Bill Text: FL S0484 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regional Planning Councils
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations, companion bill(s) passed, see CS/CS/SB 1216 (Ch. 2015-30) [S0484 Detail]
Download: Florida-2015-S0484-Introduced.html
Bill Title: Regional Planning Councils
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations, companion bill(s) passed, see CS/CS/SB 1216 (Ch. 2015-30) [S0484 Detail]
Download: Florida-2015-S0484-Introduced.html
Florida Senate - 2015 SB 484
By Senator Simpson
18-00642A-15 2015484__
1 A bill to be entitled
2 An act relating to regional planning councils;
3 amending s. 163.3175, F.S.; requiring the state land
4 planning agency to identify parties that may enter
5 into mediation relating to the compatibility of
6 developments with military installations; amending s.
7 186.0201, F.S.; requiring electric utilities to notify
8 the county, rather than the regional planning council,
9 of its current plans to site electric substations;
10 repealing ss. 186.501, 186.502, 186.503, 186.504,
11 186.505, 186.506, 186.507, 186.508, 186.509, 186.511,
12 and 186.513, F.S., relating to the Florida Regional
13 Planning Council Act; amending s. 186.515, F.S.;
14 authorizing local governments to enter into agreements
15 to create regional planning entities; conforming
16 provisions to changes made by the act; amending s.
17 215.559, F.S.; requiring the Division of Emergency
18 Management to give priority funding to projects in
19 counties that have shelter deficits rather than
20 regional planning council regions; amending s.
21 252.385, F.S.; revising the requirements for the
22 statewide emergency shelter plan to include the
23 general location and square footage of special needs
24 shelters by county rather than by regional planning
25 council region; requiring state funds to be maximized
26 and targeted to counties with hurricane evacuation
27 shelter deficits rather than regional planning council
28 regions; amending s. 369.307, F.S.; requiring the St.
29 Johns River Water Management District to adopt
30 policies to protect the Wekiva River Protection Area;
31 amending s. 369.324, F.S.; requiring the St. Johns
32 River Water Management District to provide staff
33 support to the Wekiva River Basin Commission;
34 requiring the district to serve as a clearinghouse of
35 baseline or specialized studies; amending s. 380.05,
36 F.S.; authorizing local governments to recommend areas
37 of critical state concern; amending s. 380.06, F.S.;
38 requiring developers filing an application for
39 development approval to arrange a preapplication
40 conference with the state land planning agency;
41 requiring the state land planning agency to provide
42 the developer with information about the development
43 of-regional-impact process; requiring the state land
44 planning agency to develop by rule certain procedures;
45 requiring the state land planning agency to review
46 applications for sufficiency; requiring the state land
47 planning agency to prepare and submit reports on the
48 regional impact of a proposed development; authorizing
49 the state land planning agency to assess and collect
50 fees of conducting the review process; amending s.
51 380.061, F.S.; requiring the state land planning
52 agency to review requests for conversions from a
53 proposed project to a proposed development of regional
54 impact; amending s. 380.065, F.S.; requiring the state
55 land planning agency to review developments of
56 regional impact upon revocation of certification;
57 amending s. 403.7225, F.S.; requiring counties to make
58 arrangements with the Department of Environmental
59 Protection to perform the local hazardous waste
60 management assessment program under certain
61 circumstances; amending s. 403.723, F.S.; requiring
62 the department to designate sites at which regional
63 hazardous waste storage or treatment facilities could
64 be constructed; amending s. 1013.372, F.S.; providing
65 that if a county does not have a hurricane evacuation
66 shelter deficit, educational facilities within the
67 county are not required to incorporate the public
68 shelter criteria; requiring the Division of Emergency
69 Management to identify the general location and square
70 footage of existing shelters by county rather than by
71 regional planning council region; amending s. 1013.74,
72 F.S.; requiring public hurricane evacuation shelters
73 in certain counties rather than regional planning
74 council regions to be constructed in accordance with
75 public shelter standards; counties amending ss.
76 68.082, 120.52, 120.65, 163.3177, 163.3178, 163.3184,
77 163.3245, 163.3246, 163.3248, 163.568, 164.1031,
78 186.006, 186.007, 186.008, 186.803, 187.201, 218.32,
79 253.7828, 258.501, 260.0142, 260.018, 288.0656,
80 288.975, 320.08058, 335.188, 339.155, 339.175,
81 339.285, 339.63, 339.64, 341.041, 343.1004, 343.1006,
82 343.1010, 343.54, 373.309, 373.415, 377.703, 378.411,
83 380.045, 380.055, 380.07, 380.507, 403.0752,
84 403.50663, 403.507, 403.508, 403.5115, 403.518,
85 403.526, 403.527, 403.5272, 403.5363, 403.5365,
86 403.537, 403.704, 403.7226, 403.941, 403.9411,
87 403.9422, 403.973, 408.033, 419.001, 420.609, 427.012,
88 501.171, 985.682, 1013.30, F.S.; conforming provisions
89 to changes made by the act; repealing ss. 163.3164(40)
90 and 186.003(5), F.S., relating to the definition of
91 the term “regional planning agency”; repealing s.
92 343.1003(11)(c), F.S., relating to the Northeast
93 Florida Regional Council; repealing s. 369.303(1),
94 F.S., relating to the definition of the term
95 “council”; repealing s. 380.031(15), F.S., relating to
96 the definition of the term “regional planning agency”;
97 repealing ss. 403.503(26) and 403.522(21), F.S.,
98 relating to the definition of the term “regional
99 planning council”; repealing s. 403.7264(4), F.S.,
100 relating to the role of regional planning councils in
101 amnesty days for purging small quantities of hazardous
102 waste; repealing s. 403.9403(22), F.S., relating to
103 the definition of the term “regional planning
104 council”; providing an effective date.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. Subsection (9) of section 163.3175, Florida
109 Statutes, is amended to read:
110 163.3175 Legislative findings on compatibility of
111 development with military installations; exchange of information
112 between local governments and military installations.—
113 (9) If a local government, as required under s.
114 163.3177(6)(a), does not adopt criteria and address
115 compatibility of lands adjacent to or closely proximate to
116 existing military installations in its future land use plan
117 element by June 30, 2012, the local government, the military
118 installation, the state land planning agency, and other parties
119 as identified by the state land regional planning agency
120 council, including, but not limited to, private landowner
121 representatives, shall enter into mediation conducted pursuant
122 to s. 186.509. If the local government comprehensive plan does
123 not contain criteria addressing compatibility by December 31,
124 2013, the agency may notify the Administration Commission. The
125 Administration Commission may impose sanctions pursuant to s.
126 163.3184(8). Any local government that amended its comprehensive
127 plan to address military installation compatibility requirements
128 after 2004 and was found to be in compliance is deemed to be in
129 compliance with this subsection until the local government
130 conducts its evaluation and appraisal review pursuant to s.
131 163.3191 and determines that amendments are necessary to meet
132 updated general law requirements.
133 Section 2. Section 186.0201, Florida Statutes, is amended
134 to read:
135 186.0201 Electric substation planning.—Electric utility
136 substations respond to development and, consequently, siting
137 locations cannot be precisely planned years in advance.
138 Nevertheless, on or before June 1 of every year after the
139 effective date of this act, the electric utilities with service
140 areas within each county regional planning council shall notify
141 the county regional planning council of the utilities’ current
142 plans over a 5-year period to site electric substations within
143 the local governments contained within each county region,
144 including an identification of whether each electric substation
145 planned within a general area is a distribution or transmission
146 electric substation, a listing of the proposed substations’ site
147 acreage needs and anticipated capacity, and maps showing general
148 locations of the planned electric substations. This information
149 is advisory, shall be included in the regional planning
150 council’s annual report prepared pursuant to s. 186.513, and
151 shall be supplied directly to local governments requesting the
152 information.
153 Section 3. Sections 186.501, 186.502, 186.503, 186.504,
154 186.505, 186.506, 186.507, 186.508, 186.509, 186.511, and
155 186.513, Florida Statutes, are repealed.
156 Section 4. Section 186.515, Florida Statutes, is amended to
157 read:
158 186.515 Creation of regional planning entities councils
159 under chapter 163.—Local governments may enter into agreements
160 to create regional planning entities pursuant to chapter 163.
161 Nothing in ss. 186.501-186.507, 186.513, and 186.515 is intended
162 to repeal or limit the provisions of chapter 163; however, the
163 local general-purpose governments serving as voting members of
164 the governing body of a regional planning council created
165 pursuant to ss. 186.501-186.507, 186.513, and 186.515 are not
166 authorized to create a regional planning council pursuant to
167 chapter 163 unless an agency, other than a regional planning
168 council created pursuant to ss. 186.501-186.507, 186.513, and
169 186.515, is designated to exercise the powers and duties in any
170 one or more of ss. 163.3164 and 380.031(15); in which case, such
171 a regional planning council is also without authority to
172 exercise the powers and duties in s. 163.3164 or s. 380.031(15).
173 Section 5. Paragraph (b) of subsection (1) of section
174 215.559, Florida Statutes, is amended to read:
175 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
176 Mitigation Program is established in the Division of Emergency
177 Management.
178 (1) The Legislature shall annually appropriate $10 million
179 of the moneys authorized for appropriation under s.
180 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
181 division for the purposes set forth in this section. Of the
182 amount:
183 (b) Three million dollars in funds shall be used to
184 retrofit existing facilities used as public hurricane shelters.
185 Each year the division shall prioritize the use of these funds
186 for projects included in the annual report of the Shelter
187 Retrofit Report prepared in accordance with s. 252.385(3). The
188 division must give funding priority to projects in counties
189 regional planning council regions that have shelter deficits and
190 to projects that maximize the use of state funds.
191 Section 6. Paragraph (b) of subsection (2) and subsection
192 (3) of section 252.385, Florida Statutes, are amended to read:
193 252.385 Public shelter space.—
194 (2)
195 (b) By January 31 of each even-numbered year, the division
196 shall prepare and submit a statewide emergency shelter plan to
197 the Governor and Cabinet for approval, subject to the
198 requirements for approval in s. 1013.37(2). The plan shall
199 identify the general location and square footage of special
200 needs shelters, by county regional planning council region,
201 during the next 5 years. The plan shall also include information
202 on the availability of shelters that accept pets. The Department
203 of Health shall assist the division in determining the estimated
204 need for special needs shelter space and the adequacy of
205 facilities to meet the needs of persons with special needs based
206 on information from the registries of persons with special needs
207 and other information.
208 (3) The division shall annually provide to the President of
209 the Senate, the Speaker of the House of Representatives, and the
210 Governor a list of facilities recommended to be retrofitted
211 using state funds. State funds should be maximized and targeted
212 to counties regional planning council regions with hurricane
213 evacuation shelter deficits. Retrofitting facilities in regions
214 with public hurricane evacuation shelter deficits shall be given
215 first priority and should be completed by 2003. All recommended
216 facilities should be retrofitted by 2008. The owner or lessee of
217 a public hurricane evacuation shelter that is included on the
218 list of facilities recommended for retrofitting is not required
219 to perform any recommended improvements.
220 Section 7. Subsection (3) of section 369.307, Florida
221 Statutes, is amended to read:
222 369.307 Developments of regional impact in the Wekiva River
223 Protection Area; land acquisition.—
224 (3) The Wekiva River Protection Area is hereby declared to
225 be a natural resource of state and regional importance. The St.
226 Johns River Water Management District East Central Florida
227 Regional Planning Council shall adopt policies that as part of
228 its strategic regional policy plan and regional issues list
229 which will protect the water quantity, water quality, hydrology,
230 wetlands, aquatic and wetland-dependent wildlife species,
231 habitat of species designated pursuant to rules 39-27.003, 39
232 27.004, and 39-27.005, Florida Administrative Code, and native
233 vegetation in the Wekiva River Protection Area. The water
234 management district council shall also cooperate with the
235 department in the department’s implementation of the provisions
236 of s. 369.305.
237 Section 8. Subsections (1) and (4) of section 369.324,
238 Florida Statutes, are amended to read:
239 369.324 Wekiva River Basin Commission.—
240 (1) The Wekiva River Basin Commission is created to monitor
241 and ensure the implementation of the recommendations of the
242 Wekiva River Basin Coordinating Committee for the Wekiva Study
243 Area. The St. Johns River Water Management District East Central
244 Florida Regional Planning Council shall provide staff support to
245 the commission with funding assistance from the Department of
246 Economic Opportunity. The commission shall be comprised of a
247 total of 18 members appointed by the Governor, 9 of whom shall
248 be voting members and 9 shall be ad hoc nonvoting members. The
249 voting members shall include:
250 (a) One member of each of the Boards of County
251 Commissioners for Lake, Orange, and Seminole Counties.
252 (b) One municipal elected official to serve as a
253 representative of the municipalities located within the Wekiva
254 Study Area of Lake County.
255 (c) One municipal elected official to serve as a
256 representative of the municipalities located within the Wekiva
257 Study Area of Orange County.
258 (d) One municipal elected official to serve as a
259 representative of the municipalities located within the Wekiva
260 Study Area of Seminole County.
261 (e) One citizen representing an environmental or
262 conservation organization, one citizen representing a local
263 property owner, a land developer, or an agricultural entity, and
264 one at-large citizen who shall serve as chair of the council.
265 (f) The ad hoc nonvoting members shall include one
266 representative from each of the following entities:
267 1. St. Johns River Management District.
268 2. Department of Economic Opportunity.
269 3. Department of Environmental Protection.
270 4. Department of Health.
271 5. Department of Agriculture and Consumer Services.
272 6. Fish and Wildlife Conservation Commission.
273 7. Department of Transportation.
274 8. MetroPlan Orlando.
275 9. Central Florida Expressway Authority.
276 (4) To assist the commission in its mission, the St. Johns
277 River Water Management District East Central Florida Regional
278 Planning Council, in coordination with the applicable regional
279 and state agencies, shall serve as a clearinghouse of baseline
280 or specialized studies through modeling and simulation,
281 including collecting and disseminating data on the demographics,
282 economics, and the environment of the Wekiva Study Area
283 including the changing conditions of the Wekiva River surface
284 and groundwater basin and associated influence on the Wekiva
285 River and the Wekiva Springs.
286 Section 9. Subsections (3), (4), (7), (8), and (12) of
287 section 380.05, Florida Statutes, are amended to read:
288 380.05 Areas of critical state concern.—
289 (3) Each local government regional planning agency may
290 recommend to the state land planning agency from time to time
291 areas wholly or partially within its jurisdiction that meet the
292 criteria for areas of critical state concern as defined in this
293 section. Each regional planning agency shall solicit from the
294 local governments within its jurisdiction suggestions as to
295 areas to be recommended. A local government in an area where
296 there is no regional planning agency may recommend to the state
297 land planning agency from time to time areas wholly or partially
298 within its jurisdiction that meet the criteria for areas of
299 critical state concern as defined in this section. If the state
300 land planning agency does not recommend to the commission as an
301 area of critical state concern an area substantially similar to
302 one that has been recommended, it shall respond in writing as to
303 its reasons therefor.
304 (4) Before Prior to submitting any recommendation to the
305 commission under subsection (1), the state land planning agency
306 shall give notice to any committee appointed pursuant to s.
307 380.045 and to all local governments and regional planning
308 agencies that include within their boundaries any part of any
309 area of critical state concern proposed to be designated by the
310 rule, in addition to any notice otherwise required under chapter
311 120.
312 (7) The state land planning agency and any applicable
313 regional planning agency shall, to the greatest extent possible,
314 provide technical assistance to local governments in the
315 preparation of the land development regulations and local
316 comprehensive plan for areas of critical state concern.
317 (8) If any local government fails to submit land
318 development regulations or a local comprehensive plan, or if the
319 regulations or plan or plan amendment submitted do not comply
320 with the principles for guiding development set out in the rule
321 designating the area of critical state concern, within 120 days
322 after the adoption of the rule designating an area of critical
323 state concern, or within 120 days after the issuance of a
324 recommended order on the compliance of the plan or plan
325 amendment pursuant to s. 163.3184, or within 120 days after the
326 effective date of an order rejecting a proposed land development
327 regulation, the state land planning agency shall submit to the
328 commission recommended land development regulations and a local
329 comprehensive plan or portions thereof applicable to that local
330 government’s portion of the area of critical state concern.
331 Within 45 days following receipt of the recommendation from the
332 agency, the commission shall either reject the recommendation as
333 tendered or adopt the recommendation with or without
334 modification, and by rule establish land development regulations
335 and a local comprehensive plan applicable to that local
336 government’s portion of the area of critical state concern.
337 However, such rule is shall not become effective before prior to
338 legislative review of an area of critical state concern pursuant
339 to paragraph (1)(c). In the rule, the commission shall specify
340 the extent to which its land development regulations, plans, or
341 plan amendments will supersede, or will be supplementary to,
342 local land development regulations and plans. Notice of any
343 proposed rule issued under this section shall be given to all
344 local governments and regional planning agencies in the area of
345 critical state concern, in addition to any other notice required
346 under chapter 120. The land development regulations and local
347 comprehensive plan adopted by the commission under this section
348 may include any type of regulation and plan that could have been
349 adopted by the local government. Any land development
350 regulations or local comprehensive plan or plan amendments
351 adopted by the commission under this section shall be
352 administered by the local government as part of, or in the
353 absence of, the local land development regulations and local
354 comprehensive plan.
355 (12) Upon the request of a substantially interested person
356 pursuant to s. 120.54(7), a local government or regional
357 planning agency within the designated area, or the state land
358 planning agency, the commission may by rule remove, contract, or
359 expand any designated boundary. Boundary expansions are subject
360 to legislative review pursuant to paragraph (1)(c). A No
361 boundary may not be modified without a specific finding by the
362 commission that such changes are consistent with necessary
363 resource protection. The total boundaries of an entire area of
364 critical state concern may shall not be removed by the
365 commission unless a minimum time of 1 year has elapsed from the
366 adoption of regulations and a local comprehensive plan pursuant
367 to subsection (1), subsection (6), subsection (8), or subsection
368 (10). Before totally removing such boundaries, the commission
369 shall make findings that the regulations and plans adopted
370 pursuant to subsection (1), subsection (6), subsection (8), or
371 subsection (10) are being effectively implemented by local
372 governments within the area of critical state concern to protect
373 the area and that adopted local government comprehensive plans
374 within the area have been conformed to principles for guiding
375 development for the area.
376 Section 10. Subsection (3), paragraph (b) of subsection
377 (6), subsection (7), paragraphs (a) and (d) of subsection (9),
378 subsections (10) through (12), subsection (14), subsection (18),
379 paragraphs (a), (e), (f), (g), and (h) of subsection (19),
380 paragraph (b) of subsection (21), paragraphs (a), (b), and (d)
381 of subsection (23), paragraph (f) of subsection (24), paragraphs
382 (b), (e), (h), and (j) of subsection (25), and subsection (27)
383 of section 380.06, Florida Statutes, are amended to read:
384 380.06 Developments of regional impact.—
385 (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
386 STANDARDS.—The state land planning agency, a regional planning
387 agency, or a local government may petition the Administration
388 Commission to increase or decrease the numerical thresholds of
389 any statewide guideline and standard. The state land planning
390 agency or the regional planning agency may petition for an
391 increase or decrease for a particular local government’s
392 jurisdiction or a part of a particular jurisdiction. A local
393 government may petition for an increase or decrease within its
394 jurisdiction or a part of its jurisdiction. A number of requests
395 may be combined in a single petition.
396 (a) When a petition is filed, the state land planning
397 agency shall have no more than 180 days to prepare and submit to
398 the Administration Commission a report and recommendations on
399 the proposed variation. The report shall evaluate, and the
400 Administration Commission shall consider, the following
401 criteria:
402 1. Whether the local government has adopted and effectively
403 implemented a comprehensive plan that reflects and implements
404 the goals and objectives of an adopted state comprehensive plan.
405 2. Any applicable policies in an adopted strategic regional
406 policy plan.
407 2.3. Whether the local government has adopted and
408 effectively implemented both a comprehensive set of land
409 development regulations, which regulations shall include a
410 planned unit development ordinance, and a capital improvements
411 plan that are consistent with the local government comprehensive
412 plan.
413 3.4. Whether the local government has adopted and
414 effectively implemented the authority and the fiscal mechanisms
415 for requiring developers to meet development order conditions.
416 4.5. Whether the local government has adopted and
417 effectively implemented and enforced satisfactory development
418 review procedures.
419 (b) The affected regional planning agency, adjoining local
420 governments, and The local government shall be given a
421 reasonable opportunity to submit recommendations to the
422 Administration Commission regarding any such proposed
423 variations.
424 (c) The Administration Commission shall have authority to
425 increase or decrease a threshold in the statewide guidelines and
426 standards up to 50 percent above or below the statewide
427 presumptive threshold. The commission may from time to time
428 reconsider changed thresholds and make additional variations as
429 it deems necessary.
430 (d) The Administration Commission shall adopt rules setting
431 forth the procedures for submission and review of petitions
432 filed pursuant to this subsection.
433 (e) Variations to guidelines and standards adopted by the
434 Administration Commission under this subsection shall be
435 transmitted on or before March 1 to the President of the Senate
436 and the Speaker of the House of Representatives for presentation
437 at the next regular session of the Legislature. Unless approved
438 as submitted by general law, the revisions shall not become
439 effective.
440 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
441 PLAN AMENDMENTS.—
442 (b) Any local government comprehensive plan amendments
443 related to a proposed development of regional impact, including
444 any changes proposed under subsection (19), may be initiated by
445 a local planning agency or the developer and must be considered
446 by the local governing body at the same time as the application
447 for development approval using the procedures provided for local
448 plan amendment in s. 163.3184 and applicable local ordinances,
449 without regard to local limits on the frequency of consideration
450 of amendments to the local comprehensive plan. This paragraph
451 does not require favorable consideration of a plan amendment
452 solely because it is related to a development of regional
453 impact. The procedure for processing such comprehensive plan
454 amendments is as follows:
455 1. If a developer seeks a comprehensive plan amendment
456 related to a development of regional impact, the developer must
457 so notify in writing the regional planning agency, the
458 applicable local government, and the state land planning agency
459 no later than the date of preapplication conference or the
460 submission of the proposed change under subsection (19).
461 2. When filing the application for development approval or
462 the proposed change, the developer must include a written
463 request for comprehensive plan amendments that would be
464 necessitated by the development-of-regional-impact approvals
465 sought. That request must include data and analysis upon which
466 the applicable local government can determine whether to
467 transmit the comprehensive plan amendment pursuant to s.
468 163.3184.
469 3. The local government must advertise a public hearing on
470 the transmittal within 30 days after filing the application for
471 development approval or the proposed change and must make a
472 determination on the transmittal within 60 days after the
473 initial filing unless that time is extended by the developer.
474 4. If the local government approves the transmittal,
475 procedures set forth in s. 163.3184 must be followed.
476 5. Notwithstanding subsection (11) or subsection (19), the
477 local government may not hold a public hearing on the
478 application for development approval or the proposed change or
479 on the comprehensive plan amendments sooner than 30 days after
480 reviewing agency comments are due to the local government
481 pursuant to s. 163.3184.
482 6. The local government must hear both the application for
483 development approval or the proposed change and the
484 comprehensive plan amendments at the same hearing. However, the
485 local government must take action separately on the application
486 for development approval or the proposed change and on the
487 comprehensive plan amendments.
488 7. Thereafter, the appeal process for the local government
489 development order must follow the provisions of s. 380.07, and
490 the compliance process for the comprehensive plan amendments
491 must follow the provisions of s. 163.3184.
492 (7) PREAPPLICATION PROCEDURES.—
493 (a) Before filing an application for development approval,
494 the developer shall contact the state land regional planning
495 agency having jurisdiction over the proposed development to
496 arrange a preapplication conference. Upon the request of the
497 developer or the regional planning agency, other affected state
498 and regional agencies shall participate in this conference and
499 shall identify the types of permits issued by the agencies, the
500 level of information required, and the permit issuance
501 procedures as applied to the proposed development. The levels of
502 service required in the transportation methodology shall be the
503 same levels of service used to evaluate concurrency in
504 accordance with s. 163.3180. The state land regional planning
505 agency shall provide the developer information about the
506 development-of-regional-impact process and the use of
507 preapplication conferences to identify issues, coordinate
508 appropriate state and local agency requirements, and otherwise
509 promote a proper and efficient review of the proposed
510 development. If an agreement is reached regarding assumptions
511 and methodology to be used in the application for development
512 approval, the reviewing agencies may not subsequently object to
513 those assumptions and methodologies unless subsequent changes to
514 the project or information obtained during the review make those
515 assumptions and methodologies inappropriate. The reviewing
516 agencies may make only recommendations or comments regarding a
517 proposed development which are consistent with the statutes,
518 rules, or adopted local government ordinances that are
519 applicable to developments in the jurisdiction where the
520 proposed development is located.
521 (b) The state land regional planning agency shall establish
522 by rule a procedure by which a developer may enter into binding
523 written agreements with the state land regional planning agency
524 to eliminate questions from the application for development
525 approval when those questions are found to be unnecessary for
526 development-of-regional-impact review. It is the legislative
527 intent of this subsection to encourage reduction of paperwork,
528 to discourage unnecessary gathering of data, and to encourage
529 the coordination of the development-of-regional-impact review
530 process with federal, state, and local environmental reviews
531 when such reviews are required by law.
532 (c) If the application for development approval is not
533 submitted within 1 year after the date of the preapplication
534 conference, the regional planning agency, the local government
535 having jurisdiction, or the applicant may request that another
536 preapplication conference be held.
537 (9) CONCEPTUAL AGENCY REVIEW.—
538 (a)1. In order to facilitate the planning and preparation
539 of permit applications for projects that undergo development-of
540 regional-impact review, and in order to coordinate the
541 information required to issue such permits, a developer may
542 elect to request conceptual agency review under this subsection
543 either concurrently with development-of-regional-impact review
544 and comprehensive plan amendments, if applicable, or subsequent
545 to a preapplication conference held pursuant to subsection (7).
546 2. “Conceptual agency review” means general review of the
547 proposed location, densities, intensity of use, character, and
548 major design features of a proposed development required to
549 undergo review under this section for the purpose of considering
550 whether these aspects of the proposed development comply with
551 the issuing agency’s statutes and rules.
552 3. Conceptual agency review is a licensing action subject
553 to chapter 120, and approval or denial constitutes final agency
554 action, except that the 90-day time period specified in s.
555 120.60(1) shall be tolled for the agency when the state land
556 affected regional planning agency requests information from the
557 developer pursuant to paragraph (10)(b). If proposed agency
558 action on the conceptual approval is the subject of a proceeding
559 under ss. 120.569 and 120.57, final agency action shall be
560 conclusive as to any issues actually raised and adjudicated in
561 the proceeding, and such issues may not be raised in any
562 subsequent proceeding under ss. 120.569 and 120.57 on the
563 proposed development by any parties to the prior proceeding.
564 4. A conceptual agency review approval shall be valid for
565 up to 10 years, unless otherwise provided in a state or regional
566 agency rule, and may be reviewed and reissued for additional
567 periods of time under procedures established by the agency.
568 (d) At the conclusion of the conceptual agency review, the
569 agency shall give notice of its proposed agency action as
570 required by s. 120.60(3) and shall forward a copy of the notice
571 to the appropriate regional planning council with a report
572 setting out the agency’s conclusions on potential development
573 impacts and stating whether the agency intends to grant
574 conceptual approval, with or without conditions, or to deny
575 conceptual approval. If the agency intends to deny conceptual
576 approval, the report shall state the reasons therefor. The
577 agency may require the developer to publish notice of proposed
578 agency action in accordance with s. 403.815.
579 (10) APPLICATION; SUFFICIENCY.—
580 (a) When an application for development approval is filed
581 with a local government, the developer shall also send copies of
582 the application to the appropriate regional planning agency and
583 the state land planning agency.
584 (b) If the state land a regional planning agency determines
585 that the application for development approval is insufficient
586 for the agency to discharge its responsibilities under
587 subsection (12), it shall provide in writing to the appropriate
588 local government and the applicant a statement of any additional
589 information desired within 30 days of the receipt of the
590 application by the state land regional planning agency. The
591 applicant may supply the information requested by the state land
592 regional planning agency and shall communicate its intention to
593 do so in writing to the appropriate local government and the
594 state land regional planning agency within 5 working days of the
595 receipt of the statement requesting such information, or the
596 applicant shall notify the appropriate local government and the
597 regional planning agency in writing that the requested
598 information will not be supplied. Within 30 days after receipt
599 of such additional information, the state land regional planning
600 agency shall review it and may request only that information
601 needed to clarify the additional information or to answer new
602 questions raised by, or directly related to, the additional
603 information. The regional planning agency may request additional
604 information no more than twice, unless the developer waives this
605 limitation. If an applicant does not provide the information
606 requested by the state land a regional planning agency within
607 120 days of its request, or within a time agreed upon by the
608 applicant and the state land regional planning agency, the
609 application shall be considered withdrawn.
610 (c) The state land regional planning agency shall notify
611 the local government that a public hearing date may be set when
612 the state land regional planning agency determines that the
613 application is sufficient or when it receives notification from
614 the developer that the additional requested information will not
615 be supplied, as provided for in paragraph (b).
616 (11) LOCAL NOTICE.—Upon receipt of the sufficiency
617 notification from the state land regional planning agency
618 required by paragraph (10)(c), the appropriate local government
619 shall give notice and hold a public hearing on the application
620 in the same manner as for a rezoning as provided under the
621 appropriate special or local law or ordinance, except that such
622 hearing proceedings shall be recorded by tape or a certified
623 court reporter and made available for transcription at the
624 expense of any interested party. When a development of regional
625 impact is proposed within the jurisdiction of more than one
626 local government, the local governments, at the request of the
627 developer, may hold a joint public hearing. The local government
628 shall comply with the following additional requirements:
629 (a) The notice of public hearing shall state that the
630 proposed development is undergoing a development-of-regional
631 impact review.
632 (b) The notice shall be published at least 60 days in
633 advance of the hearing and shall specify where the information
634 and reports on the development-of-regional-impact application
635 may be reviewed.
636 (c) The notice shall be given to the state land planning
637 agency, to the applicable regional planning agency, to any state
638 or regional permitting agency participating in a conceptual
639 agency review process under subsection (9), and to such other
640 persons as may have been designated by the state land planning
641 agency as entitled to receive such notices.
642 (d) A public hearing date shall be set by the appropriate
643 local government at the next scheduled meeting. The public
644 hearing shall be held no later than 90 days after issuance of
645 notice by the state land regional planning agency that a public
646 hearing may be set, unless an extension is requested by the
647 applicant.
648 (12) REGIONAL REPORTS.—
649 (a) Within 50 days after receipt of the notice of public
650 hearing required in paragraph (11)(c), the state land regional
651 planning agency, if one has been designated for the area
652 including the local government, shall prepare and submit to the
653 local government a report and recommendations on the regional
654 impact of the proposed development. In preparing its report and
655 recommendations, the state land regional planning agency shall
656 identify regional issues based upon the following review
657 criteria and make recommendations to the local government on
658 these regional issues, specifically considering whether, and the
659 extent to which:
660 1. The development will have a favorable or unfavorable
661 impact on state or regional resources or facilities identified
662 in the applicable state plan or regional plans. As used in this
663 subsection, the term “applicable state plan” means the state
664 comprehensive plan. As used in this subsection, the term
665 “applicable regional plan” means an adopted strategic regional
666 policy plan.
667 2. The development will significantly impact adjacent
668 jurisdictions. At the request of the appropriate local
669 government, the state land planning agency regional planning
670 agencies may also review and comment upon issues that affect
671 only the requesting local government.
672 3. As one of the issues considered in the review in
673 subparagraphs 1. and 2., the development will favorably or
674 adversely affect the ability of people to find adequate housing
675 reasonably accessible to their places of employment if the state
676 land regional planning agency has adopted an affordable housing
677 policy as part of its applicable state strategic regional policy
678 plan. The determination should take into account information on
679 factors that are relevant to the availability of reasonably
680 accessible adequate housing. Adequate housing means housing that
681 is available for occupancy and that is not substandard.
682 (b) The state land regional planning agency report must
683 contain recommendations that are consistent with the standards
684 required by the applicable state permitting agencies or the
685 water management district.
686 (c) At the request of the state land regional planning
687 agency, other appropriate agencies shall review the proposed
688 development and shall prepare reports and recommendations on
689 issues that are clearly within the jurisdiction of those
690 agencies. Such agency reports shall become part of the regional
691 planning agency report; however, the state land regional
692 planning agency may attach dissenting views. When water
693 management district and Department of Environmental Protection
694 permits have been issued pursuant to chapter 373 or chapter 403,
695 the state land regional planning agency council may comment on
696 the regional implications of the permits but may not offer
697 conflicting recommendations.
698 (d) The state land regional planning agency shall afford
699 the developer or any substantially affected party reasonable
700 opportunity to present evidence to the state land regional
701 planning agency head or designee relating to the proposed
702 regional agency report and recommendations.
703 (e) If the location of a proposed development involves land
704 within the boundaries of multiple regional planning councils,
705 the state land planning agency shall designate a lead regional
706 planning council. The lead regional planning council shall
707 prepare the regional report.
708 (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
709 the development is not located in an area of critical state
710 concern, in considering whether the development shall be
711 approved, denied, or approved subject to conditions,
712 restrictions, or limitations, the local government shall
713 consider whether, and the extent to which:
714 (a) The development is consistent with the local
715 comprehensive plan and local land development regulations;
716 (b) The development is consistent with the report and
717 recommendations of the state land regional planning agency
718 submitted pursuant to subsection (12); and
719 (c) The development is consistent with the State
720 Comprehensive Plan. In consistency determinations the plan shall
721 be construed and applied in accordance with s. 187.101(3).
722 (18) BIENNIAL REPORTS.—The developer shall submit a
723 biennial report on the development of regional impact to the
724 local government, the regional planning agency, the state land
725 planning agency, and all affected permit agencies in alternate
726 years on the date specified in the development order, unless the
727 development order by its terms requires more frequent
728 monitoring. If the report is not received, the regional planning
729 agency or the state land planning agency shall notify the local
730 government. If the local government does not receive the report
731 or receives notification that the regional planning agency or
732 the state land planning agency has not received the report, the
733 local government shall request in writing that the developer
734 submit the report within 30 days. The failure to submit the
735 report after 30 days shall result in the temporary suspension of
736 the development order by the local government. If no additional
737 development pursuant to the development order has occurred since
738 the submission of the previous report, then a letter from the
739 developer stating that no development has occurred shall satisfy
740 the requirement for a report. Development orders that require
741 annual reports may be amended to require biennial reports at the
742 option of the local government.
743 (19) SUBSTANTIAL DEVIATIONS.—
744 (a) Any proposed change to a previously approved
745 development which creates a reasonable likelihood of additional
746 regional impact, or any type of regional impact created by the
747 change not previously reviewed by the state land regional
748 planning agency, shall constitute a substantial deviation and
749 shall cause the proposed change to be subject to further
750 development-of-regional-impact review. There are a variety of
751 reasons why a developer may wish to propose changes to an
752 approved development of regional impact, including changed
753 market conditions. The procedures set forth in this subsection
754 are for that purpose.
755 (e)1. Except for a development order rendered pursuant to
756 subsection (22) or subsection (25), a proposed change to a
757 development order which individually or cumulatively with any
758 previous change is less than any numerical criterion contained
759 in subparagraphs (b)1.-10. and does not exceed any other
760 criterion, or which involves an extension of the buildout date
761 of a development, or any phase thereof, of less than 5 years is
762 not subject to the public hearing requirements of subparagraph
763 (f)3., and is not subject to a determination pursuant to
764 subparagraph (f)5. Notice of the proposed change shall be made
765 to the regional planning council and the state land planning
766 agency. Such notice must include a description of previous
767 individual changes made to the development, including changes
768 previously approved by the local government, and must include
769 appropriate amendments to the development order.
770 2. The following changes, individually or cumulatively with
771 any previous changes, are not substantial deviations:
772 a. Changes in the name of the project, developer, owner, or
773 monitoring official.
774 b. Changes to a setback which do not affect noise buffers,
775 environmental protection or mitigation areas, or archaeological
776 or historical resources.
777 c. Changes to minimum lot sizes.
778 d. Changes in the configuration of internal roads which do
779 not affect external access points.
780 e. Changes to the building design or orientation which stay
781 approximately within the approved area designated for such
782 building and parking lot, and which do not affect historical
783 buildings designated as significant by the Division of
784 Historical Resources of the Department of State.
785 f. Changes to increase the acreage in the development, if
786 no development is proposed on the acreage to be added.
787 g. Changes to eliminate an approved land use, if there are
788 no additional regional impacts.
789 h. Changes required to conform to permits approved by any
790 federal, state, or regional permitting agency, if these changes
791 do not create additional regional impacts.
792 i. Any renovation or redevelopment of development within a
793 previously approved development of regional impact which does
794 not change land use or increase density or intensity of use.
795 j. Changes that modify boundaries and configuration of
796 areas described in subparagraph (b)11. due to science-based
797 refinement of such areas by survey, by habitat evaluation, by
798 other recognized assessment methodology, or by an environmental
799 assessment. In order for changes to qualify under this sub
800 subparagraph, the survey, habitat evaluation, or assessment must
801 occur before the time that a conservation easement protecting
802 such lands is recorded and must not result in any net decrease
803 in the total acreage of the lands specifically set aside for
804 permanent preservation in the final development order.
805 k. Changes that do not increase the number of external peak
806 hour trips and do not reduce open space and conserved areas
807 within the project except as otherwise permitted by sub
808 subparagraph j.
809 l. Any other change that the state land planning agency, in
810 consultation with the regional planning council, agrees in
811 writing is similar in nature, impact, or character to the
812 changes enumerated in sub-subparagraphs a.-k. and that does not
813 create the likelihood of any additional regional impact.
814
815 This subsection does not require the filing of a notice of
816 proposed change but requires an application to the local
817 government to amend the development order in accordance with the
818 local government’s procedures for amendment of a development
819 order. In accordance with the local government’s procedures,
820 including requirements for notice to the applicant and the
821 public, the local government shall either deny the application
822 for amendment or adopt an amendment to the development order
823 which approves the application with or without conditions.
824 Following adoption, the local government shall render to the
825 state land planning agency the amendment to the development
826 order. The state land planning agency may appeal, pursuant to s.
827 380.07(3), the amendment to the development order if the
828 amendment involves sub-subparagraph g., sub-subparagraph h.,
829 sub-subparagraph j., sub-subparagraph k., or sub-subparagraph l.
830 and if the agency believes that the change creates a reasonable
831 likelihood of new or additional regional impacts.
832 3. Except for the change authorized by sub-subparagraph
833 2.f., any addition of land not previously reviewed or any change
834 not specified in paragraph (b) or paragraph (c) shall be
835 presumed to create a substantial deviation. This presumption may
836 be rebutted by clear and convincing evidence.
837 4. Any submittal of a proposed change to a previously
838 approved development must include a description of individual
839 changes previously made to the development, including changes
840 previously approved by the local government. The local
841 government shall consider the previous and current proposed
842 changes in deciding whether such changes cumulatively constitute
843 a substantial deviation requiring further development-of
844 regional-impact review.
845 5. The following changes to an approved development of
846 regional impact shall be presumed to create a substantial
847 deviation. Such presumption may be rebutted by clear and
848 convincing evidence.
849 a. A change proposed for 15 percent or more of the acreage
850 to a land use not previously approved in the development order.
851 Changes of less than 15 percent are shall be presumed not to
852 create a substantial deviation.
853 b. Notwithstanding any provision of paragraph (b) to the
854 contrary, a proposed change consisting of simultaneous increases
855 and decreases of at least two of the uses within an authorized
856 multiuse development of regional impact which was originally
857 approved with three or more uses specified in s. 380.0651(3)(c)
858 and (d) and residential use.
859 6. If a local government agrees to a proposed change, a
860 change in the transportation proportionate share calculation and
861 mitigation plan in an adopted development order as a result of
862 recalculation of the proportionate share contribution meeting
863 the requirements of s. 163.3180(5)(h) in effect as of the date
864 of such change are shall be presumed not to create a substantial
865 deviation. For purposes of this subsection, the proposed change
866 in the proportionate share calculation or mitigation plan may
867 not be considered an additional regional transportation impact.
868 (f)1. The state land planning agency shall establish by
869 rule standard forms for submittal of proposed changes to a
870 previously approved development of regional impact which may
871 require further development-of-regional-impact review. At a
872 minimum, the standard form shall require the developer to
873 provide the precise language that the developer proposes to
874 delete or add as an amendment to the development order.
875 2. The developer shall submit, simultaneously, to the local
876 government, the regional planning agency, and the state land
877 planning agency the request for approval of a proposed change.
878 3. No sooner than 30 days but no later than 45 days after
879 submittal by the developer to the local government, the state
880 land planning agency, and the appropriate regional planning
881 agency, the local government shall give 15 days’ notice and
882 schedule a public hearing to consider the change that the
883 developer asserts does not create a substantial deviation. This
884 public hearing shall be held within 60 days after submittal of
885 the proposed changes, unless that time is extended by the
886 developer.
887 4. The appropriate regional planning agency or the state
888 land planning agency shall review the proposed change and, no
889 later than 45 days after submittal by the developer of the
890 proposed change, unless that time is extended by the developer,
891 and prior to the public hearing at which the proposed change is
892 to be considered, shall advise the local government in writing
893 whether it objects to the proposed change, shall specify the
894 reasons for its objection, if any, and shall provide a copy to
895 the developer.
896 5. At the public hearing, the local government shall
897 determine whether the proposed change requires further
898 development-of-regional-impact review. The provisions of
899 paragraphs (a) and (e), the thresholds set forth in paragraph
900 (b), and the presumptions set forth in paragraphs (c) and (d)
901 and subparagraph (e)3. shall be applicable in determining
902 whether further development-of-regional-impact review is
903 required. The local government may also deny the proposed change
904 based on matters relating to local issues, such as if the land
905 on which the change is sought is plat restricted in a way that
906 would be incompatible with the proposed change, and the local
907 government does not wish to change the plat restriction as part
908 of the proposed change.
909 6. If the local government determines that the proposed
910 change does not require further development-of-regional-impact
911 review and is otherwise approved, or if the proposed change is
912 not subject to a hearing and determination pursuant to
913 subparagraphs 3. and 5. and is otherwise approved, the local
914 government shall issue an amendment to the development order
915 incorporating the approved change and conditions of approval
916 relating to the change. The requirement that a change be
917 otherwise approved shall not be construed to require additional
918 local review or approval if the change is allowed by applicable
919 local ordinances without further local review or approval. The
920 decision of the local government to approve, with or without
921 conditions, or to deny the proposed change that the developer
922 asserts does not require further review shall be subject to the
923 appeal provisions of s. 380.07. However, the state land planning
924 agency may not appeal the local government decision if it did
925 not comply with subparagraph 4. The state land planning agency
926 may not appeal a change to a development order made pursuant to
927 subparagraph (e)1. or subparagraph (e)2. for developments of
928 regional impact approved after January 1, 1980, unless the
929 change would result in a significant impact to a regionally
930 significant archaeological, historical, or natural resource not
931 previously identified in the original development-of-regional
932 impact review.
933 (g) If a proposed change requires further development-of
934 regional-impact review pursuant to this section, the review
935 shall be conducted subject to the following additional
936 conditions:
937 1. The development-of-regional-impact review conducted by
938 the appropriate regional planning agency shall address only
939 those issues raised by the proposed change except as provided in
940 subparagraph 2.
941 2. The state land regional planning agency shall consider,
942 and the local government shall determine whether to approve,
943 approve with conditions, or deny the proposed change as it
944 relates to the entire development. If the local government
945 determines that the proposed change, as it relates to the entire
946 development, is unacceptable, the local government shall deny
947 the change.
948 3. If the local government determines that the proposed
949 change should be approved, any new conditions in the amendment
950 to the development order issued by the local government shall
951 address only those issues raised by the proposed change and
952 require mitigation only for the individual and cumulative
953 impacts of the proposed change.
954 4. Development within the previously approved development
955 of regional impact may continue, as approved, during the
956 development-of-regional-impact review in those portions of the
957 development which are not directly affected by the proposed
958 change.
959 (h) When further development-of-regional-impact review is
960 required because a substantial deviation has been determined or
961 admitted by the developer, the amendment to the development
962 order issued by the local government shall be consistent with
963 the requirements of subsection (15) and shall be subject to the
964 hearing and appeal provisions of s. 380.07. The state land
965 planning agency or the appropriate regional planning agency need
966 not participate at the local hearing in order to appeal a local
967 government development order issued pursuant to this paragraph.
968 (21) COMPREHENSIVE APPLICATION; MASTER PLAN DEVELOPMENT
969 ORDER.—
970 (b) If a proposed development is planned for development
971 over an extended period of time, the developer may file an
972 application for master development approval of the project and
973 agree to present subsequent increments of the development for
974 preconstruction review. This agreement shall be entered into by
975 the developer, the state land regional planning agency, and the
976 appropriate local government having jurisdiction. The provisions
977 of subsection (9) do not apply to this subsection, except that a
978 developer may elect to utilize the review process established in
979 subsection (9) for review of the increments of a master plan.
980 1. Prior to adoption of the master plan development order,
981 the developer, the landowner, the state land appropriate
982 regional planning agency, and the local government having
983 jurisdiction shall review the draft of the development order to
984 ensure that anticipated regional impacts have been adequately
985 addressed and that information requirements for subsequent
986 incremental application review are clearly defined. The
987 development order for a master application shall specify the
988 information which must be submitted with an incremental
989 application and shall identify those issues which can result in
990 the denial of an incremental application.
991 2. The review of subsequent incremental applications shall
992 be limited to that information specifically required and those
993 issues specifically raised by the master development order,
994 unless substantial changes in the conditions underlying the
995 approval of the master plan development order are demonstrated
996 or the master development order is shown to have been based on
997 substantially inaccurate information.
998 (23) ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
999 (a) The state land planning agency shall adopt rules to
1000 ensure uniform review of developments of regional impact by the
1001 state land planning agency and regional planning agencies under
1002 this section. These rules shall be adopted pursuant to chapter
1003 120 and shall include all forms, application content, and review
1004 guidelines necessary to implement development-of-regional-impact
1005 reviews. The state land planning agency, in consultation with
1006 the regional planning agencies, may also designate types of
1007 development or areas suitable for development in which reduced
1008 information requirements for development-of-regional-impact
1009 review shall apply.
1010 (b) Regional planning agencies shall be subject to rules
1011 adopted by the state land planning agency. At the request of a
1012 regional planning council, The state land planning agency may
1013 adopt by rule different standards for a specific comprehensive
1014 planning district upon a finding that the statewide standard is
1015 inadequate to protect or promote the regional interest at issue.
1016 If such a regional standard is adopted by the state land
1017 planning agency, the regional standard shall be applied to all
1018 pertinent development-of-regional-impact reviews conducted in
1019 that region until rescinded.
1020 (d) The state land planning agency Regional planning
1021 agencies that performs perform development-of-regional-impact
1022 and Florida Quality Development review is are authorized to
1023 assess and collect fees to fund the costs, direct and indirect,
1024 of conducting the review process. The state land planning agency
1025 shall adopt rules to provide uniform criteria for the assessment
1026 and collection of such fees. The rules providing uniform
1027 criteria are shall not be subject to rule challenge under s.
1028 120.56(2) or to drawout proceedings under s. 120.54(3)(c)2.,
1029 but, once adopted, are shall be subject to an invalidity
1030 challenge under s. 120.56(3) by substantially affected persons.
1031 Until the state land planning agency adopts a rule implementing
1032 this paragraph, rules of the regional planning councils
1033 currently in effect regarding fees shall remain in effect. Fees
1034 may vary in relation to the type and size of a proposed project,
1035 but may shall not exceed $75,000, unless the state land planning
1036 agency, after reviewing any disputed expenses charged by the
1037 regional planning agency, determines that said expenses were
1038 reasonable and necessary for an adequate regional review of the
1039 impacts of a project.
1040 (24) STATUTORY EXEMPTIONS.—
1041 (f) Any increase in the seating capacity of an existing
1042 sports facility having a permanent seating capacity of at least
1043 50,000 spectators is exempt from this section, provided that
1044 such an increase does not increase permanent seating capacity by
1045 more than 5 percent per year and not to exceed a total of 10
1046 percent in any 5-year period, and provided that the sports
1047 facility notifies the appropriate local government within which
1048 the facility is located of the increase at least 6 months before
1049 the initial use of the increased seating, in order to permit the
1050 appropriate local government to develop a traffic management
1051 plan for the traffic generated by the increase. Any traffic
1052 management plan shall be consistent with the local comprehensive
1053 plan, the regional policy plan, and the state comprehensive
1054 plan.
1055
1056 If a use is exempt from review as a development of regional
1057 impact under paragraphs (a)-(u), but will be part of a larger
1058 project that is subject to review as a development of regional
1059 impact, the impact of the exempt use must be included in the
1060 review of the larger project, unless such exempt use involves a
1061 development of regional impact that includes a landowner,
1062 tenant, or user that has entered into a funding agreement with
1063 the Department of Economic Opportunity under the Innovation
1064 Incentive Program and the agreement contemplates a state award
1065 of at least $50 million.
1066 (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
1067 (b) A developer may petition for authorization to submit a
1068 proposed areawide development of regional impact for a defined
1069 planning area in accordance with the following requirements:
1070 1. A petition shall be submitted to the local government,
1071 the regional planning agency, and the state land planning
1072 agency.
1073 2. A public hearing or joint public hearing shall be held
1074 if required by paragraph (e), with appropriate notice, before
1075 the affected local government.
1076 3. The state land planning agency shall apply the following
1077 criteria for evaluating a petition:
1078 a. Whether the developer is financially capable of
1079 processing the application for development approval through
1080 final approval pursuant to this section.
1081 b. Whether the defined planning area and anticipated
1082 development therein appear to be of a character, magnitude, and
1083 location that a proposed areawide development plan would be in
1084 the public interest. Any public interest determination under
1085 this criterion is preliminary and not binding on the state land
1086 planning agency, regional planning agency, or local government.
1087 4. The state land planning agency shall develop and make
1088 available standard forms for petitions and applications for
1089 development approval for use under this subsection.
1090 (e) The local government shall schedule a public hearing
1091 within 60 days after receipt of the petition. The public hearing
1092 shall be advertised at least 30 days prior to the hearing. In
1093 addition to the public hearing notice by the local government,
1094 the petitioner, except when the petitioner is a local
1095 government, shall provide actual notice to each person owning
1096 land within the proposed areawide development plan at least 30
1097 days prior to the hearing. If the petitioner is a local
1098 government, or local governments pursuant to an interlocal
1099 agreement, notice of the public hearing shall be provided by the
1100 publication of an advertisement in a newspaper of general
1101 circulation that meets the requirements of this paragraph. The
1102 advertisement must be no less than one-quarter page in a
1103 standard size or tabloid size newspaper, and the headline in the
1104 advertisement must be in type no smaller than 18 point. The
1105 advertisement shall not be published in that portion of the
1106 newspaper where legal notices and classified advertisements
1107 appear. The advertisement must be published in a newspaper of
1108 general paid circulation in the county and of general interest
1109 and readership in the community, not one of limited subject
1110 matter, pursuant to chapter 50. Whenever possible, the
1111 advertisement must appear in a newspaper that is published at
1112 least 5 days a week, unless the only newspaper in the community
1113 is published less than 5 days a week. The advertisement must be
1114 in substantially the form used to advertise amendments to
1115 comprehensive plans pursuant to s. 163.3184. The local
1116 government shall specifically notify in writing the regional
1117 planning agency and the state land planning agency at least 30
1118 days prior to the public hearing. At the public hearing, all
1119 interested parties may testify and submit evidence regarding the
1120 petitioner’s qualifications, the need for and benefits of an
1121 areawide development of regional impact, and such other issues
1122 relevant to a full consideration of the petition. If more than
1123 one local government has jurisdiction over the defined planning
1124 area in an areawide development plan, the local governments
1125 shall hold a joint public hearing. Such hearing shall address,
1126 at a minimum, the need to resolve conflicting ordinances or
1127 comprehensive plans, if any. The local government holding the
1128 joint hearing shall comply with the following additional
1129 requirements:
1130 1. The notice of the hearing shall be published at least 60
1131 days in advance of the hearing and shall specify where the
1132 petition may be reviewed.
1133 2. The notice shall be given to the state land planning
1134 agency, to the applicable regional planning agency, and to such
1135 other persons as may have been designated by the state land
1136 planning agency as entitled to receive such notices.
1137 3. A public hearing date shall be set by the appropriate
1138 local government at the next scheduled meeting.
1139 (h) The petitioner, an owner of property within the defined
1140 planning area, the appropriate regional planning agency by vote
1141 at a regularly scheduled meeting, or the state land planning
1142 agency may appeal the decision of the local government to the
1143 Florida Land and Water Adjudicatory Commission by filing a
1144 notice of appeal with the commission. The procedures established
1145 in s. 380.07 shall be followed for such an appeal.
1146 (j) In reviewing an application for a proposed areawide
1147 development of regional impact, the state land regional planning
1148 agency shall evaluate, and the local government shall consider,
1149 the following criteria, in addition to any other criteria set
1150 forth in this section:
1151 1. Whether the developer has demonstrated its legal,
1152 financial, and administrative ability to perform any commitments
1153 it has made in the application for a proposed areawide
1154 development of regional impact.
1155 2. Whether the developer has demonstrated that all property
1156 owners within the defined planning area consent or do not object
1157 to the proposed areawide development of regional impact.
1158 3. Whether the area and the anticipated development are
1159 consistent with the applicable local, regional, and state
1160 comprehensive plans, except as provided for in paragraph (k).
1161 (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
1162 DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
1163 or her rights, responsibilities, and obligations under a
1164 development order and the development order does not clearly
1165 define his or her rights, responsibilities, and obligations, the
1166 developer or owner may request participation in resolving the
1167 dispute through a the dispute resolution process outlined in s.
1168 186.509. The Department of Economic Opportunity shall be
1169 notified by certified mail of any meeting held under the process
1170 provided for by this subsection at least 5 days before the
1171 meeting.
1172 Section 11. Paragraph (a) of subsection (3) and subsection
1173 (5) of section 380.061, Florida Statutes, are amended to read:
1174 380.061 The Florida Quality Developments program.—
1175 (3)(a) To be eligible for designation under this program,
1176 the developer shall comply with each of the following
1177 requirements if applicable to the site of a qualified
1178 development:
1179 1. Donate or enter into a binding commitment to donate the
1180 fee or a lesser interest sufficient to protect, in perpetuity,
1181 the natural attributes of the types of land listed below. In
1182 lieu of this requirement, the developer may enter into a binding
1183 commitment that runs with the land to set aside such areas on
1184 the property, in perpetuity, as open space to be retained in a
1185 natural condition or as otherwise permitted under this
1186 subparagraph. Under the requirements of this subparagraph, the
1187 developer may reserve the right to use such areas for passive
1188 recreation that is consistent with the purposes for which the
1189 land was preserved.
1190 a. Those wetlands and water bodies throughout the state
1191 which would be delineated if the provisions of s. 373.4145(1)(b)
1192 were applied. The developer may use such areas for the purpose
1193 of site access, provided other routes of access are unavailable
1194 or impracticable; may use such areas for the purpose of
1195 stormwater or domestic sewage management and other necessary
1196 utilities if such uses are permitted pursuant to chapter 403; or
1197 may redesign or alter wetlands and water bodies within the
1198 jurisdiction of the Department of Environmental Protection which
1199 have been artificially created if the redesign or alteration is
1200 done so as to produce a more naturally functioning system.
1201 b. Active beach or primary and, where appropriate,
1202 secondary dunes, to maintain the integrity of the dune system
1203 and adequate public accessways to the beach. However, the
1204 developer may retain the right to construct and maintain
1205 elevated walkways over the dunes to provide access to the beach.
1206 c. Known archaeological sites determined to be of
1207 significance by the Division of Historical Resources of the
1208 Department of State.
1209 d. Areas known to be important to animal species designated
1210 as endangered or threatened by the United States Fish and
1211 Wildlife Service or by the Fish and Wildlife Conservation
1212 Commission, for reproduction, feeding, or nesting; for traveling
1213 between such areas used for reproduction, feeding, or nesting;
1214 or for escape from predation.
1215 e. Areas known to contain plant species designated as
1216 endangered by the Department of Agriculture and Consumer
1217 Services.
1218 2. Produce, or dispose of, no substances designated as
1219 hazardous or toxic substances by the United States Environmental
1220 Protection Agency, the Department of Environmental Protection,
1221 or the Department of Agriculture and Consumer Services. This
1222 subparagraph does not apply to the production of these
1223 substances in nonsignificant amounts as would occur through
1224 household use or incidental use by businesses.
1225 3. Participate in a downtown reuse or redevelopment program
1226 to improve and rehabilitate a declining downtown area.
1227 4. Incorporate no dredge and fill activities in, and no
1228 stormwater discharge into, waters designated as Class II,
1229 aquatic preserves, or Outstanding Florida Waters, except as
1230 permitted pursuant to s. 403.813(1), and the developer
1231 demonstrates that those activities meet the standards under
1232 Class II waters, Outstanding Florida Waters, or aquatic
1233 preserves, as applicable.
1234 5. Include open space, recreation areas, Florida-friendly
1235 landscaping as defined in s. 373.185, and energy conservation
1236 and minimize impermeable surfaces as appropriate to the location
1237 and type of project.
1238 6. Provide for construction and maintenance of all onsite
1239 infrastructure necessary to support the project and enter into a
1240 binding commitment with the local government to provide an
1241 appropriate fair-share contribution toward the offsite impacts
1242 that the development will impose on publicly funded facilities
1243 and services, except offsite transportation, and condition or
1244 phase the commencement of development to ensure that public
1245 facilities and services, except offsite transportation, are
1246 available concurrent with the impacts of the development. For
1247 the purposes of offsite transportation impacts, the developer
1248 must shall comply, at a minimum, with the standards of the state
1249 land planning agency’s development-of-regional-impact
1250 transportation rule, the approved strategic regional policy
1251 plan, any applicable regional planning council transportation
1252 rule, and the approved local government comprehensive plan and
1253 land development regulations adopted pursuant to part II of
1254 chapter 163.
1255 7. Design and construct the development in a manner that is
1256 consistent with the adopted state plan, the applicable strategic
1257 regional policy plan, and the applicable adopted local
1258 government comprehensive plan.
1259 (5)(a) Before filing an application for development
1260 designation, the developer shall contact the Department of
1261 Economic Opportunity to arrange one or more preapplication
1262 conferences with the other reviewing entities. Upon the request
1263 of the developer or any of the reviewing entities, other
1264 affected state or regional agencies shall participate in this
1265 conference. The department, in coordination with the local
1266 government with jurisdiction and the regional planning council,
1267 shall provide the developer information about the Florida
1268 Quality Developments designation process and the use of
1269 preapplication conferences to identify issues, coordinate
1270 appropriate state, regional, and local agency requirements,
1271 fully address any concerns of the local government, the regional
1272 planning council, and other reviewing agencies and the meeting
1273 of those concerns, if applicable, through development order
1274 conditions, and otherwise promote a proper, efficient, and
1275 timely review of the proposed Florida Quality Development. The
1276 department shall take the lead in coordinating the review
1277 process.
1278 (b) The developer shall submit the application to the state
1279 land planning agency, the appropriate regional planning agency,
1280 and the appropriate local government for review. The review
1281 shall be conducted under the time limits and procedures set
1282 forth in s. 120.60, except that the 90-day time limit shall
1283 cease to run when the state land planning agency and the local
1284 government have notified the applicant of their decision on
1285 whether the development should be designated under this program.
1286 (c) At any time before prior to the issuance of the Florida
1287 Quality Development development order, the developer of a
1288 proposed Florida Quality Development has shall have the right to
1289 withdraw the proposed project from consideration as a Florida
1290 Quality Development. The developer may elect to convert the
1291 proposed project to a proposed development of regional impact.
1292 The conversion shall be in the form of a letter to the reviewing
1293 entities stating the developer’s intent to seek authorization
1294 for the development as a development of regional impact under s.
1295 380.06. If a proposed Florida Quality Development converts to a
1296 development of regional impact, the developer shall resubmit the
1297 appropriate application and the development shall be subject to
1298 all applicable procedures under s. 380.06, except that:
1299 1. A preapplication conference held under paragraph (a)
1300 satisfies the preapplication procedures requirement under s.
1301 380.06(7); and
1302 2. If requested in the withdrawal letter, a finding of
1303 completeness of the application under paragraph (a) and s.
1304 120.60 may be converted to a finding of sufficiency by the state
1305 land regional planning agency council if such a conversion is
1306 approved by the state land regional planning agency council.
1307
1308 The state land regional planning agency council shall have 30
1309 days to notify the developer if the request for conversion of
1310 completeness to sufficiency is granted or denied. If granted and
1311 the application is found sufficient, the state land regional
1312 planning agency council shall notify the local government that a
1313 public hearing date may be set to consider the development for
1314 approval as a development of regional impact, and the
1315 development shall be subject to all applicable rules, standards,
1316 and procedures of s. 380.06. If the request for conversion of
1317 completeness to sufficiency is denied, the developer shall
1318 resubmit the appropriate application for review and the
1319 development shall be subject to all applicable procedures under
1320 s. 380.06, except as otherwise provided in this paragraph.
1321 (d) If the local government and state land planning agency
1322 agree that the project should be designated under this program,
1323 the state land planning agency shall issue a development order
1324 which incorporates the plan of development as set out in the
1325 application along with any agreed-upon modifications and
1326 conditions, based on recommendations by the local government and
1327 regional planning council, and a certification that the
1328 development is designated as one of Florida’s Quality
1329 Developments. In the event of conflicting recommendations, the
1330 state land planning agency, after consultation with the local
1331 government and the regional planning agency, shall resolve such
1332 conflicts in the development order. Upon designation, the
1333 development, as approved, is exempt from development-of
1334 regional-impact review pursuant to s. 380.06.
1335 (e) If the local government or state land planning agency,
1336 or both, recommends against designation, the development shall
1337 undergo development-of-regional-impact review pursuant to s.
1338 380.06, except as provided in subsection (6) of this section.
1339 Section 12. Subsections (1) and (5) of section 380.065,
1340 Florida Statutes, are amended to read:
1341 380.065 Certification of local government review of
1342 development.—
1343 (1) By petition to the Administration Commission, a local
1344 government may request certification to review developments of
1345 regional impact that are located within the jurisdiction in lieu
1346 of the regional review requirements set forth in s. 380.06. Such
1347 petitions may shall not be accepted by the commission until the
1348 state comprehensive plan has and the strategic regional policy
1349 plan have been adopted pursuant to chapter 186. Once certified,
1350 the development-of-regional-impact provisions of s. 380.06 are
1351 shall not be applicable within such jurisdiction.
1352 (5) Upon revocation of certification, developments of
1353 regional impact shall be reviewed by the state land regional
1354 planning agency designated development-of-regional-impact review
1355 responsibilities for the region in which the local government is
1356 located, pursuant to s. 380.06.
1357 Section 13. Subsections (3) and (6) of section 403.7225,
1358 Florida Statutes, are amended to read:
1359 403.7225 Local hazardous waste management assessments.—
1360 (3) Each county or regional planning council shall
1361 coordinate the local hazardous waste management assessments
1362 within its jurisdiction according to guidelines established
1363 under s. 403.7226. If a county declines to perform the local
1364 hazardous waste management assessment, the county shall make
1365 arrangements with the department its regional planning council
1366 to perform the assessment.
1367 (6) Unless performed by the county pursuant to subsection
1368 (3), the department regional planning councils shall upon
1369 successful arrangements with a county:
1370 (a) Perform local hazardous waste management assessments;
1371 and
1372 (b) Provide any technical expertise needed by the counties
1373 in developing the assessments.
1374 Section 14. Subsection (2) of section 403.723, Florida
1375 Statutes, is amended to read:
1376 403.723 Siting of hazardous waste facilities.—It is the
1377 intent of the Legislature to facilitate siting of proper
1378 hazardous waste storage facilities in each region and any
1379 additional storage, treatment, or disposal facilities as
1380 required. The Legislature recognizes the need for facilitating
1381 disposal of waste produced by small generators, reducing the
1382 volume of wastes generated in the state, reducing the toxicity
1383 of wastes generated in the state, and providing treatment and
1384 disposal facilities in the state.
1385 (2) After each county designates areas for storage
1386 facilities, the department each regional planning council shall
1387 designate one or more sites at which a regional hazardous waste
1388 storage or treatment facility could be constructed.
1389 Section 15. Subsections (1) and (2) of section 1013.372,
1390 Florida Statutes, are amended to read:
1391 1013.372 Education facilities as emergency shelters.—
1392 (1) The Department of Education shall, in consultation with
1393 boards and county and state emergency management offices,
1394 include within the standards to be developed under this
1395 subsection public shelter design criteria to be incorporated
1396 into the Florida Building Code. The new criteria must be
1397 designed to ensure that appropriate new educational facilities
1398 can serve as public shelters for emergency management purposes.
1399 A facility, or an appropriate area within a facility, for which
1400 a design contract is entered into after the effective date of
1401 the inclusion of the public shelter criteria in the code must be
1402 built in compliance with the amended code unless the facility or
1403 a part of it is exempted from using the new shelter criteria due
1404 to its location, size, or other characteristics by the
1405 applicable board with the concurrence of the applicable local
1406 emergency management agency or the Division of Emergency
1407 Management. Any educational facility located or proposed to be
1408 located in an identified category 1, 2, or 3 evacuation zone is
1409 not subject to the requirements of this subsection. If the
1410 regional planning council region in which the county is located
1411 does not have a hurricane evacuation shelter deficit, as
1412 determined by the Division of Emergency Management, educational
1413 facilities within the county planning council region are not
1414 required to incorporate the public shelter criteria.
1415 (2) By January 31 of each even-numbered year, the Division
1416 of Emergency Management shall prepare and submit a statewide
1417 emergency shelter plan to the Governor and the Cabinet for
1418 approval. The plan must identify the general location and square
1419 footage of existing shelters, by county regional planning
1420 council region, and the general location and square footage of
1421 needed shelters, by county regional planning council region,
1422 during the next 5 years. The plan must identify the types of
1423 public facilities that should be constructed to comply with
1424 emergency-shelter criteria and must recommend an appropriate and
1425 available source of funding for the additional cost of
1426 constructing emergency shelters within these public facilities.
1427 After the approval of the plan, a board may not be required to
1428 build more emergency-shelter space than identified as needed in
1429 the plan, and decisions pertaining to exemptions pursuant to
1430 subsection (1) must be guided by the plan.
1431 Section 16. Subsection (4) of section 1013.74, Florida
1432 Statutes, is amended to read:
1433 1013.74 University authorization for fixed capital outlay
1434 projects.—
1435 (4) The university board of trustees shall, in consultation
1436 with local and state emergency management agencies, assess
1437 existing facilities to identify the extent to which each campus
1438 has public hurricane evacuation shelter space. The board shall
1439 submit to the Governor and the Legislature by August 1 of each
1440 year a 5-year capital improvements program that identifies new
1441 or retrofitted facilities that will incorporate enhanced
1442 hurricane resistance standards and that can be used as public
1443 hurricane evacuation shelters. Enhanced hurricane resistance
1444 standards include fixed passive protection for window and door
1445 applications to provide mitigation protection, security
1446 protection with egress, and energy efficiencies that meet
1447 standards required in the 130-mile-per-hour wind zone areas. The
1448 board must also submit proposed facility retrofit projects to
1449 the Division of Emergency Management for assessment and
1450 inclusion in the annual report prepared in accordance with s.
1451 252.385(3). Until a county regional planning council region in
1452 which a campus is located has sufficient public hurricane
1453 evacuation shelter space, any campus building for which a design
1454 contract is entered into subsequent to July 1, 2001, and which
1455 has been identified by the board, with the concurrence of the
1456 local emergency management agency or the Division of Emergency
1457 Management, to be appropriate for use as a public hurricane
1458 evacuation shelter, must be constructed in accordance with
1459 public shelter standards.
1460 Section 17. Paragraph (f) of subsection (1) of section
1461 68.082, Florida Statutes, is amended to read:
1462 68.082 False claims against the state; definitions;
1463 liability.—
1464 (1) As used in this section, the term:
1465 (f) “State” means the government of the state or any
1466 department, division, bureau, commission, regional planning
1467 agency, board, district, authority, agency, or other
1468 instrumentality of the state.
1469 Section 18. Paragraph (a) of subsection (1) of section
1470 120.52, Florida Statutes, is amended to read:
1471 120.52 Definitions.—As used in this act:
1472 (1) “Agency” means the following officers or governmental
1473 entities if acting pursuant to powers other than those derived
1474 from the constitution:
1475 (a) The Governor; each state officer and state department,
1476 and each departmental unit described in s. 20.04; the Board of
1477 Governors of the State University System; the Commission on
1478 Ethics; the Fish and Wildlife Conservation Commission; a
1479 regional water supply authority; a regional planning agency; a
1480 multicounty special district, but only if a majority of its
1481 governing board is comprised of nonelected persons; educational
1482 units; and each entity described in chapters 163, 373, 380, and
1483 582 and s. 186.504.
1484
1485 This definition does not include a municipality or legal entity
1486 created solely by a municipality; a legal entity or agency
1487 created in whole or in part pursuant to part II of chapter 361;
1488 a metropolitan planning organization created pursuant to s.
1489 339.175; a separate legal or administrative entity created
1490 pursuant to s. 339.175 of which a metropolitan planning
1491 organization is a member; an expressway authority pursuant to
1492 chapter 348 or any transportation authority or commission under
1493 chapter 343 or chapter 349; or a legal or administrative entity
1494 created by an interlocal agreement pursuant to s. 163.01(7),
1495 unless any party to such agreement is otherwise an agency as
1496 defined in this subsection.
1497 Section 19. Subsection (9) of section 120.65, Florida
1498 Statutes, is amended to read:
1499 120.65 Administrative law judges.—
1500 (9) The division shall be reimbursed for administrative law
1501 judge services and travel expenses by the following entities:
1502 water management districts, regional planning councils, school
1503 districts, community colleges, the Division of Florida Colleges,
1504 state universities, the Board of Governors of the State
1505 University System, the State Board of Education, the Florida
1506 School for the Deaf and the Blind, and the Commission for
1507 Independent Education. These entities shall contract with the
1508 division to establish a contract rate for services and
1509 provisions for reimbursement of administrative law judge travel
1510 expenses and video teleconferencing expenses attributable to
1511 hearings conducted on behalf of these entities. The contract
1512 rate must be based on a total-cost-recovery methodology.
1513 Section 20. Paragraph (h) of subsection (6) of section
1514 163.3177, Florida Statutes, is amended to read:
1515 163.3177 Required and optional elements of comprehensive
1516 plan; studies and surveys.—
1517 (6) In addition to the requirements of subsections (1)-(5),
1518 the comprehensive plan shall include the following elements:
1519 (h)1. An intergovernmental coordination element showing
1520 relationships and stating principles and guidelines to be used
1521 in coordinating the adopted comprehensive plan with the plans of
1522 school boards, regional water supply authorities, and other
1523 units of local government providing services but not having
1524 regulatory authority over the use of land, with the
1525 comprehensive plans of adjacent municipalities, the county,
1526 adjacent counties, or the region, with the state comprehensive
1527 plan and with the applicable regional water supply plan approved
1528 pursuant to s. 373.709, as the case may require and as such
1529 adopted plans or plans in preparation may exist. This element of
1530 the local comprehensive plan must demonstrate consideration of
1531 the particular effects of the local plan, when adopted, upon the
1532 development of adjacent municipalities, the county, adjacent
1533 counties, or the region, or upon the state comprehensive plan,
1534 as the case may require.
1535 a. The intergovernmental coordination element must provide
1536 procedures for identifying and implementing joint planning
1537 areas, especially for the purpose of annexation, municipal
1538 incorporation, and joint infrastructure service areas.
1539 b. The intergovernmental coordination element shall provide
1540 for a dispute resolution process, as established pursuant to s.
1541 186.509, for bringing intergovernmental disputes to closure in a
1542 timely manner.
1543 c. The intergovernmental coordination element shall provide
1544 for interlocal agreements as established pursuant to s.
1545 333.03(1)(b).
1546 2. The intergovernmental coordination element shall also
1547 state principles and guidelines to be used in coordinating the
1548 adopted comprehensive plan with the plans of school boards and
1549 other units of local government providing facilities and
1550 services but not having regulatory authority over the use of
1551 land. In addition, the intergovernmental coordination element
1552 must describe joint processes for collaborative planning and
1553 decisionmaking on population projections and public school
1554 siting, the location and extension of public facilities subject
1555 to concurrency, and siting facilities with countywide
1556 significance, including locally unwanted land uses whose nature
1557 and identity are established in an agreement.
1558 3. Within 1 year after adopting their intergovernmental
1559 coordination elements, each county, all the municipalities
1560 within that county, the district school board, and any unit of
1561 local government service providers in that county shall
1562 establish by interlocal or other formal agreement executed by
1563 all affected entities, the joint processes described in this
1564 subparagraph consistent with their adopted intergovernmental
1565 coordination elements. The agreement must:
1566 a. Ensure that the local government addresses through
1567 coordination mechanisms the impacts of development proposed in
1568 the local comprehensive plan upon development in adjacent
1569 municipalities, the county, adjacent counties, the region, and
1570 the state. The area of concern for municipalities shall include
1571 adjacent municipalities, the county, and counties adjacent to
1572 the municipality. The area of concern for counties shall include
1573 all municipalities within the county, adjacent counties, and
1574 adjacent municipalities.
1575 b. Ensure coordination in establishing level of service
1576 standards for public facilities with any state, regional, or
1577 local entity having operational and maintenance responsibility
1578 for such facilities.
1579 Section 21. Subsection (5) of section 163.3178, Florida
1580 Statutes, is amended to read:
1581 163.3178 Coastal management.—
1582 (5) A The appropriate dispute resolution process provided
1583 under s. 186.509 must be used to reconcile inconsistencies
1584 between port master plans and local comprehensive plans. In
1585 recognition of the state’s commitment to deepwater ports, the
1586 state comprehensive plan must include goals, objectives, and
1587 policies that establish a statewide strategy for enhancement of
1588 existing deepwater ports, ensuring that priority is given to
1589 water-dependent land uses. As an incentive for promoting plan
1590 consistency, port facilities as defined in s. 315.02(6) on lands
1591 owned or controlled by a deepwater port as defined in s.
1592 311.09(1), as of the effective date of this act are shall not be
1593 subject to development-of-regional-impact review provided the
1594 port either successfully completes an alternative comprehensive
1595 development agreement with a local government pursuant to ss.
1596 163.3220-163.3243 or successfully enters into a development
1597 agreement with the state land planning agency and applicable
1598 local government pursuant to s. 380.032 or, where the port is a
1599 department of a local government, successfully enters into a
1600 development agreement with the state land planning agency
1601 pursuant to s. 380.032. Port facilities as defined in s.
1602 315.02(6) on lands not owned or controlled by a deepwater port
1603 as defined in s. 311.09(1) as of the effective date of this act
1604 are shall not be subject to development-of-regional-impact
1605 review provided the port successfully enters into a development
1606 agreement with the state land planning agency and applicable
1607 local government pursuant to s. 380.032 or, where the port is a
1608 department of a local government, successfully enters into a
1609 development agreement with the state land planning agency
1610 pursuant to s. 380.032.
1611 Section 22. Paragraph (c) of subsection (1) and paragraph
1612 (b) of subsection (3) of section 163.3184, Florida Statutes, are
1613 amended to read:
1614 163.3184 Process for adoption of comprehensive plan or plan
1615 amendment.—
1616 (1) DEFINITIONS.—As used in this section, the term:
1617 (c) “Reviewing agencies” means:
1618 1. The state land planning agency;
1619 2. The appropriate regional planning council;
1620 2.3. The appropriate water management district;
1621 3.4. The Department of Environmental Protection;
1622 4.5. The Department of State;
1623 5.6. The Department of Transportation;
1624 6.7. In the case of plan amendments relating to public
1625 schools, the Department of Education;
1626 7.8. In the case of plans or plan amendments that affect a
1627 military installation listed in s. 163.3175, the commanding
1628 officer of the affected military installation;
1629 8.9. In the case of county plans and plan amendments, the
1630 Fish and Wildlife Conservation Commission and the Department of
1631 Agriculture and Consumer Services; and
1632 9.10. In the case of municipal plans and plan amendments,
1633 the county in which the municipality is located.
1634 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
1635 COMPREHENSIVE PLAN AMENDMENTS.—
1636 (b)1. The local government, after the initial public
1637 hearing held pursuant to subsection (11), shall transmit within
1638 10 working days the amendment or amendments and appropriate
1639 supporting data and analyses to the reviewing agencies. The
1640 local governing body shall also transmit a copy of the
1641 amendments and supporting data and analyses to any other local
1642 government or governmental agency that has filed a written
1643 request with the governing body.
1644 2. The reviewing agencies and any other local government or
1645 governmental agency specified in subparagraph 1. may provide
1646 comments regarding the amendment or amendments to the local
1647 government. State agencies shall only comment on important state
1648 resources and facilities that will be adversely impacted by the
1649 amendment if adopted. Comments provided by state agencies shall
1650 state with specificity how the plan amendment will adversely
1651 impact an important state resource or facility and shall
1652 identify measures the local government may take to eliminate,
1653 reduce, or mitigate the adverse impacts. Such comments, if not
1654 resolved, may result in a challenge by the state land planning
1655 agency to the plan amendment. Agencies and local governments
1656 must transmit their comments to the affected local government
1657 such that they are received by the local government not later
1658 than 30 days after the date on which the agency or government
1659 received the amendment or amendments. Reviewing agencies shall
1660 also send a copy of their comments to the state land planning
1661 agency.
1662 3. Comments to the local government from a regional
1663 planning council, county, or municipality shall be limited as
1664 follows:
1665 a. The regional planning council review and comments shall
1666 be limited to adverse effects on regional resources or
1667 facilities identified in the strategic regional policy plan and
1668 extrajurisdictional impacts that would be inconsistent with the
1669 comprehensive plan of any affected local government within the
1670 region. A regional planning council may not review and comment
1671 on a proposed comprehensive plan amendment prepared by such
1672 council unless the plan amendment has been changed by the local
1673 government subsequent to the preparation of the plan amendment
1674 by the regional planning council.
1675 a.b. County comments shall be in the context of the
1676 relationship and effect of the proposed plan amendments on the
1677 county plan.
1678 b.c. Municipal comments shall be in the context of the
1679 relationship and effect of the proposed plan amendments on the
1680 municipal plan.
1681 c.d. Military installation comments shall be provided in
1682 accordance with s. 163.3175.
1683 4. Comments to the local government from state agencies
1684 shall be limited to the following subjects as they relate to
1685 important state resources and facilities that will be adversely
1686 impacted by the amendment if adopted:
1687 a. The Department of Environmental Protection shall limit
1688 its comments to the subjects of air and water pollution;
1689 wetlands and other surface waters of the state; federal and
1690 state-owned lands and interest in lands, including state parks,
1691 greenways and trails, and conservation easements; solid waste;
1692 water and wastewater treatment; and the Everglades ecosystem
1693 restoration.
1694 b. The Department of State shall limit its comments to the
1695 subjects of historic and archaeological resources.
1696 c. The Department of Transportation shall limit its
1697 comments to issues within the agency’s jurisdiction as it
1698 relates to transportation resources and facilities of state
1699 importance.
1700 d. The Fish and Wildlife Conservation Commission shall
1701 limit its comments to subjects relating to fish and wildlife
1702 habitat and listed species and their habitat.
1703 e. The Department of Agriculture and Consumer Services
1704 shall limit its comments to the subjects of agriculture,
1705 forestry, and aquaculture issues.
1706 f. The Department of Education shall limit its comments to
1707 the subject of public school facilities.
1708 g. The appropriate water management district shall limit
1709 its comments to flood protection and floodplain management,
1710 wetlands and other surface waters, and regional water supply.
1711 h. The state land planning agency shall limit its comments
1712 to important state resources and facilities outside the
1713 jurisdiction of other commenting state agencies and may include
1714 comments on countervailing planning policies and objectives
1715 served by the plan amendment that should be balanced against
1716 potential adverse impacts to important state resources and
1717 facilities.
1718 Section 23. Subsection (2) of section 163.3245, Florida
1719 Statutes, is amended to read:
1720 163.3245 Sector plans.—
1721 (2) Upon The request of a local government having
1722 jurisdiction, the applicable regional planning council shall
1723 conduct a scoping meeting with affected local governments and
1724 those agencies identified in s. 163.3184(1)(c) before
1725 preparation of the sector plan. The purpose of this meeting is
1726 to assist the state land planning agency and the local
1727 government in the identification of the relevant planning issues
1728 to be addressed and the data and resources available to assist
1729 in the preparation of the sector plan. If a scoping meeting is
1730 conducted, the regional planning council shall make written
1731 recommendations to the state land planning agency and affected
1732 local governments on the issues requested by the local
1733 government. The scoping meeting shall be noticed and open to the
1734 public. If the entire planning area proposed for the sector plan
1735 is within the jurisdiction of two or more local governments,
1736 some or all of them may enter into a joint planning agreement
1737 pursuant to s. 163.3171 with respect to the geographic area to
1738 be subject to the sector plan, the planning issues that will be
1739 emphasized, procedures for intergovernmental coordination to
1740 address extrajurisdictional impacts, supporting application
1741 materials including data and analysis, procedures for public
1742 participation, or other issues.
1743 Section 24. Subsection (11) of section 163.3246, Florida
1744 Statutes, is amended to read:
1745 163.3246 Local government comprehensive planning
1746 certification program.—
1747 (11) If the local government of an area described in
1748 subsection (10) does not request that the state land planning
1749 agency review the developments of regional impact that are
1750 proposed within the certified area, an application for approval
1751 of a development order within the certified area shall be exempt
1752 from review under s. 380.06., subject to the following:
1753 (a) Concurrent with filing an application for development
1754 approval with the local government, a developer proposing a
1755 project that would have been subject to review pursuant to s.
1756 380.06 shall notify in writing the regional planning council
1757 with jurisdiction.
1758 (b) The regional planning council shall coordinate with The
1759 developer and the local government shall coordinate with the
1760 parties to ensure that all concurrency requirements as well as
1761 federal, state, and local environmental permit requirements are
1762 met.
1763 Section 25. Subsection (4) of section 163.3248, Florida
1764 Statutes, is amended to read:
1765 163.3248 Rural land stewardship areas.—
1766 (4) A local government or one or more property owners may
1767 request assistance and participation in the development of a
1768 plan for the rural land stewardship area from the state land
1769 planning agency, the Department of Agriculture and Consumer
1770 Services, the Fish and Wildlife Conservation Commission, the
1771 Department of Environmental Protection, the appropriate water
1772 management district, the Department of Transportation, the
1773 regional planning council, private land owners, and
1774 stakeholders.
1775 Section 26. Paragraph (i) of subsection (2) of section
1776 163.568, Florida Statutes, is amended to read:
1777 163.568 Purposes and powers.—
1778 (2) The authority is granted the authority to exercise all
1779 powers necessary, appurtenant, convenient, or incidental to the
1780 carrying out of the aforesaid purposes, including, but not
1781 limited to, the following rights and powers:
1782 (i) To develop transportation plans, and to coordinate its
1783 planning and programs with those of appropriate municipal,
1784 county, and state agencies and other political subdivisions of
1785 the state. All transportation plans are subject to review and
1786 approval by the Department of Transportation and by the regional
1787 planning agency, if any, for consistency with programs or
1788 planning for the area and region.
1789 Section 27. Subsection (2) of section 164.1031, Florida
1790 Statutes, is amended to read:
1791 164.1031 Definitions.—For purposes of this act:
1792 (2) “Regional governmental entities” includes regional
1793 planning councils, metropolitan planning organizations, water
1794 supply authorities that include more than one county, local
1795 health councils, water management districts, and other regional
1796 entities that are authorized and created by general or special
1797 law that have duties or responsibilities extending beyond the
1798 jurisdiction of a single county.
1799 Section 28. Subsection (7) of section 186.006, Florida
1800 Statutes, is amended to read:
1801 186.006 Powers and responsibilities of Executive Office of
1802 the Governor.—For the purpose of establishing consistency and
1803 uniformity in the state and regional planning process and in
1804 order to ensure that the intent of ss. 186.001-186.031 and
1805 186.801-186.901 is accomplished, the Executive Office of the
1806 Governor shall:
1807 (7) Act as the state clearinghouse and designate the
1808 regional planning councils as the regional data clearinghouses.
1809 Section 29. Subsections (7) and (8) of section 186.007,
1810 Florida Statutes, are amended to read:
1811 186.007 State comprehensive plan; preparation; revision.—
1812 (7) In preparing and revising the state comprehensive plan,
1813 the Executive Office of the Governor shall, to the extent
1814 feasible, consider studies, reports, and plans of each
1815 department, agency, and institution of state and local
1816 government, each regional planning agency, and the Federal
1817 Government and shall take into account the existing and
1818 prospective resources, capabilities, and needs of state and
1819 local levels of government.
1820 (8) The revision of the state comprehensive plan is a
1821 continuing process. Each section of the plan shall be reviewed
1822 and analyzed biennially by the Executive Office of the Governor
1823 in conjunction with the planning officers of other state
1824 agencies significantly affected by the provisions of the
1825 particular section under review. In conducting this review and
1826 analysis, the Executive Office of the Governor shall review and
1827 consider, with the assistance of the state land planning agency
1828 and regional planning councils, the evaluation and appraisal
1829 reports prepared pursuant to s. 186.511. Any necessary revisions
1830 of the state comprehensive plan shall be proposed by the
1831 Governor in a written report and be accompanied by an
1832 explanation of the need for such changes. If the Governor
1833 determines that changes are unnecessary, the written report must
1834 explain why changes are unnecessary. The proposed revisions and
1835 accompanying explanations may be submitted in the report
1836 required by s. 186.031. Any proposed revisions to the plan shall
1837 be submitted to the Legislature as provided in s. 186.008(2) at
1838 least 30 days before prior to the regular legislative session
1839 occurring in each even-numbered year.
1840 Section 30. Subsection (1) of section 186.008, Florida
1841 Statutes, is amended to read:
1842 186.008 State comprehensive plan; revision;
1843 implementation.—
1844 (1) On or before October 1 of every odd-numbered year, the
1845 Executive Office of the Governor shall prepare, and the Governor
1846 shall recommend to the Administration Commission, any proposed
1847 revisions to the state comprehensive plan deemed necessary. The
1848 Governor shall transmit his or her recommendations and
1849 explanation as required by s. 186.007(8). Copies shall also be
1850 provided to each state agency, to each regional planning agency,
1851 to any other unit of government that requests a copy, and to any
1852 member of the public who requests a copy.
1853 Section 31. Section 186.803, Florida Statutes, is amended
1854 to read:
1855 186.803 Use of geographic information by governmental
1856 entities.—When state agencies, water management districts,
1857 regional planning councils, local governments, and other
1858 governmental entities use maps, including geographic information
1859 maps and other graphic information materials, as the source of
1860 data for planning or any other purposes, they must take into
1861 account that the accuracy and reliability of such maps and data
1862 may be limited by various factors, including the scale of the
1863 maps, the timeliness and accuracy of the underlying information,
1864 the availability of more accurate site-specific information, and
1865 the presence or absence of ground truthing or peer review of the
1866 underlying information contained in such maps and other graphic
1867 information. This section does not apply to maps adopted
1868 pursuant to part II of chapter 163.
1869 Section 32. Paragraph (b) of subsection (20) of section
1870 187.201, Florida Statutes, is amended to read:
1871 187.201 State Comprehensive Plan adopted.—The Legislature
1872 hereby adopts as the State Comprehensive Plan the following
1873 specific goals and policies:
1874 (20) GOVERNMENTAL EFFICIENCY.—
1875 (b) Policies.—
1876 1. Encourage greater cooperation between, among, and within
1877 all levels of Florida government through the use of appropriate
1878 interlocal agreements and mutual participation for mutual
1879 benefit.
1880 2. Allow the creation of independent special taxing
1881 districts which have uniform general law standards and
1882 procedures and do not overburden other governments and their
1883 taxpayers while preventing the proliferation of independent
1884 special taxing districts which do not meet these standards.
1885 3. Encourage the use of municipal services taxing units and
1886 other dependent special districts to provide needed
1887 infrastructure where the fiscal capacity exists to support such
1888 an approach.
1889 4. Eliminate regulatory activities that are not tied to
1890 specific public and natural resource protection needs.
1891 5. Eliminate needless duplication of, and promote
1892 cooperation in, governmental activities between, among, and
1893 within state, regional, county, city, and other governmental
1894 units.
1895 6. Ensure, wherever possible, that the geographic
1896 boundaries of water management districts, regional planning
1897 councils, and substate districts of the executive departments
1898 shall be coterminous for related state or agency programs and
1899 functions and promote interagency agreements in order to reduce
1900 the number of districts and councils with jurisdiction in any
1901 one county.
1902 7. Encourage and provide for the restructuring of city and
1903 county political jurisdictions with the goals of greater
1904 efficiency and high-quality and more equitable and responsive
1905 public service programs.
1906 8. Replace multiple, small scale, economically inefficient
1907 local public facilities with regional facilities where they are
1908 proven to be more economical, particularly in terms of energy
1909 efficiency, and yet can retain the quality of service expected
1910 by the public.
1911 9. Encourage greater efficiency and economy at all levels
1912 of government through adoption and implementation of effective
1913 records management, information management, and evaluation
1914 procedures.
1915 10. Throughout government, establish citizen management
1916 efficiency groups and internal management groups to make
1917 recommendations for greater operating efficiencies and improved
1918 management practices.
1919 11. Encourage governments to seek outside contracting on a
1920 competitive-bid basis when cost-effective and appropriate.
1921 12. Discourage undue expansion of state government and make
1922 every effort to streamline state government in a cost-effective
1923 manner.
1924 13. Encourage joint venture solutions to mutual problems
1925 between levels of government and private enterprise.
1926 Section 33. Paragraph (c) of subsection (1) and subsection
1927 (2) of section 218.32, Florida Statutes, are amended to read:
1928 218.32 Annual financial reports; local governmental
1929 entities.—
1930 (1)
1931 (c) Each regional planning council created under s.
1932 186.504, Each local government finance commission, board, or
1933 council, and each municipal power corporation created as a
1934 separate legal or administrative entity by interlocal agreement
1935 under s. 163.01(7) shall submit to the department a copy of its
1936 audit report and an annual financial report for the previous
1937 fiscal year in a format prescribed by the department.
1938 (2) The department shall annually by December 1 file a
1939 verified report with the Governor, the Legislature, the Auditor
1940 General, and the Special District Accountability Program of the
1941 Department of Economic Opportunity showing the revenues, both
1942 locally derived and derived from intergovernmental transfers,
1943 and the expenditures of each local governmental entity, regional
1944 planning council, local government finance commission, and
1945 municipal power corporation that is required to submit an annual
1946 financial report. The report must include, but is not limited
1947 to:
1948 (a) The total revenues and expenditures of each local
1949 governmental entity that is a component unit included in the
1950 annual financial report of the reporting entity.
1951 (b) The amount of outstanding long-term debt by each local
1952 governmental entity. For purposes of this paragraph, the term
1953 “long-term debt” means any agreement or series of agreements to
1954 pay money, which, at inception, contemplate terms of payment
1955 exceeding 1 year in duration.
1956 Section 34. Section 253.7828, Florida Statutes, is amended
1957 to read:
1958 253.7828 Impairment of use or conservation by agencies
1959 prohibited.—All agencies of the state, regional planning
1960 councils, water management districts, and local governments
1961 shall recognize the special character of the lands and waters
1962 designated by the state as the Cross Florida Greenways State
1963 Recreation and Conservation Area and may shall not take any
1964 action which will impair its use and conservation.
1965 Section 35. Paragraph (a) of subsection (7) of section
1966 258.501, Florida Statutes, is amended to read:
1967 258.501 Myakka River; wild and scenic segment.—
1968 (7) MANAGEMENT COORDINATING COUNCIL.—
1969 (a) Upon designation, the department shall create a
1970 permanent council to provide interagency and intergovernmental
1971 coordination in the management of the river. The coordinating
1972 council shall be composed of one representative appointed from
1973 each of the following: the department, the Department of
1974 Transportation, the Fish and Wildlife Conservation Commission,
1975 the Department of Economic Opportunity, the Florida Forest
1976 Service of the Department of Agriculture and Consumer Services,
1977 the Division of Historical Resources of the Department of State,
1978 the Tampa Bay Regional Planning Council, the Southwest Florida
1979 Water Management District, the Southwest Florida Regional
1980 Planning Council, Manatee County, Sarasota County, Charlotte
1981 County, the City of Sarasota, the City of North Port,
1982 agricultural interests, environmental organizations, and any
1983 others deemed advisable by the department.
1984 Section 36. Subsections (1) and (3) of section 260.0142,
1985 Florida Statutes, are amended to read:
1986 260.0142 Florida Greenways and Trails Council; composition;
1987 powers and duties.—
1988 (1) There is created within the department the Florida
1989 Greenways and Trails Council which shall advise the department
1990 in the execution of the department’s powers and duties under
1991 this chapter. The council shall be composed of 19 20 members,
1992 consisting of:
1993 (a)1. Five members appointed by the Governor, with two
1994 members representing the trail user community, two members
1995 representing the greenway user community, and one member
1996 representing private landowners.
1997 2. Three members appointed by the President of the Senate,
1998 with one member representing the trail user community and two
1999 members representing the greenway user community.
2000 3. Three members appointed by the Speaker of the House of
2001 Representatives, with two members representing the trail user
2002 community and one member representing the greenway user
2003 community.
2004
2005 Those eligible to represent the trail user community shall be
2006 chosen from, but not be limited to, paved trail users, hikers,
2007 off-road bicyclists, users of off-highway vehicles, paddlers,
2008 equestrians, disabled outdoor recreational users, and commercial
2009 recreational interests. Those eligible to represent the greenway
2010 user community shall be chosen from, but not be limited to,
2011 conservation organizations, nature study organizations, and
2012 scientists and university experts.
2013 (b) The 8 9 remaining members shall include:
2014 1. The Secretary of Environmental Protection or a designee.
2015 2. The executive director of the Fish and Wildlife
2016 Conservation Commission or a designee.
2017 3. The Secretary of Transportation or a designee.
2018 4. The Director of the Florida Forest Service of the
2019 Department of Agriculture and Consumer Services or a designee.
2020 5. The director of the Division of Historical Resources of
2021 the Department of State or a designee.
2022 6. A representative of the water management districts.
2023 Membership on the council shall rotate among the five districts.
2024 The districts shall determine the order of rotation.
2025 7. A representative of a federal land management agency.
2026 The Secretary of Environmental Protection shall identify the
2027 appropriate federal agency and request designation of a
2028 representative from the agency to serve on the council.
2029 8. A representative of the regional planning councils to be
2030 appointed by the Secretary of Environmental Protection.
2031 Membership on the council shall rotate among the seven regional
2032 planning councils. The regional planning councils shall
2033 determine the order of rotation.
2034 8.9. A representative of local governments to be appointed
2035 by the Secretary of Environmental Protection. Membership shall
2036 alternate between a county representative and a municipal
2037 representative.
2038 (3) The term of all appointees shall be for 2 years unless
2039 otherwise specified. The appointees of the Governor, the
2040 President of the Senate, and the Speaker of the House of
2041 Representatives may be reappointed for no more than four
2042 consecutive terms. The representatives of the water management
2043 districts, regional planning councils, and local governments may
2044 be reappointed for no more than two consecutive terms. All other
2045 appointees shall serve until replaced.
2046 Section 37. Section 260.018, Florida Statutes, is amended
2047 to read:
2048 260.018 Agency recognition.—All agencies of the state,
2049 regional planning councils through their comprehensive plans,
2050 and local governments through their local comprehensive planning
2051 process pursuant to chapter 163 shall recognize the special
2052 character of publicly owned lands and waters designated by the
2053 state as greenways and trails and may shall not take any action
2054 which will impair their use as designated. Identification of
2055 lands or waterways in planning materials, maps, data, and other
2056 information developed or used in the greenways and trails
2057 program may shall not be cause for such lands or waterways to be
2058 subject to this section, unless such lands or waterways have
2059 been designated as a part of the statewide system of greenways
2060 and trails pursuant to s. 260.016(2)(d).
2061 Section 38. Paragraph (a) of subsection (6) of section
2062 288.0656, Florida Statutes, is amended to read:
2063 288.0656 Rural Economic Development Initiative.—
2064 (6)(a) By August 1 of each year, the head of each of the
2065 following agencies and organizations shall designate a deputy
2066 secretary or higher-level staff person from within the agency or
2067 organization to serve as the REDI representative for the agency
2068 or organization:
2069 1. The Department of Transportation.
2070 2. The Department of Environmental Protection.
2071 3. The Department of Agriculture and Consumer Services.
2072 4. The Department of State.
2073 5. The Department of Health.
2074 6. The Department of Children and Families.
2075 7. The Department of Corrections.
2076 8. The Department of Education.
2077 9. The Department of Juvenile Justice.
2078 10. The Fish and Wildlife Conservation Commission.
2079 11. Each water management district.
2080 12. Enterprise Florida, Inc.
2081 13. Workforce Florida, Inc.
2082 14. VISIT Florida.
2083 15. The Florida Regional Planning Council Association.
2084 15.16. The Agency for Health Care Administration.
2085 16.17. The Institute of Food and Agricultural Sciences
2086 (IFAS).
2087
2088 An alternate for each designee shall also be chosen, and the
2089 names of the designees and alternates shall be sent to the
2090 executive director of the department.
2091 Section 39. Subsection (2), paragraph (c) of subsection
2092 (4), and subsections (8) and (9) of section 288.975, Florida
2093 Statutes, are amended to read:
2094 288.975 Military base reuse plans.—
2095 (2) As used in this section, the term:
2096 (a) “Affected local government” means a local government
2097 adjoining the host local government and any other unit of local
2098 government that is not a host local government but that is
2099 identified in a proposed military base reuse plan as providing,
2100 operating, or maintaining one or more public facilities as
2101 defined in s. 163.3164 on lands within or serving a military
2102 base designated for closure by the Federal Government.
2103 (b) “Affected person” means a host local government; an
2104 affected local government; any state, regional, or federal
2105 agency; or a person who resides, owns property, or owns or
2106 operates a business within the boundaries of a host local
2107 government or affected local government.
2108 (c) “Base reuse activities” means development as defined in
2109 s. 380.04 on a military base designated for closure or closed by
2110 the Federal Government.
2111 (d) “Host local government” means a local government within
2112 the jurisdiction of which all or part of a military base
2113 designated for closure by the Federal Government is located.
2114 This shall not include a county if no part of a military base is
2115 located in its unincorporated area.
2116 (e) “Military base” means a military base designated for
2117 closure or closed by the Federal Government.
2118 (f) “Regional policy plan” means a strategic regional
2119 policy plan that has been adopted by rule by a regional planning
2120 council pursuant to s. 186.508.
2121 (f)(g) “State comprehensive plan” means the plan as
2122 provided in chapter 187.
2123 (4)
2124 (c) Military base reuse plans shall identify projected
2125 impacts to significant regional resources and natural resources
2126 of regional significance as identified by applicable regional
2127 planning councils in their regional policy plans and the actions
2128 that shall be taken to mitigate such impacts.
2129 (8) At the request of a host local government, the
2130 department shall coordinate a presubmission workshop concerning
2131 a military base reuse plan within the boundaries of the host
2132 jurisdiction. Agencies that shall participate in the workshop
2133 shall include any affected local governments; the Department of
2134 Environmental Protection; the department; the Department of
2135 Transportation; the Department of Health; the Department of
2136 Children and Families; the Department of Juvenile Justice; the
2137 Department of Agriculture and Consumer Services; the Department
2138 of State; the Fish and Wildlife Conservation Commission; and any
2139 applicable water management districts and regional planning
2140 councils. The purposes of the workshop shall be to assist the
2141 host local government to understand issues of concern to the
2142 above listed entities pertaining to the military base site and
2143 to identify opportunities for better coordination of planning
2144 and review efforts with the information and analyses generated
2145 by the federal environmental impact statement process and the
2146 federal community base reuse planning process.
2147 (9) If a host local government elects to use the optional
2148 provisions of this act, it shall, no later than 12 months after
2149 notifying the agencies of its intent pursuant to subsection (3)
2150 either:
2151 (a) Send a copy of the proposed military base reuse plan
2152 for review to any affected local governments; the Department of
2153 Environmental Protection; the department; the Department of
2154 Transportation; the Department of Health; the Department of
2155 Children and Families; the Department of Juvenile Justice; the
2156 Department of Agriculture and Consumer Services; the Department
2157 of State; the Fish and Wildlife Conservation Commission; and any
2158 applicable water management districts and regional planning
2159 councils, or
2160 (b) Petition the department for an extension of the
2161 deadline for submitting a proposed reuse plan. Such an extension
2162 request must be justified by changes or delays in the closure
2163 process by the federal Department of Defense or for reasons
2164 otherwise deemed to promote the orderly and beneficial planning
2165 of the subject military base reuse. The department may grant
2166 extensions to the required submission date of the reuse plan.
2167 Section 40. Paragraph (b) of subsection (26) of section
2168 320.08058, Florida Statutes, is amended to read:
2169 320.08058 Specialty license plates.—
2170 (26) TAMPA BAY ESTUARY LICENSE PLATES.—
2171 (b) The annual use fees shall be distributed to the Tampa
2172 Bay Estuary Program created by s. 163.01.
2173 1. A maximum of 5 percent of such fees may be used for
2174 marketing the plate.
2175 2. Twenty percent of the proceeds from the annual use fee,
2176 not to exceed $50,000, shall be provided to the Tampa Bay
2177 Regional Planning Council for activities of the Agency on Bay
2178 Management implementing the Council/Agency Action Plan for the
2179 restoration of the Tampa Bay estuary, as approved by the Tampa
2180 Bay Estuary Program Policy Board.
2181 2.3. The remaining proceeds must be used to implement the
2182 Comprehensive Conservation and Management Plan for Tampa Bay,
2183 pursuant to priorities approved by the Tampa Bay Estuary Program
2184 Policy Board.
2185 Section 41. Paragraph (b) of subsection (3) of section
2186 335.188, Florida Statutes, is amended to read:
2187 335.188 Access management standards; access control
2188 classification system; criteria.—
2189 (3) The control classification system shall be developed
2190 consistent with the following:
2191 (b) The access control classification system shall be
2192 developed in cooperation with counties, municipalities, the
2193 state land planning agency, regional planning councils,
2194 metropolitan planning organizations, and other local
2195 governmental entities.
2196 Section 42. Subsection (4) of section 339.155, Florida
2197 Statutes, is amended to read:
2198 339.155 Transportation planning.—
2199 (4) ADDITIONAL TRANSPORTATION PLANS.—
2200 (a) Upon request by local governmental entities, the
2201 department may in its discretion develop and design
2202 transportation corridors, arterial and collector streets,
2203 vehicular parking areas, and other support facilities which are
2204 consistent with the plans of the department for major
2205 transportation facilities. The department may render to local
2206 governmental entities or their planning agencies such technical
2207 assistance and services as are necessary so that local plans and
2208 facilities are coordinated with the plans and facilities of the
2209 department.
2210 (b) Each regional planning council, as provided for in s.
2211 186.504, or any successor agency thereto, shall develop, as an
2212 element of its strategic regional policy plan, transportation
2213 goals and policies. The transportation goals and policies must
2214 be prioritized to comply with the prevailing principles provided
2215 in subsection (1) and s. 334.046(1). The transportation goals
2216 and policies shall be consistent, to the maximum extent
2217 feasible, with the goals and policies of the metropolitan
2218 planning organization and the Florida Transportation Plan. The
2219 transportation goals and policies of the regional planning
2220 council will be advisory only and shall be submitted to the
2221 department and any affected metropolitan planning organization
2222 for their consideration and comments. Metropolitan planning
2223 organization plans and other local transportation plans shall be
2224 developed consistent, to the maximum extent feasible, with the
2225 regional transportation goals and policies. The regional
2226 planning council shall review urbanized area transportation
2227 plans and any other planning products stipulated in s. 339.175
2228 and provide the department and respective metropolitan planning
2229 organizations with written recommendations, which the department
2230 and the metropolitan planning organizations shall take under
2231 advisement. Further, the regional planning councils shall
2232 directly assist local governments that are not part of a
2233 metropolitan area transportation planning process in the
2234 development of the transportation element of their comprehensive
2235 plans as required by s. 163.3177.
2236 (b)(c) Regional transportation plans may be developed in
2237 regional transportation areas in accordance with an interlocal
2238 agreement entered into pursuant to s. 163.01 by two or more
2239 contiguous metropolitan planning organizations; one or more
2240 metropolitan planning organizations and one or more contiguous
2241 counties, none of which is a member of a metropolitan planning
2242 organization; a multicounty regional transportation authority
2243 created by or pursuant to law; two or more contiguous counties
2244 that are not members of a metropolitan planning organization; or
2245 metropolitan planning organizations comprised of three or more
2246 counties.
2247 (c)(d) The interlocal agreement must, at a minimum,
2248 identify the entity that will coordinate the development of the
2249 regional transportation plan; delineate the boundaries of the
2250 regional transportation area; provide the duration of the
2251 agreement and specify how the agreement may be terminated,
2252 modified, or rescinded; describe the process by which the
2253 regional transportation plan will be developed; and provide how
2254 members of the entity will resolve disagreements regarding
2255 interpretation of the interlocal agreement or disputes relating
2256 to the development or content of the regional transportation
2257 plan. Such interlocal agreement shall become effective upon its
2258 recordation in the official public records of each county in the
2259 regional transportation area.
2260 (d)(e) The regional transportation plan developed pursuant
2261 to this section must, at a minimum, identify regionally
2262 significant transportation facilities located within a regional
2263 transportation area and contain a prioritized list of regionally
2264 significant projects. The projects shall be adopted into the
2265 capital improvements schedule of the local government
2266 comprehensive plan pursuant to s. 163.3177(3).
2267 Section 43. Paragraph (g) of subsection (6) of section
2268 339.175, Florida Statutes, is amended to read:
2269 339.175 Metropolitan planning organization.—
2270 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
2271 privileges, and authority of an M.P.O. are those specified in
2272 this section or incorporated in an interlocal agreement
2273 authorized under s. 163.01. Each M.P.O. shall perform all acts
2274 required by federal or state laws or rules, now and subsequently
2275 applicable, which are necessary to qualify for federal aid. It
2276 is the intent of this section that each M.P.O. shall be involved
2277 in the planning and programming of transportation facilities,
2278 including, but not limited to, airports, intercity and high
2279 speed rail lines, seaports, and intermodal facilities, to the
2280 extent permitted by state or federal law.
2281 (g) Each M.P.O. shall have an executive or staff director
2282 who reports directly to the M.P.O. governing board for all
2283 matters regarding the administration and operation of the M.P.O.
2284 and any additional personnel as deemed necessary. The executive
2285 director and any additional personnel may be employed either by
2286 an M.P.O. or by another governmental entity, such as a county,
2287 or city, or regional planning council, that has a staff services
2288 agreement signed and in effect with the M.P.O. Each M.P.O. may
2289 enter into contracts with local or state agencies, private
2290 planning firms, private engineering firms, or other public or
2291 private entities to accomplish its transportation planning and
2292 programming duties and administrative functions.
2293 Section 44. Subsection (6) of section 339.285, Florida
2294 Statutes, is amended to read:
2295 339.285 Enhanced Bridge Program for Sustainable
2296 Transportation.—
2297 (6) Preference shall be given to bridge projects located on
2298 corridors that connect to the Strategic Intermodal System,
2299 created under s. 339.64, and that have been identified as
2300 regionally significant in accordance with s. 339.155(4)(b), (c),
2301 and (d) s. 339.155(4)(c), (d), and (e).
2302 Section 45. Subsections (3) and (4) of section 339.63,
2303 Florida Statutes, are amended to read:
2304 339.63 System facilities designated; additions and
2305 deletions.—
2306 (3) After the initial designation of the Strategic
2307 Intermodal System under subsection (1), the department shall, in
2308 coordination with the metropolitan planning organizations, local
2309 governments, regional planning councils, transportation
2310 providers, and affected public agencies, add facilities to or
2311 delete facilities from the Strategic Intermodal System described
2312 in paragraphs (2)(b) and (c) based upon criteria adopted by the
2313 department.
2314 (4) After the initial designation of the Strategic
2315 Intermodal System under subsection (1), the department shall, in
2316 coordination with the metropolitan planning organizations, local
2317 governments, regional planning councils, transportation
2318 providers, and affected public agencies, add facilities to or
2319 delete facilities from the Strategic Intermodal System described
2320 in paragraph (2)(a) based upon criteria adopted by the
2321 department. However, an airport that is designated as a reliever
2322 airport to a Strategic Intermodal System airport which has at
2323 least 75,000 itinerant operations per year, has a runway length
2324 of at least 5,500 linear feet, is capable of handling aircraft
2325 weighing at least 60,000 pounds with a dual wheel configuration
2326 which is served by at least one precision instrument approach,
2327 and serves a cluster of aviation-dependent industries, shall be
2328 designated as part of the Strategic Intermodal System by the
2329 Secretary of Transportation upon the request of a reliever
2330 airport meeting this criteria.
2331 Section 46. Subsection (1) and paragraph (a) of subsection
2332 (3) of section 339.64, Florida Statutes, are amended to read:
2333 339.64 Strategic Intermodal System Plan.—
2334 (1) The department shall develop, in cooperation with
2335 metropolitan planning organizations, regional planning councils,
2336 local governments, and other transportation providers, a
2337 Strategic Intermodal System Plan. The plan shall be consistent
2338 with the Florida Transportation Plan developed pursuant to s.
2339 339.155 and shall be updated at least once every 5 years,
2340 subsequent to updates of the Florida Transportation Plan.
2341 (3)(a) During the development of updates to the Strategic
2342 Intermodal System Plan, the department shall provide
2343 metropolitan planning organizations, regional planning councils,
2344 local governments, transportation providers, affected public
2345 agencies, and citizens with an opportunity to participate in and
2346 comment on the development of the update.
2347 Section 47. Subsection (1) of section 341.041, Florida
2348 Statutes, is amended to read:
2349 341.041 Transit responsibilities of the department.—The
2350 department shall, within the resources provided pursuant to
2351 chapter 216:
2352 (1) Develop a statewide plan that provides for public
2353 transit and intercity bus service needs at least 5 years in
2354 advance. The plan shall be developed in a manner that will
2355 assure maximum use of existing facilities, and optimum
2356 integration and coordination of the various modes of
2357 transportation, including both governmentally owned and
2358 privately owned resources, in the most cost-effective manner
2359 possible. The plan shall also incorporate plans adopted by local
2360 and regional planning agencies which are consistent, to the
2361 maximum extent feasible, with adopted strategic policy plans and
2362 approved local government comprehensive plans for the region and
2363 units of local government covered by the plan and shall, insofar
2364 as practical, conform to federal planning requirements. The plan
2365 shall be consistent with the goals of the Florida Transportation
2366 Plan developed pursuant to s. 339.155.
2367 Section 48. Paragraph (b) of subsection (1) of section
2368 343.1004, Florida Statutes, is amended to read:
2369 343.1004 Commission powers and duties.—
2370 (1) The express purposes of the commission are to improve
2371 mobility and expand multimodal transportation options for
2372 persons and freight throughout the six-county North Florida
2373 region. The commission shall, at a minimum:
2374 (b) Research and develop an implementation plan that
2375 identifies available but not yet imposed, and potentially
2376 developable, sources of funding to execute the regional
2377 transportation plan. In developing the regional transportation
2378 plan, the commission shall review and coordinate with the future
2379 land use, capital improvements, and traffic circulation elements
2380 of the counties’ local government comprehensive plans, the
2381 Strategic Regional Policy Plan of the Northeast Florida Regional
2382 Council, and the schedules of other units of government having
2383 transit or transportation authority within whose jurisdictions
2384 the projects or improvements will be located in order to define
2385 and resolve potential inconsistencies between such plans and the
2386 commission’s regional transportation plan. The commission shall
2387 present the regional transportation plan and updates to the
2388 governing bodies of the constituent counties within 90 days
2389 after adoption. The commission shall update the regional
2390 transportation plan and the implementation plan at least every
2391 other year.
2392 Section 49. Section 343.1006, Florida Statutes, is amended
2393 to read:
2394 343.1006 Plan coordination with other agencies.—The
2395 regional transportation plan and implementation plan shall be
2396 forwarded to the North Florida Transportation Planning
2397 Organization for inclusion in its long-range transportation plan
2398 and other planning documents as required by law. To the extent
2399 feasible, the commission’s planning activities, including the
2400 development and adoption of the regional transportation plan and
2401 the implementation plan, shall be coordinated with the work of
2402 the North Florida Transportation Planning Organization, the
2403 Northeast Florida Regional Council, and the department.
2404 Section 50. Subsection (1) of section 343.1010, Florida
2405 Statutes, is amended to read:
2406 343.1010 Powers of commission are supplemental.—
2407 (1) The powers conferred by this part are supplemental to
2408 the existing powers of the North Florida Transportation Planning
2409 Organization, the Jacksonville Transportation Authority, the
2410 Northeast Florida Regional Council, the counties and the
2411 municipalities located therein, and the department. This part
2412 does not repeal any provisions of any other law, general,
2413 special, or local, but supplements such other laws in the
2414 exercise of the powers provided under this part and provides a
2415 complete method for the exercise of the powers granted in this
2416 part. The projects of the commission must comply with all
2417 applicable federal, state, and local laws. The projects of the
2418 commission undertaken pursuant to this part may be accomplished
2419 without regard to or necessity for compliance with the
2420 provisions, limitations, or restrictions contained in any other
2421 general, special, or local law except as specifically set forth
2422 in this part.
2423 Section 51. Paragraph (m) of subsection (3) of section
2424 343.54, Florida Statutes, is amended to read:
2425 343.54 Powers and duties.—
2426 (3) The authority may exercise all powers necessary,
2427 appurtenant, convenient, or incidental to the carrying out of
2428 the aforesaid purposes, including, but not limited to, the
2429 following rights and powers:
2430 (m) To cooperate with other governmental entities and to
2431 contract with other governmental agencies, including the
2432 Department of Transportation, the Federal Government, regional
2433 planning councils, counties, and municipalities.
2434 Section 52. Paragraph (e) of subsection (1) of section
2435 373.309, Florida Statutes, is amended to read:
2436 373.309 Authority to adopt rules and procedures.—
2437 (1) The department shall adopt, and may from time to time
2438 amend, rules governing the location, construction, repair, and
2439 abandonment of water wells and shall be responsible for the
2440 administration of this part. With respect thereto, the
2441 department shall:
2442 (e) Encourage prevention of potable water well
2443 contamination and promote cost-effective remediation of
2444 contaminated potable water supplies by use of the Water Quality
2445 Assurance Trust Fund as provided in s. 376.307(1)(e) and
2446 establish by rule:
2447 1. Delineation of areas of groundwater contamination for
2448 implementation of well location and construction, testing,
2449 permitting, and clearance requirements as set forth in
2450 subparagraphs 2., 3., 4., 5., and 6. The department shall make
2451 available to water management districts, regional planning
2452 councils, the Department of Health, and county building and
2453 zoning departments, maps or other information on areas of
2454 contamination, including areas of ethylene dibromide
2455 contamination. Such maps or other information shall be made
2456 available to property owners, realtors, real estate
2457 associations, property appraisers, and other interested persons
2458 upon request and upon payment of appropriate costs.
2459 2. Requirements for testing for suspected contamination in
2460 areas of known contamination, as a prerequisite for clearance of
2461 a water well for drinking purposes. The department is authorized
2462 to establish criteria for acceptance of water quality testing
2463 results from the Department of Health and laboratories certified
2464 by the Department of Health, and is authorized to establish
2465 requirements for sample collection quality assurance.
2466 3. Requirements for mandatory connection to available
2467 potable water systems in areas of known contamination, wherein
2468 the department may prohibit the permitting and construction of
2469 new potable water wells.
2470 4. Location and construction standards for public and all
2471 other potable water wells permitted in areas of contamination.
2472 Such standards shall be designed to minimize the effects of such
2473 contamination.
2474 5. A procedure for permitting all potable water wells in
2475 areas of known contamination. Any new water well that is to be
2476 used for drinking water purposes and that does not meet
2477 construction standards pursuant to subparagraph 4. must be
2478 abandoned and plugged by the owner. Water management districts
2479 shall implement, through delegation from the department, the
2480 permitting and enforcement responsibilities of this
2481 subparagraph.
2482 6. A procedure for clearing for use all potable water
2483 wells, except wells that serve a public water supply system, in
2484 areas of known contamination. If contaminants are found upon
2485 testing pursuant to subparagraph 2., a well may not be cleared
2486 for use without a filter or other means of preventing the users
2487 of the well from being exposed to deleterious amounts of
2488 contaminants. The Department of Health shall implement the
2489 responsibilities of this subparagraph.
2490 7. Fees to be paid for well construction permits and
2491 clearance for use. The fees shall be based on the actual costs
2492 incurred by the water management districts, the Department of
2493 Health, or other political subdivisions in carrying out the
2494 responsibilities related to potable water well permitting and
2495 clearance for use. The fees shall provide revenue to cover all
2496 such costs and shall be set according to the following schedule:
2497 a. The well construction permit fee may not exceed $500.
2498 b. The clearance fee may not exceed $50.
2499 8. Procedures for implementing well-location, construction,
2500 testing, permitting, and clearance requirements as set forth in
2501 subparagraphs 2.-6. within areas that research or monitoring
2502 data indicate are vulnerable to contamination with nitrate, or
2503 areas in which the department provides a subsidy for restoration
2504 or replacement of contaminated drinking water supplies through
2505 extending existing water lines or developing new water supply
2506 systems pursuant to s. 376.307(1)(e). The department shall
2507 consult with the Florida Ground Water Association in the process
2508 of developing rules pursuant to this subparagraph.
2509
2510 All fees and funds collected by each delegated entity pursuant
2511 to this part shall be deposited in the appropriate operating
2512 account of that entity.
2513 Section 53. Subsections (1) and (2) of section 373.415,
2514 Florida Statutes, are amended to read:
2515 373.415 Protection zones; duties of the St. Johns River
2516 Water Management District.—
2517 (1) Not later than November 1, 1988, the St. Johns River
2518 Water Management District shall adopt rules establishing
2519 protection zones adjacent to the watercourses in the Wekiva
2520 River System, as designated in s. 369.303(9) s. 369.303(10).
2521 Such protection zones shall be sufficiently wide to prevent harm
2522 to the Wekiva River System, including water quality, water
2523 quantity, hydrology, wetlands, and aquatic and wetland-dependent
2524 wildlife species, caused by any of the activities regulated
2525 under this part. Factors on which the widths of the protection
2526 zones shall be based shall include, but not be limited to:
2527 (a) The biological significance of the wetlands and uplands
2528 adjacent to the designated watercourses in the Wekiva River
2529 System, including the nesting, feeding, breeding, and resting
2530 needs of aquatic species and wetland-dependent wildlife species.
2531 (b) The sensitivity of these species to disturbance,
2532 including the short-term and long-term adaptability to
2533 disturbance of the more sensitive species, both migratory and
2534 resident.
2535 (c) The susceptibility of these lands to erosion, including
2536 the slope, soils, runoff characteristics, and vegetative cover.
2537
2538 In addition, the rules may establish permitting thresholds,
2539 permitting exemptions, or general permits, if such thresholds,
2540 exemptions, or general permits do not allow significant adverse
2541 impacts to the Wekiva River System to occur individually or
2542 cumulatively.
2543 (2) Notwithstanding the provisions of s. 120.60, the St.
2544 Johns River Water Management District may shall not issue any
2545 permit under this part within the Wekiva River Protection Area,
2546 as defined in s. 369.303(8) s. 369.303(9), until the appropriate
2547 local government has provided written notification to the
2548 district that the proposed activity is consistent with the local
2549 comprehensive plan and is in compliance with any land
2550 development regulation in effect in the area where the
2551 development will take place. The district may, however, inform
2552 any property owner who makes a request for such information as
2553 to the location of the protection zone or zones on his or her
2554 property. However, if a development proposal is amended as the
2555 result of the review by the district, a permit may be issued
2556 prior to the development proposal being returned, if necessary,
2557 to the local government for additional review.
2558 Section 54. Paragraph (k) of subsection (2) of section
2559 377.703, Florida Statutes, is amended to read:
2560 377.703 Additional functions of the Department of
2561 Agriculture and Consumer Services.—
2562 (2) DUTIES.—The department shall perform the following
2563 functions, unless as otherwise provided, consistent with the
2564 development of a state energy policy:
2565 (k) The department shall coordinate energy-related programs
2566 of state government, including, but not limited to, the programs
2567 provided in this section. To this end, the department shall:
2568 1. Provide assistance to other state agencies, counties,
2569 and municipalities, and regional planning agencies to further
2570 and promote their energy planning activities.
2571 2. Require, in cooperation with the Department of
2572 Management Services, all state agencies to operate state-owned
2573 and state-leased buildings in accordance with energy
2574 conservation standards as adopted by the Department of
2575 Management Services. Every 3 months, the Department of
2576 Management Services shall furnish the department data on
2577 agencies’ energy consumption and emissions of greenhouse gases
2578 in a format prescribed by the department.
2579 3. Promote the development and use of renewable energy
2580 resources, energy efficiency technologies, and conservation
2581 measures.
2582 4. Promote the recovery of energy from wastes, including,
2583 but not limited to, the use of waste heat, the use of
2584 agricultural products as a source of energy, and recycling of
2585 manufactured products. Such promotion shall be conducted in
2586 conjunction with, and after consultation with, the Department of
2587 Environmental Protection and the Florida Public Service
2588 Commission where electrical generation or natural gas is
2589 involved, and any other relevant federal, state, or local
2590 governmental agency having responsibility for resource recovery
2591 programs.
2592 Section 55. Subsection (3) of section 378.411, Florida
2593 Statutes, is amended to read:
2594 378.411 Certification to receive notices of intent to mine,
2595 to review, and to inspect for compliance.—
2596 (3) In making his or her determination, the secretary shall
2597 consult with the Department of Economic Opportunity, the
2598 appropriate regional planning council, and the appropriate water
2599 management district.
2600 Section 56. Subsection (2) of section 380.045, Florida
2601 Statutes, is amended to read:
2602 380.045 Resource planning and management committees;
2603 objectives; procedures.—
2604 (2) The committee shall include, but shall not be limited
2605 to, representation from each of the following: elected officials
2606 from the local governments within the area under study; the
2607 planning office of each of the local governments within the area
2608 under study; the state land planning agency; any other state
2609 agency under chapter 20 a representative of which the Governor
2610 feels is relevant to the compilation of the committee; and a
2611 water management district, if appropriate, and regional planning
2612 council all or part of whose jurisdiction lies within the area
2613 under study. After the appointment of the members, the Governor
2614 shall select a chair and vice chair. A staff member of the state
2615 land planning agency shall be appointed by the director of such
2616 agency to serve as the secretary of the committee. The state
2617 land planning agency shall, to the greatest extent possible,
2618 provide technical assistance and administrative support to the
2619 committee. Meetings will be called as needed by the chair or on
2620 the demand of three or more members of the committee. The
2621 committee will act on a simple majority of a quorum present and
2622 shall make a report within 6 months to the head of the state
2623 land planning agency. The committee shall, from the time of
2624 appointment, remain in existence for no less than 6 months.
2625 Section 57. Subsection (3) of section 380.055, Florida
2626 Statutes, is amended to read:
2627 380.055 Big Cypress Area.—
2628 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big
2629 Cypress Area,” as defined in this subsection, is hereby
2630 designated as an area of critical state concern. “Big Cypress
2631 Area” means the area generally depicted on the map entitled
2632 “Boundary Map, Big Cypress National Freshwater Reserve,
2633 Florida,” numbered BC-91,001 and dated November 1971, which is
2634 on file and available for public inspection in the office of the
2635 National Park Service, Department of the Interior, Washington,
2636 D.C., and in the office of the Board of Trustees of the Internal
2637 Improvement Trust Fund, which is the area proposed as the
2638 Federal Big Cypress National Freshwater Reserve, Florida, and
2639 that area described as follows: Sections 1, 2, 11, 12 and 13 in
2640 Township 49 South, Range 31 East; and Township 49 South, Range
2641 32 East, less Sections 19, 30 and 31; and Township 49 South,
2642 Range 33 East; and Township 49 South, Range 34 East; and
2643 Sections 1 through 5 and 10 through 14 in Township 50 South,
2644 Range 32 East; and Sections 1 through 18 and 20 through 25 in
2645 Township 50 South, Range 33 East; and Township 50 South, Range
2646 34 East, less Section 31; and Sections 1 and 2 in Township 51
2647 South, Range 34 East; All in Collier County, Florida, which
2648 described area shall be known as the “Big Cypress National
2649 Preserve Addition, Florida,” together with such contiguous land
2650 and water areas as are ecologically linked with the Everglades
2651 National Park, certain of the estuarine fisheries of South
2652 Florida, or the freshwater aquifer of South Florida, the
2653 definitive boundaries of which shall be set in the following
2654 manner: Within 120 days following the effective date of this
2655 act, the state land planning agency shall recommend definitive
2656 boundaries for the Big Cypress Area to the Administration
2657 Commission, after giving notice to all local governments and
2658 regional planning agencies which include within their boundaries
2659 any part of the area proposed to be included in the Big Cypress
2660 Area and holding such hearings as the state land planning agency
2661 deems appropriate. Within 45 days following receipt of the
2662 recommended boundaries, the Administration Commission shall
2663 adopt, modify, or reject the recommendation and shall by rule
2664 establish the boundaries of the area defined as the Big Cypress
2665 Area.
2666 Section 58. Subsection (2) of section 380.07, Florida
2667 Statutes, is amended to read:
2668 380.07 Florida Land and Water Adjudicatory Commission.—
2669 (2) Whenever any local government issues any development
2670 order in any area of critical state concern, or in regard to any
2671 development of regional impact, copies of such orders as
2672 prescribed by rule by the state land planning agency shall be
2673 transmitted to the state land planning agency, the regional
2674 planning agency, and the owner or developer of the property
2675 affected by such order. The state land planning agency shall
2676 adopt rules describing development order rendition and
2677 effectiveness in designated areas of critical state concern.
2678 Within 45 days after the order is rendered, the owner, the
2679 developer, or the state land planning agency may appeal the
2680 order to the Florida Land and Water Adjudicatory Commission by
2681 filing a petition alleging that the development order is not
2682 consistent with the provisions of this part. The appropriate
2683 regional planning agency by vote at a regularly scheduled
2684 meeting may recommend that the state land planning agency
2685 undertake an appeal of a development-of-regional-impact
2686 development order. Upon the request of an appropriate regional
2687 planning council, affected local government, or any citizen, the
2688 state land planning agency shall consider whether to appeal the
2689 order and shall respond to the request within the 45-day appeal
2690 period.
2691 Section 59. Subsection (3) of section 380.507, Florida
2692 Statutes, is amended to read:
2693 380.507 Powers of the trust.—The trust shall have all the
2694 powers necessary or convenient to carry out the purposes and
2695 provisions of this part, including:
2696 (3) To provide technical and financial assistance to local
2697 governments, state agencies, water management districts,
2698 regional planning councils, and nonprofit agencies to carry out
2699 projects and activities and develop programs to achieve the
2700 purposes of this part.
2701 Section 60. Subsection (6) of section 403.0752, Florida
2702 Statutes, is amended to read:
2703 403.0752 Ecosystem management agreements.—
2704 (6) The secretary of the department may form ecosystem
2705 management advisory teams for consultation and participation in
2706 the preparation of an ecosystem management agreement. The
2707 secretary shall request the participation of at least the state
2708 and regional and local government entities having regulatory
2709 authority over the activities to be subject to the ecosystem
2710 management agreement. Such teams may also include
2711 representatives of other participating or advisory government
2712 agencies, which may include regional planning councils, private
2713 landowners, public landowners and managers, public and private
2714 utilities, corporations, and environmental interests. Team
2715 members shall be selected in a manner that ensures adequate
2716 representation of the diverse interests and perspectives within
2717 the designated ecosystem. Participation by any department of
2718 state government is at the discretion of that agency.
2719 Section 61. Section 403.50663, Florida Statutes, is amended
2720 to read:
2721 403.50663 Informational public meetings.—
2722 (1) A local government within whose jurisdiction the power
2723 plant is proposed to be sited may hold one informational public
2724 meeting in addition to the hearings specifically authorized by
2725 this act on any matter associated with the electrical power
2726 plant proceeding. Such informational public meetings shall be
2727 held by the local government or by the regional planning council
2728 if the local government does not hold such meeting within 70
2729 days after the filing of the application. The purpose of an
2730 informational public meeting is for the local government or
2731 regional planning council to further inform the public about the
2732 proposed electrical power plant or associated facilities, obtain
2733 comments from the public, and formulate its recommendation with
2734 respect to the proposed electrical power plant.
2735 (2) Informational public meetings shall be held solely at
2736 the option of each local government or regional planning council
2737 if a public meeting is not held by the local government. It is
2738 the legislative intent that local governments or regional
2739 planning councils attempt to hold such public meetings. Parties
2740 to the proceedings under this act shall be encouraged to attend;
2741 however, no party other than the applicant and the department
2742 shall be required to attend such informational public meetings.
2743 (3) A local government or regional planning council that
2744 intends to conduct an informational public meeting must provide
2745 notice of the meeting to all parties not less than 5 days prior
2746 to the meeting and to the general public in accordance with s.
2747 403.5115(5). The expense for such notice is eligible for
2748 reimbursement under s. 403.518(2)(c)1.
2749 (4) The failure to hold an informational public meeting or
2750 the procedure used for the informational public meeting is not
2751 grounds for the alteration of any time limitation in this act
2752 under s. 403.5095 or grounds to deny or condition certification.
2753 Section 62. Paragraph (a) of subsection (2) of section
2754 403.507, Florida Statutes, is amended to read:
2755 403.507 Preliminary statements of issues, reports, project
2756 analyses, and studies.—
2757 (2)(a) No later than 100 days after the certification
2758 application has been determined complete, the following agencies
2759 shall prepare reports as provided below and shall submit them to
2760 the department and the applicant, unless a final order denying
2761 the determination of need has been issued under s. 403.519:
2762 1. The Department of Economic Opportunity shall prepare a
2763 report containing recommendations which address the impact upon
2764 the public of the proposed electrical power plant, based on the
2765 degree to which the electrical power plant is consistent with
2766 the applicable portions of the state comprehensive plan,
2767 emergency management, and other such matters within its
2768 jurisdiction. The Department of Economic Opportunity may also
2769 comment on the consistency of the proposed electrical power
2770 plant with applicable strategic regional policy plans or local
2771 comprehensive plans and land development regulations.
2772 2. The water management district shall prepare a report as
2773 to matters within its jurisdiction, including but not limited
2774 to, the impact of the proposed electrical power plant on water
2775 resources, regional water supply planning, and district-owned
2776 lands and works.
2777 3. Each local government in whose jurisdiction the proposed
2778 electrical power plant is to be located shall prepare a report
2779 as to the consistency of the proposed electrical power plant
2780 with all applicable local ordinances, regulations, standards, or
2781 criteria that apply to the proposed electrical power plant,
2782 including any applicable local environmental regulations adopted
2783 pursuant to s. 403.182 or by other means.
2784 4. The Fish and Wildlife Conservation Commission shall
2785 prepare a report as to matters within its jurisdiction.
2786 5. Each regional planning council shall prepare a report
2787 containing recommendations that address the impact upon the
2788 public of the proposed electrical power plant, based on the
2789 degree to which the electrical power plant is consistent with
2790 the applicable provisions of the strategic regional policy plan
2791 adopted pursuant to chapter 186 and other matters within its
2792 jurisdiction.
2793 5.6. The Department of Transportation shall address the
2794 impact of the proposed electrical power plant on matters within
2795 its jurisdiction.
2796 Section 63. Paragraph (a) of subsection (3) and paragraph
2797 (a) of subsection (4) of section 403.508, Florida Statutes, are
2798 amended to read:
2799 403.508 Land use and certification hearings, parties,
2800 participants.—
2801 (3)(a) Parties to the proceeding shall include:
2802 1. The applicant.
2803 2. The Public Service Commission.
2804 3. The Department of Economic Opportunity.
2805 4. The Fish and Wildlife Conservation Commission.
2806 5. The water management district.
2807 6. The department.
2808 7. The regional planning council.
2809 7.8. The local government.
2810 8.9. The Department of Transportation.
2811 (4)(a) The order of presentation at the certification
2812 hearing, unless otherwise changed by the administrative law
2813 judge to ensure the orderly presentation of witnesses and
2814 evidence, shall be:
2815 1. The applicant.
2816 2. The department.
2817 3. State agencies.
2818 4. Regional agencies, including regional planning councils
2819 and water management districts.
2820 5. Local governments.
2821 6. Other parties.
2822 Section 64. Subsection (5), paragraph (a) of subsection
2823 (6), and paragraph (a) of subsection (7) of section 403.5115,
2824 Florida Statutes, are amended to read:
2825 403.5115 Public notice.—
2826 (5) A local government or regional planning council that
2827 proposes to conduct an informational public meeting pursuant to
2828 s. 403.50663 must publish notice of the meeting in a newspaper
2829 of general circulation within the county or counties in which
2830 the proposed electrical power plant will be located no later
2831 than 7 days prior to the meeting. A newspaper of general
2832 circulation shall be the newspaper that has the largest daily
2833 circulation in that county and has its principal office in that
2834 county. If the newspaper with the largest daily circulation has
2835 its principal office outside the county, the notices shall
2836 appear in both the newspaper having the largest circulation in
2837 that county and in a newspaper authorized to publish legal
2838 notices in that county.
2839 (6)(a) A good faith effort shall be made by the applicant
2840 to provide direct written notice of the filing of an application
2841 for certification by United States mail or hand delivery no
2842 later than 45 days after filing of the application to all local
2843 landowners whose property, as noted in the most recent local
2844 government tax records, and residences are located within the
2845 following distances of the proposed project:
2846 1. Three miles of the proposed main site boundaries of the
2847 proposed electrical power plant.
2848 2. One-quarter mile for a transmission line corridor that
2849 only includes a transmission line as defined by s. 403.522(21)
2850 s. 403.522(22).
2851 3. One-quarter mile for all other linear associated
2852 facilities extending away from the main site boundary except for
2853 a transmission line corridor that includes a transmission line
2854 that operates below those defined by s. 403.522(21) s.
2855 403.522(22).
2856 (7)(a) A good faith effort shall be made by the proponent
2857 of an alternate corridor that includes a transmission line, as
2858 defined by s. 403.522(21) s. 403.522(22), to provide direct
2859 written notice of the filing of an alternate corridor for
2860 certification by United States mail or hand delivery of the
2861 filing no later than 30 days after filing of the alternate
2862 corridor to all local landowners whose property, as noted in the
2863 most recent local government tax records, and residences, are
2864 located within one-quarter mile of the proposed boundaries of a
2865 transmission line corridor that includes a transmission line as
2866 defined by s. 403.522(21) s. 403.522(22).
2867 Section 65. Paragraph (c) of subsection (2) of section
2868 403.518, Florida Statutes, is amended to read:
2869 403.518 Fees; disposition.—The department shall charge the
2870 applicant the following fees, as appropriate, which, unless
2871 otherwise specified, shall be paid into the Florida Permit Fee
2872 Trust Fund:
2873 (2) An application fee, which shall not exceed $200,000.
2874 The fee shall be fixed by rule on a sliding scale related to the
2875 size, type, ultimate site capacity, or increase in electrical
2876 generating capacity proposed by the application.
2877 (c)1. Upon written request with proper itemized accounting
2878 within 90 days after final agency action by the board or
2879 department or withdrawal of the application, the agencies that
2880 prepared reports pursuant to s. 403.507 or participated in a
2881 hearing pursuant to s. 403.508 may submit a written request to
2882 the department for reimbursement of expenses incurred during the
2883 certification proceedings. The request must shall contain an
2884 accounting of expenses incurred which may include time spent
2885 reviewing the application, preparation of any studies required
2886 of the agencies by this act, agency travel and per diem to
2887 attend any hearing held pursuant to this act, and for any local
2888 government’s or regional planning council’s provision of notice
2889 of public meetings required as a result of the application for
2890 certification. The department shall review the request and
2891 verify that the expenses are valid. Valid expenses shall be
2892 reimbursed; however, if in the event the amount of funds
2893 available for reimbursement is insufficient to provide for full
2894 compensation to the agencies requesting reimbursement,
2895 reimbursement shall be on a prorated basis.
2896 2. If the application review is held in abeyance for more
2897 than 1 year, the agencies may submit a request for
2898 reimbursement. This time period shall be measured from the date
2899 the applicant has provided written notification to the
2900 department that it desires to have the application review
2901 process placed on hold. The fee disbursement shall be processed
2902 in accordance with subparagraph 1.
2903 Section 66. Paragraph (a) of subsection (2) of section
2904 403.526, Florida Statutes, is amended to read:
2905 403.526 Preliminary statements of issues, reports, and
2906 project analyses; studies.—
2907 (2)(a) No later than 90 days after the filing of the
2908 application, the following agencies shall prepare reports as
2909 provided below, unless a final order denying the determination
2910 of need has been issued under s. 403.537:
2911 1. The department shall prepare a report as to the impact
2912 of each proposed transmission line or corridor as it relates to
2913 matters within its jurisdiction.
2914 2. Each water management district in the jurisdiction of
2915 which a proposed transmission line or corridor is to be located
2916 shall prepare a report as to the impact on water resources and
2917 other matters within its jurisdiction.
2918 3. The Department of Economic Opportunity shall prepare a
2919 report containing recommendations which address the impact upon
2920 the public of the proposed transmission line or corridor, based
2921 on the degree to which the proposed transmission line or
2922 corridor is consistent with the applicable portions of the state
2923 comprehensive plan, emergency management, and other matters
2924 within its jurisdiction. The Department of Economic Opportunity
2925 may also comment on the consistency of the proposed transmission
2926 line or corridor with applicable strategic regional policy plans
2927 or local comprehensive plans and land development regulations.
2928 4. The Fish and Wildlife Conservation Commission shall
2929 prepare a report as to the impact of each proposed transmission
2930 line or corridor on fish and wildlife resources and other
2931 matters within its jurisdiction.
2932 5. Each local government shall prepare a report as to the
2933 impact of each proposed transmission line or corridor on matters
2934 within its jurisdiction, including the consistency of the
2935 proposed transmission line or corridor with all applicable local
2936 ordinances, regulations, standards, or criteria that apply to
2937 the proposed transmission line or corridor, including local
2938 comprehensive plans, zoning regulations, land development
2939 regulations, and any applicable local environmental regulations
2940 adopted pursuant to s. 403.182 or by other means. A change by
2941 the responsible local government or local agency in local
2942 comprehensive plans, zoning ordinances, or other regulations
2943 made after the date required for the filing of the local
2944 government’s report required by this section is not applicable
2945 to the certification of the proposed transmission line or
2946 corridor unless the certification is denied or the application
2947 is withdrawn.
2948 6. Each regional planning council shall present a report
2949 containing recommendations that address the impact upon the
2950 public of the proposed transmission line or corridor based on
2951 the degree to which the transmission line or corridor is
2952 consistent with the applicable provisions of the strategic
2953 regional policy plan adopted under chapter 186 and other impacts
2954 of each proposed transmission line or corridor on matters within
2955 its jurisdiction.
2956 6.7. The Department of Transportation shall prepare a
2957 report as to the impact of the proposed transmission line or
2958 corridor on state roads, railroads, airports, aeronautics,
2959 seaports, and other matters within its jurisdiction.
2960 7.8. The commission shall prepare a report containing its
2961 determination under s. 403.537, and the report may include the
2962 comments from the commission with respect to any other subject
2963 within its jurisdiction.
2964 8.9. Any other agency, if requested by the department,
2965 shall also perform studies or prepare reports as to subjects
2966 within the jurisdiction of the agency which may potentially be
2967 affected by the proposed transmission line.
2968 Section 67. Paragraph (a) of subsection (2) and paragraph
2969 (a) of subsection (3) of section 403.527, Florida Statutes, are
2970 amended to read:
2971 403.527 Certification hearing, parties, participants.—
2972 (2)(a) Parties to the proceeding shall be:
2973 1. The applicant.
2974 2. The department.
2975 3. The commission.
2976 4. The Department of Economic Opportunity.
2977 5. The Fish and Wildlife Conservation Commission.
2978 6. The Department of Transportation.
2979 7. Each water management district in the jurisdiction of
2980 which the proposed transmission line or corridor is to be
2981 located.
2982 8. The local government.
2983 9. The regional planning council.
2984 (3)(a) The order of presentation at the certification
2985 hearing, unless otherwise changed by the administrative law
2986 judge to ensure the orderly presentation of witnesses and
2987 evidence, shall be:
2988 1. The applicant.
2989 2. The department.
2990 3. State agencies.
2991 4. Regional agencies, including regional planning councils
2992 and water management districts.
2993 5. Local governments.
2994 6. Other parties.
2995 Section 68. Section 403.5272, Florida Statutes, is amended
2996 to read:
2997 403.5272 Informational public meetings.—
2998 (1) A local government whose jurisdiction is to be crossed
2999 by a proposed corridor may hold one informational public meeting
3000 in addition to the hearings specifically authorized by this act
3001 on any matter associated with the transmission line proceeding.
3002 The informational public meeting may be conducted by the local
3003 government or the regional planning council and shall be held no
3004 later than 55 days after the application is filed. The purpose
3005 of an informational public meeting is for the local government
3006 or regional planning council to further inform the public about
3007 the transmission line proposed, obtain comments from the public,
3008 and formulate its recommendation with respect to the proposed
3009 transmission line.
3010 (2) Informational public meetings shall be held solely at
3011 the option of each local government or regional planning
3012 council. It is the legislative intent that local governments or
3013 regional planning councils attempt to hold such public meetings.
3014 Parties to the proceedings under this act shall be encouraged to
3015 attend; however, a party other than the applicant and the
3016 department is not required to attend the informational public
3017 meetings.
3018 (3) A local government or regional planning council that
3019 intends to conduct an informational public meeting must provide
3020 notice of the meeting, with notice sent to all parties listed in
3021 s. 403.527(2)(a), not less than 15 days before the meeting and
3022 to the general public in accordance with s. 403.5363(4).
3023 (4) The failure to hold an informational public meeting or
3024 the procedure used for the informational public meeting is not
3025 grounds for the alteration of any time limitation in this act
3026 under s. 403.528 or grounds to deny or condition certification.
3027 Section 69. Subsection (4), paragraph (a) of subsection
3028 (5), and paragraph (a) of subsection (6) of section 403.5363,
3029 Florida Statutes, are amended to read:
3030 403.5363 Public notices; requirements.—
3031 (4) A local government or regional planning council that
3032 proposes to conduct an informational public meeting pursuant to
3033 s. 403.5272 must publish notice of the meeting in a newspaper of
3034 general circulation within the county or counties in which the
3035 proposed electrical transmission line will be located no later
3036 than 7 days prior to the meeting. A newspaper of general
3037 circulation shall be the newspaper that has the largest daily
3038 circulation in that county and has its principal office in that
3039 county. If the newspaper with the largest daily circulation has
3040 its principal office outside the county, the notices shall
3041 appear in both the newspaper having the largest circulation in
3042 that county and in a newspaper authorized to publish legal
3043 notices in that county.
3044 (5)(a) A good faith effort shall be made by the applicant
3045 to provide direct notice of the filing of an application for
3046 certification by United States mail or hand delivery no later
3047 than 45 days after filing of the application to all local
3048 landowners whose property, as noted in the most recent local
3049 government tax records, and residences are located within one
3050 quarter mile of the proposed boundaries of a transmission line
3051 corridor that only includes a transmission line as defined by s.
3052 403.522(21) s. 403.522(22).
3053 (6)(a) A good faith effort shall be made by the proponent
3054 of an alternate corridor that includes a transmission line, as
3055 defined by s. 403.522(21) s. 403.522(22), to provide direct
3056 notice of the filing of an alternate corridor for certification
3057 by United States mail or hand delivery of the filing no later
3058 than 30 days after filing of the alternate corridor to all local
3059 landowners whose property, as noted in the most recent local
3060 government tax records, and residences are located within one
3061 quarter mile of the proposed boundaries of a transmission line
3062 corridor that includes a transmission line as defined by s.
3063 403.522(21) s. 403.522(22).
3064 Section 70. Paragraph (d) of subsection (1) of section
3065 403.5365, Florida Statutes, is amended to read:
3066 403.5365 Fees; disposition.—The department shall charge the
3067 applicant the following fees, as appropriate, which, unless
3068 otherwise specified, shall be paid into the Florida Permit Fee
3069 Trust Fund:
3070 (1) An application fee.
3071 (d)1. Upon written request with proper itemized accounting
3072 within 90 days after final agency action by the siting board or
3073 the department or the written notification of the withdrawal of
3074 the application, the agencies that prepared reports under s.
3075 403.526 or s. 403.5271 or participated in a hearing under s.
3076 403.527 or s. 403.5271 may submit a written request to the
3077 department for reimbursement of expenses incurred during the
3078 certification proceedings. The request must contain an
3079 accounting of expenses incurred, which may include time spent
3080 reviewing the application, preparation of any studies required
3081 of the agencies by this act, agency travel and per diem to
3082 attend any hearing held under this act, and for the local
3083 government or regional planning council providing additional
3084 notice of the informational public meeting. The department shall
3085 review the request and verify whether a claimed expense is
3086 valid. Valid expenses shall be reimbursed; however, if the
3087 amount of funds available for reimbursement is insufficient to
3088 provide for full compensation to the agencies, reimbursement
3089 shall be on a prorated basis.
3090 2. If the application review is held in abeyance for more
3091 than 1 year, the agencies may submit a request for reimbursement
3092 under subparagraph 1. This time period shall be measured from
3093 the date the applicant has provided written notification to the
3094 department that it desires to have the application review
3095 process placed on hold. The fee disbursement shall be processed
3096 in accordance with subparagraph 1.
3097 Section 71. Paragraphs (a) and (d) of subsection (1) of
3098 section 403.537, Florida Statutes, are amended to read:
3099 403.537 Determination of need for transmission line; powers
3100 and duties.—
3101 (1)(a) Upon request by an applicant or upon its own motion,
3102 the Florida Public Service Commission shall schedule a public
3103 hearing, after notice, to determine the need for a transmission
3104 line regulated by the Florida Electric Transmission Line Siting
3105 Act, ss. 403.52-403.5365. The notice shall be published at least
3106 21 days before the date set for the hearing and shall be
3107 published by the applicant in at least one-quarter page size
3108 notice in newspapers of general circulation, and by the
3109 commission in the manner specified in chapter 120, by giving
3110 notice to counties and regional planning councils in whose
3111 jurisdiction the transmission line could be placed, and by
3112 giving notice to any persons who have requested to be placed on
3113 the mailing list of the commission for this purpose. Within 21
3114 days after receipt of a request for determination by an
3115 applicant, the commission shall set a date for the hearing. The
3116 hearing shall be held pursuant to s. 350.01 within 45 days after
3117 the filing of the request, and a decision shall be rendered
3118 within 60 days after such filing.
3119 (d) The determination by the commission of the need for the
3120 transmission line, as defined in s. 403.522(21) s. 403.522(22),
3121 is binding on all parties to any certification proceeding under
3122 the Florida Electric Transmission Line Siting Act and is a
3123 condition precedent to the conduct of the certification hearing
3124 prescribed therein. An order entered pursuant to this section
3125 constitutes final agency action.
3126 Section 72. Subsection (17) of section 403.704, Florida
3127 Statutes, is amended to read:
3128 403.704 Powers and duties of the department.—The department
3129 shall have responsibility for the implementation and enforcement
3130 of this act. In addition to other powers and duties, the
3131 department shall:
3132 (17) Provide technical assistance to local governments and
3133 regional agencies to ensure consistency between county hazardous
3134 waste management assessments; coordinate the development of such
3135 assessments with the assistance of the appropriate regional
3136 planning councils; and review and make recommendations to the
3137 Legislature relative to the sufficiency of the assessments to
3138 meet state hazardous waste management needs.
3139 Section 73. Subsection (1) of section 403.7226, Florida
3140 Statutes, is amended to read:
3141 403.7226 Technical assistance by the department.—The
3142 department shall:
3143 (1) Provide technical assistance to county governments and
3144 regional planning councils to ensure consistency in implementing
3145 local hazardous waste management assessments as provided in ss.
3146 403.7225, 403.7234, and 403.7236. In order to ensure that each
3147 local assessment is properly implemented and that all
3148 information gathered during the assessment is uniformly compiled
3149 and documented, each county or regional planning council shall
3150 contact the department during the preparation of the local
3151 assessment to receive technical assistance. Each county or
3152 regional planning council shall follow guidelines established by
3153 the department, and adopted by rule as appropriate, in order to
3154 properly implement these assessments.
3155 Section 74. Paragraph (a) of subsection (2) of section
3156 403.941, Florida Statutes, is amended to read:
3157 403.941 Preliminary statements of issues, reports, and
3158 studies.—
3159 (2)(a) The affected agencies shall prepare reports as
3160 provided in this paragraph and shall submit them to the
3161 department and the applicant within 60 days after the
3162 application is determined sufficient:
3163 1. The department shall prepare a report as to the impact
3164 of each proposed natural gas transmission pipeline or corridor
3165 as it relates to matters within its jurisdiction.
3166 2. Each water management district in the jurisdiction of
3167 which a proposed natural gas transmission pipeline or corridor
3168 is to be located shall prepare a report as to the impact on
3169 water resources and other matters within its jurisdiction.
3170 3. The Department of Economic Opportunity shall prepare a
3171 report containing recommendations which address the impact upon
3172 the public of the proposed natural gas transmission pipeline or
3173 corridor, based on the degree to which the proposed natural gas
3174 transmission pipeline or corridor is consistent with the
3175 applicable portions of the state comprehensive plan and other
3176 matters within its jurisdiction. The Department of Economic
3177 Opportunity may also comment on the consistency of the proposed
3178 natural gas transmission pipeline or corridor with applicable
3179 strategic regional policy plans or local comprehensive plans and
3180 land development regulations.
3181 4. The Fish and Wildlife Conservation Commission shall
3182 prepare a report as to the impact of each proposed natural gas
3183 transmission pipeline or corridor on fish and wildlife resources
3184 and other matters within its jurisdiction.
3185 5. Each local government in which the natural gas
3186 transmission pipeline or natural gas transmission pipeline
3187 corridor will be located shall prepare a report as to the impact
3188 of each proposed natural gas transmission pipeline or corridor
3189 on matters within its jurisdiction, including the consistency of
3190 the proposed natural gas transmission pipeline or corridor with
3191 all applicable local ordinances, regulations, standards, or
3192 criteria that apply to the proposed natural gas transmission
3193 pipeline or corridor, including local comprehensive plans,
3194 zoning regulations, land development regulations, and any
3195 applicable local environmental regulations adopted pursuant to
3196 s. 403.182 or by other means. No change by the responsible local
3197 government or local agency in local comprehensive plans, zoning
3198 ordinances, or other regulations made after the date required
3199 for the filing of the local government’s report required by this
3200 section shall be applicable to the certification of the proposed
3201 natural gas transmission pipeline or corridor unless the
3202 certification is denied or the application is withdrawn.
3203 6. Each regional planning council in which the natural gas
3204 transmission pipeline or natural gas transmission pipeline
3205 corridor will be located shall present a report containing
3206 recommendations that address the impact upon the public of the
3207 proposed natural gas transmission pipeline or corridor, based on
3208 the degree to which the natural gas transmission pipeline or
3209 corridor is consistent with the applicable provisions of the
3210 strategic regional policy plan adopted pursuant to chapter 186
3211 and other impacts of each proposed natural gas transmission
3212 pipeline or corridor on matters within its jurisdiction.
3213 6.7. The Department of Transportation shall prepare a
3214 report on the effect of the natural gas transmission pipeline or
3215 natural gas transmission pipeline corridor on matters within its
3216 jurisdiction, including roadway crossings by the pipeline. The
3217 report shall contain at a minimum:
3218 a. A report by the applicant to the department stating that
3219 all requirements of the department’s utilities accommodation
3220 guide have been or will be met in regard to the proposed
3221 pipeline or pipeline corridor; and
3222 b. A statement by the department as to the adequacy of the
3223 report to the department by the applicant.
3224 7.8. The Department of State, Division of Historical
3225 Resources, shall prepare a report on the impact of the natural
3226 gas transmission pipeline or natural gas transmission pipeline
3227 corridor on matters within its jurisdiction.
3228 8.9. The commission shall prepare a report addressing
3229 matters within its jurisdiction. The commission’s report shall
3230 include its determination of need issued pursuant to s.
3231 403.9422.
3232 Section 75. Paragraph (a) of subsection (4) and subsection
3233 (6) of section 403.9411, Florida Statutes, are amended to read:
3234 403.9411 Notice; proceedings; parties and participants.—
3235 (4)(a) Parties to the proceeding shall be:
3236 1. The applicant.
3237 2. The department.
3238 3. The commission.
3239 4. The Department of Economic Opportunity.
3240 5. The Fish and Wildlife Conservation Commission.
3241 6. Each water management district in the jurisdiction of
3242 which the proposed natural gas transmission pipeline or corridor
3243 is to be located.
3244 7. The local government.
3245 8. The regional planning council.
3246 8.9. The Department of Transportation.
3247 9.10. The Department of State, Division of Historical
3248 Resources.
3249 (6) The order of presentation at the certification hearing,
3250 unless otherwise changed by the administrative law judge to
3251 ensure the orderly presentation of witnesses and evidence, shall
3252 be:
3253 (a) The applicant.
3254 (b) The department.
3255 (c) State agencies.
3256 (d) Regional agencies, including regional planning councils
3257 and water management districts.
3258 (e) Local governments.
3259 (f) Other parties.
3260 Section 76. Paragraph (a) of subsection (1) of section
3261 403.9422, Florida Statutes, is amended to read:
3262 403.9422 Determination of need for natural gas transmission
3263 pipeline; powers and duties.—
3264 (1)(a) Upon request by an applicant or upon its own motion,
3265 the commission shall schedule a public hearing, after notice, to
3266 determine the need for a natural gas transmission pipeline
3267 regulated by ss. 403.9401-403.9425. Such notice shall be
3268 published at least 45 days before the date set for the hearing
3269 and shall be published in at least one-quarter page size in
3270 newspapers of general circulation and in the Florida
3271 Administrative Register, by giving notice to counties and
3272 regional planning councils in whose jurisdiction the natural gas
3273 transmission pipeline could be placed, and by giving notice to
3274 any persons who have requested to be placed on the mailing list
3275 of the commission for this purpose. Within 21 days after receipt
3276 of a request for determination by an applicant, the commission
3277 shall set a date for the hearing. The hearing shall be held
3278 pursuant to s. 350.01 within 75 days after the filing of the
3279 request, and a decision shall be rendered within 90 days after
3280 such filing.
3281 Section 77. Subsection (4) of section 403.973, Florida
3282 Statutes, is amended to read:
3283 403.973 Expedited permitting; amendments to comprehensive
3284 plans.—
3285 (4) The regional teams shall be established through the
3286 execution of a project-specific memorandum of agreement
3287 developed and executed by the applicant and the secretary, with
3288 input solicited from the respective heads of the Department of
3289 Transportation and its district offices, the Department of
3290 Agriculture and Consumer Services, the Fish and Wildlife
3291 Conservation Commission, appropriate regional planning councils,
3292 appropriate water management districts, and voluntarily
3293 participating municipalities and counties. The memorandum of
3294 agreement should also accommodate participation in this
3295 expedited process by other local governments and federal
3296 agencies as circumstances warrant.
3297 Section 78. Paragraphs (b) and (d) of subsection (1) of
3298 section 408.033, Florida Statutes, are amended to read:
3299 408.033 Local and state health planning.—
3300 (1) LOCAL HEALTH COUNCILS.—
3301 (b) Each local health council may:
3302 1. Develop a district area health plan that permits each
3303 local health council to develop strategies and set priorities
3304 for implementation based on its unique local health needs.
3305 2. Advise the agency on health care issues and resource
3306 allocations.
3307 3. Promote public awareness of community health needs,
3308 emphasizing health promotion and cost-effective health service
3309 selection.
3310 4. Collect data and conduct analyses and studies related to
3311 health care needs of the district, including the needs of
3312 medically indigent persons, and assist the agency and other
3313 state agencies in carrying out data collection activities that
3314 relate to the functions in this subsection.
3315 5. Monitor the onsite construction progress, if any, of
3316 certificate-of-need approved projects and report council
3317 findings to the agency on forms provided by the agency.
3318 6. Advise and assist any regional planning councils within
3319 each district that have elected to address health issues in
3320 their strategic regional policy plans with the development of
3321 the health element of the plans to address the health goals and
3322 policies in the State Comprehensive Plan.
3323 6.7. Advise and assist local governments within each
3324 district on the development of an optional health plan element
3325 of the comprehensive plan provided in chapter 163, to assure
3326 compatibility with the health goals and policies in the State
3327 Comprehensive Plan and district health plan. To facilitate the
3328 implementation of this section, the local health council shall
3329 annually provide the local governments in its service area, upon
3330 request, with:
3331 a. A copy and appropriate updates of the district health
3332 plan;
3333 b. A report of hospital and nursing home utilization
3334 statistics for facilities within the local government
3335 jurisdiction; and
3336 c. Applicable agency rules and calculated need
3337 methodologies for health facilities and services regulated under
3338 s. 408.034 for the district served by the local health council.
3339 7.8. Monitor and evaluate the adequacy, appropriateness,
3340 and effectiveness, within the district, of local, state,
3341 federal, and private funds distributed to meet the needs of the
3342 medically indigent and other underserved population groups.
3343 8.9. In conjunction with the Department of Health, plan for
3344 services at the local level for persons infected with the human
3345 immunodeficiency virus.
3346 9.10. Provide technical assistance to encourage and support
3347 activities by providers, purchasers, consumers, and local,
3348 regional, and state agencies in meeting the health care goals,
3349 objectives, and policies adopted by the local health council.
3350 10.11. Provide the agency with data required by rule for
3351 the review of certificate-of-need applications and the
3352 projection of need for health services and facilities in the
3353 district.
3354 (d) Each local health council shall enter into a memorandum
3355 of agreement with each regional planning council in its district
3356 that elects to address health issues in its strategic regional
3357 policy plan. In addition, Each local health council shall enter
3358 into a memorandum of agreement with each local government that
3359 includes an optional health element in its comprehensive plan.
3360 Each memorandum of agreement must specify the manner in which
3361 each local government, regional planning council, and local
3362 health council will coordinate its activities to ensure a
3363 unified approach to health planning and implementation efforts.
3364 Section 79. Subsection (6) of section 419.001, Florida
3365 Statutes, is amended to read:
3366 419.001 Site selection of community residential homes.—
3367 (6) If agreed to by both the local government and the
3368 sponsoring agency, a conflict may be resolved through informal
3369 mediation. The local government shall arrange for the services
3370 of an independent mediator or may utilize a the dispute
3371 resolution process established by a regional planning council
3372 pursuant to s. 186.509. Mediation shall be concluded within 45
3373 days of a request therefor. The resolution of any issue through
3374 the mediation process may shall not alter any person’s right to
3375 a judicial determination of any issue if that person is entitled
3376 to such a determination under statutory or common law.
3377 Section 80. Subsection (1) of section 420.609, Florida
3378 Statutes, is amended to read:
3379 420.609 Affordable Housing Study Commission.—Because the
3380 Legislature firmly supports affordable housing in Florida for
3381 all economic classes:
3382 (1) There is created the Affordable Housing Study
3383 Commission, which shall be composed of 20 21 members to be
3384 appointed by the Governor:
3385 (a) One citizen actively engaged in the residential home
3386 building industry.
3387 (b) One citizen actively engaged in the home mortgage
3388 lending profession.
3389 (c) One citizen actively engaged in the real estate sales
3390 profession.
3391 (d) One citizen actively engaged in apartment development.
3392 (e) One citizen actively engaged in the management and
3393 operation of a rental housing development.
3394 (f) Two citizens who represent very-low-income and low
3395 income persons.
3396 (g) One citizen representing a community-based organization
3397 with experience in housing development.
3398 (h) One citizen representing a community-based organization
3399 with experience in housing development in a community with a
3400 population of less than 50,000 persons.
3401 (i) Two citizens who represent elderly persons’ housing
3402 interests.
3403 (j) One representative of regional planning councils.
3404 (j)(k) One representative of the Florida League of Cities.
3405 (k)(l) One representative of the Florida Association of
3406 Counties.
3407 (l)(m) Two citizens representing statewide growth
3408 management organizations.
3409 (m)(n) One citizen of the state to serve as chair of the
3410 commission.
3411 (n)(o) One citizen representing a residential community
3412 developer.
3413 (o)(p) One member who is a resident of the state.
3414 (p)(q) One representative from a local housing authority.
3415 (q)(r) One citizen representing the housing interests of
3416 homeless persons.
3417 Section 81. Subsection (8) of section 427.012, Florida
3418 Statutes, is amended to read:
3419 427.012 The Commission for the Transportation
3420 Disadvantaged.—There is created the Commission for the
3421 Transportation Disadvantaged in the Department of
3422 Transportation.
3423 (8) The commission shall appoint a technical working group
3424 that includes representatives of private paratransit providers.
3425 The technical working group shall advise the commission on
3426 issues of importance to the state, including information,
3427 advice, and direction regarding the coordination of services for
3428 the transportation disadvantaged. The commission may appoint
3429 other technical working groups whose members may include
3430 representatives of community transportation coordinators;
3431 metropolitan planning organizations; regional planning councils;
3432 experts in insurance, marketing, economic development, or
3433 financial planning; and persons who use transportation for the
3434 transportation disadvantaged, or their relatives, parents,
3435 guardians, or service professionals who tend to their needs.
3436 Section 82. Paragraph (f) of subsection (1) of section
3437 501.171, Florida Statutes, is amended to read:
3438 501.171 Security of confidential personal information.—
3439 (1) DEFINITIONS.—As used in this section, the term:
3440 (f) “Governmental entity” means any department, division,
3441 bureau, commission, regional planning agency, board, district,
3442 authority, agency, or other instrumentality of this state that
3443 acquires, maintains, stores, or uses data in electronic form
3444 containing personal information.
3445 Section 83. Subsection (4) of section 985.682, Florida
3446 Statutes, is amended to read:
3447 985.682 Siting of facilities; criteria.—
3448 (4) When the department requests such a modification and it
3449 is denied by the local government, the local government or the
3450 department shall initiate a the dispute resolution process
3451 established under s. 186.509 to reconcile differences on the
3452 siting of correctional facilities between the department, local
3453 governments, and private citizens. If the regional planning
3454 council has not established a dispute resolution process
3455 pursuant to s. 186.509, The department shall establish, by rule,
3456 procedures for dispute resolution. The dispute resolution
3457 process shall require the parties to commence meetings to
3458 reconcile their differences. If the parties fail to resolve
3459 their differences within 30 days after the denial, the parties
3460 shall engage in voluntary mediation or similar process. If the
3461 parties fail to resolve their differences by mediation within 60
3462 days after the denial, or if no action is taken on the
3463 department’s request within 90 days after the request, the
3464 department must appeal the decision of the local government on
3465 the requested modification of local plans, ordinances, or
3466 regulations to the Governor and Cabinet. Any dispute resolution
3467 process initiated under this section must conform to the time
3468 limitations set forth herein. However, upon agreement of all
3469 parties, the time limits may be extended, but in no event may
3470 the dispute resolution process extend over 180 days.
3471 Section 84. Subsection (6) of section 1013.30, Florida
3472 Statutes, is amended to read:
3473 1013.30 University campus master plans and campus
3474 development agreements.—
3475 (6) Before a campus master plan is adopted, a copy of the
3476 draft master plan must be sent for review or made available
3477 electronically to the host and any affected local governments,
3478 the state land planning agency, the Department of Environmental
3479 Protection, the Department of Transportation, the Department of
3480 State, the Fish and Wildlife Conservation Commission, and the
3481 applicable water management district and regional planning
3482 council. At the request of a governmental entity, a hard copy of
3483 the draft master plan shall be submitted within 7 business days
3484 of an electronic copy being made available. These agencies must
3485 be given 90 days after receipt of the campus master plans in
3486 which to conduct their review and provide comments to the
3487 university board of trustees. The commencement of this review
3488 period must be advertised in newspapers of general circulation
3489 within the host local government and any affected local
3490 government to allow for public comment. Following receipt and
3491 consideration of all comments and the holding of an informal
3492 information session and at least two public hearings within the
3493 host jurisdiction, the university board of trustees shall adopt
3494 the campus master plan. It is the intent of the Legislature that
3495 the university board of trustees comply with the notice
3496 requirements set forth in s. 163.3184(11) to ensure full public
3497 participation in this planning process. The informal public
3498 information session must be held before the first public
3499 hearing. The first public hearing shall be held before the draft
3500 master plan is sent to the agencies specified in this
3501 subsection. The second public hearing shall be held in
3502 conjunction with the adoption of the draft master plan by the
3503 university board of trustees. Campus master plans developed
3504 under this section are not rules and are not subject to chapter
3505 120 except as otherwise provided in this section.
3506 Section 85. Subsection (40) of section 163.3164, Florida
3507 Statutes, is repealed.
3508 Section 86. Subsection (5) of section 186.003, Florida
3509 Statutes, is repealed.
3510 Section 87. Paragraph (c) of subsection (11) of section
3511 343.1003, Florida Statutes, is repealed.
3512 Section 88. Subsection (1) of section 369.303, Florida
3513 Statutes, is repealed.
3514 Section 89. Subsection (15) of section 380.031, Florida
3515 Statutes, is repealed.
3516 Section 90. Subsection (26) of section 403.503, Florida
3517 Statutes, is repealed.
3518 Section 91. Subsection (21) of section 403.522, Florida
3519 Statutes, is repealed.
3520 Section 92. Subsection (4) of section 403.7264, Florida
3521 Statutes, is repealed.
3522 Section 93. Subsection (22) of section 403.9403, Florida
3523 Statutes, is repealed.
3524 Section 94. This act shall take effect July 1, 2015.
3525
