Amendment
Bill No. 0517

Amendment No. 673873

CHAMBER ACTION
Senate		House
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1	Representative(s) Cannon offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 1013.30, Florida Statutes, is amended
6	to read:
7	1013.30  University campus master plans and campus
8	development agreements.--
9	(1)  This section contains provisions for campus planning
10	and concurrency management that supersede the requirements of
11	part II of chapter 163, except when stated otherwise in this
12	section. These special growth management provisions are adopted
13	in recognition of the unique relationship between university
14	campuses and the local governments in which they are located.
15	While the campuses provide research and educational benefits of
16	statewide and national importance, and further provide
17	substantial educational, economic, and cultural benefits to
18	their host local governments, they may also have an adverse
19	impact on the public facilities and services and natural
20	resources of host governments. On balance, however, universities
21	should be considered as vital public facilities of the state and
22	local governments. The intent of this section is to address this
23	unique relationship by providing for the preparation of campus
24	master plans and associated campus development agreements.
25	(2)  As used in this section:
26	(a)  "Affected local government" means a unit of local
27	government that provides public services to or is responsible
28	for maintaining facilities within a campus of an institution or
29	is directly affected by development that is proposed for a
30	campus.
31	(b)  "Affected person" means a host local government; an
32	affected local government; any state, regional, or federal
33	agency; or a person who resides, owns property, or owns or
34	operates a business within the boundaries of a host local
35	government or affected local government. In order to qualify
36	under this definition, each person, other than a host or
37	affected local government, must have submitted oral or written
38	comments, recommendations, or objections to the university
39	during the period of time beginning with the advertisement of
40	the first public hearing under subsection (6) and ending with
41	the adoption of the campus master plan or plan amendment. If the
42	plan or plan amendment is amended at the adoption hearing, the
43	time period shall be extended by 7 calendar days. However, any
44	comments, recommendations, or objections filed during the
45	extension must be limited to those amendments adopted at the
46	adoption hearing.
47	(c)  "Host local government" means a local government
48	within the jurisdiction of which all or part of a campus of an
49	institution is located, but does not include a county if no part
50	of an institution is located within its unincorporated area.
51	(d)  "Institution" means a university.
52	(e)  Division" means the Division of Administrative
53	Hearings.
54	(3)  Each university board of trustees shall prepare and
55	adopt a campus master plan for the university and maintain a
56	copy of the plan on the university's website. The master plan
57	must identify general land uses and address the need for and
58	plans for provision of roads, parking, public transportation,
59	solid waste, drainage, sewer, potable water, and recreation and
60	open space during the coming 10 to 20 years. The plans must
61	contain elements relating to future land use, intergovernmental
62	coordination, capital improvements, recreation and open space,
63	general infrastructure, housing, and conservation. Each element
64	must address compatibility with the surrounding community. The
65	master plan must identify specific land uses, general location
66	of structures, densities and intensities of use, and contain
67	standards for onsite development, site design, environmental
68	management, and the preservation of historic and archaeological
69	resources. The transportation element must address reasonable
70	transportation demand management techniques to minimize offsite
71	impacts where possible. Data and analyses on which the elements
72	are based must include, at a minimum: the characteristics of
73	vacant lands; projected impacts of development on onsite and
74	offsite infrastructure, public services, and natural resources;
75	student enrollment projections; student housing needs; and the
76	need for academic and support facilities. Master plans must be
77	updated at least every 5 years.
78	(4)  Campus master plans may contain additional elements at
79	the discretion of the State Board of Education; however, such
80	elements are not subject to review under this section. These
81	additional elements may include the academic mission of the
82	institution, academic program, utilities, public safety,
83	architectural design, landscape architectural design, and
84	facilities maintenance.
85	(5)  Subject to the right of the university board of
86	trustees to initiate the dispute resolution provisions of
87	subsection (8), a campus master plan must not be in conflict
88	with the comprehensive plan of the host local government and the
89	comprehensive plan of any affected local governments. A campus
90	master plan must be consistent with the state comprehensive
91	plan.
92	(6)  Before a campus master plan is adopted, a copy of the
93	draft master plan must be sent for review or made available
94	electronically to the host and any affected local governments,
95	the state land planning agency, the Department of Environmental
96	Protection, the Department of Transportation, the Department of
97	State, the Fish and Wildlife Conservation Commission, and the
98	applicable water management district and regional planning
99	council. These agencies must be given 90 days after receipt of
100	the campus master plans in which to conduct their review and
101	provide comments to the university board of trustees. The
102	commencement of this review period must be advertised in
103	newspapers of general circulation within the host local
104	government and any affected local government to allow for public
105	comment. Following receipt and consideration of all comments,
106	and the holding of an informal information session and at least
107	two public hearings within the host jurisdiction, the university
108	board of trustees shall adopt the campus master plan. It is the
109	intent of the Legislature that the university board of trustees
110	comply with the notice requirements set forth in s. 163.3184(15)
111	to ensure full public participation in this planning process.
112	The informal public information session must be held before the
113	first public hearing. The first public hearing shall be held
114	before the draft master plan is sent to the agencies specified
115	in this subsection. The second public hearing shall be held in
116	conjunction with the adoption of the draft master plan by the
117	university board of trustees. Campus master plans developed
118	under this section are not rules and are not subject to chapter
119	120 except as otherwise provided in this section.
120	(7)  Notice that the campus master plan has been adopted
121	must be forwarded within 45 days after its adoption to any
122	affected person that submitted comments on the draft campus
123	master plan. The notice must state how and where a copy of the
124	master plan may be obtained or inspected. Within 30 days after
125	receipt of the notice of adoption of the campus master plan, or
126	30 days after the date the adopted plan is available for review,
127	whichever is later, an affected person who submitted comments on
128	the draft master plan may petition the university board of
129	trustees, challenging the campus master plan as not being in
130	compliance with this section or any rule adopted under this
131	section. The petition must state each objection, identify its
132	source, and provide a recommended action. A petition filed by an
133	affected local government may raise only those issues directly
134	pertaining to the public facilities or services that the
135	affected local government provides to or maintains within the
136	campus or to the direct impact that campus development would
137	have on the affected local government. A petition filed by an
138	affected person must include those items required by the uniform
139	rules adopted under s. 120.54(5). Any affected person who files
140	a petition under this subsection may challenge only those
141	provisions in the plan that were raised by that person's oral or
142	written comments, recommendations, or objections presented to
143	the university board of trustees, as required by s.
144	1013.30(1)(b). The university may, during the pendency of a
145	challenge, negotiate a campus development agreement as provided
146	in subsection (11).
147	(8)  Following receipt of a petition challenging a campus
148	master plan or plan amendment, the university board of trustees
149	must submit the petition to the Division of Administrative
150	Hearings of the Department of Management Services for assignment
151	to an administrative law judge under ss. 120.569 and 120.57.
152	(a)  If a party to the proceeding requests mediation, the
153	parties have no more than 30 days to resolve any issue in
154	dispute. The costs of the mediation must be borne equally by all
155	of the parties to the proceeding.
156	(b)  If the matter is not resolved within 30 days, the
157	administrative law judge shall proceed with a hearing under ss.
158	120.569 and 120.57. The hearing shall be held in the county
159	where the campus of the university subject to the amendment is
160	located. Within 60 days after receiving the petition, the
161	administrative law judge must, consistent with the applicable
162	requirements and procedures of the Administrative Procedure Act,
163	hold a hearing, identify the issues remaining in dispute,
164	prepare a record of the proceedings, and submit a recommended
165	order to the state land planning agency for final action.
166	Parties to the proceeding may submit written exceptions to the
167	recommended order within 10 days after the recommended order is
168	issued. The state land planning agency must issue its final
169	order no later than 60 days after receiving the recommended
170	order.
171	(8)  Following receipt of a petition, the petitioning party
172	or parties and the university board of trustees shall mediate
173	the issues in dispute as follows:
174	(a)  The parties have 60 days to resolve the issues in
175	dispute. Other affected parties that submitted comments on the
176	draft campus master plan must be given the opportunity to
177	participate in these and subsequent proceedings.
178	(b)  If resolution of the matter cannot be achieved within
179	60 days, the issues must be submitted to the state land planning
180	agency. The state land planning agency has 60 days to hold
181	informal hearings, if necessary,  identify the issues remaining
182	in dispute, prepare a record of the proceedings, and submit the
183	matter to the Administration Commission for final action. The
184	report to the Administration Commission must list each issue in
185	dispute, describe the nature and basis for each dispute,
186	identify alternative resolutions of the dispute,  and make
187	recommendations.
188	(c)  After receiving the report from the state land
189	planning agency, the Administration Commission shall take action
190	to resolve the issues in dispute. In deciding upon a proper
191	resolution, the Administration Commission shall consider the
192	nature of the issues in dispute, the compliance of the parties
193	with this section, the extent of the conflict between the
194	parties, the comparative hardships, and the public interest
195	involved. If the Administration Commission incorporates in its
196	final order a term or condition that specifically requires the
197	university board of trustees or a local government to amend or
198	modify its plan, the university board of trustees shall have a
199	reasonable period of time to amend or modify its plan, and a
200	local government shall initiate the required plan amendment,
201	which shall be exempt from the requirements of s. 163.3187(1).
202	Any required amendment to a local government comprehensive plan
203	must be limited in scope so as to only relate to specific
204	impacts attributable to the campus development. The final order
205	of the state land planning agency Administration Commission is
206	subject to judicial review as provided in s. 120.68.
207	(d)  The signature of an attorney or party constitutes a
208	certificate that he or she has read the pleading, motion, or
209	other paper and that, to the best of his or her knowledge,
210	information, and belief formed after reasonable inquiry, it is
211	not interposed for any improper purpose, such as to harass or to
212	cause unnecessary delay, or for economic advantage, competitive
213	reasons, frivolous purposes, or needless increase in the cost of
214	litigation. If a pleading, motion, or other paper is signed in
215	violation of these requirements, the division, upon motion or
216	its own initiative, shall impose upon either the person who
217	signed it or a represented party, or both, an appropriate
218	sanction, which may include an order to pay to the other party
219	or parties the amount of reasonable expenses incurred because of
220	the filing of the pleading, motion, or other paper, including
221	reasonable attorney's fees.
222	(9)  An amendment to a campus master plan must be reviewed
223	and adopted under subsections (6)-(8) if such amendment, alone
224	or in conjunction with other amendments, would:
225	(a)  Increase density or intensity of use of land on the
226	campus by more than 10 percent;
227	(b)  Decrease the amount of natural areas, open space, or
228	buffers on the campus by more than 10 percent; or
229	(c)  Rearrange land uses in a manner that will increase the
230	impact of any proposed campus development by more than 10
231	percent on a road or on another public facility or service
232	provided or maintained by the state, the county, the host local
233	government, or any affected local government.
234	(10)  Upon adoption of a campus master plan, the university
235	board of trustees shall draft a proposed campus development
236	agreement for each local government and send it to the local
237	government within 270 days after the adoption of the relevant
238	campus master plan.
239	(11)  At a minimum, each campus development agreement:
240	(a)  Must identify the geographic area of the campus and
241	local government covered by the campus development agreement.
242	(b)  Must establish its duration, which must be at least 5
243	years and not more than 10 years.
244	(c)  Must address public facilities and services including
245	roads, sanitary sewer, solid waste, drainage, potable water,
246	parks and recreation, and public transportation.
247	(d)  Must, for each of the facilities and services listed
248	in paragraph (c), identify the level-of-service standard
249	established by the applicable local government, identify the
250	entity that will provide the service to the campus, and describe
251	any financial arrangements between the State Board of Education
252	and other entities relating to the provision of the facility or
253	service.
254	(e)  Must, for each of the facilities and services listed
255	in paragraph (c), determine the impact of existing and proposed
256	campus development reasonably expected over the term of the
257	campus development agreement on each service or facility and any
258	deficiencies in such service or facility which the proposed
259	campus development will create or to which it will contribute.
260	(f)  May, if proposed by the university board of trustees,
261	address the issues prescribed in paragraphs (d) and (e) with
262	regard to additional facilities and services, including, but not
263	limited to, electricity, nonpotable water, law enforcement, fire
264	and emergency rescue, gas, and telephone.
265	(g)  Must, to the extent it addresses issues addressed in
266	the campus master plan and host local government comprehensive
267	plan, be consistent with the adopted campus master plan and host
268	local government comprehensive plan.
269	(12)(a)  Each proposed campus development agreement must
270	clearly identify the lands to which the university board of
271	trustees intends the campus development agreement to apply.
272	(b)  Such land may include:
273	1.  Land to be purchased by the university board of
274	trustees and if purchased with state appropriated funds titled
275	in the name of the board of trustees of the Internal Improvement
276	Trust Fund for use by an institution over the life of the campus
277	development agreement.
278	2.  Land not owned by the board of trustees of the Internal
279	Improvement Trust Fund if the university board of trustees
280	intends to undertake development activities on the land during
281	the term of the campus development agreement.
282	(c)  Land owned by the Board of Trustees of the Internal
283	Improvement Trust Fund for lease to the State Board of Education
284	acting on behalf of the institution may be excluded, but any
285	development activity undertaken on excluded land is subject to
286	part II of chapter 163.
287	(13)  With regard to the impact of campus development on
288	the facilities and services listed in paragraph (11)(c), the
289	following applies:
290	(a)  All improvements to facilities or services which are
291	necessary to eliminate the deficiencies identified in paragraph
292	(11)(e) must be specifically listed in the campus development
293	agreement.
294	(b)  The university board of trustees' fair share of the
295	cost of the measures identified in paragraph (a) must be stated
296	in the campus development agreement. In determining the fair
297	share, the effect of any demand management techniques, which may
298	include such techniques as flexible work hours and carpooling,
299	that are used by the State Board of Education to minimize the
300	offsite impacts shall be considered.
301	(c)  The university board of trustees is responsible for
302	paying the fair share identified in paragraph (b), and it may do
303	so by:
304	1.  Paying a fair share of each of the improvements
305	identified in paragraph (a); or
306	2.  Taking on full responsibility for the improvements,
307	selected from the list of improvements identified in paragraph
308	(a), and agreed to between the host local government and the
309	State Board of Education, the total cost of which equals the
310	contribution identified in paragraph (b).
311	(d)  All concurrency management responsibilities of the
312	university board of trustees are fulfilled if the university
313	board of trustees expends the total amount of funds identified
314	in paragraph (b) notwithstanding that the university board of
315	trustees may not have undertaken or made contributions to some
316	of the measures identified in paragraph (a).
317	(e)  Capital projects included in the campus development
318	agreement may be used by the local government for the
319	concurrency management purposes.
320	(f)  Funds provided by universities in accordance with
321	campus development agreements are subject to appropriation by
322	the Legislature. A development authorized by a campus
323	development agreement may not be built until the funds to be
324	provided pursuant to paragraph (b) are appropriated by the
325	Legislature.
326	(14)  A campus development agreement may not address or
327	include any standards or requirements for onsite development,
328	including environmental management requirements or requirements
329	for site preparation.
330	(15)  Once the university board of trustees and host local
331	government agree on the provisions of the campus development
332	agreement, the campus development agreement shall be executed by
333	the university board of trustees and the host local government
334	in a manner consistent with the requirements of s. 163.3225.
335	Once the campus development agreement is executed, it is binding
336	upon the university board of trustees and host local government.
337	A copy of the executed campus development agreement must be sent
338	to the state land planning agency within 14 days after the date
339	of execution.
340	(16)  If, within 180 days following the host local
341	government's receipt of the proposed campus development
342	agreement, the university board of trustees and host local
343	government cannot reach agreement on the provisions of the
344	campus development agreement, the following procedures for
345	resolving the matter must be followed:
346	(a)  The matter must be submitted to the state land
347	planning agency, which has 60 days to hold informal hearings, if
348	necessary, and identify the issues remaining in dispute, prepare
349	a record of the proceedings, and submit the matter to the
350	Administration Commission for final action. The report to the
351	Administration Commission must list each issue in dispute,
352	describe the nature and basis for each dispute, identify
353	alternative resolutions of each dispute, and make
354	recommendations.
355	(b)  After receiving the report from the state land
356	planning agency, the Administration Commission shall take action
357	to resolve the issues in dispute. In deciding upon a proper
358	resolution, the state land planning agency Administration
359	Commission shall consider the nature of the issues in dispute,
360	the compliance of the parties with this section, the extent of
361	the conflict between the parties, the comparative hardships, and
362	the public interest involved. In resolving the matter, the state
363	land planning agency Administration Commission may prescribe, by
364	order, the contents of the campus development agreement.
365	(17)  Disputes that arise in the implementation of an
366	executed campus development agreement must be resolved as
367	follows:
368	(a)  Each party shall select one mediator and notify the
369	other in writing of the selection. Thereafter, within 15 days
370	after their selection, the two mediators selected by the parties
371	shall select a neutral, third mediator to complete the mediation
372	panel.
373	(b)  Each party is responsible for all costs and fees
374	payable to the mediator selected by it and shall equally bear
375	responsibility for the costs and fees payable to the third
376	mediator for services rendered and costs expended in connection
377	with resolving disputes pursuant to the campus development
378	agreement.
379	(c)  Within 10 days after the selection of the mediation
380	panel, proceedings must be convened by the panel to resolve the
381	issues in dispute.
382	(d)  Within 60 days after the convening of the panel, the
383	panel shall issue a report containing a recommended resolution
384	of the issues in dispute.
385	(e)  If either the university board of trustees or local
386	government rejects the recommended resolution of the issues in
387	dispute, the disputed issues must be resolved pursuant to the
388	procedures provided by subsection (16).
389	(18)  Once the campus development agreement is executed,
390	all campus development may proceed without further review by the
391	host local government if it is consistent with the adopted
392	campus master plan and associated campus development agreement.
393	(19)  A campus development agreement may be amended under
394	subsections (10)-(16):
395	(a)  In conjunction with any amendment to the campus master
396	plan subject to the requirements in subsection (9).
397	(b)  If either party delays by more than 12 months the
398	construction of a capital improvement identified in the
399	agreement.
400	(20)  Any party to a campus development agreement or
401	aggrieved or adversely affected person, as defined in s.
402	163.3215(2), may file an action for injunctive relief in the
403	circuit court where the host local government is located to
404	enforce the terms of a campus development agreement or to
405	challenge compliance of the agreement with this section. This
406	action shall be the sole and exclusive remedy of an adversely
407	affected person other than a party to the agreement to enforce
408	any rights or obligations arising from a development agreement.
409	(21)  State and regional environmental program requirements
410	remain applicable, except that this section supersedes all other
411	sections of part II of chapter 163 and s. 380.06 except as
412	provided in this section.
413	(22)  In consultation with the state land planning agency,
414	the Board of Governors State Board of Education shall adopt a
415	single, uniform set of rules to administer implementing
416	subsections (3)-(6). The rules must set specific schedules and
417	procedures for the development and adoption of campus master
418	plans. Before adopting the rules, the Board of Governors must
419	obtain written verification from the state land planning agency
420	that the rules satisfy the minimum statutory criteria required
421	by subsections (3)-(6). The state land planning agency shall
422	provide the verification within 45 days after receiving a copy
423	of the rules.
424	(23)  Until the campus master plan and campus development
425	agreement for an institution have been finalized, any dispute
426	between the university board of trustees and a local government
427	relating to campus development for that institution shall be
428	resolved by the process established in subsection (8).
429	Section 2.  This act shall take effect July 1, 2005.
430
431	================= T I T L E  A M E N D M E N T =================
432	Remove the entire title and insert:
433	A bill to be entitled
434	An act relating to university campus planning; amending s.
435	1013.30, F.S.; defining terms; requiring each university
436	board of trustees to maintain a copy of the campus master
437	plan on the university's website and provide for
438	electronic copies of its draft master plan; requiring that
439	the university hold an informal public information session
440	before the required public hearings are held on the draft
441	master plan; requiring that the public hearings be held at
442	specified times; limiting the issues that an individual
443	may raise challenging a campus master plan; authorizing
444	the university to execute a campus development agreement
445	during the pendency of a challenge; providing for an
446	evidentiary hearing to be held by the Division of
447	Administrative Hearings if a challenge to the master plan
448	is not resolved; specifying the evidentiary procedures to
449	be used in such hearing; providing for attorney's fees in
450	any dispute submitted to the state land planning agency or
451	the Administration Commission in which the pleading or
452	motion was made for an improper purpose or for economic
453	advantage; revising procedures to resolve disputes between
454	the university board of trustees and the host local
455	government; requiring that Board of Governors rather than
456	the State Board of Education adopt rules to administer the
457	procedures for preparing and adopting the campus master
458	plan; providing an effective date.

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