| 1 | The Growth Management Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to university campus master plans and |
| 7 | campus development agreements; amending s. 1013.30, F.S.; |
| 8 | providing that a master plan must identify the tentative |
| 9 | location of structures; revising method for submission of |
| 10 | a draft master plan for review; revising the review period |
| 11 | for draft master plans; providing additional hearing |
| 12 | requirements; providing requirements for the filing of a |
| 13 | petition by an individual; revising provisions relating to |
| 14 | mediation of issues in dispute; providing requirements for |
| 15 | the signing of a pleading, motion, or other paper; |
| 16 | providing for sanctions; requiring the adoption of rules |
| 17 | by university boards of trustees; providing an effective |
| 18 | date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsections (3), (6), (7), (8), and (22) of |
| 23 | section 1013.30, Florida Statutes, are amended to read: |
| 24 | 1013.30 University campus master plans and campus |
| 25 | development agreements.-- |
| 26 | (3) Each university board of trustees shall prepare and |
| 27 | adopt a campus master plan for the university. The master plan |
| 28 | must identify general land uses and address the need for and |
| 29 | plans for provision of roads, parking, public transportation, |
| 30 | solid waste, drainage, sewer, potable water, and recreation and |
| 31 | open space during the coming 10 to 20 years. The plans must |
| 32 | contain elements relating to future land use, intergovernmental |
| 33 | coordination, capital improvements, recreation and open space, |
| 34 | general infrastructure, housing, and conservation. Each element |
| 35 | must address compatibility with the surrounding community. The |
| 36 | master plan must identify specific land uses, tentative location |
| 37 | of structures, densities and intensities of use, and contain |
| 38 | standards for onsite development, site design, environmental |
| 39 | management, and the preservation of historic and archaeological |
| 40 | resources. The transportation element must address reasonable |
| 41 | transportation demand management techniques to minimize offsite |
| 42 | impacts where possible. Data and analyses on which the elements |
| 43 | are based must include, at a minimum: the characteristics of |
| 44 | vacant lands; projected impacts of development on onsite and |
| 45 | offsite infrastructure, public services, and natural resources; |
| 46 | student enrollment projections; student housing needs; and the |
| 47 | need for academic and support facilities. Master plans must be |
| 48 | updated at least every 5 years. |
| 49 | (6) Before a campus master plan is adopted, a copy of the |
| 50 | draft master plan must be physically sent and made available |
| 51 | electronically for review to the host and any affected local |
| 52 | governments, the state land planning agency, the Department of |
| 53 | Environmental Protection, the Department of Transportation, the |
| 54 | Department of State, the Fish and Wildlife Conservation |
| 55 | Commission, and the applicable water management district and |
| 56 | regional planning council. These agencies must be given 90 days |
| 57 | after receipt of the physical copy of the campus master plans in |
| 58 | which to conduct their review and provide comments to the |
| 59 | university board of trustees. The commencement of this review |
| 60 | period must be advertised in newspapers of general circulation |
| 61 | within the host local government and any affected local |
| 62 | government to allow for public comment. Following receipt and |
| 63 | consideration of all comments, and the holding of at least two |
| 64 | public hearings within the host jurisdiction, the university |
| 65 | board of trustees shall adopt the campus master plan. The first |
| 66 | hearing shall be held by the university after the electronic |
| 67 | copy of the draft master plan is available and prior to the |
| 68 | physical copy of the draft master plan being sent to the |
| 69 | agencies identified in this subsection. The second hearing shall |
| 70 | be held by the university at least 14 days prior to the adoption |
| 71 | of the draft master plan by the university board of trustees. It |
| 72 | is the intent of the Legislature that the university board of |
| 73 | trustees comply with the notice requirements set forth in s. |
| 74 | 163.3184(15) to ensure full public participation in this |
| 75 | planning process. Campus master plans developed under this |
| 76 | section are not rules and are not subject to chapter 120 except |
| 77 | as otherwise provided in this section. |
| 78 | (7) Notice that the campus master plan has been adopted |
| 79 | must be forwarded within 45 days after its adoption to any |
| 80 | affected person that submitted comments on the draft campus |
| 81 | master plan. The notice must state how and where a copy of the |
| 82 | master plan may be obtained or inspected. Within 30 days after |
| 83 | receipt of the notice of adoption of the campus master plan, or |
| 84 | 30 days after the date the adopted plan is available for review, |
| 85 | whichever is later, an affected person who submitted comments on |
| 86 | the draft master plan may petition the university board of |
| 87 | trustees, challenging the campus master plan as not being in |
| 88 | compliance with this section or any rule adopted under this |
| 89 | section. The petition must state each objection, identify its |
| 90 | source, and provide a recommended action. A petition filed by an |
| 91 | affected local government may raise only those issues directly |
| 92 | pertaining to the public facilities or services that the |
| 93 | affected local government provides to or maintains within the |
| 94 | campus or to the direct impact that campus development would |
| 95 | have on the affected local government. A petition filed by an |
| 96 | individual may raise only those issues pertaining to the public |
| 97 | facilities or services that have a direct and material impact on |
| 98 | the individual. The university shall have the authority during |
| 99 | the pendency of a challenge to negotiate and execute a campus |
| 100 | development agreement as provided in subsection (11). Any |
| 101 | affected person who files a petition pursuant to this subsection |
| 102 | may challenge only those provisions in the plan that were raised |
| 103 | by that person's oral or written comments, recommendations, or |
| 104 | objections presented to the university board of trustees prior |
| 105 | to or during the adoption hearing for the campus master plan. |
| 106 | (8) Following receipt of a petition, the petitioning party |
| 107 | or parties and the university board of trustees shall mediate |
| 108 | the issues in dispute as follows: |
| 109 | (a) The parties have 60 days to resolve the issues in |
| 110 | dispute. Other affected parties that submitted comments on the |
| 111 | draft campus master plan must be given the opportunity to |
| 112 | participate in these and subsequent proceedings. |
| 113 | (b) If resolution of the matter cannot be achieved within |
| 114 | 60 days, the issues must be submitted to the state land planning |
| 115 | agency. The state land planning agency has 60 days to hold an |
| 116 | evidentiary hearing informal hearings, if necessary, identify |
| 117 | the issues remaining in dispute, prepare a record of the |
| 118 | proceedings, and submit the matter to the Administration |
| 119 | Commission for final action. The evidentiary hearing shall be |
| 120 | conducted using the evidentiary procedures set forth in s. |
| 121 | 120.57(1). The report to the Administration Commission must be |
| 122 | based on evidence adduced on the record prior to and during the |
| 123 | evidentiary hearing and list each issue in dispute, describe the |
| 124 | nature and basis for each dispute, identify alternative |
| 125 | resolutions of the dispute, determine the petitioner's |
| 126 | compliance with requirements of this section, and make |
| 127 | recommendations. |
| 128 | (c) After receiving the report from the state land |
| 129 | planning agency, the Administration Commission shall take action |
| 130 | to resolve the issues in dispute. In deciding upon a proper |
| 131 | resolution, the Administration Commission shall consider the |
| 132 | nature of the issues in dispute, the compliance of the parties |
| 133 | with this section, the extent of the conflict between the |
| 134 | parties, the comparative hardships, and the public interest |
| 135 | involved. If the Administration Commission incorporates in its |
| 136 | final order a term or condition that specifically requires the |
| 137 | university board of trustees or a local government to amend or |
| 138 | modify its plan, the university board of trustees shall have a |
| 139 | reasonable period of time to amend or modify its plan, and a |
| 140 | local government shall initiate the required plan amendment, |
| 141 | which shall be exempt from the requirements of s. 163.3187(1). |
| 142 | Any required amendment to a local government comprehensive plan |
| 143 | must be limited in scope so as to only relate to specific |
| 144 | impacts attributable to the campus development. The final order |
| 145 | of the Administration Commission is subject to judicial review |
| 146 | as provided in s. 120.68. |
| 147 | (d) The signature of an attorney or party constitutes a |
| 148 | certificate that he or she has read the pleading, motion, or |
| 149 | other paper and that, to the best of his or her knowledge, |
| 150 | information, and belief formed after reasonable inquiry, it is |
| 151 | not interposed for any improper purpose, such as to harass or to |
| 152 | cause unnecessary delay, or for economic advantage, competitive |
| 153 | reasons, or frivolous purposes or needless increase in the cost |
| 154 | of litigation. If a pleading, motion, or other paper is signed |
| 155 | in violation of these requirements, the Administration |
| 156 | Commission, upon motion or its own initiative, shall impose upon |
| 157 | the person who signed it, a represented party, or both, an |
| 158 | appropriate sanction, which may include an order to pay to the |
| 159 | other party or parties the amount of reasonable expenses |
| 160 | incurred because of the filing of the pleading, motion, or other |
| 161 | paper, including a reasonable attorney's fee. |
| 162 | (22) In consultation with the state land planning agency, |
| 163 | each university board of trustees the State Board of Education |
| 164 | shall adopt rules implementing subsections (3)-(6). The rules |
| 165 | must set specific schedules and procedures for the development |
| 166 | and adoption of campus master plans. |
| 167 | Section 2. This act shall take effect July 1, 2005. |