HB 1509

1	A bill to be entitled
2	An act relating to smart growth; creating the 2005 Smart
3	Growth Study Commission; providing for appointment,
4	duties, and qualification of members; providing for public
5	involvement; providing for staff and advisory committees;
6	providing for duties of the Department of Community
7	Affairs; providing an appropriation; providing an
8	effective date.
9
10	WHEREAS, the management of population and economic growth
11	is critical to the quality of life and protection of Florida?s
12	irreplaceable natural resources that are of great importance to
13	all citizens, and
14	WHEREAS, the Florida Legislature has enacted laws in 1972,
15	1975, and 1985 to effectively manage growth and development, and
16	WHEREAS, current growth patterns have resulted in crowded
17	schools and roads, inadequate funds to provide for needed
18	infrastructure, and an increase in threats and damage to our
19	unique natural areas, and
20	WHEREAS, the valuable and necessary role of the public in
21	working with elected and appointed bodies to manage growth has
22	become increasingly more difficult due to time, costs, and legal
23	complexities, and
24	WHEREAS, the Legislature has regularly convened study
25	commissions to review, examine, and make recommendations to
26	improve the effectiveness of growth management programs at
27	local, state, and regional levels of government, and
28	WHEREAS, the Legislature is not satisfied to continue the
29	pattern of piecemeal revisions to existing growth management
30	programs and believes a new direction for managing growth must
31	be in place as Florida assumes its position as the nation?s
32	third largest state within the next 15 years, and
33	WHEREAS, the Legislature finds a need to convene an
34	informed body to comprehensively review alternatives to better
35	manage our projected growth while effectively addressing the
36	impacts of excising development not currently being addressed,
37	NOW, THEREFORE,
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  The 2005 Smart Growth Study Commission.--
42	(1)  The 2005 Smart Growth Study Commission is hereby
43	created. The commission shall be composed of 15 voting members,
44	5 of whom are appointed by the Governor, 5 of whom are appointed
45	by the President of the Senate, and 5 of whom are appointed by
46	the Speaker of the House of Representatives. The Governor shall
47	select a chair from his appointees; however, the chair will only
48	vote in case of a tie vote. The Secretary of Transportation, the
49	Secretary of Community Affairs, the Secretary of Environmental
50	Protection, and the Commissioner of Agriculture, or their
51	designees, shall serve as ex officio nonvoting members of the
52	commission. The Governor?s appointees shall include one
53	appointee from each of the following groups:
54	(a)  Business interests, including development and real
55	estate.
56	(b)  Agricultural interests, including farming,
57	aquaculture, ranching, and forestry.
58	(c)  Local and regional governments.
59	(d)  Environmental interests, including conservation and
60	resource-based nonprofit organizations.
61	(e)  Citizen organizations, including community
62	associations, citizen groups, and affordable housing groups.
63
64	The President of the Senate and the Speaker of the House of
65	Representatives shall also make their appointments from the
66	categories listed in paragraphs (a)-(e). In addition, the
67	President of the Senate and the Speaker of the House of
68	Representatives shall each appoint two members from their
69	respective chambers to serve on the commission as nonvoting ex
70	officio members. Appointments made under this subsection shall
71	occur no later than July 1, 2004, and the first meeting of the
72	commission shall be held no later than September 1, 2004. Any
73	vacancy shall be filled in the same manner as the original
74	appointment.
75	(2)  Each member of the commission is entitled to one vote
76	unless otherwise stated and actions of the commission require a
77	two-thirds vote of the members present. No action may be taken
78	when less than a majority of all members are present.
79	(3)  The commission shall review the implementation of the
80	state's growth management programs and laws, including, but not
81	limited to, chapters 163, 186, 187, and 380, Florida Statutes,
82	for the purpose of making specific recommendations relating to
83	the following:
84	(a)  Methods for substantially improving, modifying, or
85	replacing the current system of growth controls and incentives
86	with alternatives that have a higher likelihood for
87	significantly improving the management of growth.
88	(b)  Programs that provide necessary incentives, including
89	financial incentives, to promote and encourage the
90	redevelopment, improvement, and, where appropriate, infill of
91	existing developed areas.
92	(c)  Determining the most appropriate agency, combination
93	of agencies, or creation of a new agency for effectively
94	implementing a partnership and appropriate oversight role with
95	local and regional governments.
96	(d)  Enhancing the ability of citizens to more easily and
97	at less cost participate at all levels of growth management.
98	(e)  Providing development interests with necessary
99	certainty regarding where, when, and how development will be
100	encouraged and promoted.
101	(f)  Providing coordination, incentive, and funding
102	programs that jointly share the responsibility with local and
103	regional governments for relieving the crowded conditions in
104	schools and congestion on our highways and the protection of
105	natural resources.
106	(g)  Maintenance of existing private property rights in a
107	growing economy so that all sectors of our economy share in the
108	quality of life we all seek.
109	(4)  At least eight public hearings conducted every 60
110	days, shall be held by the commission at different locations
111	throughout the state in order to solicit input from the public
112	and interest groups, with particular attention being paid to
113	suggestions for how local, state, and regional agencies and
114	governments can better coordinate growth management programs.
115	(5)  By December 1, 2005, the commission shall provide to
116	the President of the Senate, Speaker of the House of
117	Representatives, and the Governor a report with specific
118	recommendations for all issues specified in subsection (3). The
119	Department of Community Affairs shall prepare legislative
120	recommendations consistent with the commission report for
121	consideration by the 2006 Legislature.
122	(6)  The commission may appoint technical advisory
123	committees. Such committee members are entitled to be reimbursed
124	by the Department of Community Affairs for travel and per diem
125	expenses as provided in s. 112.061, Florida Statutes.
126	(7)  The commission may appoint an executive director who
127	shall report to the commission and serve at its pleasure. The
128	executive director shall receive staff assistance from the
129	Department of Community Affairs and the department may provide
130	consultants upon request of the commission when the cost of such
131	consultants can be paid from the appropriation provided for in
132	this act.
133	(8)  Commission members shall receive per diem and travel
134	expenses as provided in s. 112.061, Florida Statutes, while
135	acting on behalf of the commission.
136	Section 2.  The sum of $300,000 is appropriated from the
137	General Revenue Fund to the Department of Community Affairs to
138	be used for the purpose of implementing this act.
139	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.