Bill Text: FL S0062 | 2021 | Regular Session | Comm Sub
Bill Title: Regional Planning Councils
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Judiciary [S0062 Detail]
Download: Florida-2021-S0062-Comm_Sub.html
Florida Senate - 2021 CS for SB 62
By the Committee on Community Affairs; and Senator Bradley
578-01357-21 202162c1
1 A bill to be entitled
2 An act relating to regional planning councils;
3 amending s. 186.007, F.S.; revising a requirement for
4 the Executive Office of the Governor to review and
5 consider certain reports, data, and analyses relating
6 to the revision of the state comprehensive plan;
7 eliminating the advisory role of regional planning
8 councils in state comprehensive plan preparation and
9 revision; repealing ss. 186.501, 186.502, 186.503,
10 186.504, 186.505, 186.506, 186.507, 186.508, 186.509,
11 186.511, 186.512, and 186.513, F.S., relating to the
12 Florida Regional Planning Council Act, including a
13 short title, legislative findings, definitions, the
14 creation and membership of regional planning councils,
15 the powers and duties of regional planning councils,
16 the powers and duties of the Executive Office of the
17 Governor relating to the act, strategic regional
18 policy plans, strategic regional policy plan adoption,
19 a dispute resolution process, the evaluation of
20 strategic regional policy plans, the designation of
21 regional planning councils, and reports; repealing s.
22 186.515, F.S., relating to the creation of regional
23 planning councils under ch. 163, F.S.; amending s.
24 215.559, F.S.; requiring the Division of Emergency
25 Management to give funding priority to certain
26 projects in regional planning council regions, as such
27 regions existed on January 1, 2021, that meet
28 specified criteria; amending s. 252.385, F.S.;
29 revising the requirements for the statewide emergency
30 shelter plan to include the general location and
31 square footage of special needs shelters by regional
32 planning council region, as such regions existed on
33 January 1, 2021; requiring state funds to be maximized
34 and targeted to regional planning council regions, as
35 such regions existed on January 1, 2021; amending s.
36 320.08058, F.S.; revising the distribution of annual
37 use fees collected for the Tampa Bay Estuary license
38 plate; amending s. 369.307, F.S.; requiring the St.
39 Johns River Water Management District, rather than the
40 East Central Florida Regional Planning Council, to
41 adopt policies to protect the Wekiva River Protection
42 Area; revising requirements for such policies;
43 amending s. 369.324, F.S.; requiring the St. Johns
44 River Water Management District, rather than the East
45 Central Florida Regional Planning Council, to provide
46 staff support to the Wekiva River Basin Commission;
47 requiring the district to serve as a clearinghouse of
48 baseline or specialized studies; amending s. 380.05,
49 F.S.; authorizing local governments to recommend areas
50 of critical state concern to the state land planning
51 agency; amending s. 403.7225, F.S.; requiring counties
52 to make arrangements with the Department of
53 Environmental Protection, rather than their regional
54 planning councils, to perform hazardous waste
55 management assessments; amending s. 403.723, F.S.;
56 requiring the department, rather than regional
57 planning councils, to designate sites for construction
58 of regional hazardous waste storage or treatment
59 facilities; amending s. 1013.372, F.S.; providing that
60 if a regional planning council region, as such region
61 existed on January 1, 2021, does not have a hurricane
62 evacuation shelter deficit, educational facilities
63 within the region are not required to incorporate the
64 public shelter criteria; requiring the statewide
65 emergency shelter plan to identify the general
66 location and square footage of existing and needed
67 shelters by regional planning council region, as such
68 regions existed on January 1, 2021; amending s.
69 1013.385, F.S.; authorizing counties, rather than
70 regional planning councils, to determine whether there
71 is sufficient shelter capacity in a school district;
72 amending s. 1013.74, F.S.; requiring public hurricane
73 evacuation shelters in certain regional planning
74 council regions, as such regions existed on January 1,
75 2021, to be constructed in accordance with public
76 shelter standards; amending ss. 68.082, 120.52,
77 120.525, 120.65, 163.3164, 163.3177, 163.3178,
78 163.3184, 163.3245, 163.568, 164.1031, 186.003,
79 186.006, 186.008, 186.803, 187.201, 218.32, 258.501,
80 260.0142, 288.0656, 288.975, 335.188, 338.2278,
81 339.155, 339.175, 339.63, 339.64, 341.041, 343.54,
82 369.303, 373.309, 377.703, 378.411, 380.031, 380.045,
83 380.055, 380.06, 380.061, 380.07, 380.507, 403.0752,
84 403.503, 403.50663, 403.507, 403.518, 403.522,
85 403.526, 403.5272, 403.5363, 403.5365, 403.537,
86 403.704, 403.7226, 403.9403, 403.941, 403.9422,
87 403.973, 408.033, 420.609, 427.012, 501.171, and
88 1013.30, F.S.; conforming provisions and cross
89 references to changes made by the act; amending ss.
90 339.285, 373.415, and 403.5115, F.S.; conforming
91 cross-references; reenacting ss. 57.105(5),
92 57.111(3)(f), and 216.241(3), F.S., relating to
93 attorney fees, civil actions and administrative
94 proceedings initiated by state agencies, and
95 initiation or commencement of new programs,
96 respectively, to incorporate the amendment made to s.
97 120.52, F.S., in references thereto; reenacting s.
98 380.0552(6), F.S., relating to the Florida Keys Area
99 and its protection and designation as an area of
100 critical state concern, to incorporate the amendment
101 made to s. 380.045, F.S., in a reference thereto;
102 authorizing local governments to enter into agreements
103 to create regional planning entities; providing an
104 effective date.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. Subsections (7) and (8) of section 186.007,
109 Florida Statutes, are amended to read:
110 186.007 State comprehensive plan; preparation; revision.—
111 (7) In preparing and revising the state comprehensive plan,
112 the Executive Office of the Governor shall, to the extent
113 feasible, consider studies, reports, and plans of each
114 department, agency, and institution of state and local
115 government, each regional planning agency, and the Federal
116 Government and shall take into account the existing and
117 prospective resources, capabilities, and needs of state and
118 local levels of government.
119 (8) The revision of the state comprehensive plan is a
120 continuing process. Each section of the plan shall be reviewed
121 and analyzed biennially by the Executive Office of the Governor
122 in conjunction with the planning officers of other state
123 agencies significantly affected by the provisions of the
124 particular section under review. In conducting this review and
125 analysis, the Executive Office of the Governor shall review and
126 consider, with the assistance of the state land planning agency,
127 any relevant reports, data, or 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.
