Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 484
Ì5592904Î559290
576-03380-15
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
1 A bill to be entitled
2 An act relating to regional planning councils;
3 amending s. 163.3175, F.S.; deleting obsolete
4 provisions; amending s. 163.3246, F.S.; removing
5 restrictions on certain exemptions; amending s.
6 163.3248, F.S.; removing the requirement that regional
7 planning councils provide assistance in developing a
8 plan for a rural land stewardship area; amending s.
9 186.505, F.S.; removing the power of regional planning
10 councils to establish and conduct cross-acceptance
11 negotiation processes; creating s. 186.512, F.S.;
12 subdividing the state into specified geographic
13 regions for the purpose of regional comprehensive
14 planning; authorizing the Governor to review and
15 update the district boundaries of the regional
16 planning councils; amending s. 186.513, F.S.; deleting
17 the requirement that regional planning councils make
18 joint reports and recommendations; amending s.
19 253.7828, F.S.; conforming provisions to changes made
20 by the act; amending s. 339.135, F.S.; deleting
21 obsolete provisions; amending s. 339.155, F.S.;
22 removing certain duties of regional planning councils;
23 amending s. 380.06, F.S.; removing the requirement
24 that certain developers submit biennial reports to
25 regional planning agencies; amending s. 403.50663,
26 F.S.; removing requirements relating to certain
27 informational public meetings; amending s. 403.507,
28 F.S.; removing the requirement that regional planning
29 councils prepare reports addressing the impact of
30 proposed electrical power plants; amending s. 403.508,
31 F.S.; removing the requirement that regional planning
32 councils participate in certain proceedings; amending
33 s. 403.5115, F.S.; conforming provisions to changes
34 made by the act; amending s. 403.526, F.S.; removing
35 the requirement that regional planning councils
36 prepare reports addressing the impact of proposed
37 transmission lines or corridors; amending s. 403.527,
38 F.S.; removing the requirement that regional planning
39 councils parties participate in certain proceedings;
40 amending s. 403.5272, F.S.; conforming provisions to
41 changes made by the act; amending s. 403.7264, F.S.;
42 removing the requirement that regional planning
43 councils assist with amnesty days for purging small
44 quantities of hazardous wastes; amending s. 403.941,
45 F.S.; removing the requirement that regional planning
46 councils prepare reports addressing the impact of
47 proposed natural gas transmission lines or corridors;
48 amending s. 403.9411, F.S.; removing the requirement
49 that regional planning councils participate in certain
50 proceedings; amending ss. 419.001 and 985.682, F.S.;
51 removing provisions relating to the use of a certain
52 dispute resolution process; repealing s. 186.0201,
53 F.S., relating to electric substation planning;
54 repealing s. 260.018, F.S., relating to agency
55 recognition of certain publicly owned lands and
56 waters; providing an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Subsection (9) of section 163.3175, Florida
61 Statutes, is amended to read:
62 163.3175 Legislative findings on compatibility of
63 development with military installations; exchange of information
64 between local governments and military installations.—
65 (9) If a local government, as required under s.
66 163.3177(6)(a), does not adopt criteria and address
67 compatibility of lands adjacent to or closely proximate to
68 existing military installations in its future land use plan
69 element by June 30, 2012, the local government, the military
70 installation, the state land planning agency, and other parties
71 as identified by the regional planning council, including, but
72 not limited to, private landowner representatives, shall enter
73 into mediation conducted pursuant to s. 186.509. If the local
74 government comprehensive plan does not contain criteria
75 addressing compatibility by December 31, 2013, the agency may
76 notify the Administration Commission. The Administration
77 Commission may impose sanctions pursuant to s. 163.3184(8). Any
78 local government that amended its comprehensive plan to address
79 military installation compatibility requirements after 2004 and
80 was found to be in compliance is deemed to be in compliance with
81 this subsection until the local government conducts its
82 evaluation and appraisal review pursuant to s. 163.3191 and
83 determines that amendments are necessary to meet updated general
84 law requirements.
85 Section 2. Subsection (11) of section 163.3246, Florida
86 Statutes, is amended to read:
87 163.3246 Local government comprehensive planning
88 certification program.—
89 (11) If the local government of an area described in
90 subsection (10) does not request that the state land planning
91 agency review the developments of regional impact that are
92 proposed within the certified area, an application for approval
93 of a development order within the certified area shall be exempt
94 from review under s. 380.06, subject to the following:
95 (a) Concurrent with filing an application for development
96 approval with the local government, a developer proposing a
97 project that would have been subject to review pursuant to s.
98 380.06 shall notify in writing the regional planning council
99 with jurisdiction.
100 (b) The regional planning council shall coordinate with the
101 developer and the local government to ensure that all
102 concurrency requirements as well as federal, state, and local
103 environmental permit requirements are met.
104 Section 3. Subsection (4) of section 163.3248, Florida
105 Statutes, is amended to read:
106 163.3248 Rural land stewardship areas.—
107 (4) A local government or one or more property owners may
108 request assistance and participation in the development of a
109 plan for the rural land stewardship area from the state land
110 planning agency, the Department of Agriculture and Consumer
111 Services, the Fish and Wildlife Conservation Commission, the
112 Department of Environmental Protection, the appropriate water
113 management district, the Department of Transportation, the
114 regional planning council, private land owners, and
115 stakeholders.
116 Section 4. Subsection (22) of section 186.505, Florida
117 Statutes, is amended to read:
118 186.505 Regional planning councils; powers and duties.—Any
119 regional planning council created hereunder shall have the
120 following powers:
121 (22) To establish and conduct a cross-acceptance
122 negotiation process with local governments intended to resolve
123 inconsistencies between applicable local and regional plans,
124 with participation by local governments being voluntary.
125 Section 5. Section 186.512, Florida Statutes, is created to
126 read:
127 186.512 Designation of regional planning councils.—The
128 territorial area of the state is subdivided into the following
129 districts for the purpose of regional comprehensive planning.
130 The name and geographic area of each respective district shall
131 accord with the following:
132 (1) West Florida Regional Planning Council: Bay, Escambia,
133 Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties.
134 (2) Apalachee Regional Planning Council: Calhoun, Franklin,
135 Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla
136 Counties.
137 (3) North Central Florida Regional Planning Council:
138 Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
139 Lafayette, Levy, Madison, Marion, Suwannee, Taylor, and Union
140 Counties.
141 (4) Northeast Florida Regional Planning Council: Baker,
142 Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties.
143 (5) East Central Florida Regional Planning Council:
144 Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia
145 Counties.
146 (6) Central Florida Regional Planning Council: DeSoto,
147 Hardee, Highlands, Okeechobee, and Polk Counties.
148 (7) Tampa Bay Regional Planning Council: Citrus, Hernando,
149 Hillsborough, Manatee, Pasco, and Pinellas Counties.
150 (8) Southwest Florida Regional Planning Council: Charlotte,
151 Collier, Glades, Hendry, Lee, and Sarasota Counties.
152 (9) Treasure Coast Regional Planning Council: Indian River,
153 Martin, Palm Beach, and St. Lucie Counties.
154 (10) South Florida Regional Planning Council: Broward,
155 Miami-Dade, and Monroe Counties.
156
157 Beginning January 1, 2016, and thereafter, the Governor may
158 review and update the district boundaries of the regional
159 planning councils pursuant to his authority under s. 186.506(4).
160 Section 6. Section 186.513, Florida Statutes, is amended to
161 read:
162 186.513 Reports.—Each regional planning council shall
163 prepare and furnish an annual report on its activities to the
164 state land planning agency as defined in s. 163.3164 and the
165 local general-purpose governments within its boundaries and,
166 upon payment as may be established by the council, to any
167 interested person. The regional planning councils shall make a
168 joint report and recommendations to appropriate legislative
169 committees.
170 Section 7. Section 253.7828, Florida Statutes, is amended
171 to read:
172 253.7828 Impairment of use or conservation by agencies
173 prohibited.—All agencies of the state, regional planning
174 councils, water management districts, and local governments
175 shall recognize the special character of the lands and waters
176 designated by the state as the Cross Florida Greenways State
177 Recreation and Conservation Area and shall not take any action
178 which will impair its use and conservation.
179 Section 8. Paragraph (j) of subsection (4) of section
180 339.135, Florida Statutes, is amended to read:
181 339.135 Work program; legislative budget request;
182 definitions; preparation, adoption, execution, and amendment.—
183 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
184 (j) Notwithstanding paragraph (a) and for the 2014-2015
185 fiscal year only, the department may use up to $15 million of
186 appropriated funds to pay the costs of strategic and regionally
187 significant transportation projects. Funds may be used to
188 provide up to 75 percent of project costs for production-ready
189 eligible projects. Preference shall be given to projects that
190 support the state’s economic regions, or that have been
191 identified as regionally significant in accordance with s.
192 339.155(4)(c), (d), and (e), and that have an increased level of
193 nonstate match. This paragraph expires July 1, 2015.
194 Section 9. Paragraph (b) of subsection (4) of section
195 339.155, Florida Statutes, is amended to read:
196 339.155 Transportation planning.—
197 (4) ADDITIONAL TRANSPORTATION PLANS.—
198 (b) Each regional planning council, as provided for in s.
199 186.504, or any successor agency thereto, shall develop, as an
200 element of its strategic regional policy plan, transportation
201 goals and policies. The transportation goals and policies must
202 be prioritized to comply with the prevailing principles provided
203 in subsection (1) and s. 334.046(1). The transportation goals
204 and policies shall be consistent, to the maximum extent
205 feasible, with the goals and policies of the metropolitan
206 planning organization and the Florida Transportation Plan. The
207 transportation goals and policies of the regional planning
208 council will be advisory only and shall be submitted to the
209 department and any affected metropolitan planning organization
210 for their consideration and comments. Metropolitan planning
211 organization plans and other local transportation plans shall be
212 developed consistent, to the maximum extent feasible, with the
213 regional transportation goals and policies. The regional
214 planning council shall review urbanized area transportation
215 plans and any other planning products stipulated in s. 339.175
216 and provide the department and respective metropolitan planning
217 organizations with written recommendations, which the department
218 and the metropolitan planning organizations shall take under
219 advisement. Further, the regional planning councils shall
220 directly assist local governments that are not part of a
221 metropolitan area transportation planning process in the
222 development of the transportation element of their comprehensive
223 plans as required by s. 163.3177.
224 Section 10. Subsection (18) of section 380.06, Florida
225 Statutes, is amended to read:
226 380.06 Developments of regional impact.—
227 (18) BIENNIAL REPORTS.—The developer shall submit a
228 biennial report on the development of regional impact to the
229 local government, the regional planning agency, the state land
230 planning agency, and all affected permit agencies in alternate
231 years on the date specified in the development order, unless the
232 development order by its terms requires more frequent
233 monitoring. If the report is not received, the regional planning
234 agency or the state land planning agency shall notify the local
235 government. If the local government does not receive the report
236 or receives notification that the regional planning agency or
237 the state land planning agency has not received the report, the
238 local government shall request in writing that the developer
239 submit the report within 30 days. The failure to submit the
240 report after 30 days shall result in the temporary suspension of
241 the development order by the local government. If no additional
242 development pursuant to the development order has occurred since
243 the submission of the previous report, then a letter from the
244 developer stating that no development has occurred shall satisfy
245 the requirement for a report. Development orders that require
246 annual reports may be amended to require biennial reports at the
247 option of the local government.
248 Section 11. Subsections (2) and (3) of section 403.50663,
249 Florida Statutes, are amended to read:
250 403.50663 Informational public meetings.—
251 (2) Informational public meetings shall be held solely at
252 the option of each local government or regional planning council
253 if a public meeting is not held by the local government. It is
254 the legislative intent that local governments or regional
255 planning councils attempt to hold such public meetings. Parties
256 to the proceedings under this act shall be encouraged to attend;
257 however, no party other than the applicant and the department
258 shall be required to attend such informational public meetings.
259 (3) A local government or regional planning council that
260 intends to conduct an informational public meeting must provide
261 notice of the meeting to all parties not less than 5 days prior
262 to the meeting and to the general public in accordance with s.
263 403.5115(5). The expense for such notice is eligible for
264 reimbursement under s. 403.518(2)(c)1.
265 Section 12. Paragraph (a) of subsection (2) of section
266 403.507, Florida Statutes, is amended to read:
267 403.507 Preliminary statements of issues, reports, project
268 analyses, and studies.—
269 (2)(a) No later than 100 days after the certification
270 application has been determined complete, the following agencies
271 shall prepare reports as provided below and shall submit them to
272 the department and the applicant, unless a final order denying
273 the determination of need has been issued under s. 403.519:
274 1. The Department of Economic Opportunity shall prepare a
275 report containing recommendations which address the impact upon
276 the public of the proposed electrical power plant, based on the
277 degree to which the electrical power plant is consistent with
278 the applicable portions of the state comprehensive plan,
279 emergency management, and other such matters within its
280 jurisdiction. The Department of Economic Opportunity may also
281 comment on the consistency of the proposed electrical power
282 plant with applicable strategic regional policy plans or local
283 comprehensive plans and land development regulations.
284 2. The water management district shall prepare a report as
285 to matters within its jurisdiction, including but not limited
286 to, the impact of the proposed electrical power plant on water
287 resources, regional water supply planning, and district-owned
288 lands and works.
289 3. Each local government in whose jurisdiction the proposed
290 electrical power plant is to be located shall prepare a report
291 as to the consistency of the proposed electrical power plant
292 with all applicable local ordinances, regulations, standards, or
293 criteria that apply to the proposed electrical power plant,
294 including any applicable local environmental regulations adopted
295 pursuant to s. 403.182 or by other means.
296 4. The Fish and Wildlife Conservation Commission shall
297 prepare a report as to matters within its jurisdiction.
298 5. Each regional planning council shall prepare a report
299 containing recommendations that address the impact upon the
300 public of the proposed electrical power plant, based on the
301 degree to which the electrical power plant is consistent with
302 the applicable provisions of the strategic regional policy plan
303 adopted pursuant to chapter 186 and other matters within its
304 jurisdiction.
305 5.6. The Department of Transportation shall address the
306 impact of the proposed electrical power plant on matters within
307 its jurisdiction.
308 Section 13. Paragraph (a) of subsection (3) and paragraph
309 (a) of subsection (4) of section 403.508, Florida Statutes, are
310 amended to read:
311 403.508 Land use and certification hearings, parties,
312 participants.—
313 (3)(a) Parties to the proceeding shall include:
314 1. The applicant.
315 2. The Public Service Commission.
316 3. The Department of Economic Opportunity.
317 4. The Fish and Wildlife Conservation Commission.
318 5. The water management district.
319 6. The department.
320 7. The regional planning council.
321 7.8. The local government.
322 8.9. The Department of Transportation.
323 (4)(a) The order of presentation at the certification
324 hearing, unless otherwise changed by the administrative law
325 judge to ensure the orderly presentation of witnesses and
326 evidence, shall be:
327 1. The applicant.
328 2. The department.
329 3. State agencies.
330 4. Regional agencies, including regional planning councils
331 and water management districts.
332 5. Local governments.
333 6. Other parties.
334 Section 14. Subsection (5) of section 403.5115, Florida
335 Statutes, is amended to read:
336 403.5115 Public notice.—
337 (5) A local government or regional planning council that
338 proposes to conduct an informational public meeting pursuant to
339 s. 403.50663 must publish notice of the meeting in a newspaper
340 of general circulation within the county or counties in which
341 the proposed electrical power plant will be located no later
342 than 7 days prior to the meeting. A newspaper of general
343 circulation shall be the newspaper that has the largest daily
344 circulation in that county and has its principal office in that
345 county. If the newspaper with the largest daily circulation has
346 its principal office outside the county, the notices shall
347 appear in both the newspaper having the largest circulation in
348 that county and in a newspaper authorized to publish legal
349 notices in that county.
350 Section 15. Paragraph (a) of subsection (2) of section
351 403.526, Florida Statutes, is amended to read:
352 403.526 Preliminary statements of issues, reports, and
353 project analyses; studies.—
354 (2)(a) No later than 90 days after the filing of the
355 application, the following agencies shall prepare reports as
356 provided below, unless a final order denying the determination
357 of need has been issued under s. 403.537:
358 1. The department shall prepare a report as to the impact
359 of each proposed transmission line or corridor as it relates to
360 matters within its jurisdiction.
361 2. Each water management district in the jurisdiction of
362 which a proposed transmission line or corridor is to be located
363 shall prepare a report as to the impact on water resources and
364 other matters within its jurisdiction.
365 3. The Department of Economic Opportunity shall prepare a
366 report containing recommendations which address the impact upon
367 the public of the proposed transmission line or corridor, based
368 on the degree to which the proposed transmission line or
369 corridor is consistent with the applicable portions of the state
370 comprehensive plan, emergency management, and other matters
371 within its jurisdiction. The Department of Economic Opportunity
372 may also comment on the consistency of the proposed transmission
373 line or corridor with applicable strategic regional policy plans
374 or local comprehensive plans and land development regulations.
375 4. The Fish and Wildlife Conservation Commission shall
376 prepare a report as to the impact of each proposed transmission
377 line or corridor on fish and wildlife resources and other
378 matters within its jurisdiction.
379 5. Each local government shall prepare a report as to the
380 impact of each proposed transmission line or corridor on matters
381 within its jurisdiction, including the consistency of the
382 proposed transmission line or corridor with all applicable local
383 ordinances, regulations, standards, or criteria that apply to
384 the proposed transmission line or corridor, including local
385 comprehensive plans, zoning regulations, land development
386 regulations, and any applicable local environmental regulations
387 adopted pursuant to s. 403.182 or by other means. A change by
388 the responsible local government or local agency in local
389 comprehensive plans, zoning ordinances, or other regulations
390 made after the date required for the filing of the local
391 government’s report required by this section is not applicable
392 to the certification of the proposed transmission line or
393 corridor unless the certification is denied or the application
394 is withdrawn.
395 6. Each regional planning council shall present a report
396 containing recommendations that address the impact upon the
397 public of the proposed transmission line or corridor based on
398 the degree to which the transmission line or corridor is
399 consistent with the applicable provisions of the strategic
400 regional policy plan adopted under chapter 186 and other impacts
401 of each proposed transmission line or corridor on matters within
402 its jurisdiction.
403 6.7. The Department of Transportation shall prepare a
404 report as to the impact of the proposed transmission line or
405 corridor on state roads, railroads, airports, aeronautics,
406 seaports, and other matters within its jurisdiction.
407 7.8. The commission shall prepare a report containing its
408 determination under s. 403.537, and the report may include the
409 comments from the commission with respect to any other subject
410 within its jurisdiction.
411 8.9. Any other agency, if requested by the department,
412 shall also perform studies or prepare reports as to subjects
413 within the jurisdiction of the agency which may potentially be
414 affected by the proposed transmission line.
415 Section 16. Paragraph (a) of subsection (2) and paragraph
416 (a) of subsection (3) of section 403.527, Florida Statutes, are
417 amended to read:
418 403.527 Certification hearing, parties, participants.—
419 (2)(a) Parties to the proceeding shall be:
420 1. The applicant.
421 2. The department.
422 3. The commission.
423 4. The Department of Economic Opportunity.
424 5. The Fish and Wildlife Conservation Commission.
425 6. The Department of Transportation.
426 7. Each water management district in the jurisdiction of
427 which the proposed transmission line or corridor is to be
428 located.
429 8. The local government.
430 9. The regional planning council.
431 (3)(a) The order of presentation at the certification
432 hearing, unless otherwise changed by the administrative law
433 judge to ensure the orderly presentation of witnesses and
434 evidence, shall be:
435 1. The applicant.
436 2. The department.
437 3. State agencies.
438 4. Regional agencies, including regional planning councils
439 and water management districts.
440 5. Local governments.
441 6. Other parties.
442 Section 17. Subsections (2) and (3) of section 403.5272,
443 Florida Statutes, are amended to read:
444 403.5272 Informational public meetings.—
445 (2) Informational public meetings shall be held solely at
446 the option of each local government or regional planning
447 council. It is the legislative intent that local governments or
448 regional planning councils attempt to hold such public meetings.
449 Parties to the proceedings under this act shall be encouraged to
450 attend; however, a party other than the applicant and the
451 department is not required to attend the informational public
452 meetings.
453 (3) A local government or regional planning council that
454 intends to conduct an informational public meeting must provide
455 notice of the meeting, with notice sent to all parties listed in
456 s. 403.527(2)(a), not less than 15 days before the meeting and
457 to the general public in accordance with s. 403.5363(4).
458 Section 18. Subsection (4) of section 403.7264, Florida
459 Statutes, is amended to read:
460 403.7264 Amnesty days for purging small quantities of
461 hazardous wastes.—Amnesty days are authorized by the state for
462 the purpose of purging small quantities of hazardous waste, free
463 of charge, from the possession of homeowners, farmers, schools,
464 state agencies, and small businesses. These entities have no
465 appropriate economically feasible mechanism for disposing of
466 their hazardous wastes at the present time. In order to raise
467 public awareness on this issue, provide an educational process,
468 accommodate those entities which have a need to dispose of small
469 quantities of hazardous waste, and preserve the waters of the
470 state, amnesty days shall be carried out in the following
471 manner:
472 (4) Regional planning councils shall assist the department
473 in site selection, public awareness, and program coordination.
474 However, the department shall retain full responsibility for the
475 state amnesty days program.
476 Section 19. Paragraph (a) of subsection (2) of section
477 403.941, Florida Statutes, is amended to read:
478 403.941 Preliminary statements of issues, reports, and
479 studies.—
480 (2)(a) The affected agencies shall prepare reports as
481 provided in this paragraph and shall submit them to the
482 department and the applicant within 60 days after the
483 application is determined sufficient:
484 1. The department shall prepare a report as to the impact
485 of each proposed natural gas transmission pipeline or corridor
486 as it relates to matters within its jurisdiction.
487 2. Each water management district in the jurisdiction of
488 which a proposed natural gas transmission pipeline or corridor
489 is to be located shall prepare a report as to the impact on
490 water resources and other matters within its jurisdiction.
491 3. The Department of Economic Opportunity shall prepare a
492 report containing recommendations which address the impact upon
493 the public of the proposed natural gas transmission pipeline or
494 corridor, based on the degree to which the proposed natural gas
495 transmission pipeline or corridor is consistent with the
496 applicable portions of the state comprehensive plan and other
497 matters within its jurisdiction. The Department of Economic
498 Opportunity may also comment on the consistency of the proposed
499 natural gas transmission pipeline or corridor with applicable
500 strategic regional policy plans or local comprehensive plans and
501 land development regulations.
502 4. The Fish and Wildlife Conservation Commission shall
503 prepare a report as to the impact of each proposed natural gas
504 transmission pipeline or corridor on fish and wildlife resources
505 and other matters within its jurisdiction.
506 5. Each local government in which the natural gas
507 transmission pipeline or natural gas transmission pipeline
508 corridor will be located shall prepare a report as to the impact
509 of each proposed natural gas transmission pipeline or corridor
510 on matters within its jurisdiction, including the consistency of
511 the proposed natural gas transmission pipeline or corridor with
512 all applicable local ordinances, regulations, standards, or
513 criteria that apply to the proposed natural gas transmission
514 pipeline or corridor, including local comprehensive plans,
515 zoning regulations, land development regulations, and any
516 applicable local environmental regulations adopted pursuant to
517 s. 403.182 or by other means. No change by the responsible local
518 government or local agency in local comprehensive plans, zoning
519 ordinances, or other regulations made after the date required
520 for the filing of the local government’s report required by this
521 section shall be applicable to the certification of the proposed
522 natural gas transmission pipeline or corridor unless the
523 certification is denied or the application is withdrawn.
524 6. Each regional planning council in which the natural gas
525 transmission pipeline or natural gas transmission pipeline
526 corridor will be located shall present a report containing
527 recommendations that address the impact upon the public of the
528 proposed natural gas transmission pipeline or corridor, based on
529 the degree to which the natural gas transmission pipeline or
530 corridor is consistent with the applicable provisions of the
531 strategic regional policy plan adopted pursuant to chapter 186
532 and other impacts of each proposed natural gas transmission
533 pipeline or corridor on matters within its jurisdiction.
534 6.7. The Department of Transportation shall prepare a
535 report on the effect of the natural gas transmission pipeline or
536 natural gas transmission pipeline corridor on matters within its
537 jurisdiction, including roadway crossings by the pipeline. The
538 report shall contain at a minimum:
539 a. A report by the applicant to the department stating that
540 all requirements of the department’s utilities accommodation
541 guide have been or will be met in regard to the proposed
542 pipeline or pipeline corridor; and
543 b. A statement by the department as to the adequacy of the
544 report to the department by the applicant.
545 7.8. The Department of State, Division of Historical
546 Resources, shall prepare a report on the impact of the natural
547 gas transmission pipeline or natural gas transmission pipeline
548 corridor on matters within its jurisdiction.
549 8.9. The commission shall prepare a report addressing
550 matters within its jurisdiction. The commission’s report shall
551 include its determination of need issued pursuant to s.
552 403.9422.
553 Section 20. Paragraph (a) of subsection (4) and subsection
554 (6) of section 403.9411, Florida Statutes, are amended to read:
555 403.9411 Notice; proceedings; parties and participants.—
556 (4)(a) Parties to the proceeding shall be:
557 1. The applicant.
558 2. The department.
559 3. The commission.
560 4. The Department of Economic Opportunity.
561 5. The Fish and Wildlife Conservation Commission.
562 6. Each water management district in the jurisdiction of
563 which the proposed natural gas transmission pipeline or corridor
564 is to be located.
565 7. The local government.
566 8. The regional planning council.
567 8.9. The Department of Transportation.
568 9.10. The Department of State, Division of Historical
569 Resources.
570 (6) The order of presentation at the certification hearing,
571 unless otherwise changed by the administrative law judge to
572 ensure the orderly presentation of witnesses and evidence, shall
573 be:
574 (a) The applicant.
575 (b) The department.
576 (c) State agencies.
577 (d) Regional agencies, including regional planning councils
578 and water management districts.
579 (e) Local governments.
580 (f) Other parties.
581 Section 21. Subsection (6) of section 419.001, Florida
582 Statutes, is amended to read:
583 419.001 Site selection of community residential homes.—
584 (6) If agreed to by both the local government and the
585 sponsoring agency, a conflict may be resolved through informal
586 mediation. The local government shall arrange for the services
587 of an independent mediator or may utilize the dispute resolution
588 process established by a regional planning council pursuant to
589 s. 186.509. Mediation shall be concluded within 45 days of a
590 request therefor. The resolution of any issue through the
591 mediation process shall not alter any person’s right to a
592 judicial determination of any issue if that person is entitled
593 to such a determination under statutory or common law.
594 Section 22. Subsection (4) of section 985.682, Florida
595 Statutes, is amended to read:
596 985.682 Siting of facilities; criteria.—
597 (4) When the department requests such a modification and it
598 is denied by the local government, the local government or the
599 department shall initiate the dispute resolution process
600 established under s. 186.509 to reconcile differences on the
601 siting of correctional facilities between the department, local
602 governments, and private citizens. If the regional planning
603 council has not established a dispute resolution process
604 pursuant to s. 186.509, The department shall establish, by rule,
605 procedures for dispute resolution. The dispute resolution
606 process shall require the parties to commence meetings to
607 reconcile their differences. If the parties fail to resolve
608 their differences within 30 days after the denial, the parties
609 shall engage in voluntary mediation or similar process. If the
610 parties fail to resolve their differences by mediation within 60
611 days after the denial, or if no action is taken on the
612 department’s request within 90 days after the request, the
613 department must appeal the decision of the local government on
614 the requested modification of local plans, ordinances, or
615 regulations to the Governor and Cabinet. Any dispute resolution
616 process initiated under this section must conform to the time
617 limitations set forth herein. However, upon agreement of all
618 parties, the time limits may be extended, but in no event may
619 the dispute resolution process extend over 180 days.
620 Section 23. Section 186.0201, Florida Statutes, is
621 repealed.
622 Section 24. Section 260.018, Florida Statutes, is repealed.
623 Section 25. This act shall take effect July 1, 2015.