Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 484
Ì3616645Î361664
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2015 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Community Affairs (Simpson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (9) of section 163.3175, Florida
6 Statutes, is amended to read:
7 163.3175 Legislative findings on compatibility of
8 development with military installations; exchange of information
9 between local governments and military installations.—
10 (9) If a local government, as required under s.
11 163.3177(6)(a), does not adopt criteria and address
12 compatibility of lands adjacent to or closely proximate to
13 existing military installations in its future land use plan
14 element by June 30, 2012, the local government, the military
15 installation, the state land planning agency, and other parties
16 as identified by the regional planning council, including, but
17 not limited to, private landowner representatives, shall enter
18 into mediation conducted pursuant to s. 186.509. If the local
19 government comprehensive plan does not contain criteria
20 addressing compatibility by December 31, 2013, the agency may
21 notify the Administration Commission. The Administration
22 Commission may impose sanctions pursuant to s. 163.3184(8). Any
23 local government that amended its comprehensive plan to address
24 military installation compatibility requirements after 2004 and
25 was found to be in compliance is deemed to be in compliance with
26 this subsection until the local government conducts its
27 evaluation and appraisal review pursuant to s. 163.3191 and
28 determines that amendments are necessary to meet updated general
29 law requirements.
30 Section 2. Subsection (11) of section 163.3246, Florida
31 Statutes, is amended to read:
32 163.3246 Local government comprehensive planning
33 certification program.—
34 (11) If the local government of an area described in
35 subsection (10) does not request that the state land planning
36 agency review the developments of regional impact that are
37 proposed within the certified area, an application for approval
38 of a development order within the certified area shall be exempt
39 from review under s. 380.06, subject to the following:
40 (a) Concurrent with filing an application for development
41 approval with the local government, a developer proposing a
42 project that would have been subject to review pursuant to s.
43 380.06 shall notify in writing the regional planning council
44 with jurisdiction.
45 (b) The regional planning council shall coordinate with the
46 developer and the local government to ensure that all
47 concurrency requirements as well as federal, state, and local
48 environmental permit requirements are met.
49 Section 3. Subsection (4) of section 163.3248, Florida
50 Statutes, is amended to read:
51 163.3248 Rural land stewardship areas.—
52 (4) A local government or one or more property owners may
53 request assistance and participation in the development of a
54 plan for the rural land stewardship area from the state land
55 planning agency, the Department of Agriculture and Consumer
56 Services, the Fish and Wildlife Conservation Commission, the
57 Department of Environmental Protection, the appropriate water
58 management district, the Department of Transportation, the
59 regional planning council, private land owners, and
60 stakeholders.
61 Section 4. Subsection (22) of section 186.505, Florida
62 Statutes, is amended to read:
63 186.505 Regional planning councils; powers and duties.—Any
64 regional planning council created hereunder shall have the
65 following powers:
66 (22) To establish and conduct a cross-acceptance
67 negotiation process with local governments intended to resolve
68 inconsistencies between applicable local and regional plans,
69 with participation by local governments being voluntary.
70 Section 5. Subsection (4) of section 186.506, Florida
71 Statutes, is amended to read:
72 186.506 Executive Office of the Governor; powers and
73 duties.—The Executive Office of the Governor, or its designee,
74 shall:
75 (4) Conduct an in-depth analysis of the current boundaries
76 of comprehensive planning districts to ensure that the regional
77 planning councils working within them together form a workable
78 system for effective regional planning, and that each council
79 can adequately perform the tasks assigned to it by law. The
80 Executive Office of the Governor shall include in its study the
81 preferences of local general-purpose governments; the effects of
82 population migration, transportation networks, population
83 increases and decreases, economic development centers, trade
84 areas, natural resource systems, federal program requirements,
85 designated air quality nonattainment areas, economic
86 relationships among cities and counties, and media markets; and
87 other data, projections, or studies that it determines to be of
88 significance in establishing district boundaries. The Executive
89 Office of the Governor may recommend to the Legislature make
90 such changes in the district boundaries of the regional planning
91 councils as are found to be feasible and desirable, shall
92 complete a review of existing boundaries by January 1, 1994, and
93 may revise and update the boundaries from time to time
94 thereafter.
95 Section 6. Section 186.512, Florida Statutes, is created to
96 read:
97 186.512 Designation of regional planning councils.—The
98 territorial area of the state is subdivided into the following
99 districts for the purpose of regional comprehensive planning.
100 The name and geographic area of each respective district shall
101 accord with the following:
102 (1) West Florida Regional Planning Council: Bay, Escambia,
103 Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties.
104 (2) Apalachee Regional Planning Council: Calhoun, Franklin,
105 Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla
106 Counties.
107 (3) North Central Florida Regional Planning Council:
108 Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
109 Lafayette, Levy, Madison, Marion, Suwannee, Taylor, and Union
110 Counties.
111 (4) Northeast Florida Regional Planning Council: Baker,
112 Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties.
113 (5) East Central Florida Regional Planning Council:
114 Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia
115 Counties.
116 (6) Central Florida Regional Planning Council: DeSoto,
117 Hardee, Highlands, Okeechobee, and Polk Counties.
118 (7) Tampa Bay Regional Planning Council: Citrus, Hernando,
119 Hillsborough, Manatee, Pasco, and Pinellas Counties.
120 (8) Southwest Florida Regional Planning Council: Charlotte,
121 Collier, Glades, Hendry, Lee, and Sarasota Counties.
122 (9) Treasure Coast Regional Planning Council: Indian River,
123 Martin, Palm Beach, and St. Lucie Counties.
124 (10) South Florida Regional Planning Council: Broward,
125 Miami-Dade, and Monroe Counties.
126 Section 7. Section 186.513, Florida Statutes, is amended to
127 read:
128 186.513 Reports.—Each regional planning council shall
129 prepare and furnish an annual report on its activities to the
130 state land planning agency as defined in s. 163.3164 and the
131 local general-purpose governments within its boundaries and,
132 upon payment as may be established by the council, to any
133 interested person. The regional planning councils shall make a
134 joint report and recommendations to appropriate legislative
135 committees.
136 Section 8. Section 253.7828, Florida Statutes, is amended
137 to read:
138 253.7828 Impairment of use or conservation by agencies
139 prohibited.—All agencies of the state, regional planning
140 councils, water management districts, and local governments
141 shall recognize the special character of the lands and waters
142 designated by the state as the Cross Florida Greenways State
143 Recreation and Conservation Area and shall not take any action
144 which will impair its use and conservation.
145 Section 9. Paragraph (j) of subsection (4) of section
146 339.135, Florida Statutes, is amended to read:
147 339.135 Work program; legislative budget request;
148 definitions; preparation, adoption, execution, and amendment.—
149 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
150 (j) Notwithstanding paragraph (a) and for the 2014-2015
151 fiscal year only, the department may use up to $15 million of
152 appropriated funds to pay the costs of strategic and regionally
153 significant transportation projects. Funds may be used to
154 provide up to 75 percent of project costs for production-ready
155 eligible projects. Preference shall be given to projects that
156 support the state’s economic regions, or that have been
157 identified as regionally significant in accordance with s.
158 339.155(4)(c), (d), and (e), and that have an increased level of
159 nonstate match. This paragraph expires July 1, 2015.
160 Section 10. Paragraph (b) of subsection (4) of section
161 339.155, Florida Statutes, is amended to read:
162 339.155 Transportation planning.—
163 (4) ADDITIONAL TRANSPORTATION PLANS.—
164 (b) Each regional planning council, as provided for in s.
165 186.504, or any successor agency thereto, shall develop, as an
166 element of its strategic regional policy plan, transportation
167 goals and policies. The transportation goals and policies must
168 be prioritized to comply with the prevailing principles provided
169 in subsection (1) and s. 334.046(1). The transportation goals
170 and policies shall be consistent, to the maximum extent
171 feasible, with the goals and policies of the metropolitan
172 planning organization and the Florida Transportation Plan. The
173 transportation goals and policies of the regional planning
174 council will be advisory only and shall be submitted to the
175 department and any affected metropolitan planning organization
176 for their consideration and comments. Metropolitan planning
177 organization plans and other local transportation plans shall be
178 developed consistent, to the maximum extent feasible, with the
179 regional transportation goals and policies. The regional
180 planning council shall review urbanized area transportation
181 plans and any other planning products stipulated in s. 339.175
182 and provide the department and respective metropolitan planning
183 organizations with written recommendations, which the department
184 and the metropolitan planning organizations shall take under
185 advisement. Further, the regional planning councils shall
186 directly assist local governments that are not part of a
187 metropolitan area transportation planning process in the
188 development of the transportation element of their comprehensive
189 plans as required by s. 163.3177.
190 Section 11. Subsection (18) of section 380.06, Florida
191 Statutes, is amended to read:
192 380.06 Developments of regional impact.—
193 (18) BIENNIAL REPORTS.—The developer shall submit a
194 biennial report on the development of regional impact to the
195 local government, the regional planning agency, the state land
196 planning agency, and all affected permit agencies in alternate
197 years on the date specified in the development order, unless the
198 development order by its terms requires more frequent
199 monitoring. If the report is not received, the regional planning
200 agency or the state land planning agency shall notify the local
201 government. If the local government does not receive the report
202 or receives notification that the regional planning agency or
203 the state land planning agency has not received the report, the
204 local government shall request in writing that the developer
205 submit the report within 30 days. The failure to submit the
206 report after 30 days shall result in the temporary suspension of
207 the development order by the local government. If no additional
208 development pursuant to the development order has occurred since
209 the submission of the previous report, then a letter from the
210 developer stating that no development has occurred shall satisfy
211 the requirement for a report. Development orders that require
212 annual reports may be amended to require biennial reports at the
213 option of the local government.
214 Section 12. Subsections (2) and (3) of section 403.50663,
215 Florida Statutes, are amended to read:
216 403.50663 Informational public meetings.—
217 (2) Informational public meetings shall be held solely at
218 the option of each local government or regional planning council
219 if a public meeting is not held by the local government. It is
220 the legislative intent that local governments or regional
221 planning councils attempt to hold such public meetings. Parties
222 to the proceedings under this act shall be encouraged to attend;
223 however, no party other than the applicant and the department
224 shall be required to attend such informational public meetings.
225 (3) A local government or regional planning council that
226 intends to conduct an informational public meeting must provide
227 notice of the meeting to all parties not less than 5 days prior
228 to the meeting and to the general public in accordance with s.
229 403.5115(5). The expense for such notice is eligible for
230 reimbursement under s. 403.518(2)(c)1.
231 Section 13. Paragraph (a) of subsection (2) of section
232 403.507, Florida Statutes, is amended to read:
233 403.507 Preliminary statements of issues, reports, project
234 analyses, and studies.—
235 (2)(a) No later than 100 days after the certification
236 application has been determined complete, the following agencies
237 shall prepare reports as provided below and shall submit them to
238 the department and the applicant, unless a final order denying
239 the determination of need has been issued under s. 403.519:
240 1. The Department of Economic Opportunity shall prepare a
241 report containing recommendations which address the impact upon
242 the public of the proposed electrical power plant, based on the
243 degree to which the electrical power plant is consistent with
244 the applicable portions of the state comprehensive plan,
245 emergency management, and other such matters within its
246 jurisdiction. The Department of Economic Opportunity may also
247 comment on the consistency of the proposed electrical power
248 plant with applicable strategic regional policy plans or local
249 comprehensive plans and land development regulations.
250 2. The water management district shall prepare a report as
251 to matters within its jurisdiction, including but not limited
252 to, the impact of the proposed electrical power plant on water
253 resources, regional water supply planning, and district-owned
254 lands and works.
255 3. Each local government in whose jurisdiction the proposed
256 electrical power plant is to be located shall prepare a report
257 as to the consistency of the proposed electrical power plant
258 with all applicable local ordinances, regulations, standards, or
259 criteria that apply to the proposed electrical power plant,
260 including any applicable local environmental regulations adopted
261 pursuant to s. 403.182 or by other means.
262 4. The Fish and Wildlife Conservation Commission shall
263 prepare a report as to matters within its jurisdiction.
264 5. Each regional planning council shall prepare a report
265 containing recommendations that address the impact upon the
266 public of the proposed electrical power plant, based on the
267 degree to which the electrical power plant is consistent with
268 the applicable provisions of the strategic regional policy plan
269 adopted pursuant to chapter 186 and other matters within its
270 jurisdiction.
271 5.6. The Department of Transportation shall address the
272 impact of the proposed electrical power plant on matters within
273 its jurisdiction.
274 Section 14. Paragraph (a) of subsection (3) and paragraph
275 (a) of subsection (4) of section 403.508, Florida Statutes, are
276 amended to read:
277 403.508 Land use and certification hearings, parties,
278 participants.—
279 (3)(a) Parties to the proceeding shall include:
280 1. The applicant.
281 2. The Public Service Commission.
282 3. The Department of Economic Opportunity.
283 4. The Fish and Wildlife Conservation Commission.
284 5. The water management district.
285 6. The department.
286 7. The regional planning council.
287 7.8. The local government.
288 8.9. The Department of Transportation.
289 (4)(a) The order of presentation at the certification
290 hearing, unless otherwise changed by the administrative law
291 judge to ensure the orderly presentation of witnesses and
292 evidence, shall be:
293 1. The applicant.
294 2. The department.
295 3. State agencies.
296 4. Regional agencies, including regional planning councils
297 and water management districts.
298 5. Local governments.
299 6. Other parties.
300 Section 15. Subsection (5) of section 403.5115, Florida
301 Statutes, is amended to read:
302 403.5115 Public notice.—
303 (5) A local government or regional planning council that
304 proposes to conduct an informational public meeting pursuant to
305 s. 403.50663 must publish notice of the meeting in a newspaper
306 of general circulation within the county or counties in which
307 the proposed electrical power plant will be located no later
308 than 7 days prior to the meeting. A newspaper of general
309 circulation shall be the newspaper that has the largest daily
310 circulation in that county and has its principal office in that
311 county. If the newspaper with the largest daily circulation has
312 its principal office outside the county, the notices shall
313 appear in both the newspaper having the largest circulation in
314 that county and in a newspaper authorized to publish legal
315 notices in that county.
316 Section 16. Paragraph (a) of subsection (2) of section
317 403.526, Florida Statutes, is amended to read:
318 403.526 Preliminary statements of issues, reports, and
319 project analyses; studies.—
320 (2)(a) No later than 90 days after the filing of the
321 application, the following agencies shall prepare reports as
322 provided below, unless a final order denying the determination
323 of need has been issued under s. 403.537:
324 1. The department shall prepare a report as to the impact
325 of each proposed transmission line or corridor as it relates to
326 matters within its jurisdiction.
327 2. Each water management district in the jurisdiction of
328 which a proposed transmission line or corridor is to be located
329 shall prepare a report as to the impact on water resources and
330 other matters within its jurisdiction.
331 3. The Department of Economic Opportunity shall prepare a
332 report containing recommendations which address the impact upon
333 the public of the proposed transmission line or corridor, based
334 on the degree to which the proposed transmission line or
335 corridor is consistent with the applicable portions of the state
336 comprehensive plan, emergency management, and other matters
337 within its jurisdiction. The Department of Economic Opportunity
338 may also comment on the consistency of the proposed transmission
339 line or corridor with applicable strategic regional policy plans
340 or local comprehensive plans and land development regulations.
341 4. The Fish and Wildlife Conservation Commission shall
342 prepare a report as to the impact of each proposed transmission
343 line or corridor on fish and wildlife resources and other
344 matters within its jurisdiction.
345 5. Each local government shall prepare a report as to the
346 impact of each proposed transmission line or corridor on matters
347 within its jurisdiction, including the consistency of the
348 proposed transmission line or corridor with all applicable local
349 ordinances, regulations, standards, or criteria that apply to
350 the proposed transmission line or corridor, including local
351 comprehensive plans, zoning regulations, land development
352 regulations, and any applicable local environmental regulations
353 adopted pursuant to s. 403.182 or by other means. A change by
354 the responsible local government or local agency in local
355 comprehensive plans, zoning ordinances, or other regulations
356 made after the date required for the filing of the local
357 government’s report required by this section is not applicable
358 to the certification of the proposed transmission line or
359 corridor unless the certification is denied or the application
360 is withdrawn.
361 6. Each regional planning council shall present a report
362 containing recommendations that address the impact upon the
363 public of the proposed transmission line or corridor based on
364 the degree to which the transmission line or corridor is
365 consistent with the applicable provisions of the strategic
366 regional policy plan adopted under chapter 186 and other impacts
367 of each proposed transmission line or corridor on matters within
368 its jurisdiction.
369 6.7. The Department of Transportation shall prepare a
370 report as to the impact of the proposed transmission line or
371 corridor on state roads, railroads, airports, aeronautics,
372 seaports, and other matters within its jurisdiction.
373 7.8. The commission shall prepare a report containing its
374 determination under s. 403.537, and the report may include the
375 comments from the commission with respect to any other subject
376 within its jurisdiction.
377 8.9. Any other agency, if requested by the department,
378 shall also perform studies or prepare reports as to subjects
379 within the jurisdiction of the agency which may potentially be
380 affected by the proposed transmission line.
381 Section 17. Paragraph (a) of subsection (2) and paragraph
382 (a) of subsection (3) of section 403.527, Florida Statutes, are
383 amended to read:
384 403.527 Certification hearing, parties, participants.—
385 (2)(a) Parties to the proceeding shall be:
386 1. The applicant.
387 2. The department.
388 3. The commission.
389 4. The Department of Economic Opportunity.
390 5. The Fish and Wildlife Conservation Commission.
391 6. The Department of Transportation.
392 7. Each water management district in the jurisdiction of
393 which the proposed transmission line or corridor is to be
394 located.
395 8. The local government.
396 9. The regional planning council.
397 (3)(a) The order of presentation at the certification
398 hearing, unless otherwise changed by the administrative law
399 judge to ensure the orderly presentation of witnesses and
400 evidence, shall be:
401 1. The applicant.
402 2. The department.
403 3. State agencies.
404 4. Regional agencies, including regional planning councils
405 and water management districts.
406 5. Local governments.
407 6. Other parties.
408 Section 18. Subsections (2) and (3) of section 403.5272,
409 Florida Statutes, are amended to read:
410 403.5272 Informational public meetings.—
411 (2) Informational public meetings shall be held solely at
412 the option of each local government or regional planning
413 council. It is the legislative intent that local governments or
414 regional planning councils attempt to hold such public meetings.
415 Parties to the proceedings under this act shall be encouraged to
416 attend; however, a party other than the applicant and the
417 department is not required to attend the informational public
418 meetings.
419 (3) A local government or regional planning council that
420 intends to conduct an informational public meeting must provide
421 notice of the meeting, with notice sent to all parties listed in
422 s. 403.527(2)(a), not less than 15 days before the meeting and
423 to the general public in accordance with s. 403.5363(4).
424 Section 19. Subsection (4) of section 403.7264, Florida
425 Statutes, is amended to read:
426 403.7264 Amnesty days for purging small quantities of
427 hazardous wastes.—Amnesty days are authorized by the state for
428 the purpose of purging small quantities of hazardous waste, free
429 of charge, from the possession of homeowners, farmers, schools,
430 state agencies, and small businesses. These entities have no
431 appropriate economically feasible mechanism for disposing of
432 their hazardous wastes at the present time. In order to raise
433 public awareness on this issue, provide an educational process,
434 accommodate those entities which have a need to dispose of small
435 quantities of hazardous waste, and preserve the waters of the
436 state, amnesty days shall be carried out in the following
437 manner:
438 (4) Regional planning councils shall assist the department
439 in site selection, public awareness, and program coordination.
440 However, the department shall retain full responsibility for the
441 state amnesty days program.
442 Section 20. Paragraph (a) of subsection (2) of section
443 403.941, Florida Statutes, is amended to read:
444 403.941 Preliminary statements of issues, reports, and
445 studies.—
446 (2)(a) The affected agencies shall prepare reports as
447 provided in this paragraph and shall submit them to the
448 department and the applicant within 60 days after the
449 application is determined sufficient:
450 1. The department shall prepare a report as to the impact
451 of each proposed natural gas transmission pipeline or corridor
452 as it relates to matters within its jurisdiction.
453 2. Each water management district in the jurisdiction of
454 which a proposed natural gas transmission pipeline or corridor
455 is to be located shall prepare a report as to the impact on
456 water resources and other matters within its jurisdiction.
457 3. The Department of Economic Opportunity shall prepare a
458 report containing recommendations which address the impact upon
459 the public of the proposed natural gas transmission pipeline or
460 corridor, based on the degree to which the proposed natural gas
461 transmission pipeline or corridor is consistent with the
462 applicable portions of the state comprehensive plan and other
463 matters within its jurisdiction. The Department of Economic
464 Opportunity may also comment on the consistency of the proposed
465 natural gas transmission pipeline or corridor with applicable
466 strategic regional policy plans or local comprehensive plans and
467 land development regulations.
468 4. The Fish and Wildlife Conservation Commission shall
469 prepare a report as to the impact of each proposed natural gas
470 transmission pipeline or corridor on fish and wildlife resources
471 and other matters within its jurisdiction.
472 5. Each local government in which the natural gas
473 transmission pipeline or natural gas transmission pipeline
474 corridor will be located shall prepare a report as to the impact
475 of each proposed natural gas transmission pipeline or corridor
476 on matters within its jurisdiction, including the consistency of
477 the proposed natural gas transmission pipeline or corridor with
478 all applicable local ordinances, regulations, standards, or
479 criteria that apply to the proposed natural gas transmission
480 pipeline or corridor, including local comprehensive plans,
481 zoning regulations, land development regulations, and any
482 applicable local environmental regulations adopted pursuant to
483 s. 403.182 or by other means. No change by the responsible local
484 government or local agency in local comprehensive plans, zoning
485 ordinances, or other regulations made after the date required
486 for the filing of the local government’s report required by this
487 section shall be applicable to the certification of the proposed
488 natural gas transmission pipeline or corridor unless the
489 certification is denied or the application is withdrawn.
490 6. Each regional planning council in which the natural gas
491 transmission pipeline or natural gas transmission pipeline
492 corridor will be located shall present a report containing
493 recommendations that address the impact upon the public of the
494 proposed natural gas transmission pipeline or corridor, based on
495 the degree to which the natural gas transmission pipeline or
496 corridor is consistent with the applicable provisions of the
497 strategic regional policy plan adopted pursuant to chapter 186
498 and other impacts of each proposed natural gas transmission
499 pipeline or corridor on matters within its jurisdiction.
500 6.7. The Department of Transportation shall prepare a
501 report on the effect of the natural gas transmission pipeline or
502 natural gas transmission pipeline corridor on matters within its
503 jurisdiction, including roadway crossings by the pipeline. The
504 report shall contain at a minimum:
505 a. A report by the applicant to the department stating that
506 all requirements of the department’s utilities accommodation
507 guide have been or will be met in regard to the proposed
508 pipeline or pipeline corridor; and
509 b. A statement by the department as to the adequacy of the
510 report to the department by the applicant.
511 7.8. The Department of State, Division of Historical
512 Resources, shall prepare a report on the impact of the natural
513 gas transmission pipeline or natural gas transmission pipeline
514 corridor on matters within its jurisdiction.
515 8.9. The commission shall prepare a report addressing
516 matters within its jurisdiction. The commission’s report shall
517 include its determination of need issued pursuant to s.
518 403.9422.
519 Section 21. Paragraph (a) of subsection (4) and subsection
520 (6) of section 403.9411, Florida Statutes, are amended to read:
521 403.9411 Notice; proceedings; parties and participants.—
522 (4)(a) Parties to the proceeding shall be:
523 1. The applicant.
524 2. The department.
525 3. The commission.
526 4. The Department of Economic Opportunity.
527 5. The Fish and Wildlife Conservation Commission.
528 6. Each water management district in the jurisdiction of
529 which the proposed natural gas transmission pipeline or corridor
530 is to be located.
531 7. The local government.
532 8. The regional planning council.
533 8.9. The Department of Transportation.
534 9.10. The Department of State, Division of Historical
535 Resources.
536 (6) The order of presentation at the certification hearing,
537 unless otherwise changed by the administrative law judge to
538 ensure the orderly presentation of witnesses and evidence, shall
539 be:
540 (a) The applicant.
541 (b) The department.
542 (c) State agencies.
543 (d) Regional agencies, including regional planning councils
544 and water management districts.
545 (e) Local governments.
546 (f) Other parties.
547 Section 22. Subsection (6) of section 419.001, Florida
548 Statutes, is amended to read:
549 419.001 Site selection of community residential homes.—
550 (6) If agreed to by both the local government and the
551 sponsoring agency, a conflict may be resolved through informal
552 mediation. The local government shall arrange for the services
553 of an independent mediator or may utilize the dispute resolution
554 process established by a regional planning council pursuant to
555 s. 186.509. Mediation shall be concluded within 45 days of a
556 request therefor. The resolution of any issue through the
557 mediation process shall not alter any person’s right to a
558 judicial determination of any issue if that person is entitled
559 to such a determination under statutory or common law.
560 Section 23. Subsection (4) of section 985.682, Florida
561 Statutes, is amended to read:
562 985.682 Siting of facilities; criteria.—
563 (4) When the department requests such a modification and it
564 is denied by the local government, the local government or the
565 department shall initiate the dispute resolution process
566 established under s. 186.509 to reconcile differences on the
567 siting of correctional facilities between the department, local
568 governments, and private citizens. If the regional planning
569 council has not established a dispute resolution process
570 pursuant to s. 186.509, The department shall establish, by rule,
571 procedures for dispute resolution. The dispute resolution
572 process shall require the parties to commence meetings to
573 reconcile their differences. If the parties fail to resolve
574 their differences within 30 days after the denial, the parties
575 shall engage in voluntary mediation or similar process. If the
576 parties fail to resolve their differences by mediation within 60
577 days after the denial, or if no action is taken on the
578 department’s request within 90 days after the request, the
579 department must appeal the decision of the local government on
580 the requested modification of local plans, ordinances, or
581 regulations to the Governor and Cabinet. Any dispute resolution
582 process initiated under this section must conform to the time
583 limitations set forth herein. However, upon agreement of all
584 parties, the time limits may be extended, but in no event may
585 the dispute resolution process extend over 180 days.
586 Section 24. Section 186.0201, Florida Statutes, is
587 repealed.
588 Section 25. Section 260.018, Florida Statutes, is repealed.
589 Section 26. For the 2015-2016 fiscal year, the sum of $2.5
590 million in nonrecurring funds from the General Revenue Fund is
591 appropriated to the regional planning councils, 75 percent of
592 which must be divided equally among the councils and 25 percent
593 must be allocated according to population. The funds must be
594 used to implement the statutory requirements of chapter 163,
595 Florida Statutes, and the Florida Five-Year Strategic Plan for
596 Economic Development and to address problems of greater than
597 local government concern and provide technical assistance to
598 local governments, economic development organizations, and other
599 stakeholders.
600 Section 27. This act shall take effect July 1, 2015.
601
602 ================= T I T L E A M E N D M E N T ================
603 And the title is amended as follows:
604 Delete everything before the enacting clause
605 and insert:
606 A bill to be entitled
607 An act relating to regional planning councils;
608 amending s. 163.3175, F.S.; deleting obsolete
609 provisions; amending s. 163.3246, F.S.; removing
610 restrictions on certain exemptions; amending s.
611 163.3248, F.S.; removing the requirement that regional
612 planning councils provide assistance in developing a
613 plan for a rural land stewardship area; amending s.
614 186.505, F.S.; removing the power of regional planning
615 councils to establish and conduct cross-acceptance
616 negotiation processes; amending s. 186.506, F.S.;
617 removing the Governor’s authority to revise regional
618 planning council district boundaries; creating s.
619 186.512, F.S.; subdividing the state into specified
620 geographic regions for the purpose of regional
621 comprehensive planning; amending s. 186.513, F.S.;
622 deleting the requirement that regional planning
623 councils make joint reports and recommendations;
624 amending s. 253.7828, F.S.; conforming provisions to
625 changes made by the act; amending s. 339.135, F.S.;
626 deleting obsolete provisions; amending s. 339.155,
627 F.S.; removing certain duties of regional planning
628 councils; amending s. 380.06, F.S.; removing the
629 requirement that certain developers submit biennial
630 reports to regional planning agencies; amending s.
631 403.50663, F.S.; removing requirements relating to
632 certain informational public meetings; amending s.
633 403.507, F.S.; removing the requirement that regional
634 planning councils prepare reports addressing the
635 impact of proposed electrical power plants; amending
636 s. 403.508, F.S.; removing the requirement that
637 regional planning councils participate in certain
638 proceedings; amending s. 403.5115, F.S.; conforming
639 provisions to changes made by the act; amending s.
640 403.526, F.S.; removing the requirement that regional
641 planning councils prepare reports addressing the
642 impact of proposed transmission lines or corridors;
643 amending s. 403.527, F.S.; removing the requirement
644 that regional planning councils parties participate in
645 certain proceedings; amending s. 403.5272, F.S.;
646 conforming provisions to changes made by the act;
647 amending s. 403.7264, F.S.; removing the requirement
648 that regional planning councils assist with amnesty
649 days for purging small quantities of hazardous wastes;
650 amending s. 403.941, F.S.; removing the requirement
651 that regional planning councils prepare reports
652 addressing the impact of proposed natural gas
653 transmission lines or corridors; amending s. 403.9411,
654 F.S.; removing the requirement that regional planning
655 councils participate in certain proceedings; amending
656 ss. 419.001 and 985.682, F.S.; removing provisions
657 relating to the use of a certain dispute resolution
658 process; repealing s. 186.0201, F.S., relating to
659 electric substation planning; repealing s. 260.018,
660 F.S., relating to agency recognition of certain
661 publicly owned lands and waters; providing an
662 appropriation; providing an effective date.