HB 1633 2003
1	A bill to be entitled
2	An act relating to rural economic development; requiring
3	the Department of Transportation, the Department of
4	Environmental Protection, water management districts;
5	Enterprise Florida, and the Office of Tourism, Trade, and
6	Economic Development and other described agencies to
7	cooperate to promote development in described small
8	counties; amending s. 163.3177, F.S.; revising required
9	elements of a comprehensive plan; revising requirements in
10	described areas for the traffic circulation element in the
11	comprehensive plan; requiring described plans in said
12	element; providing for a comprehensive interchange sector
13	plan; providing for multigovernment jurisdictions;
14	providing for content and considerations; requiring
15	coordination with described public and private agencies;
16	providing for a comprehensive access management plan;
17	requiring conformity to the State Highway System Access
18	Management Act; requiring approval by the Department of
19	Transportation; requiring the department to request
20	specified entities to coordinate all applicable parties;
21	providing for a coordinated plan; amending s. 288.0655,
22	F.S.; revising provisions for award of Rural
23	Infrastructure Fund grants; providing for specified in-
24	kind resources matching certain funds; amending s.
25	337.273, F.S.; providing legislative findings relating to
26	highway interchanges; amending s. 403.973, F.S.; revising
27	provisions for comprehensive plan amendments for described
28	areas; requiring specified entities to develop a master
29	plan; providing purpose of the plan; providing for
30	assistance preparing applications for certain permits;
31	providing for waiver or reduction of application fees for
32	certain permits; creating s. 479.262, F.S.; authorizing
33	the Department of Transportation to establish a tourist-
34	oriented directional sign program in described counties;
35	requiring conformance with certain regulations; providing
36	purpose; authorizing the department to provide described
37	services; authorizing the department to contract for said
38	services; providing for charge of fee to participating
39	businesses; authorizing the department to adopt rules;
40	providing an effective date.
41
42	WHEREAS, many small rural counties in Florida do not have
43	the resources to compete for growth that will provide jobs and
44	increase the tax base, and
45	WHEREAS, many of these counties are assessing the maximum
46	millage allowed in order to meet the basic needs of our
47	communities and schools, and
48	WHEREAS, opportunities to increase revenues to provide
49	essential services, such as user fees and special assessments,
50	are currently being utilized, and
51	WHEREAS, these counties are rural and have agricultural-
52	based economies and tax bases with average incomes below the
53	state averages, and
54	WHEREAS, interstate exchanges are the most practical areas
55	in these economically disadvantaged counties to concentrate
56	efforts to enhance growth for jobs and tax bases, and
57	WHEREAS, the State of Florida continues to be an effective
58	resource and leader in providing assistance and utilizing
59	creative ways to support and enhance economic development in all
60	areas of Florida, NOW, THEREFORE,
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1. The Department of Transportation; the
65	Department of Environmental Protection; water management
66	districts; Enterprise Florida, Inc.; the Office of Tourism,
67	Trade, and Economic Development; and any other agency with
68	regulatory authority shall cooperate to promote economic
69	development in counties recognized as small counties with an
70	emphasis on the development of interstate exchanges.
71	Section 2. Paragraph (b) of subsection (6) of section
72	163.3177, Florida Statutes, is amended, and paragraphs (m) and
73	(n) are added to subsection (10) of said section, to read:
74	163.3177 Required and optional elements of comprehensive
75	plan; studies and surveys.--
76	(6) In addition to the requirements of subsections (1)-
77	(5), the comprehensive plan shall include the following
78	elements:
79	(b)1.A traffic circulation element consisting of the
80	types, locations, and extent of existing and proposed major
81	thoroughfares and transportation routes, including bicycle and
82	pedestrian ways. Transportation corridors, as defined in s.
83	334.03, may be designated in the traffic circulation element
84	pursuant to s. 337.273. If the transportation corridors are
85	designated, the local government may adopt a transportation
86	corridor management ordinance.
87	2. For future highway interchanges intersecting limited
88	access facilities on the Florida Intrastate Highway System, or
89	where land use changes are proposed within 1/2 mile of an
90	existing such interchange, the traffic circulation element shall
91	include a comprehensive interchange sector plan. In instances
92	where the sector plan extends into more than one local
93	government jurisdiction, the local government with the largest
94	amount of land within the sector shall be responsible for the
95	coordination of the sector plan. The sector plan shall prescribe
96	the type and intensity of the land use and patterns. The plan
97	shall also include a comprehensive access management plan
98	showing all driveway locations, median openings, traffic
99	signals, and internal traffic circulation. Any such
100	comprehensive access management plan shall, at a minimum,
101	conform to the State Highway System Access Management Act and
102	any rules adopted thereunder, and shall be subject to approval
103	by the Department of Transportation. Nothing herein is intended
104	to affect Department of Transportation jurisdiction over the
105	State Highway System. In rural communities, the sector plan
106	shall also consider job creation, capital investment, and
107	economic development that will strengthen and diversify the
108	community's economy; projected population growth with and in
109	proximity to the sectors; utilities required to support the
110	proposed land uses; stormwater management and treatment
111	facilities; and other infrastructure needs specific to the
112	interchange sector.
113	(10) The Legislature recognizes the importance and
114	significance of chapter 9J-5, Florida Administrative Code, the
115	Minimum Criteria for Review of Local Government Comprehensive
116	Plans and Determination of Compliance of the Department of
117	Community Affairs that will be used to determine compliance of
118	local comprehensive plans. The Legislature reserved unto itself
119	the right to review chapter 9J-5, Florida Administrative Code,
120	and to reject, modify, or take no action relative to this rule.
121	Therefore, pursuant to subsection (9), the Legislature hereby
122	has reviewed chapter 9J-5, Florida Administrative Code, and
123	expresses the following legislative intent:
124	(m) The Department of Transportation shall consider
125	compatibility of highway access to and from land uses within
126	interchange sector plans in coordination with the state land
127	planning agency and other government agencies, as appropriate.
128	In rural areas, coordination shall be made with public or
129	private agencies promoting economic development and job
130	creation.
131	(n) The Department of Transportation shall, at the request
132	of the board of county commissioners or a local municipality
133	with a population of less than 75,000, coordinate all applicable
134	state, regional, and local parties, including, but not limited
135	to, the Department of Community Affairs; the Department of
136	Environmental Protection; the Office of Tourism, Trade, and
137	Economic Development; the appropriate regional planning council
138	and water management district; the county or local municipality;
139	and the local landowners. The parties shall prepare a
140	coordinated plan with local landowners to encourage well-
141	planned, environmentally sensitive development on the Florida
142	Intrastate Highway System within those areas. The coordinated
143	plan shall consider all existing permitting requirements and be
144	permittable under existing rules and statutes applicable to such
145	developments.
146	Section 3. Paragraph (e) of subsection (2) of section
147	288.0655, Florida Statutes, is amended to read:
148	288.0655 Rural Infrastructure Fund.--
149	(2)
150	(e) To enable local governments to access the resources
151	available pursuant to s. 403.973(18), the office may award
152	grants for surveys, feasibility studies, and other activities
153	related to the identification and preclearance review of land
154	which is suitable for preclearance review and plan development
155	as provided in s. 403.973(18). Authorized grants under this
156	paragraph shall not exceed $75,000 each, except in the case of a
157	project in a rural area of critical economic concern, in which
158	case the grant shall not exceed $300,000. Any funds awarded
159	under this paragraph must be matched at a level of at least50
160	percent with local governmental or private funds and in-kind
161	resources provided by agencies participating in the memorandum
162	of agreement authorized in s. 409.973, except that any funds
163	awarded for a project in a rural area of critical economic
164	concern must be matched at a level of at least33 percent with
165	local governmental or private funds and in-kind resources
166	provided by agencies participating in the memorandum of
167	agreement authorized in s. 409.973. In evaluating applications
168	under this paragraph, the office shall consider the extent to
169	which the application seeks to minimize administrative and
170	consultant expenses. The office may also consider the number of
171	applications for grants authorized by paragraphs (b) and (c)
172	when determining the amount to be awarded under this paragraph.
173	Section 4. Subsection (7) is added to section 337.273,
174	Florida Statutes, to read:
175	337.273 Transportation corridors.--
176	(7) It is recognized by the Legislature that highway
177	interchanges on the Florida Intrastate Highway System are
178	critical elements of the State Highway System and require
179	heightened coordinated management of public transportation
180	facilities and land use. Areas around the Florida Intrastate
181	Highway System interchanges provide growth and economic
182	development opportunities which may be impeded without specific
183	coordination among state and local governments and the private
184	sector in order to provide and preserve safe and efficient
185	mobility and access to these critical areas.
186	Section 5. Subsection (18) of section 403.973, Florida
187	Statutes, is amended to read:
188	403.973 Expedited permitting; comprehensive plan
189	amendments.--
190	(18) The office, working with the Rural Economic
191	Development Initiative and the agencies participating in the
192	memoranda of agreement, shall provide technical assistance in
193	preparing permit applications and local comprehensive plan
194	amendments for counties having a population of less than 75,000
195	residents, or counties having fewer than 100,000 residents which
196	are contiguous to counties having fewer than 75,000 residents.
197	Additional assistance may include, but not be limited to,
198	guidance in land development regulations and permitting
199	processes, working cooperatively with state, regional, and local
200	entities to identify areas within these counties which may be
201	suitable or adaptable for preclearance review of specified types
202	of land uses and other activities requiring permits. When such
203	areas have been identified, the agencies participating in the
204	memoranda of agreement shall work with the office, the Rural
205	Economic Development Initiative, and the local governments to
206	create a master plan for the area that will serve as an
207	inducement for business location and job creation, the nature
208	and type of which shall be specified in the master plan. The
209	agencies shall also assist in the preparation of applications
210	for such permits as may be required, and process the
211	applications for approval. The agencies may waive or
212	substantially reduce all application fees for permits required
213	for the implementation of these master plans.
214	Section 6. Section 479.262, Florida Statutes, is created
215	to read:
216	479.262 Tourist-oriented directional sign program.--
217	(1) For counties with a population of 75,000 or less, the
218	department may establish a tourist-oriented directional sign
219	program in accordance with federal regulations for highways
220	without limited access on the National Highway System and the
221	State Highway System to encourage and assist in rural economic
222	development.
223	(2) The department shall provide the services in the most
224	efficient and cost-effective manner through department staff or
225	by contracting for some or all of the services. The department
226	is authorized to contract pursuant to s. 287.057 for the
227	provision of services related to the tourist-oriented
228	directional sign program.
229	(3) Fees for businesses that participate in the program
230	shall be established in an amount sufficient to offset the total
231	cost to the department for the program.
232	(4) The department shall adopt rules to establish
233	requirements for the location of signs, qualification for
234	participating businesses, and administration of the program.
235	(5) Nothing in this section shall be deemed to create a
236	proprietary or compensable interest in any tourist-oriented
237	directional sign or location for any participating business. The
238	department may terminate participation or change locations of
239	sign sites as it determines necessary for construction or
240	improvement of transportation facilities or for improved traffic
241	control or safety.
242	Section 7. This act shall take effect upon becoming a law.