HB 1059

1
A bill to be entitled
2An act relating to the Florida School for the Deaf and the
3Blind; amending s. 11.45, F.S.; requiring the Auditor
4General to conduct audits of the accounts and records of
5the Florida School for the Deaf and the Blind; amending s.
61001.20, F.S.; including the Florida School for the Deaf
7and Blind in the entities subject to inspection by the
8Department of Education's Inspector General; amending s.
91002.36, F.S., relating to the Florida School for the Deaf
10and the Blind; providing that the school is a component of
11the delivery of public education within Florida's K-20
12education system; requiring certain compliance; revising
13audit requirements; revising provisions specifying
14authority of the Board of Trustees for the Florida School
15for the Deaf and the Blind to perform certain actions;
16revising the power and authority of the board of trustees;
17revising duties of the board of trustees; amending s.
181013.30, F.S.; expanding provisions relating to university
19master plans and campus development agreements to be
20applicable to the Florida School for the Deaf and the
21Blind; providing requirements for campus planning and
22concurrency management for the school; defining the term
23"institution" to include universities and the Florida
24School for the Deaf and the Blind; reenacting s.
25163.3177(6)(h), F.S., relating to the intergovernmental
26element of comprehensive plans, to incorporate the
27amendment to s. 1013.30, F.S., in a reference thereto;
28providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Paragraphs (f) through (k) of subsection (2) of
33section 11.45, Florida Statutes, are redesignated as paragraphs
34(g) through (l), respectively, and a new paragraph (f) is added
35to said subsection to read:
36     11.45  Definitions; duties; authorities; reports; rules.--
37     (2)  DUTIES.--The Auditor General shall:
38     (f)  Annually conduct audits of the accounts and records of
39the Florida School for the Deaf and the Blind.
40
41The Auditor General shall perform his or her duties
42independently but under the general policies established by the
43Legislative Auditing Committee. This subsection does not limit
44the Auditor General's discretionary authority to conduct other
45audits or engagements of governmental entities as authorized in
46subsection (3).
47     Section 2.  Paragraph (e) of subsection (4) of section
481001.20, Florida Statutes, is amended to read:
49     1001.20  Department under direction of state board.--
50     (4)  The Department of Education shall establish the
51following offices within the Office of the Commissioner of
52Education which shall coordinate their activities with all other
53divisions and offices:
54     (e)  Office of Inspector General.--Organized using existing
55resources and funds and responsible for promoting
56accountability, efficiency, and effectiveness and detecting
57fraud and abuse within school districts, the Florida School for
58the Deaf and the Blind, community colleges, and state
59universities in Florida. If the Commissioner of Education
60determines that a district school board, the Board of Trustees
61for the Florida School for the Deaf the Blind, or a public
62postsecondary educational institution board is unwilling or
63unable to address substantiated allegations made by any person
64relating to waste, fraud, or financial mismanagement, the office
65shall conduct, coordinate, or request investigations into
66substantiated allegations made by any person relating to waste,
67fraud, or financial mismanagement within school districts, the
68Florida School for the Deaf and the Blind, community colleges,
69and state universities in Florida. The office shall have access
70to all information and personnel necessary to perform its duties
71and shall have all of its current powers, duties, and
72responsibilities authorized in s. 20.055.
73     Section 3.  Subsections (1), (3), and (4) of section
741002.36, Florida Statutes, are amended to read:
75     1002.36  Florida School for the Deaf and the Blind.--
76     (1)  RESPONSIBILITIES.--The Florida School for the Deaf and
77the Blind is a state-supported residential school for hearing-
78impaired and visually impaired students in preschool through
7912th grade. The school is a component of the delivery of public
80education within Florida's K-20 education system part of the
81state system of public education and shall be funded through the
82Department of Education. The school shall provide educational
83programs and support services appropriate to meet the education
84and related evaluation and counseling needs of hearing-impaired
85and visually impaired students in the state who meet enrollment
86criteria. Unless otherwise provided by law, the school shall
87comply with all laws and rules generally applicable to state
88agencies. Education services may be provided on an outreach
89basis for sensory-impaired children ages 0 through 5 years and
90their parents. Graduates of the Florida School for the Deaf and
91the Blind shall be eligible for the William L. Boyd, IV, Florida
92Resident Access Grant Program as provided in s. 1009.89.
93     (3)  AUDITS.--The Auditor General shall conduct annual
94audits of audit the accounts and records of the Florida School
95for the Deaf and the Blind as provided in chapter 11. The
96Department of Education?s Inspector General is authorized to
97conduct investigations at the school as provided in s.
981001.20(4)(e).
99     (4)  BOARD OF TRUSTEES.--
100     (a)  There is hereby created a Board of Trustees for the
101Florida School for the Deaf and the Blind which shall consist of
102seven members. Of these seven members, one appointee shall be a
103blind person and one appointee shall be a deaf person. Each
104member shall have been a resident of the state for a period of
105at least 10 years. Their terms of office shall be 4 years. The
106appointment of the trustees shall be by the Governor with the
107confirmation of the Senate. The Governor may remove any member
108for cause and shall fill all vacancies that occur.
109     (b)  The board of trustees shall elect a chair annually.
110The trustees shall be reimbursed for travel expenses as provided
111in s. 112.061, the accounts of which shall be paid by the Chief
112Financial Officer upon itemized vouchers duly approved by the
113chair.
114     (c)  The board of trustees has authority to adopt rules
115pursuant to ss. 120.536(1) and 120.54 to implement provisions of
116law relating to operation of the Florida School for the Deaf and
117the Blind. Such rules shall be submitted to the State Board of
118Education for approval or disapproval. After a rule is approved
119If any rule is not disapproved by the State Board of Education
120within 60 days of its receipt by the State Board of Education,
121the rule shall be filed immediately with the Department of
122State. The board of trustees shall act at all times in
123conjunction with the rules of the State Board of Education.
124     (d)  The board of trustees is a body corporate and shall
125have a corporate seal. Unless otherwise provided by law, all
126actions of the board of trustees shall be consistent with all
127laws and rules applicable to state agencies. Title to any gift,
128donation, or bequest received by the board of trustees pursuant
129to subparagraph (e)13. subsection (5) shall vest in the board of
130trustees. Title to all other property and other assets of the
131Florida School for the Deaf and the Blind shall vest in the
132State Board of Education, but the board of trustees shall have
133complete jurisdiction over the management of the school. and
134     (e)  The board of trustees is invested with full power and
135authority to:
136     1.  Appoint a president, faculty, teachers, and other
137employees and remove the same as in its judgment may be best and
138fix their compensation.; to
139     2.  Reemploy certain retired members of the Florida
140Retirement System as substitute teachers, substitute residential
141instructors, or substitute nurses as provided in s. 121.091.
142     3.  Extend the period that certain employees may
143participate in the Deferred Retirement Option Program as
144provided in s. 121.091.
145     4.  Procure professional services, such as medical, mental
146health, architectural, and engineering., and legal services; to
147     5.  Procure legal services without the prior written
148approval of the Attorney General.
149     6.  Determine eligibility of students and procedure for
150admission.; to
151     7.  Provide for the students of the school necessary
152bedding, clothing, food, and medical attendance and such other
153things as may be proper for the health and comfort of the
154students without cost to their parents, except that the board of
155trustees may set tuition and other fees for nonresidents.; to
156     8.  Provide for the proper keeping of accounts and records
157and for budgeting of funds.; to
158     9.  Enter into contracts.; to
159     10.  Sue and be sued.; to
160     11.  Secure public liability insurance.; and to
161     12.  Do and perform every other matter or thing requisite
162to the proper management, maintenance, support, and control of
163the school at the highest efficiency economically possible, the
164board of trustees taking into consideration the purposes of the
165establishment.
166     13.(e)1.  The board of trustees is authorized to Receive
167gifts, donations, and bequests of money or property, real or
168personal, tangible or intangible, from any person, firm,
169corporation, or other legal entity. However, the board of
170trustees may not obligate the state to any expenditure or policy
171that is not specifically authorized by law.
172     2.  If the bill of sale, will, trust indenture, deed, or
173other legal conveyance specifies terms and conditions concerning
174the use of such money or property, the board of trustees shall
175observe such terms and conditions.
176     14.3.  The board of trustees may Deposit outside the State
177Treasury such moneys as are received as gifts, donations, or
178bequests and may disburse and expend such moneys, upon its own
179warrant, for the use and benefit of the Florida School for the
180Deaf and the Blind and its students, as the board of trustees
181deems to be in the best interest of the school and its students.
182Such money or property shall not constitute or be considered a
183part of any legislative appropriation, and such money shall not
184be used to compensate any person for engaging in lobbying
185activities before the House of Representatives or Senate or any
186committee thereof.
187     15.4.  The board of trustees may Sell or convey by bill of
188sale, deed, or other legal instrument any property, real or
189personal, received as a gift, donation, or bequest, upon such
190terms and conditions as the board of trustees deems to be in the
191best interest of the school and its students.
192     16.5.  The board of trustees may Invest such moneys in
193securities enumerated under s. 218.415(16)(a)-(f) s. 215.47, and
194in The Common Fund, an Investment Management Fund exclusively
195for nonprofit educational institutions.
196     (f)  The board of trustees shall:
197     1.  Prepare and submit legislative budget requests for
198operations and fixed capital outlay, including fixed capital
199outlay requests, in accordance with chapter 216 and ss. s.
2001011.56 and 1013.60, to the Department of Education for review
201and approval. The department must analyze the amount requested
202for fixed capital outlay to determine if the request is
203consistent with the school's campus master plan, educational
204plant survey, and facilities master plan.
205     2.  Approve and administer an annual operating budget in
206accordance with ss. 1011.56 and 1011.57.
207     3.  Require all funds received other than gifts, donations,
208and bequests to be deposited in the State Treasury and expended
209as authorized in the General Appropriations Act.
210     4.  Require all purchases to be in accordance with the
211provisions of chapter 287.
212     5.2.  Administer and maintain personnel programs for all
213employees of the board of trustees and the Florida School for
214the Deaf and the Blind who shall be state employees, including
215the personnel classification and pay plan established in
216accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
217academic and academic administrative personnel, the provisions
218of chapter 110, and the provisions of law that grant authority
219to the Department of Management Services over such programs for
220state employees.
221     6.  Give preference in appointment and retention in
222positions of employment as provided within s. 295.07(1).
223     7.  Ensure that the Florida School for the Deaf and the
224Blind complies with s. 1013.30 concerning campus master plans
225and campus development agreements.
226     8.  Ensure that the Florida School for the Deaf and the
227Blind complies with s. 112.061 concerning per diem and travel
228expenses of public officers, employees, and authorized persons.
229     9.3.  Adopt a master plan which specifies the mission and
230objectives of the Florida School for the Deaf and the Blind. The
231plan shall include, but not be limited to, procedures for
232systematically measuring the school's progress toward meeting
233its objectives, analyzing changes in the student population, and
234modifying school programs and services to respond to such
235changes. The plan shall be for a period of 5 years and shall be
236reviewed for needed modifications every 2 years. The board of
237trustees shall submit the initial plan and subsequent
238modifications to the Speaker of the House of Representatives and
239the President of the Senate.
240     4.  Seek the advice of the Division of Public Schools
241within the Department of Education.
242     10.(g)  The Board of Trustees for the Florida School for
243the Deaf and the Blind, located in St. Johns County, shall
244Designate a portion of the school as "The Verle Allyn Pope
245Complex for the Deaf," in tribute to the late Senator Verle
246Allyn Pope.
247     Section 4.  Section 1013.30, Florida Statutes, is amended
248to read:
249     1013.30  University Campus master plans and campus
250development agreements for universities and the Florida School
251for the Deaf and the Blind.--
252     (1)  This section contains provisions for campus planning
253and concurrency management that supersede the requirements of
254part II of chapter 163, except when stated otherwise in this
255section. These special growth management provisions are adopted
256in recognition of the unique relationship between university
257campuses of universities and the Florida School for the Deaf and
258the Blind and the local governments in which they are located.
259While the campuses provide research and educational benefits of
260statewide and national importance, and further provide
261substantial educational, economic, and cultural benefits to
262their host local governments, they may also have an adverse
263impact on the public facilities and services and natural
264resources of host governments. On balance, however, universities
265and the Florida School for the Deaf and the Blind should be
266considered as vital public facilities of the state and local
267governments. The intent of this section is to address this
268unique relationship by providing for the preparation of campus
269master plans and associated campus development agreements.
270     (2)  As used in this section:
271     (a)  "Affected local government" means a unit of local
272government that provides public services to or is responsible
273for maintaining facilities within a campus of an institution or
274is directly affected by development that is proposed for a
275campus.
276     (b)  "Affected person" means a host local government; an
277affected local government; any state, regional, or federal
278agency; or a person who resides, owns property, or owns or
279operates a business within the boundaries of a host local
280government or affected local government.
281     (c)  "Host local government" means a local government
282within the jurisdiction of which all or part of a campus of an
283institution is located, but does not include a county if no part
284of an institution is located within its unincorporated area.
285     (d)  "Institution" means a university and the Florida
286School for the Deaf and the Blind.
287     (3)  Each institution's university board of trustees shall
288prepare and adopt a campus master plan for the institution
289university. The master plan must identify general land uses and
290address the need for and plans for provision of roads, parking,
291public transportation, solid waste, drainage, sewer, potable
292water, and recreation and open space during the coming 10 to 20
293years. The plans must contain elements relating to future land
294use, intergovernmental coordination, capital improvements,
295recreation and open space, general infrastructure, housing, and
296conservation. Each element must address compatibility with the
297surrounding community. The master plan must identify specific
298land uses, location of structures, densities and intensities of
299use, and contain standards for onsite development, site design,
300environmental management, and the preservation of historic and
301archaeological resources. The transportation element must
302address reasonable transportation demand management techniques
303to minimize offsite impacts where possible. Data and analyses on
304which the elements are based must include, at a minimum: the
305characteristics of vacant lands; projected impacts of
306development on onsite and offsite infrastructure, public
307services, and natural resources; student enrollment projections;
308student housing needs; and the need for academic and support
309facilities. Master plans must be updated at least every 5 years.
310     (4)  Campus master plans may contain additional elements at
311the discretion of the State Board of Education; however, such
312elements are not subject to review under this section. These
313additional elements may include the academic mission of the
314institution, academic program, utilities, public safety,
315architectural design, landscape architectural design, and
316facilities maintenance.
317     (5)  Subject to the right of the institution's university
318board of trustees to initiate the dispute resolution provisions
319of subsection (8), a campus master plan must not be in conflict
320with the comprehensive plan of the host local government and the
321comprehensive plan of any affected local governments. A campus
322master plan must be consistent with the state comprehensive
323plan.
324     (6)  Before a campus master plan is adopted, a copy of the
325draft master plan must be sent for review to the host and any
326affected local governments, the state land planning agency, the
327Department of Environmental Protection, the Department of
328Transportation, the Department of State, the Fish and Wildlife
329Conservation Commission, and the applicable water management
330district and regional planning council. These agencies must be
331given 90 days after receipt of the campus master plans in which
332to conduct their review and provide comments to the
333institution's university board of trustees. The commencement of
334this review period must be advertised in newspapers of general
335circulation within the host local government and any affected
336local government to allow for public comment. Following receipt
337and consideration of all comments, and the holding of at least
338two public hearings within the host jurisdiction, the
339institution's university board of trustees shall adopt the
340campus master plan. It is the intent of the Legislature that the
341institution's university board of trustees comply with the
342notice requirements set forth in s. 163.3184(15) to ensure full
343public participation in this planning process. Campus master
344plans developed under this section are not rules and are not
345subject to chapter 120 except as otherwise provided in this
346section.
347     (7)  Notice that the campus master plan has been adopted
348must be forwarded within 45 days after its adoption to any
349affected person that submitted comments on the draft campus
350master plan. The notice must state how and where a copy of the
351master plan may be obtained or inspected. Within 30 days after
352receipt of the notice of adoption of the campus master plan, or
35330 days after the date the adopted plan is available for review,
354whichever is later, an affected person who submitted comments on
355the draft master plan may petition the institution's university
356board of trustees, challenging the campus master plan as not
357being in compliance with this section or any rule adopted under
358this section. The petition must state each objection, identify
359its source, and provide a recommended action. A petition filed
360by an affected local government may raise only those issues
361directly pertaining to the public facilities or services that
362the affected local government provides to or maintains within
363the campus or to the direct impact that campus development would
364have on the affected local government.
365     (8)  Following receipt of a petition, the petitioning party
366or parties and the institution's university board of trustees
367shall mediate the issues in dispute as follows:
368     (a)  The parties have 60 days to resolve the issues in
369dispute. Other affected parties that submitted comments on the
370draft campus master plan must be given the opportunity to
371participate in these and subsequent proceedings.
372     (b)  If resolution of the matter cannot be achieved within
37360 days, the issues must be submitted to the state land planning
374agency. The state land planning agency has 60 days to hold
375informal hearings, if necessary, identify the issues remaining
376in dispute, prepare a record of the proceedings, and submit the
377matter to the Administration Commission for final action. The
378report to the Administration Commission must list each issue in
379dispute, describe the nature and basis for each dispute,
380identify alternative resolutions of the dispute, and make
381recommendations.
382     (c)  After receiving the report from the state land
383planning agency, the Administration Commission shall take action
384to resolve the issues in dispute. In deciding upon a proper
385resolution, the Administration Commission shall consider the
386nature of the issues in dispute, the compliance of the parties
387with this section, the extent of the conflict between the
388parties, the comparative hardships, and the public interest
389involved. If the Administration Commission incorporates in its
390final order a term or condition that specifically requires the
391institution's university board of trustees or a local government
392to amend or modify its plan, the institution's university board
393of trustees shall have a reasonable period of time to amend or
394modify its plan, and a local government shall initiate the
395required plan amendment, which shall be exempt from the
396requirements of s. 163.3187(1). Any required amendment to a
397local government comprehensive plan must be limited in scope so
398as to only relate to specific impacts attributable to the campus
399development. The final order of the Administration Commission is
400subject to judicial review as provided in s. 120.68.
401     (9)  An amendment to a campus master plan must be reviewed
402and adopted under subsections (6)-(8) if such amendment, alone
403or in conjunction with other amendments, would:
404     (a)  Increase density or intensity of use of land on the
405campus by more than 10 percent;
406     (b)  Decrease the amount of natural areas, open space, or
407buffers on the campus by more than 10 percent; or
408     (c)  Rearrange land uses in a manner that will increase the
409impact of any proposed campus development by more than 10
410percent on a road or on another public facility or service
411provided or maintained by the state, the county, the host local
412government, or any affected local government.
413     (10)  Upon adoption of a campus master plan, the
414institution's university board of trustees shall draft a
415proposed campus development agreement for each local government
416and send it to the local government within 270 days after the
417adoption of the relevant campus master plan.
418     (11)  At a minimum, each campus development agreement:
419     (a)  Must identify the geographic area of the campus and
420local government covered by the campus development agreement.
421     (b)  Must establish its duration, which must be at least 5
422years and not more than 10 years.
423     (c)  Must address public facilities and services including
424roads, sanitary sewer, solid waste, drainage, potable water,
425parks and recreation, and public transportation.
426     (d)  Must, for each of the facilities and services listed
427in paragraph (c), identify the level-of-service standard
428established by the applicable local government, identify the
429entity that will provide the service to the campus, and describe
430any financial arrangements between the State Board of Education
431and other entities relating to the provision of the facility or
432service.
433     (e)  Must, for each of the facilities and services listed
434in paragraph (c), determine the impact of existing and proposed
435campus development reasonably expected over the term of the
436campus development agreement on each service or facility and any
437deficiencies in such service or facility which the proposed
438campus development will create or to which it will contribute.
439     (f)  May, if proposed by the institution's university board
440of trustees, address the issues prescribed in paragraphs (d) and
441(e) with regard to additional facilities and services,
442including, but not limited to, electricity, nonpotable water,
443law enforcement, fire and emergency rescue, gas, and telephone.
444     (g)  Must, to the extent it addresses issues addressed in
445the campus master plan and host local government comprehensive
446plan, be consistent with the adopted campus master plan and host
447local government comprehensive plan.
448     (12)(a)  Each proposed campus development agreement must
449clearly identify the lands to which the institution's university
450board of trustees intends the campus development agreement to
451apply.
452     (b)  Such land may include:
453     1.  Land to be purchased by the institution's university
454board of trustees and if purchased with state appropriated funds
455titled in the name of the board of trustees of the Internal
456Improvement Trust Fund for use by an institution over the life
457of the campus development agreement.
458     2.  Land not owned by the board of trustees of the Internal
459Improvement Trust Fund if the institution's university board of
460trustees intends to undertake development activities on the land
461during the term of the campus development agreement.
462     (c)  Land owned by the Board of Trustees of the Internal
463Improvement Trust Fund for lease to the State Board of Education
464acting on behalf of the institution may be excluded, but any
465development activity undertaken on excluded land is subject to
466part II of chapter 163.
467     (13)  With regard to the impact of campus development on
468the facilities and services listed in paragraph (11)(c), the
469following applies:
470     (a)  All improvements to facilities or services which are
471necessary to eliminate the deficiencies identified in paragraph
472(11)(e) must be specifically listed in the campus development
473agreement.
474     (b)  The institution's university board of trustees' fair
475share of the cost of the measures identified in paragraph (a)
476must be stated in the campus development agreement. In
477determining the fair share, the effect of any demand management
478techniques, which may include such techniques as flexible work
479hours and carpooling, that are used by the State Board of
480Education to minimize the offsite impacts shall be considered.
481     (c)  The institution's university board of trustees is
482responsible for paying the fair share identified in paragraph
483(b), and it may do so by:
484     1.  Paying a fair share of each of the improvements
485identified in paragraph (a); or
486     2.  Taking on full responsibility for the improvements,
487selected from the list of improvements identified in paragraph
488(a), and agreed to between the host local government and the
489State Board of Education, the total cost of which equals the
490contribution identified in paragraph (b).
491     (d)  All concurrency management responsibilities of the
492institution's university board of trustees are fulfilled if the
493institution's university board of trustees expends the total
494amount of funds identified in paragraph (b) notwithstanding that
495the institution's university board of trustees may not have
496undertaken or made contributions to some of the measures
497identified in paragraph (a).
498     (e)  Capital projects included in the campus development
499agreement may be used by the local government for the
500concurrency management purposes.
501     (f)  Funds provided by institutions universities in
502accordance with campus development agreements are subject to
503appropriation by the Legislature. A development authorized by a
504campus development agreement may not be built until the funds to
505be provided pursuant to paragraph (b) are appropriated by the
506Legislature.
507     (14)  A campus development agreement may not address or
508include any standards or requirements for onsite development,
509including environmental management requirements or requirements
510for site preparation.
511     (15)  Once the institution's university board of trustees
512and host local government agree on the provisions of the campus
513development agreement, the campus development agreement shall be
514executed by the institution's university board of trustees and
515the host local government in a manner consistent with the
516requirements of s. 163.3225. Once the campus development
517agreement is executed, it is binding upon the institution's
518university board of trustees and host local government. A copy
519of the executed campus development agreement must be sent to the
520state land planning agency within 14 days after the date of
521execution.
522     (16)  If, within 180 days following the host local
523government's receipt of the proposed campus development
524agreement, the institution's university board of trustees and
525host local government cannot reach agreement on the provisions
526of the campus development agreement, the following procedures
527for resolving the matter must be followed:
528     (a)  The matter must be submitted to the state land
529planning agency, which has 60 days to hold informal hearings, if
530necessary, and identify the issues remaining in dispute, prepare
531a record of the proceedings, and submit the matter to the
532Administration Commission for final action. The report to the
533Administration Commission must list each issue in dispute,
534describe the nature and basis for each dispute, identify
535alternative resolutions of each dispute, and make
536recommendations.
537     (b)  After receiving the report from the state land
538planning agency, the Administration Commission shall take action
539to resolve the issues in dispute. In deciding upon a proper
540resolution, the Administration Commission shall consider the
541nature of the issues in dispute, the compliance of the parties
542with this section, the extent of the conflict between the
543parties, the comparative hardships, and the public interest
544involved. In resolving the matter, the Administration Commission
545may prescribe, by order, the contents of the campus development
546agreement.
547     (17)  Disputes that arise in the implementation of an
548executed campus development agreement must be resolved as
549follows:
550     (a)  Each party shall select one mediator and notify the
551other in writing of the selection. Thereafter, within 15 days
552after their selection, the two mediators selected by the parties
553shall select a neutral, third mediator to complete the mediation
554panel.
555     (b)  Each party is responsible for all costs and fees
556payable to the mediator selected by it and shall equally bear
557responsibility for the costs and fees payable to the third
558mediator for services rendered and costs expended in connection
559with resolving disputes pursuant to the campus development
560agreement.
561     (c)  Within 10 days after the selection of the mediation
562panel, proceedings must be convened by the panel to resolve the
563issues in dispute.
564     (d)  Within 60 days after the convening of the panel, the
565panel shall issue a report containing a recommended resolution
566of the issues in dispute.
567     (e)  If either the institution's university board of
568trustees or the local government rejects the recommended
569resolution of the issues in dispute, the disputed issues must be
570resolved pursuant to the procedures provided by subsection (16).
571     (18)  Once the campus development agreement is executed,
572all campus development may proceed without further review by the
573host local government if it is consistent with the adopted
574campus master plan and associated campus development agreement.
575     (19)  A campus development agreement may be amended under
576subsections (10)-(16):
577     (a)  In conjunction with any amendment to the campus master
578plan subject to the requirements in subsection (9).
579     (b)  If either party delays by more than 12 months the
580construction of a capital improvement identified in the
581agreement.
582     (20)  Any party to a campus development agreement or
583aggrieved or adversely affected person, as defined in s.
584163.3215(2), may file an action for injunctive relief in the
585circuit court where the host local government is located to
586enforce the terms of a campus development agreement or to
587challenge compliance of the agreement with this section. This
588action shall be the sole and exclusive remedy of an adversely
589affected person other than a party to the agreement to enforce
590any rights or obligations arising from a development agreement.
591     (21)  State and regional environmental program requirements
592remain applicable, except that this section supersedes all other
593sections of part II of chapter 163 and s. 380.06 except as
594provided in this section.
595     (22)  In consultation with the state land planning agency,
596the State Board of Education shall adopt rules implementing
597subsections (3)-(6). The rules must set specific schedules and
598procedures for the development and adoption of campus master
599plans.
600     (23)  Until the campus master plan and campus development
601agreement for an institution have been finalized, any dispute
602between the institution's university board of trustees and a
603local government relating to campus development for that
604institution shall be resolved by the process established in
605subsection (8).
606     Section 5.  For the purpose of incorporating the amendment
607to section 1013.30, Florida Statutes, in a reference thereto,
608paragraph (h) of subsection (6) of section 163.3177, Florida
609Statutes, is reenacted to read:
610     163.3177  Required and optional elements of comprehensive
611plan; studies and surveys.--
612     (6)  In addition to the requirements of subsections (1)-
613(5), the comprehensive plan shall include the following
614elements:
615     (h)1.  An intergovernmental coordination element showing
616relationships and stating principles and guidelines to be used
617in the accomplishment of coordination of the adopted
618comprehensive plan with the plans of school boards and other
619units of local government providing services but not having
620regulatory authority over the use of land, with the
621comprehensive plans of adjacent municipalities, the county,
622adjacent counties, or the region, with the state comprehensive
623plan and with the applicable regional water supply plan approved
624pursuant to s. 373.0361, as the case may require and as such
625adopted plans or plans in preparation may exist. This element of
626the local comprehensive plan shall demonstrate consideration of
627the particular effects of the local plan, when adopted, upon the
628development of adjacent municipalities, the county, adjacent
629counties, or the region, or upon the state comprehensive plan,
630as the case may require.
631     a.  The intergovernmental coordination element shall
632provide for procedures to identify and implement joint planning
633areas, especially for the purpose of annexation, municipal
634incorporation, and joint infrastructure service areas.
635     b.  The intergovernmental coordination element shall
636provide for recognition of campus master plans prepared pursuant
637to s. 1013.30.
638     c.  The intergovernmental coordination element may provide
639for a voluntary dispute resolution process as established
640pursuant to s. 186.509 for bringing to closure in a timely
641manner intergovernmental disputes. A local government may
642develop and use an alternative local dispute resolution process
643for this purpose.
644     2.  The intergovernmental coordination element shall
645further state principles and guidelines to be used in the
646accomplishment of coordination of the adopted comprehensive plan
647with the plans of school boards and other units of local
648government providing facilities and services but not having
649regulatory authority over the use of land. In addition, the
650intergovernmental coordination element shall describe joint
651processes for collaborative planning and decisionmaking on
652population projections and public school siting, the location
653and extension of public facilities subject to concurrency, and
654siting facilities with countywide significance, including
655locally unwanted land uses whose nature and identity are
656established in an agreement. Within 1 year of adopting their
657intergovernmental coordination elements, each county, all the
658municipalities within that county, the district school board,
659and any unit of local government service providers in that
660county shall establish by interlocal or other formal agreement
661executed by all affected entities, the joint processes described
662in this subparagraph consistent with their adopted
663intergovernmental coordination elements.
664     3.  To foster coordination between special districts and
665local general-purpose governments as local general-purpose
666governments implement local comprehensive plans, each
667independent special district must submit a public facilities
668report to the appropriate local government as required by s.
669189.415.
670     4.a.  Local governments adopting a public educational
671facilities element pursuant to s. 163.31776 must execute an
672interlocal agreement with the district school board, the county,
673and nonexempt municipalities, as defined by s. 163.31776(1),
674which includes the items listed in s. 163.31777(2). The local
675government shall amend the intergovernmental coordination
676element to provide that coordination between the local
677government and school board is pursuant to the agreement and
678shall state the obligations of the local government under the
679agreement.
680     b.  Plan amendments that comply with this subparagraph are
681exempt from the provisions of s. 163.3187(1).
682     5.  The state land planning agency shall establish a
683schedule for phased completion and transmittal of plan
684amendments to implement subparagraphs 1., 2., and 3. from all
685jurisdictions so as to accomplish their adoption by December 31,
6861999. A local government may complete and transmit its plan
687amendments to carry out these provisions prior to the scheduled
688date established by the state land planning agency. The plan
689amendments are exempt from the provisions of s. 163.3187(1).
690     6.  By January 1, 2004, any county having a population
691greater than 100,000, and the municipalities and special
692districts within that county, shall submit a report to the
693Department of Community Affairs which:
694     a.  Identifies all existing or proposed interlocal service-
695delivery agreements regarding the following: education; sanitary
696sewer; public safety; solid waste; drainage; potable water;
697parks and recreation; and transportation facilities.
698     b.  Identifies any deficits or duplication in the provision
699of services within its jurisdiction, whether capital or
700operational. Upon request, the Department of Community Affairs
701shall provide technical assistance to the local governments in
702identifying deficits or duplication.
703     7.  Within 6 months after submission of the report, the
704Department of Community Affairs shall, through the appropriate
705regional planning council, coordinate a meeting of all local
706governments within the regional planning area to discuss the
707reports and potential strategies to remedy any identified
708deficiencies or duplications.
709     8.  Each local government shall update its
710intergovernmental coordination element based upon the findings
711in the report submitted pursuant to subparagraph 6. The report
712may be used as supporting data and analysis for the
713intergovernmental coordination element.
714     9.  By February 1, 2003, representatives of municipalities,
715counties, and special districts shall provide to the Legislature
716recommended statutory changes for annexation, including any
717changes that address the delivery of local government services
718in areas planned for annexation.
719     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.