HB 1143

1	A bill to be entitled
2	An act relating to the Century Commission for a
3	Sustainable Florida; amending s. 163.3247, F.S.;
4	increasing the membership of the commission; revising
5	provisions governing appointments to the commission by the
6	Governor, the President of the Senate, and the Speaker of
7	the House of Representatives; prohibiting a member of the
8	commission from having certain interests in contracts or
9	benefits awarded by the commission; providing for
10	additional powers and duties of the commission; revising
11	provisions concerning appointment and oversight of the
12	executive director of the commission; transferring the
13	commission to the Office of Legislative Services for
14	administrative purposes; amending s. 201.15, F.S.;
15	increasing the appropriation to the commission of proceeds
16	from the excise tax on documents; providing a continuing
17	appropriation; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsections (3), (4), and (5) of section
22	163.3247, Florida Statutes, are amended to read:
23	163.3247  Century Commission for a Sustainable Florida.--
24	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
25	CREATION; ORGANIZATION.--The Century Commission for a
26	Sustainable Florida is created as a standing body to help the
27	citizens of this state envision and plan their collective future
28	with an eye towards both 25-year and 50-year horizons.
29	(a)  The commission shall consist of 18 15 members, 6 5
30	appointed by the Governor, 6 5 appointed by the President of the
31	Senate, and 6 5 appointed by the Speaker of the House of
32	Representatives. Appointments shall be made no later than
33	October 1, 2005. The membership must represent local
34	governments, school boards, developers and homebuilders, the
35	business community, the agriculture community, the environmental
36	community, and other appropriate stakeholders. In making the
37	appointments, the Governor, the President of the Senate, and the
38	Speaker of the House of Representatives shall ensure that the
39	membership of the commission reflects the racial, ethnic, and
40	gender diversity, as well as the geographic distribution, of the
41	state's population. One member shall be designated by the
42	Governor as chair of the commission. Any vacancy that occurs on
43	the commission must be filled in the same manner as the original
44	appointment and shall be for the unexpired term of that
45	commission seat. Members shall be appointed to serve 4-year
46	terms, except that, initially, to provide for staggered terms,
47	the Governor, the President of the Senate, and the Speaker of
48	the House of Representatives shall each appoint one member to
49	serve a 2-year term, two members to serve 3-year terms, and two
50	members to serve 4-year terms. All subsequent appointments shall
51	be for 4-year terms. An appointee may not serve more than 8 6
52	years.
53	(b)  The first meeting of the commission shall be held no
54	later than December 1, 2005, and shall meet at the call of the
55	chair but not less frequently than three times per year in
56	different regions of the state to solicit input from the public
57	or any other individuals offering testimony relevant to the
58	issues to be considered.
59	(c)  Each member of the commission is entitled to one vote,
60	and actions of the commission are not binding unless taken by a
61	three-fifths vote of the members present. A majority of the
62	members is required to constitute a quorum, and the affirmative
63	vote of a quorum is required for a binding vote.
64	(d)  Members of the commission shall serve without
65	compensation but are shall be entitled to receive per diem and
66	travel expenses in accordance with s. 112.061 while in
67	performance of their duties.
68	(e)  A member of the commission may not, in the period
69	commencing with his or her appointment to the commission and
70	continuing for 2 years after termination of such appointment,
71	have an interest, direct or indirect, in any contract or other
72	benefit granted or awarded by the commission.
73	(4)  POWERS AND DUTIES.--The commission shall:
74	(a)  Annually Conduct a process through which the
75	commission envisions the future for the state and then develops
76	and recommends policies, plans, action steps, or strategies to
77	assist in achieving the vision.
78	(b)  Continuously review and consider statutory and
79	regulatory provisions, governmental processes, and societal and
80	economic trends in its inquiry of how state, regional, and local
81	governments and entities and citizens of this state can best
82	accommodate projected increased populations while maintaining
83	the natural, historical, cultural, and manmade life qualities
84	that best represent the state.
85	(c)  Bring together people representing varied interests to
86	develop a shared image of the state and its developed and
87	natural areas. The process should involve exploring the impact
88	of the estimated population increase and other emerging trends
89	and issues; creating a vision for the future; and developing a
90	strategic action plan to achieve that vision using 25-year and
91	50-year intermediate planning timeframes.
92	(d)  Focus on essential state interests, defined as those
93	interests that transcend local or regional boundaries and are
94	most appropriately conserved, protected, and promoted at the
95	state level.
96	(e)  Serve as an objective, nonpartisan repository of
97	exemplary community-building ideas and as a source to recommend
98	strategies and practices to assist others in working
99	collaboratively to problem solve on issues relating to growth
100	management.
101	(f)  Annually, on beginning January 16, 2007, and every
102	year thereafter on the same date, provide to the Governor, the
103	President of the Senate, and the Speaker of the House of
104	Representatives a written report containing specific
105	recommendations for addressing growth management in the state,
106	including executive and legislative recommendations. Further,
107	the report must shall contain discussions regarding the need for
108	intergovernmental cooperation and the balancing of environmental
109	protection and future development and recommendations on issues,
110	including, but not limited to, recommendations regarding
111	dedicated sources of funding for sewer facilities, water supply
112	and quality, transportation facilities that are not adequately
113	addressed by the Strategic Intermodal System, and educational
114	infrastructure to support existing development and projected
115	population growth.
116	(g)  Create and dissolve advisory committees or similar
117	organizations as necessary in order to carry out the mission of
118	the commission.
119	(h)  Enter into contracts to receive and accept grants and
120	contributions from any source, which shall be used to further
121	the mission of the commission.
122	(i)  Prepare and submit a budget under chapter 216.
123	(g)
124
125	Beginning with the 2007 Regular Session of the Legislature, the
126	President of the Senate and the Speaker of the House of
127	Representatives shall create a joint select committee, the task
128	of which shall be to review the findings and recommendations of
129	the Century Commission for a Sustainable Florida for potential
130	action.
131	(5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
132	(a)  The commission shall appoint an executive director who
133	shall serve under the direction, supervision, and control of the
134	commission. The commission shall have complete authority for
135	fixing the salary of the executive director. The commission is
136	assigned to the Office of Legislative Services for purposes of
137	administration and fiscal accountability, but the commission
138	shall otherwise function independently. The executive director,
139	with the consent of the commission and within budgetary
140	limitations, shall employ staff as necessary to adequately
141	perform the functions of the commission. The Secretary of
142	Community Affairs shall select an executive director of the
143	commission, and the executive director shall serve at the
144	pleasure of the secretary under the supervision and control of
145	the commission.
146	(b)  The Office of Legislative Services Department of
147	Community Affairs shall provide staff and other resources
148	necessary to accomplish the goals of the commission based upon
149	recommendations of the Legislature Governor.
150	(c)  All agencies under the control of the Governor are
151	directed, and all other agencies are requested, to render
152	assistance to, and cooperate with, the commission.
153	Section 2.  The three additional appointments to the
154	Century Commission for a Sustainable Florida required by section
155	1 of this act shall be made by October 1, 2007.
156	Section 3.  Paragraph (d) of subsection (1) of section
157	201.15, Florida Statutes, as amended by section 22 of chapter
158	2006-1, section 2 of chapter 2006-185, and section 2 of chapter
159	2006-231, Laws of Florida, is amended to read:
160	201.15  Distribution of taxes collected.--All taxes
161	collected under this chapter shall be distributed as follows and
162	shall be subject to the service charge imposed in s. 215.20(1),
163	except that such service charge shall not be levied against any
164	portion of taxes pledged to debt service on bonds to the extent
165	that the amount of the service charge is required to pay any
166	amounts relating to the bonds:
167	(1)  Sixty-two and sixty-three hundredths percent of the
168	remaining taxes collected under this chapter shall be used for
169	the following purposes:
170	(d)  The remainder of the moneys distributed under this
171	subsection, after the required payments under paragraphs (a),
172	(b), and (c), shall be paid into the State Treasury to the
173	credit of:
174	1.  The State Transportation Trust Fund in the Department
175	of Transportation in the amount of $541.75 million in each
176	fiscal year, to be paid in quarterly installments and used for
177	the following specified purposes, notwithstanding any other law
178	to the contrary:
179	a.  For the purposes of capital funding for the New Starts
180	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
181	specified in s. 341.051, 10 percent of these funds;
182	b.  For the purposes of the Small County Outreach Program
183	specified in s. 339.2818, 5 percent of these funds;
184	c.  For the purposes of the Strategic Intermodal System
185	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
186	of these funds after allocating for the New Starts Transit
187	Program described in sub-subparagraph a. and the Small County
188	Outreach Program described in sub-subparagraph b.; and
189	d.  For the purposes of the Transportation Regional
190	Incentive Program specified in s. 339.2819, 25 percent of these
191	funds after allocating for the New Starts Transit Program
192	described in sub-subparagraph a. and the Small County Outreach
193	Program described in sub-subparagraph b.
194	2.  The Water Protection and Sustainability Program Trust
195	Fund in the Department of Environmental Protection in the amount
196	of $100 million in each fiscal year, to be paid in quarterly
197	installments and used as required by s. 403.890.
198	3.  The Public Education Capital Outlay and Debt Service
199	Trust Fund in the Department of Education in the amount of $105
200	million in each fiscal year, to be paid in monthly installments
201	with $75 million used to fund the Classrooms for Kids Program
202	created in s. 1013.735, and $30 million to be used to fund the
203	High Growth County District Capital Outlay Assistance Grant
204	Program created in s. 1013.738. If required, new facilities
205	constructed under the Classrooms for Kids Program must meet the
206	requirements of s. 1013.372.
207	4.  The Grants and Donations Trust Fund in the Department
208	of Community Affairs in the amount of $3.55 $3.25 million in
209	each fiscal year to be paid in monthly installments, with $3
210	million to be used to fund technical assistance to local
211	governments and school boards on the requirements and
212	implementation of this act and $550,000 $250,000 to be used to
213	fund the Century Commission established in s. 163.3247.
214
215	Moneys distributed pursuant to this paragraph may not be pledged
216	for debt service unless such pledge is approved by referendum of
217	the voters.
218	Section 4.  The sum of $300,000 in recurring funds is
219	appropriated to the Century Commission for a Sustainable Florida
220	for the purpose of paying salaries and other administrative
221	expenses of the commission which are necessary to carry out the
222	provisions of s. 163.3247, Florida Statutes, as amended by this
223	act, during the 2007-2008 fiscal year.
224	Section 5.  This act shall take effect July 1, 2007.

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