November 26, 2020
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_h1865__
HB 1865

1
A bill to be entitled
2An act relating to growth management incentives; providing
3for a pilot project on regional growth management
4strategies and solutions; providing a popular name;
5providing legislative intent; providing definitions;
6creating the Regional Planning Area Governing Board;
7providing for membership; requiring the Legislature to
8appropriate moneys to the Department of Community Affairs
9for a pilot project to be used in regional planning areas
10for certain purposes; providing criteria; providing for
11designation by the Governor of regional planning areas;
12providing application requirements and procedures for
13designation; requiring the Governor to designate by
14Executive Order five regional planning areas by a time
15certain; providing requirements; requiring regional task
16forces to submit a report to the governing board;
17providing report requirements; requiring the governing
18board to review and rank project requests and post notice
19of certain funding awards; requiring approved projects to
20be under contract by a time certain; specifying project
21eligibility criteria; providing criteria for priority
22incentive funding ranking of projects; requiring the
23governing board to submit a report after award of certain
24funds for the pilot project; providing report
25requirements; providing for abolition of the governing
26board; providing an appropriation; creating s. 163.3247,
27F.S.; providing a popular name; providing legislative
28findings and intent; creating the Century Commission for
29certain purposes; providing for appointment of commission
30members; providing for terms; providing for meetings and
31votes of members; requiring members to serve without
32compensation; providing for per diem and travel expenses;
33providing powers and duties of the commission; requiring
34the creation of a joint select committee of the
35Legislature; providing purposes; requiring the Secretary
36of Community Affairs to select an executive director of
37the commission; requiring the Department of Community
38Affairs to provide staff for the commission; providing for
39other agency staff support for the commission; providing
40an appropriation; providing effective dates.
41
42     WHEREAS, the Legislature finds and declares that the
43state's population has increased by approximately 3 million
44individuals each decade since 1970 to nearly 16 million
45individuals in 2000, and
46     WHEREAS, increased populations have resulted in greater
47density concentrations in many areas around the state and in
48growth issues that increasingly overlap multiple local
49government jurisdictional and state agency district boundaries,
50and
51     WHEREAS, consequently, the Legislature determines it is in
52the best interests of the people of the state to undertake
53action to address these issues in two steps, and
54     WHEREAS, the Legislature will earmark certain funds in the
552005-2006 fiscal year to provide incentives for regional growth
56management strategies and solutions that look beyond
57jurisdictional borders to solve mutual problems addressing
58educational infrastructure to support existing development and
59projected growth, the adequacy of transportation facilities not
60adequately addressed by the Strategic Intermodal System, and
61water supply and quality.
62     WHEREAS, the Legislature will establish a standing
63commission tasked with helping Floridians envision and plan
64their collective future with an eye towards both 20-year and 50-
65year horizons, NOW, THEREFORE,
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Pilot project on incentives for regional growth
70management 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
74certain funds appropriated in the 2005-2006 fiscal year to
75provide incentives for regional growth management strategies and
76solutions that look beyond jurisdictional borders to solve
77mutual problems addressing educational infrastructure to support
78existing development and projected growth, the adequacy of
79transportation facilities not sufficiently addressed by the
80Strategic 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
83for decisions of the regional entity seeking designation of a
84regional planning area.
85     (b)  "Governing board" means the Regional Planning Area
86Governing Board.
87     (c)  "Regional entity" means any multijurisdictional
88planning entity or entities collaborating to address
89multijurisdictional growth management issues.
90     (d)  "Regional planning area" means one of five areas so
91designated by a detailed boundary description in an executive
92order creating such an area pursuant to this act.
93     (e)  "Regional task force" means the entity designated in
94an executive order designating a regional planning area.
95     (f)  "Statewide or regionally significant issues" means
96those issues that transcend jurisdictional boundaries and are
97most appropriately addressed, protected, and promoted at a
98regional level.
99     (4)  REGIONAL PLANNING AREA GOVERNING BOARD.--The Regional
100Planning Area Governing Board is created and shall consist of
101the Secretary of Transportation, the Commissioner of Education,
102and the members of the governing board of the Florida
103Communities Trust, as created in s. 380.508, Florida Statutes.
104The Secretary of Community Affairs shall serve as the chair of
105the Regional Planning Area Governing Board.
106     (5)  PILOT PROJECT.--The Legislature shall appropriate to
107the Department of Community Affairs, by earmarking as incentive
108funds for a pilot project, fixed capital outlay from funds in
109the fiscal year 2005-2006 General Appropriations Act to be used
110in five regional planning areas to provide incentives for
111regional solutions and strategies addressing statewide or
112regionally significant issues regarding one or more of the
113following:
114     (a)  Educational infrastructure to support existing
115development and projected population growth;
116     (b)  The adequacy of transportation facilities not
117sufficiently addressed by the Strategic Intermodal System; or
118     (c)  Water supply or quality.
119
120These incentive funds shall be awarded through a competitive
121process based upon a priority ranking determined by the
122governing board pursuant to criteria specified in this section.
123All communications to the governing board regarding any request
124under consideration shall be in writing mailed or delivered to
125the director of the Division of Housing and Community
126Development of the Department of Community Affairs for
127distribution to all governing board members.
128     (6)  REGIONAL PLANNING AREA DESIGNATION REQUEST.--Any
129regional entity may apply to the Governor to have an area
130designated as a regional planning area by August 1, 2005. The
131application shall include:
132     (a)  A detailed boundary description for the proposed
133regional planning area.
134     (b)  A detailed description of the specific statewide or
135regionally significant issue or issues to be addressed within
136the proposed regional planning area. The description should
137include as much detail and supporting information as necessary
138to assist in the understanding of the issue, the issue's
139importance to the region or state, the issue's potential for
140resolution, and the likelihood of creating regional, solution-
141based, partnerships.
142     (c)  Identification of the coalition partners represented
143by the regional entity, with contact names and information.
144     (d)  Identification of the decisionmaking board of the
145regional entity, including names and contact information of the
146board members. This information should also include
147qualifications and background of the board members.
148     (e)  The charter purpose of the regional entity and
149supporting information to assist in understanding how the
150regional entity addresses and is involved with the statewide or
151regionally significant issue. A regional planning council, as
152created under chapter 186, Florida Statutes, shall not be
153required to include a charter purpose, but shall include any
154other information required herein.
155     (f)  Identification of entities and individuals, including
156contact names and information, that will need to participate and
157coordinate in the generation of proposed regional solutions or
158strategies to ensure successful implementation.
159     (g)  Other descriptions or information as necessary to
160support the request for designation.
161     (h)  Any other relevant information requested by the
162Executive Office of the Governor during consideration of the
163request.
164     (7)  DESIGNATION BY THE GOVERNOR.--By Executive Order, the
165Governor shall designate five regional planning areas by October
1661, 2005, giving due consideration to the equitable distribution
167of these areas throughout the state. Each executive order shall
168include the following details:
169     (a)  The name and a detailed boundary description of the
170specific regional planning area as included in the regional
171entity's request.
172     (b)  A detailed listing of the specific issues which are to
173be addressed by the regional planning area.
174     (c)  Designation of the regional task force as proposed in
175the request for designation as the entity responsible for
176submitting the report and funding requests as provided in this
177section.
178     (8)  REPORT OF THE REGIONAL PLANNING AREAS AND REQUEST TO
179THE GOVERNING BOARD.--
180     (a)  By August 31, 2006, each regional task force of the
181designated regional planning areas shall deliver to the
182governing board a report detailing the process and results of
183research and other efforts relating to solutions or strategies
184to address or resolve the statewide or regionally significant
185issues designated in the Executive Order. The report delivered
186to the governing board shall be accompanied by all supporting
187materials and information that the regional task force wishes
188the governing board to consider in relation to the funding
189requests.
190     (b)  The report must, in addition to the information
191required in paragraph (a), include:
192     1.  A prioritized listing of projects for which incentive
193funding is being requested. Project requests for funding
194consideration may be bundled or requested individually and
195should be identified as such in the request. All projects must
196provide solutions or strategies to the specific statewide or
197regionally significant issues detailed in the executive order
198that 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
202identification of the matching funds. The proposed solution and
203cost estimates shall be financially feasible and based upon
204current scientific, economic, demographic, and financial
205information.
206     2.  An action plan that lists and describes all actions
207necessary to implement each prioritized project.
208     3.  A detailed description of how each prioritized project
209meets or exceeds the eligibility requirements.
210     4.  A detailed description of how each prioritized project
211addresses each of the relevant priority ranking criteria and a
212detailed explanation of how or why a particular ranking
213criterion does not apply.
214     (9)  GOVERNING BOARD REVIEW, RANKING, AND AWARD.--The
215governing board shall review and rank, pursuant to the criteria
216provided in this section, the project requests and post a notice
217for award of the regional planning area funds by October 15,
2182006. All actions of the governing board shall be by majority
219vote of the members.
220     (10)  CONTRACTING.--All regional planning area projects
221approved for funding shall be under contract by January 31,
2222007, duly executed between the Department of Community Affairs
223and the regional task force of the regional entity.
224     (11)  ELIGIBILITY CRITERIA.--Eligible projects shall meet
225or exceed the following criteria which shall be described in
226detail in the report:
227     (a)  Propose a regional strategy or solution, based upon
228current scientific, economic, demographic, and financial
229information that includes specific actions to resolve current,
230or prevent future, problems identified with one or more of the
231statewide or regionally significant priority issues.
232     (b)  Propose a solution or strategy that is consistent with
233or supports the region's character and future vision.
234     (c)  Provide a funding proposal that includes the
235appropriate use of state fixed capital outlay funds pursuant to
236chapter 216, Florida Statutes, and a match of not less than 50
237percent from local and private funds. The funding proposal
238should be financially feasible and include sufficient evidence
239of available matching funds.
240     (d)  Provide an achievable action plan including evidence
241of support or commitment from participating individuals or
242entities.
243     (12)  PRIORITY RANKING CRITERIA.--An eligible regional
244strategy or solution shall receive priority incentive funding
245consideration by the governing board to the extent the strategy
246or solution:
247     (a)  Reduces an infrastructure backlog or provides
248infrastructure to address one or more of the statewide or
249regionally significant priority issues.
250     (b)  Promotes efficient land use and use of existing and
251planned infrastructure.
252     (c)  Provides an opportunity to correct existing, or avoid
253future, inefficient land use patterns.
254     (d)  Provides solutions or strategies to one or more of the
255statewide or regionally significant priority issues in more than
256one jurisdiction.
257     (e)  Combines solutions, strategies, and funding requests
258across regional boundaries.
259     (f)  Provides for the implementation of amendments to
260affected comprehensive plans and land development regulations
261necessary to effectuate the project within a reasonable
262timeframe.
263     (g)  Provides an opportunity to address or reduce the level
264of threat to significant natural resources resulting from growth
265and development pressures.
266     (h)  Provides for public participation in the visioning or
267other processes that led up to the submittal of the report and
268project incentive funding requests.
269     (i)  Furthers collaborative, innovative, or creative cross
270jurisdictional efforts to solve statewide or regionally
271significant issues.
272     (j)  Integrates, supports, or furthers elements of the
273affected local or other comprehensive plan or plans.
274     (k)  Provides for collaboration with relevant federal,
275state, 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
279efficient and effective data information collection, analysis,
280utilization, and sharing.
281     (13)  REPORTING.--Following the award of all incentive
282funds appropriated for the pilot project, the governing board
283shall deliver a final report to the Governor, the President of
284the Senate, and the Speaker of the House of Representatives. The
285final report shall include a description of the process used in
286reviewing and ranking the proposed projects; a description of
287the proposals received and selected and any other information
288that would assist in the understanding of how this phase of the
289pilot program functioned; and constructive ideas or comments on
290how the program could be improved if continued. Additionally,
291the regional task force of each regional planning area shall
292deliver a final report to the Governor, the President of the
293Senate, the Speaker of the House of Representatives, and the
294Secretary of the Department of Community Affairs detailing the
295specific projects funded, their completion, challenges and
296successes, and any recommendations for future efforts of this
297type.
298     (14)  ABOLITION.--The governing board is abolished and this
299section expires after the delivery of the report required in
300subsection (13).
301     Section 2.  Effective July 1, 2005, the sum of $200,000 is
302appropriated to the Department of Community Affairs in
303nonrecurring General Revenue to fund the staffing and other
304costs associated with the pilot project created in section 1 of
305this act.
306     Section 3.  Section 163.3247, Florida Statutes, is created
307to 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
312declares that the population of this state is expected to more
313than double over the next 100 years, with commensurate impacts
314to the state's natural resources and public infrastructure.
315Consequently, it is in the best interests of the people of the
316state to ensure sound planning for the proper placement of this
317growth and protection of the state's land, water, and other
318natural resources since such resources are essential to our
319collective quality of life and a strong economy. The state's
320growth management system should foster economic stability
321through regional solutions and strategies, urban renewal and
322infill, and the continued viability of agricultural economies,
323while allowing for rural economic development and protecting the
324unique characteristics of rural areas, and should reduce the
325complexity of the regulatory process while carrying out the
326intent of the laws and encouraging greater citizen
327participation.
328     (3)  CENTURY COMMISSION; CREATION; ORGANIZATION.--The
329Century Commission is created as a standing body to help the
330citizens of this state envision and plan their collective future
331with an eye towards both 20-year and 50-year horizons.
332     (a)  The commission shall consist of nine members, three
333appointed by the Governor, three appointed by the President of
334the Senate, and three appointed by the Speaker of the House of
335Representatives. Appointments shall be made no later than
336October 1, 2005. One member shall be designated by the Governor
337as chair of the commission. Any vacancy that occurs on the
338commission must be filled in the same manner as the original
339appointment and shall be for the unexpired term of that
340commission seat. Members shall serve 4-year terms, except that,
341initially, to provide for staggered terms, three of the
342appointees, one each by the Governor, the President of the
343Senate, and the Speaker of the House of Representatives, shall
344serve 2-year terms, three shall serve 4-year terms, and three
345shall serve 6-year terms. All subsequent appointments shall be
346for 4-year terms. An appointee may not serve more than 6 years.
347     (b)  The first meeting of the commission shall be held no
348later than December 1, 2005, and shall meet at the call of the
349chair but not less frequently than three times per year in
350different regions of the state to solicit input from the public
351or any other individuals offering testimony relevant to the
352issues to be considered.
353     (c)  Each member of the commission is entitled to one vote
354and action of the commission is not binding unless taken by a
355three-fifths vote of the members present. A majority of the
356members is required to constitute a quorum, and the affirmative
357vote of a quorum is required for a binding vote.
358     (d)  Members of the commission shall serve without
359compensation but shall be entitled to receive per diem and
360travel expenses in accordance with s. 112.061 while in
361performance of their duties.
362     (4)  POWERS AND DUTIES.--The commission shall:
363     (a)  Annually conduct a process through which the
364commission envisions the future for the state, and then develops
365and recommends policies, plans, action steps, or strategies to
366assist in achieving the vision.
367     (b)  Continuously review and consider statutory and
368regulatory provisions, governmental processes, and societal and
369economic trends in its inquiry of how state, regional, and local
370governments and entities and citizens of this state can best
371accommodate projected increased populations while maintaining
372the natural, historical, cultural, and manmade life qualities
373that best represent the state.
374     (c)  Bring together people representing varied interests to
375develop a shared image of the state and its developed and
376natural areas. The process should involve exploring the impact
377of the estimated population increase and other emerging trends
378and issues; creating a vision for the future; and developing a
379strategic action plan to achieve that vision using 20-year and
38050-year intermediate planning timeframes.
381     (d)  Focus on essential state interests, defined as those
382interests that transcend local or regional boundaries and are
383most appropriately conserved, protected, and promoted at the
384state level.
385     (e)  Serve as an objective, nonpartisan repository of
386exemplary community-building ideas and as a source to recommend
387strategies and practices to assist others in working
388collaboratively to problem solve on issues relating to growth
389management.
390     (f)  Annually, beginning January 15, 2007, and every year
391thereafter on the same date, provide to the Governor, the
392President of the Senate, and the Speaker of the House of
393Representatives a written report containing specific
394recommendations for addressing growth management in the state,
395including executive and legislative recommendations. This report
396shall be verbally presented to a joint session of both houses
397annually as scheduled by the President of the Senate and the
398Speaker of the House of Representatives.
399     (g)  Beginning with the 2007 Regular Session of the
400Legislature, the President of the Senate and Speaker of the
401House of Representatives shall create a joint select committee,
402the task of which shall be to review the findings and
403recommendations 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
406executive director of the commission, and the executive director
407shall serve at the pleasure of the secretary under the
408supervision and control of the commission.
409     (b)  The Department of Community Affairs shall provide
410staff and other resources necessary to accomplish the goals of
411the commission based upon recommendations of the Governor.
412     (c)  All agencies under the control of the Governor are
413directed, and all other agencies are requested, to render
414assistance to, and cooperate with, the commission.
415     Section 4.  Effective July 1, 2005, the sum of $250,000 is
416appropriated from the General Revenue Fund to the Department of
417Community Affairs to provide the necessary staff and other
418assistance to the Century Commission required by s. 163.3247,
419Florida Statutes, as created by this act.
420     Section 5.  Except as otherwise provided herein, this act
421shall take effect upon becoming a law.


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