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