House Bill 0237

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    Florida House of Representatives - 2000                 HB 237

        By Representatives Lawson and Turnbull






  1                      A bill to be entitled

  2         An act relating to correctional facilities;

  3         prohibiting the Department of Corrections or

  4         the Department of Children and Family Services

  5         from locating a state correctional institution

  6         or a facility for sexually violent predators

  7         within a specified distance from a public or

  8         private school, a child care facility, or a

  9         place where children congregate; requiring the

10         Department of Children and Family Services, in

11         proposing a site for a facility for sexually

12         violent predators, to request the local

13         government to determine compliance with local

14         plans and ordinances; providing for the

15         department to request modification of any local

16         plan or ordinance; authorizing the Department

17         of Children and Family Services to appeal a

18         decision of a local government to the Governor

19         and Cabinet; providing requirements for the

20         Governor and Cabinet in reviewing such appeal;

21         authorizing the Governor and Cabinet to adopt

22         rules; providing for judicial review of a

23         decision of the Governor and Cabinet; providing

24         an effective date.

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

27

28         Section 1.  A state correctional institution under the

29  jurisdiction of the Department of Corrections or a secure

30  facility for sexually violent predators under the jurisdiction

31  of the Department of Children and Family Services may not be

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    Florida House of Representatives - 2000                 HB 237

    113-288-00






  1  located within 5 blocks of the real property that comprises a

  2  public or private elementary school, middle school, or

  3  secondary school; a child care facility as defined in section

  4  402.302, Florida Statutes; or a park, playground, or other

  5  place where children regularly congregate.

  6         Section 2.  Siting of secure facilities for sexually

  7  violent predators.--

  8         (1)  When the Department of Children and Family

  9  Services proposes a site for a secure facility for sexually

10  violent predators, it must request that the local government

11  having jurisdiction over such proposed site determine whether

12  the proposed site complies with local government comprehensive

13  plans, local land-use ordinances, local zoning ordinances, and

14  other local ordinances in effect at the time of such request.

15  If such determination is not made within 90 days after the

16  request, it is presumed that the proposed site complies with

17  such plans and ordinances.

18         (2)  If the local government determines within 90 days

19  after the request that construction of a secure facility for

20  sexually violent predators on the proposed site does not

21  comply with any such plan or ordinance, the Department of

22  Children and Family Services may request a modification of

23  such plan or ordinance without having an ownership interest in

24  such property. For the purposes of this section, modification

25  includes, but is not limited to, a variance, rezoning, special

26  exception, or any other action of the local government having

27  jurisdiction over the proposed site which would authorize

28  siting of a secure facility.

29         (3)  Upon receipt of a request for modification from

30  the Department of Children and Family Services, the local

31  government may recommend alternative sites to the department

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    Florida House of Representatives - 2000                 HB 237

    113-288-00






  1  and must give notice and hold a public hearing on the request

  2  for modification in the same manner as for a rezoning as

  3  provided under the appropriate special or local law or

  4  ordinance, except that such proceeding shall be recorded by

  5  tape or by a certified court reporter and made available for

  6  transcription at the expense of any interested party.

  7         (4)  When the Department of Children and Family

  8  Services requests such a modification and it is denied by the

  9  local government or there is no action on such request within

10  90 days after the request, the department may appeal the

11  decision of the local government on the requested modification

12  of local plans or ordinances to the Governor and Cabinet.

13         (5)  The Governor and Cabinet shall consider the

14  following when determining whether to grant the appeal from

15  the decision of the local government on the requested

16  modification:

17         (a)  The record of the proceedings before the local

18  government.

19         (b)  Reports and studies by any other agency relating

20  to matters within the jurisdiction of such agency, which

21  matters may be potentially affected by the proposed site.

22         (c)  Existing studies and reports and information

23  maintained by the Department of Corrections or the Department

24  of Children and Family Services which address the feasibility

25  and availability of alternative sites in the general area.

26         (6)  The Governor and Cabinet, upon determining that

27  the local government has recommended no feasible alternative

28  site and that the interests of the state in providing secure

29  facilities for sexually violent predators outweigh the

30  concerns of the local government, shall authorize construction

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    Florida House of Representatives - 2000                 HB 237

    113-288-00






  1  and operation of the facility on the proposed site,

  2  notwithstanding any local plan or ordinance.

  3         (7)  The Governor and Cabinet may adopt rules of

  4  procedure to govern proceedings conducted under this section.

  5         (8)  Actions taken by the department or the Governor

  6  and Cabinet pursuant to this section are not subject to

  7  sections 120.56, 120.569, and 120.57, Florida Statutes. The

  8  decision by the Governor and Cabinet is subject to judicial

  9  review under section 120.68, Florida Statutes, in the District

10  Court of Appeal, First District.

11         Section 3.  This act shall take effect upon becoming a

12  law.

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14            *****************************************

15                          SENATE SUMMARY

16    Prohibits a state correctional institution or a facility
      for sexually violent predators from being located within
17    5 blocks of a public or private elementary school, middle
      school, or secondary school; a child care facility; or a
18    park or other place where children congregate. Requires
      that the Department of Children and Family Services
19    request that the local government determine compliance
      with plans and ordinances whenever the department
20    proposes siting or constructing a facility for sexually
      violent predators. Provides for the Department of
21    Children and Family Services to appeal a decision of a
      local government concerning such siting to the Governor
22    and Cabinet. Provides for the First District Court of
      Appeal to review a final decision of the Governor and
23    Cabinet. (See bill for details.)

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