Bill Text: FL S0062 | 2021 | Regular Session | Comm Sub


Bill Title: Regional Planning Councils

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-03-02 - CS by Community Affairs read 1st time [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 analyses and regional planning
  128  councils, the evaluation and appraisal reports prepared pursuant
  129  to 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,
  202  not to exceed $50,000, shall be provided to the Tampa Bay
  203  Regional Planning Council for activities of the Agency on Bay
  204  Management implementing the Council/Agency Action Plan for the
  205  restoration of the Tampa Bay estuary, as approved by the Tampa
  206  Bay Estuary Program Policy Board.
  207         3. 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 District East Central Florida
  218  Regional Planning Council shall adopt policies that as part of
  219  its strategic regional policy plan and regional issues list
  220  which will protect the water quantity, water quality, hydrology,
  221  wetlands, aquatic and wetland-dependent wildlife species,
  222  habitat of species designated pursuant to rules 39-27.003, 39
  223  27.004, and 39-27.005, Florida Administrative Code, and native
  224  vegetation in the Wekiva River Protection Area. The water
  225  management district council shall also cooperate with the
  226  department in the department’s implementation of the provisions
  227  of s. 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 District East Central
  235  Florida Regional Planning Council shall 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 District East Central Florida Regional
  269  Planning 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 government regional planning agency may
  281  recommend to the state land planning agency from time to time
  282  areas wholly or partially within its jurisdiction that meet the
  283  criteria for areas of critical state concern as defined in this
  284  section. Each regional planning agency shall solicit from the
  285  local governments within its jurisdiction suggestions as to
  286  areas to be recommended. A local government in an area where
  287  there is no regional planning agency may 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) Before Prior to submitting 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 governments and regional planning
  299  agencies that 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 agency and any applicable
  304  regional planning agency shall, 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 before prior to
  329  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 regional planning agencies 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
  348  planning agency 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 county or regional planning council shall
  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 department its regional planning council
  376  to perform the assessment.
  377         (6) Unless performed by the county pursuant to subsection
  378  (3), the department the regional planning councils shall 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 department each regional planning council shall
  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 county regional
  454  planning council determines 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, regional planning
  493  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  582 and 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 of
  527  regional planning councils that cover three or more counties, a
  528  voting member who appears via telephone, real-time
  529  videoconferencing, or similar real-time electronic or video
  530  communication that is broadcast publicly at the meeting location
  531  may be counted toward the quorum requirement if at least one
  532  third of the voting members of the regional planning council are
  533  physically present at the meeting location. A member must
  534  provide oral, written, or electronic notice of his or her intent
  535  to appear via telephone, real-time videoconferencing, or similar
  536  real-time electronic or video communication to the regional
  537  planning 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 created
  559  pursuant 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.
  590  186.509, 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) A The appropriate dispute resolution process provided
  632  under s. 186.509 must 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;
  669         3. 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 a regional
  712  planning council, county, or municipality shall be limited as
  713  follows:
  714         a. The regional planning council review and comments shall
  715  be limited to adverse effects on regional resources or
  716  facilities identified in the strategic regional policy plan and
  717  extrajurisdictional impacts that would be inconsistent with the
  718  comprehensive plan of any affected local government within the
  719  region. A regional planning council may not review and comment
  720  on a proposed comprehensive plan amendment prepared by such
  721  council unless the plan amendment has been changed by the local
  722  government subsequent to the preparation of the plan amendment
  723  by the regional planning council.
  724         b. 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) The Upon the request of a local government having
  771  jurisdiction, the applicable regional planning council shall
  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 agency and the local
  776  government in 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 is
  779  conducted, the regional planning council shall make written
  780  recommendations to the state land planning agency and affected
  781  local governments on the issues requested by the local
  782  government. 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 Transportation and by the regional
  804  planning 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” includes regional
  810  planning 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 planning
  821  council created pursuant to ss. 186.501-186.515 to exercise
  822  responsibilities under ss. 186.001-186.031 and 186.801-186.901
  823  in 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 clearinghouse and designate the
  833  regional 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,
  851  regional 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 planning
  891  councils, 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 districts and councils with 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) Each regional planning council created under s.
  926  186.504, each local 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, regional
  938  planning 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,
  969  the Tampa Bay Regional Planning Council, the Southwest Florida
  970  Water Management District, the Southwest Florida Regional
  971  Planning 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 19 20 members,
  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 8 9 remaining 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 be
 1021  appointed by the Secretary of Environmental Protection.
 1022  Membership on the council shall rotate among the seven regional
 1023  planning councils. The regional planning councils shall
 1024  determine the order of rotation.
 1025         9. 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.
 1060         16. 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 regional
 1095  policy plan that has been adopted by rule by a regional planning
 1096  council 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
 1102  of regional significance as identified by applicable regional
 1103  planning councils in their regional policy plans and 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 districts and regional planning
 1123  councils. 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 planning
 1142  councils, 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;
 1184         k. 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, 2020 October 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) Each regional planning council, as provided for in s.
 1267  186.504, or any successor agency thereto, shall develop, as an
 1268  element of its strategic regional policy plan, transportation
 1269  goals and policies. The transportation goals and policies must
 1270  be prioritized to comply with the prevailing principles provided
 1271  in subsection (1) and s. 334.046(1). The transportation goals
 1272  and policies shall be consistent, to the maximum extent
 1273  feasible, with the goals and policies of the metropolitan
 1274  planning organization and the Florida Transportation Plan. The
 1275  transportation goals and policies of the regional planning
 1276  council will be advisory only and shall be submitted to the
 1277  department and any affected metropolitan planning organization
 1278  for their consideration and comments. Metropolitan planning
 1279  organization plans and other local transportation plans shall be
 1280  developed consistent, to the maximum extent feasible, with the
 1281  regional 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
 1397  and regional planning agencies which are consistent, to the
 1398  maximum extent feasible, with adopted strategic policy plans and
 1399  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, regional
 1414  planning 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 Regional
 1419  Planning 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 planning
 1438  councils, 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 agencies to 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, the
 1539  appropriate 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 designated
 1545  by the state land planning agency to exercise responsibilities
 1546  under 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 planning
 1559  council all or part of whose jurisdiction lies within the area
 1560  under 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  regional planning agencies 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 agency and 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,
 1673  regional 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 include regional 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 planning
 1699  council as defined in s. 186.503(4) in the jurisdiction of which
 1700  the 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 government or by the regional planning council
 1710  if the local government does not hold such meeting within 70
 1711  days after the filing of the application. The purpose of an
 1712  informational public meeting is for the local government or
 1713  regional planning council to 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 applicable strategic regional policy plans or local
 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’s or regional planning council’s provision 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 planning
 1794  council as defined in s. 186.503(4) in the jurisdiction of which
 1795  the 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 applicable strategic regional policy plans
 1820  or local 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 meeting may be conducted by the local
 1861  government or the regional planning council and shall 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
 1864  or regional planning council to 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 government or regional planning council that
 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 before prior to the 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  government or regional planning council providing 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 counties and regional planning councils in 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  assessments with the assistance of the appropriate regional
 1977  planning 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 governments and
 1985  regional planning councils to 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 county or regional planning council shall
 1991  contact the department during the preparation of the local
 1992  assessment to receive technical assistance. Each county or
 1993  regional planning council shall 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 planning
 2001  council created pursuant to chapter 186 in the jurisdiction of
 2002  which 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
 2027  strategic regional policy plans or local 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 counties and
 2081  regional planning councils in 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 within
 2128  each district that have elected to address health issues in
 2129  their strategic regional policy plans with the development of
 2130  the health element of the plans to address the health goals and
 2131  policies in the State Comprehensive Plan.
 2132         7. 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 each regional planning council in its district
 2165  that elects to address health issues in its strategic regional
 2166  policy plan. In addition, each local health council shall enter
 2167  into a memorandum of agreement with each local 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 20 21 members 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 district and regional planning
 2252  council. 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) Notwithstanding the provisions of s. 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  before prior to the 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)
 2345  s. 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.
 2350  403.522(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.

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