Senate Bill sb2598

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2598

    By Senator Bennett





    21-1762-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to biomedical research,

  3         planning, and development; creating the Florida

  4         Research, Planning, and Development Authority

  5         to exercise authority within a research,

  6         planning, and development area for biomedical

  7         research, planning, and development purposes;

  8         providing legislative findings and intent;

  9         providing definitions; designating the

10         Administration Commission as the governing

11         board of the authority; providing commission

12         powers; providing for staff of the Department

13         of Community Affairs as staff for the

14         commission for certain purposes; providing

15         comprehensive plan development and adoption

16         requirements and procedures; providing plan

17         requirements; requiring the commission to

18         conduct hearings for certain purposes;

19         providing for administrative challenges to the

20         plan; providing for the effect of an adopted

21         plan; providing for appeals of local government

22         implementation of the plan; providing for plan

23         amendments; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Florida Research, Planning, and Development

28  Authority; creation; definitions; intent; governing board;

29  powers; timing and procedures; legal challenges; plans; plan

30  amendments.--

31  

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    Florida Senate - 2006                                  SB 2598
    21-1762-06                                              See HB




 1         (1)  CREATION.--The Florida Research, Planning, and

 2  Development Authority is created for the purpose of exercising

 3  authority within the research, planning, and development area

 4  for biomedical research, planning, and development purposes.

 5         (2)  FINDINGS AND INTENT.--

 6         (a)  The state has invested more than $350 million in

 7  the location and creation of a state-of-the-art biomedical

 8  research institution and campus in this state.

 9         (b)  The Scripps Research Institute will establish a

10  state-of-the-art biomedical research institution and campus to

11  benefit all of the state.

12         (c)  It is the intent of the Legislature that the

13  Scripps Research Institute provide a nexus for a cluster of

14  biomedical and research industries in the surrounding region.

15         (d)  It is critical to develop a plan for future

16  development of not only the designated site for the Scripps

17  Research Institute but for the surrounding region to provide

18  compatible, sustainable community uses that enhance the

19  Scripps biomedical cluster.

20         (e)  It is the intent of the Legislature to engage in

21  comprehensive planning and development within the multicounty

22  area surrounding the Scripps site to ensure the timely

23  construction and development of critical required public

24  infrastructure, including multimodal transportation facilities

25  that reduce reliance on the automobile as well as

26  pedestrian-friendly, mixed-use, sustainable communities.

27         (f)  It is the intent of the Legislature to provide a

28  mechanism for the coordinated planning of the Florida

29  Research, Planning, and Development Area in order to

30  comprehensively and holistically manage resource issues

31  addressed by state and federal regulatory programs.

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    Florida Senate - 2006                                  SB 2598
    21-1762-06                                              See HB




 1         (g)  It is the intent of the Legislature that,

 2  notwithstanding any other provision of law, the research,

 3  planning, and development area include all of the land uses

 4  necessary to support a balanced sustainable community to

 5  support a state-of-the-art biomedical research institute and

 6  campus.

 7         (3)  DEFINITIONS.--

 8         (a)  "Administration Commission" or "commission" means

 9  the commission created pursuant to s. 14.202, Florida

10  Statutes, composed of the Governor and Cabinet with the

11  Governor acting as chair of the commission.

12         (b)  "Development plan" means the comprehensive plan

13  adopted by the commission pursuant to subsection (5).

14         (c)  "Governing board" or "board" means the

15  Administration Commission operating as the governing board of

16  the Florida Research, Planning, and Development Authority.

17         (d)  "Research, planning, and development area" means

18  the geographic area designated by the commission under

19  subparagraph (5)(b)1.

20         (4)  POWERS.--The Administration Commission shall plan

21  and develop the research, planning, and development area and

22  may:

23         (a)  Sue and be sued, enter into agreements, let

24  contracts, and acquire and sell real and personal property

25  necessary to conduct the business of the research, planning,

26  and development area.

27         (b)  Designate and define the planning area to be known

28  as the Florida Research, Planning, and Development Area.

29         (c)  Prepare, adopt, and amend a comprehensive plan to

30  govern development within the research, planning, and

31  development area pursuant to s. 163.3161, Florida Statutes.

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    Florida Senate - 2006                                  SB 2598
    21-1762-06                                              See HB




 1         (d)  Create a transportation or concurrency exception

 2  area for all or portions of the research, planning, and

 3  development area pursuant to s. 163.3180(5), Florida Statutes,

 4  notwithstanding the provisions of s. 163.3180(5)(b), Florida

 5  Statutes.

 6         (e)  Delegate the administration of an adopted plan to

 7  the respective local special or general purpose governments

 8  with authority within the research, planning, and development

 9  area.

10         (f)  Apply for and obtain any federal, state, or local

11  governmental licenses or permits required for construction or

12  operation of public infrastructure necessary or desirable for

13  successful development of the Scripps biomedical campus and

14  related cluster. Such infrastructure shall include, but is not

15  limited to, all forms of transportation facilities, including

16  roads, rail and mass transit operations and facilities,

17  potable water and wastewater systems, including reuse, flood

18  control and stormwater systems, indoor and outdoor

19  recreational facilities, environmental restoration or

20  mitigation, and lighting.

21         (g)  Expedite any permit applications or legal

22  challenges pursuant to s. 403.973, Florida Statutes.

23         (h)  Implement and construct all authorized public

24  infrastructure separately or in cooperation with other public

25  or private entities or businesses.

26         (i)  Adopt rules of procedure for preparation, review,

27  and approval of the development plan and review of local

28  government actions.

29  

30  The commission shall act as an appellate board for any appeals

31  of local government decisions by an affected party. Such

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    Florida Senate - 2006                                  SB 2598
    21-1762-06                                              See HB




 1  appeals shall be on the record made before the local

 2  government.

 3         (5)  STAFF, PROCEDURE, AND TIMING.--

 4         (a)  The Department of Community Affairs is designated

 5  to act as staff to the commission for the preparation of a

 6  comprehensive plan for the research, planning, and development

 7  area. The department shall coordinate all preparation, review,

 8  and plan adoption procedures with all affected agencies, local

 9  governments, and affected parties.

10         (b)  The department shall prepare a draft comprehensive

11  plan for the research, planning, and development area within 6

12  months after the effective date of this act. The plan shall

13  include:

14         1.  A recommended designation of the boundaries of the

15  research, planning, and development area.

16         2.  All applicable comprehensive planning requirements

17  pursuant to part II of chapter 163, Florida Statutes.

18         3.  Any waivers, concurrency exceptions, or management

19  plans for concurrency.

20         (c)1.  The commission shall conduct a preliminary

21  hearing on the proposed plan within 30 days after its

22  submission.

23         2.  Following the initial hearing, the department shall

24  have 45 days to recommend amendments or changes to the final

25  plan and submit the final plan to the commission for hearing.

26         3.  The commission shall conduct a final hearing on the

27  proposed plan and consider comments on the proposed plan and

28  shall adopt, adopt with amendments, or reject the plan with

29  directions to the department to amend the plan accordingly.

30  

31  

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    Florida Senate - 2006                                  SB 2598
    21-1762-06                                              See HB




 1         (6)  ADMINISTRATIVE CHALLENGE.--Any affected party may

 2  challenge the adoption of the plan pursuant to the provisions

 3  of s. 163.3161, Florida Statutes.

 4         (7)  EFFECT OF PLAN ADOPTION.--The plan adopted by the

 5  commission shall have the force and effect of a comprehensive

 6  plan pursuant to part II of chapter 163, Florida Statutes. The

 7  adopted plan shall be incorporated into the comprehensive

 8  plans of the respective local governments and administered by

 9  the local governments with comprehensive planning authority

10  over the designated research, planning, and development area.

11         (8)  APPEALS OF LOCAL GOVERNMENT DECISIONS.--Any appeal

12  of a local government decision implementing the plan shall be

13  to the commission on the record made before the local

14  government.

15         (9)  PLAN AMENDMENTS.--The Department of Community

16  Affairs shall review and, if necessary, recommend amendments

17  to the plan to the commission once every 6 months pursuant to

18  the procedures specified in this section.

19         Section 2.  This act shall take effect upon becoming a

20  law.

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