HB 1865CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to growth management incentives; providing
7for a pilot project on regional growth management
8strategies and solutions; providing a popular name;
9providing legislative intent; providing definitions;
10creating the Regional Planning Area Governing Board;
11providing for membership; requiring the Legislature to
12appropriate moneys to the Department of Community Affairs
13for a pilot project to be used in regional planning areas
14for certain purposes; providing criteria; providing for
15designation by the Governor of regional planning areas;
16providing application requirements and procedures for
17designation; requiring the Governor to designate by
18Executive Order five regional planning areas by a time
19certain; providing requirements; requiring regional task
20forces to submit a report to the governing board;
21providing report requirements; requiring the governing
22board to review and rank project requests and post notice
23of certain funding awards; requiring approved projects to
24be under contract by a time certain; specifying project
25eligibility criteria; providing criteria for priority
26incentive funding ranking of projects; requiring the
27governing board to submit a report after award of certain
28funds for the pilot project; providing report
29requirements; providing for abolition of the governing
30board; providing an appropriation; creating s. 163.3247,
31F.S.; providing a popular name; providing legislative
32findings and intent; creating the Century Commission for
33certain purposes; providing for appointment of commission
34members; providing for terms; providing for meetings and
35votes of members; requiring members to serve without
36compensation; providing for per diem and travel expenses;
37providing powers and duties of the commission; requiring
38the creation of a joint select committee of the
39Legislature; providing purposes; requiring the Secretary
40of Community Affairs to select an executive director of
41the commission; requiring the Department of Community
42Affairs to provide staff for the commission; providing for
43other agency staff support for the commission; providing
44an appropriation; providing effective dates.
45
46     WHEREAS, the Legislature finds and declares that the
47state's population has increased by approximately 3 million
48individuals each decade since 1970 to nearly 16 million
49individuals in 2000, and
50     WHEREAS, increased populations have resulted in greater
51density concentrations in many areas around the state and in
52growth issues that increasingly overlap multiple local
53government jurisdictional and state agency district boundaries,
54and
55     WHEREAS, consequently, the Legislature determines it is in
56the best interests of the people of the state to undertake
57action to address these issues in two steps, and
58     WHEREAS, the Legislature will earmark certain funds in the
592005-2006 fiscal year to provide incentives for regional growth
60management strategies and solutions that look beyond
61jurisdictional borders to solve mutual problems addressing
62educational infrastructure to support existing development and
63projected growth, the adequacy of transportation facilities not
64adequately addressed by the Strategic Intermodal System, and
65water supply and quality.
66     WHEREAS, the Legislature will establish a standing
67commission tasked with helping Floridians envision and plan
68their collective future with an eye towards both 20-year and 50-
69year horizons, NOW, THEREFORE,
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  Pilot project on incentives for regional growth
74management strategies and solutions.--
75     (1)  POPULAR NAME.--This section may be cited as the
76"Growth Management Incentive Act of 2005."
77     (2)  INTENT.--It is the intent of this section to use
78certain funds appropriated in the 2005-2006 fiscal year to
79provide incentives for regional growth management strategies and
80solutions that look beyond jurisdictional borders to solve
81mutual problems addressing educational infrastructure to support
82existing development and projected growth, the adequacy of
83transportation facilities not sufficiently addressed by the
84Strategic Intermodal System, and water supply and quality.
85     (3)  DEFINITIONS.--For purposes of this section, the term:
86     (a)  "Decisionmaking board" means the entity responsible
87for decisions of the regional entity seeking designation of a
88regional planning area.
89     (b)  "Governing board" means the Regional Planning Area
90Governing Board.
91     (c)  "Regional entity" means any multijurisdictional
92planning entity or entities collaborating to address
93multijurisdictional growth management issues.
94     (d)  "Regional planning area" means one of five areas so
95designated by a detailed boundary description in an executive
96order creating such an area pursuant to this act.
97     (e)  "Regional task force" means the entity designated in
98an executive order designating a regional planning area.
99     (f)  "Statewide or regionally significant issues" means
100those issues that transcend jurisdictional boundaries and are
101most appropriately addressed, protected, and promoted at a
102regional level.
103     (4)  REGIONAL PLANNING AREA GOVERNING BOARD.--The Regional
104Planning Area Governing Board is created and shall consist of
105the Secretary of Transportation, the Commissioner of Education,
106and the members of the governing board of the Florida
107Communities Trust, as created in s. 380.508, Florida Statutes.
108The Secretary of Community Affairs shall serve as the chair of
109the Regional Planning Area Governing Board.
110     (5)  PILOT PROJECT.--The Legislature shall appropriate to
111the Department of Community Affairs, by earmarking as incentive
112funds for a pilot project, fixed capital outlay from funds in
113the fiscal year 2005-2006 General Appropriations Act to be used
114in five regional planning areas to provide incentives for
115regional solutions and strategies addressing statewide or
116regionally significant issues regarding one or more of the
117following:
118     (a)  Educational infrastructure to support existing
119development and projected population growth;
120     (b)  The adequacy of transportation facilities not
121sufficiently addressed by the Strategic Intermodal System; or
122     (c)  Water supply or quality.
123
124These incentive funds shall be awarded through a competitive
125process based upon a priority ranking determined by the
126governing board pursuant to criteria specified in this section.
127All communications to the governing board regarding any request
128under consideration shall be in writing mailed or delivered to
129the director of the Division of Housing and Community
130Development of the Department of Community Affairs for
131distribution to all governing board members.
132     (6)  REGIONAL PLANNING AREA DESIGNATION REQUEST.--Any
133regional entity may apply to the Governor to have an area
134designated as a regional planning area by August 1, 2005. The
135application shall include:
136     (a)  A detailed boundary description for the proposed
137regional planning area.
138     (b)  A detailed description of the specific statewide or
139regionally significant issue or issues to be addressed within
140the proposed regional planning area. The description should
141include as much detail and supporting information as necessary
142to assist in the understanding of the issue, the issue's
143importance to the region or state, the issue's potential for
144resolution, and the likelihood of creating regional, solution-
145based, partnerships.
146     (c)  Identification of the coalition partners represented
147by the regional entity, with contact names and information.
148     (d)  Identification of the decisionmaking board of the
149regional entity, including names and contact information of the
150board members. This information should also include
151qualifications and background of the board members.
152     (e)  The charter purpose of the regional entity and
153supporting information to assist in understanding how the
154regional entity addresses and is involved with the statewide or
155regionally significant issue. A regional planning council, as
156created under chapter 186, Florida Statutes, shall not be
157required to include a charter purpose, but shall include any
158other information required herein.
159     (f)  Identification of entities and individuals, including
160contact names and information, that will need to participate and
161coordinate in the generation of proposed regional solutions or
162strategies to ensure successful implementation.
163     (g)  Other descriptions or information as necessary to
164support the request for designation.
165     (h)  Any other relevant information requested by the
166Executive Office of the Governor during consideration of the
167request.
168     (7)  DESIGNATION BY THE GOVERNOR.--By Executive Order, the
169Governor shall designate five regional planning areas by October
1701, 2005, giving due consideration to the equitable distribution
171of these areas throughout the state. One regional planning area
172shall include the Florida Keys Area, which is designated as an
173area of critical state concern pursuant to s. 380.0552, Florida
174Statutes. Each executive order shall include the following
175details:
176     (a)  The name and a detailed boundary description of the
177specific regional planning area as included in the regional
178entity's request.
179     (b)  A detailed listing of the specific issues which are to
180be addressed by the regional planning area.
181     (c)  Designation of the regional task force as proposed in
182the request for designation as the entity responsible for
183submitting the report and funding requests as provided in this
184section.
185     (8)  REPORT OF THE REGIONAL PLANNING AREAS AND REQUEST TO
186THE GOVERNING BOARD.--
187     (a)  By August 31, 2006, each regional task force of the
188designated regional planning areas shall deliver to the
189governing board a report detailing the process and results of
190research and other efforts relating to solutions or strategies
191to address or resolve the statewide or regionally significant
192issues designated in the Executive Order. The report delivered
193to the governing board shall be accompanied by all supporting
194materials and information that the regional task force wishes
195the governing board to consider in relation to the funding
196requests.
197     (b)  The report must, in addition to the information
198required in paragraph (a), include:
199     1.  A prioritized listing of projects for which incentive
200funding is being requested. Project requests for funding
201consideration may be bundled or requested individually and
202should be identified as such in the request. All projects must
203provide solutions or strategies to the specific statewide or
204regionally significant issues detailed in the executive order
205that include:
206     a.  Identification of the problem to be solved.
207     b.  A proposed solution to the problem.
208     c.  The potential cost of the solution, including
209identification of the matching funds. The proposed solution and
210cost estimates shall be financially feasible and based upon
211current scientific, economic, demographic, and financial
212information.
213     2.  An action plan that lists and describes all actions
214necessary to implement each prioritized project.
215     3.  A detailed description of how each prioritized project
216meets or exceeds the eligibility requirements.
217     4.  A detailed description of how each prioritized project
218addresses each of the relevant priority ranking criteria and a
219detailed explanation of how or why a particular ranking
220criterion does not apply.
221     (9)  GOVERNING BOARD REVIEW, RANKING, AND AWARD.--The
222governing board shall review and rank, pursuant to the criteria
223provided in this section, the project requests and post a notice
224for award of the regional planning area funds by October 15,
2252006. All actions of the governing board shall be by majority
226vote of the members.
227     (10)  CONTRACTING.--All regional planning area projects
228approved for funding shall be under contract by January 31,
2292007, duly executed between the Department of Community Affairs
230and the regional task force of the regional entity.
231     (11)  ELIGIBILITY CRITERIA.--Eligible projects shall meet
232or exceed the following criteria which shall be described in
233detail in the report:
234     (a)  Propose a regional strategy or solution, based upon
235current scientific, economic, demographic, and financial
236information that includes specific actions to resolve current,
237or prevent future, problems identified with one or more of the
238statewide or regionally significant priority issues.
239     (b)  Propose a solution or strategy that is consistent with
240or supports the region's character and future vision.
241     (c)  Provide a funding proposal that includes the
242appropriate use of state fixed capital outlay funds pursuant to
243chapter 216, Florida Statutes, and a match of not less than 50
244percent from local and private funds. The funding proposal
245should be financially feasible and include sufficient evidence
246of available matching funds.
247     (d)  Provide an achievable action plan including evidence
248of support or commitment from participating individuals or
249entities.
250     (12)  PRIORITY RANKING CRITERIA.--An eligible regional
251strategy or solution shall receive priority incentive funding
252consideration by the governing board to the extent the strategy
253or solution:
254     (a)  Reduces an infrastructure backlog or provides
255infrastructure to address one or more of the statewide or
256regionally significant priority issues.
257     (b)  Promotes efficient land use and use of existing and
258planned infrastructure.
259     (c)  Provides an opportunity to correct existing, or avoid
260future, inefficient land use patterns.
261     (d)  Provides solutions or strategies to one or more of the
262statewide or regionally significant priority issues in more than
263one jurisdiction.
264     (e)  Combines solutions, strategies, and funding requests
265across regional boundaries.
266     (f)  Provides for the implementation of amendments to
267affected comprehensive plans and land development regulations
268necessary to effectuate the project within a reasonable
269timeframe.
270     (g)  Provides an opportunity to address or reduce the level
271of threat to significant natural resources resulting from growth
272and development pressures.
273     (h)  Provides for public participation in the visioning or
274other processes that led up to the submittal of the report and
275project incentive funding requests.
276     (i)  Furthers collaborative, innovative, or creative cross
277jurisdictional efforts to solve statewide or regionally
278significant issues.
279     (j)  Integrates, supports, or furthers elements of the
280affected local or other comprehensive plan or plans.
281     (k)  Provides for collaboration with relevant federal,
282state, regional, and local agencies.
283     (l)  Minimizes stress on water resources.
284     (m)  Proposes shared use of facilities.
285     (n)  Uses information technology to provide for more
286efficient and effective data information collection, analysis,
287utilization, and sharing.
288     (13)  REPORTING.--Following the award of all incentive
289funds appropriated for the pilot project, the governing board
290shall deliver a final report to the Governor, the President of
291the Senate, and the Speaker of the House of Representatives. The
292final report shall include a description of the process used in
293reviewing and ranking the proposed projects; a description of
294the proposals received and selected and any other information
295that would assist in the understanding of how this phase of the
296pilot program functioned; and constructive ideas or comments on
297how the program could be improved if continued. Further, where
298appropriate, the final report shall include discussions
299regarding the need for intergovernmental cooperation and the
300balancing of environmental protection and future development and
301recommendations regarding dedicated sources of funding for sewer
302facilities, water supply and quality, transportation facilities
303that are not adequately addressed by the Strategic Intermodal
304System, and educational infrastructure to support existing
305development and projected population growth. Additionally, the
306regional task force of each regional planning area shall deliver
307a final report to the Governor, the President of the Senate, the
308Speaker of the House of Representatives, and the Secretary of
309the Department of Community Affairs detailing the specific
310projects funded, their completion, challenges and successes, and
311any recommendations for future efforts of this type.
312     (14)  ABOLITION.--The governing board is abolished and this
313section expires after the delivery of the last report required
314in subsection (13).
315     Section 2.  Effective July 1, 2005, the sum of $200,000 is
316appropriated to the Department of Community Affairs in
317nonrecurring General Revenue to fund the staffing and other
318costs associated with the pilot project created in section 1 of
319this act.
320     Section 3.  Section 163.3247, Florida Statutes, is created
321to read:
322     163.3247  Century Commission.--
323     (1)  POPULAR NAME.--This section may be cited as the
324"Century Commission Act."
325     (2)  FINDINGS AND INTENT.--The Legislature finds and
326declares that the population of this state is expected to more
327than double over the next 100 years, with commensurate impacts
328to the state's natural resources and public infrastructure.
329Consequently, it is in the best interests of the people of the
330state to ensure sound planning for the proper placement of this
331growth and protection of the state's land, water, and other
332natural resources since such resources are essential to our
333collective quality of life and a strong economy. The state's
334growth management system should foster economic stability
335through regional solutions and strategies, urban renewal and
336infill, and the continued viability of agricultural economies,
337while allowing for rural economic development and protecting the
338unique characteristics of rural areas, and should reduce the
339complexity of the regulatory process while carrying out the
340intent of the laws and encouraging greater citizen
341participation.
342     (3)  CENTURY COMMISSION; CREATION; ORGANIZATION.--The
343Century Commission is created as a standing body to help the
344citizens of this state envision and plan their collective future
345with an eye towards both 20-year and 50-year horizons.
346     (a)  The commission shall consist of nine members, three
347appointed by the Governor, three appointed by the President of
348the Senate, and three appointed by the Speaker of the House of
349Representatives. Appointments shall be made no later than
350October 1, 2005. One member shall be designated by the Governor
351as chair of the commission. Any vacancy that occurs on the
352commission must be filled in the same manner as the original
353appointment and shall be for the unexpired term of that
354commission seat. Members shall serve 4-year terms, except that,
355initially, to provide for staggered terms, three of the
356appointees, one each by the Governor, the President of the
357Senate, and the Speaker of the House of Representatives, shall
358serve 2-year terms, three shall serve 3-year terms, and three
359shall serve 4-year terms. All subsequent appointments shall be
360for 4-year terms. An appointee may not serve more than 6 years.
361     (b)  The first meeting of the commission shall be held no
362later than December 1, 2005, and shall meet at the call of the
363chair but not less frequently than three times per year in
364different regions of the state to solicit input from the public
365or any other individuals offering testimony relevant to the
366issues to be considered.
367     (c)  Each member of the commission is entitled to one vote
368and action of the commission is not binding unless taken by a
369three-fifths vote of the members present. A majority of the
370members is required to constitute a quorum, and the affirmative
371vote of a quorum is required for a binding vote.
372     (d)  Members of the commission shall serve without
373compensation but shall be entitled to receive per diem and
374travel expenses in accordance with s. 112.061 while in
375performance of their duties.
376     (4)  POWERS AND DUTIES.--The commission shall:
377     (a)  Annually conduct a process through which the
378commission envisions the future for the state, and then develops
379and recommends policies, plans, action steps, or strategies to
380assist in achieving the vision.
381     (b)  Continuously review and consider statutory and
382regulatory provisions, governmental processes, and societal and
383economic trends in its inquiry of how state, regional, and local
384governments and entities and citizens of this state can best
385accommodate projected increased populations while maintaining
386the natural, historical, cultural, and manmade life qualities
387that best represent the state.
388     (c)  Bring together people representing varied interests to
389develop a shared image of the state and its developed and
390natural areas. The process should involve exploring the impact
391of the estimated population increase and other emerging trends
392and issues; creating a vision for the future; and developing a
393strategic action plan to achieve that vision using 20-year and
39450-year intermediate planning timeframes.
395     (d)  Focus on essential state interests, defined as those
396interests that transcend local or regional boundaries and are
397most appropriately conserved, protected, and promoted at the
398state level.
399     (e)  Serve as an objective, nonpartisan repository of
400exemplary community-building ideas and as a source to recommend
401strategies and practices to assist others in working
402collaboratively to problem solve on issues relating to growth
403management.
404     (f)  Annually, beginning January 15, 2007, and every year
405thereafter on the same date, provide to the Governor, the
406President of the Senate, and the Speaker of the House of
407Representatives a written report containing specific
408recommendations for addressing growth management in the state,
409including executive and legislative recommendations. Further,
410the report shall contain discussions regarding the need for
411intergovernmental cooperation and the balancing of environmental
412protection and future development and recommendations on issues,
413including, but not limited to, recommendations regarding
414dedicated sources of funding for sewer facilities, water supply
415and quality, transportation facilities that are not adequately
416addressed by the Strategic Intermodal System, and educational
417infrastructure to support existing development and projected
418population growth. This report shall be verbally presented to a
419joint session of both houses annually as scheduled by the
420President of the Senate and the Speaker of the House of
421Representatives.
422     (g)  Beginning with the 2007 Regular Session of the
423Legislature, the President of the Senate and Speaker of the
424House of Representatives shall create a joint select committee,
425the task of which shall be to review the findings and
426recommendations of the Century Commission for potential action.
427     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
428     (a)  The Secretary of Community Affairs shall select an
429executive director of the commission, and the executive director
430shall serve at the pleasure of the secretary under the
431supervision and control of the commission.
432     (b)  The Department of Community Affairs shall provide
433staff and other resources necessary to accomplish the goals of
434the commission based upon recommendations of the Governor.
435     (c)  All agencies under the control of the Governor are
436directed, and all other agencies are requested, to render
437assistance to, and cooperate with, the commission.
438     Section 4.  Effective July 1, 2005, the sum of $250,000 is
439appropriated from the General Revenue Fund to the Department of
440Community Affairs to provide the necessary staff and other
441assistance to the Century Commission required by s. 163.3247,
442Florida Statutes, as created by this act.
443     Section 5.  Except as otherwise provided herein, this act
444shall take effect upon becoming a law.


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