Monday, March 10, 2003 - FAPA Legislative Report

www.floridaplanning.org FAPA LEGISLATIVE REPORT
 In This Issue: March 10, 2003 
•   FAPA BILL TRACKING REPORT
•   STATE OF THE STATE DEMOCRATIC REBUTTAL
•   GOVERNOR APPOINTS NEW FLORIDA DOT SECRETARY
•   OTHER ITEMS OF INTEREST
•   GOVERNOR'S STATE OF THE STATE ADDRESS
•   FAPA LEGISLATIVE WORKSHOP SURVEY
 FAPA BILL TRACKING REPORT
The Legislature convened Tuesday, March 4, 2003. In order to have the required time at the end of each week to assess the week’s activities and obtain and compile the information necessary to produce this report, the FAPA legislative e-bulletin will be issued, at the very least, every other Monday. However, please keep in mind that the Bill Tracking Report is updated every few days. You do not need to wait for a copy of this legislative e-bulletin to check on the status of bills that are of interest to you. You may do so at any time by going to the FAPA website at www.floridaplanning.org and selecting the “Legislative Issues” tab or type in www.floridaplanning.org/legislative/legislative.htm. You may also check the status of a bill or review bill text and amendments from the Florida Legislature’s website at www.leg.state.fl.us. Please bookmark these sites for easy access.

BUDGET UPDATE

The respective chairs of the budget sub-committees indicated that they expect to receive allocations during the week of March 10th. The budget estimating conference is scheduled for today, where a reportedly dim forecast of state revenues will be projected for the legislature. The appropriation subs expect to receive allocations after the estimating conference, where the difficult task of prioritizing programs and making cuts begin in earnest.

LEGISLATIVE UPDATE

Most of bills filed to date that directly interest FAPA remain shell bills (i.e., they express the Legislature’s intent to revise Florida Statutes). Senator Geller’s bill, Senate Bill 434, which will address urban growth boundaries and infill development, is not yet in bill drafting. However, broad concepts for the bill are being discussed, such as a process for designation and approval of urban growth boundaries, identifying local government incentives, encouraging infill development, and discouraging development outside the urban growth boundary.

Senator Webster and Representative Zapata are expected to sponsor the Governor’s proposal to merge the Department of Community Affairs and the Department of State. The proposed statutory revisions are in bill drafting and we will obtain a draft copy from the Governor’s staff in advance of the March 14, 2003 FAPA Legislative Policy Committee and Executive Committee meetings. Governor’s Office staff confirmed today that the draft bill, which focuses on the shifting and moving of programs, does include policy intent language that reinforces the Governor’s commitment to good growth management. The Governor’s staff also pointed out that the merger is about communities, not cost savings, adding that the Governor’s transition team recognized the value of merging these community-based programs before cost issues became a factor. More on this will be forthcoming after the FAPA meetings on March 14th.

HB 993 by Representative Atkisson is also worthy of being closely monitored. This bill proposes repeal of the Florida Interlocal Cooperation Act (Section 163.01, F.S.), which has been the foundation for numerous agreements among local governments and between local governments and other entities dating back to 1969. It is cited in approximately 30 other statutes, including those statutes that grant the state land planning agency the authority to enter into agreements with local governments, those that authorize the creation of regional water supply authorities, and those that grant powers and duties to Regional Planning Councils. There is no Senate companion bill at this time.

Among the bills placed on Committee Agenda for this week are SB 728, Rural Lands Protection, scheduled in Senate Agriculture Committee on March 11th; HB 129, General Water and Wastewater Utility Facility, scheduled in House Energy Committee on March 11th; SB 1044, General Consumptive Uses of Water/Permitting, scheduled in Senate Comprehensive Planning on March 12th; and SB 1248, General Mandated Property Reform Task Force, also scheduled in Senate Comprehensive Planning on March 12th.

There are several bills filed related to the High Speed Rail, school growth, phosphate mining, water resources, water policy, annexation, land acquisition, regional transportation authorities, metropolitan planning organizations, and comprehensive planning, some of which have been referred to committee while others await referral.

Recently filed bills include HB 1307 by Mayfield and an identical companion, SB 1450 by Bennett, which are related to emergency communications. The bills include language, which states that a wireless telecommunications facility located on any state or local government property or facility is not subject to local zoning regulation. The proposal also states that any wireless communications facility that is collocated on an existing facility shall also not be subject to local zoning regulation and that an existing wireless communications facility’s pole height may be increased by 10% of the original permitted height without the increase being subject to local zoning control. The Florida League of Cities strongly opposes these provisions and is urging that they be rejected.

Another newly filed set of bills are HB 1473 by Representative Benson and SB 2070 by Senator Sebesta, which propose the creation of a Florida Public Transit Act. If passed, the bills would require the Florida Department of Transportation to develop a statewide plan, which provides for public transit and intercity bus service, including the formulation of a specific program of projects and project financing and development of state measures concerning system performance. The bill would also require the use of some of Florida DOT’s federal dollars to support a statewide intercity bus network, including public transit block grant program funds. The Florida DOT and Florida Transit Association are analyzing the bills and have yet to take a position on them.

We will continue to keep you up to date on the progress of all of these bills and apprised of developments as they arise.

--Lester Abberger, FAPA Legislative Representative
--Sheri Coven, FAPA Executive Director

FAPA Bill Tracking Report

 GOVERNOR APPOINTS NEW FLORIDA DOT SECRETARY
On March 5, 2003, the Governor appointed Jose Abreu as Secretary of the Florida Department of Transportation. Mr. Abreu has served as the District Six Secretary of the Florida Department of Transportation since 1995. He has effectively administered the overall planning, design, construction and maintenance of the state highway system in Miami-Dade and Monroe counties. He oversees the management of a workforce of more than 600 employees and countless private contractors and consultants secured to implement the district’s $3 billion five-year work program. Mr. Abreu was born in Cuba and is a 1977 graduate of the University of Miami with a Bachelor of Science degree in Civil Engineering. He is a licensed Professional Engineer and a certified engineering contractor. Secretary Abreau’s appointment was immediately effective.


Governor's Press Release re Secretary Abreau

 GOVERNOR'S STATE OF THE STATE ADDRESS
Governor Jeb Bush delivered his fifth State of the State address on Tuesday, March 4, 2003, before a joint session of the Florida House and Senate. In his address, the Governor outlined his priorities for this session including domestic and economic security as they relate to a potential war, as well as the issues of education, medical malpractice and workers’ compensation reform. He also urged elected leaders to encourage partnerships within strong communities to help make state programs work better.

Governor's State of the State Address

 STATE OF THE STATE DEMOCRATIC REBUTTAL
The first-term architects of the Democrats' economic development plan, Innovation Florida, Senator Dave Aronberg (D-Greenacres) and Representative Bruce Antone (D-Orlando) delivered the Democratic response to the Governor's State of the State address. The freshman lawmakers said their constituents were worried about Florida's economic conditions, education, the collapse of the state's insurance markets, and threats of terrorism heightened by the approaching war.

State of the State Democratic Rebuttal

 OTHER ITEMS OF INTEREST
FLORIDA’S ECONOMY IS TRANSPORTATION BASED from Floridians for Better Transportation: At the Tuesday, March 4, 2003, meeting of the Florida Transportation Commission, a draft report entitled "Estimates of Florida’s Transportation Needs 2003-2020” was presented by FDOT staff. This report, which should be finalized within the next two months, examined two scenarios -- one that "maintains" existing transportation conditions in Florida, and the other that "improves" them. It indicated that to "maintain today's physical conditions and service levels" an additional investment of $2.7 billion would be needed over each of the next 17 years. While 2003-2020 transportation revenue is anticipated to be about $110 billion, projected needs will exceed $157 billion. This difference leaves a transportation funding shortfall of $47 billion -- $28 billion at the state level and $19 billion at the local level. This report makes plain that to simply "tread water," significantly more -- not less -- transportation investments are needed. Bottom Line: The connection between transportation investment and economic growth is well documented and supports the notion that Florida's economy is "transportation-based." The success of tourism, agriculture, and virtually everything else is literally riding on Florida's transportation system. Simply put, transportation makes everything else possible!

SENATORS VOICE SUPPORT FOR EXTRA HIGHWAY SPENDING: During a February 27 subcommittee hearing of the Senate Environment and Public Works Committee, Republicans and Democrats sent a clear message that additional money will be needed to pass the next federal highway bill. The current bill, TEA-21, is set to expire in September 2003. Chairman Christopher “Kit” Bond (R-MO) told Federal Highway Administrator Mary Peters that a bill funded at the president’s request of $29.3 billion would have difficulty clearing the subcommittee. He also indicated 64 senators signed a letter this week calling the Bush administration proposal inadequate. In the House, the Transportation and Infrastructure Committee went on record this week as supporting at least $48 billion next year for highway and transit programs combined. This compares to $38 billion for these programs in FY2003 and $36.5 billion under the president’s FY2004 plan. The House panel also supports $27.5 million each year for the Small Community Air Service program. Source: National Association of Development Organizations

 FAPA LEGISLATIVE WORKSHOP SURVEY
Please provide us with your feedback regarding FAPA’s 2003 Legislative Workshop, held February 19-20, 2003 in Tallahassee. This brief survey will assist us in making next year’s workshop even better. To complete the survey, click on the link below, or go to temp.visplan.com/events/survey_legis_2003.asp.

Legislative Workshop Survey

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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