Senate Bill sb0318c1

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    Florida Senate - 2007                            CS for SB 318

    By the Committee on Community Affairs; and Senator Bennett





    578-1917-07

  1                      A bill to be entitled

  2         An act relating to the Century Commission for a

  3         Sustainable Florida; amending s. 163.3247,

  4         F.S.; increasing the membership of the

  5         commission; revising provisions governing

  6         appointments to the commission by the Governor,

  7         the President of the Senate, and the Speaker of

  8         the House of Representatives; prohibiting a

  9         member of the commission from having certain

10         interests in contracts or benefits awarded by

11         the commission; providing for additional powers

12         and duties of the commission; revising

13         provisions concerning appointment and oversight

14         of the executive director of the commission;

15         transferring the commission to the Office of

16         Legislative Services for administrative

17         purposes; amending s. 201.15, F.S.; increasing

18         the appropriation to the commission of proceeds

19         from the excise tax on documents; providing a

20         continuing appropriation; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsections (3), (4), and (5) of section

26  163.3247, Florida Statutes, are amended to read:

27         163.3247  Century Commission for a Sustainable

28  Florida.--

29         (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;

30  CREATION; ORGANIZATION.--The Century Commission for a

31  Sustainable Florida is created as a standing body to help the

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    Florida Senate - 2007                            CS for SB 318
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 1  citizens of this state envision and plan their collective

 2  future with an eye towards both 25-year and 50-year horizons.

 3         (a)  The commission shall consist of 18 15 members, 6 5

 4  appointed by the Governor, 6 5 appointed by the President of

 5  the Senate, and 6 5 appointed by the Speaker of the House of

 6  Representatives. Appointments shall be made no later than

 7  October 1, 2005. The membership must represent local

 8  governments, school boards, developers and homebuilders, the

 9  business community, the agriculture community, the

10  environmental community, and other appropriate stakeholders.

11  In making the appointments, the Governor, the President of the

12  Senate, and the Speaker of the House of Representatives shall

13  ensure that the membership of the commission reflects the

14  racial, ethnic, and gender diversity, as well as the

15  geographic distribution, of the state's population. One member

16  shall be designated by the Governor as chair of the

17  commission. Any vacancy that occurs on the commission must be

18  filled in the same manner as the original appointment and

19  shall be for the unexpired term of that commission seat.

20  Members shall be appointed to serve 4-year terms, except that,

21  initially, to provide for staggered terms, the Governor, the

22  President of the Senate, and the Speaker of the House of

23  Representatives shall each appoint one member to serve a

24  2-year term, two members to serve 3-year terms, and two

25  members to serve 4-year terms. All subsequent appointments

26  shall be for 4-year terms. An appointee may not serve more

27  than 8 6 years.

28         (b)  The first meeting of the commission shall be held

29  no later than December 1, 2005, and shall meet at the call of

30  the chair but not less frequently than three times per year in

31  different regions of the state to solicit input from the

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    Florida Senate - 2007                            CS for SB 318
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 1  public or any other individuals offering testimony relevant to

 2  the issues to be considered.

 3         (c)  Each member of the commission is entitled to one

 4  vote, and actions of the commission are not binding unless

 5  taken by a three-fifths vote of the members present. A

 6  majority of the members is required to constitute a quorum,

 7  and the affirmative vote of a quorum is required for a binding

 8  vote.

 9         (d)  Members of the commission shall serve without

10  compensation but are shall be entitled to receive per diem and

11  travel expenses in accordance with s. 112.061 while in

12  performance of their duties.

13         (e)  A member of the commission may not, in the period

14  commencing with his or her appointment to the commission and

15  continuing for 2 years after termination of such appointment,

16  have an interest, direct or indirect, in any contract or other

17  benefit granted or awarded by the commission.

18         (4)  POWERS AND DUTIES.--The commission shall:

19         (a)  Annually Conduct a process through which the

20  commission envisions the future for the state and then

21  develops and recommends policies, plans, action steps, or

22  strategies to assist in achieving the vision.

23         (b)  Continuously review and consider statutory and

24  regulatory provisions, governmental processes, and societal

25  and economic trends in its inquiry of how state, regional, and

26  local governments and entities and citizens of this state can

27  best accommodate projected increased populations while

28  maintaining the natural, historical, cultural, and manmade

29  life qualities that best represent the state.

30         (c)  Bring together people representing varied

31  interests to develop a shared image of the state and its

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    Florida Senate - 2007                            CS for SB 318
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 1  developed and natural areas. The process should involve

 2  exploring the impact of the estimated population increase and

 3  other emerging trends and issues; creating a vision for the

 4  future; and developing a strategic action plan to achieve that

 5  vision using 25-year and 50-year intermediate planning

 6  timeframes.

 7         (d)  Focus on essential state interests, defined as

 8  those interests that transcend local or regional boundaries

 9  and are most appropriately conserved, protected, and promoted

10  at the state level.

11         (e)  Serve as an objective, nonpartisan repository of

12  exemplary community-building ideas and as a source to

13  recommend strategies and practices to assist others in working

14  collaboratively to problem solve on issues relating to growth

15  management.

16         (f)  Annually, on beginning January 16, 2007, and every

17  year thereafter on the same date, provide to the Governor, the

18  President of the Senate, and the Speaker of the House of

19  Representatives a written report containing specific

20  recommendations for addressing growth management in the state,

21  including executive and legislative recommendations. Further,

22  the report must shall contain discussions regarding the need

23  for intergovernmental cooperation and the balancing of

24  environmental protection and future development and

25  recommendations on issues, including, but not limited to,

26  recommendations regarding dedicated sources of funding for

27  sewer facilities, water supply and quality, transportation

28  facilities that are not adequately addressed by the Strategic

29  Intermodal System, and educational infrastructure to support

30  existing development and projected population growth.

31  

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    Florida Senate - 2007                            CS for SB 318
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 1         (g)  Create and dissolve advisory committees or similar

 2  organizations as necessary in order to carry out the mission

 3  of the commission.

 4         (h)  Enter into contracts to receive and accept grants

 5  and contributions from any source, which shall be used to

 6  further the mission of the commission.

 7         (i)  Prepare and submit a budget under chapter 216.

 8         (g)

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10  Beginning with the 2007 Regular Session of the Legislature,

11  the President of the Senate and the Speaker of the House of

12  Representatives shall create a joint select committee, the

13  task of which shall be to review the findings and

14  recommendations of the Century Commission for a Sustainable

15  Florida for potential action.

16         (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--

17         (a)  The commission shall appoint an executive director

18  who shall serve under the direction, supervision, and control

19  of the commission. The commission shall have complete

20  authority for fixing the salary of the executive director. The

21  commission is assigned to the Office of Legislative Services

22  for purposes of administration and fiscal accountability, but

23  the commission shall otherwise function independently.  The

24  executive director, with the consent of the commission and

25  within budgetary limitations, shall employ staff as necessary

26  to adequately perform the functions of the commission. The

27  Secretary of Community Affairs shall select an executive

28  director of the commission, and the executive director shall

29  serve at the pleasure of the secretary under the supervision

30  and control of the commission.

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    Florida Senate - 2007                            CS for SB 318
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 1         (b)  The Office of Legislative Services Department of

 2  Community Affairs shall provide staff and other resources

 3  necessary to accomplish the goals of the commission based upon

 4  recommendations of the Legislature Governor.

 5         (c)  All agencies under the control of the Governor are

 6  directed, and all other agencies are requested, to render

 7  assistance to, and cooperate with, the commission.

 8         Section 2.  The three additional appointments to the

 9  Century Commission for a Sustainable Florida required by

10  section 1 of this act shall be made by October 1, 2007.

11         Section 3.  Paragraph (d) of subsection (1) of section

12  201.15, Florida Statutes, as amended by section 22 of chapter

13  2006-1, section 2 of chapter 2006-185, and section 2 of

14  chapter 2006-231, Laws of Florida, is amended to read:

15         201.15  Distribution of taxes collected.--All taxes

16  collected under this chapter shall be distributed as follows

17  and shall be subject to the service charge imposed in s.

18  215.20(1), except that such service charge shall not be levied

19  against any portion of taxes pledged to debt service on bonds

20  to the extent that the amount of the service charge is

21  required to pay any amounts relating to the bonds:

22         (1)  Sixty-two and sixty-three hundredths percent of

23  the remaining taxes collected under this chapter shall be used

24  for the following purposes:

25         (d)  The remainder of the moneys distributed under this

26  subsection, after the required payments under paragraphs (a),

27  (b), and (c), shall be paid into the State Treasury to the

28  credit of:

29         1.  The State Transportation Trust Fund in the

30  Department of Transportation in the amount of $541.75 million

31  in each fiscal year, to be paid in quarterly installments and

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    Florida Senate - 2007                            CS for SB 318
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 1  used for the following specified purposes, notwithstanding any

 2  other law to the contrary:

 3         a.  For the purposes of capital funding for the New

 4  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309

 5  and specified in s. 341.051, 10 percent of these funds;

 6         b.  For the purposes of the Small County Outreach

 7  Program specified in s. 339.2818, 5 percent of these funds;

 8         c.  For the purposes of the Strategic Intermodal System

 9  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

10  percent of these funds after allocating for the New Starts

11  Transit Program described in sub-subparagraph a. and the Small

12  County Outreach Program described in sub-subparagraph b.; and

13         d.  For the purposes of the Transportation Regional

14  Incentive Program specified in s. 339.2819, 25 percent of

15  these funds after allocating for the New Starts Transit

16  Program described in sub-subparagraph a. and the Small County

17  Outreach Program described in sub-subparagraph b.

18         2.  The Water Protection and Sustainability Program

19  Trust Fund in the Department of Environmental Protection in

20  the amount of $100 million in each fiscal year, to be paid in

21  quarterly installments and used as required by s. 403.890.

22         3.  The Public Education Capital Outlay and Debt

23  Service Trust Fund in the Department of Education in the

24  amount of $105 million in each fiscal year, to be paid in

25  monthly installments with $75 million used to fund the

26  Classrooms for Kids Program created in s. 1013.735, and $30

27  million to be used to fund the High Growth County District

28  Capital Outlay Assistance Grant Program created in s.

29  1013.738. If required, new facilities constructed under the

30  Classrooms for Kids Program must meet the requirements of s.

31  1013.372.

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    Florida Senate - 2007                            CS for SB 318
    578-1917-07




 1         4.  The Grants and Donations Trust Fund in the

 2  Department of Community Affairs in the amount of $3.55 $3.25

 3  million in each fiscal year to be paid in monthly

 4  installments, with $3 million to be used to fund technical

 5  assistance to local governments and school boards on the

 6  requirements and implementation of this act and $550,000

 7  $250,000 to be used to fund the Century Commission established

 8  in s. 163.3247.

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10  Moneys distributed pursuant to this paragraph may not be

11  pledged for debt service unless such pledge is approved by

12  referendum of the voters.

13         Section 4.  The sum of $300,000 in recurring funds is

14  appropriated to the Century Commission for a Sustainable

15  Florida for the purpose of paying salaries and other

16  administrative expenses of the commission which are necessary

17  to carry out the provisions of s. 163.3247, Florida Statutes,

18  as amended by this act, during the 2007-2008 fiscal year.

19         Section 5.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                            CS for SB 318
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 318

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 4  The committee substitute (CS) deletes the term "corporate
    body" when referring to the Century Commission for a
 5  Sustainable Florida (commission). It assigns the commission to
    the Office of Legislative Services, instead of the Executive
 6  Office of the Governor. The Office of Legislative Services
    will provide staff and other resources to the commission based
 7  on the recommendations of the Legislature. The CS deletes an
    exemption from ch. 110, F.S., which governs state employment,
 8  for employees of the commission.

 9  This CS also revises the amount of recurring funds
    appropriated to the commission from $550,000 to $300,000. It
10  provides for the distribution of $550,000 in recurring funds
    to the Grants and Donations Trust Fund in the Department of
11  Community Affairs to be used to fund the commission. This
    $550,000 reflects the $250,000 in recurring funding the
12  commission received last year and the additional $300,000
    appropriated in this CS.
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