HB 1059CS

CHAMBER ACTION



1The Committee on State Administration recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Florida School for the Deaf and the
7Blind; amending s. 11.45, F.S.; requiring the Auditor
8General to conduct audits of the accounts and records of
9the Florida School for the Deaf and the Blind; amending s.
101001.20, F.S.; including the Florida School for the Deaf
11and Blind in the entities subject to inspection by the
12Department of Education's Inspector General; amending s.
131002.36, F.S.; providing that the Florida School for the
14Deaf and the Blind is a component of the delivery of
15public education within Florida's K-20 education system;
16requiring certain compliance; revising audit requirements;
17revising provisions specifying authority of the Board of
18Trustees for the Florida School for the Deaf and the Blind
19to perform certain actions; revising the power and
20authority of the board of trustees; revising duties of the
21board of trustees; amending s. 1011.55, F.S.; revising the
22procedure for legislative budget requests of the Florida
23School for the Deaf and the Blind; amending s. 1013.30,
24F.S.; expanding provisions relating to university master
25plans and campus development agreements to be applicable
26to the Florida School for the Deaf and the Blind;
27providing requirements for campus planning and concurrency
28management for the school; defining the term "institution"
29to include universities and the Florida School for the
30Deaf and the Blind; reenacting s. 163.3177(6)(h), F.S.,
31relating to the intergovernmental element of comprehensive
32plans, to incorporate the amendment to s. 1013.30, F.S.,
33in a reference thereto; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Paragraphs (f) through (k) of subsection (2) of
38section 11.45, Florida Statutes, are redesignated as paragraphs
39(g) through (l), respectively, and a new paragraph (f) is added
40to said subsection to read:
41     11.45  Definitions; duties; authorities; reports; rules.--
42     (2)  DUTIES.--The Auditor General shall:
43     (f)  Annually conduct audits of the accounts and records of
44the Florida School for the Deaf and the Blind.
45
46The Auditor General shall perform his or her duties
47independently but under the general policies established by the
48Legislative Auditing Committee. This subsection does not limit
49the Auditor General's discretionary authority to conduct other
50audits or engagements of governmental entities as authorized in
51subsection (3).
52     Section 2.  Paragraph (e) of subsection (4) of section
531001.20, Florida Statutes, is amended to read:
54     1001.20  Department under direction of state board.--
55     (4)  The Department of Education shall establish the
56following offices within the Office of the Commissioner of
57Education which shall coordinate their activities with all other
58divisions and offices:
59     (e)  Office of Inspector General.--Organized using existing
60resources and funds and responsible for promoting
61accountability, efficiency, and effectiveness and detecting
62fraud and abuse within school districts, the Florida School for
63the Deaf and the Blind, community colleges, and state
64universities in Florida. If the Commissioner of Education
65determines that a district school board, the Board of Trustees
66for the Florida School for the Deaf the Blind, or a public
67postsecondary educational institution board is unwilling or
68unable to address substantiated allegations made by any person
69relating to waste, fraud, or financial mismanagement, the office
70shall conduct, coordinate, or request investigations into
71substantiated allegations made by any person relating to waste,
72fraud, or financial mismanagement within school districts, the
73Florida School for the Deaf and the Blind, community colleges,
74and state universities in Florida. The office shall have access
75to all information and personnel necessary to perform its duties
76and shall have all of its current powers, duties, and
77responsibilities authorized in s. 20.055.
78     Section 3.  Subsections (1), (3), and (4) of section
791002.36, Florida Statutes, are amended to read:
80     1002.36  Florida School for the Deaf and the Blind.--
81     (1)  RESPONSIBILITIES.--The Florida School for the Deaf and
82the Blind, located in St. Johns County, is a state-supported
83residential public school for hearing-impaired and visually
84impaired students in preschool through 12th grade. The school is
85a component of the delivery of public education within Florida's
86K-20 education system part of the state system of public
87education and shall be funded through the Department of
88Education. The school shall provide educational programs and
89support services appropriate to meet the education and related
90evaluation and counseling needs of hearing-impaired and visually
91impaired students in the state who meet enrollment criteria.
92Unless otherwise provided by law, the school shall comply with
93all laws and rules generally applicable to state agencies.
94Education services may be provided on an outreach basis for
95sensory-impaired children ages 0 through 5 years and their
96parents. Graduates of the Florida School for the Deaf and the
97Blind shall be eligible for the William L. Boyd, IV, Florida
98Resident Access Grant Program as provided in s. 1009.89.
99     (3)  AUDITS.--The Auditor General shall conduct annual
100audits of audit the accounts and records of the Florida School
101for the Deaf and the Blind as provided in chapter 11. The
102Department of Education's Inspector General is authorized to
103conduct investigations at the school as provided in s.
1041001.20(4)(e).
105     (4)  BOARD OF TRUSTEES.--
106     (a)  There is hereby created a Board of Trustees for the
107Florida School for the Deaf and the Blind which shall consist of
108seven members. Of these seven members, one appointee shall be a
109blind person and one appointee shall be a deaf person. Each
110member shall have been a resident of the state for a period of
111at least 10 years. Their terms of office shall be 4 years. The
112appointment of the trustees shall be by the Governor with the
113confirmation of the Senate. The Governor may remove any member
114for cause and shall fill all vacancies that occur.
115     (b)  The board of trustees shall elect a chair annually.
116The trustees shall be reimbursed for travel expenses as provided
117in s. 112.061, the accounts of which shall be paid by the Chief
118Financial Officer upon itemized vouchers duly approved by the
119chair.
120     (c)  The board of trustees has authority to adopt rules
121pursuant to ss. 120.536(1) and 120.54 to implement provisions of
122law relating to operation of the Florida School for the Deaf and
123the Blind. Such rules shall be submitted to the State Board of
124Education for approval or disapproval. After a rule is approved
125If any rule is not disapproved by the State Board of Education
126within 60 days of its receipt by the State Board of Education,
127the rule shall be filed immediately with the Department of
128State. The board of trustees shall act at all times in
129conjunction with the rules of the State Board of Education.
130     (d)  The board of trustees is a body corporate and shall
131have a corporate seal. Unless otherwise provided by law, all
132actions of the board of trustees shall be consistent with all
133laws and rules applicable to state agencies. Title to any gift,
134donation, or bequest received by the board of trustees pursuant
135to subparagraph (e)13. subsection (5) shall vest in the board of
136trustees. Title to all other property and other assets of the
137Florida School for the Deaf and the Blind shall vest in the
138State Board of Education, but the board of trustees shall have
139complete jurisdiction over the management of the school. and
140     (e)  The board of trustees is invested with full power and
141authority to:
142     1.  Appoint a president, faculty, teachers, and other
143employees and remove the same as in its judgment may be best and
144fix their compensation.; to
145     2.  Procure professional services, such as medical, mental
146health, architectural, and engineering., and legal services; to
147     3.  Procure legal services without the prior written
148approval of the Attorney General.
149     4.  Determine eligibility of students and procedure for
150admission.; to
151     5.  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     6.  Provide for the proper keeping of accounts and records
157and for budgeting of funds.; to
158     7.  Enter into contracts.; to
159     8.  Sue and be sued.; to
160     9.  Secure public liability insurance.; and to
161     10.  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     11.(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     12.3.  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     13.4.  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     14.5.  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. Any moneys subject to a
196contract or agreement existing on March 1, 2005, may not be
197invested contrary to such contract or agreement.
198     (f)  The board of trustees shall:
199     1.  Prepare and submit legislative budget requests for
200operations and fixed capital outlay, including fixed capital
201outlay requests, in accordance with chapter 216 and ss. s.
2021011.56 and 1013.60, to the Department of Education for review
203and approval. The department must analyze the amount requested
204for fixed capital outlay to determine if the request is
205consistent with the school's campus master plan, educational
206plant survey, and facilities master plan.
207     2.  Approve and administer an annual operating budget in
208accordance with ss. 1011.56 and 1011.57.
209     3.  Require all funds received other than gifts, donations,
210and bequests, funds raised by or belonging to student clubs or
211student organizations, and funds held for specific students or
212in accounts for individual students to be deposited in the State
213Treasury and expended as authorized in the General
214Appropriations Act.
215     4.  Require all purchases to be in accordance with the
216provisions of chapter 287.
217     5.2.  Administer and maintain personnel programs for all
218employees of the board of trustees and the Florida School for
219the Deaf and the Blind who shall be state employees, including
220the personnel classification and pay plan established in
221accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
222academic and academic administrative personnel, the provisions
223of chapter 110, and the provisions of law that grant authority
224to the Department of Management Services over such programs for
225state employees.
226     6.  Give preference in appointment and retention in
227positions of employment as provided within s. 295.07(1).
228     7.  Ensure that the Florida School for the Deaf and the
229Blind complies with s. 1013.30 concerning campus master plans
230and campus development agreements.
231     8.  Ensure that the Florida School for the Deaf and the
232Blind complies with s. 112.061 concerning per diem and travel
233expenses of public officers, employees, and authorized persons.
234     9.3.  Adopt a master plan which specifies the mission and
235objectives of the Florida School for the Deaf and the Blind. The
236plan shall include, but not be limited to, procedures for
237systematically measuring the school's progress toward meeting
238its objectives, analyzing changes in the student population, and
239modifying school programs and services to respond to such
240changes. The plan shall be for a period of 5 years and shall be
241reviewed for needed modifications every 2 years. The board of
242trustees shall submit the initial plan and subsequent
243modifications to the Speaker of the House of Representatives and
244the President of the Senate.
245     4.  Seek the advice of the Division of Public Schools
246within the Department of Education.
247     10.(g)  The Board of Trustees for the Florida School for
248the Deaf and the Blind, located in St. Johns County, shall
249Designate a portion of the school as "The Verle Allyn Pope
250Complex for the Deaf," in tribute to the late Senator Verle
251Allyn Pope.
252     Section 4.  Section 1011.55, Florida Statutes, is amended
253to read:
254     1011.55  Procedure for legislative budget requests for the
255Florida School for the Deaf and the Blind.--
256     (1)  The legislative budget request of the Florida School
257for the Deaf and the Blind shall be prepared using the same
258format, procedures, and timelines required for the submission of
259the legislative budget of the Department of Education. The
260Florida School for the Deaf and the Blind shall submit its
261legislative budget request to the Department of Education for
262review and approval. Subsequent to the Department of Education's
263approval, the Commissioner of Education shall include the
264Florida School for the Deaf and the Blind in the department's
265legislative budget request to the State Board of Education, the
266Governor, and the Legislature. The legislative budget request
267and the appropriation for the Florida School for the Deaf and
268the Blind shall be a separate identifiable sum in the public
269schools budget entity of the Department of Education. The annual
270appropriation for the school shall be distributed monthly in
271payments as nearly equal as possible. Appropriations for
272textbooks, instructional technology, and school buses may be
273released and distributed as necessary to serve the instructional
274program for the students.
275     (2)  The school shall submit its fixed capital outlay
276request to the Department of Education for review and approval
277in accordance with s. 1002.36(4)(f)1. Subsequent to the
278department's approval, the school's request shall be included
279within the department's needs of the school shall continue to be
280requested in the public education capital outlay legislative
281budget request of the Department of Education.
282     Section 5.  Section 1013.30, Florida Statutes, is amended
283to read:
284     1013.30  University Campus master plans and campus
285development agreements for universities and the Florida School
286for the Deaf and the Blind.--
287     (1)  This section contains provisions for campus planning
288and concurrency management that supersede the requirements of
289part II of chapter 163, except when stated otherwise in this
290section. These special growth management provisions are adopted
291in recognition of the unique relationship between university
292campuses of universities and the Florida School for the Deaf and
293the Blind and the local governments in which they are located.
294While the campuses provide research and educational benefits of
295statewide and national importance, and further provide
296substantial educational, economic, and cultural benefits to
297their host local governments, they may also have an adverse
298impact on the public facilities and services and natural
299resources of host governments. On balance, however, universities
300and the Florida School for the Deaf and the Blind should be
301considered as vital public facilities of the state and local
302governments. The intent of this section is to address this
303unique relationship by providing for the preparation of campus
304master plans and associated campus development agreements.
305     (2)  As used in this section:
306     (a)  "Affected local government" means a unit of local
307government that provides public services to or is responsible
308for maintaining facilities within a campus of an institution or
309is directly affected by development that is proposed for a
310campus.
311     (b)  "Affected person" means a host local government; an
312affected local government; any state, regional, or federal
313agency; or a person who resides, owns property, or owns or
314operates a business within the boundaries of a host local
315government or affected local government.
316     (c)  "Host local government" means a local government
317within the jurisdiction of which all or part of a campus of an
318institution is located, but does not include a county if no part
319of an institution is located within its unincorporated area.
320     (d)  "Institution" means a university and the Florida
321School for the Deaf and the Blind.
322     (3)  Each institution's university board of trustees shall
323prepare and adopt a campus master plan for the institution
324university. The master plan must identify general land uses and
325address the need for and plans for provision of roads, parking,
326public transportation, solid waste, drainage, sewer, potable
327water, and recreation and open space during the coming 10 to 20
328years. The plans must contain elements relating to future land
329use, intergovernmental coordination, capital improvements,
330recreation and open space, general infrastructure, housing, and
331conservation. Each element must address compatibility with the
332surrounding community. The master plan must identify specific
333land uses, location of structures, densities and intensities of
334use, and contain standards for onsite development, site design,
335environmental management, and the preservation of historic and
336archaeological resources. The transportation element must
337address reasonable transportation demand management techniques
338to minimize offsite impacts where possible. Data and analyses on
339which the elements are based must include, at a minimum: the
340characteristics of vacant lands; projected impacts of
341development on onsite and offsite infrastructure, public
342services, and natural resources; student enrollment projections;
343student housing needs; and the need for academic and support
344facilities. Master plans must be updated at least every 5 years.
345     (4)  Campus master plans may contain additional elements at
346the discretion of the State Board of Education; however, such
347elements are not subject to review under this section. These
348additional elements may include the academic mission of the
349institution, academic program, utilities, public safety,
350architectural design, landscape architectural design, and
351facilities maintenance.
352     (5)  Subject to the right of the institution's university
353board of trustees to initiate the dispute resolution provisions
354of subsection (8), a campus master plan must not be in conflict
355with the comprehensive plan of the host local government and the
356comprehensive plan of any affected local governments. A campus
357master plan must be consistent with the state comprehensive
358plan.
359     (6)  Before a campus master plan is adopted, a copy of the
360draft master plan must be sent for review to the host and any
361affected local governments, the state land planning agency, the
362Department of Environmental Protection, the Department of
363Transportation, the Department of State, the Fish and Wildlife
364Conservation Commission, and the applicable water management
365district and regional planning council. These agencies must be
366given 90 days after receipt of the campus master plans in which
367to conduct their review and provide comments to the
368institution's university board of trustees. The commencement of
369this review period must be advertised in newspapers of general
370circulation within the host local government and any affected
371local government to allow for public comment. Following receipt
372and consideration of all comments, and the holding of at least
373two public hearings within the host jurisdiction, the
374institution's university board of trustees shall adopt the
375campus master plan. It is the intent of the Legislature that the
376institution's university board of trustees comply with the
377notice requirements set forth in s. 163.3184(15) to ensure full
378public participation in this planning process. Campus master
379plans developed under this section are not rules and are not
380subject to chapter 120 except as otherwise provided in this
381section.
382     (7)  Notice that the campus master plan has been adopted
383must be forwarded within 45 days after its adoption to any
384affected person that submitted comments on the draft campus
385master plan. The notice must state how and where a copy of the
386master plan may be obtained or inspected. Within 30 days after
387receipt of the notice of adoption of the campus master plan, or
38830 days after the date the adopted plan is available for review,
389whichever is later, an affected person who submitted comments on
390the draft master plan may petition the institution's university
391board of trustees, challenging the campus master plan as not
392being in compliance with this section or any rule adopted under
393this section. The petition must state each objection, identify
394its source, and provide a recommended action. A petition filed
395by an affected local government may raise only those issues
396directly pertaining to the public facilities or services that
397the affected local government provides to or maintains within
398the campus or to the direct impact that campus development would
399have on the affected local government.
400     (8)  Following receipt of a petition, the petitioning party
401or parties and the institution's university board of trustees
402shall mediate the issues in dispute as follows:
403     (a)  The parties have 60 days to resolve the issues in
404dispute. Other affected parties that submitted comments on the
405draft campus master plan must be given the opportunity to
406participate in these and subsequent proceedings.
407     (b)  If resolution of the matter cannot be achieved within
40860 days, the issues must be submitted to the state land planning
409agency. The state land planning agency has 60 days to hold
410informal hearings, if necessary, identify the issues remaining
411in dispute, prepare a record of the proceedings, and submit the
412matter to the Administration Commission for final action. The
413report to the Administration Commission must list each issue in
414dispute, describe the nature and basis for each dispute,
415identify alternative resolutions of the dispute, and make
416recommendations.
417     (c)  After receiving the report from the state land
418planning agency, the Administration Commission shall take action
419to resolve the issues in dispute. In deciding upon a proper
420resolution, the Administration Commission shall consider the
421nature of the issues in dispute, the compliance of the parties
422with this section, the extent of the conflict between the
423parties, the comparative hardships, and the public interest
424involved. If the Administration Commission incorporates in its
425final order a term or condition that specifically requires the
426institution's university board of trustees or a local government
427to amend or modify its plan, the institution's university board
428of trustees shall have a reasonable period of time to amend or
429modify its plan, and a local government shall initiate the
430required plan amendment, which shall be exempt from the
431requirements of s. 163.3187(1). Any required amendment to a
432local government comprehensive plan must be limited in scope so
433as to only relate to specific impacts attributable to the campus
434development. The final order of the Administration Commission is
435subject to judicial review as provided in s. 120.68.
436     (9)  An amendment to a campus master plan must be reviewed
437and adopted under subsections (6)-(8) if such amendment, alone
438or in conjunction with other amendments, would:
439     (a)  Increase density or intensity of use of land on the
440campus by more than 10 percent;
441     (b)  Decrease the amount of natural areas, open space, or
442buffers on the campus by more than 10 percent; or
443     (c)  Rearrange land uses in a manner that will increase the
444impact of any proposed campus development by more than 10
445percent on a road or on another public facility or service
446provided or maintained by the state, the county, the host local
447government, or any affected local government.
448     (10)  Upon adoption of a campus master plan, the
449institution's university board of trustees shall draft a
450proposed campus development agreement for each local government
451and send it to the local government within 270 days after the
452adoption of the relevant campus master plan.
453     (11)  At a minimum, each campus development agreement:
454     (a)  Must identify the geographic area of the campus and
455local government covered by the campus development agreement.
456     (b)  Must establish its duration, which must be at least 5
457years and not more than 10 years.
458     (c)  Must address public facilities and services including
459roads, sanitary sewer, solid waste, drainage, potable water,
460parks and recreation, and public transportation.
461     (d)  Must, for each of the facilities and services listed
462in paragraph (c), identify the level-of-service standard
463established by the applicable local government, identify the
464entity that will provide the service to the campus, and describe
465any financial arrangements between the State Board of Education
466and other entities relating to the provision of the facility or
467service.
468     (e)  Must, for each of the facilities and services listed
469in paragraph (c), determine the impact of existing and proposed
470campus development reasonably expected over the term of the
471campus development agreement on each service or facility and any
472deficiencies in such service or facility which the proposed
473campus development will create or to which it will contribute.
474     (f)  May, if proposed by the institution's university board
475of trustees, address the issues prescribed in paragraphs (d) and
476(e) with regard to additional facilities and services,
477including, but not limited to, electricity, nonpotable water,
478law enforcement, fire and emergency rescue, gas, and telephone.
479     (g)  Must, to the extent it addresses issues addressed in
480the campus master plan and host local government comprehensive
481plan, be consistent with the adopted campus master plan and host
482local government comprehensive plan.
483     (12)(a)  Each proposed campus development agreement must
484clearly identify the lands to which the institution's university
485board of trustees intends the campus development agreement to
486apply.
487     (b)  Such land may include:
488     1.  Land to be purchased by the institution's university
489board of trustees and if purchased with state appropriated funds
490titled in the name of the board of trustees of the Internal
491Improvement Trust Fund for use by an institution over the life
492of the campus development agreement.
493     2.  Land not owned by the board of trustees of the Internal
494Improvement Trust Fund if the institution's university board of
495trustees intends to undertake development activities on the land
496during the term of the campus development agreement.
497     (c)  Land owned by the Board of Trustees of the Internal
498Improvement Trust Fund for lease to the State Board of Education
499acting on behalf of the institution may be excluded, but any
500development activity undertaken on excluded land is subject to
501part II of chapter 163.
502     (13)  With regard to the impact of campus development on
503the facilities and services listed in paragraph (11)(c), the
504following applies:
505     (a)  All improvements to facilities or services which are
506necessary to eliminate the deficiencies identified in paragraph
507(11)(e) must be specifically listed in the campus development
508agreement.
509     (b)  The institution's university board of trustees' fair
510share of the cost of the measures identified in paragraph (a)
511must be stated in the campus development agreement. In
512determining the fair share, the effect of any demand management
513techniques, which may include such techniques as flexible work
514hours and carpooling, that are used by the State Board of
515Education to minimize the offsite impacts shall be considered.
516     (c)  The institution's university board of trustees is
517responsible for paying the fair share identified in paragraph
518(b), and it may do so by:
519     1.  Paying a fair share of each of the improvements
520identified in paragraph (a); or
521     2.  Taking on full responsibility for the improvements,
522selected from the list of improvements identified in paragraph
523(a), and agreed to between the host local government and the
524State Board of Education, the total cost of which equals the
525contribution identified in paragraph (b).
526     (d)  All concurrency management responsibilities of the
527institution's university board of trustees are fulfilled if the
528institution's university board of trustees expends the total
529amount of funds identified in paragraph (b) notwithstanding that
530the institution's university board of trustees may not have
531undertaken or made contributions to some of the measures
532identified in paragraph (a).
533     (e)  Capital projects included in the campus development
534agreement may be used by the local government for the
535concurrency management purposes.
536     (f)  Funds provided by institutions universities in
537accordance with campus development agreements are subject to
538appropriation by the Legislature. A development authorized by a
539campus development agreement may not be built until the funds to
540be provided pursuant to paragraph (b) are appropriated by the
541Legislature.
542     (14)  A campus development agreement may not address or
543include any standards or requirements for onsite development,
544including environmental management requirements or requirements
545for site preparation.
546     (15)  Once the institution's university board of trustees
547and host local government agree on the provisions of the campus
548development agreement, the campus development agreement shall be
549executed by the institution's university board of trustees and
550the host local government in a manner consistent with the
551requirements of s. 163.3225. Once the campus development
552agreement is executed, it is binding upon the institution's
553university board of trustees and host local government. A copy
554of the executed campus development agreement must be sent to the
555state land planning agency within 14 days after the date of
556execution.
557     (16)  If, within 180 days following the host local
558government's receipt of the proposed campus development
559agreement, the institution's university board of trustees and
560host local government cannot reach agreement on the provisions
561of the campus development agreement, the following procedures
562for resolving the matter must be followed:
563     (a)  The matter must be submitted to the state land
564planning agency, which has 60 days to hold informal hearings, if
565necessary, and identify the issues remaining in dispute, prepare
566a record of the proceedings, and submit the matter to the
567Administration Commission for final action. The report to the
568Administration Commission must list each issue in dispute,
569describe the nature and basis for each dispute, identify
570alternative resolutions of each dispute, and make
571recommendations.
572     (b)  After receiving the report from the state land
573planning agency, the Administration Commission shall take action
574to resolve the issues in dispute. In deciding upon a proper
575resolution, the Administration Commission shall consider the
576nature of the issues in dispute, the compliance of the parties
577with this section, the extent of the conflict between the
578parties, the comparative hardships, and the public interest
579involved. In resolving the matter, the Administration Commission
580may prescribe, by order, the contents of the campus development
581agreement.
582     (17)  Disputes that arise in the implementation of an
583executed campus development agreement must be resolved as
584follows:
585     (a)  Each party shall select one mediator and notify the
586other in writing of the selection. Thereafter, within 15 days
587after their selection, the two mediators selected by the parties
588shall select a neutral, third mediator to complete the mediation
589panel.
590     (b)  Each party is responsible for all costs and fees
591payable to the mediator selected by it and shall equally bear
592responsibility for the costs and fees payable to the third
593mediator for services rendered and costs expended in connection
594with resolving disputes pursuant to the campus development
595agreement.
596     (c)  Within 10 days after the selection of the mediation
597panel, proceedings must be convened by the panel to resolve the
598issues in dispute.
599     (d)  Within 60 days after the convening of the panel, the
600panel shall issue a report containing a recommended resolution
601of the issues in dispute.
602     (e)  If either the institution's university board of
603trustees or the local government rejects the recommended
604resolution of the issues in dispute, the disputed issues must be
605resolved pursuant to the procedures provided by subsection (16).
606     (18)  Once the campus development agreement is executed,
607all campus development may proceed without further review by the
608host local government if it is consistent with the adopted
609campus master plan and associated campus development agreement.
610     (19)  A campus development agreement may be amended under
611subsections (10)-(16):
612     (a)  In conjunction with any amendment to the campus master
613plan subject to the requirements in subsection (9).
614     (b)  If either party delays by more than 12 months the
615construction of a capital improvement identified in the
616agreement.
617     (20)  Any party to a campus development agreement or
618aggrieved or adversely affected person, as defined in s.
619163.3215(2), may file an action for injunctive relief in the
620circuit court where the host local government is located to
621enforce the terms of a campus development agreement or to
622challenge compliance of the agreement with this section. This
623action shall be the sole and exclusive remedy of an adversely
624affected person other than a party to the agreement to enforce
625any rights or obligations arising from a development agreement.
626     (21)  State and regional environmental program requirements
627remain applicable, except that this section supersedes all other
628sections of part II of chapter 163 and s. 380.06 except as
629provided in this section.
630     (22)  In consultation with the state land planning agency,
631the State Board of Education shall adopt rules implementing
632subsections (3)-(6). The rules must set specific schedules and
633procedures for the development and adoption of campus master
634plans.
635     (23)  Until the campus master plan and campus development
636agreement for an institution have been finalized, any dispute
637between the institution's university board of trustees and a
638local government relating to campus development for that
639institution shall be resolved by the process established in
640subsection (8).
641     Section 6.  For the purpose of incorporating the amendment
642to section 1013.30, Florida Statutes, in a reference thereto,
643paragraph (h) of subsection (6) of section 163.3177, Florida
644Statutes, is reenacted to read:
645     163.3177  Required and optional elements of comprehensive
646plan; studies and surveys.--
647     (6)  In addition to the requirements of subsections (1)-
648(5), the comprehensive plan shall include the following
649elements:
650     (h)1.  An intergovernmental coordination element showing
651relationships and stating principles and guidelines to be used
652in the accomplishment of coordination of the adopted
653comprehensive plan with the plans of school boards and other
654units of local government providing services but not having
655regulatory authority over the use of land, with the
656comprehensive plans of adjacent municipalities, the county,
657adjacent counties, or the region, with the state comprehensive
658plan and with the applicable regional water supply plan approved
659pursuant to s. 373.0361, as the case may require and as such
660adopted plans or plans in preparation may exist. This element of
661the local comprehensive plan shall demonstrate consideration of
662the particular effects of the local plan, when adopted, upon the
663development of adjacent municipalities, the county, adjacent
664counties, or the region, or upon the state comprehensive plan,
665as the case may require.
666     a.  The intergovernmental coordination element shall
667provide for procedures to identify and implement joint planning
668areas, especially for the purpose of annexation, municipal
669incorporation, and joint infrastructure service areas.
670     b.  The intergovernmental coordination element shall
671provide for recognition of campus master plans prepared pursuant
672to s. 1013.30.
673     c.  The intergovernmental coordination element may provide
674for a voluntary dispute resolution process as established
675pursuant to s. 186.509 for bringing to closure in a timely
676manner intergovernmental disputes. A local government may
677develop and use an alternative local dispute resolution process
678for this purpose.
679     2.  The intergovernmental coordination element shall
680further state principles and guidelines to be used in the
681accomplishment of coordination of the adopted comprehensive plan
682with the plans of school boards and other units of local
683government providing facilities and services but not having
684regulatory authority over the use of land. In addition, the
685intergovernmental coordination element shall describe joint
686processes for collaborative planning and decisionmaking on
687population projections and public school siting, the location
688and extension of public facilities subject to concurrency, and
689siting facilities with countywide significance, including
690locally unwanted land uses whose nature and identity are
691established in an agreement. Within 1 year of adopting their
692intergovernmental coordination elements, each county, all the
693municipalities within that county, the district school board,
694and any unit of local government service providers in that
695county shall establish by interlocal or other formal agreement
696executed by all affected entities, the joint processes described
697in this subparagraph consistent with their adopted
698intergovernmental coordination elements.
699     3.  To foster coordination between special districts and
700local general-purpose governments as local general-purpose
701governments implement local comprehensive plans, each
702independent special district must submit a public facilities
703report to the appropriate local government as required by s.
704189.415.
705     4.a.  Local governments adopting a public educational
706facilities element pursuant to s. 163.31776 must execute an
707interlocal agreement with the district school board, the county,
708and nonexempt municipalities, as defined by s. 163.31776(1),
709which includes the items listed in s. 163.31777(2). The local
710government shall amend the intergovernmental coordination
711element to provide that coordination between the local
712government and school board is pursuant to the agreement and
713shall state the obligations of the local government under the
714agreement.
715     b.  Plan amendments that comply with this subparagraph are
716exempt from the provisions of s. 163.3187(1).
717     5.  The state land planning agency shall establish a
718schedule for phased completion and transmittal of plan
719amendments to implement subparagraphs 1., 2., and 3. from all
720jurisdictions so as to accomplish their adoption by December 31,
7211999. A local government may complete and transmit its plan
722amendments to carry out these provisions prior to the scheduled
723date established by the state land planning agency. The plan
724amendments are exempt from the provisions of s. 163.3187(1).
725     6.  By January 1, 2004, any county having a population
726greater than 100,000, and the municipalities and special
727districts within that county, shall submit a report to the
728Department of Community Affairs which:
729     a.  Identifies all existing or proposed interlocal service-
730delivery agreements regarding the following: education; sanitary
731sewer; public safety; solid waste; drainage; potable water;
732parks and recreation; and transportation facilities.
733     b.  Identifies any deficits or duplication in the provision
734of services within its jurisdiction, whether capital or
735operational. Upon request, the Department of Community Affairs
736shall provide technical assistance to the local governments in
737identifying deficits or duplication.
738     7.  Within 6 months after submission of the report, the
739Department of Community Affairs shall, through the appropriate
740regional planning council, coordinate a meeting of all local
741governments within the regional planning area to discuss the
742reports and potential strategies to remedy any identified
743deficiencies or duplications.
744     8.  Each local government shall update its
745intergovernmental coordination element based upon the findings
746in the report submitted pursuant to subparagraph 6. The report
747may be used as supporting data and analysis for the
748intergovernmental coordination element.
749     9.  By February 1, 2003, representatives of municipalities,
750counties, and special districts shall provide to the Legislature
751recommended statutory changes for annexation, including any
752changes that address the delivery of local government services
753in areas planned for annexation.
754     Section 7.  This act shall take effect upon becoming a law.


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