HB 0517

1	A bill to be entitled
2	An act relating to university campus master plans and
3	campus development agreements; amending s. 1013.30, F.S.;
4	revising items that must be identified in a campus master
5	plan; revising method for submission of a draft master
6	plan for review; providing additional hearing
7	requirements; providing requirements for the filing of a
8	petition by an individual; revising provisions relating to
9	mediation of issues in dispute; providing requirements for
10	the signing of a pleading, motion, or other paper;
11	providing for sanctions; requiring the adoption of rules
12	by university boards of trustees; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsections (3), (6), (7), (8), and (22) of
18	section 1013.30, Florida Statutes, are amended to read:
19	1013.30  University campus master plans and campus
20	development agreements.--
21	(3)  Each university board of trustees shall prepare and
22	adopt a campus master plan for the university. The master plan
23	must identify general land uses and address the need for and
24	plans for provision of roads, parking, public transportation,
25	solid waste, drainage, sewer, potable water, and recreation and
26	open space during the coming 10 to 20 years. The plans must
27	contain elements relating to future land use, intergovernmental
28	coordination, capital improvements, recreation and open space,
29	general infrastructure, housing, and conservation. Each element
30	must address compatibility with the surrounding community. The
31	master plan must identify specific land uses, location of
32	structures, densities and intensities of use, and contain
33	standards for onsite development, site design, environmental
34	management, and the preservation of historic and archaeological
35	resources. The transportation element must address reasonable
36	transportation demand management techniques to minimize offsite
37	impacts where possible. Data and analyses on which the elements
38	are based must include, at a minimum: the characteristics of
39	vacant lands; projected impacts of development on onsite and
40	offsite infrastructure, public services, and natural resources;
41	student enrollment projections; student housing needs; and the
42	need for academic and support facilities. Master plans must be
43	updated at least every 5 years.
44	(6)  Before a campus master plan is adopted, a copy of the
45	draft master plan must be sent or made available electronically
46	for review to the host and any affected local governments, the
47	state land planning agency, the Department of Environmental
48	Protection, the Department of Transportation, the Department of
49	State, the Fish and Wildlife Conservation Commission, and the
50	applicable water management district and regional planning
51	council. These agencies must be given 90 days after receipt of
52	the campus master plans in which to conduct their review and
53	provide comments to the university board of trustees. The
54	commencement of this review period must be advertised in
55	newspapers of general circulation within the host local
56	government and any affected local government to allow for public
57	comment. Following receipt and consideration of all comments,
58	and the holding of at least two public hearings within the host
59	jurisdiction, the university board of trustees shall adopt the
60	campus master plan. The first hearing shall be held by the
61	university prior to the draft master plan being sent to the
62	agencies identified in this subsection. The second hearing shall
63	be held by the university in conjunction with the adoption of
64	the draft master plan by the university board of trustees. It is
65	the intent of the Legislature that the university board of
66	trustees comply with the notice requirements set forth in s.
67	163.3184(15) to ensure full public participation in this
68	planning process. Campus master plans developed under this
69	section are not rules and are not subject to chapter 120 except
70	as otherwise provided in this section.
71	(7)  Notice that the campus master plan has been adopted
72	must be forwarded within 45 days after its adoption to any
73	affected person that submitted comments on the draft campus
74	master plan. The notice must state how and where a copy of the
75	master plan may be obtained or inspected. Within 30 days after
76	receipt of the notice of adoption of the campus master plan, or
77	30 days after the date the adopted plan is available for review,
78	whichever is later, an affected person who submitted comments on
79	the draft master plan may petition the university board of
80	trustees, challenging the campus master plan as not being in
81	compliance with this section or any rule adopted under this
82	section. The petition must state each objection, identify its
83	source, and provide a recommended action. A petition filed by an
84	affected local government may raise only those issues directly
85	pertaining to the public facilities or services that the
86	affected local government provides to or maintains within the
87	campus or to the direct impact that campus development would
88	have on the affected local government. A petition filed by an
89	individual may raise only those issues pertaining to the public
90	facilities or services that have a direct and material impact on
91	the individual. The university shall have the authority during
92	the pendency of a challenge to negotiate and execute a campus
93	development agreement as provided in subsection (11). Any
94	affected person who files a petition pursuant to this subsection
95	may challenge only those provisions in the plan that were raised
96	by that person's oral or written comments, recommendations, or
97	objections presented to the university board of trustees prior
98	to or during the adoption hearing for the campus master plan.
99	(8)  Following receipt of a petition, the petitioning party
100	or parties and the university board of trustees shall mediate
101	the issues in dispute as follows:
102	(a)  The parties have 60 days to resolve the issues in
103	dispute. Other affected parties that submitted comments on the
104	draft campus master plan must be given the opportunity to
105	participate in these and subsequent proceedings.
106	(b)  If resolution of the matter cannot be achieved within
107	60 days, the issues must be submitted to the state land planning
108	agency. The state land planning agency has 60 days to hold an
109	evidentiary hearing informal hearings, if necessary, identify
110	the issues remaining in dispute, prepare a record of the
111	proceedings, and submit the matter to the Administration
112	Commission for final action. The evidentiary hearing shall be
113	conducted using the evidentiary procedures set forth in s.
114	120.57(1). The report to the Administration Commission must be
115	based on evidence adduced on the record prior to and during the
116	evidentiary hearing and list each issue in dispute, describe the
117	nature and basis for each dispute, identify alternative
118	resolutions of
119	the dispute, determine the petitioner's compliance with
120	requirements of this section, and make recommendations.
121	(c)  After receiving the report from the state land
122	planning agency, the Administration Commission shall take action
123	to resolve the issues in dispute. In deciding upon a proper
124	resolution, the Administration Commission shall consider the
125	nature of the issues in dispute, the compliance of the parties
126	with this section, the extent of the conflict between the
127	parties, the comparative hardships, and the public interest
128	involved. If the Administration Commission incorporates in its
129	final order a term or condition that specifically requires the
130	university board of trustees or a local government to amend or
131	modify its plan, the university board of trustees shall have a
132	reasonable period of time to amend or modify its plan, and a
133	local government shall initiate the required plan amendment,
134	which shall be exempt from the requirements of s. 163.3187(1).
135	Any required amendment to a local government comprehensive plan
136	must be limited in scope so as to only relate to specific
137	impacts attributable to the campus development. The final order
138	of the Administration Commission is subject to judicial review
139	as provided in s. 120.68.
140	(d)  The signature of an attorney or party constitutes a
141	certificate that he or she has read the pleading, motion, or
142	other paper and that, to the best of his or her knowledge,
143	information, and belief formed after reasonable inquiry, it is
144	not interposed for any improper purpose, such as to harass or to
145	cause unnecessary delay, or for economic advantage, competitive
146	reasons, or frivolous purposes or needless increase in the cost
147	of litigation. If a pleading, motion, or other paper is signed
148	in violation of these requirements, the Administration
149	Commission, upon motion or its own initiative, shall impose upon
150	the person who signed it, a represented party, or both, an
151	appropriate sanction, which may include an order to pay to the
152	other party or parties the amount of reasonable expenses
153	incurred because of the filing of the pleading, motion, or other
154	paper, including a reasonable attorney's fee.
155	(22)  In consultation with the state land planning agency,
156	each university board of trustees the State Board of Education
157	shall adopt rules implementing subsections (3)-(6). The rules
158	must set specific schedules and procedures for the development
159	and adoption of campus master plans.
160	Section 2.  This act shall take effect July 1, 2005.

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