Bill Text: FL S0062 | 2021 | Regular Session | Comm Sub
Bill Title: Regional Planning Councils
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Judiciary [S0062 Detail]
Download: Florida-2021-S0062-Comm_Sub.html
Florida Senate - 2021 CS for SB 62 By the Committee on Community Affairs; and Senator Bradley 578-01357-21 202162c1 1 A bill to be entitled 2 An act relating to regional planning councils; 3 amending s. 186.007, F.S.; revising a requirement for 4 the Executive Office of the Governor to review and 5 consider certain reports, data, and analyses relating 6 to the revision of the state comprehensive plan; 7 eliminating the advisory role of regional planning 8 councils in state comprehensive plan preparation and 9 revision; repealing ss. 186.501, 186.502, 186.503, 10 186.504, 186.505, 186.506, 186.507, 186.508, 186.509, 11 186.511, 186.512, and 186.513, F.S., relating to the 12 Florida Regional Planning Council Act, including a 13 short title, legislative findings, definitions, the 14 creation and membership of regional planning councils, 15 the powers and duties of regional planning councils, 16 the powers and duties of the Executive Office of the 17 Governor relating to the act, strategic regional 18 policy plans, strategic regional policy plan adoption, 19 a dispute resolution process, the evaluation of 20 strategic regional policy plans, the designation of 21 regional planning councils, and reports; repealing s. 22 186.515, F.S., relating to the creation of regional 23 planning councils under ch. 163, F.S.; amending s. 24 215.559, F.S.; requiring the Division of Emergency 25 Management to give funding priority to certain 26 projects in regional planning council regions, as such 27 regions existed on January 1, 2021, that meet 28 specified criteria; amending s. 252.385, F.S.; 29 revising the requirements for the statewide emergency 30 shelter plan to include the general location and 31 square footage of special needs shelters by regional 32 planning council region, as such regions existed on 33 January 1, 2021; requiring state funds to be maximized 34 and targeted to regional planning council regions, as 35 such regions existed on January 1, 2021; amending s. 36 320.08058, F.S.; revising the distribution of annual 37 use fees collected for the Tampa Bay Estuary license 38 plate; amending s. 369.307, F.S.; requiring the St. 39 Johns River Water Management District, rather than the 40 East Central Florida Regional Planning Council, to 41 adopt policies to protect the Wekiva River Protection 42 Area; revising requirements for such policies; 43 amending s. 369.324, F.S.; requiring the St. Johns 44 River Water Management District, rather than the East 45 Central Florida Regional Planning Council, to provide 46 staff support to the Wekiva River Basin Commission; 47 requiring the district to serve as a clearinghouse of 48 baseline or specialized studies; amending s. 380.05, 49 F.S.; authorizing local governments to recommend areas 50 of critical state concern to the state land planning 51 agency; amending s. 403.7225, F.S.; requiring counties 52 to make arrangements with the Department of 53 Environmental Protection, rather than their regional 54 planning councils, to perform hazardous waste 55 management assessments; amending s. 403.723, F.S.; 56 requiring the department, rather than regional 57 planning councils, to designate sites for construction 58 of regional hazardous waste storage or treatment 59 facilities; amending s. 1013.372, F.S.; providing that 60 if a regional planning council region, as such region 61 existed on January 1, 2021, does not have a hurricane 62 evacuation shelter deficit, educational facilities 63 within the region are not required to incorporate the 64 public shelter criteria; requiring the statewide 65 emergency shelter plan to identify the general 66 location and square footage of existing and needed 67 shelters by regional planning council region, as such 68 regions existed on January 1, 2021; amending s. 69 1013.385, F.S.; authorizing counties, rather than 70 regional planning councils, to determine whether there 71 is sufficient shelter capacity in a school district; 72 amending s. 1013.74, F.S.; requiring public hurricane 73 evacuation shelters in certain regional planning 74 council regions, as such regions existed on January 1, 75 2021, to be constructed in accordance with public 76 shelter standards; amending ss. 68.082, 120.52, 77 120.525, 120.65, 163.3164, 163.3177, 163.3178, 78 163.3184, 163.3245, 163.568, 164.1031, 186.003, 79 186.006, 186.008, 186.803, 187.201, 218.32, 258.501, 80 260.0142, 288.0656, 288.975, 335.188, 338.2278, 81 339.155, 339.175, 339.63, 339.64, 341.041, 343.54, 82 369.303, 373.309, 377.703, 378.411, 380.031, 380.045, 83 380.055, 380.06, 380.061, 380.07, 380.507, 403.0752, 84 403.503, 403.50663, 403.507, 403.518, 403.522, 85 403.526, 403.5272, 403.5363, 403.5365, 403.537, 86 403.704, 403.7226, 403.9403, 403.941, 403.9422, 87 403.973, 408.033, 420.609, 427.012, 501.171, and 88 1013.30, F.S.; conforming provisions and cross 89 references to changes made by the act; amending ss. 90 339.285, 373.415, and 403.5115, F.S.; conforming 91 cross-references; reenacting ss. 57.105(5), 92 57.111(3)(f), and 216.241(3), F.S., relating to 93 attorney fees, civil actions and administrative 94 proceedings initiated by state agencies, and 95 initiation or commencement of new programs, 96 respectively, to incorporate the amendment made to s. 97 120.52, F.S., in references thereto; reenacting s. 98 380.0552(6), F.S., relating to the Florida Keys Area 99 and its protection and designation as an area of 100 critical state concern, to incorporate the amendment 101 made to s. 380.045, F.S., in a reference thereto; 102 authorizing local governments to enter into agreements 103 to create regional planning entities; providing an 104 effective date. 105 106 Be It Enacted by the Legislature of the State of Florida: 107 108 Section 1. Subsections (7) and (8) of section 186.007, 109 Florida Statutes, are amended to read: 110 186.007 State comprehensive plan; preparation; revision.— 111 (7) In preparing and revising the state comprehensive plan, 112 the Executive Office of the Governor shall, to the extent 113 feasible, consider studies, reports, and plans of each 114 department, agency, and institution of state and local 115 government, each regional planning agency,and the Federal 116 Government and shall take into account the existing and 117 prospective resources, capabilities, and needs of state and 118 local levels of government. 119 (8) The revision of the state comprehensive plan is a 120 continuing process. Each section of the plan shall be reviewed 121 and analyzed biennially by the Executive Office of the Governor 122 in conjunction with the planning officers of other state 123 agencies significantly affected by the provisions of the 124 particular section under review. In conducting this review and 125 analysis, the Executive Office of the Governor shall review and 126 consider, with the assistance of the state land planning agency, 127 any relevant reports, data, or analysesand regional planning128councils, the evaluation and appraisal reports prepared pursuant129to s. 186.511. Any necessary revisions of the state 130 comprehensive plan shall be proposed by the Governor in a 131 written report and be accompanied by an explanation of the need 132 for such changes. If the Governor determines that changes are 133 unnecessary, the written report must explain why changes are 134 unnecessary. The proposed revisions and accompanying 135 explanations may be submitted in the report required by s. 136 186.031. Any proposed revisions to the plan shall be submitted 137 to the Legislature as provided in s. 186.008(2) at least 30 days 138 prior to the regular legislative session occurring in each even 139 numbered year. 140 Section 2. Sections 186.501, 186.502, 186.503, 186.504, 141 186.505, 186.506, 186.507, 186.508, 186.509, 186.511, 186.512, 142 and 186.513, Florida Statutes, are repealed. 143 Section 3. Section 186.515, Florida Statutes, is repealed. 144 Section 4. Paragraph (b) of subsection (1) of section 145 215.559, Florida Statutes, is amended to read: 146 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss 147 Mitigation Program is established in the Division of Emergency 148 Management. 149 (1) The Legislature shall annually appropriate $10 million 150 of the moneys authorized for appropriation under s. 151 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 152 division for the purposes set forth in this section. Of the 153 amount: 154 (b) Three million dollars in funds shall be used to 155 retrofit existing facilities used as public hurricane shelters. 156 Each year the division shall prioritize the use of these funds 157 for projects included in the annual report of the Shelter 158 Retrofit Report prepared in accordance with s. 252.385(3). The 159 division must give funding priority to projects in regional 160 planning council regions, as such regions existed on January 1, 161 2021, that have shelter deficits and to projects that maximize 162 the use of state funds. 163 Section 5. Paragraph (b) of subsection (2) and subsection 164 (3) of section 252.385, Florida Statutes, are amended to read: 165 252.385 Public shelter space.— 166 (2) 167 (b) By January 31 of each even-numbered year, the division 168 shall prepare and submit a statewide emergency shelter plan to 169 the Governor and Cabinet for approval, subject to the 170 requirements for approval in s. 1013.37(2). The plan shall 171 identify the general location and square footage of special 172 needs shelters, by regional planning council region, as such 173 regions existed on January 1, 2021, during the next 5 years. The 174 plan shall also include information on the availability of 175 shelters that accept pets. The Department of Health shall assist 176 the division in determining the estimated need for special needs 177 shelter space and the adequacy of facilities to meet the needs 178 of persons with special needs based on information from the 179 registries of persons with special needs and other information. 180 (3) The division shall annually provide to the President of 181 the Senate, the Speaker of the House of Representatives, and the 182 Governor a list of facilities recommended to be retrofitted 183 using state funds. State funds should be maximized and targeted 184 to regional planning council regions, as such regions existed on 185 January 1, 2021, with hurricane evacuation shelter deficits. 186 Retrofitting facilities in regions with public hurricane 187 evacuation shelter deficits shall be given first priority and 188 should be completed by 2003. All recommended facilities should 189 be retrofitted by 2008. The owner or lessee of a public 190 hurricane evacuation shelter that is included on the list of 191 facilities recommended for retrofitting is not required to 192 perform any recommended improvements. 193 Section 6. Paragraph (b) of subsection (26) of section 194 320.08058, Florida Statutes, is amended to read: 195 320.08058 Specialty license plates.— 196 (26) TAMPA BAY ESTUARY LICENSE PLATES.— 197 (b) The annual use fees shall be distributed to the Tampa 198 Bay Estuary Program created by s. 163.01. 199 1. A maximum of 5 percent of such fees may be used for 200 marketing the plate. 201 2.Twenty percent of the proceeds from the annual use fee,202not to exceed $50,000, shall be provided to the Tampa Bay203Regional Planning Council for activities of the Agency on Bay204Management implementing the Council/Agency Action Plan for the205restoration of the Tampa Bay estuary, as approved by the Tampa206Bay Estuary Program Policy Board.2073.The remaining proceeds must be used to implement the 208 Comprehensive Conservation and Management Plan for Tampa Bay, 209 pursuant to priorities approved by the Tampa Bay Estuary Program 210 Policy Board. 211 Section 7. Subsection (3) of section 369.307, Florida 212 Statutes, is amended to read: 213 369.307 Developments of regional impact in the Wekiva River 214 Protection Area; land acquisition.— 215 (3) The Wekiva River Protection Area is hereby declared to 216 be a natural resource of state and regional importance. The St. 217 Johns River Water Management DistrictEast Central Florida218Regional Planning Councilshall adopt policies thatas part of219its strategic regional policy planand regional issueslist220whichwill protect the water quantity, water quality, hydrology, 221 wetlands, aquatic and wetland-dependent wildlife species, 222 habitat of speciesdesignated pursuant to rules 39-27.003, 3922327.004, and 39-27.005, Florida Administrative Code, and native 224 vegetation in the Wekiva River Protection Area. The water 225 management districtcouncilshall also cooperate with the 226 department in the department’s implementation ofthe provisions227ofs. 369.305. 228 Section 8. Subsections (1) and (4) of section 369.324, 229 Florida Statutes, are amended to read: 230 369.324 Wekiva River Basin Commission.— 231 (1) The Wekiva River Basin Commission is created to monitor 232 and ensure the implementation of the recommendations of the 233 Wekiva River Basin Coordinating Committee for the Wekiva Study 234 Area. The St. Johns River Water Management DistrictEast Central235Florida Regional Planning Councilshall provide staff support to 236 the commission with funding assistance from the Department of 237 Economic Opportunity. The commission shall be comprised of a 238 total of 18 members appointed by the Governor, 9 of whom shall 239 be voting members and 9 shall be ad hoc nonvoting members. The 240 voting members shall include: 241 (a) One member of each of the Boards of County 242 Commissioners for Lake, Orange, and Seminole Counties. 243 (b) One municipal elected official to serve as a 244 representative of the municipalities located within the Wekiva 245 Study Area of Lake County. 246 (c) One municipal elected official to serve as a 247 representative of the municipalities located within the Wekiva 248 Study Area of Orange County. 249 (d) One municipal elected official to serve as a 250 representative of the municipalities located within the Wekiva 251 Study Area of Seminole County. 252 (e) One citizen representing an environmental or 253 conservation organization, one citizen representing a local 254 property owner, a land developer, or an agricultural entity, and 255 one at-large citizen who shall serve as chair of the council. 256 (f) The ad hoc nonvoting members shall include one 257 representative from each of the following entities: 258 1. St. Johns River Management District. 259 2. Department of Economic Opportunity. 260 3. Department of Environmental Protection. 261 4. Department of Health. 262 5. Department of Agriculture and Consumer Services. 263 6. Fish and Wildlife Conservation Commission. 264 7. Department of Transportation. 265 8. MetroPlan Orlando. 266 9. Central Florida Expressway Authority. 267 (4) To assist the commission in its mission, the St. Johns 268 River Water Management DistrictEast Central Florida Regional269Planning Council, in coordination with the applicable regional 270 and state agencies, shall serve as a clearinghouse of baseline 271 or specialized studies through modeling and simulation, 272 including collecting and disseminating data on the demographics, 273 economics, and the environment of the Wekiva Study Area 274 including the changing conditions of the Wekiva River surface 275 and groundwater basin and associated influence on the Wekiva 276 River and the Wekiva Springs. 277 Section 9. Subsections (3), (4), (7), (8), and (12) of 278 section 380.05, Florida Statutes, are amended to read: 279 380.05 Areas of critical state concern.— 280 (3) Each local governmentregional planning agency may281recommend to the state land planning agency from time to time282areas wholly or partially within its jurisdiction that meet the283criteria for areas of critical state concern as defined in this284section. Each regional planning agency shall solicit from the285local governments within its jurisdiction suggestions as to286areas to be recommended. A local government in an area where287there is no regional planning agencymay recommend to the state 288 land planning agency from time to time areas wholly or partially 289 within its jurisdiction that meet the criteria for areas of 290 critical state concern as defined in this section. If the state 291 land planning agency does not recommend to the commission as an 292 area of critical state concern an area substantially similar to 293 one that has been recommended, it shall respond in writing as to 294 its reasons therefor. 295 (4) BeforePrior tosubmitting any recommendation to the 296 commission under subsection (1), the state land planning agency 297 shall give notice to any committee appointed pursuant to s. 298 380.045 and to all local governmentsand regional planning299agenciesthat include within their boundaries any part of any 300 area of critical state concern proposed to be designated by the 301 rule, in addition to any notice otherwise required under chapter 302 120. 303 (7) The state land planning agencyand any applicable304regional planning agencyshall, to the greatest extent possible, 305 provide technical assistance to local governments in the 306 preparation of the land development regulations and local 307 comprehensive plan for areas of critical state concern. 308 (8) If any local government fails to submit land 309 development regulations or a local comprehensive plan, or if the 310 regulations or plan or plan amendment submitted do not comply 311 with the principles for guiding development set out in the rule 312 designating the area of critical state concern, within 120 days 313 after the adoption of the rule designating an area of critical 314 state concern, or within 120 days after the issuance of a 315 recommended order on the compliance of the plan or plan 316 amendment pursuant to s. 163.3184, or within 120 days after the 317 effective date of an order rejecting a proposed land development 318 regulation, the state land planning agency shall submit to the 319 commission recommended land development regulations and a local 320 comprehensive plan or portions thereof applicable to that local 321 government’s portion of the area of critical state concern. 322 Within 45 days following receipt of the recommendation from the 323 agency, the commission shall either reject the recommendation as 324 tendered or adopt the recommendation with or without 325 modification, and by rule establish land development regulations 326 and a local comprehensive plan applicable to that local 327 government’s portion of the area of critical state concern. 328 However, such rule shall not become effective beforeprior to329 legislative review of an area of critical state concern pursuant 330 to paragraph (1)(c). In the rule, the commission shall specify 331 the extent to which its land development regulations, plans, or 332 plan amendments will supersede, or will be supplementary to, 333 local land development regulations and plans. Notice of any 334 proposed rule issued under this section shall be given to all 335 local governments and regionalplanningagencies in the area of 336 critical state concern, in addition to any other notice required 337 under chapter 120. The land development regulations and local 338 comprehensive plan adopted by the commission under this section 339 may include any type of regulation and plan that could have been 340 adopted by the local government. Any land development 341 regulations or local comprehensive plan or plan amendments 342 adopted by the commission under this section shall be 343 administered by the local government as part of, or in the 344 absence of, the local land development regulations and local 345 comprehensive plan. 346 (12) Upon the request of a substantially interested person 347 pursuant to s. 120.54(7), a local government or regional 348planningagency within the designated area, or the state land 349 planning agency, the commission may by rule remove, contract, or 350 expand any designated boundary. Boundary expansions are subject 351 to legislative review pursuant to paragraph (1)(c). No boundary 352 may be modified without a specific finding by the commission 353 that such changes are consistent with necessary resource 354 protection. The total boundaries of an entire area of critical 355 state concern shall not be removed by the commission unless a 356 minimum time of 1 year has elapsed from the adoption of 357 regulations and a local comprehensive plan pursuant to 358 subsection (1), subsection (6), subsection (8), or subsection 359 (10). Before totally removing such boundaries, the commission 360 shall make findings that the regulations and plans adopted 361 pursuant to subsection (1), subsection (6), subsection (8), or 362 subsection (10) are being effectively implemented by local 363 governments within the area of critical state concern to protect 364 the area and that adopted local government comprehensive plans 365 within the area have been conformed to principles for guiding 366 development for the area. 367 Section 10. Subsections (3) and (6) of section 403.7225, 368 Florida Statutes, are amended to read: 369 403.7225 Local hazardous waste management assessments.— 370 (3) Each countyor regional planning councilshall 371 coordinate the local hazardous waste management assessments 372 within its jurisdiction according to guidelines established 373 under s. 403.7226. If a county declines to perform the local 374 hazardous waste management assessment, the county shall make 375 arrangements with the departmentits regional planning council376 to perform the assessment. 377 (6) Unless performed by the county pursuant to subsection 378 (3), the departmentthe regional planning councilsshall upon 379 successful arrangements with a county: 380 (a) Perform local hazardous waste management assessments; 381 and 382 (b) Provide any technical expertise needed by the counties 383 in developing the assessments. 384 Section 11. Subsection (2) of section 403.723, Florida 385 Statutes, is amended to read: 386 403.723 Siting of hazardous waste facilities.—It is the 387 intent of the Legislature to facilitate siting of proper 388 hazardous waste storage facilities in each region and any 389 additional storage, treatment, or disposal facilities as 390 required. The Legislature recognizes the need for facilitating 391 disposal of waste produced by small generators, reducing the 392 volume of wastes generated in the state, reducing the toxicity 393 of wastes generated in the state, and providing treatment and 394 disposal facilities in the state. 395 (2) After each county designates areas for storage 396 facilities, the departmenteachregional planning councilshall 397 designate one or more sites at which a regional hazardous waste 398 storage or treatment facility could be constructed. 399 Section 12. Subsections (1) and (2) of section 1013.372, 400 Florida Statutes, are amended to read: 401 1013.372 Education facilities as emergency shelters.— 402 (1) The Department of Education shall, in consultation with 403 boards and county and state emergency management offices, 404 include within the standards to be developed under this 405 subsection public shelter design criteria to be incorporated 406 into the Florida Building Code. The new criteria must be 407 designed to ensure that appropriate new educational facilities 408 can serve as public shelters for emergency management purposes. 409 A facility, or an appropriate area within a facility, for which 410 a design contract is entered into after the effective date of 411 the inclusion of the public shelter criteria in the code must be 412 built in compliance with the amended code unless the facility or 413 a part of it is exempted from using the new shelter criteria due 414 to its location, size, or other characteristics by the 415 applicable board with the concurrence of the applicable local 416 emergency management agency or the Division of Emergency 417 Management. Any educational facility located or proposed to be 418 located in an identified category 1, 2, or 3 evacuation zone is 419 not subject to the requirements of this subsection. If the 420 regional planning council region in which the county is located, 421 as such region existed on January 1, 2021, does not have a 422 hurricane evacuation shelter deficit, as determined by the 423 Division of Emergency Management, educational facilities within 424 the planning council region are not required to incorporate the 425 public shelter criteria. 426 (2) By January 31 of each even-numbered year, the Division 427 of Emergency Management shall prepare and submit a statewide 428 emergency shelter plan to the Governor and the Cabinet for 429 approval. The plan must identify the general location and square 430 footage of existing shelters, by regional planning council 431 region, as such regions existed on January 1, 2021, and the 432 general location and square footage of needed shelters, by 433 regional planning council region, as such regions existed on 434 January 1, 2021, during the next 5 years. The plan must identify 435 the types of public facilities that should be constructed to 436 comply with emergency-shelter criteria and must recommend an 437 appropriate and available source of funding for the additional 438 cost of constructing emergency shelters within these public 439 facilities. After the approval of the plan, a board may not be 440 required to build more emergency-shelter space than identified 441 as needed in the plan, and decisions pertaining to exemptions 442 pursuant to subsection (1) must be guided by the plan. 443 Section 13. Paragraph (e) of subsection (2) of section 444 1013.385, Florida Statutes, is amended to read: 445 1013.385 School district construction flexibility.— 446 (2) A resolution adopted under this section may propose 447 implementation of exceptions to requirements of the uniform 448 statewide building code for the planning and construction of 449 public educational and ancillary plants adopted pursuant to ss. 450 553.73 and 1013.37 relating to: 451 (e) Any other provisions that limit the ability of a school 452 to operate in a facility on the same basis as a charter school 453 pursuant to s. 1002.33(18) so long as the countyregional454planning councildetermines that there is sufficient shelter 455 capacity within the school district as documented in the 456 Statewide Emergency Shelter Plan. 457 Section 14. Subsection (4) of section 1013.74, Florida 458 Statutes, is amended to read: 459 1013.74 University authorization for fixed capital outlay 460 projects.— 461 (4) The university board of trustees shall, in consultation 462 with local and state emergency management agencies, assess 463 existing facilities to identify the extent to which each campus 464 has public hurricane evacuation shelter space. The board shall 465 submit to the Governor and the Legislature by August 1 of each 466 year a 5-year capital improvements program that identifies new 467 or retrofitted facilities that will incorporate enhanced 468 hurricane resistance standards and that can be used as public 469 hurricane evacuation shelters. Enhanced hurricane resistance 470 standards include fixed passive protection for window and door 471 applications to provide mitigation protection, security 472 protection with egress, and energy efficiencies that meet 473 standards required in the 130-mile-per-hour wind zone areas. The 474 board must also submit proposed facility retrofit projects to 475 the Division of Emergency Management for assessment and 476 inclusion in the annual report prepared in accordance with s. 477 252.385(3). Until a regional planning council region, as such 478 region existed on January 1, 2021, in which a campus is located 479 has sufficient public hurricane evacuation shelter space, any 480 campus building for which a design contract is entered into 481 subsequent to July 1, 2001, and which has been identified by the 482 board, with the concurrence of the local emergency management 483 agency or the Division of Emergency Management, to be 484 appropriate for use as a public hurricane evacuation shelter,485 must be constructed in accordance with public shelter standards. 486 Section 15. Paragraph (f) of subsection (1) of section 487 68.082, Florida Statutes, is amended to read: 488 68.082 False claims against the state; definitions; 489 liability.— 490 (1) As used in this section, the term: 491 (f) “State” means the government of the state or any 492 department, division, bureau, commission, regionalplanning493 agency, board, district, authority, agency, or other 494 instrumentality of the state. 495 Section 16. Paragraph (a) of subsection (1) of section 496 120.52, Florida Statutes, is amended to read: 497 120.52 Definitions.—As used in this act: 498 (1) “Agency” means the following officers or governmental 499 entities if acting pursuant to powers other than those derived 500 from the constitution: 501 (a) The Governor; each state officer and state department, 502 and each departmental unit described in s. 20.04; the Board of 503 Governors of the State University System; the Commission on 504 Ethics; the Fish and Wildlife Conservation Commission; a 505 regional water supply authority;a regional planning agency;a 506 multicounty special district, but only if a majority of its 507 governing board is comprised of nonelected persons; educational 508 units; and each entity described in chapters 163, 373, 380, and 509 582and s. 186.504. 510 511 This definition does not include a municipality or legal entity 512 created solely by a municipality; a legal entity or agency 513 created in whole or in part pursuant to part II of chapter 361; 514 a metropolitan planning organization created pursuant to s. 515 339.175; a separate legal or administrative entity created 516 pursuant to s. 339.175 of which a metropolitan planning 517 organization is a member; an expressway authority pursuant to 518 chapter 348 or any transportation authority or commission under 519 chapter 343 or chapter 349; or a legal or administrative entity 520 created by an interlocal agreement pursuant to s. 163.01(7), 521 unless any party to such agreement is otherwise an agency as 522 defined in this subsection. 523 Section 17. Subsection (4) of section 120.525, Florida 524 Statutes, is amended to read: 525 120.525 Meetings, hearings, and workshops.— 526(4) For purposes of establishing a quorum at meetings of527regional planning councils that cover three or more counties, a528voting member who appears via telephone, real-time529videoconferencing, or similar real-time electronic or video530communication that is broadcast publicly at the meeting location531may be counted toward the quorum requirement if at least one532third of the voting members of the regional planning council are533physically present at the meeting location. A member must534provide oral, written, or electronic notice of his or her intent535to appear via telephone, real-time videoconferencing, or similar536real-time electronic or video communication to the regional537planning council at least 24 hours before the scheduled meeting.538 Section 18. Subsection (9) of section 120.65, Florida 539 Statutes, is amended to read: 540 120.65 Administrative law judges.— 541 (9) The division shall be reimbursed for administrative law 542 judge services and travel expenses by the following entities: 543 water management districts, regional planning councils, school 544 districts, community colleges, the Division of Florida Colleges, 545 state universities, the Board of Governors of the State 546 University System, the State Board of Education, the Florida 547 School for the Deaf and the Blind, and the Commission for 548 Independent Education. These entities shall contract with the 549 division to establish a contract rate for services and 550 provisions for reimbursement of administrative law judge travel 551 expenses and video teleconferencing expenses attributable to 552 hearings conducted on behalf of these entities. The contract 553 rate must be based on a total-cost-recovery methodology. 554 Section 19. Subsections (41) and (45) of section 163.3164, 555 Florida Statutes, are amended to read: 556 163.3164 Community Planning Act; definitions.—As used in 557 this act: 558(41) “Regional planning agency” means the council created559pursuant to chapter 186.560 (44)(45)“Structure” has the same meaning as in s. 561 380.031(18)s. 380.031(19). 562 Section 20. Paragraph (h) of subsection (6) of section 563 163.3177, Florida Statutes, is amended to read: 564 163.3177 Required and optional elements of comprehensive 565 plan; studies and surveys.— 566 (6) In addition to the requirements of subsections (1)-(5), 567 the comprehensive plan shall include the following elements: 568 (h)1. An intergovernmental coordination element showing 569 relationships and stating principles and guidelines to be used 570 in coordinating the adopted comprehensive plan with the plans of 571 school boards, regional water supply authorities, and other 572 units of local government providing services but not having 573 regulatory authority over the use of land, with the 574 comprehensive plans of adjacent municipalities, the county, 575 adjacent counties, or the region, with the state comprehensive 576 plan and with the applicable regional water supply plan approved 577 pursuant to s. 373.709, as the case may require and as such 578 adopted plans or plans in preparation may exist. This element of 579 the local comprehensive plan must demonstrate consideration of 580 the particular effects of the local plan, when adopted, upon the 581 development of adjacent municipalities, the county, adjacent 582 counties, or the region, or upon the state comprehensive plan, 583 as the case may require. 584 a. The intergovernmental coordination element must provide 585 procedures for identifying and implementing joint planning 586 areas, especially for the purpose of annexation, municipal 587 incorporation, and joint infrastructure service areas. 588 b. The intergovernmental coordination element shall provide 589 for a dispute resolution process, as established pursuant to s.590186.509,for bringing intergovernmental disputes to closure in a 591 timely manner. 592 c. The intergovernmental coordination element shall provide 593 for interlocal agreements as established pursuant to s. 594 333.03(1)(b). 595 2. The intergovernmental coordination element shall also 596 state principles and guidelines to be used in coordinating the 597 adopted comprehensive plan with the plans of school boards and 598 other units of local government providing facilities and 599 services but not having regulatory authority over the use of 600 land. In addition, the intergovernmental coordination element 601 must describe joint processes for collaborative planning and 602 decisionmaking on population projections and public school 603 siting, the location and extension of public facilities subject 604 to concurrency, and siting facilities with countywide 605 significance, including locally unwanted land uses whose nature 606 and identity are established in an agreement. 607 3. Within 1 year after adopting their intergovernmental 608 coordination elements, each county, all the municipalities 609 within that county, the district school board, and any unit of 610 local government service providers in that county shall 611 establish by interlocal or other formal agreement executed by 612 all affected entities, the joint processes described in this 613 subparagraph consistent with their adopted intergovernmental 614 coordination elements. The agreement must: 615 a. Ensure that the local government addresses through 616 coordination mechanisms the impacts of development proposed in 617 the local comprehensive plan upon development in adjacent 618 municipalities, the county, adjacent counties, the region, and 619 the state. The area of concern for municipalities shall include 620 adjacent municipalities, the county, and counties adjacent to 621 the municipality. The area of concern for counties shall include 622 all municipalities within the county, adjacent counties, and 623 adjacent municipalities. 624 b. Ensure coordination in establishing level of service 625 standards for public facilities with any state, regional, or 626 local entity having operational and maintenance responsibility 627 for such facilities. 628 Section 21. Subsection (5) of section 163.3178, Florida 629 Statutes, is amended to read: 630 163.3178 Coastal management.— 631 (5) ATheappropriatedispute resolution processprovided632under s. 186.509must be used to reconcile inconsistencies 633 between port master plans and local comprehensive plans. In 634 recognition of the state’s commitment to deepwater ports, the 635 state comprehensive plan must include goals, objectives, and 636 policies that establish a statewide strategy for enhancement of 637 existing deepwater ports, ensuring that priority is given to 638 water-dependent land uses. As an incentive for promoting plan 639 consistency, port facilities as defined in s. 315.02(6) on lands 640 owned or controlled by a deepwater port as defined in s. 641 311.09(1), as of the effective date of this act shall not be 642 subject to development-of-regional-impact review provided the 643 port either successfully completes an alternative comprehensive 644 development agreement with a local government pursuant to ss. 645 163.3220-163.3243 or successfully enters into a development 646 agreement with the state land planning agency and applicable 647 local government pursuant to s. 380.032 or, where the port is a 648 department of a local government, successfully enters into a 649 development agreement with the state land planning agency 650 pursuant to s. 380.032. Port facilities as defined in s. 651 315.02(6) on lands not owned or controlled by a deepwater port 652 as defined in s. 311.09(1) as of the effective date of this act 653 shall not be subject to development-of-regional-impact review 654 provided the port successfully enters into a development 655 agreement with the state land planning agency and applicable 656 local government pursuant to s. 380.032 or, where the port is a 657 department of a local government, successfully enters into a 658 development agreement with the state land planning agency 659 pursuant to s. 380.032. 660 Section 22. Paragraph (c) of subsection (1) and paragraph 661 (b) of subsection (3) of section 163.3184, Florida Statutes, are 662 amended to read: 663 163.3184 Process for adoption of comprehensive plan or plan 664 amendment.— 665 (1) DEFINITIONS.—As used in this section, the term: 666 (c) “Reviewing agencies” means: 667 1. The state land planning agency; 668 2.The appropriate regional planning council;6693.The appropriate water management district; 670 3.4.The Department of Environmental Protection; 671 4.5.The Department of State; 672 5.6.The Department of Transportation; 673 6.7.In the case of plan amendments relating to public 674 schools, the Department of Education; 675 7.8.In the case of plans or plan amendments that affect a 676 military installation listed in s. 163.3175, the commanding 677 officer of the affected military installation; 678 8.9.In the case of county plans and plan amendments, the 679 Fish and Wildlife Conservation Commission and the Department of 680 Agriculture and Consumer Services; and 681 9.10.In the case of municipal plans and plan amendments, 682 the county in which the municipality is located. 683 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 684 COMPREHENSIVE PLAN AMENDMENTS.— 685 (b)1. The local government, after the initial public 686 hearing held pursuant to subsection (11), shall transmit within 687 10 working days the amendment or amendments and appropriate 688 supporting data and analyses to the reviewing agencies. The 689 local governing body shall also transmit a copy of the 690 amendments and supporting data and analyses to any other local 691 government or governmental agency that has filed a written 692 request with the governing body. 693 2. The reviewing agencies and any other local government or 694 governmental agency specified in subparagraph 1. may provide 695 comments regarding the amendment or amendments to the local 696 government. State agencies shall only comment on important state 697 resources and facilities that will be adversely impacted by the 698 amendment if adopted. Comments provided by state agencies shall 699 state with specificity how the plan amendment will adversely 700 impact an important state resource or facility and shall 701 identify measures the local government may take to eliminate, 702 reduce, or mitigate the adverse impacts. Such comments, if not 703 resolved, may result in a challenge by the state land planning 704 agency to the plan amendment. Agencies and local governments 705 must transmit their comments to the affected local government 706 such that they are received by the local government not later 707 than 30 days after the date on which the agency or government 708 received the amendment or amendments. Reviewing agencies shall 709 also send a copy of their comments to the state land planning 710 agency. 711 3. Comments to the local government from aregional712planning council,county,or municipality shall be limited as 713 follows: 714 a.The regional planning council review and comments shall715be limited to adverse effects on regional resources or716facilities identified in the strategic regional policy plan and717extrajurisdictional impacts that would be inconsistent with the718comprehensive plan of any affected local government within the719region. A regional planning council may not review and comment720on a proposed comprehensive plan amendment prepared by such721council unless the plan amendment has been changed by the local722government subsequent to the preparation of the plan amendment723by the regional planning council.724b.County comments shall be in the context of the 725 relationship and effect of the proposed plan amendments on the 726 county plan. 727 b.c.Municipal comments shall be in the context of the 728 relationship and effect of the proposed plan amendments on the 729 municipal plan. 730 c.d.Military installation comments shall be provided in 731 accordance with s. 163.3175. 732 4. Comments to the local government from state agencies 733 shall be limited to the following subjects as they relate to 734 important state resources and facilities that will be adversely 735 impacted by the amendment if adopted: 736 a. The Department of Environmental Protection shall limit 737 its comments to the subjects of air and water pollution; 738 wetlands and other surface waters of the state; federal and 739 state-owned lands and interest in lands, including state parks, 740 greenways and trails, and conservation easements; solid waste; 741 water and wastewater treatment; and the Everglades ecosystem 742 restoration. 743 b. The Department of State shall limit its comments to the 744 subjects of historic and archaeological resources. 745 c. The Department of Transportation shall limit its 746 comments to issues within the agency’s jurisdiction as it 747 relates to transportation resources and facilities of state 748 importance. 749 d. The Fish and Wildlife Conservation Commission shall 750 limit its comments to subjects relating to fish and wildlife 751 habitat and listed species and their habitat. 752 e. The Department of Agriculture and Consumer Services 753 shall limit its comments to the subjects of agriculture, 754 forestry, and aquaculture issues. 755 f. The Department of Education shall limit its comments to 756 the subject of public school facilities. 757 g. The appropriate water management district shall limit 758 its comments to flood protection and floodplain management, 759 wetlands and other surface waters, and regional water supply. 760 h. The state land planning agency shall limit its comments 761 to important state resources and facilities outside the 762 jurisdiction of other commenting state agencies and may include 763 comments on countervailing planning policies and objectives 764 served by the plan amendment that should be balanced against 765 potential adverse impacts to important state resources and 766 facilities. 767 Section 23. Subsection (2) of section 163.3245, Florida 768 Statutes, is amended to read: 769 163.3245 Sector plans.— 770 (2) TheUpontherequest of alocal government having 771 jurisdiction, the applicable regional planning councilshall 772 conduct a scoping meeting with affected local governments and 773 those agencies identified in s. 163.3184(1)(c) before 774 preparation of the sector plan. The purpose of this meeting is 775 to assist the state land planning agencyand the local776governmentin the identification of the relevant planning issues 777 to be addressed and the data and resources available to assist 778 in the preparation of the sector plan.If a scoping meeting is779conducted,the regional planningcouncil shall make written780recommendations to the state land planning agency and affected781local governments on the issues requested by the local782government.The scoping meeting shall be noticed and open to the 783 public. If the entire planning area proposed for the sector plan 784 is within the jurisdiction of two or more local governments, 785 some or all of them may enter into a joint planning agreement 786 pursuant to s. 163.3171 with respect to the geographic area to 787 be subject to the sector plan, the planning issues that will be 788 emphasized, procedures for intergovernmental coordination to 789 address extrajurisdictional impacts, supporting application 790 materials including data and analysis, procedures for public 791 participation, or other issues. 792 Section 24. Paragraph (i) of subsection (2) of section 793 163.568, Florida Statutes, is amended to read: 794 163.568 Purposes and powers.— 795 (2) The authority is granted the authority to exercise all 796 powers necessary, appurtenant, convenient, or incidental to the 797 carrying out of the aforesaid purposes, including, but not 798 limited to, the following rights and powers: 799 (i) To develop transportation plans, and to coordinate its 800 planning and programs with those of appropriate municipal, 801 county, and state agencies and other political subdivisions of 802 the state. All transportation plans are subject to review and 803 approval by the Department of Transportationand by the regional804planning agency, if any,for consistency with programs or 805 planning for the area and region. 806 Section 25. Subsection (2) of section 164.1031, Florida 807 Statutes, is amended to read: 808 164.1031 Definitions.—For purposes of this act: 809 (2) “Regional governmental entities” includesregional810planning councils,metropolitan planning organizations, water 811 supply authorities that include more than one county, local 812 health councils, water management districts, and other regional 813 entities that are authorized and created by general or special 814 law that have duties or responsibilities extending beyond the 815 jurisdiction of a single county. 816 Section 26. Subsection (5) of section 186.003, Florida 817 Statutes, is amended to read: 818 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901. 819 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 820(5) “Regional planning agency” means the regional planning821council created pursuant to ss. 186.501-186.515 to exercise822responsibilities under ss. 186.001-186.031 and 186.801-186.901823in a particular region of the state.824 Section 27. Subsection (7) of section 186.006, Florida 825 Statutes, is amended to read: 826 186.006 Powers and responsibilities of Executive Office of 827 the Governor.—For the purpose of establishing consistency and 828 uniformity in the state and regional planning process and in 829 order to ensure that the intent of ss. 186.001-186.031 and 830 186.801-186.901 is accomplished, the Executive Office of the 831 Governor shall: 832 (7) Act as the state clearinghouseand designate the833regional planning councils as the regional data clearinghouses. 834 Section 28. Subsection (1) of section 186.008, Florida 835 Statutes, is amended to read: 836 186.008 State comprehensive plan; revision; 837 implementation.— 838 (1) On or before October 1 of every odd-numbered year, the 839 Executive Office of the Governor shall prepare, and the Governor 840 shall recommend to the Administration Commission, any proposed 841 revisions to the state comprehensive plan deemed necessary. The 842 Governor shall transmit his or her recommendations and 843 explanation as required by s. 186.007(8). Copies shall also be 844 provided to each state agency,to each regional planning agency,845 to any other unit of government that requests a copy, and to any 846 member of the public who requests a copy. 847 Section 29. Section 186.803, Florida Statutes, is amended 848 to read: 849 186.803 Use of geographic information by governmental 850 entities.—When state agencies, water management districts, 851regional planning councils,local governments, and other 852 governmental entities use maps, including geographic information 853 maps and other graphic information materials, as the source of 854 data for planning or any other purposes, they must take into 855 account that the accuracy and reliability of such maps and data 856 may be limited by various factors, including the scale of the 857 maps, the timeliness and accuracy of the underlying information, 858 the availability of more accurate site-specific information, and 859 the presence or absence of ground truthing or peer review of the 860 underlying information contained in such maps and other graphic 861 information. This section does not apply to maps adopted 862 pursuant to part II of chapter 163. 863 Section 30. Paragraph (b) of subsection (20) of section 864 187.201, Florida Statutes, is amended to read: 865 187.201 State Comprehensive Plan adopted.—The Legislature 866 hereby adopts as the State Comprehensive Plan the following 867 specific goals and policies: 868 (20) GOVERNMENTAL EFFICIENCY.— 869 (b) Policies.— 870 1. Encourage greater cooperation between, among, and within 871 all levels of Florida government through the use of appropriate 872 interlocal agreements and mutual participation for mutual 873 benefit. 874 2. Allow the creation of independent special taxing 875 districts which have uniform general law standards and 876 procedures and do not overburden other governments and their 877 taxpayers while preventing the proliferation of independent 878 special taxing districts which do not meet these standards. 879 3. Encourage the use of municipal services taxing units and 880 other dependent special districts to provide needed 881 infrastructure where the fiscal capacity exists to support such 882 an approach. 883 4. Eliminate regulatory activities that are not tied to 884 specific public and natural resource protection needs. 885 5. Eliminate needless duplication of, and promote 886 cooperation in, governmental activities between, among, and 887 within state, regional, county, city, and other governmental 888 units. 889 6. Ensure, wherever possible, that the geographic 890 boundaries of water management districts, regional planning891councils,and substate districts of the executive departments 892 shall be coterminous for related state or agency programs and 893 functions and promote interagency agreements in order to reduce 894 the number of districtsand councilswith jurisdiction in any 895 one county. 896 7. Encourage and provide for the restructuring of city and 897 county political jurisdictions with the goals of greater 898 efficiency and high-quality and more equitable and responsive 899 public service programs. 900 8. Replace multiple, small scale, economically inefficient 901 local public facilities with regional facilities where they are 902 proven to be more economical, particularly in terms of energy 903 efficiency, and yet can retain the quality of service expected 904 by the public. 905 9. Encourage greater efficiency and economy at all levels 906 of government through adoption and implementation of effective 907 records management, information management, and evaluation 908 procedures. 909 10. Throughout government, establish citizen management 910 efficiency groups and internal management groups to make 911 recommendations for greater operating efficiencies and improved 912 management practices. 913 11. Encourage governments to seek outside contracting on a 914 competitive-bid basis when cost-effective and appropriate. 915 12. Discourage undue expansion of state government and make 916 every effort to streamline state government in a cost-effective 917 manner. 918 13. Encourage joint venture solutions to mutual problems 919 between levels of government and private enterprise. 920 Section 31. Paragraph (c) of subsection (1) and subsection 921 (2) of section 218.32, Florida Statutes, are amended to read: 922 218.32 Annual financial reports; local governmental 923 entities.— 924 (1) 925 (c) Eachregional planning council created under s.926186.504, eachlocal government finance commission, board, or 927 council,and each municipal power corporation created as a 928 separate legal or administrative entity by interlocal agreement 929 under s. 163.01(7) shall submit to the department a copy of its 930 audit report and an annual financial report for the previous 931 fiscal year in a format prescribed by the department. 932 (2) The department shall annually by December 1 file a 933 verified report with the Governor, the Legislature, the Auditor 934 General, and the Special District Accountability Program of the 935 Department of Economic Opportunity showing the revenues, both 936 locally derived and derived from intergovernmental transfers, 937 and the expenditures of each local governmental entity, regional938planning council, local government finance commission, and 939 municipal power corporation that is required to submit an annual 940 financial report. In preparing the verified report, the 941 department may request additional information from the local 942 governmental entity. The information requested must be provided 943 to the department within 45 days after the request. If the local 944 governmental entity does not comply with the request, the 945 department shall notify the Legislative Auditing Committee, 946 which may take action pursuant to s. 11.40(2). The report must 947 include, but is not limited to: 948 (a) The total revenues and expenditures of each local 949 governmental entity that is a component unit included in the 950 annual financial report of the reporting entity. 951 (b) The amount of outstanding long-term debt by each local 952 governmental entity. For purposes of this paragraph, the term 953 “long-term debt” means any agreement or series of agreements to 954 pay money, which, at inception, contemplate terms of payment 955 exceeding 1 year in duration. 956 Section 32. Paragraph (a) of subsection (7) of section 957 258.501, Florida Statutes, is amended to read: 958 258.501 Myakka River; wild and scenic segment.— 959 (7) MANAGEMENT COORDINATING COUNCIL.— 960 (a) Upon designation, the department shall create a 961 permanent council to provide interagency and intergovernmental 962 coordination in the management of the river. The coordinating 963 council shall be composed of one representative appointed from 964 each of the following: the department, the Department of 965 Transportation, the Fish and Wildlife Conservation Commission, 966 the Department of Economic Opportunity, the Florida Forest 967 Service of the Department of Agriculture and Consumer Services, 968 the Division of Historical Resources of the Department of State, 969the Tampa Bay Regional Planning Council,the Southwest Florida 970 Water Management District,the Southwest Florida Regional971Planning Council,Manatee County, Sarasota County, Charlotte 972 County, the City of Sarasota, the City of North Port, 973 agricultural interests, environmental organizations, and any 974 others deemed advisable by the department. 975 Section 33. Subsections (1) and (3) of section 260.0142, 976 Florida Statutes, are amended to read: 977 260.0142 Florida Greenways and Trails Council; composition; 978 powers and duties.— 979 (1) There is created within the department the Florida 980 Greenways and Trails Council which shall advise the department 981 in the execution of the department’s powers and duties under 982 this chapter. The council shall be composed of 1920members, 983 consisting of: 984 (a)1. Five members appointed by the Governor, with two 985 members representing the trail user community, two members 986 representing the greenway user community, and one member 987 representing private landowners. 988 2. Three members appointed by the President of the Senate, 989 with one member representing the trail user community and two 990 members representing the greenway user community. 991 3. Three members appointed by the Speaker of the House of 992 Representatives, with two members representing the trail user 993 community and one member representing the greenway user 994 community. 995 996 Those eligible to represent the trail user community shall be 997 chosen from, but not be limited to, paved trail users, hikers, 998 off-road bicyclists, users of off-highway vehicles, paddlers, 999 equestrians, disabled outdoor recreational users, and commercial 1000 recreational interests. Those eligible to represent the greenway 1001 user community shall be chosen from, but not be limited to, 1002 conservation organizations, nature study organizations, and 1003 scientists and university experts. 1004 (b) The 89remaining members shall include: 1005 1. The Secretary of Environmental Protection or a designee. 1006 2. The executive director of the Fish and Wildlife 1007 Conservation Commission or a designee. 1008 3. The Secretary of Transportation or a designee. 1009 4. The Director of the Florida Forest Service of the 1010 Department of Agriculture and Consumer Services or a designee. 1011 5. The director of the Division of Historical Resources of 1012 the Department of State or a designee. 1013 6. A representative of the water management districts. 1014 Membership on the council shall rotate among the five districts. 1015 The districts shall determine the order of rotation. 1016 7. A representative of a federal land management agency. 1017 The Secretary of Environmental Protection shall identify the 1018 appropriate federal agency and request designation of a 1019 representative from the agency to serve on the council. 1020 8.A representative of the regional planning councils to be1021appointed by the Secretary of Environmental Protection.1022Membership on the council shall rotate among the seven regional1023planning councils. The regional planning councils shall1024determine the order of rotation.10259.A representative of local governments to be appointed by 1026 the Secretary of Environmental Protection. Membership shall 1027 alternate between a county representative and a municipal 1028 representative. 1029 (3) The term of all appointees shall be for 2 years unless 1030 otherwise specified. The appointees of the Governor, the 1031 President of the Senate, and the Speaker of the House of 1032 Representatives may be reappointed for no more than four 1033 consecutive terms. The representatives of the water management 1034 districts, regional planning councils,and local governments may 1035 be reappointed for no more than two consecutive terms. All other 1036 appointees shall serve until replaced. 1037 Section 34. Paragraph (a) of subsection (6) of section 1038 288.0656, Florida Statutes, is amended to read: 1039 288.0656 Rural Economic Development Initiative.— 1040 (6)(a) By August 1 of each year, the head of each of the 1041 following agencies and organizations shall designate a deputy 1042 secretary or higher-level staff person from within the agency or 1043 organization to serve as the REDI representative for the agency 1044 or organization: 1045 1. The Department of Transportation. 1046 2. The Department of Environmental Protection. 1047 3. The Department of Agriculture and Consumer Services. 1048 4. The Department of State. 1049 5. The Department of Health. 1050 6. The Department of Children and Families. 1051 7. The Department of Corrections. 1052 8. The Department of Education. 1053 9. The Department of Juvenile Justice. 1054 10. The Fish and Wildlife Conservation Commission. 1055 11. Each water management district. 1056 12. Enterprise Florida, Inc. 1057 13. CareerSource Florida, Inc. 1058 14. VISIT Florida. 1059 15.The Florida Regional Planning Council Association.106016.The Agency for Health Care Administration. 1061 16.17.The Institute of Food and Agricultural Sciences 1062 (IFAS). 1063 1064 An alternate for each designee shall also be chosen, and the 1065 names of the designees and alternates shall be sent to the 1066 executive director of the department. 1067 Section 35. Subsection (2), paragraph (c) of subsection 1068 (4), and subsections (7), (8), and (9) of section 288.975, 1069 Florida Statutes, are amended to read: 1070 288.975 Military base reuse plans.— 1071 (2) As used in this section, the term: 1072 (a) “Affected local government” means a local government 1073 adjoining the host local government and any other unit of local 1074 government that is not a host local government but that is 1075 identified in a proposed military base reuse plan as providing, 1076 operating, or maintaining one or more public facilities as 1077 defined in s. 163.3164 on lands within or serving a military 1078 base designated for closure by the Federal Government. 1079 (b) “Affected person” means a host local government; an 1080 affected local government; any state, regional, or federal 1081 agency; or a person who resides, owns property, or owns or 1082 operates a business within the boundaries of a host local 1083 government or affected local government. 1084 (c) “Base reuse activities” means development as defined in 1085 s. 380.04 on a military base designated for closure or closed by 1086 the Federal Government. 1087 (d) “Host local government” means a local government within 1088 the jurisdiction of which all or part of a military base 1089 designated for closure by the Federal Government is located. 1090 This shall not include a county if no part of a military base is 1091 located in its unincorporated area. 1092 (e) “Military base” means a military base designated for 1093 closure or closed by the Federal Government. 1094 (f)“Regional policy plan” means a strategic regional1095policy plan that has been adopted by rule by a regional planning1096council pursuant to s. 186.508.1097(g)“State comprehensive plan” means the plan as provided 1098 in chapter 187. 1099 (4) 1100 (c) Military base reuse plans shall identify projected 1101 impacts to significant regional resources and natural resources 1102of regional significance as identified by applicable regional1103planning councils in their regional policy plansand the actions 1104 that shall be taken to mitigate such impacts. 1105 (7) A military base reuse plan shall be consistent with the 1106 comprehensive plan of the host local government and shall not 1107 conflict with the comprehensive plan of any affected local 1108 governments. A military base reuse plan shall be consistent with 1109 the nonprocedural requirements of part II of chapter 163 and 1110 rules adopted thereunder, applicable regional policy plans,and 1111 the state comprehensive plan. 1112 (8) At the request of a host local government, the 1113 department shall coordinate a presubmission workshop concerning 1114 a military base reuse plan within the boundaries of the host 1115 jurisdiction. Agencies that shall participate in the workshop 1116 shall include any affected local governments; the Department of 1117 Environmental Protection; the department; the Department of 1118 Transportation; the Department of Health; the Department of 1119 Children and Families; the Department of Juvenile Justice; the 1120 Department of Agriculture and Consumer Services; the Department 1121 of State; the Fish and Wildlife Conservation Commission; and any 1122 applicable water management districtsand regional planning1123councils. The purposes of the workshop shall be to assist the 1124 host local government to understand issues of concern to the 1125 above listed entities pertaining to the military base site and 1126 to identify opportunities for better coordination of planning 1127 and review efforts with the information and analyses generated 1128 by the federal environmental impact statement process and the 1129 federal community base reuse planning process. 1130 (9) If a host local government elects to use the optional 1131 provisions of this act, it shall, no later than 12 months after 1132 notifying the agencies of its intent pursuant to subsection (3) 1133 either: 1134 (a) Send a copy of the proposed military base reuse plan 1135 for review to any affected local governments; the Department of 1136 Environmental Protection; the department; the Department of 1137 Transportation; the Department of Health; the Department of 1138 Children and Families; the Department of Juvenile Justice; the 1139 Department of Agriculture and Consumer Services; the Department 1140 of State; the Fish and Wildlife Conservation Commission; and any 1141 applicable water management districts;and regional planning1142councils,or 1143 (b) Petition the department for an extension of the 1144 deadline for submitting a proposed reuse plan. Such an extension 1145 request must be justified by changes or delays in the closure 1146 process by the federal Department of Defense or for reasons 1147 otherwise deemed to promote the orderly and beneficial planning 1148 of the subject military base reuse. The department may grant 1149 extensions to the required submission date of the reuse plan. 1150 Section 36. Paragraph (b) of subsection (3) of section 1151 335.188, Florida Statutes, is amended to read: 1152 335.188 Access management standards; access control 1153 classification system; criteria.— 1154 (3) The control classification system shall be developed 1155 consistent with the following: 1156 (b) The access control classification system shall be 1157 developed in cooperation with counties, municipalities, the 1158 state land planning agency,regional planning councils,1159 metropolitan planning organizations, and other local 1160 governmental entities. 1161 Section 37. Paragraph (c) of subsection (3) of section 1162 338.2278, Florida Statutes, as amended by section 91 of chapter 1163 2020-114, Laws of Florida, is amended to read: 1164 338.2278 Multi-use Corridors of Regional Economic 1165 Significance Program.— 1166 (3) 1167 (c)1. During the project development phase, the department 1168 shall utilize an inclusive, consensus-building mechanism for 1169 each proposed multiuse corridor identified in subsection (2). 1170 For each multiuse corridor identified in subsection (2), the 1171 department shall convene a corridor task force composed of 1172 appropriate representatives of: 1173 a. The Department of Environmental Protection; 1174 b. The Department of Economic Opportunity; 1175 c. The Department of Education; 1176 d. The Department of Health; 1177 e. The Fish and Wildlife Conservation Commission; 1178 f. The Department of Agriculture and Consumer Services; 1179 g. The local water management district or districts; 1180 h. A local government official from each local government 1181 within a proposed corridor; 1182 i. Metropolitan planning organizations; 1183 j.Regional planning councils;1184k.The community, who may be an individual or a member of a 1185 nonprofit community organization, as determined by the 1186 department; and 1187 k.l.Appropriate environmental groups, such as 1000 Friends 1188 of Florida, Audubon Florida, the Everglades Foundation, The 1189 Nature Conservancy, the Florida Sierra Club, and the Florida 1190 Wildlife Corridor, as determined by the department. 1191 2. The secretary of the department shall appoint the 1192 members of the respective corridor task forces by August 1, 1193 2019. 1194 3. Each corridor task force shall coordinate with the 1195 department on pertinent aspects of corridor analysis, including 1196 accommodation or colocation of multiple types of infrastructure, 1197 addressing issues such as those identified in subsection (1), 1198 within or adjacent to the corridor. 1199 4. Each corridor task force shall evaluate the need for, 1200 and the economic and environmental impacts of, hurricane 1201 evacuation impacts of, and land use impacts of, the related 1202 corridor as identified in subsection (2). 1203 5. Each corridor task force shall hold a public meeting in 1204 accordance with chapter 286 in each local government 1205 jurisdiction in which a project within an identified corridor is 1206 being considered. 1207 6. To the maximum extent feasible, the department shall 1208 adhere to the recommendations of the task force created for each 1209 corridor in the design of the multiple modes of transportation 1210 and multiple types of infrastructure associated with the 1211 corridor. The task force for each corridor may consider and 1212 recommend innovative concepts to combine right-of-way 1213 acquisition with the acquisition of lands or easements to 1214 facilitate environmental mitigation or ecosystem, wildlife 1215 habitat, or water quality protection or restoration. The 1216 department, in consultation with the Department of Environmental 1217 Protection, may incorporate those features into each corridor 1218 during the project development phase. 1219 7. The Southwest-Central Florida Connector corridor task 1220 force shall: 1221 a. Address the impacts of the construction of a project 1222 within the corridor on panther and other critical wildlife 1223 habitat and evaluate in its final report the need for 1224 acquisition of lands for state conservation or as mitigation for 1225 project construction; and 1226 b. Evaluate wildlife crossing design features to protect 1227 panther and other critical wildlife habitat corridor 1228 connections. 1229 8. The Suncoast Connector corridor task force and the 1230 Northern Turnpike Connector corridor task force shall evaluate 1231 design features and the need for acquisition of state 1232 conservation lands that mitigate the impact of project 1233 construction within the respective corridors on: 1234 a. The water quality and quantity of springs, rivers, and 1235 aquifer recharge areas; 1236 b. Agricultural land uses; and 1237 c. Wildlife habitat. 1238 9. Each corridor task force shall issue its evaluations in 1239 a final report that must be submitted to the Governor, the 1240 President of the Senate, and the Speaker of the House of 1241 Representatives by November 15, 2020October 1, 2020. 1242 10. The department shall provide affected local governments 1243 with a copy of the applicable task force report and project 1244 alignments. Not later than December 31, 2023, a local government 1245 that has an interchange within its jurisdiction shall review the 1246 applicable task force report and its local comprehensive plan as 1247 adopted under chapter 163. The local government review must 1248 include consideration of whether the area in and around the 1249 interchange contains appropriate land uses and natural resource 1250 protections and whether the comprehensive plan should be amended 1251 to provide such appropriate uses and protections. 1252 Section 38. Subsection (4) of section 339.155, Florida 1253 Statutes, is amended to read: 1254 339.155 Transportation planning.— 1255 (4) ADDITIONAL TRANSPORTATION PLANS.— 1256 (a) Upon request by local governmental entities, the 1257 department may in its discretion develop and design 1258 transportation corridors, arterial and collector streets, 1259 vehicular parking areas, and other support facilities which are 1260 consistent with the plans of the department for major 1261 transportation facilities. The department may render to local 1262 governmental entities or their planning agencies such technical 1263 assistance and services as are necessary so that local plans and 1264 facilities are coordinated with the plans and facilities of the 1265 department. 1266 (b)Eachregional planning council, as provided for in s.1267186.504, or any successor agency thereto, shall develop, as an1268element of its strategic regional policy plan, transportation1269goals and policies. The transportation goals and policies must1270be prioritized to comply with the prevailing principles provided1271in subsection (1) and s. 334.046(1). The transportation goals1272and policies shall be consistent, to the maximum extent1273feasible, with the goals and policies of the metropolitan1274planning organization and the Florida Transportation Plan. The1275transportation goals and policies ofthe regional planning1276councilwill be advisory only and shall be submitted to the1277department and any affected metropolitan planning organization1278for their consideration and comments. Metropolitan planning1279organization plans and other local transportation plans shall be1280developed consistent, to the maximum extent feasible, with the1281regional transportation goals and policies.1282(c)Regional transportation plans may be developed in 1283 regional transportation areas in accordance with an interlocal 1284 agreement entered into pursuant to s. 163.01 by two or more 1285 contiguous metropolitan planning organizations; one or more 1286 metropolitan planning organizations and one or more contiguous 1287 counties, none of which is a member of a metropolitan planning 1288 organization; a multicounty regional transportation authority 1289 created by or pursuant to law; two or more contiguous counties 1290 that are not members of a metropolitan planning organization; or 1291 metropolitan planning organizations comprised of three or more 1292 counties. 1293 (c)(d)The interlocal agreement must, at a minimum, 1294 identify the entity that will coordinate the development of the 1295 regional transportation plan; delineate the boundaries of the 1296 regional transportation area; provide the duration of the 1297 agreement and specify how the agreement may be terminated, 1298 modified, or rescinded; describe the process by which the 1299 regional transportation plan will be developed; and provide how 1300 members of the entity will resolve disagreements regarding 1301 interpretation of the interlocal agreement or disputes relating 1302 to the development or content of the regional transportation 1303 plan. Such interlocal agreement shall become effective upon its 1304 recordation in the official public records of each county in the 1305 regional transportation area. 1306 (d)(e)The regional transportation plan developed pursuant 1307 to this section must, at a minimum, identify regionally 1308 significant transportation facilities located within a regional 1309 transportation area and contain a prioritized list of regionally 1310 significant projects. The projects shall be adopted into the 1311 capital improvements schedule of the local government 1312 comprehensive plan pursuant to s. 163.3177(3). 1313 Section 39. Paragraph (g) of subsection (6) of section 1314 339.175, Florida Statutes, is amended to read: 1315 339.175 Metropolitan planning organization.— 1316 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, 1317 privileges, and authority of an M.P.O. are those specified in 1318 this section or incorporated in an interlocal agreement 1319 authorized under s. 163.01. Each M.P.O. shall perform all acts 1320 required by federal or state laws or rules, now and subsequently 1321 applicable, which are necessary to qualify for federal aid. It 1322 is the intent of this section that each M.P.O. shall be involved 1323 in the planning and programming of transportation facilities, 1324 including, but not limited to, airports, intercity and high 1325 speed rail lines, seaports, and intermodal facilities, to the 1326 extent permitted by state or federal law. 1327 (g) Each M.P.O. shall have an executive or staff director 1328 who reports directly to the M.P.O. governing board for all 1329 matters regarding the administration and operation of the M.P.O. 1330 and any additional personnel as deemed necessary. The executive 1331 director and any additional personnel may be employed either by 1332 an M.P.O. or by another governmental entity, such as a county,1333 or city, or regional planning council, that has a staff services 1334 agreement signed and in effect with the M.P.O. Each M.P.O. may 1335 enter into contracts with local or state agencies, private 1336 planning firms, private engineering firms, or other public or 1337 private entities to accomplish its transportation planning and 1338 programming duties and administrative functions. 1339 Section 40. Subsections (3) and (4) of section 339.63, 1340 Florida Statutes, are amended to read: 1341 339.63 System facilities designated; additions and 1342 deletions.— 1343 (3) After the initial designation of the Strategic 1344 Intermodal System under subsection (1), the department shall, in 1345 coordination with the metropolitan planning organizations, local 1346 governments,regional planning councils,transportation 1347 providers, and affected public agencies, add facilities to or 1348 delete facilities from the Strategic Intermodal System described 1349 in paragraphs (2)(b) and (c) based upon criteria adopted by the 1350 department. 1351 (4) After the initial designation of the Strategic 1352 Intermodal System under subsection (1), the department shall, in 1353 coordination with the metropolitan planning organizations, local 1354 governments,regional planning councils,transportation 1355 providers, and affected public agencies, add facilities to or 1356 delete facilities from the Strategic Intermodal System described 1357 in paragraph (2)(a) based upon criteria adopted by the 1358 department. However, an airport that is designated as a reliever 1359 airport to a Strategic Intermodal System airport which has at 1360 least 75,000 itinerant operations per year, has a runway length 1361 of at least 5,500 linear feet, is capable of handling aircraft 1362 weighing at least 60,000 pounds with a dual wheel configuration 1363 which is served by at least one precision instrument approach, 1364 and serves a cluster of aviation-dependent industries, shall be 1365 designated as part of the Strategic Intermodal System by the 1366 Secretary of Transportation upon the request of a reliever 1367 airport meeting this criteria. 1368 Section 41. Subsection (1) and paragraph (a) of subsection 1369 (3) of section 339.64, Florida Statutes, are amended to read: 1370 339.64 Strategic Intermodal System Plan.— 1371 (1) The department shall develop, in cooperation with 1372 metropolitan planning organizations,regional planning councils,1373 local governments, and other transportation providers, a 1374 Strategic Intermodal System Plan. The plan shall be consistent 1375 with the Florida Transportation Plan developed pursuant to s. 1376 339.155 and shall be updated at least once every 5 years, 1377 subsequent to updates of the Florida Transportation Plan. 1378 (3)(a) During the development of updates to the Strategic 1379 Intermodal System Plan, the department shall provide 1380 metropolitan planning organizations,regional planning councils,1381 local governments, transportation providers, affected public 1382 agencies, and citizens with an opportunity to participate in and 1383 comment on the development of the update. 1384 Section 42. Subsection (1) of section 341.041, Florida 1385 Statutes, is amended to read: 1386 341.041 Transit responsibilities of the department.—The 1387 department shall, within the resources provided pursuant to 1388 chapter 216: 1389 (1) Develop a statewide plan that provides for public 1390 transit and intercity bus service needs at least 5 years in 1391 advance. The plan shall be developed in a manner that will 1392 assure maximum use of existing facilities, and optimum 1393 integration and coordination of the various modes of 1394 transportation, including both governmentally owned and 1395 privately owned resources, in the most cost-effective manner 1396 possible. The plan shall also incorporate plans adopted by local 1397and regionalplanning agencies which are consistent, to the 1398 maximum extent feasible, withadopted strategic policy plans and1399 approved local government comprehensive plans for the region and 1400 units of local government covered by the plan and shall, insofar 1401 as practical, conform to federal planning requirements. The plan 1402 shall be consistent with the goals of the Florida Transportation 1403 Plan developed pursuant to s. 339.155. 1404 Section 43. Paragraph (m) of subsection (3) of section 1405 343.54, Florida Statutes, is amended to read: 1406 343.54 Powers and duties.— 1407 (3) The authority may exercise all powers necessary, 1408 appurtenant, convenient, or incidental to the carrying out of 1409 the aforesaid purposes, including, but not limited to, the 1410 following rights and powers: 1411 (m) To cooperate with other governmental entities and to 1412 contract with other governmental agencies, including the 1413 Department of Transportation, the Federal Government,regional1414planning councils,counties, and municipalities. 1415 Section 44. Subsection (1) of section 369.303, Florida 1416 Statutes, is amended to read: 1417 369.303 Definitions.—As used in this part: 1418(1) “Council” means the East Central Florida Regional1419Planning Council.1420 Section 45. Paragraph (e) of subsection (1) of section 1421 373.309, Florida Statutes, is amended to read: 1422 373.309 Authority to adopt rules and procedures.— 1423 (1) The department shall adopt, and may from time to time 1424 amend, rules governing the location, construction, repair, and 1425 abandonment of water wells and shall be responsible for the 1426 administration of this part. With respect thereto, the 1427 department shall: 1428 (e) Encourage prevention of potable water well 1429 contamination and promote cost-effective remediation of 1430 contaminated potable water supplies by use of the Water Quality 1431 Assurance Trust Fund as provided in s. 376.307(1)(e) and 1432 establish by rule: 1433 1. Delineation of areas of groundwater contamination for 1434 implementation of well location and construction, testing, 1435 permitting, and clearance requirements as set forth in 1436 subparagraphs 2., 3., 4., 5., and 6. The department shall make 1437 available to water management districts,regional planning1438councils,the Department of Health, and county building and 1439 zoning departments, maps or other information on areas of 1440 contamination, including areas of ethylene dibromide 1441 contamination. Such maps or other information shall be made 1442 available to property owners, realtors, real estate 1443 associations, property appraisers, and other interested persons 1444 upon request and upon payment of appropriate costs. 1445 2. Requirements for testing for suspected contamination in 1446 areas of known contamination, as a prerequisite for clearance of 1447 a water well for drinking purposes. The department is authorized 1448 to establish criteria for acceptance of water quality testing 1449 results from the Department of Health and laboratories certified 1450 by the Department of Health, and is authorized to establish 1451 requirements for sample collection quality assurance. 1452 3. Requirements for mandatory connection to available 1453 potable water systems in areas of known contamination, wherein 1454 the department may prohibit the permitting and construction of 1455 new potable water wells. 1456 4. Location and construction standards for public and all 1457 other potable water wells permitted in areas of contamination. 1458 Such standards shall be designed to minimize the effects of such 1459 contamination. 1460 5. A procedure for permitting all potable water wells in 1461 areas of known contamination. Any new water well that is to be 1462 used for drinking water purposes and that does not meet 1463 construction standards pursuant to subparagraph 4. must be 1464 abandoned and plugged by the owner. Water management districts 1465 shall implement, through delegation from the department, the 1466 permitting and enforcement responsibilities of this 1467 subparagraph. 1468 6. A procedure for clearing for use all potable water 1469 wells, except wells that serve a public water supply system, in 1470 areas of known contamination. If contaminants are found upon 1471 testing pursuant to subparagraph 2., a well may not be cleared 1472 for use without a filter or other means of preventing the users 1473 of the well from being exposed to deleterious amounts of 1474 contaminants. The Department of Health shall implement the 1475 responsibilities of this subparagraph. 1476 7. Fees to be paid for well construction permits and 1477 clearance for use. The fees shall be based on the actual costs 1478 incurred by the water management districts, the Department of 1479 Health, or other political subdivisions in carrying out the 1480 responsibilities related to potable water well permitting and 1481 clearance for use. The fees shall provide revenue to cover all 1482 such costs and shall be set according to the following schedule: 1483 a. The well construction permit fee may not exceed $500. 1484 b. The clearance fee may not exceed $50. 1485 8. Procedures for implementing well-location, construction, 1486 testing, permitting, and clearance requirements as set forth in 1487 subparagraphs 2.-6. within areas that research or monitoring 1488 data indicate are vulnerable to contamination with nitrate, or 1489 areas in which the department provides a subsidy for restoration 1490 or replacement of contaminated drinking water supplies through 1491 extending existing water lines or developing new water supply 1492 systems pursuant to s. 376.307(1)(e). The department shall 1493 consult with the Florida Ground Water Association in the process 1494 of developing rules pursuant to this subparagraph. 1495 1496 All fees and funds collected by each delegated entity pursuant 1497 to this part shall be deposited in the appropriate operating 1498 account of that entity. 1499 Section 46. Paragraph (k) of subsection (2) of section 1500 377.703, Florida Statutes, is amended to read: 1501 377.703 Additional functions of the Department of 1502 Agriculture and Consumer Services.— 1503 (2) DUTIES.—The department shall perform the following 1504 functions, unless as otherwise provided, consistent with the 1505 development of a state energy policy: 1506 (k) The department shall coordinate energy-related programs 1507 of state government, including, but not limited to, the programs 1508 provided in this section. To this end, the department shall: 1509 1. Provide assistance to other state agencies, counties, 1510 and municipalities, and regional planning agenciesto further 1511 and promote their energy planning activities. 1512 2. Require, in cooperation with the Department of 1513 Management Services, all state agencies to operate state-owned 1514 and state-leased buildings in accordance with energy 1515 conservation standards as adopted by the Department of 1516 Management Services. Every 3 months, the Department of 1517 Management Services shall furnish the department data on 1518 agencies’ energy consumption and emissions of greenhouse gases 1519 in a format prescribed by the department. 1520 3. Promote the development and use of renewable energy 1521 resources, energy efficiency technologies, and conservation 1522 measures. 1523 4. Promote the recovery of energy from wastes, including, 1524 but not limited to, the use of waste heat, the use of 1525 agricultural products as a source of energy, and recycling of 1526 manufactured products. Such promotion shall be conducted in 1527 conjunction with, and after consultation with, the Department of 1528 Environmental Protection and the Florida Public Service 1529 Commission where electrical generation or natural gas is 1530 involved, and any other relevant federal, state, or local 1531 governmental agency having responsibility for resource recovery 1532 programs. 1533 Section 47. Subsection (3) of section 378.411, Florida 1534 Statutes, is amended to read: 1535 378.411 Certification to receive notices of intent to mine, 1536 to review, and to inspect for compliance.— 1537 (3) In making his or her determination, the secretary shall 1538 consult with the Department of Economic Opportunity, the1539appropriate regional planning council,and the appropriate water 1540 management district. 1541 Section 48. Subsection (15) of section 380.031, Florida 1542 Statutes, is amended to read: 1543 380.031 Definitions.—As used in this chapter: 1544(15) “Regional planning agency” means the agency designated1545by the state land planning agency to exercise responsibilities1546under this chapter in a particular region of the state.1547 Section 49. Subsection (2) of section 380.045, Florida 1548 Statutes, is amended to read: 1549 380.045 Resource planning and management committees; 1550 objectives; procedures.— 1551 (2) The committee shall include, but shall not be limited 1552 to, representation from each of the following: elected officials 1553 from the local governments within the area under study; the 1554 planning office of each of the local governments within the area 1555 under study; the state land planning agency; any other state 1556 agency under chapter 20 a representative of which the Governor 1557 feels is relevant to the compilation of the committee; and a 1558 water management district, if appropriate, and regional planning1559council all or part of whose jurisdiction lies within the area1560under study. After the appointment of the members, the Governor 1561 shall select a chair and vice chair. A staff member of the state 1562 land planning agency shall be appointed by the director of such 1563 agency to serve as the secretary of the committee. The state 1564 land planning agency shall, to the greatest extent possible, 1565 provide technical assistance and administrative support to the 1566 committee. Meetings will be called as needed by the chair or on 1567 the demand of three or more members of the committee. The 1568 committee will act on a simple majority of a quorum present and 1569 shall make a report within 6 months to the head of the state 1570 land planning agency. The committee shall, from the time of 1571 appointment, remain in existence for no less than 6 months. 1572 Section 50. Subsection (3) of section 380.055, Florida 1573 Statutes, is amended to read: 1574 380.055 Big Cypress Area.— 1575 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big 1576 Cypress Area,” as defined in this subsection, is hereby 1577 designated as an area of critical state concern. “Big Cypress 1578 Area” means the area generally depicted on the map entitled 1579 “Boundary Map, Big Cypress National Freshwater Reserve, 1580 Florida,” numbered BC-91,001 and dated November 1971, which is 1581 on file and available for public inspection in the office of the 1582 National Park Service, Department of the Interior, Washington, 1583 D.C., and in the office of the Board of Trustees of the Internal 1584 Improvement Trust Fund, which is the area proposed as the 1585 Federal Big Cypress National Freshwater Reserve, Florida, and 1586 that area described as follows: Sections 1, 2, 11, 12 and 13 in 1587 Township 49 South, Range 31 East; and Township 49 South, Range 1588 32 East, less Sections 19, 30 and 31; and Township 49 South, 1589 Range 33 East; and Township 49 South, Range 34 East; and 1590 Sections 1 through 5 and 10 through 14 in Township 50 South, 1591 Range 32 East; and Sections 1 through 18 and 20 through 25 in 1592 Township 50 South, Range 33 East; and Township 50 South, Range 1593 34 East, less Section 31; and Sections 1 and 2 in Township 51 1594 South, Range 34 East; All in Collier County, Florida, which 1595 described area shall be known as the “Big Cypress National 1596 Preserve Addition, Florida,” together with such contiguous land 1597 and water areas as are ecologically linked with the Everglades 1598 National Park, certain of the estuarine fisheries of South 1599 Florida, or the freshwater aquifer of South Florida, the 1600 definitive boundaries of which shall be set in the following 1601 manner: Within 120 days following the effective date of this 1602 act, the state land planning agency shall recommend definitive 1603 boundaries for the Big Cypress Area to the Administration 1604 Commission, after giving notice to all local governments and 1605 regionalplanningagencies which include within their boundaries 1606 any part of the area proposed to be included in the Big Cypress 1607 Area and holding such hearings as the state land planning agency 1608 deems appropriate. Within 45 days following receipt of the 1609 recommended boundaries, the Administration Commission shall 1610 adopt, modify, or reject the recommendation and shall by rule 1611 establish the boundaries of the area defined as the Big Cypress 1612 Area. 1613 Section 51. Subsection (6) and paragraph (b) of subsection 1614 (12) of section 380.06, Florida Statutes, are amended to read: 1615 380.06 Developments of regional impact.— 1616 (6) REPORTS.—Notwithstanding any condition in a development 1617 order for an approved development of regional impact, the 1618 developer is not required to submit an annual or a biennial 1619 report on the development of regional impact to the local 1620 government,the regional planning agency,the state land 1621 planning agency, and all affected permit agencies unless 1622 required to do so by the local government that has jurisdiction 1623 over the development. The penalty for failure to file such a 1624 required report is as prescribed by the local government. 1625 (12) PROPOSED DEVELOPMENTS.— 1626 (b) This subsection does not apply to: 1627 1. Amendments to a development order governing an existing 1628 development of regional impact. 1629 2. An application for development approval filed with a 1630 concurrent plan amendment application pending as of May 14, 1631 2015, if the applicant elects to have the application reviewed 1632 pursuant to this section as it existed on that date. The 1633 election shall be in writing and filed with the affected local 1634 government, regional planning council,and state land planning 1635 agency before December 31, 2018. 1636 Section 52. Subsection (2) of section 380.061, Florida 1637 Statutes, is amended to read: 1638 380.061 The Florida Quality Developments program.— 1639 (2) Following written notification to the state land 1640 planning agencyand the appropriate regional planning agency, a 1641 local government with an approved Florida Quality Development 1642 within its jurisdiction must set a public hearing pursuant to 1643 its local procedures and shall adopt a local development order 1644 to replace and supersede the development order adopted by the 1645 state land planning agency for the Florida Quality Development. 1646 Thereafter, the Florida Quality Development shall follow the 1647 procedures and requirements for developments of regional impact 1648 as specified in this chapter. 1649 Section 53. Subsection (2) of section 380.07, Florida 1650 Statutes, is amended to read: 1651 380.07 Florida Land and Water Adjudicatory Commission.— 1652 (2) Whenever any local government issues any development 1653 order in any area of critical state concern, or in regard to the 1654 abandonment of any approved development of regional impact, 1655 copies of such orders as prescribed by rule by the state land 1656 planning agency shall be transmitted to the state land planning 1657 agency, the regional planning agency,and the owner or developer 1658 of the property affected by such order. The state land planning 1659 agency shall adopt rules describing development order rendition 1660 and effectiveness in designated areas of critical state concern. 1661 Within 45 days after the order is rendered, the owner, the 1662 developer, or the state land planning agency may appeal the 1663 order to the Florida Land and Water Adjudicatory Commission by 1664 filing a petition alleging that the development order is not 1665 consistent with this part. 1666 Section 54. Subsection (3) of section 380.507, Florida 1667 Statutes, is amended to read: 1668 380.507 Powers of the trust.—The trust shall have all the 1669 powers necessary or convenient to carry out the purposes and 1670 provisions of this part, including: 1671 (3) To provide technical and financial assistance to local 1672 governments, state agencies, water management districts, 1673regional planning councils,and nonprofit agencies to carry out 1674 projects and activities and develop programs to achieve the 1675 purposes of this part. 1676 Section 55. Subsection (6) of section 403.0752, Florida 1677 Statutes, is amended to read: 1678 403.0752 Ecosystem management agreements.— 1679 (6) The secretary of the department may form ecosystem 1680 management advisory teams for consultation and participation in 1681 the preparation of an ecosystem management agreement. The 1682 secretary shall request the participation of at least the state 1683 and regional and local government entities having regulatory 1684 authority over the activities to be subject to the ecosystem 1685 management agreement. Such teams may also include 1686 representatives of other participating or advisory government 1687 agencies, which may includeregional planning councils,private 1688 landowners, public landowners and managers, public and private 1689 utilities, corporations, and environmental interests. Team 1690 members shall be selected in a manner that ensures adequate 1691 representation of the diverse interests and perspectives within 1692 the designated ecosystem. Participation by any department of 1693 state government is at the discretion of that agency. 1694 Section 56. Subsection (26) of section 403.503, Florida 1695 Statutes, is amended to read: 1696 403.503 Definitions relating to Florida Electrical Power 1697 Plant Siting Act.—As used in this act: 1698(26) “Regional planning council” means a regional planning1699council as defined in s. 186.503(4) in the jurisdiction of which1700the electrical power plant is proposed to be located.1701 Section 57. Subsection (1) of section 403.50663, Florida 1702 Statutes, is amended to read: 1703 403.50663 Informational public meetings.— 1704 (1) A local government within whose jurisdiction the power 1705 plant is proposed to be sited may hold one informational public 1706 meeting in addition to the hearings specifically authorized by 1707 this act on any matter associated with the electrical power 1708 plant proceeding. Such informational public meetings shall be 1709 held by the local governmentor by the regional planning council1710if the local government does not hold such meetingwithin 70 1711 days after the filing of the application. The purpose of an 1712 informational public meeting is for the local governmentor1713regional planning councilto further inform the public about the 1714 proposed electrical power plant or associated facilities, obtain 1715 comments from the public, and formulate its recommendation with 1716 respect to the proposed electrical power plant. 1717 Section 58. Paragraph (a) of subsection (2) of section 1718 403.507, Florida Statutes, is amended to read: 1719 403.507 Preliminary statements of issues, reports, project 1720 analyses, and studies.— 1721 (2)(a) No later than 100 days after the certification 1722 application has been determined complete, the following agencies 1723 shall prepare reports as provided below and shall submit them to 1724 the department and the applicant, unless a final order denying 1725 the determination of need has been issued under s. 403.519: 1726 1. The Department of Economic Opportunity shall prepare a 1727 report containing recommendations which address the impact upon 1728 the public of the proposed electrical power plant, based on the 1729 degree to which the electrical power plant is consistent with 1730 the applicable portions of the state comprehensive plan, 1731 emergency management, and other such matters within its 1732 jurisdiction. The Department of Economic Opportunity may also 1733 comment on the consistency of the proposed electrical power 1734 plant with applicablestrategic regional policy plans orlocal 1735 comprehensive plans and land development regulations. 1736 2. The water management district shall prepare a report as 1737 to matters within its jurisdiction, including but not limited 1738 to, the impact of the proposed electrical power plant on water 1739 resources, regional water supply planning, and district-owned 1740 lands and works. 1741 3. Each local government in whose jurisdiction the proposed 1742 electrical power plant is to be located shall prepare a report 1743 as to the consistency of the proposed electrical power plant 1744 with all applicable local ordinances, regulations, standards, or 1745 criteria that apply to the proposed electrical power plant, 1746 including any applicable local environmental regulations adopted 1747 pursuant to s. 403.182 or by other means. 1748 4. The Fish and Wildlife Conservation Commission shall 1749 prepare a report as to matters within its jurisdiction. 1750 5. The Department of Transportation shall address the 1751 impact of the proposed electrical power plant on matters within 1752 its jurisdiction. 1753 Section 59. Paragraph (c) of subsection (2) of section 1754 403.518, Florida Statutes, is amended to read: 1755 403.518 Fees; disposition.—The department shall charge the 1756 applicant the following fees, as appropriate, which, unless 1757 otherwise specified, shall be paid into the Florida Permit Fee 1758 Trust Fund: 1759 (2) An application fee, which shall not exceed $200,000. 1760 The fee shall be fixed by rule on a sliding scale related to the 1761 size, type, ultimate site capacity, or increase in electrical 1762 generating capacity proposed by the application. 1763 (c)1. Upon written request with proper itemized accounting 1764 within 90 days after final agency action by the board or 1765 department or withdrawal of the application, the agencies that 1766 prepared reports pursuant to s. 403.507 or participated in a 1767 hearing pursuant to s. 403.508 may submit a written request to 1768 the department for reimbursement of expenses incurred during the 1769 certification proceedings. The request shall contain an 1770 accounting of expenses incurred which may include time spent 1771 reviewing the application, preparation of any studies required 1772 of the agencies by this act, agency travel and per diem to 1773 attend any hearing held pursuant to this act, and for any local 1774 government’sor regional planning council’sprovision of notice 1775 of public meetings required as a result of the application for 1776 certification. The department shall review the request and 1777 verify that the expenses are valid. Valid expenses shall be 1778 reimbursed; however, in the event the amount of funds available 1779 for reimbursement is insufficient to provide for full 1780 compensation to the agencies requesting reimbursement, 1781 reimbursement shall be on a prorated basis. 1782 2. If the application review is held in abeyance for more 1783 than 1 year, the agencies may submit a request for 1784 reimbursement. This time period shall be measured from the date 1785 the applicant has provided written notification to the 1786 department that it desires to have the application review 1787 process placed on hold. The fee disbursement shall be processed 1788 in accordance with subparagraph 1. 1789 Section 60. Subsection (21) of section 403.522, Florida 1790 Statutes, is amended to read: 1791 403.522 Definitions relating to the Florida Electric 1792 Transmission Line Siting Act.—As used in this act: 1793(21) “Regional planning council” means a regional planning1794council as defined in s. 186.503(4) in the jurisdiction of which1795the project is proposed to be located.1796 Section 61. Paragraph (a) of subsection (2) of section 1797 403.526, Florida Statutes, is amended to read: 1798 403.526 Preliminary statements of issues, reports, and 1799 project analyses; studies.— 1800 (2)(a) No later than 90 days after the filing of the 1801 application, the following agencies shall prepare reports as 1802 provided below, unless a final order denying the determination 1803 of need has been issued under s. 403.537: 1804 1. The department shall prepare a report as to the impact 1805 of each proposed transmission line or corridor as it relates to 1806 matters within its jurisdiction. 1807 2. Each water management district in the jurisdiction of 1808 which a proposed transmission line or corridor is to be located 1809 shall prepare a report as to the impact on water resources and 1810 other matters within its jurisdiction. 1811 3. The Department of Economic Opportunity shall prepare a 1812 report containing recommendations which address the impact upon 1813 the public of the proposed transmission line or corridor, based 1814 on the degree to which the proposed transmission line or 1815 corridor is consistent with the applicable portions of the state 1816 comprehensive plan, emergency management, and other matters 1817 within its jurisdiction. The Department of Economic Opportunity 1818 may also comment on the consistency of the proposed transmission 1819 line or corridor with applicablestrategic regional policy plans1820orlocal comprehensive plans and land development regulations. 1821 4. The Fish and Wildlife Conservation Commission shall 1822 prepare a report as to the impact of each proposed transmission 1823 line or corridor on fish and wildlife resources and other 1824 matters within its jurisdiction. 1825 5. Each local government shall prepare a report as to the 1826 impact of each proposed transmission line or corridor on matters 1827 within its jurisdiction, including the consistency of the 1828 proposed transmission line or corridor with all applicable local 1829 ordinances, regulations, standards, or criteria that apply to 1830 the proposed transmission line or corridor, including local 1831 comprehensive plans, zoning regulations, land development 1832 regulations, and any applicable local environmental regulations 1833 adopted pursuant to s. 403.182 or by other means. A change by 1834 the responsible local government or local agency in local 1835 comprehensive plans, zoning ordinances, or other regulations 1836 made after the date required for the filing of the local 1837 government’s report required by this section is not applicable 1838 to the certification of the proposed transmission line or 1839 corridor unless the certification is denied or the application 1840 is withdrawn. 1841 6. The Department of Transportation shall prepare a report 1842 as to the impact of the proposed transmission line or corridor 1843 on state roads, railroads, airports, aeronautics, seaports, and 1844 other matters within its jurisdiction. 1845 7. The commission shall prepare a report containing its 1846 determination under s. 403.537, and the report may include the 1847 comments from the commission with respect to any other subject 1848 within its jurisdiction. 1849 8. Any other agency, if requested by the department, shall 1850 also perform studies or prepare reports as to subjects within 1851 the jurisdiction of the agency which may potentially be affected 1852 by the proposed transmission line. 1853 Section 62. Subsection (1) of section 403.5272, Florida 1854 Statutes, is amended to read: 1855 403.5272 Informational public meetings.— 1856 (1) A local government whose jurisdiction is to be crossed 1857 by a proposed corridor may hold one informational public meeting 1858 in addition to the hearings specifically authorized by this act 1859 on any matter associated with the transmission line proceeding. 1860 The informational public meetingmay be conducted by the local1861government or the regional planning council andshall be held no 1862 later than 55 days after the application is filed. The purpose 1863 of an informational public meeting is for the local government 1864or regional planning councilto further inform the public about 1865 the transmission line proposed, obtain comments from the public, 1866 and formulate its recommendation with respect to the proposed 1867 transmission line. 1868 Section 63. Subsection (4), paragraph (a) of subsection 1869 (5), and paragraph (a) of subsection (6) of section 403.5363, 1870 Florida Statutes, are amended to read: 1871 403.5363 Public notices; requirements.— 1872 (4) A local governmentor regional planning councilthat 1873 proposes to conduct an informational public meeting pursuant to 1874 s. 403.5272 must publish notice of the meeting in a newspaper of 1875 general circulation within the county or counties in which the 1876 proposed electrical transmission line will be located no later 1877 than 7 days beforeprior tothe meeting. A newspaper of general 1878 circulation shall be the newspaper that has the largest daily 1879 circulation in that county and has its principal office in that 1880 county. If the newspaper with the largest daily circulation has 1881 its principal office outside the county, the notices shall 1882 appear in both the newspaper having the largest circulation in 1883 that county and in a newspaper authorized to publish legal 1884 notices in that county. 1885 (5)(a) A good faith effort shall be made by the applicant 1886 to provide direct notice of the filing of an application for 1887 certification by United States mail or hand delivery no later 1888 than 45 days after filing of the application to all local 1889 landowners whose property, as noted in the most recent local 1890 government tax records, and residences are located within one 1891 quarter mile of the proposed boundaries of a transmission line 1892 corridor that only includes a transmission line as defined by s. 1893 403.522(21)s. 403.522(22). 1894 (6)(a) A good faith effort shall be made by the proponent 1895 of an alternate corridor that includes a transmission line, as 1896 defined by s. 403.522(21)s. 403.522(22), to provide direct 1897 notice of the filing of an alternate corridor for certification 1898 by United States mail or hand delivery of the filing no later 1899 than 30 days after filing of the alternate corridor to all local 1900 landowners whose property, as noted in the most recent local 1901 government tax records, and residences are located within one 1902 quarter mile of the proposed boundaries of a transmission line 1903 corridor that includes a transmission line as defined by s. 1904 403.522(21)s. 403.522(22). 1905 Section 64. Paragraph (d) of subsection (1) of section 1906 403.5365, Florida Statutes, is amended to read: 1907 403.5365 Fees; disposition.—The department shall charge the 1908 applicant the following fees, as appropriate, which, unless 1909 otherwise specified, shall be paid into the Florida Permit Fee 1910 Trust Fund: 1911 (1) An application fee. 1912 (d)1. Upon written request with proper itemized accounting 1913 within 90 days after final agency action by the siting board or 1914 the department or the written notification of the withdrawal of 1915 the application, the agencies that prepared reports under s. 1916 403.526 or s. 403.5271 or participated in a hearing under s. 1917 403.527 or s. 403.5271 may submit a written request to the 1918 department for reimbursement of expenses incurred during the 1919 certification proceedings. The request must contain an 1920 accounting of expenses incurred, which may include time spent 1921 reviewing the application, preparation of any studies required 1922 of the agencies by this act, agency travel and per diem to 1923 attend any hearing held under this act, and for the local 1924 governmentor regional planning councilproviding additional 1925 notice of the informational public meeting. The department shall 1926 review the request and verify whether a claimed expense is 1927 valid. Valid expenses shall be reimbursed; however, if the 1928 amount of funds available for reimbursement is insufficient to 1929 provide for full compensation to the agencies, reimbursement 1930 shall be on a prorated basis. 1931 2. If the application review is held in abeyance for more 1932 than 1 year, the agencies may submit a request for reimbursement 1933 under subparagraph 1. This time period shall be measured from 1934 the date the applicant has provided written notification to the 1935 department that it desires to have the application review 1936 process placed on hold. The fee disbursement shall be processed 1937 in accordance with subparagraph 1. 1938 Section 65. Paragraphs (a) and (d) of subsection (1) of 1939 section 403.537, Florida Statutes, are amended to read: 1940 403.537 Determination of need for transmission line; powers 1941 and duties.— 1942 (1)(a) Upon request by an applicant or upon its own motion, 1943 the Florida Public Service Commission shall schedule a public 1944 hearing, after notice, to determine the need for a transmission 1945 line regulated by the Florida Electric Transmission Line Siting 1946 Act, ss. 403.52-403.5365. The notice shall be published at least 1947 21 days before the date set for the hearing and shall be 1948 published by the applicant in at least one-quarter page size 1949 notice in newspapers of general circulation, and by the 1950 commission in the manner specified in chapter 120, by giving 1951 notice to countiesand regional planning councilsin whose 1952 jurisdiction the transmission line could be placed, and by 1953 giving notice to any persons who have requested to be placed on 1954 the mailing list of the commission for this purpose. Within 21 1955 days after receipt of a request for determination by an 1956 applicant, the commission shall set a date for the hearing. The 1957 hearing shall be held pursuant to s. 350.01 within 45 days after 1958 the filing of the request, and a decision shall be rendered 1959 within 60 days after such filing. 1960 (d) The determination by the commission of the need for the 1961 transmission line, as defined in s. 403.522(21)s. 403.522(22), 1962 is binding on all parties to any certification proceeding under 1963 the Florida Electric Transmission Line Siting Act and is a 1964 condition precedent to the conduct of the certification hearing 1965 prescribed therein. An order entered pursuant to this section 1966 constitutes final agency action. 1967 Section 66. Subsection (17) of section 403.704, Florida 1968 Statutes, is amended to read: 1969 403.704 Powers and duties of the department.—The department 1970 shall have responsibility for the implementation and enforcement 1971 of this act. In addition to other powers and duties, the 1972 department shall: 1973 (17) Provide technical assistance to local governments and 1974 regional agencies to ensure consistency between county hazardous 1975 waste management assessments; coordinate the development of such 1976 assessmentswith the assistance of the appropriate regional1977planning councils; and review and make recommendations to the 1978 Legislature relative to the sufficiency of the assessments to 1979 meet state hazardous waste management needs. 1980 Section 67. Subsection (1) of section 403.7226, Florida 1981 Statutes, is amended to read: 1982 403.7226 Technical assistance by the department.—The 1983 department shall: 1984 (1) Provide technical assistance to county governmentsand1985regional planning councilsto ensure consistency in implementing 1986 local hazardous waste management assessments as provided in ss. 1987 403.7225, 403.7234, and 403.7236. In order to ensure that each 1988 local assessment is properly implemented and that all 1989 information gathered during the assessment is uniformly compiled 1990 and documented, each countyor regional planning councilshall 1991 contact the department during the preparation of the local 1992 assessment to receive technical assistance. Each countyor1993regional planning councilshall follow guidelines established by 1994 the department, and adopted by rule as appropriate, in order to 1995 properly implement these assessments. 1996 Section 68. Subsection (22) of section 403.9403, Florida 1997 Statutes, is amended to read: 1998 403.9403 Definitions.—As used in ss. 403.9401-403.9425, the 1999 term: 2000(22) “Regional planning council” means a regional planning2001council created pursuant to chapter 186 in the jurisdiction of2002which the project is proposed to be located.2003 Section 69. Paragraph (a) of subsection (2) of section 2004 403.941, Florida Statutes, is amended to read: 2005 403.941 Preliminary statements of issues, reports, and 2006 studies.— 2007 (2)(a) The affected agencies shall prepare reports as 2008 provided in this paragraph and shall submit them to the 2009 department and the applicant within 60 days after the 2010 application is determined sufficient: 2011 1. The department shall prepare a report as to the impact 2012 of each proposed natural gas transmission pipeline or corridor 2013 as it relates to matters within its jurisdiction. 2014 2. Each water management district in the jurisdiction of 2015 which a proposed natural gas transmission pipeline or corridor 2016 is to be located shall prepare a report as to the impact on 2017 water resources and other matters within its jurisdiction. 2018 3. The Department of Economic Opportunity shall prepare a 2019 report containing recommendations which address the impact upon 2020 the public of the proposed natural gas transmission pipeline or 2021 corridor, based on the degree to which the proposed natural gas 2022 transmission pipeline or corridor is consistent with the 2023 applicable portions of the state comprehensive plan and other 2024 matters within its jurisdiction. The Department of Economic 2025 Opportunity may also comment on the consistency of the proposed 2026 natural gas transmission pipeline or corridor with applicable 2027strategic regional policy plans orlocal comprehensive plans and 2028 land development regulations. 2029 4. The Fish and Wildlife Conservation Commission shall 2030 prepare a report as to the impact of each proposed natural gas 2031 transmission pipeline or corridor on fish and wildlife resources 2032 and other matters within its jurisdiction. 2033 5. Each local government in which the natural gas 2034 transmission pipeline or natural gas transmission pipeline 2035 corridor will be located shall prepare a report as to the impact 2036 of each proposed natural gas transmission pipeline or corridor 2037 on matters within its jurisdiction, including the consistency of 2038 the proposed natural gas transmission pipeline or corridor with 2039 all applicable local ordinances, regulations, standards, or 2040 criteria that apply to the proposed natural gas transmission 2041 pipeline or corridor, including local comprehensive plans, 2042 zoning regulations, land development regulations, and any 2043 applicable local environmental regulations adopted pursuant to 2044 s. 403.182 or by other means. No change by the responsible local 2045 government or local agency in local comprehensive plans, zoning 2046 ordinances, or other regulations made after the date required 2047 for the filing of the local government’s report required by this 2048 section shall be applicable to the certification of the proposed 2049 natural gas transmission pipeline or corridor unless the 2050 certification is denied or the application is withdrawn. 2051 6. The Department of Transportation shall prepare a report 2052 on the effect of the natural gas transmission pipeline or 2053 natural gas transmission pipeline corridor on matters within its 2054 jurisdiction, including roadway crossings by the pipeline. The 2055 report shall contain at a minimum: 2056 a. A report by the applicant to the department stating that 2057 all requirements of the department’s utilities accommodation 2058 guide have been or will be met in regard to the proposed 2059 pipeline or pipeline corridor; and 2060 b. A statement by the department as to the adequacy of the 2061 report to the department by the applicant. 2062 7. The Department of State, Division of Historical 2063 Resources, shall prepare a report on the impact of the natural 2064 gas transmission pipeline or natural gas transmission pipeline 2065 corridor on matters within its jurisdiction. 2066 8. The commission shall prepare a report addressing matters 2067 within its jurisdiction. The commission’s report shall include 2068 its determination of need issued pursuant to s. 403.9422. 2069 Section 70. Paragraph (a) of subsection (1) of section 2070 403.9422, Florida Statutes, is amended to read: 2071 403.9422 Determination of need for natural gas transmission 2072 pipeline; powers and duties.— 2073 (1)(a) Upon request by an applicant or upon its own motion, 2074 the commission shall schedule a public hearing, after notice, to 2075 determine the need for a natural gas transmission pipeline 2076 regulated by ss. 403.9401-403.9425. Such notice shall be 2077 published at least 45 days before the date set for the hearing 2078 and shall be published in at least one-quarter page size in 2079 newspapers of general circulation and in the Florida 2080 Administrative Register, by giving notice to countiesand2081regional planning councilsin whose jurisdiction the natural gas 2082 transmission pipeline could be placed, and by giving notice to 2083 any persons who have requested to be placed on the mailing list 2084 of the commission for this purpose. Within 21 days after receipt 2085 of a request for determination by an applicant, the commission 2086 shall set a date for the hearing. The hearing shall be held 2087 pursuant to s. 350.01 within 75 days after the filing of the 2088 request, and a decision shall be rendered within 90 days after 2089 such filing. 2090 Section 71. Subsection (4) of section 403.973, Florida 2091 Statutes, is amended to read: 2092 403.973 Expedited permitting; amendments to comprehensive 2093 plans.— 2094 (4) The regional teams shall be established through the 2095 execution of a project-specific memorandum of agreement 2096 developed and executed by the applicant and the secretary, with 2097 input solicited from the respective heads of the Department of 2098 Transportation and its district offices, the Department of 2099 Agriculture and Consumer Services, the Fish and Wildlife 2100 Conservation Commission,appropriate regional planning councils,2101 appropriate water management districts, and voluntarily 2102 participating municipalities and counties. The memorandum of 2103 agreement should also accommodate participation in this 2104 expedited process by other local governments and federal 2105 agencies as circumstances warrant. 2106 Section 72. Paragraphs (b) and (d) of subsection (1) of 2107 section 408.033, Florida Statutes, are amended to read: 2108 408.033 Local and state health planning.— 2109 (1) LOCAL HEALTH COUNCILS.— 2110 (b) Each local health council may: 2111 1. Develop a district area health plan that permits each 2112 local health council to develop strategies and set priorities 2113 for implementation based on its unique local health needs. 2114 2. Advise the agency on health care issues and resource 2115 allocations. 2116 3. Promote public awareness of community health needs, 2117 emphasizing health promotion and cost-effective health service 2118 selection. 2119 4. Collect data and conduct analyses and studies related to 2120 health care needs of the district, including the needs of 2121 medically indigent persons, and assist the agency and other 2122 state agencies in carrying out data collection activities that 2123 relate to the functions in this subsection. 2124 5. Monitor the onsite construction progress, if any, of 2125 certificate-of-need approved projects and report council 2126 findings to the agency on forms provided by the agency. 2127 6.Advise and assist any regional planning councils within2128each district that have elected to address health issues in2129their strategic regional policy plans with the development of2130the health element of the plans to address the health goals and2131policies in the State Comprehensive Plan.21327.Advise and assist local governments within each district 2133 on the development of an optional health plan element of the 2134 comprehensive plan provided in chapter 163, to assure 2135 compatibility with the health goals and policies in the State 2136 Comprehensive Plan and district health plan. To facilitate the 2137 implementation of this section, the local health council shall 2138 annually provide the local governments in its service area, upon 2139 request, with: 2140 a. A copy and appropriate updates of the district health 2141 plan; 2142 b. A report of hospital and nursing home utilization 2143 statistics for facilities within the local government 2144 jurisdiction; and 2145 c. Applicable agency rules and calculated need 2146 methodologies for health facilities and services regulated under 2147 s. 408.034 for the district served by the local health council. 2148 7.8.Monitor and evaluate the adequacy, appropriateness, 2149 and effectiveness, within the district, of local, state, 2150 federal, and private funds distributed to meet the needs of the 2151 medically indigent and other underserved population groups. 2152 8.9.In conjunction with the Department of Health, plan for 2153 services at the local level for persons infected with the human 2154 immunodeficiency virus. 2155 9.10.Provide technical assistance to encourage and support 2156 activities by providers, purchasers, consumers, and local, 2157 regional, and state agencies in meeting the health care goals, 2158 objectives, and policies adopted by the local health council. 2159 10.11.Provide the agency with data required by rule for 2160 the review of certificate-of-need applications and the 2161 projection of need for health services and facilities in the 2162 district. 2163 (d) Each local health council shall enter into a memorandum 2164 of agreement with eachregional planning council in its district2165that elects to address health issues in its strategic regional2166policy plan. In addition, each local health council shall enter2167into a memorandum of agreement with eachlocal government that 2168 includes an optional health element in its comprehensive plan. 2169 Each memorandum of agreement must specify the manner in which 2170 each local government, regional planning council,and local 2171 health council will coordinate its activities to ensure a 2172 unified approach to health planning and implementation efforts. 2173 Section 73. Subsection (1) of section 420.609, Florida 2174 Statutes, is amended to read: 2175 420.609 Affordable Housing Study Commission.—Because the 2176 Legislature firmly supports affordable housing in Florida for 2177 all economic classes: 2178 (1) There is created the Affordable Housing Study 2179 Commission, which shall be composed of 2021members to be 2180 appointed by the Governor: 2181 (a) One citizen actively engaged in the residential home 2182 building industry. 2183 (b) One citizen actively engaged in the home mortgage 2184 lending profession. 2185 (c) One citizen actively engaged in the real estate sales 2186 profession. 2187 (d) One citizen actively engaged in apartment development. 2188 (e) One citizen actively engaged in the management and 2189 operation of a rental housing development. 2190 (f) Two citizens who represent very-low-income and low 2191 income persons. 2192 (g) One citizen representing a community-based organization 2193 with experience in housing development. 2194 (h) One citizen representing a community-based organization 2195 with experience in housing development in a community with a 2196 population of less than 50,000 persons. 2197 (i) Two citizens who represent elderly persons’ housing 2198 interests. 2199 (j)One representative of regional planning councils.2200(k)One representative of the Florida League of Cities. 2201 (k)(l)One representative of the Florida Association of 2202 Counties. 2203 (l)(m)Two citizens representing statewide growth 2204 management organizations. 2205 (m)(n)One citizen of the state to serve as chair of the 2206 commission. 2207 (n)(o)One citizen representing a residential community 2208 developer. 2209 (o)(p)One member who is a resident of the state. 2210 (p)(q)One representative from a local housing authority. 2211 (q)(r)One citizen representing the housing interests of 2212 homeless persons. 2213 Section 74. Subsection (8) of section 427.012, Florida 2214 Statutes, is amended to read: 2215 427.012 The Commission for the Transportation 2216 Disadvantaged.—There is created the Commission for the 2217 Transportation Disadvantaged in the Department of 2218 Transportation. 2219 (8) The commission shall appoint a technical working group 2220 that includes representatives of private paratransit providers. 2221 The technical working group shall advise the commission on 2222 issues of importance to the state, including information, 2223 advice, and direction regarding the coordination of services for 2224 the transportation disadvantaged. The commission may appoint 2225 other technical working groups whose members may include 2226 representatives of community transportation coordinators; 2227 metropolitan planning organizations;regional planning councils;2228 experts in insurance, marketing, economic development, or 2229 financial planning; and persons who use transportation for the 2230 transportation disadvantaged, or their relatives, parents, 2231 guardians, or service professionals who tend to their needs. 2232 Section 75. Paragraph (f) of subsection (1) of section 2233 501.171, Florida Statutes, is amended to read: 2234 501.171 Security of confidential personal information.— 2235 (1) DEFINITIONS.—As used in this section, the term: 2236 (f) “Governmental entity” means any department, division, 2237 bureau, commission,regional planning agency,board, district, 2238 authority, agency, or other instrumentality of this state that 2239 acquires, maintains, stores, or uses data in electronic form 2240 containing personal information. 2241 Section 76. Subsection (6) of section 1013.30, Florida 2242 Statutes, is amended to read: 2243 1013.30 University campus master plans and campus 2244 development agreements.— 2245 (6) Before a campus master plan is adopted, a copy of the 2246 draft master plan must be sent for review or made available 2247 electronically to the host and any affected local governments, 2248 the state land planning agency, the Department of Environmental 2249 Protection, the Department of Transportation, the Department of 2250 State, the Fish and Wildlife Conservation Commission, and the 2251 applicable water management districtand regional planning2252council. At the request of a governmental entity, a hard copy of 2253 the draft master plan shall be submitted within 7 business days 2254 of an electronic copy being made available. These agencies must 2255 be given 90 days after receipt of the campus master plans in 2256 which to conduct their review and provide comments to the 2257 university board of trustees. The commencement of this review 2258 period must be advertised in newspapers of general circulation 2259 within the host local government and any affected local 2260 government to allow for public comment. Following receipt and 2261 consideration of all comments and the holding of an informal 2262 information session and at least two public hearings within the 2263 host jurisdiction, the university board of trustees shall adopt 2264 the campus master plan. It is the intent of the Legislature that 2265 the university board of trustees comply with the notice 2266 requirements set forth in s. 163.3184(11) to ensure full public 2267 participation in this planning process. The informal public 2268 information session must be held before the first public 2269 hearing. The first public hearing shall be held before the draft 2270 master plan is sent to the agencies specified in this 2271 subsection. The second public hearing shall be held in 2272 conjunction with the adoption of the draft master plan by the 2273 university board of trustees. Campus master plans developed 2274 under this section are not rules and are not subject to chapter 2275 120 except as otherwise provided in this section. 2276 Section 77. Subsection (6) of section 339.285, Florida 2277 Statutes, is amended to read: 2278 339.285 Enhanced Bridge Program for Sustainable 2279 Transportation.— 2280 (6) Preference shall be given to bridge projects located on 2281 corridors that connect to the Strategic Intermodal System, 2282 created under s. 339.64, and that have been identified as 2283 regionally significant in accordance with s. 339.155(4)(b), (c), 2284 and (d)s. 339.155(4)(c), (d), and (e). 2285 Section 78. Subsections (1) and (2) of section 373.415, 2286 Florida Statutes, are amended to read: 2287 373.415 Protection zones; duties of the St. Johns River 2288 Water Management District.— 2289 (1) Not later than November 1, 1988, the St. Johns River 2290 Water Management District shall adopt rules establishing 2291 protection zones adjacent to the watercourses in the Wekiva 2292 River System, as designated in s. 369.303(9)s. 369.303(10). 2293 Such protection zones shall be sufficiently wide to prevent harm 2294 to the Wekiva River System, including water quality, water 2295 quantity, hydrology, wetlands, and aquatic and wetland-dependent 2296 wildlife species, caused by any of the activities regulated 2297 under this part. Factors on which the widths of the protection 2298 zones shall be based shall include, but not be limited to: 2299 (a) The biological significance of the wetlands and uplands 2300 adjacent to the designated watercourses in the Wekiva River 2301 System, including the nesting, feeding, breeding, and resting 2302 needs of aquatic species and wetland-dependent wildlife species. 2303 (b) The sensitivity of these species to disturbance, 2304 including the short-term and long-term adaptability to 2305 disturbance of the more sensitive species, both migratory and 2306 resident. 2307 (c) The susceptibility of these lands to erosion, including 2308 the slope, soils, runoff characteristics, and vegetative cover. 2309 2310 In addition, the rules may establish permitting thresholds, 2311 permitting exemptions, or general permits, if such thresholds, 2312 exemptions, or general permits do not allow significant adverse 2313 impacts to the Wekiva River System to occur individually or 2314 cumulatively. 2315 (2) Notwithstandingthe provisions ofs. 120.60, the St. 2316 Johns River Water Management District shall not issue any permit 2317 under this part within the Wekiva River Protection Area, as 2318 defined in s. 369.303(8)s. 369.303(9), until the appropriate 2319 local government has provided written notification to the 2320 district that the proposed activity is consistent with the local 2321 comprehensive plan and is in compliance with any land 2322 development regulation in effect in the area where the 2323 development will take place. The district may, however, inform 2324 any property owner who makes a request for such information as 2325 to the location of the protection zone or zones on his or her 2326 property. However, if a development proposal is amended as the 2327 result of the review by the district, a permit may be issued 2328 beforeprior tothe development proposal being returned, if 2329 necessary, to the local government for additional review. 2330 Section 79. Paragraph (a) of subsection (6) and paragraph 2331 (a) of subsection (7) of section 403.5115, Florida Statutes, are 2332 amended to read: 2333 403.5115 Public notice.— 2334 (6)(a) A good faith effort shall be made by the applicant 2335 to provide direct written notice of the filing of an application 2336 for certification by United States mail or hand delivery no 2337 later than 45 days after filing of the application to all local 2338 landowners whose property, as noted in the most recent local 2339 government tax records, and residences are located within the 2340 following distances of the proposed project: 2341 1. Three miles of the proposed main site boundaries of the 2342 proposed electrical power plant. 2343 2. One-quarter mile for a transmission line corridor that 2344 only includes a transmission line as defined by s. 403.522(21) 2345s. 403.522(22). 2346 3. One-quarter mile for all other linear associated 2347 facilities extending away from the main site boundary except for 2348 a transmission line corridor that includes a transmission line 2349 that operates below those defined by s. 403.522(21)s.2350403.522(22). 2351 (7)(a) A good faith effort shall be made by the proponent 2352 of an alternate corridor that includes a transmission line, as 2353 defined by s. 403.522(21)s. 403.522(22), to provide direct 2354 written notice of the filing of an alternate corridor for 2355 certification by United States mail or hand delivery of the 2356 filing no later than 30 days after filing of the alternate 2357 corridor to all local landowners whose property, as noted in the 2358 most recent local government tax records, and residences, are 2359 located within one-quarter mile of the proposed boundaries of a 2360 transmission line corridor that includes a transmission line as 2361 defined by s. 403.522(21)s. 403.522(22). 2362 Section 80. For the purpose of incorporating the amendment 2363 made by this act to section 120.52, Florida Statutes, in a 2364 reference thereto, subsection (5) of section 57.105, Florida 2365 Statutes, is reenacted to read: 2366 57.105 Attorney’s fee; sanctions for raising unsupported 2367 claims or defenses; exceptions; service of motions; damages for 2368 delay of litigation.— 2369 (5) In administrative proceedings under chapter 120, an 2370 administrative law judge shall award a reasonable attorney’s fee 2371 and damages to be paid to the prevailing party in equal amounts 2372 by the losing party and a losing party’s attorney or qualified 2373 representative in the same manner and upon the same basis as 2374 provided in subsections (1)-(4). Such award shall be a final 2375 order subject to judicial review pursuant to s. 120.68. If the 2376 losing party is an agency as defined in s. 120.52(1), the award 2377 to the prevailing party shall be against and paid by the agency. 2378 A voluntary dismissal by a nonprevailing party does not divest 2379 the administrative law judge of jurisdiction to make the award 2380 described in this subsection. 2381 Section 81. For the purpose of incorporating the amendment 2382 made by this act to section 120.52, Florida Statutes, in a 2383 reference thereto, paragraph (f) of subsection (3) of section 2384 57.111, Florida Statutes, is reenacted to read: 2385 57.111 Civil actions and administrative proceedings 2386 initiated by state agencies; attorneys’ fees and costs.— 2387 (3) As used in this section: 2388 (f) The term “state agency” has the meaning described in s. 2389 120.52(1). 2390 Section 82. For the purpose of incorporating the amendment 2391 made by this act to section 120.52, Florida Statutes, in a 2392 reference thereto, subsection (3) of section 216.241, Florida 2393 Statutes, is reenacted to read: 2394 216.241 Initiation or commencement of new programs; 2395 approval; expenditure of certain revenues.— 2396 (3) Any revenues generated by any tax or fee imposed by 2397 amendment to the State Constitution after October 1, 1999, shall 2398 not be expended by any agency, as defined in s. 120.52(1), 2399 except pursuant to appropriation by the Legislature. 2400 Section 83. For the purpose of incorporating the amendment 2401 made by this act to section 380.045, Florida Statutes, in a 2402 reference thereto, subsection (6) of section 380.0552, Florida 2403 Statutes, is reenacted to read: 2404 380.0552 Florida Keys Area; protection and designation as 2405 area of critical state concern.— 2406 (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The 2407 Governor, acting as the chief planning officer of the state, 2408 shall appoint a resource planning and management committee for 2409 the Florida Keys Area with the membership as specified in s. 2410 380.045(2). Meetings shall be called as needed by the chair or 2411 on the demand of three or more members of the committee. The 2412 committee shall: 2413 (a) Serve as a liaison between the state and local 2414 governments within Monroe County. 2415 (b) Develop, with local government officials in the Florida 2416 Keys Area, recommendations to the state land planning agency as 2417 to the sufficiency of the Florida Keys Area’s comprehensive plan 2418 and land development regulations. 2419 (c) Recommend to the state land planning agency changes to 2420 state and regional plans and regulatory programs affecting the 2421 Florida Keys Area. 2422 (d) Assist units of local government within the Florida 2423 Keys Area in carrying out the planning functions and other 2424 responsibilities required by this section. 2425 (e) Review, at a minimum, all reports and other materials 2426 provided to it by the state land planning agency or other 2427 governmental agencies. 2428 Section 84. Local governments may enter into agreements to 2429 create regional planning entities pursuant to chapter 163, 2430 Florida Statutes. 2431 Section 85. This act shall take effect July 1, 2021.