Senate Bill sb2614
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Florida Senate - 2005 SB 2614
By Senator Constantine
22-1562B-05
1 A bill to be entitled
2 An act relating to university campus planning;
3 amending s. 1013.30, F.S.; requiring each
4 university board of trustees to maintain a copy
5 of the campus master plan on the university's
6 website and provide for electronic copies of
7 its draft master plan; requiring that the
8 university hold an informal public information
9 session before the required public hearings are
10 held on the draft master plan; requiring that
11 the public hearings be held at specified times;
12 limiting the issues that an individual may
13 raise challenging a campus master plan;
14 authorizing the university to execute a campus
15 development agreement during the pendency of a
16 challenge; providing for an evidentiary hearing
17 to be held by the state land planning agency if
18 a challenge to the master plan is not resolved;
19 specifying the evidentiary procedures to be
20 used in such hearing; providing for attorney's
21 fees in any dispute submitted to the state land
22 planning agency or the Administration
23 Commission in which the pleading or motion was
24 made for an improper purpose or for economic
25 advantage; requiring that each university board
26 of trustees rather than the State Board of
27 Education adopt rules to administer the
28 procedures for preparing and adopting the
29 campus master plan; providing an effective
30 date.
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Florida Senate - 2005 SB 2614
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 1013.30, Florida Statutes, is
4 amended to read:
5 1013.30 University campus master plans and campus
6 development agreements.--
7 (1) This section contains provisions for campus
8 planning and concurrency management that supersede the
9 requirements of part II of chapter 163, except when stated
10 otherwise in this section. These special growth management
11 provisions are adopted in recognition of the unique
12 relationship between university campuses and the local
13 governments in which they are located. While the campuses
14 provide research and educational benefits of statewide and
15 national importance, and further provide substantial
16 educational, economic, and cultural benefits to their host
17 local governments, they may also have an adverse impact on the
18 public facilities and services and natural resources of host
19 governments. On balance, however, universities should be
20 considered as vital public facilities of the state and local
21 governments. The intent of this section is to address this
22 unique relationship by providing for the preparation of campus
23 master plans and associated campus development agreements.
24 (2) As used in this section:
25 (a) "Affected local government" means a unit of local
26 government that provides public services to or is responsible
27 for maintaining facilities within a campus of an institution
28 or is directly affected by development that is proposed for a
29 campus.
30 (b) "Affected person" means a host local government;
31 an affected local government; any state, regional, or federal
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1 agency; or a person who resides, owns property, or owns or
2 operates a business within the boundaries of a host local
3 government or affected local government.
4 (c) "Host local government" means a local government
5 within the jurisdiction of which all or part of a campus of an
6 institution is located, but does not include a county if no
7 part of an institution is located within its unincorporated
8 area.
9 (d) "Institution" means a university.
10 (3) Each university board of trustees shall prepare
11 and adopt a campus master plan for the university and maintain
12 a copy of the plan on the university's website. The master
13 plan must identify general land uses and address the need for
14 and plans for provision of roads, parking, public
15 transportation, solid waste, drainage, sewer, potable water,
16 and recreation and open space during the coming 10 to 20
17 years. The plans must contain elements relating to future land
18 use, intergovernmental coordination, capital improvements,
19 recreation and open space, general infrastructure, housing,
20 and conservation. Each element must address compatibility with
21 the surrounding community. The master plan must identify
22 specific land uses, general location of structures, densities
23 and intensities of use, and contain standards for onsite
24 development, site design, environmental management, and the
25 preservation of historic and archaeological resources. The
26 transportation element must address reasonable transportation
27 demand management techniques to minimize offsite impacts where
28 possible. Data and analyses on which the elements are based
29 must include, at a minimum: the characteristics of vacant
30 lands; projected impacts of development on onsite and offsite
31 infrastructure, public services, and natural resources;
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Florida Senate - 2005 SB 2614
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1 student enrollment projections; student housing needs; and the
2 need for academic and support facilities. Master plans must be
3 updated at least every 5 years.
4 (4) Campus master plans may contain additional
5 elements at the discretion of the State Board of Education;
6 however, such elements are not subject to review under this
7 section. These additional elements may include the academic
8 mission of the institution, academic program, utilities,
9 public safety, architectural design, landscape architectural
10 design, and facilities maintenance.
11 (5) Subject to the right of the university board of
12 trustees to initiate the dispute resolution provisions of
13 subsection (8), a campus master plan must not be in conflict
14 with the comprehensive plan of the host local government and
15 the comprehensive plan of any affected local governments. A
16 campus master plan must be consistent with the state
17 comprehensive plan.
18 (6) Before a campus master plan is adopted, a copy of
19 the draft master plan must be sent for review or made
20 available electronically to the host and any affected local
21 governments, the state land planning agency, the Department of
22 Environmental Protection, the Department of Transportation,
23 the Department of State, the Fish and Wildlife Conservation
24 Commission, and the applicable water management district and
25 regional planning council. These agencies must be given 90
26 days after receipt of the campus master plans in which to
27 conduct their review and provide comments to the university
28 board of trustees. The commencement of this review period must
29 be advertised in newspapers of general circulation within the
30 host local government and any affected local government to
31 allow for public comment. Following receipt and consideration
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1 of all comments, and the holding of an informal information
2 session and at least two public hearings within the host
3 jurisdiction, the university board of trustees shall adopt the
4 campus master plan. It is the intent of the Legislature that
5 the university board of trustees comply with the notice
6 requirements set forth in s. 163.3184(15) to ensure full
7 public participation in this planning process. The informal
8 public information session must be held before the first
9 public hearing. The first public hearing shall be held before
10 the draft master plan is sent to the agencies specified in
11 this subsection. The second public hearing shall be held in
12 conjunction with the adoption of the draft master plan by the
13 university board of trustees. Campus master plans developed
14 under this section are not rules and are not subject to
15 chapter 120 except as otherwise provided in this section.
16 (7) Notice that the campus master plan has been
17 adopted must be forwarded within 45 days after its adoption to
18 any affected person that submitted comments on the draft
19 campus master plan. The notice must state how and where a copy
20 of the master plan may be obtained or inspected. Within 30
21 days after receipt of the notice of adoption of the campus
22 master plan, or 30 days after the date the adopted plan is
23 available for review, whichever is later, an affected person
24 who submitted comments on the draft master plan may petition
25 the university board of trustees, challenging the campus
26 master plan as not being in compliance with this section or
27 any rule adopted under this section. The petition must state
28 each objection, identify its source, and provide a recommended
29 action. A petition filed by an affected local government may
30 raise only those issues directly pertaining to the public
31 facilities or services that the affected local government
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1 provides to or maintains within the campus or to the direct
2 impact that campus development would have on the affected
3 local government. A petition filed by an individual may raise
4 only those issues pertaining to public facilities or services
5 which have a direct and material effect on the individual. The
6 university may, during the pendency of the challenge,
7 negotiate and execute a campus development agreement as
8 provided in subsection (11).
9 (8) Following receipt of a petition, the petitioning
10 party or parties and the university board of trustees shall
11 mediate the issues in dispute as follows:
12 (a) The parties have 60 days to resolve the issues in
13 dispute. Other affected parties that submitted comments on the
14 draft campus master plan must be given the opportunity to
15 participate in these and subsequent proceedings.
16 (b) If resolution of the matter cannot be achieved
17 within 60 days, the issues must be submitted to the state land
18 planning agency. The state land planning agency has 60 days to
19 hold an evidentiary hearing informal hearings, if necessary,
20 identify the issues remaining in dispute, prepare a record of
21 the proceedings, and submit the matter to the Administration
22 Commission for final action. The evidentiary hearing shall be
23 conducted using the evidentiary procedures set forth in s.
24 120.57(1). The report to the Administration Commission must be
25 based on evidence adduced on the record before and during the
26 evidentiary hearing and must list each issue in dispute,
27 describe the nature and basis for each dispute, identify
28 alternative resolutions of the dispute, determine the
29 petitioner's compliance with the requirements of this section,
30 and make recommendations.
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1 (c) After receiving the report from the state land
2 planning agency, the Administration Commission shall take
3 action to resolve the issues in dispute. In deciding upon a
4 proper resolution, the Administration Commission shall
5 consider the nature of the issues in dispute, the compliance
6 of the parties with this section, the extent of the conflict
7 between the parties, the comparative hardships, and the public
8 interest involved. If the Administration Commission
9 incorporates in its final order a term or condition that
10 specifically requires the university board of trustees or a
11 local government to amend or modify its plan, the university
12 board of trustees shall have a reasonable period of time to
13 amend or modify its plan, and a local government shall
14 initiate the required plan amendment, which shall be exempt
15 from the requirements of s. 163.3187(1). Any required
16 amendment to a local government comprehensive plan must be
17 limited in scope so as to only relate to specific impacts
18 attributable to the campus development. The final order of the
19 Administration Commission is subject to judicial review as
20 provided in s. 120.68.
21 (d) The signature of an attorney or party constitutes
22 a certificate that he or she has read the pleading, motion, or
23 other paper and that, to the best of his or her knowledge,
24 information, and belief formed after reasonable inquiry, it is
25 not interposed for any improper purpose, such as to harass or
26 to cause unnecessary delay, or for economic advantage,
27 competitive reasons, frivolous purposes, or needless increase
28 in the cost of litigation. If a pleading, motion, or other
29 paper is signed in violation of these requirements, the
30 Administration Commission, upon motion or its own initiative,
31 shall impose upon either the person who signed it or a
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1 represented party, or both, an appropriate sanction, which may
2 include an order to pay to the other party or parties the
3 amount of reasonable expenses incurred because of the filing
4 of the pleading, motion, or other paper, including reasonable
5 attorney's fees.
6 (9) An amendment to a campus master plan must be
7 reviewed and adopted under subsections (6)-(8) if such
8 amendment, alone or in conjunction with other amendments,
9 would:
10 (a) Increase density or intensity of use of land on
11 the campus by more than 10 percent;
12 (b) Decrease the amount of natural areas, open space,
13 or buffers on the campus by more than 10 percent; or
14 (c) Rearrange land uses in a manner that will increase
15 the impact of any proposed campus development by more than 10
16 percent on a road or on another public facility or service
17 provided or maintained by the state, the county, the host
18 local government, or any affected local government.
19 (10) Upon adoption of a campus master plan, the
20 university board of trustees shall draft a proposed campus
21 development agreement for each local government and send it to
22 the local government within 270 days after the adoption of the
23 relevant campus master plan.
24 (11) At a minimum, each campus development agreement:
25 (a) Must identify the geographic area of the campus
26 and local government covered by the campus development
27 agreement.
28 (b) Must establish its duration, which must be at
29 least 5 years and not more than 10 years.
30 (c) Must address public facilities and services
31 including roads, sanitary sewer, solid waste, drainage,
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1 potable water, parks and recreation, and public
2 transportation.
3 (d) Must, for each of the facilities and services
4 listed in paragraph (c), identify the level-of-service
5 standard established by the applicable local government,
6 identify the entity that will provide the service to the
7 campus, and describe any financial arrangements between the
8 State Board of Education and other entities relating to the
9 provision of the facility or service.
10 (e) Must, for each of the facilities and services
11 listed in paragraph (c), determine the impact of existing and
12 proposed campus development reasonably expected over the term
13 of the campus development agreement on each service or
14 facility and any deficiencies in such service or facility
15 which the proposed campus development will create or to which
16 it will contribute.
17 (f) May, if proposed by the university board of
18 trustees, address the issues prescribed in paragraphs (d) and
19 (e) with regard to additional facilities and services,
20 including, but not limited to, electricity, nonpotable water,
21 law enforcement, fire and emergency rescue, gas, and
22 telephone.
23 (g) Must, to the extent it addresses issues addressed
24 in the campus master plan and host local government
25 comprehensive plan, be consistent with the adopted campus
26 master plan and host local government comprehensive plan.
27 (12)(a) Each proposed campus development agreement
28 must clearly identify the lands to which the university board
29 of trustees intends the campus development agreement to apply.
30 (b) Such land may include:
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1 1. Land to be purchased by the university board of
2 trustees and if purchased with state appropriated funds titled
3 in the name of the board of trustees of the Internal
4 Improvement Trust Fund for use by an institution over the life
5 of the campus development agreement.
6 2. Land not owned by the board of trustees of the
7 Internal Improvement Trust Fund if the university board of
8 trustees intends to undertake development activities on the
9 land during the term of the campus development agreement.
10 (c) Land owned by the Board of Trustees of the
11 Internal Improvement Trust Fund for lease to the State Board
12 of Education acting on behalf of the institution may be
13 excluded, but any development activity undertaken on excluded
14 land is subject to part II of chapter 163.
15 (13) With regard to the impact of campus development
16 on the facilities and services listed in paragraph (11)(c),
17 the following applies:
18 (a) All improvements to facilities or services which
19 are necessary to eliminate the deficiencies identified in
20 paragraph (11)(e) must be specifically listed in the campus
21 development agreement.
22 (b) The university board of trustees' fair share of
23 the cost of the measures identified in paragraph (a) must be
24 stated in the campus development agreement. In determining the
25 fair share, the effect of any demand management techniques,
26 which may include such techniques as flexible work hours and
27 carpooling, that are used by the State Board of Education to
28 minimize the offsite impacts shall be considered.
29 (c) The university board of trustees is responsible
30 for paying the fair share identified in paragraph (b), and it
31 may do so by:
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1 1. Paying a fair share of each of the improvements
2 identified in paragraph (a); or
3 2. Taking on full responsibility for the improvements,
4 selected from the list of improvements identified in paragraph
5 (a), and agreed to between the host local government and the
6 State Board of Education, the total cost of which equals the
7 contribution identified in paragraph (b).
8 (d) All concurrency management responsibilities of the
9 university board of trustees are fulfilled if the university
10 board of trustees expends the total amount of funds identified
11 in paragraph (b) notwithstanding that the university board of
12 trustees may not have undertaken or made contributions to some
13 of the measures identified in paragraph (a).
14 (e) Capital projects included in the campus
15 development agreement may be used by the local government for
16 the concurrency management purposes.
17 (f) Funds provided by universities in accordance with
18 campus development agreements are subject to appropriation by
19 the Legislature. A development authorized by a campus
20 development agreement may not be built until the funds to be
21 provided pursuant to paragraph (b) are appropriated by the
22 Legislature.
23 (14) A campus development agreement may not address or
24 include any standards or requirements for onsite development,
25 including environmental management requirements or
26 requirements for site preparation.
27 (15) Once the university board of trustees and host
28 local government agree on the provisions of the campus
29 development agreement, the campus development agreement shall
30 be executed by the university board of trustees and the host
31 local government in a manner consistent with the requirements
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1 of s. 163.3225. Once the campus development agreement is
2 executed, it is binding upon the university board of trustees
3 and host local government. A copy of the executed campus
4 development agreement must be sent to the state land planning
5 agency within 14 days after the date of execution.
6 (16) If, within 180 days following the host local
7 government's receipt of the proposed campus development
8 agreement, the university board of trustees and host local
9 government cannot reach agreement on the provisions of the
10 campus development agreement, the following procedures for
11 resolving the matter must be followed:
12 (a) The matter must be submitted to the state land
13 planning agency, which has 60 days to hold informal hearings,
14 if necessary, and identify the issues remaining in dispute,
15 prepare a record of the proceedings, and submit the matter to
16 the Administration Commission for final action. The report to
17 the Administration Commission must list each issue in dispute,
18 describe the nature and basis for each dispute, identify
19 alternative resolutions of each dispute, and make
20 recommendations.
21 (b) After receiving the report from the state land
22 planning agency, the Administration Commission shall take
23 action to resolve the issues in dispute. In deciding upon a
24 proper resolution, the Administration Commission shall
25 consider the nature of the issues in dispute, the compliance
26 of the parties with this section, the extent of the conflict
27 between the parties, the comparative hardships, and the public
28 interest involved. In resolving the matter, the Administration
29 Commission may prescribe, by order, the contents of the campus
30 development agreement.
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1 (17) Disputes that arise in the implementation of an
2 executed campus development agreement must be resolved as
3 follows:
4 (a) Each party shall select one mediator and notify
5 the other in writing of the selection. Thereafter, within 15
6 days after their selection, the two mediators selected by the
7 parties shall select a neutral, third mediator to complete the
8 mediation panel.
9 (b) Each party is responsible for all costs and fees
10 payable to the mediator selected by it and shall equally bear
11 responsibility for the costs and fees payable to the third
12 mediator for services rendered and costs expended in
13 connection with resolving disputes pursuant to the campus
14 development agreement.
15 (c) Within 10 days after the selection of the
16 mediation panel, proceedings must be convened by the panel to
17 resolve the issues in dispute.
18 (d) Within 60 days after the convening of the panel,
19 the panel shall issue a report containing a recommended
20 resolution of the issues in dispute.
21 (e) If either the university board of trustees or
22 local government rejects the recommended resolution of the
23 issues in dispute, the disputed issues must be resolved
24 pursuant to the procedures provided by subsection (16).
25 (18) Once the campus development agreement is
26 executed, all campus development may proceed without further
27 review by the host local government if it is consistent with
28 the adopted campus master plan and associated campus
29 development agreement.
30 (19) A campus development agreement may be amended
31 under subsections (10)-(16):
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1 (a) In conjunction with any amendment to the campus
2 master plan subject to the requirements in subsection (9).
3 (b) If either party delays by more than 12 months the
4 construction of a capital improvement identified in the
5 agreement.
6 (20) Any party to a campus development agreement or
7 aggrieved or adversely affected person, as defined in s.
8 163.3215(2), may file an action for injunctive relief in the
9 circuit court where the host local government is located to
10 enforce the terms of a campus development agreement or to
11 challenge compliance of the agreement with this section. This
12 action shall be the sole and exclusive remedy of an adversely
13 affected person other than a party to the agreement to enforce
14 any rights or obligations arising from a development
15 agreement.
16 (21) State and regional environmental program
17 requirements remain applicable, except that this section
18 supersedes all other sections of part II of chapter 163 and s.
19 380.06 except as provided in this section.
20 (22) In consultation with the state land planning
21 agency, each university board of trustees the State Board of
22 Education shall adopt rules to administer implementing
23 subsections (3)-(6). The rules must set specific schedules and
24 procedures for the development and adoption of campus master
25 plans.
26 (23) Until the campus master plan and campus
27 development agreement for an institution have been finalized,
28 any dispute between the university board of trustees and a
29 local government relating to campus development for that
30 institution shall be resolved by the process established in
31 subsection (8).
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1 Section 2. This act shall take effect July 1, 2005.
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4 SENATE SUMMARY
5 Revises various requirements for university boards of
trustees in preparing and adopting campus master plans.
6 Provides requirements for informal public information
sessions and public hearings. Limits the issues that an
7 individual may raise challenging a campus master plan.
Requires that the state land planning agency hold an
8 evidentiary hearing if a challenge to the master plan is
not resolved. Provides for attorney's fees under certain
9 circumstances. Requires that each university board of
trustees rather than the State Board of Education adopt
10 rules to administer the procedures for preparing and
adopting the campus master plan.
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