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