House Bill 0237
CODING: Words stricken are deletions; words underlined are additions.
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:
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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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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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