House Bill 0237c1

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    Florida House of Representatives - 2000              CS/HB 237

        By the Committee on Corrections and Representatives
    Lawson, Turnbull and Trovillion





  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; providing

10         clarification with regard to use, expansion,

11         and renovation of existing structures,

12         facilities, and institutions; requiring the

13         Department of Children and Family Services, in

14         proposing a site for a facility for sexually

15         violent predators, to request the local

16         government to determine compliance with local

17         plans and ordinances; requiring a public

18         hearing; providing for the department to

19         request modification of any local plan or

20         ordinance; authorizing the Department of

21         Children and Family Services to appeal a

22         decision of a local government to the Governor

23         and Cabinet; providing requirements for the

24         Governor and Cabinet in reviewing such appeal;

25         authorizing the Governor and Cabinet to adopt

26         rules; providing for judicial review of a

27         decision of the Governor and Cabinet; providing

28         an effective date.

29

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

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    Florida House of Representatives - 2000              CS/HB 237

    180-421-00






  1         Section 1.  A state correctional institution under the

  2  jurisdiction of the Department of Corrections or the

  3  Correctional Privatization Commission or a secure facility for

  4  sexually violent predators under the jurisdiction of the

  5  Department of Children and Family Services may not be located

  6  within a one-half mile radius of the real property that

  7  comprises a public or private elementary school, middle

  8  school, or secondary school; a child care facility as defined

  9  in section 402.302, Florida Statutes; or a park, playground,

10  or other place where children regularly congregate. However,

11  nothing herein shall be construed to limit the use, expansion,

12  or renovation of existing structures, facilities, or

13  institutions which are now or have previously been used as

14  correctional facilities by the Department of Corrections or

15  the Correctional Privatization Commission or facilities for

16  sexually violent predators under the jurisdiction of the

17  Department of Children and Family Services.

18         Section 2.  Siting of secure facilities for sexually

19  violent predators.--

20         (1)  When the Department of Children and Family

21  Services proposes a site for a secure facility for sexually

22  violent predators, it must request that the local government

23  having jurisdiction over such proposed site determine whether

24  the proposed site complies with local government comprehensive

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

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

27  Upon receipt of such request, the appropriate local government

28  must give notice and the appropriate agency must hold a public

29  hearing on the request within 60 days after the request is

30  submitted in the same manner as for a rezoning as provided

31  under the appropriate special or local law or ordinance,

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    Florida House of Representatives - 2000              CS/HB 237

    180-421-00






  1  except that such proceedings shall be recorded by tape or a

  2  certified court reporter and made available for transcription

  3  at the expense of any interested party.

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

  5  after the request that construction of a secure facility for

  6  sexually violent predators on the proposed site does not

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

  8  Children and Family Services may request a modification of

  9  such plan or ordinance without having an ownership interest in

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

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

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

13  jurisdiction over the proposed site which would authorize

14  siting of a secure facility.

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

16  the Department of Children and Family Services, the local

17  government may recommend alternative sites to the department

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

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

20  provided under the appropriate special or local law or

21  ordinance, except that such proceeding shall be recorded by

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

23  transcription at the expense of any interested party.

24         (4)  When the Department of Children and Family

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

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

27  90 days after the request, the department may appeal the

28  decision of the local government on the requested modification

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

30         (5)  The Governor and Cabinet shall consider the

31  following when determining whether to grant the appeal from

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    Florida House of Representatives - 2000              CS/HB 237

    180-421-00






  1  the decision of the local government on the requested

  2  modification:

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

  4  government.

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

  6  to matters within the jurisdiction of such agency, which

  7  matters may be potentially affected by the proposed site.

  8         (c)  Existing studies and reports and information

  9  maintained by the Department of Corrections or the Department

10  of Children and Family Services which address the feasibility

11  and availability of alternative sites in the general area.

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

13  the local government has recommended no feasible alternative

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

15  facilities for sexually violent predators outweigh the

16  concerns of the local government, shall authorize construction

17  and operation of the facility on the proposed site,

18  notwithstanding any local plan or ordinance.

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

20  procedure to govern proceedings conducted under this section.

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

22  and Cabinet pursuant to this section are not subject to

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

24  decision by the Governor and Cabinet is subject to judicial

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

26  Court of Appeal, First District.

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

28  law.

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