HB 517

1
A bill to be entitled
2An act relating to university campus planning; amending s.
31013.30, F.S.; defining terms; requiring each university
4board of trustees to maintain a copy of the campus master
5plan on the university's website and provide for
6electronic copies of its draft master plan; providing
7duties of the Board of Governors; requiring that the
8university hold an informal public information session
9before the required public hearings are held on the draft
10master plan; requiring that the public hearings be held at
11specified times; limiting the issues that an individual
12may raise challenging a campus master plan; authorizing
13the university to execute a campus development agreement
14during the pendency of a challenge; providing for an
15evidentiary hearing to be held by the Division of
16Administrative Hearings if a challenge to the master plan
17is not resolved; specifying the evidentiary procedures to
18be used in such hearing; providing for attorney's fees in
19any dispute submitted to the state land planning agency or
20the Administration Commission in which the pleading or
21motion was made for an improper purpose or for economic
22advantage; revising procedures to resolve disputes between
23the university board of trustees and the host local
24government; requiring that Board of Governors rather than
25the State Board of Education adopt rules to administer the
26procedures for preparing and adopting the campus master
27plan; authorizing Florida Gulf Coast University to
28establish a school of engineering, subject to approval by
29the Board of Governors; authorizing the university to
30grant bachelor's degrees in specified fields; providing an
31effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 1013.30, Florida Statutes, is amended
36to read:
37     1013.30  University campus master plans and campus
38development agreements.--
39     (1)  This section contains provisions for campus planning
40and concurrency management that supersede the requirements of
41part II of chapter 163, except when stated otherwise in this
42section. These special growth management provisions are adopted
43in recognition of the unique relationship between university
44campuses and the local governments in which they are located.
45While the campuses provide research and educational benefits of
46statewide and national importance, and further provide
47substantial educational, economic, and cultural benefits to
48their host local governments, they may also have an adverse
49impact on the public facilities and services and natural
50resources of host governments. On balance, however, universities
51should be considered as vital public facilities of the state and
52local governments. The intent of this section is to address this
53unique relationship by providing for the preparation of campus
54master plans and associated campus development agreements.
55     (2)  As used in this section:
56     (a)  "Affected local government" means a unit of local
57government that provides public services to or is responsible
58for maintaining facilities within a campus of an institution or
59is directly affected by development that is proposed for a
60campus.
61     (b)  "Affected person" means a host local government; an
62affected local government; any state, regional, or federal
63agency; or a person who resides, owns property, or owns or
64operates a business within the boundaries of a host local
65government or affected local government. In order to qualify
66under this definition, each person, other than a host or
67affected local government, must have submitted oral or written
68comments, recommendations, or objections to the university
69during the period of time beginning with the advertisement of
70the first public hearing under subsection (6) and ending with
71the adoption of the campus master plan or plan amendment. If the
72plan or plan amendment is amended at the adoption hearing, the
73time period shall be extended by 7 calendar days. However, any
74comments, recommendations, or objections filed during the
75extension must be limited to those amendments adopted at the
76adoption hearing.
77     (c)  "Host local government" means a local government
78within the jurisdiction of which all or part of a campus of an
79institution is located, but does not include a county if no part
80of an institution is located within its unincorporated area.
81     (d)  "Institution" means a university.
82     (e)  Division" means the Division of Administrative
83Hearings.
84     (3)  Each university board of trustees shall prepare and
85adopt a campus master plan for the university and maintain a
86copy of the plan on the university's website. The master plan
87must identify general land uses and address the need for and
88plans for provision of roads, parking, public transportation,
89solid waste, drainage, sewer, potable water, and recreation and
90open space during the coming 10 to 20 years. The plans must
91contain elements relating to future land use, intergovernmental
92coordination, capital improvements, recreation and open space,
93general infrastructure, housing, and conservation. Each element
94must address compatibility with the surrounding community. The
95master plan must identify specific land uses, general location
96of structures, densities and intensities of use, and contain
97standards for onsite development, site design, environmental
98management, and the preservation of historic and archaeological
99resources. The transportation element must address reasonable
100transportation demand management techniques to minimize offsite
101impacts where possible. Data and analyses on which the elements
102are based must include, at a minimum: the characteristics of
103vacant lands; projected impacts of development on onsite and
104offsite infrastructure, public services, and natural resources;
105student enrollment projections; student housing needs; and the
106need for academic and support facilities. Master plans must be
107updated at least every 5 years.
108     (4)  Campus master plans may contain additional elements at
109the discretion of the Board of Governors State Board of
110Education; however, such elements are not subject to review
111under this section. These additional elements may include the
112academic mission of the institution, academic program,
113utilities, public safety, architectural design, landscape
114architectural design, and facilities maintenance.
115     (5)  Subject to the right of the university board of
116trustees to initiate the dispute resolution provisions of
117subsection (8), a campus master plan must not be in conflict
118with the comprehensive plan of the host local government and the
119comprehensive plan of any affected local governments. A campus
120master plan must be consistent with the state comprehensive
121plan.
122     (6)  Before a campus master plan is adopted, a copy of the
123draft master plan must be sent for review or made available
124electronically to the host and any affected local governments,
125the state land planning agency, the Department of Environmental
126Protection, the Department of Transportation, the Department of
127State, the Fish and Wildlife Conservation Commission, and the
128applicable water management district and regional planning
129council. At the request of a governmental entity, a hard copy of
130the draft master plan shall be submitted within 7 business days
131of an electronic copy being made available. These agencies must
132be given 90 days after receipt of the campus master plans in
133which to conduct their review and provide comments to the
134university board of trustees. The commencement of this review
135period must be advertised in newspapers of general circulation
136within the host local government and any affected local
137government to allow for public comment. Following receipt and
138consideration of all comments, and the holding of an informal
139information session and at least two public hearings within the
140host jurisdiction, the university board of trustees shall adopt
141the campus master plan. It is the intent of the Legislature that
142the university board of trustees comply with the notice
143requirements set forth in s. 163.3184(15) to ensure full public
144participation in this planning process. The informal public
145information session must be held before the first public
146hearing. The first public hearing shall be held before the draft
147master plan is sent to the agencies specified in this
148subsection. The second public hearing shall be held in
149conjunction with the adoption of the draft master plan by the
150university board of trustees. Campus master plans developed
151under this section are not rules and are not subject to chapter
152120 except as otherwise provided in this section.
153     (7)  Notice that the campus master plan has been adopted
154must be forwarded within 45 days after its adoption to any
155affected person that submitted comments on the draft campus
156master plan. The notice must state how and where a copy of the
157master plan may be obtained or inspected. Within 30 days after
158receipt of the notice of adoption of the campus master plan, or
15930 days after the date the adopted plan is available for review,
160whichever is later, an affected person who submitted comments on
161the draft master plan may petition the university board of
162trustees, challenging the campus master plan as not being in
163compliance with this section or any rule adopted under this
164section. The petition must state each objection, identify its
165source, and provide a recommended action. A petition filed by an
166affected local government may raise only those issues directly
167pertaining to the public facilities or services that the
168affected local government provides to or maintains within the
169campus or to the direct impact that campus development would
170have on the affected local government. A petition filed by an
171affected person must include those items required by the uniform
172rules adopted under s. 120.54(5). Any affected person who files
173a petition under this subsection may challenge only those
174provisions in the plan that were raised by that person's oral or
175written comments, recommendations, or objections presented to
176the university board of trustees, as required by s.
1771013.30(1)(b). The university may, during the pendency of a
178challenge, negotiate a campus development agreement as provided
179in subsection (11).
180     (8)  Following receipt of a petition challenging a campus
181master plan or plan amendment, the university board of trustees
182must submit the petition to the Division of Administrative
183Hearings of the Department of Management Services for assignment
184to an administrative law judge under ss. 120.569 and 120.57.
185     (a)  If a party to the proceeding requests mediation, the
186parties have no more than 30 days to resolve any issue in
187dispute. The costs of the mediation must be borne equally by all
188of the parties to the proceeding.
189     (b)  If the matter is not resolved within 30 days, the
190administrative law judge shall proceed with a hearing under ss.
191120.569 and 120.57. The hearing shall be held in the county
192where the campus of the university subject to the amendment is
193located. Within 60 days after receiving the petition, the
194administrative law judge must, consistent with the applicable
195requirements and procedures of the Administrative Procedure Act,
196hold a hearing, identify the issues remaining in dispute,
197prepare a record of the proceedings, and submit a recommended
198order to the state land planning agency for final action.
199Parties to the proceeding may submit written exceptions to the
200recommended order within 10 days after the recommended order is
201issued. The state land planning agency must issue its final
202order no later than 60 days after receiving the recommended
203order.
204     (8)  Following receipt of a petition, the petitioning party
205or parties and the university board of trustees shall mediate
206the issues in dispute as follows:
207     (a)  The parties have 60 days to resolve the issues in
208dispute. Other affected parties that submitted comments on the
209draft campus master plan must be given the opportunity to
210participate in these and subsequent proceedings.
211     (b)  If resolution of the matter cannot be achieved within
21260 days, the issues must be submitted to the state land planning
213agency. The state land planning agency has 60 days to hold
214informal hearings, if necessary,  identify the issues remaining
215in dispute, prepare a record of the proceedings, and submit the
216matter to the Administration Commission for final action. The
217report to the Administration Commission must list each issue in
218dispute, describe the nature and basis for each dispute,
219identify alternative resolutions of the dispute,  and make
220recommendations.
221     (c)  After receiving the report from the state land
222planning agency, the Administration Commission shall take action
223to resolve the issues in dispute. In deciding upon a proper
224resolution, the Administration Commission shall consider the
225nature of the issues in dispute, the compliance of the parties
226with this section, the extent of the conflict between the
227parties, the comparative hardships, and the public interest
228involved. If the Administration Commission incorporates in its
229final order a term or condition that specifically requires the
230university board of trustees or a local government to amend or
231modify its plan, the university board of trustees shall have a
232reasonable period of time to amend or modify its plan, and a
233local government shall initiate the required plan amendment,
234which shall be exempt from the requirements of s. 163.3187(1).
235Any required amendment to a local government comprehensive plan
236must be limited in scope so as to only relate to specific
237impacts attributable to the campus development. The final order
238of the state land planning agency Administration Commission is
239subject to judicial review as provided in s. 120.68.
240     (d)  The signature of an attorney or party constitutes a
241certificate that he or she has read the pleading, motion, or
242other paper and that, to the best of his or her knowledge,
243information, and belief formed after reasonable inquiry, it is
244not interposed for any improper purpose, such as to harass or to
245cause unnecessary delay, or for economic advantage, competitive
246reasons, frivolous purposes, or needless increase in the cost of
247litigation. If a pleading, motion, or other paper is signed in
248violation of these requirements, the division, upon motion or
249its own initiative, shall impose upon either the person who
250signed it or a represented party, or both, an appropriate
251sanction, which may include an order to pay to the other party
252or parties the amount of reasonable expenses incurred because of
253the filing of the pleading, motion, or other paper, including
254reasonable attorney's fees.
255     (9)  An amendment to a campus master plan must be reviewed
256and adopted under subsections (6)-(8) if such amendment, alone
257or in conjunction with other amendments, would:
258     (a)  Increase density or intensity of use of land on the
259campus by more than 10 percent;
260     (b)  Decrease the amount of natural areas, open space, or
261buffers on the campus by more than 10 percent; or
262     (c)  Rearrange land uses in a manner that will increase the
263impact of any proposed campus development by more than 10
264percent on a road or on another public facility or service
265provided or maintained by the state, the county, the host local
266government, or any affected local government.
267     (10)  Upon adoption of a campus master plan, the university
268board of trustees shall draft a proposed campus development
269agreement for each local government and send it to the local
270government within 270 days after the adoption of the relevant
271campus master plan.
272     (11)  At a minimum, each campus development agreement:
273     (a)  Must identify the geographic area of the campus and
274local government covered by the campus development agreement.
275     (b)  Must establish its duration, which must be at least 5
276years and not more than 10 years.
277     (c)  Must address public facilities and services including
278roads, sanitary sewer, solid waste, drainage, potable water,
279parks and recreation, and public transportation.
280     (d)  Must, for each of the facilities and services listed
281in paragraph (c), identify the level-of-service standard
282established by the applicable local government, identify the
283entity that will provide the service to the campus, and describe
284any financial arrangements between the Board of Governors State
285Board of Education and other entities relating to the provision
286of the facility or service.
287     (e)  Must, for each of the facilities and services listed
288in paragraph (c), determine the impact of existing and proposed
289campus development reasonably expected over the term of the
290campus development agreement on each service or facility and any
291deficiencies in such service or facility which the proposed
292campus development will create or to which it will contribute.
293     (f)  May, if proposed by the university board of trustees,
294address the issues prescribed in paragraphs (d) and (e) with
295regard to additional facilities and services, including, but not
296limited to, electricity, nonpotable water, law enforcement, fire
297and emergency rescue, gas, and telephone.
298     (g)  Must, to the extent it addresses issues addressed in
299the campus master plan and host local government comprehensive
300plan, be consistent with the adopted campus master plan and host
301local government comprehensive plan.
302     (12)(a)  Each proposed campus development agreement must
303clearly identify the lands to which the university board of
304trustees intends the campus development agreement to apply.
305     (b)  Such land may include:
306     1.  Land to be purchased by the university board of
307trustees and if purchased with state appropriated funds titled
308in the name of the board of trustees of the Internal Improvement
309Trust Fund for use by an institution over the life of the campus
310development agreement.
311     2.  Land not owned by the board of trustees of the Internal
312Improvement Trust Fund if the university board of trustees
313intends to undertake development activities on the land during
314the term of the campus development agreement.
315     (c)  Land owned by the Board of Trustees of the Internal
316Improvement Trust Fund for lease to the Board of Governors State
317Board of Education acting on behalf of the institution may be
318excluded, but any development activity undertaken on excluded
319land is subject to part II of chapter 163.
320     (13)  With regard to the impact of campus development on
321the facilities and services listed in paragraph (11)(c), the
322following applies:
323     (a)  All improvements to facilities or services which are
324necessary to eliminate the deficiencies identified in paragraph
325(11)(e) must be specifically listed in the campus development
326agreement.
327     (b)  The university board of trustees' fair share of the
328cost of the measures identified in paragraph (a) must be stated
329in the campus development agreement. In determining the fair
330share, the effect of any demand management techniques, which may
331include such techniques as flexible work hours and carpooling,
332that are used by the Board of Governors State Board of Education
333to minimize the offsite impacts shall be considered.
334     (c)  The university board of trustees is responsible for
335paying the fair share identified in paragraph (b), and it may do
336so by:
337     1.  Paying a fair share of each of the improvements
338identified in paragraph (a); or
339     2.  Taking on full responsibility for the improvements,
340selected from the list of improvements identified in paragraph
341(a), and agreed to between the host local government and the
342Board of Governors State Board of Education, the total cost of
343which equals the contribution identified in paragraph (b).
344     (d)  All concurrency management responsibilities of the
345university board of trustees are fulfilled if the university
346board of trustees expends the total amount of funds identified
347in paragraph (b) notwithstanding that the university board of
348trustees may not have undertaken or made contributions to some
349of the measures identified in paragraph (a).
350     (e)  Capital projects included in the campus development
351agreement may be used by the local government for the
352concurrency management purposes.
353     (f)  Funds provided by universities in accordance with
354campus development agreements are subject to appropriation by
355the Legislature. A development authorized by a campus
356development agreement may not be built until the funds to be
357provided pursuant to paragraph (b) are appropriated by the
358Legislature.
359     (14)  A campus development agreement may not address or
360include any standards or requirements for onsite development,
361including environmental management requirements or requirements
362for site preparation.
363     (15)  Once the university board of trustees and host local
364government agree on the provisions of the campus development
365agreement, the campus development agreement shall be executed by
366the university board of trustees and the host local government
367in a manner consistent with the requirements of s. 163.3225.
368Once the campus development agreement is executed, it is binding
369upon the university board of trustees and host local government.
370A copy of the executed campus development agreement must be sent
371to the state land planning agency within 14 days after the date
372of execution.
373     (16)  If, within 180 days following the host local
374government's receipt of the proposed campus development
375agreement, the university board of trustees and host local
376government cannot reach agreement on the provisions of the
377campus development agreement, the following procedures for
378resolving the matter must be followed:
379     (a)  The matter must be submitted to the state land
380planning agency, which has 60 days to hold informal hearings, if
381necessary, and identify the issues remaining in dispute, prepare
382a record of the proceedings, and submit the matter to the
383Administration Commission for final action. The report to the
384Administration Commission must list each issue in dispute,
385describe the nature and basis for each dispute, identify
386alternative resolutions of each dispute, and make
387recommendations.
388     (b)  After receiving the report from the state land
389planning agency, the Administration Commission shall take action
390to resolve the issues in dispute. In deciding upon a proper
391resolution, the state land planning agency Administration
392Commission shall consider the nature of the issues in dispute,
393the compliance of the parties with this section, the extent of
394the conflict between the parties, the comparative hardships, and
395the public interest involved. In resolving the matter, the state
396land planning agency Administration Commission may prescribe, by
397order, the contents of the campus development agreement.
398     (17)  Disputes that arise in the implementation of an
399executed campus development agreement must be resolved as
400follows:
401     (a)  Each party shall select one mediator and notify the
402other in writing of the selection. Thereafter, within 15 days
403after their selection, the two mediators selected by the parties
404shall select a neutral, third mediator to complete the mediation
405panel.
406     (b)  Each party is responsible for all costs and fees
407payable to the mediator selected by it and shall equally bear
408responsibility for the costs and fees payable to the third
409mediator for services rendered and costs expended in connection
410with resolving disputes pursuant to the campus development
411agreement.
412     (c)  Within 10 days after the selection of the mediation
413panel, proceedings must be convened by the panel to resolve the
414issues in dispute.
415     (d)  Within 60 days after the convening of the panel, the
416panel shall issue a report containing a recommended resolution
417of the issues in dispute.
418     (e)  If either the university board of trustees or local
419government rejects the recommended resolution of the issues in
420dispute, the disputed issues must be resolved pursuant to the
421procedures provided by subsection (16).
422     (18)  Once the campus development agreement is executed,
423all campus development may proceed without further review by the
424host local government if it is consistent with the adopted
425campus master plan and associated campus development agreement.
426     (19)  A campus development agreement may be amended under
427subsections (10)-(16):
428     (a)  In conjunction with any amendment to the campus master
429plan subject to the requirements in subsection (9).
430     (b)  If either party delays by more than 12 months the
431construction of a capital improvement identified in the
432agreement.
433     (20)  Any party to a campus development agreement or
434aggrieved or adversely affected person, as defined in s.
435163.3215(2), may file an action for injunctive relief in the
436circuit court where the host local government is located to
437enforce the terms of a campus development agreement or to
438challenge compliance of the agreement with this section. This
439action shall be the sole and exclusive remedy of an adversely
440affected person other than a party to the agreement to enforce
441any rights or obligations arising from a development agreement.
442     (21)  State and regional environmental program requirements
443remain applicable, except that this section supersedes all other
444sections of part II of chapter 163 and s. 380.06 except as
445provided in this section.
446     (22)  In consultation with the state land planning agency,
447the Board of Governors State Board of Education shall adopt a
448single, uniform set of rules to administer implementing
449subsections (3)-(6). The rules must set specific schedules and
450procedures for the development and adoption of campus master
451plans. Before adopting the rules, the Board of Governors must
452obtain written verification from the state land planning agency
453that the rules satisfy the minimum statutory criteria required
454by subsections (3)-(6). The state land planning agency shall
455provide the verification within 45 days after receiving a copy
456of the rules.
457     (23)  Until the campus master plan and campus development
458agreement for an institution have been finalized, any dispute
459between the university board of trustees and a local government
460relating to campus development for that institution shall be
461resolved by the process established in subsection (8).
462     Section 2.  Florida Gulf Coast University School of
463Engineering authorized; bachelor's degrees authorized.--
464     (1)  The Florida Gulf Coast University may establish a
465School of Engineering, subject to approval by the Board of
466Governors.
467     (2)  The School of Engineering at the Florida Gulf Coast
468University may award bachelor of science degrees in
469bioengineering, environmental and civil engineering, and
470engineering management.
471     Section 3.  This act shall take effect July 1, 2005.


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