Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 2614
Barcode 693194
CHAMBER ACTION
Senate House
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11 Senator Constantine moved the following amendment:
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13 Senate Amendment
14 On page 6, line 9, through
15 page 7, line 20, delete those lines
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17 and insert:
18 (8) Following receipt of a petition challenging a
19 campus master plan or plan amendment, the university board of
20 trustees must submit the petition to the Division of
21 Administrative Hearings of the Department of Management
22 Services for assignment to an administrative law judge under
23 ss. 120.569 and 120.57.
24 (a) If a party to the proceeding requests mediation,
25 the parties have no more than 30 days to resolve any issue in
26 dispute. The costs of the mediation must be borne equally by
27 all of the parties to the proceeding.
28 (b) If the matter is not resolved within 30 days, the
29 administrative law judge shall proceed with a hearing under
30 ss. 120.569 and 120.57. The hearing shall be held in the
31 county where the campus of the university subject to the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 2614
Barcode 693194
1 amendment is located. Within 60 days after receiving the
2 petition, the administrative law judge must, consistent with
3 the applicable requirements and procedures of the
4 Administrative Procedures Act, hold a hearing, identify the
5 issues remaining in dispute, prepare a record of the
6 proceedings, and submit a recommended order to the state land
7 planning agency for final action. Parties to the proceeding
8 may submit written exceptions to the recommended order within
9 10 days after the recommended order is issued. The state land
10 planning agency must issue its final order no later than 60
11 days after receiving the recommended order.
12 (8) Following receipt of a petition, the petitioning
13 party or parties and the university board of trustees shall
14 mediate the issues in dispute as follows:
15 (a) The parties have 60 days to resolve the issues in
16 dispute. Other affected parties that submitted comments on the
17 draft campus master plan must be given the opportunity to
18 participate in these and subsequent proceedings.
19 (b) If resolution of the matter cannot be achieved
20 within 60 days, the issues must be submitted to the state land
21 planning agency. The state land planning agency has 60 days to
22 hold informal hearings, if necessary, identify the issues
23 remaining in dispute, prepare a record of the proceedings, and
24 submit the matter to the Administration Commission for final
25 action. The report to the Administration Commission must list
26 each issue in dispute, describe the nature and basis for each
27 dispute, identify alternative resolutions of the dispute, and
28 make recommendations.
29 (c) After receiving the report from the state land
30 planning agency, the Administration Commission shall take
31 action to resolve the issues in dispute. In deciding upon a
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 2614
Barcode 693194
1 proper resolution, the Administration Commission shall
2 consider the nature of the issues in dispute, the compliance
3 of the parties with this section, the extent of the conflict
4 between the parties, the comparative hardships, and the public
5 interest involved. If the Administration Commission
6 incorporates in its final order a term or condition that
7 specifically requires the university board of trustees or a
8 local government to amend or modify its plan, the university
9 board of trustees shall have a reasonable period of time to
10 amend or modify its plan, and a local government shall
11 initiate the required plan amendment, which shall be exempt
12 from the requirements of s. 163.3187(1). Any required
13 amendment to a local government comprehensive plan must be
14 limited in scope so as to only relate to specific impacts
15 attributable to the campus development. The final order of the
16 state land planning agency Administration Commission is
17 subject to judicial review as provided in s. 120.68.
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