Title: Select Committee on Growth Management, PCB 83-6, State Land Development Plan
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Title: Select Committee on Growth Management, PCB 83-6, State Land Development Plan
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Select Committee on Growth Management, PCB 83-6, State Land Development Plan ( JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 37
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004094
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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SELECT COMMITTEE ON GROWTH MANAGEMENT


PCB 83-6 (State Land Development Plan)



SUMMARY


A. Present Situation

Chapter 380, Florida Statutes, currently provides for the
regulation of development in Florida of greater than local
significance through two major mechanisms: by reviewing Develop-
ments of Regional Impact, and by regulating development activities
within Areas of Critical State Concern.

There are, however, no adopted state land development
policies or plans to guide the administration of these development
review processes. This lack of an overall policy framework has
been a chief criticism of Chapter 380.

Further, the principle regional agency involved with
implementing the state's land use management programs has been
regional planning councils. The principle regional agency
involved with implementing the state's water resource management
programs has been water management districts. Although attempts
have been made to coordinate the two regional agency systems, full
integration of land use and water management activities is impeded
by different structural characteristics of the two systems.


B. Probable Effect of Bill

This bill requires the state land planning agency (Depart-
ment of Community Affairs) to prepare and adopt by rule a state
land development plan. The plan would set out policies and
standards to guide public and private development of land,
consistent with the availability of public services and the limits
of natural resources. The entire state is subject to the plan
within three years. The bill provides for various studies by the
state land planning agency, prescribes the general content of the
state land development plan, and directs "regional planning
agencies" to prepare short-term implementation programs to carry
out the plan.

The bill also codifies into Chapter 380 the 10-year site
plan review process for electrical power plants, and requires
reporting of planned transmission lines.











C. Comments

"Regional Planning Agency" is a term used throughout
Chapter 380 to describe an important set of powers, duties, and
functions. This bill defines "regional planning agency" to be a
water management district, in a major change from existing practice.
The stated intent of this change is "to promote more effective
planning for and management of the state's land and water resources,"
in furtherance of current Chapter 380 purposes.

This bill provides that the state land development plan will
be updated at least every five years through an evaluation and
revision process, culminating in a state land development report.
This report is formally adopted by rule, like the original plan,
and revises and amends the plan as stated in the report.

The state land development plan would be used in a variety
of ways related to areas of critical state concern and DRIs. For
example, it would identify emerging problem areas that can be
dealt with prior to reaching "critical concern" status. This
could be for either environmental protection reasons, or for
economic and community development reasons, such as a need to
encourage particular types of growth to certain areas of the state,
using both land use incentives and public investment strategy
policies. Individual DRIs would be reviewed against the policies
and standards of the plan to determine any inconsistencies with
achieving the plan's objectives, a mandate of present law that has
not been satisfied due to the absence of a state land development
plan. Thus, it is not a "no-growth" plan, but a managed growth
plan. The bill strongly emphasizes, both by organizational choice
and substantive direction, the need to better integrate land use
and water management processes and functions.

The plan would also contain evaluation standards for
regional planning performance. These would be both process
standards and product standards, to insure better accountability
at the regional level.

Proposed funding under this bill is from a growth-related
revenue source, the documentary stamp tax applied on deeds. An
increase is proposed from the present 45 cents per $100 to 55
cents, with the rate declining to 50 cents in 1991 to reflect
termination of the "Save Our Rivers" tax. Collections are
disbursed at the state level through a Growth Management Trust
Fund to pay for planning and implementation grants to regional
planning agencies, and other costs of administering Chapter 380.
Fixed capital outlays from the fund are expressly prohibited
unless authorized by the Legislature.











Select Committee on Growth Management
PCB 83-6 State Land Development Plan (4/14/83)


1 A bill to be entitled

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

3
4 Section 1. Policy and purpose.--In conformity with,
5 and in the furtherance of, the purposes of the Local

6 Government Comprehensive Planning Act of 1975, Chapter 163,

7 Florida Statutes, and the Florida Environmental Land and Water
s Management Act of 1972, Chapter 380, Florida Statutes, it is
9 the intent of the Legislature to promote more effective

10 planning for and management of the state's land and water
11 resources, in order that orderly growth may be assured in a
12 manner consistent with the availability of public services and

13 the limits of natural resources. It is further the intent of

14 this act to utilize and strengthen the ability of local
15 governments to manage growth through better planning,

16 coordination, and management at the substate level of

17 government, and to promote better administration of Florida's
18 landmark environmental laws. In order to effectuate these

19 purposes, the Legislature declares an express intent to
20 coordinate land and water planning and management authority by

21 delegating such authority to water management districts.

2 Section 2. Subsections (13), (15), and (16) of section
2 380.031, Florida Statutes, are amended to read:

24 380.031 Definitions.--As used in this chapter:

25 (13) "Regional planning agency" means the water
26 management district agency designated by the state land

2 planning agency to exercise responsibilities under this

21 chapter in a particular region of the state.

29 (15) "State land development plan" means a plan that
30 meets the requirements of s. 380.035(3) eemprehensive

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 staeewvde-pan-ee-any-peef'i~a-theeee-9ete(tig-eehth-state-4and

2 deve'epment-pe-ie4ee.
3 (16) "State land planning agency" means the Department

4 of Community Affairs ageney-deetgnated-by-iewT or its
5 successor agencyy-te-uedetea+e-statew*de-eemprehensive

6 planning.
7 Section 3. Subsection (4) is added to section 380.032,

8 Florida Statutes, to read:

9 380.032 State land planning agency; powers and

10 duties.-The state land planning agency shall have the power
11 and the duty to:

12 (4) Adopt by rule a state land development plan

13 applicable to all or portions of the state.

14 Section 4. Section 380.035, Florida Statutes, is
15 created to read:

16 380.035 State land development plan.--
17 (1) The state land development plan shall consist of
18 words, maps, and illustrations, prepared and adopted as

19 provided in this section, setting forth state land development

20 policies and standards to guide public and private development

21 of land within the state in a manner consistent with the
2 availability of public services and the limits of natural

23 resources. A plan may be adopted applicable only to a

24 particular portion of the state, but the entire state shall be
25 subject to a state land development plan not later than 3

26 years after the effective date of this act.

2 (2)(a) The state land planning agency may undertake
2 studies concerning emerging issues found by the agency to be

2 of strategic state or regional importance to future

30 development, which may include:

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 1. Population composition and distribution;

2 2. Amount, type, and general location of industrial

3 development;

4 3. Amount, type, quality, and general location of

5 housing;

6 4. General location and extent of existing or

7 currently planned major public facilities;

a 5. General location and extent of existing or
9 currently planned major public transportation systems;

10 6. General location and extent of existing or

11 currently planned electrical power plants and transmission

12 lines;

13 7. Amount, general location, and interrelationship of

14 different categories of land use;

15 8. Geological, ecological, or other physical factors

16 that would affect or be affected by development;

17 9. Areas, sites, or structures of historical,

is archeological, architectural, recreational, scenic, or

19 environmental significance;

20 10. Extent and general location of blighted,

21 depressed, or deteriorated areas and factors related thereto;

22 11. Natural resources, including air, water, open

23 spaces, forests, soils, rivers and other waters, shorelines,

24 fisheries, vegetation, wildlife, and minerals; and

25 12. Areas of natural or man-made hazards.

2 (b) The state land planning agency may utilize studies

27 made by others and may undertake or contract for any
2 additional studies necessary or useful in preparation of the

29 state land development plan. Every governmental agency shall

30 furnish the state land planning agency any data, reports, or

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



I records in its control required by the land planning agency

2 for these studies.

3 (c) The state land planning agency may undertake and

4 publish other planning studies and reports that it considers

5 useful in advancing state or regional planning, but none of

6 these studies or reports shall have the effect of a state land

7 development plan adopted pursuant to the requirements of this

a act.

9 (3)(a) A state land development plan shall define in

10 general terms state land-use objectives. The clan shall

11 enumerate policies and standards regarding proposed or

12 foreseeable changes in each of the factors listed in

13 subsection (2) that are relevant to the geographical area

14 covered. The plan shall identify the legal mechanisms that

15 will coordinate and implement the policies and standards

16 enumerated.

17 (b) The plan shall identify and evaluate the present

18 conditions and major problems relating to development,

19 physical and environmental deterioration, and the general

20 location of land uses and major public facilities. The plan

21 shall show the projected nature and rate of change in present

22 conditions for the reasonably foreseeable future, and the

2 probable environmental, social, and economic consequences

24 which will result from the changes.

25 (c) The state land development plan shall incorporate

2 state standards for regional planning performance under this

27 chapter.

28 (d) The plan shall include general policies and

29 standards for reviewing developments of regional impact under

30 s. 380.06.

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 (e) The plan shall identify areas of the state where

2 future public investment related to new growth will be

3 directed, and areas of the state where public investments

4 generally will be discouraged.

5 (4) In the preparation of a state land development

6 plan, the state land planning agency shall consider the

7 adopted comprehensive plans of local governments in order that

8 each local government having a land development plan may

9 pursue its development policies to the extent feasible

10 consistent with the general welfare of the people of this

11 state. Consideration shall also be given to plans of other

12 governmental agencies that have been transmitted to the state

13 land planning agency.

14 (5)(a) A state land development plan shall require the

15 preparation of regional short-term programs of specific public

16 actions to be undertaken in order to achieve objectives,

17 policies, and standards contained in the plan. A regional

18 short-term program shall be developed by the regional planning

19 agency and updated at least every 2 years. The program may

20 concern, among other matters:

21 1. Development or development-related programs to be
2 undertaken by federal, state, local, or other governmental

23 agencies;

24 2. Areas to be considered for study as areas of

25 critical state concern under s. 380.045.

26 (b) A regional short-term program shall also specify:

27 1. The estimated amounts, types, characteristics, and

28 general locations of land that should be acquired or reserved

29 in order to carry out the short-term program;

30

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 2. The transportation, utility, and community

2 facilities that should be provided or receive funds from the
3 state or other governmental agencies to meet the needs of

4 development resulting from the short-term program;

5 3. The means of coordinating and integrating the state

6 land development plan with the water management plans prepared

7 by the regional planning agency;

8 4. Any regulatory measures, .including incentives
9 allowable under law, that should be adopted within the period

10 of the short-term program in order to achieve the objectives,

11 policies, and standards of the state land development plan;

12 5. An estimate of any additional trained personnel

13 required to administer the recommendations of the short-term

14 program;

15 6. The estimated fixed capital outlay costs of

16 carrying out the short-term program and the sources of the

17 public funds available or potentially available;

18 7. The estimated overall environmental, social, and

19 economic consequences of the short-term program including the

20 impact of the program on population distribution, employment,

21 and economic and environmental conditions.

22 (6)(a) After adoption of a state land development

2 plan, the state land planning agency shall prepare a state

24 land development report at least once during each 5-year

25 period following plan adoption. The interval between reports

26 may be specified in the plan but shall not be less than 2

2 years. Each report shall evaluate the progress made in

28 achieving the objectives of the state land development plan,

9 and shall contain statements regarding the following matters:

30

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 1. The major problems relating to development,

2 physical deterioration, and the location of land uses and

3 major public facilities;

4 2. The extent to which previous regional short-term
5 programs have accomplished their objectives;

6 3. The extent to which there have been significant

7 changes in the assumptions upon which the state land

g development plan was based.

9 (b) A state land development report may also suggest

10 changes in the state land development plan including revisedd

11 objectives, policies, and standards.

12 (c) A state land development report becomes effective

13 upon adoption by rule by the state land planning agency. The

14 adoption of a state land development report amends a state
15 land development plan to the extent specified in the rule.

16 (d) The state shall no longer be treated as having a
17 currently effective state land development plan if it has not
18 adopted a state land development report within 1 year after

19 the end of the period of time covered by a previously-adopted

2 plan or report. The running of this 1 year period shall be

21 tolled upon challenge pursuant to Chapter 120 of a proposed

22 new state land development report.

23 (7) Adoption of a state land development plan shall be

24 accomplished in the following manner:

25 (a) Not later than 1 year after the effective date of

6 this act, the state land planning agency shall transmit a copy

27 of the proposed state land development plan to any

28 governmental agency in this state that has filed with the
29 state land planning agency a written request for copies of

30 proposed plans;

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)


1 (b) The state land planning agency shall also make

2 available copies of the proposed plan to the public upon
3 payment of a reasonable charge to cover printing costs;

4 (c) Not less than 4 months after the transmittal
5 required by this subsection, the state land planning agency

6 shall consider the comments received;

7 (d) After making of any revisions, the state land

8 development plan shall be adopted by rule by the state land
9 planning agency.

10 Section 5. Section 380.15, Florida Statutes, is
11 created to read:

12 380.15 Ten-year site plans.--

13 (1) Beginning January 1, 1974, each electric utility

14 shall submit to the state land planning agency a 10-year site
15 plan which shall estimate its power-generating needs and the

16 general location of its proposed power plant sites and
17 transmission lines. The 10-year plan shall be reviewed and
18 submitted not less frequently than every 2 years.

19 (2) Within 9 months of the receipt of the proposed
0 plan, the state land planning agency shall make a preliminary

21 study of such plan and classify it as "suitable" or

22 "unsuitable." The state land planning agency may suggest
3 alternatives to the plan. All findings of the state land

24 planning agency shall be made available to the Department of

25 Environmental Regulation for its consideration at any
2 subsequent electrical power plant site or transmission line

27 certification proceedings. It is recognized that 10-year site

a plans submitted by an electric utility are tentative

29 information for planning purposes only and may be amended at

30 any time at the discretion of the utility upon written

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Select Committee on Growth Management

PCS 83-6 State Land Development Plan (4/14/83)



1 notification to the department. A complete application for

2 certification of an electrical power plant site under chapter
3 403, when such site is not designated in the current 10-year
4 site plan of the applicant, shall constitute an amendment to

5 the 10-year site plan. In its preliminary study of each 10-

6 year site plan, the state land planning agency shall consider
7 such plan as a planning document and shall review:

8 (a) The need, including the need as determined by the
9 Public Service Commission, for electrical power in the area to

10 be served. This review shall include consideration of

1 population growth patterns, regional land use trends, common

12 corridor siting of transmission lines, and the extent to which

13 future electrical power needs can be met by energy

14 conservation alternatives.

15 (b) The anticipated environmental impact of each

16 proposed electrical power plant site and transmission line,

17 including any increased impacts from acid rain, and waste
18 disposal impacts resulting from the plan.

19 (c) Possible alternatives to the proposed plan.

2 (d) The views of appropriate local, state, and federal

21 agencies, including the views of the appropriate water
2 management district as to the availability of water and its

23 recommendation as to the use by the proposed plant of

24 saltwater or freshwater for cooling purposes along with other

25 matters within its jurisdiction.

26 (e) The extent to which the plan is consistent with

27 the state comprehensive plan and the state land development

2 plan.

29

30

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 (f) Energy consumption in Florida and the current and

2 projected availability of energy in Florida and through
3 purchase agreements with non-Florida sources.

4 (3) The state land planning agency may adopt rules

5 governing the method of submitting, processing, and studying

6 the 10-year plans as required by this section.

7 Section 6. Paragraph (a) of subsection (1) of section

8 403.507, Florida Statutes, is amended to read:

9 403.507 Reports and studies.--

10 (a) Within 5 months of receipt of a copy of the
11 complete application, the state land planning agency

12 Bepaetment-ef-Veteten-end-Gemen*ty-AEaes shall present a
13 report as to the compatibility of the proposed electrical

14 power plant with the state comprehensive plan and the state

15 land development plan to the department. The state land

16 planning agency Bepae~aent-e-Veteeen-end-6emrnity-Aideaie
17 shall submit a preliminary report within 60 days of receipt of
18 a copy of the complete application.

19 Section 7. Subsection (4) of section 403.526, Florida
20 Statutes, is amended to read:

21 403.526 Reports and studies.-

22 (4) Each water management district in the jurisdiction
2 of which a proposed transmission line or corridor is to be

24 located shall prepare a report as to the impact on water
25 resources and other matters within its jurisdiction and shall

2 submit its report to the department within 60 days after

27 receipt of a copy of the complete application.

28 Section 8. Subsection (1) of section 201.02, Florida
29 Statutes, is amended to read:

30

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 201.02 Tax on deeds and other instruments relating to

2- realty or interests in realty.--

3 (1)(a) On deeds, instruments, or writings whereby any
4 lands, tenements, or other realty, or any interest therein,

5 shall be granted, assigned, transferred, or otherwise conveyed

6 to, or vested in, the purchaser, or any other person by his

7 direction, on each $100 of the consideration therefore the tax

8 shall be 55 45 cents. When the full amount of the

9 consideration for the execution, assignment, transfer, or

10 conveyance is not shown in the face of such deed, instrument,

11 document, or writing, the tax shall be at the rate of 55 45

12 cents for each $100 or fractional part thereof of the

13 consideration therefore.

14 (b) The tax increase imposed by section 1 of chapter
15 81-33, Laws of Florida, is repealed effective July 1, 1991;

16 and the tax rate shall be reduced to 50 40 cents for each $100
17 or fractional part thereof of the consideration.

18 Section 9. Section 201.15, Florida Statutes, is

19 amended to read:

20 201.15 Distribution of taxes collected.--

21 (1) All taxes collected under the provisions of this

22 chapter shall be distributed as follows:

23 (a) Sixty-five and one-tenth Seventy-nine-and-ene-hela

24 percent of the total taxes collected under the provisions of
25 this chapter shall be paid into the State Treasury to the

26 credit of the General Revenue Fund of the state, to be used

27 and expended for the purposes for which the General Revenue

2 Fund was created and exists by law. Effective August 1, 1991,

29 the distribution pursuant to this paragraph shall be an amount

30

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)


1 equal to 68.60 percent of the total taxes collected under the

2 provisions of this chapter.
3 (b) Ten and nine-tenths h*teen-ad-theee-benthe

4 percent of the total taxes collected under the provisions of

5 this chapter shall be paid into the State Treasury to the

6 credit of the Land Acquisition Trust Fund. Sums deposited in

7 such fund pursuant to this section may be used for any purpose

g for which funds deposited in the Land Acquisition Trust Fund
9 may lawfully be used and may be used to pay the cost of the

10 collection and enforcement of the tax levied by this chapter.

11 Effective August 1, 1991, the distribution pursuant to this

12 paragraph shall be an amount equal to 11.45 percent of the
13 total taxes collected under the provisions of this chapter.

141 (c) Five and nine-tenths Seven-efd-twe-tenthe percent
15 of the total taxes collected under the provisions of this

16 chapter shall be paid into the State Treasury to the credit of

17 the Water Management Lands Trust Fund. Sums deposited in that
IS fund may be used for any purpose authorized in s. 373.59 and

19 may be used to pay the cost of the collection and enforcement
2 of the tax levied by this chapter.

21 (d) Eighteen and one-tenth percent of the total taxes
22 collected under the provisions of this chapter shall be paid

23 into the State Treasury to the credit of-the Growth Management

24 Trust Fund. Sums deposited in that fund may be used for any
5 purpose authorized in Chapter 380. Effective August 1, 1991,

6 the distribution pursuant to this paragraph shall be an amount

2 ecual to 19.95 percent of the total taxes collected under the
2 provisions of this chapter.
29(2) The change in the schedule of distributions

30 imposed by s. 2 of chapter 81-33, Laws of Florida, is repealed

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)


effective August 1, 1991T-ea-whieh-i~me-the-aekedue-e


CODING: Words in 4w4.A .ilh type are deletions from existingg law; words undrlinad ore additions.


defsteebib te s-sae*-eevet-te-Cfte-aeeedae-ex*e*tiq-et-tfhe

time-df-paseage-e--ehepapteB-O -3T-8aewe-e-P&eedea.
Section 10. Section 380.038, Florida Statutes, is

created to read:

380.038 Growth Management Trust Fund.--

(1) There is established within the state land

planning agency the Growth Management Trust Fund, to be used

as a nonlapsing fund for the purposes of implementing Part I

of this chapter. The moneys in this fund, exclusive of the

service charge imposed by s. 215.20, and exclusive of refunds,

shall be used for the purposes of providing grants to regional

planning agencies and to otherwise carry out the provisions of

this act. The state land planning agency may make payments

for grants from the Growth Management Trust Fund to regional

planning agencies in accordance with the procedures of this

section.

(2) Moneys from the Growth Management Trust Fund shall

be used for the preparation of any studies required under s.

380.035(2), for the preparation of all or parts of the state

land development plan required under s. 380.035(3), for the

preparation and implementation of the short-term program

required under s. 380.035(5), for the preparation of any

reports required under s. 380.035(6), and for the conduct of

any reviews required under this act; provided, however, that

no funds shall be used for fixed capital outlay projects

without prior legislative authorization.
(3) A regional planning agency designated to exercise

responsibilities under this act may apply to the state land

planning agency for a grant in accordance with the provisions
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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



1 of this section. The grant application from the regional

2 planning agency shall include a proposed budget, together with

3 a statement of objectives to be accomplished should the

4 application be approved, and a statement of the sources of
5 funds, other than those requested from the Growth Management

6 Trust Fund, to be used in the accomplishment of the grant

7 objectives. Grants shall be made upon a basis of demonstrated

8 need and a showing that the financial resources available to
9 the regional planning agency are not sufficient to fund the

10 requirements of this act. The application for a grant shall

11 be accompanied by a statement from the regional planning

12 agency certifying that the application is consistent with the

13 provisions of this act, and with the provisions of any adopted

14 state land development plan applicable to the region. The head
15 of the state land planning agency shall approve applications

16 for grants in a manner and in an amount consistent with the
17 requirements to carry out the purposes of this act.

18 (4) The state land planning agency may adopt rules to

19 implement the procedures and requirements of this section.

20 (5) Moneys in the fund not needed to meet current

21 obligations incurred under this section shall be transferred
22 to the State Board of Administration, to the credit of the

23 fund, to be invested in the manner provided by law. Interest

24 received on such investments shall be credited to the fund.
25 Section 11. There is hereby appropriated from the

2 Growth Management Trust Fund to the state land planning agency

2 the sum of $ million for the purpose of carrying out the

2 provisions of this act. The state land planning agency is

2 authorized to create not more than career service

0 positions, provided however, that no money from the general

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Select Committee on Growth Management

PCB 83-6 State Land Development Plan (4/14/83)



revenue fund shall be used to implement the provisions of this

act.

Section 12. Section 23.0191, Florida Statutes, is

hereby repealed.

Section 13. This act shall take effect October 1,

1983, except that Sections 8 and 9 shall take effect July 1,

1983.












































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