Title: Select Committee on Growth Management , Staff Analysis, April 26, 1983, HB 1204 (PCB 83-1 Relating to Growth Management Goals)
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Title: Select Committee on Growth Management , Staff Analysis, April 26, 1983, HB 1204 (PCB 83-1 Relating to Growth Management Goals)
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Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - Select Committee on Growth Management , Staff Analysis, April 26, 1983, HB 1204 (PCB 83-1 Relating to Growth Management Goals) (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 15
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Full Text




April 26, 1983

BILL NUMBER: HB 1204 (PCB 83-1)


RELATING TO: Growth Management Goals


A. Present Situation

1. What is growth management?

"Growth management" is a term that has recently come
into considerable prominence. Its exact meaning is rarely
expounded since many prefer it to mean as much or as little as is
appropriate to a given context. To some, it means promoting
growth; to others, it means slowing growth down; and to still
others, it means stopping growth altogether.

This lack of clear meaning, which results in
potentially conflicting expectations, has caused the House of
Representatives to consider growth management in its broadest
sense. This has included assessing the problems and
opportunities Florida faces in the upcoming decades and
attempting to identify ways of building on or militating against
them. One of the many definitions for growth management that
have been proposed that fits the context of the House's
discussions better than the others is:

Growth management means a system for
guiding, directing, limiting and
encouraging growth so that we can meet
the inevitable demands for housing,
infrastructure, and other growth
support systems. It is not a codeword
for no-growth efforts. It includes,
but goes beyond, concerns for natural
systems, embracing also social,
economic, and legal issues.

This definition and the deliberations of the Select
Committee are based upon a set of assumptions:

a. Growth means an increase in complexity.
This includes, not just numerical
increases, but quality changes as well.
Thus, an aspect of growth of interest to
the state might be the enhancement or the
diminishment of the quality of life brought
about by some change. Generally, however,
population increases are the fundamental
force that brings about the changes that
concern the state most.

b. Growth is inevitable. This does not
suggest that growth is a negative
occurrence, only that change will always
occur and that the state ought not to
expend its resources in an effort to stop
that which cannot be stopped.

c. Growth can be and ought to be managed.
This assumption is basic if any of the work
to be done is to be useful. It also
implies that management is necessary if the
consequences of growth are to be positive.

d. Management means foreseeing consequences
and meeting them in an orderly and timely
manner. Management is itself a complex
process that requires determining what are
the likely results both of actions
controlled by government and of actions
taken by others. It requires planning and
consistent application of known policies
which are based upon statements of desired

e. Management is a responsibility of all
levels of government. This assumption
implies that neither the state alone nor
local governments individually can
accomplish what needs to be done. It
assumes that a coordinated effort with
appropriate linkages through a substate
organization can be put in place to insure
good management happens.

f. Management includes both control and
persuasion. This means that growth
management must be achieved through both
regulatory programs and other activities,

such as incentives, that will help achieve
private and public sector coordination with
desired public goals.

2. Does Florida have an effective system of growth

Many of the necessary elements in an effective growth
management system already exist in Florida law. What is missing
is an overall, coordinated statement of goals indicating where
Florida wants to be in thefuture.

In the past, Florida has attempted to develop long-
term goals by instituting a multi-year comprehensive planning
process and by adopting a concurrent resolution without changing
programs or operational policies. Both of these attempts at goal
setting failed because they were legally non-binding and
government continued to operate as if they did not exist. They
failed because they did not have the force and effect of law.

As a result, many programs continue with intents that
are contradictory and at cross purposes with other programs. In
addition, many programs are reactive in nature and fail to
provide direction and guidance with respect to the state's
desired objectives. For example, road locational decisions many
times are made without regard to future impacts or without an
understanding of local government's plans for future growth and
development in the area in which the road is built.

Why do we build roads which enhance access to remote
areas of river shore and adjacent flood plain when there are
competing programs designed to preserve the river and limit
development in flood prone areas? These sorts of problems appear
frequently in a review of programs affecting growth management

B. Probable Effect of Bill

This bill takes the idea of developing long-term goals one
step further than the two attempts mentioned earlier and
integrates general goals statements into the intents and purposes
sections of programs that directly relate to five issues that
were identified as being of prime importance to Florida. The
goals would be part of the law of the state and presumably would
have some impacts on how these programs work and are implemented.
At the very least, such changes would be considered by the courts
in any litigation and could be used by the legislature in
conducting program evaluations and oversight projects.

C. Section by Section Summary

Introductory Statement

A statement of the effects of rapid population growth is
made, including the impacts on education and training, waste
water treatment plants, transportation systems, housing, and
social services. It is declared that the Legislature must play a
lead role in establishing statewide policies so that executive
agencies and local governments may plan for and implement their
programs consistent with long-term goals. Such a responsibility
differs little from that placed on local governments by the
Legislature under the provisions of the Local Government
Comprehensive Planning Act. Finally, it is declared that such
long-term goals must have the force and effect of law to be
meaningful as guides to the state.

Water Quality, Quantity, and Management

Section 1. Amends s. 153.51 to state the intent that
rural water and sewer systems be established and extended in
accord with local plans for the provisions of such services.

Section 2. Amends s. 367.011 to state the intent that the
Public Service Commission consider local plans in regulating
water and sewer utilities.

Section 3. Amends s. 373.016 to state the intent that
groundwater be managed as well as surface water, that water
budgets be developed, that drinking water be a regional service,
that alternatives to waste treatment and reuse be developed, that
recharge areas be managed "naturally," that floodplains be
regulated, and the DER rescind programs delegated to water
management districts when not implemented according to state

Section 4. Amends s. 373.036 to state the intent that the
state water use plan be a growth management tool to plan for the
provision of water for appropriate existing use and reasonable
future needs (see Section 3 above regarding water budgets).

Section 5. Amends s. 380.021 to state the intent that
growth be managed by local government through land use and water

Section 6. Amends s. 403.851 to state the intent that
safe drinking water supply be assured through a

state/regional/county system of integrated planning, regulation,
and monitoring.

Waste Disposal and Management

Section 7. Amends s. 387.09 to state the intent that
septic tanks are one element in the waste system addressed in
Chapter 403.

Section 8. Amends s. 403.0615 to state the intent that
DER allocate funds for water restoration when regional and local
agencies work together to manage the subject waters.

Section 9. Amends s. 403.702 to state the intent that
there be a statewide waste management program, that local
governments provide better solid-waste management, that a three-
tiered system of management and regulation of all wastes be
created, that the state regulate hazardous management, and that
hazardous and toxic wastes from outside Florida be regulated by
the state.

Urban Sprawl

Section 10. Amends s. 334.02 to state the intent that
transportation is a critical determinant in growth development
patterns and land use; that future transportation systems be
consistent with state growth management and land use plans; that
emphasis be placed on systems in areas where growth is expected
to occur; that DOT coordinate with others in planning systems;
that such systems result from deliberate attempts to manage the
extent and location of growth, not that they result from the
pressures and needs that unplanned and uncoordinated growth
create; and that reduction of automobiles use be part of DOT's
planning for transportation facilities.

Section 11. Amends s. 334.211 to state the intent that
DOT plan systems for areas where growth is expected to occur, the
DOT's plan be integrated with other local growth management
plans, that DOT be in compliance with state and regional growth
management and land use plans, and that DOT adopt local plans
consistent with the state's plans.

Section 12. Amends s. 341.021 to state the intent that
multimodal transportation systems can effectively manage growth
so as to create urbanized centers, insure the separation between
urban and rural land uses, and achieve efficiency in local
government services.

Quality Education

Section 13. Amends s. 228.002 to state the intent that
educational opportunities be available to all Florida citizens
for career and personal development.

Section 14. Amends s. 228.01 to state the intent that the
state plan for education address at least three broad goals:
mastery of the basic skills, mastery of vocational competencies
for entry level employment, and organization of advanced training
to meet needs for highly-trained specialists and well-educated

Section 15. Amends s. 228.02 to state the intent that
educational achievement of Florida students be in the tope
twenty-five percent nationwide and that the State Board of
Education work toward this goal.

Improved Health Care

Section 16. Amends s. 154.01 to state the intent that the
state provide an environment free of health threatening agents
and conditions and that local health units play a substantial
role in this effort.

Section 17. Amends s. 154.203 to state the intent that
public health facilities needs be determined based upon projected
growth management population increases and demographic makeup.

Section 18. Amends s. 154.302 to state the intent that
the state provide alternative means of health care delivery based
upon varying patient needs and the costs of such care.

Section 19. Amends s. 154.402 to state the intent that
the financing authority provided in this part be considered part
of the state's contribution toward assuring that Floridians
attain and maintain their maximum potential mental and physical

Section 20. Amends s. 381.493 to state the intent that
health facilities and services be planned for based upon the
projected needs of a community resulting from growth and
development and the unique needs of the various demographic
groups within the new population.

Section 21. Amends s. 395.02 to state the intent that the
construction of hospitals and ambulatory surgical centers be
based in part upon the changes in the needs of the future
population to be served.

Section 22. Amends s. 401.24 to state the intent that the
state emergency and nonemergency medical services plan take into
consideration the needs of unique population that might require
such services in a natural disaster because of infirmities or
because of location of residence.

Section 23. Amends s. 410.016 to state the intent that
Florida's elderly population, which will constitute an ever
larger proportion of the state's population, be able to continue
to make positive contributions to society.


No impacts are anticipated because of any of the
amendments in the bill.


Generally, the amendments in the bill should have the
result of managing growth to the extent the programs are forward
looking and are not implemented at cross purposes.


The patterns of growth affect every aspect of Florida's
future. Growth means bigger cities, a more diverse economy,
shifts in where people live and do business, and changes in the
age composition of the population.

About one-third of Florida's population--3.2 million--now
lives in the three urban southeast Florida counties of Dade,
Broward, and Palm Beach. Another quarter--2.4 million--lives in
the urban counties of Pinellas, Hillsborough, Duval, and Orange.
By 1985, fifty-six percent of Florida's people are expected to
live in these seven counties.

Florida's age composition is changing, too. Now almost
seventeen percent of Florida's citizens are age 65 or older, but
by 1990, just over twenty-one percent will be in that age group.
Already in three counties--Charlotte, Pasco, and Sarasota--thirty
percent or more of the people are over 64. The percentages of
senior citizens are also high and rising in the urban counties of
Dade, Broward, and Palm Beach.

By 1985, Florida's oldest residents, those 65 or older,
are projected to outnumber its youngest citizens, those 14 and
under, by 2,038,000 to 2,022,800.

If growth is well managed, it can strengthen Florida's
economy and offer many new opportunities. New jobs in high
technology industries, a higher standard of living, and better
access to a wide variety of products and services can benefit all

But if Florida fails to manage growth wisely, new arrivals
can clog Florida's transportation system, harm its educational
institutions, overtax its police and firefighting services,
overburden its capital infrastructure, and overwhelm its health
and social services system.

Constant, unmanaged, wild growth endangers the environment
that remains a major reason why so many people want to move to
Florida. Unmanaged growth threatens prime agricultural lands. It
uses up natural resources, degrades Florida's clean water and
air, and makes social problems worse.

Uncontrolled growth is also expensive. It prompts sudden
unexpected demands for roads, water and sewer lines, power
plants, and hazardous waste control.

It is therefore important that the Legislature as
Florida's prime policy body begin to deal comprehensively with
the problems and opportunities growth brings. Amending intent
language is, however, only the first step in a continuing process
that must include, if it is to be successful, substantive change
to programs (either through legislative or executive action),
structural organizational and governance changes if needed, and
legislative oversight to insure compliance with legislative
policy direction and the state's long-term goals.

Ultimately the Legislature must pinpoint and hold
accountable a few key managers in the executive branch for day-
to-day adherence to these goals. Such a system of accountability
does not necessarily demand a single point of responsibility, but
there should be a limited number of persons, with clearly
delineated roles, and an appropriate coordinating scheme to
insure integration and communication.

Analysis prepared by: George H. Meier t.

Committee Chairman's review: Representative Ray rti

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