Florida Chapter, American Planning Association FAPA LEGISLATIVE REPORT
 In This Issue: January 24, 2003 
•   Update on the Department of State and Community Partnerships
•   Legislative Update
•   Governor Bush Unveils Executive Budget
•   FAPA Bill Tracking Report
•   2003 Pre-Session Overview
•   TEA-21 Update
 Update on the Department of State and Community Partnerships
On January 21, 2003, Lester Abberger and Sheri Coven met for a second time with Secretary Colleen Castille to discuss the merger of the Department of State and Department of Community Affairs (DCA) into the Department of State and Community Partnerships and the Governor's newly released budget. Ms. Castille stated that growth management remains a priority for the Governor and that the merger of the two agencies should not be construed otherwise. In addition, she stated that while the merger will result in the loss of 218 positions, only a few vacant positions would come from DCA's Division of Community Planning. She also stated that while all of the executive agencies are experiencing cuts in funding, the growth management programs remain funded, including $400,000 for technical assistance and $1.98 million for Regional Planning Councils.

Ms. Castille described the new agency structure. If approved by the Legislature, there will be four "divisions" under the Office of the Secretary. They are as follows: Elections, Corporations, Community Planning and Growth Management, and Community Assistance Grants. The latter category includes historical and cultural resources; library services, community development block grants; rural community development grants; Front Porch; Florida Communities Trust; the Recreational Trails Program; and the Florida Recreational Development Assistance Program. In addition, the Florida Housing Finance Corporation (FHFC) will maintain the same relationship with the new agency that it now enjoys with DCA. The FHFC will also assume responsibility for the Catalyst Program and the Affordable Housing Study Commission. Finally, there will continue to be an Emergency Management arm of the agency, however, the division head will report directly to the Governor.

While FAPA anticipates that there could be several bills proposing policy changes to growth management, with regard to the merger, the Governor wants a "clean" bill that deals only with agency structure. In fact, FAPA based on information received from the Governor’s staff, FAPA expects this to be a multi-year effort. As stated above, this year the Governor will seek a sponsor to file a bill that combines the two agencies and expresses his legislative intent and vision. Over the coming year, Secretary Castille and Mayor Glenda Hood are expected to organize and establish program and policy shifts that they deem necessary, which will brought before the 2004 Legislature for ratification. Val Hubbard, President-Elect and Chair of FAPA’ Legislative Policy Committee, offered FAPA’s assistance to the Governor’s staff and Secretary Castille in this regard. In return, they challenged FAPA to use its resources to determine what should be the proper role of the state, regions, and local government to ensure effective growth management in Florida, on which staff, the Executive Committee, and the Legislative Policy Committee will focus its efforts over the coming months.

The link below will take you to a portion of the Governor’s e-budget website that provides further information regarding the new Department of State and Community Partnerships along with a simple organizational chart. If your e-mail does not support the hyperlink, the web address is as follows: www.ebudget.state.fl.us/priorities/hottopics_dept_state.asp

Further Information on the New Agency

 Governor Bush Unveils Executive Budget
On January 22, 2003, Governor Jeb Bush announced his budget recommendations for Fiscal Year 2003-2004, recognizing that Florida is much better off than most of the nation, but also acknowledging in a tough budget year the state must focus on its key priorities.

"I'm proud that Florida is one of the few places in the country that will see increases in education, child welfare and services for the elderly. At the same time, cost pressures related to the constitutional amendments as well as a still recovering economy, will force us to make some very difficult choices," said Governor Bush. "What is perhaps most concerning is the bleak budget forecast brought upon us by the need to implement Amendment 9, high-speed rail and other voter-mandated initiatives beginning next year. With this in mind, today’s announcement represents my recommendations for the budget year, and I look forward to working with the Legislature on these issues in the coming months."

To see the full press release, click on the link below or go to the following web address: www.myflorida.com/myflorida/governorsoffice/ebudget_press_012103.html

Press Release

 2003 Pre-Session Overview
The budget outlook for FY 2003-04 is gloomy. The latest revenue projections show the state about $115 million in the hole based on last year's expenditures. This estimate is before taking into account the numerous constitutional amendments passed this fall (classroom size reduction, high-speed rail, and universal pre-kindergarten). As expected, the House has taken a more fiscally conservative approach, ruling out expanding revenue sources, instead focusing on cutting spending. The Senate leadership, however, has indicated they are willing to look at revenue sources, such as, eliminating tax exemptions, expanded gambling, and tax increases.

Legislative leaders have indicated some of the major issues to be addressed this upcoming Session.

Education continues to be a priority for Governor Bush and the legislature. After sweeping changes to the public school system last year, the legislature must revisit the issue to implement the changes passed by Florida voters last fall regarding state universities. According to recent study, state funding per pupil continues to lag behind the rest of the country.

Transportation infrastructure funding has been increasingly visible as a vital issue to Florida's counties and municipalities. With recent cuts in federal transportation dollars and the lack of funding for county incentive grant programs, local governments have been forced to compete for fewer and fewer dollars. Look for action this year to revamp state transportation grant programs.

Lawmakers will spend a good deal of time implementing Article V this year. This provision will turn over certain court funding responsibilities from counties to the state. There has been an indication from state lawmakers, however, that funding will come from current county revenue sharing.

Legislators must also begin to deal with the constitutional amendments, which passed this past fall. These amendments will be one of the major roadblocks in formulating the budget, because of a tight budget year and the billions of dollars class size reduction, high-speed rail, and universal pre-kindergarten programs will ultimately cost.

Source: Lester Abberger

 Legislative Update
This past week in Tallahassee was dedicated to budget meetings, where state agencies made presentations on budget overviews. The House appropriation committees are requiring agencies to rank each budget line item requested from top to bottom. It is evident that the Senate and House are already traveling down two separate budget paths.

The House is using a zero-base budgeting methodology, starting every item in the $50 billion budget at zero. This includes trust funds and recurring items. They have made it clear that no new revenue sources will be sought, instead focusing on reduced spending. The Senate, however, is entertaining the idea of expanding revenue sources, such as expanding legalized gambling. The Senate leadership has indicated that their budget will largely be based on the Governor's version. The legislature will be holding meetings on substantive issues next week.

Source: Lester Abberger

 FAPA Bill Tracking Report
The House and Senate bills filed to date that are of interest to FAPA are listed below.

HB 0065
Relating to Schools/Small School Requirement
Kottkamp
Schools/Small School Requirement; repeals provision re small school requirement; corrects cross references & conforms language. Repeals 1013.43; amends 1001.42, 1003.02. EFFECTIVE DATE: 07/01/2003.
1/13/2003 HOUSE Filed

SB 0140
Relating to Interlocal Cooperation Act of 1969
Argenziano
Interlocal Cooperation Act of 1969; requires notification of host government if separate legal entity seeks to acquire public facilities serving populations outside jurisdiction of members of separate legal entity; provides for host government to respond within specified period; provides that host government may not prohibit such acquisition if it fails to respond within specified period; provides certain limitations & for retroactive application, etc. Amends 163.01. EFFECTIVE DATE: Upon becoming law.
12/20/2002 SENATE Referred to Comprehensive Planning; Communication and Public Utilities; Governmental Oversight and Productivity; Commerce, Economic Opportunities, and Consumer Services

SB 0156
Relating to Water Resources
Campbell
Water Resources; provides for restrictions on sale or transfer of water rights; provides for restrictions on permits for consumptive use of water; provides for severability. Amends 373.1501; creates 373.255. EFFECTIVE DATE: Upon becoming law.
1/10/2003 SENATE Referred to Natural Resources; Agriculture; Commerce, Economic Opportunities, and Consumer Services; Appropriations Subcommittee on General Government; Appropriations

SB 0186
Relating to Secretary of State/Community Affairs
Geller
Secretary of State/Community Affairs; expresses Legislature's intent to enact legislation to transfer powers & duties of Community Affairs Dept. to Secretary of State. EFFECTIVE DATE: 07/01/2003.
1/21/2003 SENATE Referred to Comprehensive Planning; Governmental Oversight and Productivity; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0286
Relating to Planning for School Growth
Geller
Planning for School Growth; amends procedures for coordinating efforts of local planning agencies & school districts toward planning for school growth. Amends 163.3174, 1013.33. EFFECTIVE DATE: 07/01/2003.
1/16/2003 SENATE Referred to Comprehensive Planning; Education; Appropriations Subcommittee on Education; Appropriations

SB 0402
Relating to Community Affairs
Webster
Community Affairs; expresses legislative intent to revise laws re community affairs. EFFECTIVE DATE: Upon becoming law.
1/21/2003 SENATE Filed

SB 0416
Relating to Department of State
Webster
Department of State; expresses legislative intent to revise laws re Department of State. EFFECTIVE DATE: Upon becoming law.
1/21/2003 SENATE Filed

SB 0432
Relating to Redevelopment/County & Municipality
Geller
Redevelopment/County & Municipality; expresses Legislature's intent to enact legislation re redevelopment of counties & municipalities. EFFECTIVE DATE: 07/01/2003.
1/22/2003 SENATE Filed

SB 0434
Relating to Growth Management/Urban Services
Geller
Growth Management/Urban Services; expresses Legislature's intent to enact legislation re growth management & provision of urban services. EFFECTIVE DATE: 07/01/2003.
1/22/2003 SENATE Filed

REMINDER: Make plans to attend FAPA's Legislative Workshop, February 19-20, 2003, in Tallahassee. Click on the link below or go to www.floridaplanning.org/whats_new.htm#legis for registration information.

Legislative Conference Registration

 TEA-21 Update
Rep. Don Young (R-AK), Chair of the House Transportation and Infrastructure Committee, is floating a budget proposal for the upcoming TEA-21 reauthorization that would provide more than $300 billion for federal highway and transit programs in the next six years. To raise revenue for the highway trust fund, Chairman Young is considering several options. These include increasing the federal gasoline tax by two cents per gallon and eliminating the tax break for gasohol. He has also suggested indexing the gasoline tax for inflation.

According to sources at FDOT, it seems that the House of Representatives supports greater representation of the donor states. States receiving less than a 95% rate of return have more than 250 of the 435 Members in the House of Representatives. Furthermore, a new Web site has been created for the States' Highway Alliance for Real Equity (SHARE). SHARE is a group of states organized in an effort to improve the rate of return in highway program funds. The Web site includes background information, resources, legislative information, and the latest news regarding transportation equity and the process of reauthorizing the federal surface transportation statute. For more information click on the link below or go to: www.sharestates.org/

SHARE Website

Sheri Coven, Chief Administrative Officer
Florida Chapter of the American Planning Association
2040 Delta Way, Tallahassee, Florida 32301
850/201-FAPA (3272)
fapa@floridaplanning.org
 www.floridaplanning.org

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