| 1 | A bill to be entitled |
| 2 | An act relating to growth management incentives; providing |
| 3 | for a pilot project on regional growth management |
| 4 | strategies and solutions; providing a popular name; |
| 5 | providing legislative intent; providing definitions; |
| 6 | creating the Regional Planning Area Governing Board; |
| 7 | providing for membership; requiring the Legislature to |
| 8 | appropriate moneys to the Department of Community Affairs |
| 9 | for a pilot project to be used in regional planning areas |
| 10 | for certain purposes; providing criteria; providing for |
| 11 | designation by the Governor of regional planning areas; |
| 12 | providing application requirements and procedures for |
| 13 | designation; requiring the Governor to designate by |
| 14 | Executive Order five regional planning areas by a time |
| 15 | certain; providing requirements; requiring regional task |
| 16 | forces to submit a report to the governing board; |
| 17 | providing report requirements; requiring the governing |
| 18 | board to review and rank project requests and post notice |
| 19 | of certain funding awards; requiring approved projects to |
| 20 | be under contract by a time certain; specifying project |
| 21 | eligibility criteria; providing criteria for priority |
| 22 | incentive funding ranking of projects; requiring the |
| 23 | governing board to submit a report after award of certain |
| 24 | funds for the pilot project; providing report |
| 25 | requirements; providing for abolition of the governing |
| 26 | board; providing an appropriation; creating s. 163.3247, |
| 27 | F.S.; providing a popular name; providing legislative |
| 28 | findings and intent; creating the Century Commission for |
| 29 | certain purposes; providing for appointment of commission |
| 30 | members; providing for terms; providing for meetings and |
| 31 | votes of members; requiring members to serve without |
| 32 | compensation; providing for per diem and travel expenses; |
| 33 | providing powers and duties of the commission; requiring |
| 34 | the creation of a joint select committee of the |
| 35 | Legislature; providing purposes; requiring the Secretary |
| 36 | of Community Affairs to select an executive director of |
| 37 | the commission; requiring the Department of Community |
| 38 | Affairs to provide staff for the commission; providing for |
| 39 | other agency staff support for the commission; providing |
| 40 | an appropriation; providing effective dates. |
| 41 |
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| 42 | WHEREAS, the Legislature finds and declares that the |
| 43 | state's population has increased by approximately 3 million |
| 44 | individuals each decade since 1970 to nearly 16 million |
| 45 | individuals in 2000, and |
| 46 | WHEREAS, increased populations have resulted in greater |
| 47 | density concentrations in many areas around the state and in |
| 48 | growth issues that increasingly overlap multiple local |
| 49 | government jurisdictional and state agency district boundaries, |
| 50 | and |
| 51 | WHEREAS, consequently, the Legislature determines it is in |
| 52 | the best interests of the people of the state to undertake |
| 53 | action to address these issues in two steps, and |
| 54 | WHEREAS, the Legislature will earmark certain funds in the |
| 55 | 2005-2006 fiscal year to provide incentives for regional growth |
| 56 | management strategies and solutions that look beyond |
| 57 | jurisdictional borders to solve mutual problems addressing |
| 58 | educational infrastructure to support existing development and |
| 59 | projected growth, the adequacy of transportation facilities not |
| 60 | adequately addressed by the Strategic Intermodal System, and |
| 61 | water supply and quality. |
| 62 | WHEREAS, the Legislature will establish a standing |
| 63 | commission tasked with helping Floridians envision and plan |
| 64 | their collective future with an eye towards both 20-year and 50- |
| 65 | year horizons, NOW, THEREFORE, |
| 66 |
|
| 67 | Be It Enacted by the Legislature of the State of Florida: |
| 68 |
|
| 69 | Section 1. Pilot project on incentives for regional growth |
| 70 | management strategies and solutions.-- |
| 71 | (1) POPULAR NAME.--This section may be cited as the |
| 72 | "Growth Management Incentive Act of 2005." |
| 73 | (2) INTENT.--It is the intent of this section to use |
| 74 | certain funds appropriated in the 2005-2006 fiscal year to |
| 75 | provide incentives for regional growth management strategies and |
| 76 | solutions that look beyond jurisdictional borders to solve |
| 77 | mutual problems addressing educational infrastructure to support |
| 78 | existing development and projected growth, the adequacy of |
| 79 | transportation facilities not sufficiently addressed by the |
| 80 | Strategic Intermodal System, and water supply and quality. |
| 81 | (3) DEFINITIONS.--For purposes of this section, the term: |
| 82 | (a) "Decisionmaking board" means the entity responsible |
| 83 | for decisions of the regional entity seeking designation of a |
| 84 | regional planning area. |
| 85 | (b) "Governing board" means the Regional Planning Area |
| 86 | Governing Board. |
| 87 | (c) "Regional entity" means any multijurisdictional |
| 88 | planning entity or entities collaborating to address |
| 89 | multijurisdictional growth management issues. |
| 90 | (d) "Regional planning area" means one of five areas so |
| 91 | designated by a detailed boundary description in an executive |
| 92 | order creating such an area pursuant to this act. |
| 93 | (e) "Regional task force" means the entity designated in |
| 94 | an executive order designating a regional planning area. |
| 95 | (f) "Statewide or regionally significant issues" means |
| 96 | those issues that transcend jurisdictional boundaries and are |
| 97 | most appropriately addressed, protected, and promoted at a |
| 98 | regional level. |
| 99 | (4) REGIONAL PLANNING AREA GOVERNING BOARD.--The Regional |
| 100 | Planning Area Governing Board is created and shall consist of |
| 101 | the Secretary of Transportation, the Commissioner of Education, |
| 102 | and the members of the governing board of the Florida |
| 103 | Communities Trust, as created in s. 380.508, Florida Statutes. |
| 104 | The Secretary of Community Affairs shall serve as the chair of |
| 105 | the Regional Planning Area Governing Board. |
| 106 | (5) PILOT PROJECT.--The Legislature shall appropriate to |
| 107 | the Department of Community Affairs, by earmarking as incentive |
| 108 | funds for a pilot project, fixed capital outlay from funds in |
| 109 | the fiscal year 2005-2006 General Appropriations Act to be used |
| 110 | in five regional planning areas to provide incentives for |
| 111 | regional solutions and strategies addressing statewide or |
| 112 | regionally significant issues regarding one or more of the |
| 113 | following: |
| 114 | (a) Educational infrastructure to support existing |
| 115 | development and projected population growth; |
| 116 | (b) The adequacy of transportation facilities not |
| 117 | sufficiently addressed by the Strategic Intermodal System; or |
| 118 | (c) Water supply or quality. |
| 119 |
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| 120 | These incentive funds shall be awarded through a competitive |
| 121 | process based upon a priority ranking determined by the |
| 122 | governing board pursuant to criteria specified in this section. |
| 123 | All communications to the governing board regarding any request |
| 124 | under consideration shall be in writing mailed or delivered to |
| 125 | the director of the Division of Housing and Community |
| 126 | Development of the Department of Community Affairs for |
| 127 | distribution to all governing board members. |
| 128 | (6) REGIONAL PLANNING AREA DESIGNATION REQUEST.--Any |
| 129 | regional entity may apply to the Governor to have an area |
| 130 | designated as a regional planning area by August 1, 2005. The |
| 131 | application shall include: |
| 132 | (a) A detailed boundary description for the proposed |
| 133 | regional planning area. |
| 134 | (b) A detailed description of the specific statewide or |
| 135 | regionally significant issue or issues to be addressed within |
| 136 | the proposed regional planning area. The description should |
| 137 | include as much detail and supporting information as necessary |
| 138 | to assist in the understanding of the issue, the issue's |
| 139 | importance to the region or state, the issue's potential for |
| 140 | resolution, and the likelihood of creating regional, solution- |
| 141 | based, partnerships. |
| 142 | (c) Identification of the coalition partners represented |
| 143 | by the regional entity, with contact names and information. |
| 144 | (d) Identification of the decisionmaking board of the |
| 145 | regional entity, including names and contact information of the |
| 146 | board members. This information should also include |
| 147 | qualifications and background of the board members. |
| 148 | (e) The charter purpose of the regional entity and |
| 149 | supporting information to assist in understanding how the |
| 150 | regional entity addresses and is involved with the statewide or |
| 151 | regionally significant issue. A regional planning council, as |
| 152 | created under chapter 186, Florida Statutes, shall not be |
| 153 | required to include a charter purpose, but shall include any |
| 154 | other information required herein. |
| 155 | (f) Identification of entities and individuals, including |
| 156 | contact names and information, that will need to participate and |
| 157 | coordinate in the generation of proposed regional solutions or |
| 158 | strategies to ensure successful implementation. |
| 159 | (g) Other descriptions or information as necessary to |
| 160 | support the request for designation. |
| 161 | (h) Any other relevant information requested by the |
| 162 | Executive Office of the Governor during consideration of the |
| 163 | request. |
| 164 | (7) DESIGNATION BY THE GOVERNOR.--By Executive Order, the |
| 165 | Governor shall designate five regional planning areas by October |
| 166 | 1, 2005, giving due consideration to the equitable distribution |
| 167 | of these areas throughout the state. Each executive order shall |
| 168 | include the following details: |
| 169 | (a) The name and a detailed boundary description of the |
| 170 | specific regional planning area as included in the regional |
| 171 | entity's request. |
| 172 | (b) A detailed listing of the specific issues which are to |
| 173 | be addressed by the regional planning area. |
| 174 | (c) Designation of the regional task force as proposed in |
| 175 | the request for designation as the entity responsible for |
| 176 | submitting the report and funding requests as provided in this |
| 177 | section. |
| 178 | (8) REPORT OF THE REGIONAL PLANNING AREAS AND REQUEST TO |
| 179 | THE GOVERNING BOARD.-- |
| 180 | (a) By August 31, 2006, each regional task force of the |
| 181 | designated regional planning areas shall deliver to the |
| 182 | governing board a report detailing the process and results of |
| 183 | research and other efforts relating to solutions or strategies |
| 184 | to address or resolve the statewide or regionally significant |
| 185 | issues designated in the Executive Order. The report delivered |
| 186 | to the governing board shall be accompanied by all supporting |
| 187 | materials and information that the regional task force wishes |
| 188 | the governing board to consider in relation to the funding |
| 189 | requests. |
| 190 | (b) The report must, in addition to the information |
| 191 | required in paragraph (a), include: |
| 192 | 1. A prioritized listing of projects for which incentive |
| 193 | funding is being requested. Project requests for funding |
| 194 | consideration may be bundled or requested individually and |
| 195 | should be identified as such in the request. All projects must |
| 196 | provide solutions or strategies to the specific statewide or |
| 197 | regionally significant issues detailed in the executive order |
| 198 | that include: |
| 199 | a. Identification of the problem to be solved. |
| 200 | b. A proposed solution to the problem. |
| 201 | c. The potential cost of the solution, including |
| 202 | identification of the matching funds. The proposed solution and |
| 203 | cost estimates shall be financially feasible and based upon |
| 204 | current scientific, economic, demographic, and financial |
| 205 | information. |
| 206 | 2. An action plan that lists and describes all actions |
| 207 | necessary to implement each prioritized project. |
| 208 | 3. A detailed description of how each prioritized project |
| 209 | meets or exceeds the eligibility requirements. |
| 210 | 4. A detailed description of how each prioritized project |
| 211 | addresses each of the relevant priority ranking criteria and a |
| 212 | detailed explanation of how or why a particular ranking |
| 213 | criterion does not apply. |
| 214 | (9) GOVERNING BOARD REVIEW, RANKING, AND AWARD.--The |
| 215 | governing board shall review and rank, pursuant to the criteria |
| 216 | provided in this section, the project requests and post a notice |
| 217 | for award of the regional planning area funds by October 15, |
| 218 | 2006. All actions of the governing board shall be by majority |
| 219 | vote of the members. |
| 220 | (10) CONTRACTING.--All regional planning area projects |
| 221 | approved for funding shall be under contract by January 31, |
| 222 | 2007, duly executed between the Department of Community Affairs |
| 223 | and the regional task force of the regional entity. |
| 224 | (11) ELIGIBILITY CRITERIA.--Eligible projects shall meet |
| 225 | or exceed the following criteria which shall be described in |
| 226 | detail in the report: |
| 227 | (a) Propose a regional strategy or solution, based upon |
| 228 | current scientific, economic, demographic, and financial |
| 229 | information that includes specific actions to resolve current, |
| 230 | or prevent future, problems identified with one or more of the |
| 231 | statewide or regionally significant priority issues. |
| 232 | (b) Propose a solution or strategy that is consistent with |
| 233 | or supports the region's character and future vision. |
| 234 | (c) Provide a funding proposal that includes the |
| 235 | appropriate use of state fixed capital outlay funds pursuant to |
| 236 | chapter 216, Florida Statutes, and a match of not less than 50 |
| 237 | percent from local and private funds. The funding proposal |
| 238 | should be financially feasible and include sufficient evidence |
| 239 | of available matching funds. |
| 240 | (d) Provide an achievable action plan including evidence |
| 241 | of support or commitment from participating individuals or |
| 242 | entities. |
| 243 | (12) PRIORITY RANKING CRITERIA.--An eligible regional |
| 244 | strategy or solution shall receive priority incentive funding |
| 245 | consideration by the governing board to the extent the strategy |
| 246 | or solution: |
| 247 | (a) Reduces an infrastructure backlog or provides |
| 248 | infrastructure to address one or more of the statewide or |
| 249 | regionally significant priority issues. |
| 250 | (b) Promotes efficient land use and use of existing and |
| 251 | planned infrastructure. |
| 252 | (c) Provides an opportunity to correct existing, or avoid |
| 253 | future, inefficient land use patterns. |
| 254 | (d) Provides solutions or strategies to one or more of the |
| 255 | statewide or regionally significant priority issues in more than |
| 256 | one jurisdiction. |
| 257 | (e) Combines solutions, strategies, and funding requests |
| 258 | across regional boundaries. |
| 259 | (f) Provides for the implementation of amendments to |
| 260 | affected comprehensive plans and land development regulations |
| 261 | necessary to effectuate the project within a reasonable |
| 262 | timeframe. |
| 263 | (g) Provides an opportunity to address or reduce the level |
| 264 | of threat to significant natural resources resulting from growth |
| 265 | and development pressures. |
| 266 | (h) Provides for public participation in the visioning or |
| 267 | other processes that led up to the submittal of the report and |
| 268 | project incentive funding requests. |
| 269 | (i) Furthers collaborative, innovative, or creative cross |
| 270 | jurisdictional efforts to solve statewide or regionally |
| 271 | significant issues. |
| 272 | (j) Integrates, supports, or furthers elements of the |
| 273 | affected local or other comprehensive plan or plans. |
| 274 | (k) Provides for collaboration with relevant federal, |
| 275 | state, regional, and local agencies. |
| 276 | (l) Minimizes stress on water resources. |
| 277 | (m) Proposes shared use of facilities. |
| 278 | (n) Uses information technology to provide for more |
| 279 | efficient and effective data information collection, analysis, |
| 280 | utilization, and sharing. |
| 281 | (13) REPORTING.--Following the award of all incentive |
| 282 | funds appropriated for the pilot project, the governing board |
| 283 | shall deliver a final report to the Governor, the President of |
| 284 | the Senate, and the Speaker of the House of Representatives. The |
| 285 | final report shall include a description of the process used in |
| 286 | reviewing and ranking the proposed projects; a description of |
| 287 | the proposals received and selected and any other information |
| 288 | that would assist in the understanding of how this phase of the |
| 289 | pilot program functioned; and constructive ideas or comments on |
| 290 | how the program could be improved if continued. Additionally, |
| 291 | the regional task force of each regional planning area shall |
| 292 | deliver a final report to the Governor, the President of the |
| 293 | Senate, the Speaker of the House of Representatives, and the |
| 294 | Secretary of the Department of Community Affairs detailing the |
| 295 | specific projects funded, their completion, challenges and |
| 296 | successes, and any recommendations for future efforts of this |
| 297 | type. |
| 298 | (14) ABOLITION.--The governing board is abolished and this |
| 299 | section expires after the delivery of the report required in |
| 300 | subsection (13). |
| 301 | Section 2. Effective July 1, 2005, the sum of $200,000 is |
| 302 | appropriated to the Department of Community Affairs in |
| 303 | nonrecurring General Revenue to fund the staffing and other |
| 304 | costs associated with the pilot project created in section 1 of |
| 305 | this act. |
| 306 | Section 3. Section 163.3247, Florida Statutes, is created |
| 307 | to read: |
| 308 | 163.3247 Century Commission.-- |
| 309 | (1) POPULAR NAME.--This section may be cited as the |
| 310 | "Century Commission Act." |
| 311 | (2) FINDINGS AND INTENT.--The Legislature finds and |
| 312 | declares that the population of this state is expected to more |
| 313 | than double over the next 100 years, with commensurate impacts |
| 314 | to the state's natural resources and public infrastructure. |
| 315 | Consequently, it is in the best interests of the people of the |
| 316 | state to ensure sound planning for the proper placement of this |
| 317 | growth and protection of the state's land, water, and other |
| 318 | natural resources since such resources are essential to our |
| 319 | collective quality of life and a strong economy. The state's |
| 320 | growth management system should foster economic stability |
| 321 | through regional solutions and strategies, urban renewal and |
| 322 | infill, and the continued viability of agricultural economies, |
| 323 | while allowing for rural economic development and protecting the |
| 324 | unique characteristics of rural areas, and should reduce the |
| 325 | complexity of the regulatory process while carrying out the |
| 326 | intent of the laws and encouraging greater citizen |
| 327 | participation. |
| 328 | (3) CENTURY COMMISSION; CREATION; ORGANIZATION.--The |
| 329 | Century Commission is created as a standing body to help the |
| 330 | citizens of this state envision and plan their collective future |
| 331 | with an eye towards both 20-year and 50-year horizons. |
| 332 | (a) The commission shall consist of nine members, three |
| 333 | appointed by the Governor, three appointed by the President of |
| 334 | the Senate, and three appointed by the Speaker of the House of |
| 335 | Representatives. Appointments shall be made no later than |
| 336 | October 1, 2005. One member shall be designated by the Governor |
| 337 | as chair of the commission. Any vacancy that occurs on the |
| 338 | commission must be filled in the same manner as the original |
| 339 | appointment and shall be for the unexpired term of that |
| 340 | commission seat. Members shall serve 4-year terms, except that, |
| 341 | initially, to provide for staggered terms, three of the |
| 342 | appointees, one each by the Governor, the President of the |
| 343 | Senate, and the Speaker of the House of Representatives, shall |
| 344 | serve 2-year terms, three shall serve 4-year terms, and three |
| 345 | shall serve 6-year terms. All subsequent appointments shall be |
| 346 | for 4-year terms. An appointee may not serve more than 6 years. |
| 347 | (b) The first meeting of the commission shall be held no |
| 348 | later than December 1, 2005, and shall meet at the call of the |
| 349 | chair but not less frequently than three times per year in |
| 350 | different regions of the state to solicit input from the public |
| 351 | or any other individuals offering testimony relevant to the |
| 352 | issues to be considered. |
| 353 | (c) Each member of the commission is entitled to one vote |
| 354 | and action of the commission is not binding unless taken by a |
| 355 | three-fifths vote of the members present. A majority of the |
| 356 | members is required to constitute a quorum, and the affirmative |
| 357 | vote of a quorum is required for a binding vote. |
| 358 | (d) Members of the commission shall serve without |
| 359 | compensation but shall be entitled to receive per diem and |
| 360 | travel expenses in accordance with s. 112.061 while in |
| 361 | performance of their duties. |
| 362 | (4) POWERS AND DUTIES.--The commission shall: |
| 363 | (a) Annually conduct a process through which the |
| 364 | commission envisions the future for the state, and then develops |
| 365 | and recommends policies, plans, action steps, or strategies to |
| 366 | assist in achieving the vision. |
| 367 | (b) Continuously review and consider statutory and |
| 368 | regulatory provisions, governmental processes, and societal and |
| 369 | economic trends in its inquiry of how state, regional, and local |
| 370 | governments and entities and citizens of this state can best |
| 371 | accommodate projected increased populations while maintaining |
| 372 | the natural, historical, cultural, and manmade life qualities |
| 373 | that best represent the state. |
| 374 | (c) Bring together people representing varied interests to |
| 375 | develop a shared image of the state and its developed and |
| 376 | natural areas. The process should involve exploring the impact |
| 377 | of the estimated population increase and other emerging trends |
| 378 | and issues; creating a vision for the future; and developing a |
| 379 | strategic action plan to achieve that vision using 20-year and |
| 380 | 50-year intermediate planning timeframes. |
| 381 | (d) Focus on essential state interests, defined as those |
| 382 | interests that transcend local or regional boundaries and are |
| 383 | most appropriately conserved, protected, and promoted at the |
| 384 | state level. |
| 385 | (e) Serve as an objective, nonpartisan repository of |
| 386 | exemplary community-building ideas and as a source to recommend |
| 387 | strategies and practices to assist others in working |
| 388 | collaboratively to problem solve on issues relating to growth |
| 389 | management. |
| 390 | (f) Annually, beginning January 15, 2007, and every year |
| 391 | thereafter on the same date, provide to the Governor, the |
| 392 | President of the Senate, and the Speaker of the House of |
| 393 | Representatives a written report containing specific |
| 394 | recommendations for addressing growth management in the state, |
| 395 | including executive and legislative recommendations. This report |
| 396 | shall be verbally presented to a joint session of both houses |
| 397 | annually as scheduled by the President of the Senate and the |
| 398 | Speaker of the House of Representatives. |
| 399 | (g) Beginning with the 2007 Regular Session of the |
| 400 | Legislature, the President of the Senate and Speaker of the |
| 401 | House of Representatives shall create a joint select committee, |
| 402 | the task of which shall be to review the findings and |
| 403 | recommendations of the Century Commission for potential action. |
| 404 | (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-- |
| 405 | (a) The Secretary of Community Affairs shall select an |
| 406 | executive director of the commission, and the executive director |
| 407 | shall serve at the pleasure of the secretary under the |
| 408 | supervision and control of the commission. |
| 409 | (b) The Department of Community Affairs shall provide |
| 410 | staff and other resources necessary to accomplish the goals of |
| 411 | the commission based upon recommendations of the Governor. |
| 412 | (c) All agencies under the control of the Governor are |
| 413 | directed, and all other agencies are requested, to render |
| 414 | assistance to, and cooperate with, the commission. |
| 415 | Section 4. Effective July 1, 2005, the sum of $250,000 is |
| 416 | appropriated from the General Revenue Fund to the Department of |
| 417 | Community Affairs to provide the necessary staff and other |
| 418 | assistance to the Century Commission required by s. 163.3247, |
| 419 | Florida Statutes, as created by this act. |
| 420 | Section 5. Except as otherwise provided herein, this act |
| 421 | shall take effect upon becoming a law. |