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Senate Bill 2554

Senate Bill sb2554

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2554

    By Senator Geller





    31-1880-04

  1                      A bill to be entitled

  2         An act relating to the 2005 Smart Growth

  3         Management Commission; creating the commission;

  4         providing for its membership and requirements

  5         for voting; providing for appointments by the

  6         Governor, the President of the Senate, and the

  7         Speaker of the House of Representatives;

  8         requiring the Secretary of Transportation, the

  9         Secretary of Community Affairs, the Secretary

10         of Environmental Protection, and the

11         Commissioner of Agriculture or their designees

12         to serve as ex officio nonvoting members;

13         requiring the commission to review the state's

14         growth management programs and laws and make

15         recommendations; requiring public hearings;

16         requiring the Department of Community Affairs

17         to provide staff support; providing an

18         appropriation; providing an effective date.

19  

20         WHEREAS, the management of population and economic

21  growth is critical to the quality and life and protection of

22  Florida's irreplaceable natural resources, which are of great

23  importance to all residents, and

24         WHEREAS, the Florida Legislature enacted laws in 1972,

25  1975, and 1985 to effectively manage growth and development,

26  and

27         WHEREAS, current growth patterns have resulted in

28  crowded schools and roads, inadequate funds to provide for

29  needed infrastructure, and increasing threats and damage to

30  our unique natural areas, and

31  

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    Florida Senate - 2004                                  SB 2554
    31-1880-04




 1         WHEREAS, the valuable and necessary role of the public

 2  in working with elected and appointed bodies to manage growth

 3  has become increasingly more difficult due to time

 4  constraints, costs, and legal complexities, and

 5         WHEREAS, the Legislature has regularly convened study

 6  commissions to review, examine, and make recommendations for

 7  improving the effectiveness of growth management programs at

 8  local, state, and regional levels of government, and

 9         WHEREAS, the Legislature is not satisfied to continue

10  the pattern of piecemeal revisions to existing growth

11  management programs and believes a new direction for managing

12  growth must be in place as Florida assumes its position as the

13  nation's third-largest state within the next 15 years, and

14         WHEREAS, the Legislature sees a need to convene an

15  informed body to comprehensively review alternatives to better

16  manage the state's projected growth while effectively

17  addressing the impacts of existing development not currently

18  being addressed, NOW, THEREFORE,

19  

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

21  

22         Section 1.  (1)  The 2005 Smart Growth Study Commission

23  is created.  The commission shall be composed of 15 voting

24  members, five appointed by the Governor, five appointed by the

25  President of the Senate, and five appointed by the Speaker of

26  the House of Representatives.  The Governor shall select a

27  chair from his or her appointees, but the chair shall vote

28  only in case of a tie vote.  The secretaries of the Department

29  of Transportation, the Department of Community Affairs, and

30  the Department of Environmental Protection and the

31  Commissioner of Agriculture, or their designees, shall serve

                                  2

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    Florida Senate - 2004                                  SB 2554
    31-1880-04




 1  as nonvoting ex officio members of the commission.  In

 2  addition, the President of the Senate and the Speaker of the

 3  House of Representatives shall each appoint two members from

 4  their respective chambers to serve on the commission as

 5  nonvoting ex officio members.

 6         (2)  Initial appointments shall be made by July 1,

 7  2004, and the first meeting of the commission shall be held by

 8  September 1, 2004.  Any vacancy shall be filled in the same

 9  manner as the original appointment.  The Governor's

10  appointments shall include one representative from each of the

11  following categories:

12         (a)  Business interests, including development and real

13  estate;

14         (b)  Agricultural interests, including farming,

15  aquaculture, ranching, and forestry;

16         (c)  Local and regional governments;

17         (d)  Environmental interests, including nonprofit

18  organizations that promote conservation or protection of

19  natural resources; and

20         (e)  Citizen organizations, including community

21  associations, citizen groups, and affordable housing groups.

22  

23  The appointments of voting members by the President of the

24  Senate and the Speaker of the House of Representatives must

25  also include one representative from each of the categories in

26  paragraphs (a)-(e).

27         (3)  Each commission member is entitled to one vote

28  unless otherwise specified in this section. Action of the

29  commission requires a two-thirds vote of the voting members

30  present. Action may not be taken if fewer than a majority of

31  all voting members are present.

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    Florida Senate - 2004                                  SB 2554
    31-1880-04




 1         (4)  The commission shall review the implementation of

 2  the state's growth management programs and laws, including,

 3  but not limited to, chapters 163, 186, 187 and 380, Florida

 4  Statutes, for the purpose of making specific recommendations

 5  relating to:

 6         (a)  Determining methods to substantially improve,

 7  modify, or replace the current system of controls and

 8  incentives for managing growth with alternatives that have a

 9  higher likelihood of significantly improving the management of

10  growth;

11         (b)  Implementing programs that provide necessary

12  incentives, including financial incentives, to promote and

13  encourage the redevelopment, improvement and, where

14  appropriate, infill of existing developed areas;

15         (c)  Determining the most appropriate agency,

16  combination of agencies, or the creation of a new agency to

17  effectively implement a partnership and appropriate oversight

18  role with local and regional governments;

19         (d)  Enhancing the ability of state residents to more

20  readily and at less cost participate at all levels of

21  decisionmaking involving growth management;

22         (e)  Providing development interests with necessary

23  certainty regarding where, when, and how development will be

24  encouraged and promoted;

25         (f)  Providing coordination, incentives, and funding

26  programs that jointly share, among state, regional, and local

27  government entities, the responsibility for relieving the

28  crowded conditions in the state's schools, easing the

29  congestion on highways in the state, and protecting the

30  state's natural resources; and

31  

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    Florida Senate - 2004                                  SB 2554
    31-1880-04




 1         (g)  Maintaining existing private property rights in a

 2  growing economy so that all sectors of the state's economy

 3  share in an improved quality of life.

 4         (5)  The commission shall hold at least eight public

 5  hearings, conducted every 60 days, at different locations

 6  throughout the state.  At each hearing the commission shall

 7  solicit and receive input from the public and interest groups,

 8  with particular attention to suggestions for how local, state,

 9  and regional agencies and governments can better coordinate

10  growth-management programs.

11         (6)  By December 1, 2005, the commission shall provide

12  to the Governor, the President of the Senate, and the Speaker

13  of the House of Representatives, a report with specific

14  recommendations concerning all issues identified in paragraphs

15  (4)(a)-(g). The Department of Community Affairs shall prepare

16  legislative recommendations consistent with the commission's

17  report for consideration by the 2006 Legislature.

18         (7)  The commission may appoint technical advisory

19  committees. Committee members are entitled to reimbursement

20  for per diem and travel expenses as provided in section

21  112.061, Florida Statutes.

22         (8)  The commission may appoint an executive director,

23  who shall report to the commission and serve at its pleasure.

24  The Department of Community Affairs shall provide the

25  commission and the executive director with staff assistance.

26  The department may, upon the request of the commission,

27  reimburse consultants if such costs can be funded from the

28  appropriation provided for in this act.

29         (9)  Commission members are entitled to reimbursement

30  for per diem and travel expenses, as provided in section

31  

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    Florida Senate - 2004                                  SB 2554
    31-1880-04




 1  112.061, Florida Statutes, while acting on behalf of the

 2  commission.

 3         Section 2.  The sum of $300,000 is appropriated from

 4  the General Revenue Fund to the Department of Community

 5  Affairs for the purpose of implementing this act.

 6         Section 3.  This act shall take effect upon becoming a

 7  law.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Creates the 2005 Smart Growth Management Commission.
      Specifies membership, duties, voting, and staffing.
12    Provides for appointments by the Governor, the President
      of the Senate, the Speaker of the House of
13    Representatives, the Secretary of Transportation, the
      Secretary of Community Affairs, the Secretary of
14    Environmental Protection, and the Commissioner of
      Agriculture. Requires public hearings. Requires the
15    Department of Community Affairs to provide staff support
      and prepare legislative recommendations consistent with
16    the commission's report.

17  

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                                  6

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