| 1 | Representative(s) Cannon offered the following: |
| 2 |
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| 3 | Amendment to Amendment (673873) (with title amendment) |
| 4 | Remove line(s) 79-309 and insert: |
| 5 | the discretion of the Board of Governors State Board of |
| 6 | Education; however, such elements are not subject to review |
| 7 | under this section. These additional elements may include the |
| 8 | academic mission of the institution, academic program, |
| 9 | utilities, public safety, architectural design, landscape |
| 10 | architectural 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 the |
| 15 | comprehensive plan of any affected local governments. A campus |
| 16 | master plan must be consistent with the state comprehensive |
| 17 | plan. |
| 18 | (6) Before a campus master plan is adopted, a copy of the |
| 19 | draft master plan must be sent for review or made available |
| 20 | electronically to the host and any affected local governments, |
| 21 | the state land planning agency, the Department of Environmental |
| 22 | Protection, the Department of Transportation, the Department of |
| 23 | State, the Fish and Wildlife Conservation Commission, and the |
| 24 | applicable water management district and regional planning |
| 25 | council. These agencies must be given 90 days after receipt of |
| 26 | the campus master plans in which to conduct their review and |
| 27 | provide comments to the university board of trustees. The |
| 28 | commencement of this review period must be advertised in |
| 29 | newspapers of general circulation within the host local |
| 30 | government and any affected local government to allow for public |
| 31 | comment. Following receipt and consideration of all comments, |
| 32 | and the holding of an informal information session and at least |
| 33 | two public hearings within the host jurisdiction, the university |
| 34 | board of trustees shall adopt the campus master plan. It is the |
| 35 | intent of the Legislature that the university board of trustees |
| 36 | comply with the notice requirements set forth in s. 163.3184(15) |
| 37 | to ensure full public participation in this planning process. |
| 38 | The informal public information session must be held before the |
| 39 | first public hearing. The first public hearing shall be held |
| 40 | before the draft master plan is sent to the agencies specified |
| 41 | in this subsection. The second public hearing shall be held in |
| 42 | conjunction with the adoption of the draft master plan by the |
| 43 | university board of trustees. Campus master plans developed |
| 44 | under this section are not rules and are not subject to chapter |
| 45 | 120 except as otherwise provided in this section. |
| 46 | (7) Notice that the campus master plan has been adopted |
| 47 | must be forwarded within 45 days after its adoption to any |
| 48 | affected person that submitted comments on the draft campus |
| 49 | master plan. The notice must state how and where a copy of the |
| 50 | master plan may be obtained or inspected. Within 30 days after |
| 51 | receipt of the notice of adoption of the campus master plan, or |
| 52 | 30 days after the date the adopted plan is available for review, |
| 53 | whichever is later, an affected person who submitted comments on |
| 54 | the draft master plan may petition the university board of |
| 55 | trustees, challenging the campus master plan as not being in |
| 56 | compliance with this section or any rule adopted under this |
| 57 | section. The petition must state each objection, identify its |
| 58 | source, and provide a recommended action. A petition filed by an |
| 59 | affected local government may raise only those issues directly |
| 60 | pertaining to the public facilities or services that the |
| 61 | affected local government provides to or maintains within the |
| 62 | campus or to the direct impact that campus development would |
| 63 | have on the affected local government. A petition filed by an |
| 64 | affected person must include those items required by the uniform |
| 65 | rules adopted under s. 120.54(5). Any affected person who files |
| 66 | a petition under this subsection may challenge only those |
| 67 | provisions in the plan that were raised by that person's oral or |
| 68 | written comments, recommendations, or objections presented to |
| 69 | the university board of trustees, as required by s. |
| 70 | 1013.30(1)(b). The university may, during the pendency of a |
| 71 | challenge, negotiate a campus development agreement as provided |
| 72 | in subsection (11). |
| 73 | (8) Following receipt of a petition challenging a campus |
| 74 | master plan or plan amendment, the university board of trustees |
| 75 | must submit the petition to the Division of Administrative |
| 76 | Hearings of the Department of Management Services for assignment |
| 77 | to an administrative law judge under ss. 120.569 and 120.57. |
| 78 | (a) If a party to the proceeding requests mediation, the |
| 79 | parties have no more than 30 days to resolve any issue in |
| 80 | dispute. The costs of the mediation must be borne equally by all |
| 81 | of the parties to the proceeding. |
| 82 | (b) If the matter is not resolved within 30 days, the |
| 83 | administrative law judge shall proceed with a hearing under ss. |
| 84 | 120.569 and 120.57. The hearing shall be held in the county |
| 85 | where the campus of the university subject to the amendment is |
| 86 | located. Within 60 days after receiving the petition, the |
| 87 | administrative law judge must, consistent with the applicable |
| 88 | requirements and procedures of the Administrative Procedure Act, |
| 89 | hold a hearing, identify the issues remaining in dispute, |
| 90 | prepare a record of the proceedings, and submit a recommended |
| 91 | order to the state land planning agency for final action. |
| 92 | Parties to the proceeding may submit written exceptions to the |
| 93 | recommended order within 10 days after the recommended order is |
| 94 | issued. The state land planning agency must issue its final |
| 95 | order no later than 60 days after receiving the recommended |
| 96 | order. |
| 97 | (8) Following receipt of a petition, the petitioning party |
| 98 | or parties and the university board of trustees shall mediate |
| 99 | the issues in dispute as follows: |
| 100 | (a) The parties have 60 days to resolve the issues in |
| 101 | dispute. Other affected parties that submitted comments on the |
| 102 | draft campus master plan must be given the opportunity to |
| 103 | participate in these and subsequent proceedings. |
| 104 | (b) If resolution of the matter cannot be achieved within |
| 105 | 60 days, the issues must be submitted to the state land planning |
| 106 | agency. The state land planning agency has 60 days to hold |
| 107 | informal hearings, if necessary, identify the issues remaining |
| 108 | in dispute, prepare a record of the proceedings, and submit the |
| 109 | matter to the Administration Commission for final action. The |
| 110 | report to the Administration Commission must list each issue in |
| 111 | dispute, describe the nature and basis for each dispute, |
| 112 | identify alternative resolutions of the dispute, and make |
| 113 | recommendations. |
| 114 | (c) After receiving the report from the state land |
| 115 | planning agency, the Administration Commission shall take action |
| 116 | to resolve the issues in dispute. In deciding upon a proper |
| 117 | resolution, the Administration Commission shall consider the |
| 118 | nature of the issues in dispute, the compliance of the parties |
| 119 | with this section, the extent of the conflict between the |
| 120 | parties, the comparative hardships, and the public interest |
| 121 | involved. If the Administration Commission incorporates in its |
| 122 | final order a term or condition that specifically requires the |
| 123 | university board of trustees or a local government to amend or |
| 124 | modify its plan, the university board of trustees shall have a |
| 125 | reasonable period of time to amend or modify its plan, and a |
| 126 | local government shall initiate the required plan amendment, |
| 127 | which shall be exempt from the requirements of s. 163.3187(1). |
| 128 | Any required amendment to a local government comprehensive plan |
| 129 | must be limited in scope so as to only relate to specific |
| 130 | impacts attributable to the campus development. The final order |
| 131 | of the state land planning agency Administration Commission is |
| 132 | subject to judicial review as provided in s. 120.68. |
| 133 | (d) The signature of an attorney or party constitutes a |
| 134 | certificate that he or she has read the pleading, motion, or |
| 135 | other paper and that, to the best of his or her knowledge, |
| 136 | information, and belief formed after reasonable inquiry, it is |
| 137 | not interposed for any improper purpose, such as to harass or to |
| 138 | cause unnecessary delay, or for economic advantage, competitive |
| 139 | reasons, frivolous purposes, or needless increase in the cost of |
| 140 | litigation. If a pleading, motion, or other paper is signed in |
| 141 | violation of these requirements, the division, upon motion or |
| 142 | its own initiative, shall impose upon either the person who |
| 143 | signed it or a represented party, or both, an appropriate |
| 144 | sanction, which may include an order to pay to the other party |
| 145 | or parties the amount of reasonable expenses incurred because of |
| 146 | the filing of the pleading, motion, or other paper, including |
| 147 | reasonable attorney's fees. |
| 148 | (9) An amendment to a campus master plan must be reviewed |
| 149 | and adopted under subsections (6)-(8) if such amendment, alone |
| 150 | or in conjunction with other amendments, would: |
| 151 | (a) Increase density or intensity of use of land on the |
| 152 | campus by more than 10 percent; |
| 153 | (b) Decrease the amount of natural areas, open space, or |
| 154 | buffers on the campus by more than 10 percent; or |
| 155 | (c) Rearrange land uses in a manner that will increase the |
| 156 | impact of any proposed campus development by more than 10 |
| 157 | percent on a road or on another public facility or service |
| 158 | provided or maintained by the state, the county, the host local |
| 159 | government, or any affected local government. |
| 160 | (10) Upon adoption of a campus master plan, the university |
| 161 | board of trustees shall draft a proposed campus development |
| 162 | agreement for each local government and send it to the local |
| 163 | government within 270 days after the adoption of the relevant |
| 164 | campus master plan. |
| 165 | (11) At a minimum, each campus development agreement: |
| 166 | (a) Must identify the geographic area of the campus and |
| 167 | local government covered by the campus development agreement. |
| 168 | (b) Must establish its duration, which must be at least 5 |
| 169 | years and not more than 10 years. |
| 170 | (c) Must address public facilities and services including |
| 171 | roads, sanitary sewer, solid waste, drainage, potable water, |
| 172 | parks and recreation, and public transportation. |
| 173 | (d) Must, for each of the facilities and services listed |
| 174 | in paragraph (c), identify the level-of-service standard |
| 175 | established by the applicable local government, identify the |
| 176 | entity that will provide the service to the campus, and describe |
| 177 | any financial arrangements between the Board of Governors State |
| 178 | Board of Education and other entities relating to the provision |
| 179 | of the facility or service. |
| 180 | (e) Must, for each of the facilities and services listed |
| 181 | in paragraph (c), determine the impact of existing and proposed |
| 182 | campus development reasonably expected over the term of the |
| 183 | campus development agreement on each service or facility and any |
| 184 | deficiencies in such service or facility which the proposed |
| 185 | campus development will create or to which it will contribute. |
| 186 | (f) May, if proposed by the university board of trustees, |
| 187 | address the issues prescribed in paragraphs (d) and (e) with |
| 188 | regard to additional facilities and services, including, but not |
| 189 | limited to, electricity, nonpotable water, law enforcement, fire |
| 190 | and emergency rescue, gas, and telephone. |
| 191 | (g) Must, to the extent it addresses issues addressed in |
| 192 | the campus master plan and host local government comprehensive |
| 193 | plan, be consistent with the adopted campus master plan and host |
| 194 | local government comprehensive plan. |
| 195 | (12)(a) Each proposed campus development agreement must |
| 196 | clearly identify the lands to which the university board of |
| 197 | trustees intends the campus development agreement to apply. |
| 198 | (b) Such land may include: |
| 199 | 1. Land to be purchased by the university board of |
| 200 | trustees and if purchased with state appropriated funds titled |
| 201 | in the name of the board of trustees of the Internal Improvement |
| 202 | Trust Fund for use by an institution over the life of the campus |
| 203 | development agreement. |
| 204 | 2. Land not owned by the board of trustees of the Internal |
| 205 | Improvement Trust Fund if the university board of trustees |
| 206 | intends to undertake development activities on the land during |
| 207 | the term of the campus development agreement. |
| 208 | (c) Land owned by the Board of Trustees of the Internal |
| 209 | Improvement Trust Fund for lease to the Board of Governors State |
| 210 | Board of Education acting on behalf of the institution may be |
| 211 | excluded, but any development activity undertaken on excluded |
| 212 | land is subject to part II of chapter 163. |
| 213 | (13) With regard to the impact of campus development on |
| 214 | the facilities and services listed in paragraph (11)(c), the |
| 215 | following applies: |
| 216 | (a) All improvements to facilities or services which are |
| 217 | necessary to eliminate the deficiencies identified in paragraph |
| 218 | (11)(e) must be specifically listed in the campus development |
| 219 | agreement. |
| 220 | (b) The university board of trustees' fair share of the |
| 221 | cost of the measures identified in paragraph (a) must be stated |
| 222 | in the campus development agreement. In determining the fair |
| 223 | share, the effect of any demand management techniques, which may |
| 224 | include such techniques as flexible work hours and carpooling, |
| 225 | that are used by the Board of Governors State Board of Education |
| 226 | to minimize the offsite impacts shall be considered. |
| 227 | (c) The university board of trustees is responsible for |
| 228 | paying the fair share identified in paragraph (b), and it may do |
| 229 | so by: |
| 230 | 1. Paying a fair share of each of the improvements |
| 231 | identified in paragraph (a); or |
| 232 | 2. Taking on full responsibility for the improvements, |
| 233 | selected from the list of improvements identified in paragraph |
| 234 | (a), and agreed to between the host local government and the |
| 235 | Board of Governors State Board of Education, the total cost of |
| 236 | which equals the |
| 237 |
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| 238 | ================ T I T L E A M E N D M E N T ============= |
| 239 | Remove line(s) 438 and insert: |
| 240 | electronic copies of its draft master plan; providing duties of |
| 241 | the Board of Governors; requiring that |