Amendment
Bill No. 0517
Amendment No. 667407
CHAMBER ACTION
Senate House
.
.
.






1Representative(s) Cannon offered the following:
2
3     Amendment to Amendment (673873) (with title amendment)
4Remove line(s) 79-309 and insert:
5the discretion of the Board of Governors State Board of
6Education; however, such elements are not subject to review
7under this section. These additional elements may include the
8academic mission of the institution, academic program,
9utilities, public safety, architectural design, landscape
10architectural design, and facilities maintenance.
11     (5)  Subject to the right of the university board of
12trustees to initiate the dispute resolution provisions of
13subsection (8), a campus master plan must not be in conflict
14with the comprehensive plan of the host local government and the
15comprehensive plan of any affected local governments. A campus
16master plan must be consistent with the state comprehensive
17plan.
18     (6)  Before a campus master plan is adopted, a copy of the
19draft master plan must be sent for review or made available
20electronically to the host and any affected local governments,
21the state land planning agency, the Department of Environmental
22Protection, the Department of Transportation, the Department of
23State, the Fish and Wildlife Conservation Commission, and the
24applicable water management district and regional planning
25council. These agencies must be given 90 days after receipt of
26the campus master plans in which to conduct their review and
27provide comments to the university board of trustees. The
28commencement of this review period must be advertised in
29newspapers of general circulation within the host local
30government and any affected local government to allow for public
31comment. Following receipt and consideration of all comments,
32and the holding of an informal information session and at least
33two public hearings within the host jurisdiction, the university
34board of trustees shall adopt the campus master plan. It is the
35intent of the Legislature that the university board of trustees
36comply with the notice requirements set forth in s. 163.3184(15)
37to ensure full public participation in this planning process.
38The informal public information session must be held before the
39first public hearing. The first public hearing shall be held
40before the draft master plan is sent to the agencies specified
41in this subsection. The second public hearing shall be held in
42conjunction with the adoption of the draft master plan by the
43university board of trustees. Campus master plans developed
44under this section are not rules and are not subject to chapter
45120 except as otherwise provided in this section.
46     (7)  Notice that the campus master plan has been adopted
47must be forwarded within 45 days after its adoption to any
48affected person that submitted comments on the draft campus
49master plan. The notice must state how and where a copy of the
50master plan may be obtained or inspected. Within 30 days after
51receipt of the notice of adoption of the campus master plan, or
5230 days after the date the adopted plan is available for review,
53whichever is later, an affected person who submitted comments on
54the draft master plan may petition the university board of
55trustees, challenging the campus master plan as not being in
56compliance with this section or any rule adopted under this
57section. The petition must state each objection, identify its
58source, and provide a recommended action. A petition filed by an
59affected local government may raise only those issues directly
60pertaining to the public facilities or services that the
61affected local government provides to or maintains within the
62campus or to the direct impact that campus development would
63have on the affected local government. A petition filed by an
64affected person must include those items required by the uniform
65rules adopted under s. 120.54(5). Any affected person who files
66a petition under this subsection may challenge only those
67provisions in the plan that were raised by that person's oral or
68written comments, recommendations, or objections presented to
69the university board of trustees, as required by s.
701013.30(1)(b). The university may, during the pendency of a
71challenge, negotiate a campus development agreement as provided
72in subsection (11).
73     (8)  Following receipt of a petition challenging a campus
74master plan or plan amendment, the university board of trustees
75must submit the petition to the Division of Administrative
76Hearings of the Department of Management Services for assignment
77to an administrative law judge under ss. 120.569 and 120.57.
78     (a)  If a party to the proceeding requests mediation, the
79parties have no more than 30 days to resolve any issue in
80dispute. The costs of the mediation must be borne equally by all
81of the parties to the proceeding.
82     (b)  If the matter is not resolved within 30 days, the
83administrative law judge shall proceed with a hearing under ss.
84120.569 and 120.57. The hearing shall be held in the county
85where the campus of the university subject to the amendment is
86located. Within 60 days after receiving the petition, the
87administrative law judge must, consistent with the applicable
88requirements and procedures of the Administrative Procedure Act,
89hold a hearing, identify the issues remaining in dispute,
90prepare a record of the proceedings, and submit a recommended
91order to the state land planning agency for final action.
92Parties to the proceeding may submit written exceptions to the
93recommended order within 10 days after the recommended order is
94issued. The state land planning agency must issue its final
95order no later than 60 days after receiving the recommended
96order.
97     (8)  Following receipt of a petition, the petitioning party
98or parties and the university board of trustees shall mediate
99the issues in dispute as follows:
100     (a)  The parties have 60 days to resolve the issues in
101dispute. Other affected parties that submitted comments on the
102draft campus master plan must be given the opportunity to
103participate in these and subsequent proceedings.
104     (b)  If resolution of the matter cannot be achieved within
10560 days, the issues must be submitted to the state land planning
106agency. The state land planning agency has 60 days to hold
107informal hearings, if necessary,  identify the issues remaining
108in dispute, prepare a record of the proceedings, and submit the
109matter to the Administration Commission for final action. The
110report to the Administration Commission must list each issue in
111dispute, describe the nature and basis for each dispute,
112identify alternative resolutions of the dispute,  and make
113recommendations.
114     (c)  After receiving the report from the state land
115planning agency, the Administration Commission shall take action
116to resolve the issues in dispute. In deciding upon a proper
117resolution, the Administration Commission shall consider the
118nature of the issues in dispute, the compliance of the parties
119with this section, the extent of the conflict between the
120parties, the comparative hardships, and the public interest
121involved. If the Administration Commission incorporates in its
122final order a term or condition that specifically requires the
123university board of trustees or a local government to amend or
124modify its plan, the university board of trustees shall have a
125reasonable period of time to amend or modify its plan, and a
126local government shall initiate the required plan amendment,
127which shall be exempt from the requirements of s. 163.3187(1).
128Any required amendment to a local government comprehensive plan
129must be limited in scope so as to only relate to specific
130impacts attributable to the campus development. The final order
131of the state land planning agency Administration Commission is
132subject to judicial review as provided in s. 120.68.
133     (d)  The signature of an attorney or party constitutes a
134certificate that he or she has read the pleading, motion, or
135other paper and that, to the best of his or her knowledge,
136information, and belief formed after reasonable inquiry, it is
137not interposed for any improper purpose, such as to harass or to
138cause unnecessary delay, or for economic advantage, competitive
139reasons, frivolous purposes, or needless increase in the cost of
140litigation. If a pleading, motion, or other paper is signed in
141violation of these requirements, the division, upon motion or
142its own initiative, shall impose upon either the person who
143signed it or a represented party, or both, an appropriate
144sanction, which may include an order to pay to the other party
145or parties the amount of reasonable expenses incurred because of
146the filing of the pleading, motion, or other paper, including
147reasonable attorney's fees.
148     (9)  An amendment to a campus master plan must be reviewed
149and adopted under subsections (6)-(8) if such amendment, alone
150or in conjunction with other amendments, would:
151     (a)  Increase density or intensity of use of land on the
152campus by more than 10 percent;
153     (b)  Decrease the amount of natural areas, open space, or
154buffers on the campus by more than 10 percent; or
155     (c)  Rearrange land uses in a manner that will increase the
156impact of any proposed campus development by more than 10
157percent on a road or on another public facility or service
158provided or maintained by the state, the county, the host local
159government, or any affected local government.
160     (10)  Upon adoption of a campus master plan, the university
161board of trustees shall draft a proposed campus development
162agreement for each local government and send it to the local
163government within 270 days after the adoption of the relevant
164campus master plan.
165     (11)  At a minimum, each campus development agreement:
166     (a)  Must identify the geographic area of the campus and
167local government covered by the campus development agreement.
168     (b)  Must establish its duration, which must be at least 5
169years and not more than 10 years.
170     (c)  Must address public facilities and services including
171roads, sanitary sewer, solid waste, drainage, potable water,
172parks and recreation, and public transportation.
173     (d)  Must, for each of the facilities and services listed
174in paragraph (c), identify the level-of-service standard
175established by the applicable local government, identify the
176entity that will provide the service to the campus, and describe
177any financial arrangements between the Board of Governors State
178Board of Education and other entities relating to the provision
179of the facility or service.
180     (e)  Must, for each of the facilities and services listed
181in paragraph (c), determine the impact of existing and proposed
182campus development reasonably expected over the term of the
183campus development agreement on each service or facility and any
184deficiencies in such service or facility which the proposed
185campus development will create or to which it will contribute.
186     (f)  May, if proposed by the university board of trustees,
187address the issues prescribed in paragraphs (d) and (e) with
188regard to additional facilities and services, including, but not
189limited to, electricity, nonpotable water, law enforcement, fire
190and emergency rescue, gas, and telephone.
191     (g)  Must, to the extent it addresses issues addressed in
192the campus master plan and host local government comprehensive
193plan, be consistent with the adopted campus master plan and host
194local government comprehensive plan.
195     (12)(a)  Each proposed campus development agreement must
196clearly identify the lands to which the university board of
197trustees intends the campus development agreement to apply.
198     (b)  Such land may include:
199     1.  Land to be purchased by the university board of
200trustees and if purchased with state appropriated funds titled
201in the name of the board of trustees of the Internal Improvement
202Trust Fund for use by an institution over the life of the campus
203development agreement.
204     2.  Land not owned by the board of trustees of the Internal
205Improvement Trust Fund if the university board of trustees
206intends to undertake development activities on the land during
207the term of the campus development agreement.
208     (c)  Land owned by the Board of Trustees of the Internal
209Improvement Trust Fund for lease to the Board of Governors State
210Board of Education acting on behalf of the institution may be
211excluded, but any development activity undertaken on excluded
212land is subject to part II of chapter 163.
213     (13)  With regard to the impact of campus development on
214the facilities and services listed in paragraph (11)(c), the
215following applies:
216     (a)  All improvements to facilities or services which are
217necessary to eliminate the deficiencies identified in paragraph
218(11)(e) must be specifically listed in the campus development
219agreement.
220     (b)  The university board of trustees' fair share of the
221cost of the measures identified in paragraph (a) must be stated
222in the campus development agreement. In determining the fair
223share, the effect of any demand management techniques, which may
224include such techniques as flexible work hours and carpooling,
225that are used by the Board of Governors State Board of Education
226to minimize the offsite impacts shall be considered.
227     (c)  The university board of trustees is responsible for
228paying the fair share identified in paragraph (b), and it may do
229so by:
230     1.  Paying a fair share of each of the improvements
231identified in paragraph (a); or
232     2.  Taking on full responsibility for the improvements,
233selected from the list of improvements identified in paragraph
234(a), and agreed to between the host local government and the
235Board of Governors State Board of Education, the total cost of
236which equals the
237
238================ T I T L E  A M E N D M E N T =============
239     Remove line(s) 438 and insert:
240electronic copies of its draft master plan; providing duties of
241the Board of Governors; requiring that


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