HB 517

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

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