| In This Issue: |
March 24, 2003
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FAPA BILL TRACKING REPORT
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DEP ANNOUNCES NEW LEGISLATIVE
PRIORITIES | |
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LATEST ISSUE OF APA'S "FROM
WASHINGTON"
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SUMMARY OF MERGER BILLS: SB 2528 AND HB
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It appears that the bills to
merge DCA and DOS are on the move. Senator Webster
recently filed SB 2528, which accomplishes the
Governor’s directives with regard to the merger.
Rep. Zapata’s bill, HB 1687, is identical. A
detailed summary of those bills appears in a later
section of this report. However, it is important
to note that at its March 14, 2003, meeting, the
FAPA Executive Committee voted to support the
merger of DCA and DOS by ratifying the following
motion adopted by FAPA’s Legislative Policy
Committee:
FAPA SUPPORTS INITIATIVES THAT
IMPROVE GROWTH MANAGEMENT IN FLORIDA. IF THE
MERGER OF THE DEPARTMENT OF COMMUNITY AFFAIRS AND
THE DEPARTMENT OF STATE ACCOMPLISHES THAT END,
THEN WE SUPPORT IT. FAPA ALSO FULLY SUPPORTS THE
GOVERNOR’S STATED COMMITMENT THAT GROWTH
MANAGEMENT WILL BE A PRIORITY ISSUE IN THE COMING
YEAR.
The Executive Committee approved the
motion with one opposed.
When the Senate
Comprehensive Planning Committee met two weeks
ago, its Chair, Senator Geller, indicated that he
would be sponsoring a “smart growth” bill to
address urban infill, urban growth boundaries, and
increased urban densities. In preparation for
that, a last minute request was made by the
Committee staff for experts on urban growth
boundaries and urban infill to testify at the
committee meeting. A special word of thanks goes
to two FAPA Executive Committee members, Rich
Unger, Vice President for Profession Development,
and Carol Stricklin, Chair of the Orlando-Metro
Section, for responding to that call. Charles
Pattison, Executive Director of 1000 Friends of
Florida, joined them at the podium as well. They
all made outstanding presentations, and Senator
Geller recognized and thanked FAPA for
facilitating the arrangements.
At its
meeting last week, the Senate Comprehensive
Planning Committee unanimously approved Colleen
Castille as Secretary of DCA. Immediately
following the confirmation, FAPA staff contacted
Secretary Castille to extend FAPA’s
congratulations. This week, the Committee is
scheduled to hear SB 1632 relating to county
government; SB 1956 relating to Wekiva/local
government/growth management; and SB 1164 relating
to private property rights protection.
As
many of you know, SB 1164 by Senator Pruitt and HB
113, by Rep. Kottkamp, amend the Bert J. Harris
Act. The most controversial aspect of the
amendments is a clause that would waive sovereign
immunity protection for all governmental agencies
against which claims have been asserted
RETROACTIVE to May 1995. At its March 14, 2003,
meeting, the FAPA Executive Committee unanimously
voted to oppose the amendment language in these
two bills.
SB 1450 by Senator Bennett was
substantially amended in the Senate Communication
and Public Utilities Committee on Thursday to
remove a number of objectionable provisions in the
bill relating to local government zoning
authority. However, even with the amendments,
interested parties have not agreed to the
remaining provisions of the bill and negotiations
continue. Although not yet scheduled to be heard,
SB 1450 is now in the Senate Comprehensive
Planning Committee and its companion, HB 1307, is
in the House Telecommunications Subcommittee as
originally filed.
Although not yet filed,
it appears that the Florida League of Cities and
Florida Association of Counties have reached
agreement on annexation statute revisions. The
FAPA Executive Committee directed staff to support
any legislation that carries forward an annexation
proposal agreed to by both the Florida League of
Cities and Florida Association of Counties. We
will report on the content of the agreed upon
language as soon as when it becomes available.
Numerous other bills have moved over the
past few weeks. In the Senate Agriculture
Committee, Sen. Paula Dockery’s SB 728 and SB 730
were favorably reported. These bills would
implement the Rural Lands Program, which Dockery
had previously passed into law, by creating a
trust fund for the program and by authorizing the
issuance of bonds on documentary stamp tax
proceeds. Under the program, the state could
purchase conservation easements from willing
sellers in rural and agricultural areas in order
to promote the protection of natural or
undeveloped lands.
Several water bills were
also voted favorably out of committees. Sen.
Argenziano’s SB 1044 dealing with consumptive use
permits was amended and passed out of the Senate
Comprehensive Planning Committee. The bill
requires that water management districts notify
local governments of any consumptive use permits
that are to be granted within their jurisdictions
in order to give local governments the opportunity
to file objections to the proposed permits. The
bill also requires that when water management
districts conduct five-year reviews of their
regional water supply plans, they must consider
the capital improvements, intergovernmental
coordination,
general sanitary sewer, solid
waste, drainage, potable water and natural
groundwater aquifer recharge, and conservation
elements of affected local government
comprehensive plans.
One of the newer bills
filed is HB 1069 by Rep. David Russell. This bill
addresses an array of issues that could strengthen
the coordination between land use decisions and
the availability of water supply. The bill amends
Chapter 163, F.S., to require that local
governments address the availability of water in
their comprehensive plans and directs that these
plans are compatible with the regional water
supply plans of the water management districts.
Under the “capital improvements” element of a
comprehensive plan, the bill adds the requirement
for a component to outline plans for construction
of potable water facilities, which would be
compatible with regional water supply plans and
include a water conservation section. Under the
future land use element, the bill requires the
plans to address the availability of ground and
surface water resources for present and future
water supplies and the potential for development
of alternative supplies.
The Florida
National Scenic Trail is also getting attention
this year. HB 985 by Rep. Bill Galvano would
create a trust fund within the Department of
Environmental Protection to further the
acquisition of private property along corridors
needed to complete and maintain the trail. For
fiscal year 2003-04, the bill proposes
transferring $20 million from the Florida Forever
Trust Fund to be used for the trail. Another bill,
HB 1497 by Rep. Richard Machek would establish the
Florida Trail Program within the Department of
Transportation to facilitate the completion of the
1,300-mile system of trails. The bill authorizes
the department to acquire rights-of-way and land
needed for the trail and limits the liability of
landowners who provide land for the trail. On the
Senate side, Sen. Bennett has filed SB 2406, which
directs state, regional and local land acquisition
programs to give those lands needed for completion
of the trail a higher priority for acquisition in
their land buying programs.
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
Remember, you may check
the FAPA Bill Tracking Report 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.
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REVENUE ESTIMATING
CONFERENCE
The Revenue Estimating
Conference convened on March 14 to reevaluate the
revenue estimates for the General Revenue Fund for
the current 2002-30003 fiscal year and the
upcoming 2003-04 fiscal year. It was reported that
while the economy has fared better than expected
in the most recent period, the stronger growth
period would not come until the second half of
2003. For the current fiscal year, the new revenue
forecast is reduced by just $27.0 million, as
better than expected collections over the past few
months are offset by weaker collections over the
rest of this fiscal year. The new economic
forecast has a more significant impact on the
2003-04 fiscal year, however, as revenues are now
expected to be $320.7 million lower than what was
forecasted at the November 2002 estimating
conference. Most of the reduction is due to a
lower forecast for the sales tax.
The new
revenue estimate reduces the projected surplus at
the end of this fiscal year to $130.2 million, or
0.6% of the General Revenue appropriation. This
does not include a balance of $958.9 million in
the Budget Stabilization Fund. For the 2003-04
fiscal year, the new revenue estimate, in
combination with other non-tax revenue sources,
provides for total General Revenue funds available
of $20,439.8 million, or $278.9 million less than
expected from the November estimating
conference.
To read Governor Bush’s
statement regarding the revenue estimating
conference, go to:
sun6.dms.state.fl.us/eog_new/eog/library/releases/2002/march/revenue-03-08-02.html
SENATE APPROPRIATIONS BILL
The
Senate released their budget, SB 2500 for FY
2003-04 on Friday, March 21, 2003. The
appropriations bill includes many cuts affecting
all issue areas. Senate President Jim King stated
that the $52 billion spending plan is only a
starting point for budget discussions with the
House, and that he is not particularly proud of
the many budget cuts included in the Senate plan.
However, with dwindling revenue estimates released
last week (an additional $350 million shortfall),
he stated that the Senate was forced to make hard
cuts in state services.
Senate President
King has been an advocate of raising revenue for
the state by entertaining the expansion of video
gambling and/or elimination of certain sales tax
exemptions. On the other hand, the House does not
share the Senate’s gloomy outlook. As outlined
below, their budget restores cuts in various areas
without proposing additional revenue sources. The
Senate remains unconvinced that this is possible,
and with the two chambers seemingly moving further
apart on issues, it is difficult to predict the
common ground, which must be found to pass the
budget.
HOUSE APPROPRIATIONS
BILL
The House released their budget
proposal as PCB AP-03-01, on Monday, March 24,
2003. The proposed budget appears to protect the
state’s most vulnerable populations and does not
raise taxes. “This budget sends a message that
tough times don’t have to hurt Florida’s most
vulnerable citizens,” said House Speaker Johnnie
Byrd. “We have funded medical assistance to the
needy, prescription drugs for seniors, increased
pay for school teachers, and still balanced our
budget – all without tax increases.”
“Like
kitchen table budgeting done by Florida’s working
families, we recognize that the sky isn’t the
limit for spending,” said Appropriations Chairman
Bruce Kyle. “We have set responsible parameters
and lived within our means.”
This year
House Appropriation Subcommittees participated in
zero-based budgeting review as they formed their
budget priorities. According to House leaders, by
starting from scratch, they were able to build a
budget that was based on the needs of Florida’s
future and was not entangled by decades-old
political fights and spending demands. Drawn
partially from surplus revenue in some trust funds
to reflect new budget priorities and increases in
general revenue collections over the last fiscal
year, the proposed House budget requires no tax
increases or gambling revenues.
FAPA’S
POSITION ON TRUST FUND CUTS
At its March
14, 2003, Executive Committee meeting, in response
to concerns directly related to cuts in the
Affordable Housing Trust Fund and the
Transportation Trust Fund, the FAPA Executive
Committee unanimously adopted a motion to support
the integrity of ALL Trust Funds for their stated
use.
FEDERAL BUDGET OUTLOOK
After
days of negotiations, House Republicans provided
President Bush with an important political victory
as the chamber adopted a budget resolution (H Con
Res 95) for FY2004 that includes the
administration’s $726 billion tax relief package.
The resolution passed by a 215-212 vote. The
budget resolution is a non-binding document passed
by Congress each year that serves as the overall
blueprint for the appropriations and tax-writing
committees. While it does not require the
president’s signature, the concurrent budget
resolution eventually negotiated between the House
and Senate will set the spending caps for the 13
annual spending bills, along with any tax
legislation.
The Senate is still working
through a number of floor amendments being offered
by both Democrats and Republicans. After the
Senate finishes its version of the 2004 budget
resolution (S Con Res 23), the two chambers will
meet to develop a concurrent resolution. Among the
major issues will be restoring proposed cuts to
commodity programs, money for veterans’ programs
and outyear spending for highway and transit
programs. Other big picture issues include future
funding levels for Medicare and the price tag for
the president’s economic stimulus tax cut
package.
Source: National Association of
Development Organizations
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Section 1.
Declaration of Policy, which states that
the vitality of Florida’s communities is critical
to the quality of life of the state’s
residents.
“It is the policy of the
Legislature: To protect the vital role Florida’s
communities serve as locations for work,
education, recreation, and social interaction and
build a strong foundation for diversifying the
economy, protecting natural resources, and
improving quality of life through enhanced
coordination of community assistance programs and
effective management of growth in
Florida.”
Subsequent paragraphs state that
it is also the Legislature’s intent to promote
economic development; protect critical state
resources and address significant state issues;
provide a streamlined, cost effective delivery of
services; promote a positive business climate;
ensure a strong and stable democracy through fair,
credible and accessible elections; and maintain
effective and rapid response and recover
capabilities.
Requires the Department of
State and Community Partnerships, the Department
of Environmental Protection (DEP), and the
Department of Management Services (DMS) to
evaluate the programs, functions, and activities
transferred to their respective agencies, and to
then provide a report to the Governor, Speaker of
the House, and President of the Senate by October
15, 2003, recommending statutory and
administrative changes to best effectuate and
incorporate the programs, functions, and
activities within each agency. Provides for input
of constituent groups.
Requires the
Department of State and Community Partnerships and
DEP to prepare and submit a report consistent with
the paragraph above, recommending statutory and
administrative changes to best ensure historical
properties and the state museum are managed in a
manner that best serves the public and protects
the historic resources of the
state.
Section 2.
Amends Section
20.04, Florida Statutes, Structure of Executive
Branch, to include the Department of State and
Community Partnerships.
Section 3.
Creates the Department of State and
Community Partnerships. States that the Secretary
shall be the head of the Department. Expresses
Legislative intent to provide the Secretary with
the flexibility to organize the department in any
manner the Secretary determines appropriate to
promote efficiency, accountability, and accomplish
the intent of this section.
Among the
stated primary policies and administrative
functional areas of the agency is: Community
Planning and Growth Management.
Section
4.
Designates the Secretary of DMS as the
official custodian of state
records.
Section 5.
Repeals Section
20.10, F.S., the Florida Department of State, and
Section 20.18, F.S., the Florida Department of
Community Affairs.
Section 6.
Makes
the following transfers:
All powers,
duties, functions, rules, records, personnel,
property, and balance of appropriations and other
funds from DCA and DOS to the Department of State
and Community Partnerships.
State Energy
Program from DCA to DEP.
Records Management
Program, Florida Administrative Code and Weekly,
Laws of Florida Production, Capital
Post-Conviction Public Records, and the management
of copyrights, patents, and trademarks from DOS to
DMS.
Advocating International Business
Partnerships, Issuance of apostilles as authorized
by s. 15.16(8), and the International Notaries
function from DOS to the Executive Office of the
Governor.
Florida Recreation Development
Assistance Program and the Federal Recreational
Trails Program from DEP to the Department of State
and Community Partnerships.
Affordable
Housing Catalyst Program and the Affordable
Housing Study Commission from DCA to the Florida
Housing Finance Corporation.
Regional Rural
Development Grants Program, Rural Community
Development Revolving Loan Fund Program, and the
Office of Urban Opportunity from the Executive
Office of the Governor to the Department of State
and Community Partnerships.
Civil Legal
Assistance Program from DCA to the Department of
Legal Services.
Section 7.
Declares
that the Secretary of State will continue in
office as the Secretary of the Department of State
and Community Partnerships.
Section 8.
Notwithstanding other provisions of law
relating to the programs within the Department of
State and Community Partnerships, and for the
2003-2004 fiscal year only, the Secretary of the
Department of State and Community partnerships has
the authority to implement the intent of the
Legislature to achieve the greatest possible
coordination between program activities and the
delivery of services to the public, and to
facilitate the efficient operation of the
department.
Section 9.
Directs the
Division of Statutory Revision to prepare a
reviser’s bill for introduction at the next
session of the Legislature to conform the Florida
Statutes to the organizational changes made by
this act.
Section 10.
States that
the act takes effect July 1, 2003.
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The Florida Department of
Environmental Protection Announced is 2003
Legislative Priorities, which focus on saving
taxpayers money while providing Florida’s natural
resources with more protection. According to
Secretary David Struhs, “Improving the way
government does business saves money, time, and
resources. This year’s legislative priorities will
provide us with the right tools to manage
Florida’s natural resources consistently and
efficiently, leading to stronger protection and
better environmental results.” Highlights
include:
Performance Based Permitting -
Increasing protection, rewarding compliance.
Performance Based Permitting establishes a fair
and predictable way to evaluate an applicant’s
past performance during the environmental
permitting process. The proposed law rewards good
behavior with economic incentives such as longer
permits, reduced fees, and short-form renewal
applications. Equally, Performance Based
Permitting better manages environmental risk by
allowing DEP to deny permits to applicants with
proven poor performance.
Global Risk-Based
Corrective Action (RBCA) - Consistent protection,
flexible approach. Cleaning up contaminated sites
based upon environmental and health risks is an
approach that provides consistent protection of
public health and natural resources. Currently,
science-based Risk-Based Corrective Action (RBCA)
principles apply only to cleanups at petroleum,
dry-cleaning, and designated brownfield sites.
Expanding the scope of RBCA to all historically
contaminated sites across the state is a flexible,
protective, and efficient way to accelerate clean
up and redevelopment at these
properties.
Internet Noticing - Using
technology to reduce costs and increase public
awareness. Last year, a DEP Internet noticing
pilot project saved Florida taxpayers over
$32,000. The groundbreaking technology, which
allowed for electronic publication of notices,
reduced paper usage, saved resources, and improved
the public’s ability to access information quickly
and efficiently. As a result of the pilot program,
DEP is recommending legislation to enable all
government agencies to publish electronic notices
accessible to the public by a common web
link.
Land Acquisition Streamlining -
Improving, conforming, and streamlining government
process. From appraisal to closing, the State has
doubled the pace of land acquisition over the last
four years. This proposed legislation seeks to
further improve the land acquisition process,
better manage state lands, and streamline land
exchanges performed by the DEP to place more acres
in public ownership at less
cost.
Leveraging for Cleaner Water -
Investing in Florida’s environmental health. The
Clean Water State Revolving Fund (SRF) provides
low-interest loans to Florida’s local governments
for stormwater and wastewater projects, including
reuse. In 2000, the Legislature authorized DEP to
“leverage” the SRF by issuing bonds to augment
available funds. This sound money management
provided an additional $225 million for community
loans over three years. DEP is seeking additional
“leveraging” authority to provide further loans,
improving the quality of life for more communities
without additional cost to taxpayers.
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This week, House and Senate
budget panels began developing their spending
plans for the next fiscal year (2004) including
decisions concerning future spending that will
strongly influence funding levels contained in
legislation this year renewing TEA-21.
Transportation leaders in both the House and
Senate have been pressing Budget Committee members
to provide room for increased spending above the
current baseline of $31.6 billion for highways and
$7.223 billion for transit programs. The budget
panels, as well as the Bush Administration, oppose
the higher spending levels that key transportation
leaders are seeking. Next week, the full House and
Senate are expected to consider their respective
versions of their 2004 budget
resolutions.
The House Transportation and
Infrastructure Committee, led by Chairman Don
Young (R-AK) and Jim Oberstar (D-MN), has been
urging House budget-writers to commit to
significant increases in highway and transit
spending. Their plan calls for total spending of
$50 billion in the first year, rising to $75
billion in the sixth and final year of the TEA-21
renewal period. This boost in spending would
require increases in user fees and other revenues.
House transportation leaders want a budget
agreement that allows for such revenue increases
and the transportation spending levels that go
with it. Negotiations are ongoing as Transfer goes
to press. For a copy of the Transportation
Committee's statement on its budget request, visit
www.house.gov/transportation/
In the
Senate, Members of the Environment and Public
Works Committee (EPW) and the Banking, Housing and
Urban Affair Committee have led efforts to urge
their budget counterparts to increase budget
commitments to future surface transportation
spending. Letters originated by both panels
attracted substantial majorities of Senators. For
the transit letter, visit
www.senate.gov/%7Ebanking/letters/2003/0311trns.htm
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