Bill Text: FL S1758 | 2020 | Regular Session | Introduced
Bill Title: Executive Branch
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S1758 Detail]
Download: Florida-2020-S1758-Introduced.html
Florida Senate - 2020 SB 1758 By Senator Bean 4-01460B-20 20201758__ 1 A bill to be entitled 2 An act relating to the executive branch; providing 3 legislative purpose; providing for a type two transfer 4 of the Administration Commission to the Division of 5 Administrative Hearings, the Florida Commission on 6 Human Relations, and the Department of Economic 7 Opportunity; providing for the continuation of certain 8 contracts and interagency agreements; providing for a 9 type two transfer of the Florida Land and Water 10 Adjudicatory Commission to the Department of 11 Environmental Protection, the Department of Economic 12 Opportunity, and the Division of Administrative 13 Hearings; providing for a type two transfer of the 14 State of Florida Correctional Medical Authority to the 15 Department of Health; providing for the continuation 16 of certain contracts and interagency agreements; 17 authorizing the Governor to transfer funds and 18 positions between agencies upon approval by the 19 Legislative Budget Commission; requiring that the 20 Governor submit specified information in a timely 21 manner to certain entities; authorizing the Governor 22 to obtain waivers as required by federal law; 23 providing for the transfer of certain records, funds, 24 and property to a successor organization; providing a 25 directive to the Division of Law Revision to assist 26 substantive committees in the preparation of 27 conforming legislation; repealing s. 14.202, F.S., 28 relating to the Administration Commission; amending s. 29 20.24, F.S.; requiring the head of the Department of 30 Highway Safety and Motor Vehicles to be a secretary 31 appointed by, and serving at the pleasure of, the 32 Governor and confirmed by the Senate; amending s. 33 20.255, F.S.; removing provisions requiring 34 concurrence of Cabinet members for the appointment of 35 the Secretary of Environmental Protection; amending 36 ss. 30.49, 110.112, 110.161, 110.201, 110.2035, 37 110.205, 110.21, 110.219, 110.227, 110.403, 112.175, 38 120.533, 120.54, 120.542, 120.63, 120.65, 120.80, 39 161.55, 163.3164, 163.3177, 163.3184, 163.3187, 40 163.3213, 163.3245, 186.008, 186.515, 190.005, 41 190.046, 195.087, 206.27, 207.021, 212.055, 215.619, 42 215.95, 216.182, 216.192, 259.045, 282.709, 288.975, 43 316.545, 320.275, 322.125, 331.353, 336.025, 337.243, 44 369.305, 373.114, 373.139, 373.217, 373.2295, 45 373.4275, 373.703, 377.2425, 380.031, 380.032, 46 380.045, 380.05, 380.055, 380.0552, 380.0555, 380.06, 47 380.07, 380.115, 381.0065, 388.4111, 397.333, 403.061, 48 581.217, 624.509, 943.0313, 943.06, 945.602, 945.6035, 49 945.6036, 1002.33, 1002.36, and 1013.25, F.S.; 50 conforming provisions and cross-references to changes 51 made by the act; providing an effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Legislative purpose.—It is the intent of the 56 Legislature to pursue a state executive structure more aligned 57 with the federal system in order to promote greater 58 accountability and efficiency. When America’s founding fathers 59 designed our federal government structure, they intentionally 60 chose a system in which there was a unitary executive. The 61 founders very consciously declined to sap the executive’s 62 strength by dividing the executive power and instead vested the 63 executive power in one elected individual, believing that an 64 energetic executive is the leading character in the definition 65 of good government. The changes made herein reflect our intent 66 to move away from a plural executive structure toward more 67 unitary executive governance that encourages greater 68 accountability in the democratic process and efficiencies in 69 government. 70 Section 2. Type two transfers from the Executive Office of 71 the Governor.— 72 (1)(a) All powers, duties, functions, records, offices, 73 personnel, associated administrative support positions, 74 property, pending issues, existing contracts, administrative 75 authority, administrative rules, and unexpended balances of 76 appropriations, allocations, and other funds relating to the 77 Administration Commission in the Executive Office of the 78 Governor are transferred by a type two transfer, as defined in 79 s. 20.06(2), Florida Statutes, to the Division of Administrative 80 Hearings, the Florida Commission on Human Relations, and the 81 Department of Economic Opportunity as appropriate. 82 (b) Any binding contract or interagency agreement existing 83 before October 1, 2020, between the Administration Commission in 84 the Executive Office of the Governor, or an entity or agent of 85 the commission, and any other agency, entity, or person shall 86 continue as a binding contract or agreement for the remainder of 87 the term of such contract or agreement on the successor entity 88 responsible for the program, activity, or functions relative to 89 the contract or agreement. 90 (2) All powers, duties, functions, records, offices, 91 personnel, associated administrative support positions, 92 property, pending issues, existing contracts, administrative 93 authority, administrative rules, and unexpended balances of 94 appropriations, allocations, and other funds relating to the 95 Florida Land and Water Adjudicatory Commission are transferred 96 by a type two transfer, as defined in s. 20.06(2), Florida 97 Statutes, to the Department of Environmental Protection, the 98 Department of Economic Opportunity, and the Division of 99 Administrative Hearings as appropriate. 100 (3)(a) All powers, duties, functions, records, offices, 101 personnel, associated administrative support positions, 102 property, pending issues, existing contracts, administrative 103 authority, administrative rules, and unexpended balances of 104 appropriations, allocations, and other funds relating to the 105 State of Florida Correctional Medical Authority in the Executive 106 Office of the Governor are transferred by a type two transfer, 107 as defined in s. 20.06(2), Florida Statutes, to the Department 108 of Health. 109 (b) Any binding contract or interagency agreement existing 110 before October 1, 2020, between the State of Florida 111 Correctional Medical Authority in the Executive Office of the 112 Governor, or an entity or agent of the authority, and any other 113 agency, entity, or person shall continue as a binding contract 114 or agreement for the remainder of the term of such contract or 115 agreement on the successor department, agency, or entity 116 responsible for the program, activity, or functions relative to 117 the contract or agreement. 118 Section 3. (1) Notwithstanding ss. 216.292 and 216.351, 119 Florida Statutes, upon approval by the Legislative Budget 120 Commission, the Executive Office of the Governor may transfer 121 funds and positions between agencies to implement this act. 122 (2) The Governor shall submit in a timely manner to the 123 applicable federal departments or agencies any necessary 124 amendments or supplemental information concerning plans that the 125 state is required to submit to the Federal Government in 126 connection with any federal or state program. The Governor shall 127 seek any waivers from the requirements of federal law or rules 128 which may be necessary to administer the provisions of this act. 129 (3) The transfer of any program, activity, duty, or 130 function under this act includes the transfer of any records and 131 unexpended balances of appropriations, allocations, or other 132 funds related to such program, activity, duty, or function. 133 Unless otherwise provided, the successor organization to any 134 program, activity, duty, or function transferred under this act 135 shall become the custodian of any property of the organization 136 that was responsible for the program, activity, duty, or 137 function immediately prior to the transfer. 138 Section 4. The Legislature recognizes that there is a need 139 to conform the Florida Statutes to the policy decisions 140 reflected in this act and that there is a need to resolve 141 apparent conflicts between any other legislation that has been 142 or may be enacted during the 2020 Regular Session of the 143 Legislature and the transfer of duties made by this act. 144 Therefore, in the interim between this act becoming law and the 145 2021 Regular Session of the Legislature or an earlier special 146 session addressing this issue, the Division of Law Revision is 147 directed to provide the relevant substantive committees of the 148 Senate and the House of Representatives with assistance, upon 149 request, to enable such committees to prepare draft legislation 150 to conform the Florida Statutes and any legislation enacted 151 during the 2020 Regular Session of the Legislature to the 152 provisions of this act. 153 Section 5. Section 14.202, Florida Statutes, is repealed. 154 Section 6. Subsection (1) of section 20.24, Florida 155 Statutes, is amended to read: 156 20.24 Department of Highway Safety and Motor Vehicles. 157 There is created a Department of Highway Safety and Motor 158 Vehicles. 159 (1) The head of the Department of Highway Safety and Motor 160 Vehicles shall be a secretary appointed byisthe Governor and 161 confirmed by the Senate. The secretary shall serve at the 162 pleasure of the GovernorCabinet. 163 Section 7. Subsection (1) of section 20.255, Florida 164 Statutes, is amended to read: 165 20.255 Department of Environmental Protection.—There is 166 created a Department of Environmental Protection. 167 (1) The head of the Department of Environmental Protection 168 shall be a secretary, who shall be appointed by the Governor,169with the concurrence of three members of the Cabinet. The 170 secretary shall be confirmed by theFloridaSenate. The 171 secretary shall serve at the pleasure of the Governor. 172 Section 8. Paragraph (a) of subsection (4) and subsections 173 (5) and (10) of section 30.49, Florida Statutes, are amended to 174 read: 175 30.49 Budgets.— 176 (4) The board of county commissioners or the budget 177 commission, as appropriate, may require the sheriff to correct 178 mathematical, mechanical, factual, and clerical errors and 179 errors as to form in the proposed budget. At the hearings held 180 pursuant to s. 200.065, the board or commission may amend, 181 modify, increase, or reduce any or all items of expenditure in 182 the proposed budget, as certified by the sheriff pursuant to 183 paragraphs (2)(a)-(c), and shall approve such budget, as 184 amended, modified, increased, or reduced. The board or 185 commission must give written notice of its action to the sheriff 186 and specify in such notice the specific items amended, modified, 187 increased, or reduced. The budget must include the salaries and 188 expenses of the sheriff’s office, cost of operation of the 189 county jail, purchase, maintenance and operation of equipment, 190 including patrol cars, radio systems, transporting prisoners, 191 court duties, and all other salaries, expenses, equipment, and 192 investigation expenditures of the entire sheriff’s office for 193 the previous year. 194 (a) The sheriff, within 30 days after receiving written 195 notice of such action by the board or commission, in person or 196 in his or her office, may file an appeal by petition to the 197 Division of Administrative Hearings within the Department of 198 Management ServicesAdministration Commission. The petition must 199 set forth the budget proposed by the sheriff, in the form and 200 manner prescribed by the Division of Administrative Hearings 201Executive Office of the Governor and approved by the202Administration Commission, and the budget as approved by the 203 board of county commissioners or the budget commission and shall 204 contain the reasons or grounds for the appeal. Such petition 205 shall be filed with the Division of Administrative Hearings 206Executive Office of the Governor, and a copy served upon the 207 board or commission from the decision of which appeal is taken 208 by delivering the same to the chair or president thereof or to 209 the clerk of the circuit court. 210 (5) Upon receipt of the petition, the Division of 211 Administrative HearingsExecutive Office of the Governorshall 212 provide for a budget hearing at which the matters presented in 213 the petition and the reply shall be considered.A report of the214findings and recommendations of the Executive Office of the215Governor thereon shall be promptly submitted to the216Administration Commission, which,Within 30 days after the 217 hearing, the administrative law judge of the Division of 218 Administrative Hearings shall issue a final order to, shall219 either approve the action of the board or commission as to each 220 separate item, or approve the budget as proposed by the sheriff 221 as to each separate item, or amend or modify the budget as to 222 each separate item within the limits of the proposed board of 223 expenditures and the expenditures as approved by the board of 224 county commissioners or the budget commission, as the case may 225 be. The budget as approved, amended, or modified by the Division 226 of Administrative HearingsAdministration Commissionshall be 227 final. 228 (10) If in the judgment of the sheriff an emergency should 229 arise by reason of which the sheriff would be unable to perform 230 his or her duties without the expenditure of larger amounts than 231 those provided in the budget, he or she may apply to the board 232 of county commissioners for the appropriation of additional 233 amounts. If the board of county commissioners approves the 234 sheriff’s request, no further action is required on either 235 party. If the board of county commissioners disapproves a 236 portion or all of the sheriff’s request, the sheriff may apply 237 to the Division of Administrative HearingsAdministration238Commissionfor the appropriation of additional amounts. The 239 sheriff shall at the same time deliver a copy of the application 240 tothe Administration Commission,the board of county 241 commissioners,and the budget commission,if there is a budget 242 commission within the county. The Division of Administrative 243 Hearings may conductAdministration Commission may requirea 244 budget hearing on the application, after due notice to the 245 sheriff and to the boards, and may grant or deny an increase or 246 increases in the appropriations for the sheriff’s offices. If 247 any increase is granted, the board of county commissioners, and 248 the budget commission, if there is a budget commission in the 249 county, shall amend accordingly the budget of the appropriate 250 county fund or funds. Such budget shall be brought into balance, 251 if possible, by application of excess receipts in such county 252 fund or funds. If such excess receipts are not available in 253 sufficient amount, the county fund budget or budgets shall be 254 brought into balance by adding an item of “Vouchers unpaid” in 255 the appropriate amount to the receipts side of the budget, and 256 provision for paying such vouchers shall be made in the budget 257 of the county fund for the next fiscal year. 258 Section 9. Paragraph (a) of subsection (2) of section 259 110.112, Florida Statutes, is amended to read: 260 110.112 Affirmative action; equal employment opportunity.— 261 (2)(a) The head of each executive agency shall develop and 262 implement an affirmative action plan in accordance with rules 263 adopted by the department and approved by a majority vote of the 264 Florida Commission on Human RelationsAdministration Commission265 before their adoption. 266 Section 10. Subsection (5) and paragraph (c) of subsection 267 (6) of section 110.161, Florida Statutes, are amended to read: 268 110.161 State employees; pretax benefits program.— 269 (5) The Department of Management Services shall develop 270 rules for the pretax benefits program, which shall specify the 271 benefits to be offered under the program, the continuing tax 272 exempt status of the program, and any other matters deemed 273 necessary by the department to implement this section.The rules274must be approved by a majority vote of the Administration275Commission.276 (6) The Department of Management Services is authorized to 277 administer the pretax benefits program established for all 278 employees so that employees may receive benefits that are not 279 includable in gross income under the Internal Revenue Code of 280 1986. The pretax benefits program: 281 (c) May provide for the payment of such premiums through a 282 pretax payroll procedure. TheAdministration Commission and the283 Department of Management Services isaredirected to take all 284 actions necessary to preserve the tax-exempt status of the 285 program. 286 Section 11. Paragraphs (a), (b), and (c) of subsection (1) 287 and subsection (4) of section 110.201, Florida Statutes, are 288 amended to read: 289 110.201 Personnel rules, records, and reports.— 290 (1)(a) The department, in consultation with agencies that 291 must comply with these rules, shall develop uniform personnel 292 rules, guidelines, records, and reports relating to employees 293 and positions in the career service. Agencies must comply with 294 the uniform rules, except as provided in this section. The 295 department may adopt rules that provide alternative 296 requirements. Upon filing with the Department of State, the 297 appropriate uniform rules will constitute the personnel rules 298 for each agency subject to this act unless the department 299Administration Commissiongrants an exception to a specific rule 300 to an agency upon the agency’s request or unless the agency must 301 comply with a statutory provision that conflicts with the 302 uniform rules. If an agency must comply with a statutory 303 provision that conflicts with the uniform rules, the agency must 304 notify the departmentAdministration Commission, the 305 Administrative Procedures Committee, and the appropriate 306 standing committees of the Legislature and advise the standing 307 committees whether the agency recommends revision of the statute 308 to conform it to the uniform rules. Agencies are encouraged to 309 propose methods of conforming statutory provisions to the 310 uniform personnel rules. 311 (b) An agency may request an exception to the uniform 312 personnel rules by filing a petition with the department 313Administration Commission. The departmentAdministration314Commissionshall approve an exception when the exception is 315 necessary to conform to any requirement imposed as a condition 316 precedent to receipt of federal funds or to permit persons in 317 this state to receive tax benefits under federal law, or as 318 required for the most efficient operation of the agency as 319 determined by the departmentAdministration Commission. The 320 reasons for the exception must be published in the Florida 321 Administrative Register. 322 (c) Agency rules that provide exceptions to the uniform 323 personnel rules may not be filed with the Department of State 324 unless the departmentAdministration Commissionhas approved the 325 exceptions. Each agency that adopts rules that provide 326 exceptions to the uniform rules or that must comply with 327 statutory requirements that conflict with the uniform rules must 328 have a separate chapter published in the Florida Administrative 329 Code which clearly delineates the provisions of the agency’s 330 rules which provide exceptions or are based upon a conflicting 331 statutory requirement. Each alternative chosen from those 332 authorized by the uniform rules must be specified. Each chapter 333 must be organized in the same manner as the uniform rules. 334 (4) The department shall coordinate with the Governorand335consult with the Administration Commissionon personnel matters 336 falling within the scope of collective bargaining and shall 337 represent the Governor in collective bargaining negotiations and 338 other collective bargaining matters as may be necessary. All 339 discussions between the department and the Governor, and between 340 the department andthe Administration Commission oragency 341 heads, or between any of their respective representatives, 342 relative to collective bargaining, shall be exempt from the 343 provisions of s. 286.011, and all work products relative to 344 collective bargaining developed in conjunction with such 345 discussions shall be confidential and exempt from the provisions 346 of s. 119.07(1). 347 Section 12. Paragraph (e) of subsection (1) of section 348 110.2035, Florida Statutes, is amended to read: 349 110.2035 Classification and compensation program.— 350 (1) The departmentof Management Servicesshall establish 351 and maintain a classification and compensation program 352 addressing Career Service, Selected Exempt Service, and Senior 353 Management Service positions. No action may be taken to fill any 354 position until it has been classified in accordance with the 355 classification plan. 356 (e) In cooperation and consultation with the employing 357 agencies, the department shall adopt rules necessary to govern 358 the administration of the classification plan.Such rules shall359be approved by the Administration Commission prior to their360adoption by the department.361 Section 13. Paragraph (n) of subsection (2) of section 362 110.205, Florida Statutes, is amended to read: 363 110.205 Career service; exemptions.— 364 (2) EXEMPT POSITIONS.—The exempt positions that are not 365 covered by this part include the following: 366 (n)1.a. In addition to those positions exempted by other 367 paragraphs of this subsection, each department head may 368 designate a maximum of 20 policymaking or managerial positions, 369 as defined by the departmentand approved by the Administration370Commission, as being exempt from the Career Service System. 371 Career service employees who occupy a position designated as a 372 position in the Selected Exempt Service under this paragraph 373 shall have the right to remain in the Career Service System by 374 opting to serve in a position not exempted by the employing 375 agency. Unless otherwise fixed by law, the department shall set 376 the salary and benefits of these positions in accordance with 377 the rules of the Selected Exempt Service; provided, however, 378 that if the agency head determines that the general counsel, 379 chief Cabinet aide, public information administrator or 380 comparable position for a Cabinet officer, inspector general, or 381 legislative affairs director has both policymaking and 382 managerial responsibilities and if the department determines 383 that any such position has both policymaking and managerial 384 responsibilities, the salary and benefits for each such position 385 shall be established by the department in accordance with the 386 rules of the Senior Management Service. 387 b. In addition, each department may designate one 388 additional position in the Senior Management Service if that 389 position reports directly to the agency head or to a position in 390 the Senior Management Service and if any additional costs are 391 absorbed from the existing budget of that department. 392 2. If otherwise exempt, employees of the Public Employees 393 Relations Commission, the Commission on Human Relations, and the 394 Reemployment Assistance Appeals Commission, upon the 395 certification of their respective commission heads, may be 396 provided for under this paragraph as members of the Senior 397 Management Service, if otherwise qualified. However, the deputy 398 general counsel of the Public Employees Relations Commission 399 shall be compensated as members of the Selected Exempt Service. 400 Section 14. Subsection (5) of section 110.21, Florida 401 Statutes, is amended to read: 402 110.21 Shared employment.—In order to promote part-time 403 career employment opportunities at all levels in the career 404 service, the department shall establish and maintain a plan for 405 shared employment applicable to all classes in the career 406 service and shall be responsible for the overall review, 407 coordination, and administration of the shared-employment plan. 408 (5) The department shall adopt any rules necessary to 409 implement the provisions of this section; however, such rules410shall be approved by the Administration Commission prior to411their adoption by the department. 412 Section 15. Subsection (5) of section 110.219, Florida 413 Statutes, is amended to read: 414 110.219 Attendance and leave; general policies.— 415 (5) Rules shall be adopted by the department in cooperation 416 and consultation with the agencies to implement the provisions 417 of this section; however, such rules must be approved by the418Administration Commission prior to their adoption. Such rules 419 must provide for, but need not be limited to: 420 (a) The maximum responsibility and authority resting with 421 each agency head to administer attendance and leave matters in 422 the agency within the parameters of the rules adopted by the 423 department. 424 (b) Creditable service in which 1 month of service credit 425 is awarded for each calendar month that the employee is on the 426 payroll of a state agency or during which the employee is on 427 authorized leave without pay. 428 (c) Holidays as provided in s. 110.117. 429 (d) Overtime provisions. 430 (e) Annual leave provisions. 431 (f) Sick leave provisions. 432 (g) Parental leave provisions. 433 (h) Family medical leave provisions. 434 (i) Disability leave provisions. 435 (j) Compulsory disability leave provisions. 436 (k) Administrative leave provisions. 437 (l) Military leave provisions. 438 (m) Educational leave with pay provisions. 439 (n) Leave of absence without pay provisions. 440 Section 16. Paragraph (b) of subsection (2) of section 441 110.227, Florida Statutes, is amended to read: 442 110.227 Suspensions, dismissals, reductions in pay, 443 demotions, layoffs, transfers, and grievances.— 444 (2) 445 (b) For the implementation of layoffs as defined in s. 446 110.107, the department shall develop rules requiring retention 447 of the agency’s employees based upon objective measures that 448 give consideration to comparative merit, demonstrated skills, 449 the employee’s experience, and the employee’s length of service. 450Such rules shall be approved by the Administration Commission451before their adoption by the department.452 Section 17. Subsection (1) of section 110.403, Florida 453 Statutes, is amended to read: 454 110.403 Powers and duties of the department.— 455 (1) In order to implement the purposes of this part, the 456 Department of Management Services, after approval by the457Administration Commission,shall adopt and amend rules providing 458 for: 459 (a) A system for employing, promoting, or reassigning 460 managers that is responsive to organizational or program needs. 461 In no event shall the number of positions included in the Senior 462 Management Service exceed 1.0 percent of the total full-time 463 equivalent positions in the career service. The department shall 464 deny approval to establish any position within the Senior 465 Management Service which would exceed the limitation established 466 in this paragraph. The department shall report that the 467 limitation has been reached to the Governor, the President of 468 the Senate, and the Speaker of the House of Representatives, as 469 soon as practicable after such event occurs. Employees in the 470 Senior Management Service shall serve at the pleasure of the 471 agency head and shall be subject to suspension, dismissal, 472 reduction in pay, demotion, transfer, or other personnel action 473 at the discretion of the agency head. Such personnel actions are 474 exempt from the provisions of chapter 120. 475 (b) A performance appraisal system which shall take into 476 consideration individual and organizational efficiency, 477 productivity, and effectiveness. 478 (c) A classification plan and a salary and benefit plan 479 that provides appropriate incentives for the recruitment and 480 retention of outstanding management personnel and provides for 481 salary increases based on performance. 482 (d) A system of rating duties and responsibilities for 483 positions within the Senior Management Service and the 484 qualifications of candidates for those positions. 485 (e) A system for documenting actions taken on agency 486 requests for approval of position exemptions and special pay 487 increases. 488 (f) Requirements regarding recordkeeping by agencies with 489 respect to Senior Management Service positions. Such records 490 shall be audited periodically by the departmentof Management491Servicesto determine agency compliance with the provisions of 492 this part and the rules of the departmentof Management493Services. 494 (g) Other procedures relating to personnel administration 495 to carry out the purposes of this part. 496 (h) A program of affirmative and positive action that will 497 ensure full utilization of women and minorities in Senior 498 Management Service positions. 499 Section 18. Subsection (2) of section 112.175, Florida 500 Statutes, is amended to read: 501 112.175 Employee wages; withholding to repay educational 502 loan.— 503 (2) The Department of Management ServicesAdministration504Commissionshall adopt rules to implement this section, which 505 shall include, but not be limited to, a standard method of 506 calculating amounts to be withheld from employees who have 507 failed to establish a repayment schedule within the specified 508 period of time or failed to meet the terms and conditions of the 509 agreed to or approved repayment schedule provided for in this 510 section. Such method shall consider the following factors: 511 (a) The amount of the loan which remains outstanding; 512 (b) The income of the employee who owes such amount; and 513 (c) Other factors such as the number of dependents 514 supported by the employee. 515 Section 19. Subsection (7) of section 120.533, Florida 516 Statutes, is amended to read: 517 120.533 Coordination of the transmittal, indexing, and 518 listing of agency final orders by Department of State.—The 519 Department of State shall: 520 (7) Adopt rules as necessary to administer its 521 responsibilities under this section, which shall be binding on 522 all agencies including the division acting in the capacity of 523 official compiler of administrative final orders under s. 524 120.53, notwithstanding s. 120.65.The Department of State may525provide for an alternative official compiler to manage and526operate the division’s database and related services if the527Administration Commission determines that the performance of the528division as official compiler is unsatisfactory.529 Section 20. Subsection (5) of section 120.54, Florida 530 Statutes, is amended to read: 531 120.54 Rulemaking.— 532 (5) UNIFORM RULES.— 533 (a)1. The divisionBy July 1, 1997, the Administration534Commissionshall adopt one or more sets of uniform rules of 535 procedure which shall be reviewed by the committee and filed 536 with the Department of State. Agencies must comply with the 537 uniform rulesby July 1, 1998. The uniform rules shall establish 538 procedures that comply with the requirements of this chapter. On 539 filing with the department, the uniform rules shall be the rules 540 of procedure for each agency subject to this chapter unless the 541 divisionAdministration Commissiongrants an exception to the 542 agency under this subsection. 543 2. An agency may seek exceptions to the uniform rules of 544 procedure by filing a petition with the division. The division 545Administration Commission. The Administration Commissionshall 546 approve exceptions to the extent necessary to implement other 547 statutes, to the extent necessary to conform to any requirement 548 imposed as a condition precedent to receipt of federal funds or 549 to permit persons in this state to receive tax benefits under 550 federal law, or as required for the most efficient operation of 551 the agency as determined by the divisionAdministration552Commission. The reasons for the exceptions shall be published in 553 the Florida Administrative Register. 554 3. Agency rules that provide exceptions to the uniform 555 rules shall not be filed with the department unless the division 556Administration Commissionhas approved the exceptions. Each 557 agency that adopts rules that provide exceptions to the uniform 558 rules shall publish a separate chapter in the Florida 559 Administrative Code that delineates clearly the provisions of 560 the agency’s rules that provide exceptions to the uniform rules 561 and specifies each alternative chosen from among those 562 authorized by the uniform rules. Each chapter shall be organized 563 in the same manner as the uniform rules. 564 (b) The uniform rules of procedure adopted by the division 565commissionpursuant to this subsection shall include, but are 566 not limited to: 567 1. Uniform rules for the scheduling of public meetings, 568 hearings, and workshops. 569 2. Uniform rules for use by each state agency that provide 570 procedures for conducting public meetings, hearings, and 571 workshops, and for taking evidence, testimony, and argument at 572 such public meetings, hearings, and workshops, in person and by 573 means of communications media technology. The rules shall 574 provide that all evidence, testimony, and argument presented 575 shall be afforded equal consideration, regardless of the method 576 of communication. If a public meeting, hearing, or workshop is 577 to be conducted by means of communications media technology, or 578 if attendance may be provided by such means, the notice shall so 579 state. The notice for public meetings, hearings, and workshops 580 utilizing communications media technology shall state how 581 persons interested in attending may do so and shall name 582 locations, if any, where communications media technology 583 facilities will be available. Nothing in this paragraph shall be 584 construed to diminish the right to inspect public records under 585 chapter 119. Limiting points of access to public meetings, 586 hearings, and workshops subject to the provisions of s. 286.011 587 to places not normally open to the public shall be presumed to 588 violate the right of access of the public, and any official 589 action taken under such circumstances is void and of no effect. 590 Other laws relating to public meetings, hearings, and workshops, 591 including penal and remedial provisions, shall apply to public 592 meetings, hearings, and workshops conducted by means of 593 communications media technology, and shall be liberally 594 construed in their application to such public meetings, 595 hearings, and workshops. As used in this subparagraph, 596 “communications media technology” means the electronic 597 transmission of printed matter, audio, full-motion video, 598 freeze-frame video, compressed video, and digital video by any 599 method available. 600 3. Uniform rules of procedure for the filing of notice of 601 protests and formal written protests. The division 602Administration Commissionmay prescribe the form and substantive 603 provisions of a required bond. 604 4. Uniform rules of procedure for the filing of petitions 605 for administrative hearings pursuant to s. 120.569 or s. 120.57. 606 Such rules shall require the petition to include: 607 a. The identification of the petitioner, including the 608 petitioner’s e-mail address, if any, for the transmittal of 609 subsequent documents by electronic means. 610 b. A statement of when and how the petitioner received 611 notice of the agency’s action or proposed action. 612 c. An explanation of how the petitioner’s substantial 613 interests are or will be affected by the action or proposed 614 action. 615 d. A statement of all material facts disputed by the 616 petitioner or a statement that there are no disputed facts. 617 e. A statement of the ultimate facts alleged, including a 618 statement of the specific facts the petitioner contends warrant 619 reversal or modification of the agency’s proposed action. 620 f. A statement of the specific rules or statutes that the 621 petitioner contends require reversal or modification of the 622 agency’s proposed action, including an explanation of how the 623 alleged facts relate to the specific rules or statutes. 624 g. A statement of the relief sought by the petitioner, 625 stating precisely the action petitioner wishes the agency to 626 take with respect to the proposed action. 627 5. Uniform rules for the filing of request for 628 administrative hearing by a respondent in agency enforcement and 629 disciplinary actions. Such rules shall require a request to 630 include: 631 a. The name, address, e-mail address, and telephone number 632 of the party making the request and the name, address, and 633 telephone number of the party’s counsel or qualified 634 representative upon whom service of pleadings and other papers 635 shall be made; 636 b. A statement that the respondent is requesting an 637 administrative hearing and disputes the material facts alleged 638 by the petitioner, in which case the respondent shall identify 639 those material facts that are in dispute, or that the respondent 640 is requesting an administrative hearing and does not dispute the 641 material facts alleged by the petitioner; and 642 c. A reference by file number to the administrative 643 complaint that the party has received from the agency and the 644 date on which the agency pleading was received. 645 646 The agency may provide an election-of-rights form for the 647 respondent’s use in requesting a hearing, so long as any form 648 provided by the agency calls for the information in sub 649 subparagraphs a. through c. and does not impose any additional 650 requirements on a respondent in order to request a hearing, 651 unless such requirements are specifically authorized by law. 652 6. Uniform rules of procedure for the filing and prompt 653 disposition of petitions for declaratory statements. The rules 654 shall also describe the contents of the notices that must be 655 published in the Florida Administrative Register under s. 656 120.565, including any applicable time limit for the filing of 657 petitions to intervene or petitions for administrative hearing 658 by persons whose substantial interests may be affected. 659 7. Provision of a method by which each agency head shall 660 provide a description of the agency’s organization and general 661 course of its operations. The rules shall require that the 662 statement concerning the agency’s organization and operations be 663 published on the agency’s website. 664 8. Uniform rules establishing procedures for granting or 665 denying petitions for variances and waivers pursuant to s. 666 120.542. 667 Section 21. Subsection (3) of section 120.542, Florida 668 Statutes, is amended to read: 669 120.542 Variances and waivers.— 670 (3) The divisionGovernor and Cabinet, sitting as the671Administration Commission,shall adopt uniform rules of 672 procedure pursuant to the requirements of s. 120.54(5) 673 establishing procedures for granting or denying petitions for 674 variances and waivers. The uniform rules shall include 675 procedures for the granting, denying, or revoking of emergency 676 and temporary variances and waivers. Such provisions may provide 677 for expedited timeframes, waiver of or limited public notice, 678 and limitations on comments on the petition in the case of such 679 temporary or emergency variances and waivers. 680 Section 22. Section 120.63, Florida Statutes, is amended to 681 read: 682 120.63 Exemption from act.— 683 (1) Upon application of any agency, the Department of 684 Management ServicesAdministration Commissionmay exempt any 685 process or proceeding governed by this act from one or more 686 requirements of this act: 687 (a) When the agency head has certified that the requirement 688 would conflict with any provision of federal law or rules with 689 which the agency must comply; 690 (b) In order to permit persons in the state to receive tax 691 benefits or federal funds under any federal law; or 692 (c) When the Department of Management Servicescommission693 has found that conformity with the requirements of the part or 694 parts of this act for which exemption is sought would be so 695 inconvenient or impractical as to defeat the purpose of the 696 agency proceeding involved or the purpose of this act and would 697 not be in the public interest in light of the nature of the 698 intended action and the enabling act or other laws affecting the 699 agency. 700 (2) The Department of Management Servicescommissionmay 701 not exempt an agency from any requirement of this act pursuant 702 to this section until it establishes alternative procedures to 703 achieve the agency’s purpose which shall be consistent, insofar 704 as possible, with the intent and purpose of the act. 705 (a) Prior to the granting of any exemption authorized by 706 this section, the Department of Management Servicescommission707 shall hold a public hearing after notice given as provided in s. 708 120.525. Upon the conclusion of the hearing, the Department of 709 Management Servicescommission, through the Executive Office of710the Governor,shall issue an order specifically granting or 711 denying the exemption and specifying any processes or 712 proceedings exempted and the extent of the exemption; transmit 713 to the committee and to the Department of State a copy of the 714 petition, a certified copy of the order granting or denying the 715 petition, and a copy of any alternative procedures prescribed; 716 and give notice of the petition and the Department of Management 717 Services’commission’sresponse in the Florida Administrative 718 Register. 719 (b) An exemption and any alternative procedure prescribed 720 shall terminate 90 days following adjournment sine die of the 721 then-current or next regular legislative session after issuance 722 of the exemption order, or upon the effective date of any 723 subsequent legislation incorporating the exemption or any 724 partial exemption related thereto, whichever is earlier. The 725 exemption granted by the Department of Management Services 726commissionshall be renewable upon the same or similar facts not 727 more than once. Such renewal shall terminate as would an 728 original exemption. 729 Section 23. Subsections (1), (2), and (8) of section 730 120.65, Florida Statutes, are amended to read: 731 120.65 Administrative law judges.— 732 (1) The Division of Administrative Hearings within the 733 Department of Management Services shall be headed by a director 734 who shall be appointed by the Governor. The Supreme Court 735 Judicial Nominating Commission shall recommend to the Governor 736 three qualified candidates for the director position. The 737 Governor may reject the nominations and request the submission 738 of three new nominees. The Governor shall appoint a director 739 from among the recommendationsAdministration Commission and740confirmed by the Senate. The director, who shall also serve as 741 the chief administrative law judge, and any deputy chief 742 administrative law judge must possess the same minimum 743 qualifications as the administrative law judges employed by the 744 division. The Deputy Chief Judge of Compensation Claims must 745 possess the minimum qualifications established in s. 440.45(2) 746 and shall report to the director. The division shall be a 747 separate budget entity, and the director shall be its agency 748 head for all purposes. The Department of Management Services 749 shall provide administrative support and service to the division 750 to the extent requested by the director. The division shall not 751 be subject to control, supervision, or direction by the 752 Department of Management Services in any manner, including, but 753 not limited to, personnel, purchasing, transactions involving 754 real or personal property, and budgetary matters. 755 (2) The director has the right to appeal actions by the 756 Executive Office of the Governor that affect amendments to the 757 division’s approved operating budget or any personnel actions 758 pursuant to chapter 216 to the Governor and Cabinet 759Administration Commission, which shall decide such issue by760majority vote. The appropriations committees may advise the 761 Governor and CabinetAdministration Commissionon the issue. If 762 the President of the Senate and the Speaker of the House of 763 Representatives object in writing to the effects of the appeal, 764 the appeal may be affirmed by the majority vote of the Governor 765 and Cabinetaffirmative vote of two-thirds of the commission766members present. 767 (8) Not later than February 1 of each year, the division 768 shall issue a written report to the Administrative Procedures 769 Committee and the GovernorAdministration Commission, including 770 at least the following information: 771 (a) A summary of the extent and effect of agencies’ 772 utilization of administrative law judges, court reporters, and 773 other personnel in proceedings under this chapter. 774 (b) Recommendations for change or improvement in the 775 Administrative Procedure Act or any agency’s practice or policy 776 with respect thereto. 777 (c) Recommendations as to those types of cases or disputes 778 which should be conducted under the summary hearing process 779 described in s. 120.574. 780 (d) A report regarding each agency’s compliance with the 781 filing requirement in s. 120.57(1)(m). 782 Section 24. Paragraph (a) of subsection (1) and subsection 783 (5) of section 120.80, Florida Statutes, are amended to read: 784 120.80 Exceptions and special requirements; agencies.— 785 (1) DIVISION OF ADMINISTRATIVE HEARINGS.— 786 (a) Division as a party.—Notwithstanding s. 120.57(1)(a), a 787 hearing in which the division is a party may not be conducted by 788 an administrative law judge assigned by the division. An 789 attorney assigned by the Department of Management Services 790Administration Commissionshall be the hearing officer. 791 (5) LAND USE AND PLANNINGFLORIDA LAND AND WATER792ADJUDICATORY COMMISSION.—Notwithstanding the provisions of s.793120.57(1)(a),When the divisionFlorida Land and Water794Adjudicatory Commissionreceives a notice of appeal pursuant to 795 s. 380.07, the divisionthe commissionshall notify the 796 Department of Economic Opportunity and the Department of 797 Environmental Protectiondivisionwithin 60 days after receipt 798 of the notice of appealif the commission elects to request the799assignment of an administrative law judge. 800 Section 25. Subsection (4) of section 161.55, Florida 801 Statutes, is amended to read: 802 161.55 Requirements for activities or construction within 803 the coastal building zone.—The following requirements shall 804 apply beginning March 1, 1986, to construction within the 805 coastal building zone and shall be minimum standards for 806 construction in this area: 807 (4) APPLICATION TO COASTAL BARRIER ISLANDS.—All 808 requirements of this part which are applicable to the coastal 809 building zone shall also apply to coastal barrier islands. The 810 coastal building zone on coastal barrier islands shall be the 811 land area from the seasonal high-water line to a line 5,000 feet 812 landward from the coastal construction control line established 813 pursuant to s. 161.053, or the entire island, whichever is less. 814 For coastal barrier islands on which a coastal construction 815 control line has not been established pursuant to s. 161.053, 816 the coastal building zone shall be the land area seaward of the 817 most landward velocity zone (V-zone) boundary line fronting upon 818 the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of 819 Florida. All land area in the Florida Keys located within Monroe 820 County shall be included in the coastal building zone. The 821 coastal building zone on any coastal barrier island between 822 Sebastian Inlet and Fort Pierce Inlet may be reduced in size 823 upon approval of the departmentLand and Water Adjudicatory824Commission, if it determines that the local government with 825 jurisdiction has provided adequate protection for the barrier 826 island. In no case, however, shall the coastal building zone be 827 reduced to an area less than a line 2,500 feet landward of the 828 coastal construction control line. The departmentLand and Water829Adjudicatory Commissionshall withdraw its approval for a 830 reduced coastal building zone if it determines that 6 months 831 after a local government comprehensive plan is due for 832 submission to the state land planning agency pursuant to s. 833 163.3167 the local government with jurisdiction has not adopted 834 a coastal management element which is in compliance with s. 835 163.3178. 836 Section 26. Subsection (2) and present subsection (45) of 837 section 163.3164, Florida Statutes, are amended to read: 838 163.3164 Community Planning Act; definitions.—As used in 839 this act: 840(2)“Administration Commission” means the Governor and the841Cabinet, and for purposes of this chapter the commission shall842act on a simple majority vote, except that for purposes of843imposing the sanctions provided in s. 163.3184(8), affirmative844action shall require the approval of the Governor and at least845three other members of the commission.846 (44)(45)“Structure” has the same meaning as in s. 847 380.031(18)s. 380.031(19). 848 Section 27. Paragraph (f) of subsection (1) and paragraph 849 (a) of subsection (6) of section 163.3177, Florida Statutes, are 850 amended to read: 851 163.3177 Required and optional elements of comprehensive 852 plan; studies and surveys.— 853 (1) The comprehensive plan shall provide the principles, 854 guidelines, standards, and strategies for the orderly and 855 balanced future economic, social, physical, environmental, and 856 fiscal development of the area that reflects community 857 commitments to implement the plan and its elements. These 858 principles and strategies shall guide future decisions in a 859 consistent manner and shall contain programs and activities to 860 ensure comprehensive plans are implemented. The sections of the 861 comprehensive plan containing the principles and strategies, 862 generally provided as goals, objectives, and policies, shall 863 describe how the local government’s programs, activities, and 864 land development regulations will be initiated, modified, or 865 continued to implement the comprehensive plan in a consistent 866 manner. It is not the intent of this part to require the 867 inclusion of implementing regulations in the comprehensive plan 868 but rather to require identification of those programs, 869 activities, and land development regulations that will be part 870 of the strategy for implementing the comprehensive plan and the 871 principles that describe how the programs, activities, and land 872 development regulations will be carried out. The plan shall 873 establish meaningful and predictable standards for the use and 874 development of land and provide meaningful guidelines for the 875 content of more detailed land development and use regulations. 876 (f) All mandatory and optional elements of the 877 comprehensive plan and plan amendments shall be based upon 878 relevant and appropriate data and an analysis by the local 879 government that may include, but not be limited to, surveys, 880 studies, community goals and vision, and other data available at 881 the time of adoption of the comprehensive plan or plan 882 amendment. To be based on data means to react to it in an 883 appropriate way and to the extent necessary indicated by the 884 data available on that particular subject at the time of 885 adoption of the plan or plan amendment at issue. 886 1. Surveys, studies, and data utilized in the preparation 887 of the comprehensive plan may not be deemed a part of the 888 comprehensive plan unless adopted as a part of it. Copies of 889 such studies, surveys, data, and supporting documents for 890 proposed plans and plan amendments shall be made available for 891 public inspection, and copies of such plans shall be made 892 available to the public upon payment of reasonable charges for 893 reproduction. Support data or summaries are not subject to the 894 compliance review process, but the comprehensive plan must be 895 clearly based on appropriate data. Support data or summaries may 896 be used to aid in the determination of compliance and 897 consistency. 898 2. Data must be taken from professionally accepted sources. 899 The application of a methodology utilized in data collection or 900 whether a particular methodology is professionally accepted may 901 be evaluated. However, the evaluation may not include whether 902 one accepted methodology is better than another. Original data 903 collection by local governments is not required. However, local 904 governments may use original data so long as methodologies are 905 professionally accepted. 906 3. The comprehensive plan shall be based upon permanent and 907 seasonal population estimates and projections, which shall 908 either be those published by the Office of Economic and 909 Demographic Research or generated by the local government based 910 upon a professionally acceptable methodology. The plan must be 911 based on at least the minimum amount of land required to 912 accommodate the medium projections as published by the Office of 913 Economic and Demographic Research for at least a 10-year 914 planning period unless otherwise limited under s. 380.05,915including related rules of the Administration Commission. Absent 916 physical limitations on population growth, population 917 projections for each municipality, and the unincorporated area 918 within a county must, at a minimum, be reflective of each area’s 919 proportional share of the total county population and the total 920 county population growth. 921 (6) In addition to the requirements of subsections (1)-(5), 922 the comprehensive plan shall include the following elements: 923 (a) A future land use plan element designating proposed 924 future general distribution, location, and extent of the uses of 925 land for residential uses, commercial uses, industry, 926 agriculture, recreation, conservation, education, public 927 facilities, and other categories of the public and private uses 928 of land. The approximate acreage and the general range of 929 density or intensity of use shall be provided for the gross land 930 area included in each existing land use category. The element 931 shall establish the long-term end toward which land use programs 932 and activities are ultimately directed. 933 1. Each future land use category must be defined in terms 934 of uses included, and must include standards to be followed in 935 the control and distribution of population densities and 936 building and structure intensities. The proposed distribution, 937 location, and extent of the various categories of land use shall 938 be shown on a land use map or map series which shall be 939 supplemented by goals, policies, and measurable objectives. 940 2. The future land use plan and plan amendments shall be 941 based upon surveys, studies, and data regarding the area, as 942 applicable, including: 943 a. The amount of land required to accommodate anticipated 944 growth. 945 b. The projected permanent and seasonal population of the 946 area. 947 c. The character of undeveloped land. 948 d. The availability of water supplies, public facilities, 949 and services. 950 e. The need for redevelopment, including the renewal of 951 blighted areas and the elimination of nonconforming uses which 952 are inconsistent with the character of the community. 953 f. The compatibility of uses on lands adjacent to or 954 closely proximate to military installations. 955 g. The compatibility of uses on lands adjacent to an 956 airport as defined in s. 330.35 and consistent with s. 333.02. 957 h. The discouragement of urban sprawl. 958 i. The need for job creation, capital investment, and 959 economic development that will strengthen and diversify the 960 community’s economy. 961 j. The need to modify land uses and development patterns 962 within antiquated subdivisions. 963 3. The future land use plan element shall include criteria 964 to be used to: 965 a. Achieve the compatibility of lands adjacent or closely 966 proximate to military installations, considering factors 967 identified in s. 163.3175(5). 968 b. Achieve the compatibility of lands adjacent to an 969 airport as defined in s. 330.35 and consistent with s. 333.02. 970 c. Encourage preservation of recreational and commercial 971 working waterfronts for water-dependent uses in coastal 972 communities. 973 d. Encourage the location of schools proximate to urban 974 residential areas to the extent possible. 975 e. Coordinate future land uses with the topography and soil 976 conditions, and the availability of facilities and services. 977 f. Ensure the protection of natural and historic resources. 978 g. Provide for the compatibility of adjacent land uses. 979 h. Provide guidelines for the implementation of mixed-use 980 development including the types of uses allowed, the percentage 981 distribution among the mix of uses, or other standards, and the 982 density and intensity of each use. 983 4. The amount of land designated for future planned uses 984 shall provide a balance of uses that foster vibrant, viable 985 communities and economic development opportunities and address 986 outdated development patterns, such as antiquated subdivisions. 987 The amount of land designated for future land uses should allow 988 the operation of real estate markets to provide adequate choices 989 for permanent and seasonal residents and business and may not be 990 limited solely by the projected population. The element shall 991 accommodate at least the minimum amount of land required to 992 accommodate the medium projections as published by the Office of 993 Economic and Demographic Research for at least a 10-year 994 planning period unless otherwise limited under s. 380.05,995including related rules of the Administration Commission. 996 5. The future land use plan of a county may designate areas 997 for possible future municipal incorporation. 998 6. The land use maps or map series shall generally identify 999 and depict historic district boundaries and shall designate 1000 historically significant properties meriting protection. 1001 7. The future land use element must clearly identify the 1002 land use categories in which public schools are an allowable 1003 use. When delineating the land use categories in which public 1004 schools are an allowable use, a local government shall include 1005 in the categories sufficient land proximate to residential 1006 development to meet the projected needs for schools in 1007 coordination with public school boards and may establish 1008 differing criteria for schools of different type or size. Each 1009 local government shall include lands contiguous to existing 1010 school sites, to the maximum extent possible, within the land 1011 use categories in which public schools are an allowable use. 1012 8. Future land use map amendments shall be based upon the 1013 following analyses: 1014 a. An analysis of the availability of facilities and 1015 services. 1016 b. An analysis of the suitability of the plan amendment for 1017 its proposed use considering the character of the undeveloped 1018 land, soils, topography, natural resources, and historic 1019 resources on site. 1020 c. An analysis of the minimum amount of land needed to 1021 achieve the goals and requirements of this section. 1022 9. The future land use element and any amendment to the 1023 future land use element shall discourage the proliferation of 1024 urban sprawl. 1025 a. The primary indicators that a plan or plan amendment 1026 does not discourage the proliferation of urban sprawl are listed 1027 below. The evaluation of the presence of these indicators shall 1028 consist of an analysis of the plan or plan amendment within the 1029 context of features and characteristics unique to each locality 1030 in order to determine whether the plan or plan amendment: 1031 (I) Promotes, allows, or designates for development 1032 substantial areas of the jurisdiction to develop as low 1033 intensity, low-density, or single-use development or uses. 1034 (II) Promotes, allows, or designates significant amounts of 1035 urban development to occur in rural areas at substantial 1036 distances from existing urban areas while not using undeveloped 1037 lands that are available and suitable for development. 1038 (III) Promotes, allows, or designates urban development in 1039 radial, strip, isolated, or ribbon patterns generally emanating 1040 from existing urban developments. 1041 (IV) Fails to adequately protect and conserve natural 1042 resources, such as wetlands, floodplains, native vegetation, 1043 environmentally sensitive areas, natural groundwater aquifer 1044 recharge areas, lakes, rivers, shorelines, beaches, bays, 1045 estuarine systems, and other significant natural systems. 1046 (V) Fails to adequately protect adjacent agricultural areas 1047 and activities, including silviculture, active agricultural and 1048 silvicultural activities, passive agricultural activities, and 1049 dormant, unique, and prime farmlands and soils. 1050 (VI) Fails to maximize use of existing public facilities 1051 and services. 1052 (VII) Fails to maximize use of future public facilities and 1053 services. 1054 (VIII) Allows for land use patterns or timing which 1055 disproportionately increase the cost in time, money, and energy 1056 of providing and maintaining facilities and services, including 1057 roads, potable water, sanitary sewer, stormwater management, law 1058 enforcement, education, health care, fire and emergency 1059 response, and general government. 1060 (IX) Fails to provide a clear separation between rural and 1061 urban uses. 1062 (X) Discourages or inhibits infill development or the 1063 redevelopment of existing neighborhoods and communities. 1064 (XI) Fails to encourage a functional mix of uses. 1065 (XII) Results in poor accessibility among linked or related 1066 land uses. 1067 (XIII) Results in the loss of significant amounts of 1068 functional open space. 1069 b. The future land use element or plan amendment shall be 1070 determined to discourage the proliferation of urban sprawl if it 1071 incorporates a development pattern or urban form that achieves 1072 four or more of the following: 1073 (I) Directs or locates economic growth and associated land 1074 development to geographic areas of the community in a manner 1075 that does not have an adverse impact on and protects natural 1076 resources and ecosystems. 1077 (II) Promotes the efficient and cost-effective provision or 1078 extension of public infrastructure and services. 1079 (III) Promotes walkable and connected communities and 1080 provides for compact development and a mix of uses at densities 1081 and intensities that will support a range of housing choices and 1082 a multimodal transportation system, including pedestrian, 1083 bicycle, and transit, if available. 1084 (IV) Promotes conservation of water and energy. 1085 (V) Preserves agricultural areas and activities, including 1086 silviculture, and dormant, unique, and prime farmlands and 1087 soils. 1088 (VI) Preserves open space and natural lands and provides 1089 for public open space and recreation needs. 1090 (VII) Creates a balance of land uses based upon demands of 1091 the residential population for the nonresidential needs of an 1092 area. 1093 (VIII) Provides uses, densities, and intensities of use and 1094 urban form that would remediate an existing or planned 1095 development pattern in the vicinity that constitutes sprawl or 1096 if it provides for an innovative development pattern such as 1097 transit-oriented developments or new towns as defined in s. 1098 163.3164. 1099 10. The future land use element shall include a future land 1100 use map or map series. 1101 a. The proposed distribution, extent, and location of the 1102 following uses shall be shown on the future land use map or map 1103 series: 1104 (I) Residential. 1105 (II) Commercial. 1106 (III) Industrial. 1107 (IV) Agricultural. 1108 (V) Recreational. 1109 (VI) Conservation. 1110 (VII) Educational. 1111 (VIII) Public. 1112 b. The following areas shall also be shown on the future 1113 land use map or map series, if applicable: 1114 (I) Historic district boundaries and designated 1115 historically significant properties. 1116 (II) Transportation concurrency management area boundaries 1117 or transportation concurrency exception area boundaries. 1118 (III) Multimodal transportation district boundaries. 1119 (IV) Mixed-use categories. 1120 c. The following natural resources or conditions shall be 1121 shown on the future land use map or map series, if applicable: 1122 (I) Existing and planned public potable waterwells, cones 1123 of influence, and wellhead protection areas. 1124 (II) Beaches and shores, including estuarine systems. 1125 (III) Rivers, bays, lakes, floodplains, and harbors. 1126 (IV) Wetlands. 1127 (V) Minerals and soils. 1128 (VI) Coastal high hazard areas. 1129 Section 28. Paragraph (c) of subsection (3), paragraph (e) 1130 of subsection (4), paragraph (d) of subsection (5), paragraph 1131 (d) of subsection (7), and subsection (8) of section 163.3184, 1132 Florida Statutes, are amended to read: 1133 163.3184 Process for adoption of comprehensive plan or plan 1134 amendment.— 1135 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 1136 COMPREHENSIVE PLAN AMENDMENTS.— 1137 (c)1. The local government shall hold its second public 1138 hearing, which shall be a hearing on whether to adopt one or 1139 more comprehensive plan amendments pursuant to subsection (11). 1140 If the local government fails, within 180 days after receipt of 1141 agency comments, to hold the second public hearing, the 1142 amendments shall be deemed withdrawn unless extended by 1143 agreement with notice to the state land planning agency and any 1144 affected person that provided comments on the amendment. The 1145 180-day limitation does not apply to amendments processed 1146 pursuant to s. 380.06. 1147 2. All comprehensive plan amendments adopted by the 1148 governing body, along with the supporting data and analysis, 1149 shall be transmitted within 10 working days after the second 1150 public hearing to the state land planning agency and any other 1151 agency or local government that provided timely comments under 1152 subparagraph (b)2. 1153 3. The state land planning agency shall notify the local 1154 government of any deficiencies within 5 working days after 1155 receipt of an amendment package. For purposes of completeness, 1156 an amendment shall be deemed complete if it contains a full, 1157 executed copy of the adoption ordinance or ordinances; in the 1158 case of a text amendment, a full copy of the amended language in 1159 legislative format with new words inserted in the text 1160 underlined, and words deleted stricken with hyphens; in the case 1161 of a future land use map amendment, a copy of the future land 1162 use map clearly depicting the parcel, its existing future land 1163 use designation, and its adopted designation; and a copy of any 1164 data and analyses the local government deems appropriate. 1165 4. An amendment adopted under this paragraph does not 1166 become effective until 31 days after the state land planning 1167 agency notifies the local government that the plan amendment 1168 package is complete. If timely challenged, an amendment does not 1169 become effective until the state land planning agencyor the1170Administration Commissionenters a final order determining the 1171 adopted amendment to be in compliance. 1172 (4) STATE COORDINATED REVIEW PROCESS.— 1173 (e) Local government review of comments; adoption of plan 1174 or amendments and transmittal.— 1175 1. The local government shall review the report submitted 1176 to it by the state land planning agency, if any, and written 1177 comments submitted to it by any other person, agency, or 1178 government. The local government, upon receipt of the report 1179 from the state land planning agency, shall hold its second 1180 public hearing, which shall be a hearing to determine whether to 1181 adopt the comprehensive plan or one or more comprehensive plan 1182 amendments pursuant to subsection (11). If the local government 1183 fails to hold the second hearing within 180 days after receipt 1184 of the state land planning agency’s report, the amendments shall 1185 be deemed withdrawn unless extended by agreement with notice to 1186 the state land planning agency and any affected person that 1187 provided comments on the amendment. The 180-day limitation does 1188 not apply to amendments processed pursuant to s. 380.06. 1189 2. All comprehensive plan amendments adopted by the 1190 governing body, along with the supporting data and analysis, 1191 shall be transmitted within 10 working days after the second 1192 public hearing to the state land planning agency and any other 1193 agency or local government that provided timely comments under 1194 paragraph (c). 1195 3. The state land planning agency shall notify the local 1196 government of any deficiencies within 5 working days after 1197 receipt of a plan or plan amendment package. For purposes of 1198 completeness, a plan or plan amendment shall be deemed complete 1199 if it contains a full, executed copy of the adoption ordinance 1200 or ordinances; in the case of a text amendment, a full copy of 1201 the amended language in legislative format with new words 1202 inserted in the text underlined, and words deleted stricken with 1203 hyphens; in the case of a future land use map amendment, a copy 1204 of the future land use map clearly depicting the parcel, its 1205 existing future land use designation, and its adopted 1206 designation; and a copy of any data and analyses the local 1207 government deems appropriate. 1208 4. After the state land planning agency makes a 1209 determination of completeness regarding the adopted plan or plan 1210 amendment, the state land planning agency shall have 45 days to 1211 determine if the plan or plan amendment is in compliance with 1212 this act. Unless the plan or plan amendment is substantially 1213 changed from the one commented on, the state land planning 1214 agency’s compliance determination shall be limited to objections 1215 raised in the objections, recommendations, and comments report. 1216 During the period provided for in this subparagraph, the state 1217 land planning agency shall issue, through a senior administrator 1218 or the secretary, a notice of intent to find that the plan or 1219 plan amendment is in compliance or not in compliance. The state 1220 land planning agency shall post a copy of the notice of intent 1221 on the agency’s Internet website. Publication by the state land 1222 planning agency of the notice of intent on the state land 1223 planning agency’s Internet site shall be prima facie evidence of 1224 compliance with the publication requirements of this 1225 subparagraph. 1226 5. A plan or plan amendment adopted under the state 1227 coordinated review process shall go into effect pursuant to the 1228 state land planning agency’s notice of intent. If timely 1229 challenged, an amendment does not become effective until the 1230 state land planning agencyor the Administration Commission1231 enters a final order determining the adopted amendment to be in 1232 compliance. 1233 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 1234 AMENDMENTS.— 1235 (d)If the administrative law judge recommends that the1236amendment be found not in compliance,The administrative law 1237 judge shall submit the recommended order to the Department of 1238 Economic OpportunityAdministration Commissionfor final agency 1239 action. The Department of Economic OpportunityAdministration1240Commissionshall make every effort to enter a final order 1241 expeditiously, but at a minimum within the time period provided 1242 by s. 120.569. 1243 (7) MEDIATION AND EXPEDITIOUS RESOLUTION.— 1244 (d) For a case following the procedures under this 1245 subsection, absent written consent of the parties or a showing 1246 of extraordinary circumstances, if the administrative law judge 1247 recommends that the amendment be found not in compliance, the 1248 Department of Economic OpportunityAdministration Commission1249 shall issue a final order within 45 days after issuance of the 1250 recommended order. If the administrative law judge recommends 1251 that the amendment be found in compliance, the state land 1252 planning agency shall issue a final order within 45 days after 1253 issuance of the recommended order. If the state land planning 1254 agency fails to timely issue a final order, the recommended 1255 order finding the amendment to be in compliance immediately 1256 becomes the final order. 1257 (8) DEPARTMENT OF ECONOMIC OPPORTUNITYADMINISTRATION1258COMMISSION.— 1259 (a) If the Department of Economic Opportunity 1260Administration Commission, upon a hearing pursuant to subsection 1261 (5), finds that the comprehensive plan or plan amendment is not 1262 in compliance with this act, the departmentcommissionshall 1263 specify remedial actions that would bring the comprehensive plan 1264 or plan amendment into compliance. 1265 (b) The Department of Economic Opportunitycommissionmay 1266 specify the sanctions provided in subparagraphs 1. and 2. to 1267 which the local government will be subject if it elects to make 1268 the amendment effective notwithstanding the determination of 1269 noncompliance. 1270 1. The departmentcommissionmay direct state agencies not 1271 to provide funds to increase the capacity of roads, bridges, or 1272 water and sewer systems within the boundaries of those local 1273 governmental entities which have comprehensive plans or plan 1274 elements that are determined not to be in compliance. The 1275 department’scommissionorder may also specify that the local 1276 government is not eligible for grants administered under the 1277 following programs: 1278 a. The Florida Small Cities Community Development Block 1279 Grant Program, as authorized by ss. 290.0401-290.048. 1280 b. The Florida Recreation Development Assistance Program, 1281 as authorized by chapter 375. 1282 c. Revenue sharing pursuant to ss. 206.60, 210.20, and 1283 218.61 and chapter 212, to the extent not pledged to pay back 1284 bonds. 1285 2. If the local government is one which is required to 1286 include a coastal management element in its comprehensive plan 1287 pursuant to s. 163.3177(6)(g), the department’scommissionorder 1288 may also specify that the local government is not eligible for 1289 funding pursuant to s. 161.091. The department’scommission1290 order may also specify that the fact that the coastal management 1291 element has been determined to be not in compliance shall be a 1292 consideration when the department considers permits under s. 1293 161.053 and when the Board of Trustees of the Internal 1294 Improvement Trust Fund considers whether to sell, convey any 1295 interest in, or lease any sovereignty lands or submerged lands 1296 until the element is brought into compliance. 1297 3. The sanctions provided by subparagraphs 1. and 2. do not 1298 apply to a local government regarding any plan amendment, except 1299 for plan amendments that amend plans that have not been finally 1300 determined to be in compliance with this part, and except as 1301 provided in this paragraph. 1302 Section 29. Paragraph (c) of subsection (1) and paragraphs 1303 (b) and (c) of subsection (5) of section 163.3187, Florida 1304 Statutes, are amended to read: 1305 163.3187 Process for adoption of small-scale comprehensive 1306 plan amendment.— 1307 (1) A small scale development amendment may be adopted 1308 under the following conditions: 1309 (c) The property that is the subject of the proposed 1310 amendment is not located within an area of critical state 1311 concern, unless the project subject to the proposed amendment 1312 involves the construction of affordable housing units meeting 1313 the criteria of s. 420.0004(3), and is located within an area of 1314 critical state concern designated by s. 380.0552 orby the1315Administration Commissionpursuant to s. 380.05(1). 1316 (5) 1317 (b)1.If the administrative law judge recommends that the1318small scale development amendment be found not in compliance,1319 The administrative law judge shall submit the recommended order 1320 to the Department of Economic OpportunityAdministration1321Commissionfor final agency action.If the administrative law1322judge recommends that the small scale development amendment be1323found in compliance, the administrative law judge shall submit1324the recommended order to the state land planning agency.13252.If the state land planning agency determines that the1326plan amendment is not in compliance, the agency shall submit,1327within 30 days following its receipt, the recommended order to1328the Administration Commission for final agency action. If the1329state land planning agency determines that the plan amendment is1330in compliance, the agency shall enter a final order within 301331days following its receipt of the recommended order.1332 (c) Small scale development amendments may not become 1333 effective until 31 days after adoption. If challenged within 30 1334 days after adoption, small scale development amendments may not 1335 become effective until the departmentstate land planning agency1336or the Administration Commission, respectively,issues a final 1337 order determining that the adopted small scale development 1338 amendment is in compliance. 1339 Section 30. Subsection (6) of section 163.3213, Florida 1340 Statutes, is amended to read: 1341 163.3213 Administrative review of land development 1342 regulations.— 1343 (6) If the administrative law judge in his or her order 1344 finds the land development regulation to be inconsistent with 1345 the local comprehensive plan, the order will be submitted to the 1346 Department of Economic OpportunityAdministration Commission. An 1347 appeal pursuant to s. 120.68 may not be taken until the 1348 Department of Economic Opportunity makes a final determination 1349 of the recommended orderAdministration Commission acts pursuant1350to this subsection. The Department of Economic Opportunity shall 1351 make a final determinationAdministration Commission shall hold1352a hearingno earlier than 30 days or later than 60 days after 1353 the administrative law judge renders his or her final order. The 1354 sole issue before the Department of Economic Opportunity 1355Administration Commissionshall be the extent to which any of 1356 the sanctions described in s. 163.3184(8)(a) or (b)1. or 2. 1357 shall be applicable to the local government whose land 1358 development regulation has been found to be inconsistent with 1359 its comprehensive plan. If a land development regulation is not 1360 challenged within 12 months, it shall be deemed to be consistent 1361 with the adopted local plan. 1362 Section 31. Paragraph (e) of subsection (3) of section 1363 163.3245, Florida Statutes, is amended to read: 1364 163.3245 Sector plans.— 1365 (3) Sector planning encompasses two levels: adoption 1366 pursuant to s. 163.3184 of a long-term master plan for the 1367 entire planning area as part of the comprehensive plan, and 1368 adoption by local development order of two or more detailed 1369 specific area plans that implement the long-term master plan and 1370 within which s. 380.06 is waived. 1371 (e) Whenever a local government issues a development order 1372 approving a detailed specific area plan, a copy of such order 1373 shall be rendered to the state land planning agency and the 1374 owner or developer of the property affected by such order, as 1375 prescribed by rules of the state land planning agency for a 1376 development order for a development of regional impact. Within 1377 45 days after the order is rendered, the owner, the developer, 1378 or the state land planning agency may appeal the order to the 1379 Division of Administrative HearingsFlorida Land and Water1380Adjudicatory Commissionby filing a petition alleging that the 1381 detailed specific area plan is not consistent with the 1382 comprehensive plan or with the long-term master plan adopted 1383 pursuant to this section. The appellant shall furnish a copy of 1384 the petition to the opposing party, as the case may be, and to 1385 the local government that issued the order. The filing of the 1386 petition stays the effectiveness of the order until after 1387 completion of the appeal process. However, if a development 1388 order approving a detailed specific area plan has been 1389 challenged by an aggrieved or adversely affected party in a 1390 judicial proceeding pursuant to s. 163.3215, and a party to such 1391 proceeding serves notice to the state land planning agency, the 1392 state land planning agency shall dismiss its appeal to the 1393 divisioncommissionand shall have the right to intervene in the 1394 pending judicial proceeding pursuant to s. 163.3215. Proceedings 1395 for administrative review of an order approving a detailed 1396 specific area plan shall be conducted consistent with s. 1397 380.07(5). The divisioncommissionshall issue a decision 1398 granting or denying permission to develop pursuant to the long 1399 term master plan and the standards of this part and may attach 1400 conditions or restrictions to its decisions. 1401 Section 32. Subsections (1) and (2) of section 186.008, 1402 Florida Statutes, are amended to read: 1403 186.008 State comprehensive plan; revision; 1404 implementation.— 1405 (1) On or before October 1 of every odd-numbered year, the 1406 Executive Office of the Governor shall prepare, and the Governor 1407 shall recommend to the Department of Economic Opportunity 1408Administration Commission, any proposed revisions to the state 1409 comprehensive plan deemed necessary. The Governor shall transmit 1410 his or her recommendations and explanation as required by s. 1411 186.007(8). Copies shall also be provided to each state agency, 1412 to each regional planning agency, to any other unit of 1413 government that requests a copy, and to any member of the public 1414 who requests a copy. 1415 (2) On or before December 15 of every odd-numbered year, 1416 the Department of Economic OpportunityAdministration Commission1417 shall review the proposed revisions to the state comprehensive 1418 plan prepared by the Governor. The departmentcommissionshall 1419 provideadopt a resolution, afterpublic notice and a reasonable 1420 opportunity for public comment,and transmit the proposed 1421 revisions to the state comprehensive plan to the Legislature, 1422 together with any amendments approved by the department 1423commissionand any dissenting reports. The departmentcommission1424 shall identify those portions of the plan that are not based on 1425 existing law. 1426 Section 33. Section 186.515, Florida Statutes, is amended 1427 to read: 1428 186.515 Creation of regional planning councils under 1429 chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and this 1430 section is intended to repeal or limit the provisions of chapter 1431 163; however, the local general-purpose governments serving as 1432 voting members of the governing body of a regional planning 1433 council created pursuant to ss. 186.501-186.507, 186.513, and 1434 this section are not authorized to create a regional planning 1435 council pursuant to chapter 163 unless an agency, other than a 1436 regional planning council created pursuant to ss. 186.501 1437 186.507, 186.513, and this section, is designated to exercise 1438 the powers and duties in any one or more of ss. 163.3164 and 1439 380.031(14)ss. 163.3164 and 380.031(15); in which case, such a 1440 regional planning council is also without authority to exercise 1441 the powers and duties in s. 163.3164 or s. 380.031(14)s.1442380.031(15). 1443 Section 34. Subsection (1) and paragraphs (e) and (f) of 1444 subsection (2) of section 190.005, Florida Statutes, are amended 1445 to read: 1446 190.005 Establishment of district.— 1447 (1) The exclusive and uniform method for the establishment 1448 of a community development district with a size of 2,500 acres 1449 or more shall be pursuant to a rule, adopted under chapter 120 1450 by the Department of Economic OpportunityFlorida Land and Water1451Adjudicatory Commission, granting a petition for the 1452 establishment of a community development district. 1453 (a) A petition for the establishment of a community 1454 development district shall be filed by the petitioner with the 1455 Department of Economic OpportunityFlorida Land and Water1456Adjudicatory Commission. The petition shall contain: 1457 1. A metes and bounds description of the external 1458 boundaries of the district. Any real property within the 1459 external boundaries of the district which is to be excluded from 1460 the district shall be specifically described, and the last known 1461 address of all owners of such real property shall be listed. The 1462 petition shall also address the impact of the proposed district 1463 on any real property within the external boundaries of the 1464 district which is to be excluded from the district. 1465 2. The written consent to the establishment of the district 1466 by all landowners whose real property is to be included in the 1467 district or documentation demonstrating that the petitioner has 1468 control by deed, trust agreement, contract, or option of 100 1469 percent of the real property to be included in the district, and 1470 when real property to be included in the district is owned by a 1471 governmental entity and subject to a ground lease as described 1472 in s. 190.003(14), the written consent by such governmental 1473 entity. 1474 3. A designation of five persons to be the initial members 1475 of the board of supervisors, who shall serve in that office 1476 until replaced by elected members as provided in s. 190.006. 1477 4. The proposed name of the district. 1478 5. A map of the proposed district showing current major 1479 trunk water mains and sewer interceptors and outfalls if in 1480 existence. 1481 6. Based upon available data, the proposed timetable for 1482 construction of the district services and the estimated cost of 1483 constructing the proposed services. These estimates shall be 1484 submitted in good faith but are not binding and may be subject 1485 to change. 1486 7. A designation of the future general distribution, 1487 location, and extent of public and private uses of land proposed 1488 for the area within the district by the future land use plan 1489 element of the effective local government comprehensive plan of 1490 which all mandatory elements have been adopted by the applicable 1491 general-purpose local government in compliance with the 1492 Community Planning Act. 1493 8. A statement of estimated regulatory costs in accordance 1494 with the requirements of s. 120.541. 1495 (b) Prior to filing the petition, the petitioner shall: 1496 1. Pay a filing fee of $15,000 to the county, if located 1497 within an unincorporated area, or to the municipality, if 1498 located within an incorporated area, and to each municipality 1499 the boundaries of which are contiguous with, or contain all or a 1500 portion of the land within, the external boundaries of the 1501 district. 1502 2. Submit a copy of the petition to the county, if located 1503 within an unincorporated area, or to the municipality, if 1504 located within an incorporated area, and to each municipality 1505 the boundaries of which are contiguous with, or contain all or a 1506 portion of, the land within the external boundaries of the 1507 district. 1508 3. If land to be included within a district is located 1509 partially within the unincorporated area of one or more counties 1510 and partially within a municipality or within two or more 1511 municipalities, pay a $15,000 filing fee to each entity. 1512 Districts established across county boundaries shall be required 1513 to maintain records, hold meetings and hearings, and publish 1514 notices only in the county where the majority of the acreage 1515 within the district lies. 1516 (c) Such county and each such municipality required by law 1517 to receive a petition may conduct a public hearing to consider 1518 the relationship of the petition to the factors specified in 1519 paragraph (e). The public hearing shall be concluded within 45 1520 days after the date the petition is filed unless an extension of 1521 time is requested by the petitioner and granted by the county or 1522 municipality. The county or municipality holding such public 1523 hearing may by resolution express its support of, or objection 1524 to the granting of, the petition by the Department of Economic 1525 OpportunityFlorida Land and Water Adjudicatory Commission. A 1526 resolution must base any objection to the granting of the 1527 petition upon the factors specified in paragraph (e). Such 1528 county or municipality may present its resolution of support or 1529 objection at the Department of Economic OpportunityFlorida Land1530and Water Adjudicatory Commissionhearing and shall be afforded 1531 an opportunity to present relevant information in support of its 1532 resolution. 1533 (d) A local public hearing on the petition shall be 1534 conducted by a hearing officer in conformance with the 1535 applicable requirements and procedures of the Administrative 1536 Procedure Act. The hearing shall include oral and written 1537 comments on the petition pertinent to the factors specified in 1538 paragraph (e). The hearing shall be held at an accessible 1539 location in the county in which the community development 1540 district is to be located. The petitioner shall cause a notice 1541 of the hearing to be published in a newspaper at least once a 1542 week for the 4 successive weeks immediately prior to the 1543 hearing. Such notice shall give the time and place for the 1544 hearing, a description of the area to be included in the 1545 district, which description shall include a map showing clearly 1546 the area to be covered by the district, and any other relevant 1547 information which the establishing governing bodies may require. 1548 The advertisement shall not be placed in that portion of the 1549 newspaper where legal notices and classified advertisements 1550 appear. The advertisement shall be published in a newspaper of 1551 general paid circulation in the county and of general interest 1552 and readership in the community, not one of limited subject 1553 matter, pursuant to chapter 50. Whenever possible, the 1554 advertisement shall appear in a newspaper that is published at 1555 least 5 days a week, unless the only newspaper in the community 1556 is published fewer than 5 days a week. In addition to being 1557 published in the newspaper, the map referenced above must be 1558 part of the online advertisement required pursuant to s. 1559 50.0211. All affected units of general-purpose local government 1560 and the general public shall be given an opportunity to appear 1561 at the hearing and present oral or written comments on the 1562 petition. 1563 (e) The Department of Economic OpportunityFlorida Land and1564Water Adjudicatory Commissionshall consider the entire record 1565 of the local hearing, the transcript of the hearing, resolutions 1566 adopted by local general-purpose governments as provided in 1567 paragraph (c), and the following factors and make a 1568 determination to grant or deny a petition for the establishment 1569 of a community development district: 1570 1. Whether all statements contained within the petition 1571 have been found to be true and correct. 1572 2. Whether the establishment of the district is 1573 inconsistent with any applicable element or portion of the state 1574 comprehensive plan or of the effective local government 1575 comprehensive plan. 1576 3. Whether the area of land within the proposed district is 1577 of sufficient size, is sufficiently compact, and is sufficiently 1578 contiguous to be developable as one functional interrelated 1579 community. 1580 4. Whether the district is the best alternative available 1581 for delivering community development services and facilities to 1582 the area that will be served by the district. 1583 5. Whether the community development services and 1584 facilities of the district will be incompatible with the 1585 capacity and uses of existing local and regional community 1586 development services and facilities. 1587 6. Whether the area that will be served by the district is 1588 amenable to separate special-district government. 1589 (f) The Department of Economic OpportunityFlorida Land and1590Water Adjudicatory Commissionshall not adopt any rule which 1591 would expand, modify, or delete any provision of the uniform 1592 community development district charter as set forth in ss. 1593 190.006-190.041, except as provided in s. 190.012. A rule 1594 establishing a community development district shall only contain 1595 the following: 1596 1. A metes and bounds description of the external 1597 boundaries of the district and any real property within the 1598 external boundaries of the district which is to be excluded. 1599 2. The names of five persons designated to be the initial 1600 members of the board of supervisors. 1601 3. The name of the district. 1602 (g) The Department of Economic OpportunityFlorida Land and1603Water Adjudicatory Commissionmay adopt rules setting forth its 1604 procedures for considering petitions to establish, expand, 1605 modify, or delete uniform community development districts or 1606 portions thereof consistent with the provisions of this section. 1607 (2) The exclusive and uniform method for the establishment 1608 of a community development district of less than 2,500 acres in 1609 size or a community development district of up to 7,000 acres in 1610 size located within a connected-city corridor established 1611 pursuant to s. 163.3246(13) shall be pursuant to an ordinance 1612 adopted by the county commission of the county having 1613 jurisdiction over the majority of land in the area in which the 1614 district is to be located granting a petition for the 1615 establishment of a community development district as follows: 1616 (e) If all of the land in the area for the proposed 1617 district is within the territorial jurisdiction of a municipal 1618 corporation, then the petition requesting establishment of a 1619 community development district under this act shall be filed by 1620 the petitioner with that particular municipal corporation. In 1621 such event, the duties of the county, hereinabove described, in 1622 action upon the petition shall be the duties of the municipal 1623 corporation. If any of the land area of a proposed district is 1624 within the land area of a municipality, the county commission 1625 may not create the district without municipal approval. If all 1626 of the land in the area for the proposed district, even if less 1627 than 2,500 acres, is within the territorial jurisdiction of two 1628 or more municipalities or two or more counties, except for 1629 proposed districts within a connected-city corridor established 1630 pursuant to s. 163.3246(13), the petition shall be filed with 1631 the Department of Economic OpportunityFlorida Land and Water1632Adjudicatory Commissionand proceed in accordance with 1633 subsection (1). 1634 (f) Notwithstanding any other provision of this subsection, 1635 within 90 days after a petition for the establishment of a 1636 community development district has been filed pursuant to this 1637 subsection, the governing body of the county or municipal 1638 corporation may transfer the petition to the Department of 1639 Economic OpportunityFlorida Land and Water Adjudicatory1640Commission, which shall make the determination to grant or deny 1641 the petition as provided in subsection (1). A county or 1642 municipal corporation shall have no right or power to grant or 1643 deny a petition that has been transferred to the Department of 1644 Economic OpportunityFlorida Land and Water Adjudicatory1645Commission. 1646 Section 35. Paragraph (d) of subsection (1) and subsection 1647 (10) of section 190.046, Florida Statutes, are amended to read: 1648 190.046 Termination, contraction, or expansion of 1649 district.— 1650 (1) A landowner or the board may petition to contract or 1651 expand the boundaries of a community development district in the 1652 following manner: 1653 (d)1. For those districts initially established by 1654 administrative rule pursuant to s. 190.005(1), the petition 1655 shall be filed with the Department of Economic Opportunity 1656Florida Land and Water Adjudicatory Commission. 1657 2. Prior to filing the petition, the petitioner shall pay a 1658 filing fee of $1,500, to the county if the district or the land 1659 to be added or deleted from the district is located within an 1660 unincorporated area or to the municipality if the district or 1661 the land to be added or deleted is located within an 1662 incorporated area, and to each municipality the boundaries of 1663 which are contiguous with or contain all or a portion of the 1664 land within or to be added to or deleted from the external 1665 boundaries of the district. The petitioner shall submit a copy 1666 of the petition to the same entities entitled to receive the 1667 filing fee. In addition, if the district is not the petitioner, 1668 the petitioner shall file the petition with the district board 1669 of supervisors. 1670 3. Each county and each municipality shall have the option 1671 of holding a public hearing as provided by s. 190.005(1)(c). 1672 However, the public hearing shall be limited to consideration of 1673 the contents of the petition and whether the petition for 1674 amendment should be supported by the county or municipality. 1675 4. The district board of supervisors shall, in lieu of a 1676 hearing officer, hold the local public hearing provided for by 1677 s. 190.005(1)(d). This local public hearing shall be noticed in 1678 the same manner as provided in s. 190.005(1)(d). Within 45 days 1679 of the conclusion of the hearing, the district board of 1680 supervisors shall transmit to the Department of Economic 1681 OpportunityFlorida Land and Water Adjudicatory Commissionthe 1682 full record of the local hearing, the transcript of the hearing, 1683 any resolutions adopted by the local general-purpose 1684 governments, and its recommendation whether to grant the 1685 petition for amendment. The departmentcommissionshall then 1686 proceed in accordance with s. 190.005(1)(e). 1687 5. A rule amending a district boundary shall describe the 1688 land to be added or deleted. 1689 (10) If a district has no outstanding financial obligations 1690 and no operating or maintenance responsibilities, upon the 1691 petition of the district, the district may be dissolved by a 1692 nonemergency ordinance of the general-purpose local governmental 1693 entity that established the district or, if the district was 1694 established by rule of the Department of Economic Opportunity 1695Florida Land and Water Adjudicatory Commission, the district may 1696 be dissolved by repeal of such rule of the department 1697commission. 1698 Section 36. Paragraph (b) of subsection (1) of section 1699 195.087, Florida Statutes, is amended to read: 1700 195.087 Property appraisers and tax collectors to submit 1701 budgets to Department of Revenue.— 1702 (1) 1703 (b) The Division of Administrative HearingsGovernor and1704Cabinet, sitting as the Administration Commission,may hear 1705 appeals from the final action of the department upon a written 1706 request being filed by the property appraiser or the presiding 1707 officer of the county commission no later than 15 days after the 1708 conclusion of the hearing held pursuant to s. 200.065(2)(d). The 1709 filing of an appeal does not relieve the county commission of 1710 its obligation to fund the department-approved final budget 1711 during the pendency of the appeal. The Department of Management 1712 ServicesAdministration Commissionmay amend the budget if it 1713 finds that any aspect of the budget is unreasonable in light of 1714 the workload of the office of the property appraiser in the 1715 county under review. The budget request as approved by the 1716 department and as amended by the Department of Management 1717 Servicescommissionshall become the operating budget of the 1718 property appraiser for the ensuing fiscal year beginning October 1719 1, except that the budget so approved may subsequently be 1720 amended under the same procedure. After final approval, the 1721 property appraiser shall make no transfer of funds between 1722 accounts without the written approval of the department. 1723 However, all moneys received by property appraisers in complying 1724 with chapter 119 shall be accounted for in the same manner as 1725 provided for in s. 218.36, for moneys received as county fees 1726 and commissions, and any such moneys may be used and expended in 1727 the same manner and to the same extent as funds budgeted for the 1728 office and no budget amendment shall be required. 1729 Section 37. Subsection (2) of section 206.27, Florida 1730 Statutes, is amended to read: 1731 206.27 Records and files as public records.— 1732 (2) This section does not requireNothing herein shall be1733construed as requiringthe department to provide as a public 1734 record any information concerning audits in progress or those 1735 records and files of the department described in this section 1736 which are currently the subject of pending investigation by the 1737 Department of Revenue or theFloridaDepartment of Law 1738 Enforcement. It is specifically provided that the foregoing 1739 information shall be exempt fromthe provisions ofs. 119.07(1) 1740 and shall be considered confidential pursuant to s. 213.053; 1741 however, the department may make available to the secretary 1742executive directorof the Department of Highway Safety and Motor 1743 Vehicles or his or her designee, exclusively for official 1744 purposes in administering chapter 207, any information 1745 concerning any audit in progress, and the provisions of s. 1746 213.053(8) requiring a written agreement and maintenance of 1747 confidentiality by the recipient, and the penalty for breach of 1748 confidentiality, shall apply if the department makes such 1749 information available. AnAnyofficer, employee, or former 1750 officer or employee of the department who divulges any such 1751 information in any manner except for such official purposes or 1752 under s. 213.053 commitsis guilty ofa misdemeanor of the first 1753 degree, punishable as provided in s. 775.082 or s. 775.083. 1754 Section 38. Paragraph (a) of subsection (2) of section 1755 207.021, Florida Statutes, is amended to read: 1756 207.021 Informal conferences; settlement or compromise of 1757 taxes, penalties, or interest.— 1758 (2)(a) The secretaryexecutive directoror his or her 1759 designee may enter into a closing agreement with a taxpayer 1760 settling or compromising the taxpayer’s liability for any tax, 1761 interest, or penalty assessed under this chapter. Each agreement 1762 must be in writing, in the form of a closing agreement approved 1763 by the department, and signed by the secretaryexecutive1764directoror his or her designee. The agreement is final and 1765 conclusive, except upon a showing of material fraud or 1766 misrepresentation of material fact. The department may not make 1767 an additional assessment against the taxpayer for the tax, 1768 interest, or penalty specified in the closing agreement for the 1769 time specified in the closing agreement, and the taxpayer may 1770 not institute a judicial or administrative proceeding to recover 1771 any tax, interest, or penalty paid pursuant to the closing 1772 agreement. The secretaryexecutive directorof the department or 1773 his or her designee may approve the closing agreement. 1774 Section 39. Paragraph (d) of subsection (2) of section 1775 212.055, Florida Statutes, is amended to read: 1776 212.055 Discretionary sales surtaxes; legislative intent; 1777 authorization and use of proceeds.—It is the legislative intent 1778 that any authorization for imposition of a discretionary sales 1779 surtax shall be published in the Florida Statutes as a 1780 subsection of this section, irrespective of the duration of the 1781 levy. Each enactment shall specify the types of counties 1782 authorized to levy; the rate or rates which may be imposed; the 1783 maximum length of time the surtax may be imposed, if any; the 1784 procedure which must be followed to secure voter approval, if 1785 required; the purpose for which the proceeds may be expended; 1786 and such other requirements as the Legislature may provide. 1787 Taxable transactions and administrative procedures shall be as 1788 provided in s. 212.054. 1789 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— 1790 (d) The proceeds of the surtax authorized by this 1791 subsection and any accrued interest shall be expended by the 1792 school district, within the county and municipalities within the 1793 county, or, in the case of a negotiated joint county agreement, 1794 within another county, to finance, plan, and construct 1795 infrastructure; to acquire any interest in land for public 1796 recreation, conservation, or protection of natural resources or 1797 to prevent or satisfy private property rights claims resulting 1798 from limitations imposed by the designation of an area of 1799 critical state concern; to provide loans, grants, or rebates to 1800 residential or commercial property owners who make energy 1801 efficiency improvements to their residential or commercial 1802 property, if a local government ordinance authorizing such use 1803 is approved by referendum; or to finance the closure of county 1804 owned or municipally owned solid waste landfills that have been 1805 closed or are required to be closed by order of the Department 1806 of Environmental Protection. Any use of the proceeds or interest 1807 for purposes of landfill closure before July 1, 1993, is 1808 ratified. The proceeds and any interest may not be used for the 1809 operational expenses of infrastructure, except that a county 1810 that has a population of fewer than 75,000 and that is required 1811 to close a landfill may use the proceeds or interest for long 1812 term maintenance costs associated with landfill closure. 1813 Counties, as defined in s. 125.011, and charter counties may, in 1814 addition, use the proceeds or interest to retire or service 1815 indebtedness incurred for bonds issued before July 1, 1987, for 1816 infrastructure purposes, and for bonds subsequently issued to 1817 refund such bonds. Any use of the proceeds or interest for 1818 purposes of retiring or servicing indebtedness incurred for 1819 refunding bonds before July 1, 1999, is ratified. 1820 1. For the purposes of this paragraph, the term 1821 “infrastructure” means: 1822 a. Any fixed capital expenditure or fixed capital outlay 1823 associated with the construction, reconstruction, or improvement 1824 of public facilities that have a life expectancy of 5 or more 1825 years, any related land acquisition, land improvement, design, 1826 and engineering costs, and all other professional and related 1827 costs required to bring the public facilities into service. For 1828 purposes of this sub-subparagraph, the term “public facilities” 1829 means facilities as defined in s. 163.3164(38)s. 163.3164(39), 1830 s. 163.3221(13), or s. 189.012(5), and includes facilities that 1831 are necessary to carry out governmental purposes, including, but 1832 not limited to, fire stations, general governmental office 1833 buildings, and animal shelters, regardless of whether the 1834 facilities are owned by the local taxing authority or another 1835 governmental entity. 1836 b. A fire department vehicle, an emergency medical service 1837 vehicle, a sheriff’s office vehicle, a police department 1838 vehicle, or any other vehicle, and the equipment necessary to 1839 outfit the vehicle for its official use or equipment that has a 1840 life expectancy of at least 5 years. 1841 c. Any expenditure for the construction, lease, or 1842 maintenance of, or provision of utilities or security for, 1843 facilities, as defined in s. 29.008. 1844 d. Any fixed capital expenditure or fixed capital outlay 1845 associated with the improvement of private facilities that have 1846 a life expectancy of 5 or more years and that the owner agrees 1847 to make available for use on a temporary basis as needed by a 1848 local government as a public emergency shelter or a staging area 1849 for emergency response equipment during an emergency officially 1850 declared by the state or by the local government under s. 1851 252.38. Such improvements are limited to those necessary to 1852 comply with current standards for public emergency evacuation 1853 shelters. The owner must enter into a written contract with the 1854 local government providing the improvement funding to make the 1855 private facility available to the public for purposes of 1856 emergency shelter at no cost to the local government for a 1857 minimum of 10 years after completion of the improvement, with 1858 the provision that the obligation will transfer to any 1859 subsequent owner until the end of the minimum period. 1860 e. Any land acquisition expenditure for a residential 1861 housing project in which at least 30 percent of the units are 1862 affordable to individuals or families whose total annual 1863 household income does not exceed 120 percent of the area median 1864 income adjusted for household size, if the land is owned by a 1865 local government or by a special district that enters into a 1866 written agreement with the local government to provide such 1867 housing. The local government or special district may enter into 1868 a ground lease with a public or private person or entity for 1869 nominal or other consideration for the construction of the 1870 residential housing project on land acquired pursuant to this 1871 sub-subparagraph. 1872 f. Instructional technology used solely in a school 1873 district’s classrooms. As used in this sub-subparagraph, the 1874 term “instructional technology” means an interactive device that 1875 assists a teacher in instructing a class or a group of students 1876 and includes the necessary hardware and software to operate the 1877 interactive device. The term also includes support systems in 1878 which an interactive device may mount and is not required to be 1879 affixed to the facilities. 1880 2. For the purposes of this paragraph, the term “energy 1881 efficiency improvement” means any energy conservation and 1882 efficiency improvement that reduces consumption through 1883 conservation or a more efficient use of electricity, natural 1884 gas, propane, or other forms of energy on the property, 1885 including, but not limited to, air sealing; installation of 1886 insulation; installation of energy-efficient heating, cooling, 1887 or ventilation systems; installation of solar panels; building 1888 modifications to increase the use of daylight or shade; 1889 replacement of windows; installation of energy controls or 1890 energy recovery systems; installation of electric vehicle 1891 charging equipment; installation of systems for natural gas fuel 1892 as defined in s. 206.9951; and installation of efficient 1893 lighting equipment. 1894 3. Notwithstanding any other provision of this subsection, 1895 a local government infrastructure surtax imposed or extended 1896 after July 1, 1998, may allocate up to 15 percent of the surtax 1897 proceeds for deposit into a trust fund within the county’s 1898 accounts created for the purpose of funding economic development 1899 projects having a general public purpose of improving local 1900 economies, including the funding of operational costs and 1901 incentives related to economic development. The ballot statement 1902 must indicate the intention to make an allocation under the 1903 authority of this subparagraph. 1904 Section 40. Subsection (1) of section 215.619, Florida 1905 Statutes, is amended to read: 1906 215.619 Bonds for Everglades restoration.— 1907 (1) The issuance of Everglades restoration bonds to finance 1908 or refinance the cost of the acquisition and improvement of 1909 land, water areas, and related property interests and resources 1910 for the purpose of implementing the Comprehensive Everglades 1911 Restoration Plan under s. 373.470, the Lake Okeechobee Watershed 1912 Protection Plan under s. 373.4595, the Caloosahatchee River 1913 Watershed Protection Plan under s. 373.4595, the St. Lucie River 1914 Watershed Protection Plan under s. 373.4595, the City of Key 1915 West Area of Critical State Concern as designatedby the1916Administration Commissionunder s. 380.05, and the Florida Keys 1917 Area of Critical State Concern protection program under ss. 1918 380.05 and 380.0552 in order to restore and conserve natural 1919 systems through implementation of water management projects, 1920 including projects that protect, restore, or enhance nearshore 1921 water quality and fisheries, such as stormwater or canal 1922 restoration projects, projects to protect water resources 1923 available to the Florida Keys, including wastewater management 1924 projects identified in the Keys Wastewater Plan, dated November 1925 2007, and submitted to the Florida House of Representatives on 1926 December 4, 2007, is authorized in accordance with s. 11(e), 1927 Art. VII of the State Constitution. 1928 (a) Everglades restoration bonds, except refunding bonds, 1929 may be issued only in fiscal years 2002-2003 through 2019-2020 1930 and may not be issued in an amount exceeding $100 million per 1931 fiscal year unless: 1932 1. The Department of Environmental Protection has requested 1933 additional amounts in order to achieve cost savings or 1934 accelerate the purchase of land; or 1935 2. The Legislature authorizes an additional amount of bonds 1936 not to exceed $200 million, and limited to $50 million per 1937 fiscal year, specifically for the purpose of funding the Florida 1938 Keys Area of Critical State Concern protection program and the 1939 City of Key West Area of Critical State Concern. Proceeds from 1940 the bonds shall be managed by the Department of Environmental 1941 Protection for the purpose of entering into financial assistance 1942 agreements with local governments located in the Florida Keys 1943 Area of Critical State Concern or the City of Key West Area of 1944 Critical State Concern to finance or refinance the cost of 1945 constructing sewage collection, treatment, and disposal 1946 facilities or building projects that protect, restore, or 1947 enhance nearshore water quality and fisheries, such as 1948 stormwater or canal restoration projects and projects to protect 1949 water resources available to the Florida Keys. 1950 (b) The duration of Everglades restoration bonds may not 1951 exceed 20 annual maturities and must mature by December 31, 1952 2047. Except for refunding bonds, a series of bonds may not be 1953 issued unless an amount equal to the debt service coming due in 1954 the year of issuance has been appropriated by the Legislature. 1955 Not more than 58.25 percent of documentary stamp taxes collected 1956 may be taken into account for the purpose of satisfying an 1957 additional bonds test set forth in any authorizing resolution 1958 for bonds issued on or after July 1, 2015. Beginning July 1, 1959 2010, the Legislature shall analyze the ratio of the state’s 1960 debt to projected revenues before authorizing the issuance of 1961 bonds under this section. 1962 Section 41. Subsection (1) of section 215.95, Florida 1963 Statutes, is amended to read: 1964 215.95 Financial Management Information Board.— 1965 (1) There is created, as part of the Administration1966Commission,the Financial Management Information Board. The 1967 board shall be composed of the Governor, the Chief Financial 1968 Officer, the Commissioner of Agriculture, and the Attorney 1969 General. The Governor shall be chair of the board. The Governor 1970 or the Chief Financial Officer may call a meeting of the board 1971 at any time the need arises. 1972 Section 42. Subsection (2) of section 216.182, Florida 1973 Statutes, is amended to read: 1974 216.182 Approval of fixed capital outlay program plan.— 1975 (2) Any department under the direct supervision of a member 1976 of the Cabinet or of a board consisting of the Governor and 1977 members of the Cabinet which contends that the determination of 1978 the program plan by the Executive Office of the Governor 1979 pursuant to subsection (1) is contrary to the orderly 1980 implementation of legislative authorization shall have the right 1981 to have the issue reviewed by the Department of Management 1982 Services after a substantial interest hearing by the Division of 1983 Administrative HearingsAdministration Commission, which shall1984decide such issue by majority vote. The appropriations 1985 committees of the Legislature may advise the Department of 1986 Management Services and the Division of Administrative Hearings 1987Administration Commissionon the issue. 1988 Section 43. Subsection (2) of section 216.192, Florida 1989 Statutes, is amended to read: 1990 216.192 Release of appropriations; revision of budgets.— 1991 (2) Any department under the direct supervision of a member 1992 of the Cabinet or of a board consisting of the Governor and 1993 members of the Cabinet which contends that the plan for releases 1994 of funds appropriated to it is contrary to the approved 1995 operating budget shall have the right to have the issue reviewed 1996 by the administrative law judge of the Division of 1997 Administrative Hearings which shall issue a final order on the 1998 issueAdministration Commission which shall decide such issue by1999majority vote. 2000 Section 44. Section 259.045, Florida Statutes, is amended 2001 to read: 2002 259.045 Purchase of lands in areas of critical state 2003 concern; recommendations by department and land authorities. 2004 Within 45 days after the designation ofAdministration2005Commission designatesan area as an area of critical state 2006 concern under s. 380.05, and annually thereafter, the Department 2007 of Environmental Protection shall consider the recommendations 2008 of the state land planning agency pursuant to s. 380.05(1)(a) 2009 relating to purchase of lands within an area of critical state 2010 concern or lands outside an area of critical state concern that 2011 directly impact an area of critical state concern, which may 2012 include lands used to preserve and protect water supply, and 2013 shall make recommendations to the board with respect to the 2014 purchase of the fee or any lesser interest in any such lands 2015 that are: 2016 (1) Environmentally endangered lands; 2017 (2) Outdoor recreation lands; 2018 (3) Lands that conserve sensitive habitat; 2019 (4) Lands that protect, restore, or enhance nearshore water 2020 quality and fisheries; 2021 (5) Lands used to protect and enhance water supply to the 2022 Florida Keys, including alternative water supplies such as 2023 reverse osmosis and reclaimed water systems; or 2024 (6) Lands used to prevent or satisfy private property 2025 rights claims resulting from limitations imposed by the 2026 designation of an area of critical state concern if the 2027 acquisition of such lands fulfills a public purpose listed in s. 2028 259.032(2) or if the parcel is wholly or partially, at the time 2029 of acquisition, on one of the board’s approved acquisition lists 2030 established pursuant to this chapter. For the purposes of this 2031 subsection, if a parcel is estimated to be worth $500,000 or 2032 less and the director of the Division of State Lands finds that 2033 the cost of an outside appraisal is not justified, a comparable 2034 sales analysis, an appraisal prepared by the Division of State 2035 Lands, or other reasonably prudent procedures may be used by the 2036 Division of State Lands to estimate the value of the parcel, 2037 provided the public’s interest is reasonably protected. 2038 2039 The department, a local government, a special district, or a 2040 land authority within an area of critical state concern may make 2041 recommendations with respect to additional purchases which were 2042 not included in the state land planning agency recommendations. 2043 Section 45. Paragraph (a) of subsection (2) of section 2044 282.709, Florida Statutes, is amended to read: 2045 282.709 State agency law enforcement radio system and 2046 interoperability network.— 2047 (2) The Joint Task Force on State Agency Law Enforcement 2048 Communications is created adjunct to the department to advise 2049 the department of member-agency needs relating to the planning, 2050 designing, and establishment of the statewide communication 2051 system. 2052 (a) The Joint Task Force on State Agency Law Enforcement 2053 Communications shall consist of the following members: 2054 1. A representative of the Division of Alcoholic Beverages 2055 and Tobacco of the Department of Business and Professional 2056 Regulation who shall be appointed by the secretary of the 2057 department. 2058 2. A representative of the Division of Florida Highway 2059 Patrol of the Department of Highway Safety and Motor Vehicles 2060 who shall be appointed by the secretaryexecutive directorof 2061 the department. 2062 3. A representative of the Department of Law Enforcement 2063 who shall be appointed by the executive director of the 2064 department. 2065 4. A representative of the Fish and Wildlife Conservation 2066 Commission who shall be appointed by the executive director of 2067 the commission. 2068 5. A representative of the Division of Law Enforcement of 2069 the Department of Environmental Protection who shall be 2070 appointed by the secretary of the department. 2071 6. A representative of the Department of Corrections who 2072 shall be appointed by the secretary of the department. 2073 7. A representative of the Department of Financial Services 2074 who shall be appointed by the Chief Financial Officer. 2075 8. A representative of the Department of Agriculture and 2076 Consumer Services who shall be appointed by the Commissioner of 2077 Agriculture. 2078 9. A representative of the Florida Sheriffs Association who 2079 shall be appointed by the president of the Florida Sheriffs 2080 Association. 2081 Section 46. Paragraphs (b) and (d) of subsection (12) of 2082 section 288.975, Florida Statutes, are amended to read: 2083 288.975 Military base reuse plans.— 2084 (12) Following receipt of a petition, the petitioning party 2085 or parties and the host local government shall seek resolution 2086 of the issues in dispute. The issues in dispute shall be 2087 resolved as follows: 2088 (b) If resolution of the dispute cannot be achieved within 2089 45 days, the petitioning parties and host local government may 2090 extend such dispute resolution for up to 45 days. If resolution 2091 of the dispute cannot be achieved with the above timeframes, the 2092 issues in dispute shall be submitted to the state land planning 2093 agency. If the issues stem from multiple petitions, the 2094 mediation shall be consolidated into a single proceeding. The 2095 state land planning agency shall have 45 days to hold informal 2096 hearings, if necessary, identify the issues in dispute, prepare 2097 a record of the proceedings, and provide recommended solutions 2098 to the parties. If the parties fail to implement the recommended 2099 solutions within 45 days, the state land planning agency shall 2100 submit the matter to the Division of Administrative Hearings 2101Administration Commissionfor final action. The report to the 2102 Division of Administrative HearingsAdministration Commission2103 shall list each issue in dispute, describe the nature and basis 2104 for each dispute, identify the recommended solutions provided to 2105 the parties, and make recommendations for actions the Division 2106 of Administrative HearingsAdministration Commissionshould take 2107 to resolve the disputed issues. 2108 (d) Within 45 days after receiving the report from the 2109 state land planning agency, the Division of Administrative 2110 HearingsAdministration Commissionshall take action to resolve 2111 the issues in dispute. In deciding upon a proper resolution, the 2112 Division of Administrative HearingsAdministration Commission2113 shall consider the nature of the issues in dispute, any requests 2114 for a formal administrative hearing pursuant to chapter 120, the 2115 compliance of the parties with this section, the extent of the 2116 conflict between the parties, the comparative hardships and the 2117 public interest involved. If the Division of Administrative 2118 HearingsAdministration Commissionincorporates in its final 2119 order a term or condition that requires any local government to 2120 amend its local government comprehensive plan, the local 2121 government shall amend its plan within 60 days after the 2122 issuance of the order. A public hearing on such amendment or 2123 amendments pursuant to s. 163.3184(11)(b)1. is not required. The 2124 final order of the Division of Administrative Hearings 2125Administration Commissionis subject to appeal pursuant to s. 2126 120.68. If the order of the Division of Administrative Hearings 2127Administration Commissionis appealed, the time for the local 2128 government to amend its plan shall be tolled during the pendency 2129 of any local, state, or federal administrative or judicial 2130 proceeding relating to the military base reuse plan. 2131 Section 47. Subsection (7) of section 316.545, Florida 2132 Statutes, is amended to read: 2133 316.545 Weight and load unlawful; special fuel and motor 2134 fuel tax enforcement; inspection; penalty; review.— 2135 (7) There is created within the Department of 2136 Transportation the Commercial Motor Vehicle Review Board, 2137 consisting of three permanent members who shall be the Secretary 2138 of Transportation, the Secretaryexecutive director of the2139Departmentof Highway Safety and Motor Vehicles, and the 2140 Commissioner of Agriculture, or their authorized 2141 representatives, and four additional members appointed pursuant 2142 to paragraph (b), which may review any penalty imposed upon any 2143 vehicle or person under the provisions of this chapter relating 2144 to weights imposed on the highways by the axles and wheels of 2145 motor vehicles, to special fuel and motor fuel tax compliance, 2146 or to violations of safety regulations. 2147 (a) The Secretary of Transportation or his or her 2148 authorized representative shall be the chair of the review 2149 board. 2150 (b) The Governor shall appoint one member from the road 2151 construction industry, one member from the trucking industry, 2152 and one member with a general business or legal background. The 2153 Commissioner of Agriculture shall appoint one member from the 2154 agriculture industry. Each member appointed under this paragraph 2155 must be a registered voter and resident of the state and must 2156 possess business experience in the private sector. Members 2157 appointed underpursuant tothis paragraph shall each serve a 2 2158 year term. A vacancy occurring during the term of a member 2159 appointed under this paragraph shall be filled only for the 2160 remainder of the unexpired term. Members of the board appointed 2161 under this paragraph may be removed from office by the Governor 2162 for misconduct, malfeasance, misfeasance, or nonfeasance in 2163 office. 2164 (c) Each member, before entering upon his or her official 2165 duties, shall take and subscribe to an oath before an official 2166 authorized by law to administer oaths that he or she will 2167 honestly, faithfully, and impartially perform the duties 2168 devolving upon him or her in office as a member of the review 2169 board and that he or she will not neglect any duties imposed 2170 upon him or her by s. 316.3025, s. 316.550, or this section. 2171 (d) The chair of the review board is responsible for the 2172 administrative functions of the review board. 2173 (e) Four members of the board constitute a quorum, and the 2174 vote of four members isshall benecessary for any action taken 2175 by the board. A vacancy on the board does not impair the right 2176 of a quorum of the board to exercise all of the rights and 2177 perform all of the duties of the board. 2178 (f) The review board may hold sessions and conduct 2179 proceedings at any place within the state. As an alternative to 2180 physical appearance, and in addition to any other method of 2181 appearance authorized by rule, the Department of Transportation 2182 shall provide space and video conference capability at each 2183 district office to enable a person requesting a hearing to 2184 appear remotely before the board, regardless of the physical 2185 location of the board proceeding. 2186 Section 48. Paragraph (a) of subsection (2) of section 2187 320.275, Florida Statutes, is amended to read: 2188 320.275 Automobile Dealers Industry Advisory Board.— 2189 (2) MEMBERSHIP, TERMS, MEETINGS.— 2190 (a) The board shall be composed of 12 members. The 2191 secretaryexecutive directorof the Department of Highway Safety 2192 and Motor Vehicles shall appoint the members from names 2193 submitted by the entities for the designated categories the 2194 member will represent. The secretaryexecutive directorshall 2195 appoint one representative of the Department of Highway Safety 2196 and Motor Vehicles; two representatives of the independent motor 2197 vehicle industry as recommended by the Florida Independent 2198 Automobile Dealers Association; two representatives of the 2199 franchise motor vehicle industry as recommended by the Florida 2200 Automobile Dealers Association; one representative of the 2201 auction motor vehicle industry who is from an auction chain and 2202 is recommended by a group affiliated with the National Auto 2203 Auction Association; one representative of the auction motor 2204 vehicle industry who is from an independent auction and is 2205 recommended by a group affiliated with the National Auto Auction 2206 Association; one representative from the Department of Revenue; 2207 a Florida tax collector representative recommended by the 2208 Florida Tax Collectors Association; one representative from the 2209 Better Business Bureau; one representative from the Department 2210 of Agriculture and Consumer Services, who must represent the 2211 Division of Consumer Services; and one representative of the 2212 insurance industry who writes motor vehicle dealer surety bonds. 2213 Section 49. Subsection (1) of section 322.125, Florida 2214 Statutes, is amended to read: 2215 322.125 Medical Advisory Board.— 2216 (1) There shall be a Medical Advisory Board composed of not 2217 fewer than 12 or more than 25 members, at least one of whom must 2218 be 60 years of age or older and all but one of whose medical and 2219 other specialties must relate to driving abilities, which number 2220 must include a doctor of medicine who is employed by the 2221 Department of Highway Safety and Motor Vehicles in Tallahassee, 2222 who shall serve as administrative officer for the board. The 2223 secretaryexecutive directorof the Department of Highway Safety 2224 and Motor Vehicles shall recommend persons to serve as board 2225 members. Every member but two must be a doctor of medicine 2226 licensed to practice medicine in this or any other state. One 2227 member must be an optometrist licensed to practice optometry in 2228 this state. One member must be a chiropractic physician licensed 2229 to practice chiropractic medicine in this state. Members shall 2230 be approved by the Cabinet and shall serve 4-year staggered 2231 terms. The board membership must, to the maximum extent 2232 possible, consist of equal representation of the disciplines of 2233 the medical community treating the mental or physical 2234 disabilities that could affect the safe operation of motor 2235 vehicles. 2236 Section 50. Section 331.353, Florida Statutes, is amended 2237 to read: 2238 331.353 Rulemaking authority.—The Administration Commission2239andState agencies shall have authority to adopt rules 2240 containing procedures for review of spaceport plans and 2241 amendments and development orders for projects applied for or 2242 issued under this act. 2243 Section 51. Paragraph (b) of subsection (5) of section 2244 336.025, Florida Statutes, is amended to read: 2245 336.025 County transportation system; levy of local option 2246 fuel tax on motor fuel and diesel fuel.— 2247 (5) 2248 (b) Any dispute as to the determination by the county of 2249 distribution proportions shall be resolved through an appeal to 2250 the Division of Administrative HearingsAdministration2251Commissionin accordance with procedures developed by the 2252 Division of Administrative Hearingscommission. Pending final 2253 disposition of such proceeding, the tax shall be collected 2254 pursuant to this section, and such funds shall be held in escrow 2255 by the clerk of the circuit court of the county until final 2256 disposition. 2257 Section 52. Subsection (1) of section 337.243, Florida 2258 Statutes, is amended to read: 2259 337.243 Notification of land use changes in designated 2260 transportation corridors.— 2261 (1) If a local government designates a transportation 2262 corridor that includes a facility on the State Highway System in 2263 its local government comprehensive plan and has adopted a 2264 transportation corridor management ordinance, the local 2265 governmental entity shall give reasonable notice by certified 2266 mail to the department prior to approving any substantial zoning 2267 change or subdivision plat changes or granting of a building 2268 permit or development permit, as defined in s. 380.031(3)s.2269380.031(4), for land use or the erection, alteration, or moving 2270 of a building for property within the designated transportation 2271 corridor which would substantially impair the viability of the 2272 corridor for future transportation uses. This notification 2273 requirement shall not apply to any routine maintenance or 2274 emergency repairs to existing structures. Upon notification, the 2275 department shall determine whether to purchase the property 2276 affected or to initiate eminent domain proceedings. The 2277 department’s determination shall not affect the granting or 2278 denial of the permit by the local government. The local 2279 government shall not be liable to the department for failure to 2280 make notification to the department pursuant to this section. 2281 Section 53. Subsections (3) and (4) of section 369.305, 2282 Florida Statutes, are amended to read: 2283 369.305 Review of local comprehensive plans, land 2284 development regulations, Wekiva River development permits, and 2285 amendments.— 2286 (3) If the department determines that the local 2287 comprehensive plan and land development regulations as amended 2288 or supplemented comply with the provisions of subsection (1), 2289 the department shall petition the Department of Economic 2290 OpportunityGovernor and Cabinetto confirm its determination. 2291 If the department determines that the amendments and any new 2292 land development regulations that a county has adopted do not 2293 meet the criteria established in subsection (1), or the 2294 department receives no amendments or new land development 2295 regulations and determines that the county’s existing local 2296 comprehensive plan and land development regulations do not 2297 comply with the provisions of subsection (1), the department 2298 shall petition the Department of Economic OpportunityGovernor2299and Cabinetto order the county to adopt such amendments to its 2300 local comprehensive plan or land development regulations or such 2301 new land development regulations as it deems necessary to meet 2302 the criteria in subsection (1). A determination or petition made 2303 by the department pursuant to this subsection shall not be final 2304 agency action. 2305 (4) The Department of Economic OpportunityGovernor and2306Cabinet, sitting as the Land and Water Adjudicatory Commission,2307 shall render an order on the petition. Any local government 2308 comprehensive plan amendments directly related to the 2309 requirements of this subsection and subsections (1), (2), and 2310 (3) may be initiated by a local planning agency and considered 2311 by the local governing body without regard to statutory or local 2312 ordinance limitations on the frequency of consideration of 2313 amendments to local comprehensive plans. 2314 Section 54. Section 373.114, Florida Statutes, is amended 2315 to read: 2316 373.114Land and Water Adjudicatory Commission;Review of 2317 district rules and orders; department review of district rules.— 2318 (1) Except as provided in subsection (2), the department 2319 hasGovernor and Cabinet, sitting as the Land and Water2320Adjudicatory Commission, havethe exclusive authority to review 2321 any order or rule of a water management district, other than a 2322 rule relating to an internal procedure of the district or a 2323 final order resulting from an evidentiary hearing held under s. 2324 120.569 or s. 120.57 or a rule that has been adopted after 2325 issuance of a final order resulting from an evidentiary hearing 2326 held under s. 120.56, to ensure consistency with the provisions 2327 and purposes of this chapter. Subsequent to the legislative 2328 ratification of the delineation methodology pursuant to s. 2329 373.421(1), this subsection also shall apply to an order ofthe2330department, ora local government exercising delegated 2331 authority, pursuant to ss. 373.403-373.443, except an order 2332 pertaining to activities or operations subject to conceptual 2333 plan approval pursuant to chapter 378 or a final order resulting 2334 from an evidentiary hearing held under s. 120.569 or s. 120.57. 2335 (a) Such review may be initiated by the department or by a 2336 party to the proceeding below by filing a request for review 2337 with the departmentLand and Water Adjudicatory Commissionand 2338 serving a copyon the department andon any person named in the 2339 rule or order within 20 days after adoption of the rule or the 2340 rendering of the order. For the purposes of this section, the 2341 term “party” means any affected person who submitted oral or 2342 written testimony, sworn or unsworn, of a substantive nature 2343 which stated with particularity objections to or support for the 2344 rule or order that are cognizable within the scope of the 2345 provisions and purposes of this chapter. In order for the 2346 departmentcommissionto accept a request for review initiated 2347 by a party below, with regard to a specific order, the 2348 departmentthree members of the commissionmust determine on the 2349 basis of the record below that the activity authorized by the 2350 order would substantially affect natural resources of statewide 2351 or regional significance. Review of an order may also be 2352 accepted if the department determinesthree members of the2353commission determinethat the order raises issues of policy, 2354 statutory interpretation, or rule interpretation that have 2355 regional or statewide significance from the standpoint of agency 2356 precedent. The party requesting the departmentcommissionto 2357 review an order must allege with particularity, and the 2358 departmentcommissionmust find, that: 2359 1. The order is in conflict with statutory requirements; or 2360 2. The order is in conflict with the requirements of a duly 2361 adopted rule. 2362 (b) Review by the departmentLand and Water Adjudicatory2363Commissionis appellate in nature and shall be based solely on 2364 the record below unless the departmentcommissiondetermines 2365 that a remand for a formal evidentiary proceeding is necessary 2366 to develop additional findings of fact. If there is no 2367 evidentiary administrative proceeding resulting from a remand or 2368 referral for findings of fact by the departmentcommission, then 2369 the facts contained in the proposed agency action or proposed 2370 water management district action, including any technical staff 2371 report, shall be deemed undisputed. The matter shall be heard by 2372 the department commissionnot more than 60 days after receipt of 2373 the request for review, unless waived by the parties; provided, 2374 however, such time limit shall be tolled by a referral or remand 2375 pursuant to this paragraph. The departmentcommissionmay refer 2376 a request for review to the Division of Administrative Hearings 2377 for the production of findings of fact, limited to those needed 2378 to render the decision requested, to supplement the record, if 2379 the departmenta majority of the commissiondetermines that 2380 supplementary findings of fact are essential to determine the 2381 consistency of a rule or order with the provisions and purposes 2382 of this chapter. Alternatively, the departmentcommissionmay 2383 remand the matter to the agency below for additional findings of 2384 fact, limited to those needed to render the decision requested, 2385 to supplement the record, if the departmenta majority of the2386commissiondetermines that supplementary findings of fact are 2387 essential to determine the consistency of a rule or order with 2388 the provisions and purposes of this chapter. Such proceedings 2389 must be conducted and the findings transmitted to the department 2390commissionwithin 90 days of the remand or referral. 2391 (c) If the departmentLand and Water Adjudicatory2392Commissiondetermines that a rule of a water management district 2393 is not consistent with the provisions and purposes of this 2394 chapter, it may require the water management district to 2395 initiate rulemaking proceedings to amend or repeal the rule. If 2396 the departmentcommissiondetermines that an order is not 2397 consistent with the provisions and purposes of this chapter, the 2398 departmentcommissionmay rescind or modify the order or remand 2399 the proceeding for further action consistent with the order of 2400 the departmentLand and Water Adjudicatory Commissiononly if 2401 the departmentcommissiondetermines that the activity 2402 authorized by the order would substantially affect natural 2403 resources of statewide or regional significance. In the case of 2404 an order which does not itself substantially affect natural 2405 resources of statewide or regional significance, but which 2406 raises issues of policy that have regional or statewide 2407 significance from the standpoint of agency precedent, the 2408 departmentcommissionmay direct the district to initiate 2409 rulemaking to amend its rules to assure that future actions are 2410 consistent with the provisions and purposes of this chapter 2411 without modifying the order. 2412 (d) In a review under this section of a construction permit 2413 issued pursuant to a conceptual permit under part IV, which 2414 conceptual permit is issued after July 1, 1993, a party to the 2415 review may not raise an issue which was or could have been 2416 raised in a review of the conceptual permit under this section. 2417 (e) A request for review under this section shall not be a 2418 precondition to the seeking of judicial review pursuant to s. 2419 120.68 or the seeking of an administrative determination of rule 2420 validity pursuant to s. 120.56. 2421 (f) The departmentFlorida Land and Water Adjudicatory2422Commissionmay adopt rules to set forth its procedures for 2423 reviewing an order or rule of a water management district 2424 consistent with the provisions of this section. 2425 (g) For the purpose of this section, it shall be presumed 2426 that activity authorized by an order will not affect resources 2427 of statewide or regional significance if the proposed activity: 2428 1. Occupies an area less than 10 acres in size, and 2429 2. Does not create impervious surfaces greater than 2 acres 2430 in size, and 2431 3. Is not located within 550 feet of the shoreline of a 2432 named body of water designated as Outstanding Florida Waters, 2433 and 2434 4. Does not adversely affect threatened or endangered 2435 species. 2436 2437 This paragraph shall not operate to hold that any activity that 2438 exceeds these limits is presumed to affect resources of 2439 statewide or regional significance. The determination of whether 2440 an activity will substantially affect resources of statewide or 2441 regional significance shall be made on a case-by-case basis, 2442 based upon facts contained in the record below. 2443 (2) The department shall have the exclusive authority to 2444 review rules of the water management districts, other than rules 2445 relating to internal management of the districts, to ensure 2446 consistency with the water resource implementation rule as set 2447 forth in the rules of the department. Within 30 days after 2448 adoption or revision of any water management district rule, the 2449 department shall initiate a review of such rule pursuant to this 2450 section. 2451 (a) Within 30 days after adoption of a rule, any affected 2452 person may request that a hearing be held before the secretary 2453 of the department, at which hearing evidence and argument may be 2454 presented relating to the consistency of the rule with the water 2455 resource implementation rule, by filing a request for hearing 2456 with the department and serving a copy on the water management 2457 district. 2458 (b) If the department determines that the rule is 2459 inconsistent with the water resource implementation rule, it may 2460 order the water management district to initiate rulemaking 2461 proceedings to amend or repeal the rule. 2462 (c) An order of the department requiring amendment or 2463 repeal of a rule may be appealed pursuant to s. 120.68to the2464Land and Water Adjudicatory Commissionby the water management 2465 district or any other party to the proceeding before the 2466 secretary. 2467 Section 55. Paragraph (c) of subsection (3) of section 2468 373.139, Florida Statutes, is amended to read: 2469 373.139 Acquisition of real property.— 2470 (3) The initial 5-year work plan and any subsequent 2471 modifications or additions thereto shall be adopted by each 2472 water management district after a public hearing. Each water 2473 management district shall provide at least 14 days’ advance 2474 notice of the hearing date and shall separately notify each 2475 county commission within which a proposed work plan project or 2476 project modification or addition is located of the hearing date. 2477 (c) The Secretary of Environmental Protection shall release 2478 acquisition moneys from the appropriate account or trust fund to 2479 a district following receipt of a resolution adopted by the 2480 governing board identifying the lands being acquired and 2481 certifying that such acquisition is consistent with the 5-year 2482 work plan of acquisition and other provisions of this section. 2483 The governing board also shall provide to the Secretary of 2484 Environmental Protection a copy of all certified appraisals used 2485 to determine the value of the land to be purchased. Each parcel 2486 to be acquired must have at least one appraisal. Two appraisals 2487 are required when the estimated value of the parcel exceeds $1 2488 million. However, when both appraisals exceed $1 million and 2489 differ significantly, a third appraisal may be obtained. If the 2490 purchase price is greater than the appraisal price, the 2491 governing board shall submit written justification for the 2492 increased price. The Secretary of Environmental Protection may 2493 withhold moneys for any purchase that is not consistent with the 2494 5-year plan or the intent of this section or that is in excess 2495 of appraised value. The governing board may appeal any denial to 2496 the Division of Administrative HearingsLand and Water2497Adjudicatory Commission pursuant to s. 373.114. 2498 Section 56. Subsection (1) of section 373.217, Florida 2499 Statutes, is amended to read: 2500 373.217 Superseded laws and regulations.— 2501 (1) It is the intent of the Legislature to provide a means 2502 whereby reasonable programs for the issuance of permits 2503 authorizing the consumptive use of particular quantities of 2504 water may be authorized by the Department of Environmental 2505 Protection, subject to judicial review and also subject to 2506 reviewby the Governor and Cabinet, sitting as the Land and2507Water Adjudicatory Commissionas provided in s. 373.114. 2508 Section 57. Subsections (11) and (13) of section 373.2295, 2509 Florida Statutes, are amended to read: 2510 373.2295 Interdistrict transfers of groundwater.— 2511 (11) If, after the final order of the department or final 2512 agency action under this section, the proposed use of the site 2513 designated in the application for groundwater production, 2514 treatment, or transmission facilities does not conform with the 2515 existing zoning ordinances, a rezoning application may be 2516 submitted. If local authorities deny the application for 2517 rezoning, the applicant may appeal this decision to the 2518 Department of Economic OpportunityLand and Water Adjudicatory2519Commission, which shall authorize a variance or nonconforming 2520 use to the existing comprehensive plan and zoning ordinances, 2521 unless the Department of Economic Opportunitycommission2522 determines after notice and hearing that such variance or 2523 nonconforming use is contrary to the public interest. 2524 (13) When a consumptive use permit under this section is 2525 granted for water use beyond the boundaries of a local 2526 government from which or through which the groundwater is 2527 withdrawn or transferred and a local government denies a permit 2528 required under chapter 125 or chapter 153 for a facility or any 2529 infrastructure which produces, treats, transmits, or distributes 2530 such groundwater, the person or unit of government applying for 2531 the permit under chapter 125 or chapter 153 may appeal the 2532 denial to the Department of Economic OpportunityLand and Water2533Adjudicatory Commission. The Department of Economic Opportunity 2534commissionshall review the local government action for 2535 consistency with this chapter and the interdistrict groundwater 2536 transfer permit and may reverse, modify, or approve the local 2537 government’s action. 2538 Section 58. Paragraph (b) of subsection (1) of section 2539 373.4275, Florida Statutes, is amended to read: 2540 373.4275 Review of consolidated orders.— 2541 (1) Beginning on the effective date of the rules adopted 2542 under s. 373.427(1), review of any consolidated order rendered 2543 pursuant to s. 373.427(1) shall be governed by the provisions of 2544 s. 373.114(1). However, the term “party” shall mean any person 2545 who participated as a party in a proceeding under ss. 120.569 2546 and 120.57 on the concurrently reviewed authorizations, permits, 2547 waivers, variances, or approvals, or any affected person who 2548 submitted to the department, water management district, or board 2549 of trustees oral or written testimony, sworn or unsworn, of a 2550 substantive nature which stated with particularity objections to 2551 or support for the authorization, permit, waiver, variance, or 2552 approval, provided that such testimony was cognizable within the 2553 scope of this chapter or the applicable provisions of chapter 2554 161, chapter 253, or chapter 258 when the consolidated notice of 2555 intent includes an authorization, permit, waiver, variance, or 2556 approval under those chapters. In such cases, the standard of 2557 review shall also ensure consistency with the applicable 2558 provisions and purposes of chapter 161, chapter 253, or chapter 2559 258 when the consolidated order includes an authorization, 2560 permit, waiver, variance, or approval under those chapters. If 2561 the consolidated order subject to review includes approval or 2562 denial of proprietary authorization to use submerged lands on 2563 which the board of trustees has previously acted, as described 2564 in s. 373.427(2), the scope of review under this section shall 2565 not encompass such proprietary decision, but the standard of 2566 review shall also ensure consistency with the applicable 2567 provisions and purposes of chapter 161 when the consolidated 2568 order includes a permit, waiver, or approval under that chapter. 2569 (b) If a consolidated order includes proprietary 2570 authorization under chapter 253 or chapter 258 to use submerged 2571 lands owned by the Board of Trustees of the Internal Improvement 2572 Trust Fund for an activity for which the authority has been 2573 delegated to take final agency action without action of the 2574 board of trustees, the following additional provisions and 2575 exceptions to s. 373.114(1) apply: 2576 1. The Governor and Cabinet shall sitconcurrentlyasthe2577Land and Water Adjudicatory Commission andthe Board of Trustees 2578 of the Internal Improvement Trust Fund in exercising the 2579 exclusive authority to review the order; 2580 2. The review may also be initiated by the Governor or any 2581 member of the Cabinet within 20 days after the rendering of the 2582 order in which case the other provisions of s. 373.114(1)(a) 2583 regarding acceptance of a request for review do not apply; and 2584 3. If the Governor and Cabinet find that an authorization 2585 to use submerged lands is not consistent with chapter 253 or 2586 chapter 258, any authorization, permit, waiver, or approval 2587 authorized or granted by the consolidated order must be 2588 rescinded or modified or the proceeding must be remanded for 2589 further action consistent with the order issued under this 2590 section. 2591 Section 59. Subsection (6) of section 373.703, Florida 2592 Statutes, is amended to read: 2593 373.703 Water production; general powers and duties.—In the 2594 performance of, and in conjunction with, its other powers and 2595 duties, the governing board of a water management district 2596 existing pursuant to this chapter: 2597 (6) May provide water and financial assistance to regional 2598 water supply authorities, but may not provide water to counties 2599 and municipalities which are located within the area of such 2600 authority without the specific approval of the authority or, in 2601 the event of the authority’s disapproval, the approval of the 2602 Governor and Cabinetsitting as the Land and Water Adjudicatory2603Commission. The district may supply water at rates and upon 2604 terms mutually agreed to by the parties or, if they do not 2605 agree, as set by the governing board and specifically approved 2606 by the departmentGovernor and Cabinet sitting as the Land and2607Water Adjudicatory Commission. 2608 Section 60. Paragraph (c) of subsection (1) of section 2609 377.2425, Florida Statutes, is amended to read: 2610 377.2425 Manner of providing security for geophysical 2611 exploration, drilling, and production.— 2612 (1) Prior to granting a permit to conduct geophysical 2613 operations; drilling of exploratory, injection, or production 2614 wells; producing oil and gas from a wellhead; or transporting 2615 oil and gas through a field-gathering system, the department 2616 shall require the applicant or operator to provide surety that 2617 these operations will be conducted in a safe and environmentally 2618 compatible manner. 2619 (c) An applicant for a drilling or operating permit for 2620 operations planned in coastal waters that by their nature 2621 warrant greater surety shall provide surety only in accordance 2622 with paragraph (a), or similar proof of financial responsibility 2623 other than as provided in paragraph (b). For all such 2624 applications, including applications pending at the effective 2625 date of this act and notwithstanding the provisions of paragraph 2626 (b),the Governor and Cabinet in their capacity as the2627Administration Commission, at the recommendation ofthe 2628 Department of Environmental Protection,shall set a reasonable 2629 amount of surety required under this subsection. The surety 2630 amount shall be based on the projected cleanup costs and natural 2631 resources damages resulting from a maximum oil spill and adverse 2632 hydrographic and atmospheric conditions that would tend to 2633 transport the oil into environmentally sensitive areas, as 2634 determined by the Department of Environmental Protection. 2635 Section 61. Subsection (1) of section 380.031, Florida 2636 Statutes, is amended to read: 2637 380.031 Definitions.—As used in this chapter: 2638(1)“Administration commission” or “commission” means the2639Governor and the Cabinet; and for purposes of this chapter the2640commission shall act on a simple majority.2641 Section 62. Paragraph (b) of subsection (2) of section 2642 380.032, Florida Statutes, is amended to read: 2643 380.032 State land planning agency; powers and duties.—The 2644 state land planning agency shall have the power and the duty to: 2645 (2) 2646 (b) Within 20 days following adoption, any substantially 2647 affected party may initiate review of any rule adopted by the 2648 state land planning agency interpreting the guidelines and 2649 standards by filing a request for review with the Division of 2650 Administrative HearingsAdministration Commissionand serving a 2651 copy on the state land planning agency. Filing a request for 2652 review shall stay the effectiveness of the rule pending a 2653 decision by the Division of Administrative Hearings 2654Administration Commission. Within 45 days following receipt of a 2655 request for review, the Division of Administrative Hearings 2656commissionshall either reject the rule or approve the rule, 2657 with or without modification. 2658 Section 63. Subsections (3), (4), and (5) of section 2659 380.045, Florida Statutes, are amended to read: 2660 380.045 Resource planning and management committees; 2661 objectives; procedures.— 2662 (3) Not later than 12 months after its appointment by the 2663 Governor, the committee shall either adopt a proposed voluntary 2664 resource planning and management program for the area under 2665 study or recommend that a voluntary resource planning and 2666 management program not be adopted. The proposed voluntary 2667 resource planning and management program shall contain the 2668 committee findings with respect to problems that endanger those 2669 resources, facilities, and areas described in s. 380.05(2) and 2670 shall contain detailed recommendations for state, regional, and 2671 local governmental actions necessary to resolve current and 2672 prevent future problems identified by the committee. A major 2673 objective of the proposed voluntary resource planning and 2674 management program shall be the effective coordination of state, 2675 regional, and local planning; program implementation; and 2676 regulatory activities for comprehensive resource management. The 2677 committee shall submit the proposed voluntary resource planning 2678 and management program to the head of the state land planning 2679 agency at the Department of Economic Opportunity, who shall2680transmit the program along with the recommendations of the2681agency for monitoring and enforcing the program, as well as any2682other recommendations deemed appropriate, to the Administration2683Commission. 2684 (4) The Department of Economic OpportunityAdministration2685Commissionshall by resolution approve, approve as modified, or 2686 reject the proposed voluntary resource planning and management 2687 program and state land planning agency recommendations; and the 2688 Department of Economic OpportunityAdministration Commission2689 shall request each state or regional agency that is responsible 2690 for implementing a portion of an approved program to conduct its 2691 programs and regulatory activities in a manner consistent with 2692 the approved program. Each state and regional agency involved in 2693 implementing the program shall cooperate to the maximum extent 2694 possible in ensuring that the program is given full effect. 2695 (5) The state land planning agency shall monitorreport to2696the Administration Commission within 12 months of the approval2697of the program by the commission concerningthe implementation 2698 and the effects of the approved voluntary resource planning and 2699 management program, which. The reportshall include, but shall 2700 not be limited to: 2701 (a) An assessment of state agency compliance with the 2702 program, including the degree to which the program 2703 recommendations have been integrated into agency planning, 2704 program implementation, regulatory activities, and rules; 2705 (b) An assessment of the compliance by each affected local 2706 government with the program; 2707 (c) An evaluation of state, regional, and local monitoring 2708 and enforcement activities and recommendations for improving 2709 such activities; and 2710 (d) A determinationrecommendationas to whetheror notall 2711 or any portion of the study area should be designated an area of 2712 critical state concern pursuant to s. 380.05. 2713 2714 The state land planning agency may engage in additional 2715 monitoringmake such other reports to the commissionas it deems 2716 necessary, including determiningrecommendingthat all or any 2717 portion of the study area be designated an area of critical 2718 state concern because of special circumstances in the study area 2719 or in the implementation of the approved voluntary resource 2720 planning and management program. 2721 Section 64. Subsections (1), (3), (4), (5), (8), (9), (10), 2722 (11), (12), (15), and (22) of section 380.05, Florida Statutes, 2723 are amended to read: 2724 380.05 Areas of critical state concern.— 2725 (1)(a) The state land planning agency may from time to time 2726 determinerecommend to the Administration Commissionspecific 2727 areas of critical state concern. In its determination 2728recommendation, the agency shall include recommendations and 2729 findings with respect to the purchase of lands situated within 2730 the boundaries of the proposed area as environmentally 2731 endangered lands and outdoor recreation lands under the Land 2732 Conservation Program. The agency also shall include any report 2733 or recommendation of a resource planning and management 2734 committee appointed pursuant to s. 380.045; the dangers that 2735 would result from uncontrolled or inadequate development of the 2736 area and the advantages that would be achieved from the 2737 development of the area in a coordinated manner; a detailed 2738 boundary description of the proposed area; specific principles 2739 for guiding development within the area; an inventory of lands 2740 owned by the state, federal, county, and municipal governments 2741 within the proposed area; and a list of the state agencies with 2742 programs that affect the purpose of the designation. The agency 2743 shall recommend actions which the local government and state and 2744 regional agencies must accomplish in order to implement the 2745 principles for guiding development. These actions may include, 2746 but need not be limited to, revisions of the local comprehensive 2747 plan and adoption of land development regulations, density 2748 requirements, and special permitting requirements. 2749 (b) Within 45 days following completion of its 2750 determinationreceipt of a recommendation from the agency, the 2751 Department of Economic Opportunitycommissionshall either 2752 reject the determinationrecommendationas tendered or adopt the 2753 determinationrecommendationwith or without modification and by 2754 rule designate the area of critical state concern. Any rule that 2755 designates an area of critical state concern must include: 2756 1. A detailed boundary description of the area. 2757 2. Principles for guiding development. 2758 3. A clear statement of the purpose for the designation. 2759 4. A precise checklist of actions which, when implemented, 2760 will result in repeal of the designation by the Department of 2761 Economic OpportunityAdministration Commission, and the agencies 2762 or entities responsible for taking those actions. 2763 5. A list of those issues or programs for which mechanisms 2764 must be in place to assure ongoing implementation of the actions 2765 taken to result in repeal of the designation. 2766 6. A list of the state agencies which, in addition to those 2767 specified in subsection (22), administer programs that affect 2768 the purpose of the designation. 2769 2770 The rule shall become effective 20 days after being filed with 2771 the Secretary of State, except that an emergency rule adopted by 2772 the Department of Economic Opportunitycommissionand 2773 designating an area of critical state concern shall become 2774 effective immediately on being filed. Any rule adopted pursuant 2775 to this paragraph shall be presented to the Legislature for 2776 review pursuant to paragraph (c). A statement of estimated 2777 regulatory costs prepared pursuant to s. 120.541 shall not be a 2778 ground for a challenge of the rule; however, a landowner shall 2779 not be precluded from using adverse economic results as grounds 2780 for challenge. Such principles for guiding development shall 2781 apply to any development undertaken subsequent to the 2782 legislative review pursuant to paragraph (c) of the designation 2783 of the area of critical state concern with or without 2784 modification but prior to the adoption of land development rules 2785 and regulations or a local comprehensive plan for the critical 2786 area pursuant to subsections (6) and (8). No boundaries or 2787 principles for guiding development shall be adopted without a 2788 specific finding by the departmentcommissionthat the 2789 boundaries or principles are consistent with the purpose of the 2790 designation. The departmentcommissionis not authorized to 2791 adopt any rule that would provide for a moratorium on 2792 development in any area of critical state concern. 2793 (c) A rule adopted by the departmentcommissionpursuant to 2794 paragraph (b) designating an area of critical state concern and 2795 principles for guiding development shall be submitted to the 2796 President of the Senate and the Speaker of the House of 2797 Representatives for review no later than 30 days prior to the 2798 next regular session of the Legislature. The Legislature may 2799 reject, modify, or take no action relative to the adopted rule. 2800 In its deliberations, the Legislature may consider, among other 2801 factors, whether a resource planning and management committee 2802 has established a program pursuant to s. 380.045. In addition to 2803 any other data and information required pursuant to this 2804 chapter, each rule presented to the Legislature shall include a 2805 detailed legal description of the boundary of the area of 2806 critical state concern, proposed principles for guiding 2807 development, and a detailed statement of how the area meets the 2808 criteria for designation as provided in subsection (2). 2809 (d) If, after the repeal of the boundary designation of an 2810 area of critical state concern pursuant to subsection (15), the 2811 state land planning agency determines that the administration of 2812 the local land development regulations or a local comprehensive 2813 plan within a formerly designated area is inadequate to protect 2814 the former area of critical state concern, then the state land 2815 planning agency may redesignate itrecommend to the commission2816that the area be redesignatedas an area of critical state 2817 concern.Within 45 days following the receipt of the2818recommendation from the agency, the commission shall either2819reject the recommendation as tendered or adopt the same with or2820without modification.The Department of Economic Opportunity 2821commissionmay, by rule, make such redesignation effective 2822 immediately, at which time the boundaries, regulations, and 2823 plans in effect at the time the previous designation was 2824 repealed shall be reinstated. Within 90 days of such 2825 redesignation, the departmentcommissionshall begin rulemaking 2826 procedures to designate the area an area of critical state 2827 concern under paragraph (b). 2828 (3) Each regional planning agency may recommend to the 2829 state land planning agency from time to time areas wholly or 2830 partially within its jurisdiction that meet the criteria for 2831 areas of critical state concern as defined in this section. Each 2832 regional planning agency shall solicit from the local 2833 governments within its jurisdiction suggestions as to areas to 2834 be recommended. A local government in an area where there is no 2835 regional planning agency may recommend to the state land 2836 planning agency from time to time areas wholly or partially 2837 within its jurisdiction that meet the criteria for areas of 2838 critical state concern as defined in this section. If the state 2839 land planning agency does not recommend to the department 2840commissionas an area of critical state concern an area 2841 substantially similar to one that has been recommended, it shall 2842 respond in writing as to its reasons therefor. 2843 (4) Prior to making a determinationsubmitting any2844recommendation to the commissionunder subsection (1), the state 2845 land planning agency shall give notice to any committee 2846 appointed pursuant to s. 380.045 and to all local governments 2847 and regional planning agencies that include within their 2848 boundaries any part of any area of critical state concern 2849 proposed to be designated by the rule, in addition to any notice 2850 otherwise required under chapter 120. 2851 (5) After the Department of Economic Opportunitycommission2852 adopts a rule designating the boundaries of, and principles for 2853 guiding development in, an area of critical state concern and 2854 within 180 days of such adoption, the local government having 2855 jurisdiction may submit to the state land planning agency its 2856 existing land development regulations and local comprehensive 2857 plan for the area, if any, or shall prepare, adopt, and submit 2858 the new or modified regulations and plan, the local government 2859 taking into consideration the principles set forth in the rule 2860 designating the area. 2861 (8) If any local government fails to submit land 2862 development regulations or a local comprehensive plan, or if the 2863 regulations or plan or plan amendment submitted do not comply 2864 with the principles for guiding development set out in the rule 2865 designating the area of critical state concern, within 120 days 2866 after the adoption of the rule designating an area of critical 2867 state concern, or within 120 days after the issuance of a 2868 recommended order on the compliance of the plan or plan 2869 amendment pursuant to s. 163.3184, or within 120 days after the 2870 effective date of an order rejecting a proposed land development 2871 regulation, the state land planning agency shall determine 2872submit to the commission recommendedland development 2873 regulations and a local comprehensive plan or portions thereof, 2874 with or without modification, applicable to that local 2875 government’s portion of the area of critical state concern. 2876Within 45 days following receipt of the recommendation from the2877agency, the commission shall either reject the recommendation as2878tendered or adopt the recommendation with or without2879modification, and by rule establish land development regulations2880and a local comprehensive plan applicable to that local2881government’s portion of the area of critical state concern.2882 However, such rule shall not become effective prior to 2883 legislative review of an area of critical state concern pursuant 2884 to paragraph (1)(c). In the rule, the Department of Economic 2885 Opportunitycommissionshall specify the extent to which its 2886 land development regulations, plans, or plan amendments will 2887 supersede, or will be supplementary to, local land development 2888 regulations and plans. Notice of any proposed rule issued under 2889 this section shall be given to all local governments and 2890 regional planning agencies in the area of critical state 2891 concern, in addition to any other notice required under chapter 2892 120. The land development regulations and local comprehensive 2893 plan adopted by the Department of Economic Opportunity 2894commissionunder this section may include any type of regulation 2895 and plan that could have been adopted by the local government. 2896 Any land development regulations or local comprehensive plan or 2897 plan amendments adopted by the Department of Economic 2898 Opportunitycommissionunder this section shall be administered 2899 by the local government as part of, or in the absence of, the 2900 local land development regulations and local comprehensive plan. 2901 (9) If, within 12 months after the Department of Economic 2902 Opportunitycommissionadopts a rule designating an area of 2903 critical state concern, land development regulations or local 2904 comprehensive plans for the area have not become effective under 2905 either subsection (6) or subsection (8), the designation of the 2906 area as an area of critical state concern terminates. No part of 2907 such area may be recommended for redesignation until at least 12 2908 months after the date the designation terminates pursuant to 2909 this subsection. The running of the 12-month period subsequent 2910 to the initial designation shall be tolled upon challenge 2911 pursuant to the provisions of chapter 120 to either the 2912 designation of the area of critical state concern or the 2913 adoption of land development regulations and local comprehensive 2914 plans under subsection (6) or subsection (8). 2915 (10) At any time after the adoption of land development 2916 regulations and plans by the Department of Economic Opportunity 2917commissionunder this section, a local government may propose 2918 land development regulations or a local comprehensive plan 2919 which, if approved by the state land planning agency as provided 2920 in subsection (6), will supersede any regulations or plans 2921 adopted under subsection (8). 2922 (11) Land development regulations or a local comprehensive 2923 plan submitted by a local government in an area of critical 2924 state concern and approved pursuant to subsection (6) may be 2925 amended or rescinded by the local government, but the amendment 2926 or rescission becomes effective only upon approval thereof by 2927 the state land planning agency. The state land planning agency 2928 shall either approve or reject the requested changes within 60 2929 days of receipt thereof. Land development regulations or local 2930 comprehensive plans for an area of critical state concern 2931 adopted by the Department of Economic Opportunitycommission2932 under subsection (8) may be amended or rescinded by rule by the 2933 Department of Economic Opportunitycommissionin the same manner 2934 as for original adoption. 2935 (12) Upon the request of a substantially interested person 2936 pursuant to s. 120.54(7), a local government or regional 2937 planning agency within the designated area, or the state land 2938 planning agency, the Department of Economic Opportunity 2939commissionmay by rule remove, contract, or expand any 2940 designated boundary. Boundary expansions are subject to 2941 legislative review pursuant to paragraph (1)(c). No boundary may 2942 be modified without a specific finding by the Department of 2943 Economic Opportunitycommissionthat such changes are consistent 2944 with necessary resource protection. The total boundaries of an 2945 entire area of critical state concern shall not be removed by 2946 the Department of Economic Opportunitycommissionunless a 2947 minimum time of 1 year has elapsed from the adoption of 2948 regulations and a local comprehensive plan pursuant to 2949 subsection (1), subsection (6), subsection (8), or subsection 2950 (10). Before totally removing such boundaries, the Department of 2951 Economic Opportunitycommissionshall make findings that the 2952 regulations and plans adopted pursuant to subsection (1), 2953 subsection (6), subsection (8), or subsection (10) are being 2954 effectively implemented by local governments within the area of 2955 critical state concern to protect the area and that adopted 2956 local government comprehensive plans within the area have been 2957 conformed to principles for guiding development for the area. 2958 (15) Any rule adopted pursuant to this section designating 2959 the boundaries of an area of critical state concern and the 2960 principles for guiding development therein shall be repealed by 2961 the Department of Economic Opportunitycommissionno earlier 2962 than 12 months and no later than 3 years after approval by the 2963 state land planning agency or adoption by the Department of 2964 Economic Opportunitycommissionof all land development 2965 regulations and local comprehensive plans pursuant to subsection 2966 (6), subsection (8), or subsection (10), and the implementation 2967 of all the actions listed in the designation rule for repeal of 2968 the designation. Any repeal pursuant to this subsection may be 2969 limited to any portion of the area of critical state concern. 2970 The repeal must be contingent upon approval by the state land 2971 planning agency of local land development regulations and plans 2972 pursuant to subsection (6) or subsection (10) and upon such 2973 regulations and plans being effective for a period of 12 months. 2974 (22) All state agencies with rulemaking authority for 2975 programs that affect a designated area of critical state concern 2976 shall review those programs for consistency with the purpose of 2977 the designation and principles for guiding development, and 2978 shall adopt specific permitting standards and criteria 2979 applicable in the designated area, or otherwise amend the 2980 program, as necessary to further the purpose of the designation. 2981 (a)1. Within 6 months after the effective date of the rule 2982 or statute that designates an area of critical state concern, 2983 and at any time thereafter as directed by the Department of 2984 Economic OpportunityAdministration Commission, the Department 2985 of Environmental Protection, the Department of Health, the water 2986 management districts with jurisdiction over any portion of the 2987 area of critical state concern, and any other state agency 2988 specified in the designation rule, shall each submit a report to 2989 the Department of Economic OpportunityAdministration2990Commission, and a copy of the report to the state land planning2991agency. The report shall evaluate the effect of the reporting 2992 agency’s programs upon the purpose of the designation. 2993 2. If different permitting standards or criteria, or other 2994 changes to the program, are necessary in order to further the 2995 purpose of the designation, the report shall recommend rules 2996 which further that purpose and which are consistent with the 2997 principles for guiding development. The report shall explain and 2998 justify the reasons for any different permitting standards or 2999 criteria that may be recommended. The Department of Economic 3000 Opportunitycommissionshall reject the agency’s recommendation, 3001 or accept it with or without modification and direct the agency 3002 to adopt rules, including any changes. Any rule adopted pursuant 3003 to this paragraph shall be consistent with the principles for 3004 guiding development, and shall apply only within the boundary of 3005 the designated area. The agency shall file a copy of the adopted 3006 rule with the Department of Economic OpportunityAdministration3007Commissionand the state land planning agency. 3008 3. If statutory changes are required in order to implement 3009 the permitting standards or criteria that are necessary to 3010 further the purpose of the designation, the report shall 3011 recommend statutory amendments. The Department of Economic 3012 OpportunityAdministration Commissionshall submit any report 3013 that recommends statutory amendments to the President of the 3014 Senate and the Speaker of the House of Representatives, together 3015 with the department’sAdministration Commission’srecommendation 3016 on the proposed amendments. 3017 (b) The Department of Economic OpportunityAdministration3018Commissionhas authority to adopt rules pursuant to ss. 3019 120.536(1) and 120.54 to implement the provisions of this 3020 subsection. 3021 Section 65. Subsections (3) and (4) of section 380.055, 3022 Florida Statutes, are amended to read: 3023 380.055 Big Cypress Area.— 3024 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big 3025 Cypress Area,” as defined in this subsection, is hereby 3026 designated as an area of critical state concern. “Big Cypress 3027 Area” means the area generally depicted on the map entitled 3028 “Boundary Map, Big Cypress National Freshwater Reserve, 3029 Florida,” numbered BC-91,001 and dated November 1971, which is 3030 on file and available for public inspection in the office of the 3031 National Park Service, Department of the Interior, Washington, 3032 D.C., and in the office of the Board of Trustees of the Internal 3033 Improvement Trust Fund, which is the area proposed as the 3034 Federal Big Cypress National Freshwater Reserve, Florida, and 3035 that area described as follows: Sections 1, 2, 11, 12 and 13 in 3036 Township 49 South, Range 31 East; and Township 49 South, Range 3037 32 East, less Sections 19, 30 and 31; and Township 49 South, 3038 Range 33 East; and Township 49 South, Range 34 East; and 3039 Sections 1 through 5 and 10 through 14 in Township 50 South, 3040 Range 32 East; and Sections 1 through 18 and 20 through 25 in 3041 Township 50 South, Range 33 East; and Township 50 South, Range 3042 34 East, less Section 31; and Sections 1 and 2 in Township 51 3043 South, Range 34 East; All in Collier County, Florida, which 3044 described area shall be known as the “Big Cypress National 3045 Preserve Addition, Florida,” together with such contiguous land 3046 and water areas as are ecologically linked with the Everglades 3047 National Park, certain of the estuarine fisheries of South 3048 Florida, or the freshwater aquifer of South Florida, the 3049 definitive boundaries of which shall be set in the following 3050 manner: Within 120 days following the effective date of this 3051 act, the state land planning agency shall determinerecommend3052 definitive boundaries for the Big Cypress Areato the3053Administration Commission,after giving notice to all local 3054 governments and regional planning agencies which include within 3055 their boundaries any part of the area proposed to be included in 3056 the Big Cypress Area and holding such hearings as the state land 3057 planning agency deems appropriate. Within 45 days after the 3058 conclusion of such hearingsfollowing receipt of the recommended3059boundaries, the Department of Economic Opportunity 3060Administration Commissionshall adopt, modify, or reject the 3061 recommendation and shall by rule establish the boundaries of the 3062 area defined as the Big Cypress Area. 3063 (4) ADOPTION OF LAND DEVELOPMENT REGULATIONS.—The 3064 provisions of s. 380.05(5)-(11), (17), and (20) shall not apply 3065 to the Big Cypress Area. All other provisions of this chapter 3066 shall apply to the Big Cypress Area. Any provision of this 3067 chapter to the contrary notwithstanding, the state land planning 3068 agency has the right, and its duty shall be, to determine the 3069submit recommendedland development regulations applicable to 3070 the Big Cypress Areato the Administration Commissionconcurrent 3071 with the boundaries determinedrecommendedpursuant to 3072 subsection (3). The Department of Economic Opportunity may adopt 3073 such determinationAdministration Commission shall either reject3074the recommendation as tendered or adopt the sameby rule with or 3075 without modification. The Department of Economic Opportunity 3076commissionshall specify the extent to which regulations adopted 3077 pursuant to this section supersede local land development 3078 regulations. 3079 Section 66. Subsection (4) and paragraph (b) of subsection 3080 (9) of section 380.0552, Florida Statutes, are amended to read: 3081 380.0552 Florida Keys Area; protection and designation as 3082 area of critical state concern.— 3083 (4) REMOVAL OF DESIGNATION.— 3084 (a) The designation of the Florida Keys Area as an area of 3085 critical state concern under this section may be recommended for 3086 removal upon fulfilling the legislative intent under subsection 3087 (2) and completion of all the work program tasks specified in 3088 rules of the Department of Economic OpportunityAdministration3089Commission. 3090 (b)Beginning November 30, 2010,The state land planning 3091 agency shall annually submit a written report to the Governor 3092Administration Commissiondescribing the progress of the Florida 3093 Keys Area toward completing the work program tasks specified in 3094 the Department of Economic Opportunity’scommissionrules. The 3095 land planning agency shall recommend removing the Florida Keys 3096 Area from being designated as an area of critical state concern 3097 to the Governorcommissionif it determines that: 3098 1. All of the work program tasks have been completed, 3099 including construction of, operation of, and connection to 3100 central wastewater management facilities pursuant to s. 3101 403.086(10) and upgrade of onsite sewage treatment and disposal 3102 systems pursuant to s. 381.0065(4)(l); 3103 2. All local comprehensive plans and land development 3104 regulations and the administration of such plans and regulations 3105 are adequate to protect the Florida Keys Area, fulfill the 3106 legislative intent specified in subsection (2), and are 3107 consistent with and further the principles guiding development; 3108 and 3109 3. A local government has adopted a resolution at a public 3110 hearing recommending the removal of the designation. 3111 (c) After receipt of the state land planning agency report 3112 and recommendation, the GovernorAdministration Commissionshall 3113 determine whether the requirements have been fulfilled and may 3114 remove the designation of the Florida Keys as an area of 3115 critical state concern. If the Governorcommissionremoves the 3116 designation, the Department of Economic Opportunityitshall 3117 initiate rulemaking to repeal any rules relating to such 3118 designation within 60 days. If, after receipt of the state land 3119 planning agency’s report and recommendation, the Governor 3120commissionfinds that the requirements for recommending removal 3121 of designation have not been met, the Department of Economic 3122 Opportunitycommissionshall provide a written report to the 3123 local governments within 30 days after the Governor makesmaking3124 such a finding detailing the tasks that must be completed by the 3125 local government. 3126 (d) The Governor’sAdministration Commission’s3127 determination concerning the removal of the designation of the 3128 Florida Keys as an area of critical state concern may be 3129 reviewed pursuant to chapter 120. All proceedings shall be 3130 conducted by the Division of Administrative Hearings and must be 3131 initiated within 30 days after the Governorcommissionissues 3132 his or heritsdetermination. 3133 (e) After removal of the designation of the Florida Keys as 3134 an area of critical state concern, the state land planning 3135 agency shall review proposed local comprehensive plans, and any 3136 amendments to existing comprehensive plans, which are applicable 3137 to the Florida Keys Area, the boundaries of which were described 3138 in chapter 28-29, Florida Administrative Code, as of January 1, 3139 2006, for compliance as defined in s. 163.3184. All procedures 3140 and penalties described in s. 163.3184 apply to the review 3141 conducted pursuant to this paragraph. 3142 (f) The Department of Economic OpportunityAdministration3143Commissionmay adopt rules or revise existing rules as necessary 3144 to administer this subsection. 3145 (9) MODIFICATION TO PLANS AND REGULATIONS.— 3146 (b) The state land planning agency, after consulting with 3147 the appropriate local government, may, no more than once per 3148 year, recommend to the GovernorAdministration Commissionthe 3149 enactment, amendment, or rescission of a land development 3150 regulation or element of a local comprehensive plan. Within 45 3151 days following the receipt of such recommendation, the Governor 3152commissionshall reject the recommendation, or accept it with or 3153 without modification and the Department of Economic Opportunity 3154 shall adopt it by rule, including any changes. Such local 3155 development regulation or plan must be in compliance with the 3156 principles for guiding development. 3157 Section 67. Subsections (4) and (9) and paragraph (f) of 3158 subsection (10) of section 380.0555, Florida Statutes, are 3159 amended to read: 3160 380.0555 Apalachicola Bay Area; protection and designation 3161 as area of critical state concern.— 3162 (4) REMOVAL OF DESIGNATION.—The state land planning agency 3163 may recommend to the GovernorAdministration Commissionthe 3164 removal of the designation from all or part of the area 3165 specified in subsection (3), if it determines that all local 3166 land development regulations and local comprehensive plans and 3167 the administration of such regulations and plans are adequate to 3168 protect the Apalachicola Bay Area, continue to carry out the 3169 legislative intent set forth in subsection (2), and are in 3170 compliance with the principles for guiding development set forth 3171 in subsection (7). If the GovernorAdministration Commission3172 concurs with the recommendations of the state land planning 3173 agency to remove any area from the designation, the Department 3174 of Economic Opportunityitshall, within 45 days after receipt 3175 of the recommendation, initiate rulemaking to remove the 3176 designation. The state land planning agency shall make 3177 recommendations to the GovernorAdministration Commission3178 annually. 3179 (9) MODIFICATION TO PLANS AND REGULATIONS.—Any land 3180 development regulation or element of a local comprehensive plan 3181 in the Apalachicola Bay Area may be enacted, amended, or 3182 rescinded by a local government, but the enactment, amendment, 3183 or rescission becomes effective only upon the approval thereof 3184 by the state land planning agency. The state land planning 3185 agency shall review the proposed change to determine if it 3186 complies with the principles for guiding development specified 3187 in subsection (7) and must approve or reject the requested 3188 change as provided in s. 380.05. Further, the state land 3189 planning agency, after consulting with the appropriate local 3190 government, may, from time to time, determinerecommendthe 3191 enactment, amendment, or rescission of a land development 3192 regulation or element of a comprehensive plan. Within 45 days 3193 following the determinationreceipt of such recommendationby 3194 the state land planning agency or enactment, amendment, or 3195 rescission by a local government the Department of Economic 3196 Opportunitycommissionshall reject the determination 3197recommendation, enactment, amendment, or rescission or accept it 3198 with or without modification and adopt, by rule, any changes. 3199 Any such local land development regulation or comprehensive plan 3200 or part of such regulation or plan may be adopted by the 3201 Department of Economic Opportunitycommissionif it finds that 3202 it is in compliance with the principles for guiding development. 3203 (10) REQUIREMENTS; LOCAL GOVERNMENTS.— 3204 (f) Franklin County and the municipalities within it shall, 3205 beginning 12 months from June 18, 1985, prepare semiannual 3206 reports on the implementation of paragraphs (b)-(e) on the 3207 environmental status of the Apalachicola Bay Area. The state 3208 land planning agency may prescribe additional detailed 3209 information required to be reported. Each report shall be 3210 delivered to the resource planning and management committee and 3211 the state land planning agency for review and recommendations. 3212 The state land planning agency shall review each report and 3213 consider such reports when making a determination 3214recommendations to the Administration Commissionpursuant to 3215 subsection (9). 3216 Section 68. Subsection (2) and paragraph (b) of subsection 3217 (11) of section 380.06, Florida Statutes, are amended to read: 3218 380.06 Developments of regional impact.— 3219 (2) STATEWIDE GUIDELINES AND STANDARDS.—The statewide 3220 guidelines and standards and the exemptions specified in s. 3221 380.0651 and the statewide guidelines and standards adopted by 3222 the Department of Economic OpportunityAdministration Commission3223 and codified in chapter 73chapter 28-24, Florida Administrative 3224 Code, must be used in determining whether particular 3225 developments are subject to the requirements of subsection (12). 3226 The statewide guidelines and standards previously adopted by the 3227 Department of Economic OpportunityAdministration Commissionand 3228 approved by the Legislature shall remain in effect unless 3229 superseded or repealed by statute. The statewide guidelines and 3230 standards shall be applied as follows: 3231 (a) A development that is below 100 percent of all 3232 numerical thresholds in the statewide guidelines and standards 3233 is not subject to subsection (12). 3234 (b) A development that is at or above 100 percent of any 3235 numerical threshold in the statewide guidelines and standards is 3236 subject to subsection (12). 3237 (11) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.— 3238 (b) If requested by the owner, developer, or local 3239 government, the development-of-regional-impact development order 3240 must be abandoned by the local government having jurisdiction 3241 upon a showing that all required mitigation related to the 3242 amount of development which existed on the date of abandonment 3243 has been completed or will be completed under an existing permit 3244 or equivalent authorization issued by a governmental agency as 3245 defined in s. 380.031s. 380.031(6), provided such permit or 3246 authorization is subject to enforcement through administrative 3247 or judicial remedies. All development following abandonment must 3248 be fully consistent with the current comprehensive plan and 3249 applicable zoning. 3250 Section 69. Section 380.07, Florida Statutes, is amended to 3251 read: 3252 380.07 State Land Planning and Areas of Critical State 3253 ConcernFlorida Land and Water Adjudicatory Commission.— 3254 (1)There is hereby created the Florida Land and Water3255Adjudicatory Commission, which shall consist of the3256Administration Commission.The Department of Economic 3257 Opportunitycommissionmay adopt rules necessary to ensure 3258 compliance with the area of critical state concern program. 3259 (2) Whenever any local government issues any development 3260 order in any area of critical state concern, or in regard to the 3261 abandonment of any approved development of regional impact, 3262 copies of such orders as prescribed by rule by the state land 3263 planning agency shall be transmitted to the state land planning 3264 agency, the regional planning agency, and the owner or developer 3265 of the property affected by such order. The state land planning 3266 agency shall adopt rules describing development order rendition 3267 and effectiveness in designated areas of critical state concern. 3268 Within 45 days after the order is rendered, the owner, the 3269 developer, or the state land planning agency may appeal the 3270 order to the Division of Administrative HearingsFlorida Land3271and Water Adjudicatory Commissionby filing a petition alleging 3272 that the development order is not consistent with this part. 3273 (3) Notwithstanding any other provision of law, an appeal 3274 of a development order in an area of critical state concern by 3275 the state land planning agency under this section may include 3276 consistency of the development order with the local 3277 comprehensive plan. 3278 (4) The appellant shall furnish a copy of the notice of 3279 appeal to the opposing party, as the case may be, and to the 3280 local government that issued the order. The filing of the notice 3281 of appeal stays the effectiveness of the order until after the 3282 completion of the appeal process. 3283 (5) Before issuing a recommendedanorder, the Division of 3284 Administrative HearingsFlorida Land and Water Adjudicatory3285Commissionshall hold a hearing pursuant to chapter 120. The 3286 Division of Administrative Hearingscommissionshall encourage 3287 the submission of appeals on the record made pursuant to 3288 subsection (7) in cases in which the development order was 3289 issued after a full and complete hearing before the local 3290 government or an agency thereof. 3291 (6) After receipt of a recommended order from the Division 3292 of Administrative Hearings, the Department of Economic 3293 OpportunityThe Florida Land and Water Adjudicatory Commission3294 shall issue a final order pursuant to s. 120.57decision3295granting or denying permission to develop pursuant to the3296standards of this chapter and may attach conditions and3297restrictions to its decisions. 3298 (7) If an appeal is filed with respect to any issues within 3299 the scope of a permitting program authorized by chapter 161, 3300 chapter 373, or chapter 403 and for which a permit or conceptual 3301 review approval has been obtained before the issuance of a 3302 development order, any such issue shall be specifically 3303 identified in the notice of appeal which is filed pursuant to 3304 this section, together with other issues that constitute grounds 3305 for the administrative reviewappeal. The administrative 3306 proceedingappealmay proceed with respect to issues within the 3307 scope of permitting programs for which a permit or conceptual 3308 review approval has been obtained before the issuance of a 3309 development order only after the administrative law judge issues 3310 an ordercommission determines by majority vote at a regularly3311scheduled commission meetingthat statewide or regional 3312 interests may be adversely affected by the development. In 3313 making this determination, there is a rebuttable presumption 3314 that statewide and regional interests relating to issues within 3315 the scope of the permitting programs for which a permit or 3316 conceptual approval has been obtained are not adversely 3317 affected. 3318 Section 70. Subsection (2) of section 380.115, Florida 3319 Statutes, is amended to read: 3320 380.115 Vested rights and duties; changes in statewide 3321 guidelines and standards.—A development that has received a 3322 development-of-regional-impact development order pursuant to s. 3323 380.06 but is no longer required to undergo development-of 3324 regional-impact review by operation of law may elect to rescind 3325 the development order pursuant to the following procedures: 3326 (2) If requested by the developer or landowner, the 3327 development-of-regional-impact development order shall be 3328 rescinded by the local government having jurisdiction upon a 3329 showing that all required mitigation related to the amount of 3330 development that existed on the date of rescission has been 3331 completed or will be completed under an existing permit or 3332 equivalent authorization issued by a governmental agency as 3333 defined in s. 380.031(5)s. 380.031(6), if such permit or 3334 authorization is subject to enforcement through administrative 3335 or judicial remedies. 3336 Section 71. Paragraph (l) of subsection (4) of section 3337 381.0065, Florida Statutes, is amended to read: 3338 381.0065 Onsite sewage treatment and disposal systems; 3339 regulation.— 3340 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 3341 construct, repair, modify, abandon, or operate an onsite sewage 3342 treatment and disposal system without first obtaining a permit 3343 approved by the department. The department may issue permits to 3344 carry out this section, but shall not make the issuance of such 3345 permits contingent upon prior approval by the Department of 3346 Environmental Protection, except that the issuance of a permit 3347 for work seaward of the coastal construction control line 3348 established under s. 161.053 shall be contingent upon receipt of 3349 any required coastal construction control line permit from the 3350 Department of Environmental Protection. A construction permit is 3351 valid for 18 months from the issuance date and may be extended 3352 by the department for one 90-day period under rules adopted by 3353 the department. A repair permit is valid for 90 days from the 3354 date of issuance. An operating permit must be obtained prior to 3355 the use of any aerobic treatment unit or if the establishment 3356 generates commercial waste. Buildings or establishments that use 3357 an aerobic treatment unit or generate commercial waste shall be 3358 inspected by the department at least annually to assure 3359 compliance with the terms of the operating permit. The operating 3360 permit for a commercial wastewater system is valid for 1 year 3361 from the date of issuance and must be renewed annually. The 3362 operating permit for an aerobic treatment unit is valid for 2 3363 years from the date of issuance and must be renewed every 2 3364 years. If all information pertaining to the siting, location, 3365 and installation conditions or repair of an onsite sewage 3366 treatment and disposal system remains the same, a construction 3367 or repair permit for the onsite sewage treatment and disposal 3368 system may be transferred to another person, if the transferee 3369 files, within 60 days after the transfer of ownership, an 3370 amended application providing all corrected information and 3371 proof of ownership of the property. There is no fee associated 3372 with the processing of this supplemental information. A person 3373 may not contract to construct, modify, alter, repair, service, 3374 abandon, or maintain any portion of an onsite sewage treatment 3375 and disposal system without being registered under part III of 3376 chapter 489. A property owner who personally performs 3377 construction, maintenance, or repairs to a system serving his or 3378 her own owner-occupied single-family residence is exempt from 3379 registration requirements for performing such construction, 3380 maintenance, or repairs on that residence, but is subject to all 3381 permitting requirements. A municipality or political subdivision 3382 of the state may not issue a building or plumbing permit for any 3383 building that requires the use of an onsite sewage treatment and 3384 disposal system unless the owner or builder has received a 3385 construction permit for such system from the department. A 3386 building or structure may not be occupied and a municipality, 3387 political subdivision, or any state or federal agency may not 3388 authorize occupancy until the department approves the final 3389 installation of the onsite sewage treatment and disposal system. 3390 A municipality or political subdivision of the state may not 3391 approve any change in occupancy or tenancy of a building that 3392 uses an onsite sewage treatment and disposal system until the 3393 department has reviewed the use of the system with the proposed 3394 change, approved the change, and amended the operating permit. 3395 (l) For the Florida Keys, the department shall adopt a 3396 special rule for the construction, installation, modification, 3397 operation, repair, maintenance, and performance of onsite sewage 3398 treatment and disposal systems which considers the unique soil 3399 conditions and water table elevations, densities, and setback 3400 requirements. On lots where a setback distance of 75 feet from 3401 surface waters, saltmarsh, and buttonwood association habitat 3402 areas cannot be met, an injection well, approved and permitted 3403 by the department, may be used for disposal of effluent from 3404 onsite sewage treatment and disposal systems. The following 3405 additional requirements apply to onsite sewage treatment and 3406 disposal systems in Monroe County: 3407 1. The county, each municipality, and those special 3408 districts established for the purpose of the collection, 3409 transmission, treatment, or disposal of sewage shall ensure, in 3410 accordance with the specific schedules adoptedby the3411Administration Commissionunder s. 380.0552, the completion of 3412 onsite sewage treatment and disposal system upgrades to meet the 3413 requirements of this paragraph. 3414 2. Onsite sewage treatment and disposal systems must cease 3415 discharge by December 31, 2015, or must comply with department 3416 rules and provide the level of treatment which, on a permitted 3417 annual average basis, produces an effluent that contains no more 3418 than the following concentrations: 3419 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 3420 b. Suspended Solids of 10 mg/l. 3421 c. Total Nitrogen, expressed as N, of 10 mg/l or a 3422 reduction in nitrogen of at least 70 percent. A system that has 3423 been tested and certified to reduce nitrogen concentrations by 3424 at least 70 percent shall be deemed to be in compliance with 3425 this standard. 3426 d. Total Phosphorus, expressed as P, of 1 mg/l. 3427 3428 In addition, onsite sewage treatment and disposal systems 3429 discharging to an injection well must provide basic disinfection 3430 as defined by department rule. 3431 3. In areas not scheduled to be served by a central sewer, 3432 onsite sewage treatment and disposal systems must, by December 3433 31, 2015, comply with department rules and provide the level of 3434 treatment described in subparagraph 2. 3435 4. In areas scheduled to be served by central sewer by 3436 December 31, 2015, if the property owner has paid a connection 3437 fee or assessment for connection to the central sewer system, 3438 the property owner may install a holding tank with a high water 3439 alarm or an onsite sewage treatment and disposal system that 3440 meets the following minimum standards: 3441 a. The existing tanks must be pumped and inspected and 3442 certified as being watertight and free of defects in accordance 3443 with department rule; and 3444 b. A sand-lined drainfield or injection well in accordance 3445 with department rule must be installed. 3446 5. Onsite sewage treatment and disposal systems must be 3447 monitored for total nitrogen and total phosphorus concentrations 3448 as required by department rule. 3449 6. The department shall enforce proper installation, 3450 operation, and maintenance of onsite sewage treatment and 3451 disposal systems pursuant to this chapter, including ensuring 3452 that the appropriate level of treatment described in 3453 subparagraph 2. is met. 3454 7. The authority of a local government, including a special 3455 district, to mandate connection of an onsite sewage treatment 3456 and disposal system is governed by s. 4, chapter 99-395, Laws of 3457 Florida. 3458 8. Notwithstanding any other provision of law, an onsite 3459 sewage treatment and disposal system installed after July 1, 3460 2010, in unincorporated Monroe County, excluding special 3461 wastewater districts, that complies with the standards in 3462 subparagraph 2. is not required to connect to a central sewer 3463 system until December 31, 2020. 3464 Section 72. Paragraph (c) of subsection (2) of section 3465 388.4111, Florida Statutes, is amended to read: 3466 388.4111 Public lands; arthropod control.— 3467 (2) 3468 (c) If the land management agency and the local arthropod 3469 control agency are unable to agree on a public lands control 3470 plan, the Florida Coordinating Council on Mosquito Control may 3471 recommend a control plan to the department, which shall propose 3472 a recommended public lands control plan. If the land management 3473 agency and the local arthropod control agency fail to agree to 3474 such recommended public lands control plan within 30 days of the 3475 rendering of such plan, either agency may petition the Division 3476 of Administrative HearingsLand and Water Adjudicatory3477Commissionto determine whether the proposed control plan 3478 employs methods which are the minimum necessary and economically 3479 feasible to abate a public health or nuisance problem and which 3480 impose the least hazard to fish, wildlife, and other natural 3481 resources protected or managed in such areas. Unless both 3482 parties waive their right to a hearing, the Division of 3483 Administrative HearingsLand and Water Adjudicatory Commission3484 shall direct a hearing officer to hold a hearing within the 3485 jurisdiction of the local arthropod control agency pursuant to 3486 the provisions of ss. 120.569 and 120.57 and submit a 3487 recommended order. The Department of Economic Opportunity 3488commissionshall, within 60 days of receipt of the recommended 3489 order, issue a final order adopting a public lands control plan. 3490 Consistent with s. 120.57(1)(l), the Department of Economic 3491 Opportunitycommissionmay adopt or modify the proposed control 3492 plan. The Department of Economic Opportunitycommissionshall 3493 adopt rules on the conduct of appeals before the department 3494commission. 3495 Section 73. Paragraph (b) of subsection (1) of section 3496 397.333, Florida Statutes, is amended to read: 3497 397.333 Statewide Drug Policy Advisory Council.— 3498 (1) 3499 (b) The following state officials shall be appointed to 3500 serve on the advisory council: 3501 1. The Attorney General, or his or her designee. 3502 2. The executive director of the Department of Law 3503 Enforcement, or his or her designee. 3504 3. The Secretary of Children and Families, or his or her 3505 designee. 3506 4. The director of the Office of Planning and Budgeting in 3507 the Executive Office of the Governor, or his or her designee. 3508 5. The Secretary of Corrections, or his or her designee. 3509 6. The Secretary of Juvenile Justice, or his or her 3510 designee. 3511 7. The Commissioner of Education, or his or her designee. 3512 8. The Secretaryexecutive director of the Departmentof 3513 Highway Safety and Motor Vehicles, or his or her designee. 3514 9. The Adjutant General of the state as the Chief of the 3515 Department of Military Affairs, or his or her designee. 3516 Section 74. Subsection (34) of section 403.061, Florida 3517 Statutes, is amended to read: 3518 403.061 Department; powers and duties.—The department shall 3519 have the power and the duty to control and prohibit pollution of 3520 air and water in accordance with the law and rules adopted and 3521 promulgated by it and, for this purpose, to: 3522 (34) Adopt rules which may include stricter permitting and 3523 enforcement provisions within Outstanding Florida Waters, 3524 aquatic preserves, areas of critical state concern, and areas 3525 subject to chapter 380 resource management plans adopted by rule 3526 by the Department of Economic OpportunityAdministration3527Commission, when the plans for an area include waters that are 3528 particularly identified as needing additional protection, which 3529 provisions are not inconsistent with the applicable rules 3530 adopted for the management of such areas by the department and 3531 the Department of Economic OpportunityGovernor and Cabinet. 3532 3533 The department shall implement such programs in conjunction with 3534 its other powers and duties and shall place special emphasis on 3535 reducing and eliminating contamination that presents a threat to 3536 humans, animals or plants, or to the environment. 3537 Section 75. Subsection (4) of section 581.217, Florida 3538 Statutes, is amended to read: 3539 581.217 State hemp program.— 3540 (4) FEDERAL APPROVAL.—The department shall seek approval of 3541 the state plan for the regulation of the cultivation of hemp 3542 with the United States Secretary of Agriculture in accordance 3543 with 7 U.S.C. s. 1639p within 30 days after adopting rules. If 3544 the state plan is not approved by the United States Secretary of 3545 Agriculture, the Commissioner of Agriculture, in consultation 3546 with and with final approval from the GovernorAdministration3547Commission, shall develop a recommendation to amend the state 3548 plan and submit the recommendation to the Legislature. 3549 Section 76. Subsection (3) of section 624.509, Florida 3550 Statutes, is amended to read: 3551 624.509 Premium tax; rate and computation.— 3552 (3) Notwithstanding other provisions of law, the 3553 distribution of the premium tax and any penalties or interest 3554 collected thereunder shall be made to the General Revenue Fund 3555 in accordance with rules adopted by the Department of Revenue 3556and approved by the Administration Commission. 3557 Section 77. Paragraph (b) of subsection (1) of section 3558 943.0313, Florida Statutes, is amended to read: 3559 943.0313 Domestic Security Oversight Council.—The 3560 Legislature finds that there exists a need to provide executive 3561 direction and leadership with respect to terrorism prevention, 3562 preparation, protection, response, and recovery efforts by state 3563 and local agencies in this state. In recognition of this need, 3564 the Domestic Security Oversight Council is hereby created. The 3565 council shall serve as an advisory council pursuant to s. 3566 20.03(7) to provide guidance to the state’s regional domestic 3567 security task forces and other domestic security working groups 3568 and to make recommendations to the Governor and the Legislature 3569 regarding the expenditure of funds and allocation of resources 3570 related to counter-terrorism and domestic security efforts. 3571 (1) MEMBERSHIP.— 3572 (b) In addition to the members designated in paragraph (a), 3573 the council may invite other ex officio, nonvoting members to 3574 attend and participate in council meetings. Those nonvoting 3575 members may include, but need not be limited to: 3576 1. The Secretaryexecutive director of the Departmentof 3577 Highway Safety and Motor Vehicles. 3578 2. The Secretary of Health Care Administration. 3579 3. The Secretary of Environmental Protection. 3580 4. The director of the Division of Law Enforcement within 3581 the Fish and Wildlife Conservation Commission. 3582 5. A representative of the Commission on Human Relations. 3583 6. A representative of the United States Coast Guard. 3584 7. A United States Attorney from a federal judicial circuit 3585 within this state. 3586 8. A special agent in charge from an office of the Federal 3587 Bureau of Investigation within this state. 3588 Section 78. Subsection (1) of section 943.06, Florida 3589 Statutes, is amended to read: 3590 943.06 Criminal and Juvenile Justice Information Systems 3591 Council.—There is created a Criminal and Juvenile Justice 3592 Information Systems Council within the department. 3593 (1) The council shall be composed of 15 members, consisting 3594 of the Attorney General or a designated assistant; the executive 3595 director of the Department of Law Enforcement or a designated 3596 assistant; the secretary of the Department of Corrections or a 3597 designated assistant; the chair of the Florida Commission on 3598 Offender Review or a designated assistant; the Secretary of 3599 Juvenile Justice or a designated assistant; the Secretary 3600executive director of the Departmentof Highway Safety and Motor 3601 Vehicles or a designated assistant; the Secretary of Children 3602 and Families or a designated assistant; the State Courts 3603 Administrator or a designated assistant; one1public defender 3604 appointed by the Florida Public Defender Association, Inc.; one 36051state attorney appointed by the Florida Prosecuting Attorneys 3606 Association, Inc.; and five5members, to be appointed by the 3607 Governor, consisting of two2sheriffs, two2police chiefs, and 3608 one1clerk of the circuit court. 3609 Section 79. Subsection (1) of section 945.602, Florida 3610 Statutes, is amended to read: 3611 945.602 State of Florida Correctional Medical Authority; 3612 creation; members.— 3613 (1) There is created the State of Florida Correctional 3614 Medical Authority, which for administrative purposes shall be 3615 assigned to the Department of HealthExecutive Office of the3616Governor. The governing board of the authority shall be composed 3617 of seven persons appointed by the Governor subject to 3618 confirmation by the Senate. One member must be a member of the 3619 Florida Hospital Association, and one member must be a member of 3620 the Florida Medical Association. The authority shall contract 3621 with the Department of HealthExecutive Office of the Governor3622 for the provision of administrative support services, including 3623 purchasing, personnel, general services, and budgetary matters. 3624 The authority is not subject to control, supervision, or 3625 direction by the Department of HealthExecutive Office of the3626Governoror the Department of Corrections. The authority shall 3627 annually elect one member to serve as chair. Members shall be 3628 appointed for terms of 4 years each. Each member may continue to 3629 serve upon the expiration of his or her term until a successor 3630 is duly appointed as provided in this section. Before entering 3631 upon his or her duties, each member of the authority shall take 3632 and subscribe to the oath or affirmation required by the State 3633 Constitution. 3634 Section 80. Subsections (4) through (7) of section 3635 945.6035, Florida Statutes, are amended to read: 3636 945.6035 Dispute resolution.— 3637 (4) If, at the end of the 40-day period, no resolution has 3638 been reached, the authority is authorized to appeal to the 3639 Division of Administrative HearingsAdministration Commission3640 for a review and resolution of the dispute between the 3641 department and the authority. 3642 (5) The authority, within 30 days after receiving written 3643 notice of the action of the secretary or, if no response is 3644 received, within 30 days after the secretary’s response is due 3645 pursuant to subsection (3), may file an appeal by petition to 3646 the Division of Administrative HearingsAdministration3647Commission, filed with the Secretary of the Administration3648Commission. The petition shall set forth the issues in 3649 controversy between the authority and the department, in the 3650 form and manner prescribed by the Division of Administrative 3651 HearingsAdministration Commission, and shall contain the 3652 reasons for the appeal. The department has 5 days after delivery 3653 of a copy of any such petition to file its reply with the 3654 Division of Administrative HearingsSecretary of the3655Administration Commission, and the department shall also deliver 3656 a copy of its reply to the authority. 3657 (6) The issues which may be raised by the authority on 3658 appeal to the Division of Administrative HearingsAdministration3659Commissionare: 3660 (a) Adoption or implementation by the department of a 3661 health care standard which does not conform to the standard of 3662 care generally accepted in the professional health community at 3663 large. 3664 (b) Failure of the department to comply with an adopted 3665 health care standard. 3666 (c) Failure to timely file a corrective action plan 3667 regarding all deficiencies which are determined by the authority 3668 to exist at an institution, as required pursuant to s. 945.6031. 3669 (d) Failure to implement a corrective action plan filed 3670 pursuant to s. 945.6031. 3671 (7) Within 30 days after receipt of a petition from the 3672 authority, the Division of Administrative HearingsSecretary of3673the Administration Commission, or his or her designee,shall 3674 conduct an informal hearing to consider the matters presented in 3675 the petition and the reply, and after the informal hearing shall 3676 promptly submit a report of the findingsand recommendations to3677the Administration Commission. Within 30 days after the informal 3678 hearing, the Division of Administrative HearingsAdministration3679Commissionshall approve either the position of the authority or 3680 that of the department. If the position of the authority is 3681 approved, the Division of Administrative HearingsAdministration3682Commissionshall set forth whatever remedial measures it deems 3683 appropriate and the department shall implement such remedial 3684 measures.The decision of the Administration Commission is final3685and binding on the authority and the department and shall not be3686subject to appeal pursuant to s. 120.68.3687 Section 81. Section 945.6036, Florida Statutes, is amended 3688 to read: 3689 945.6036 Enforcement.— 3690 (1) If the department fails to substantially comply with 3691 the dispute resolution decision of the Division of 3692 Administrative HearingsAdministration Commissionor fails to 3693 implement required remedial action within 45 days after such 3694 decision or within the time period set by the Division of 3695 Administrative HearingsAdministration Commission, whichever 3696 period is longer, the authority is authorized to petition the 3697 Circuit Court in Leon County for an order requiring the 3698 department to comply. For the purposes of this section, 3699 “substantial compliance” means a firm effort to comply fully 3700 with the decision without omitting any essential part, and that 3701 any omission consists solely of an unimportant defect. 3702 (2) If the authority fails to initiate a circuit court 3703 proceeding pursuant to this section, an inmate has the right to 3704 file a verified petition with the authority requesting that such 3705 a proceeding be initiated. The petition shall set forth with 3706 particularity the manner in which the department has failed to 3707 implement the decision of the Division of Administrative 3708 HearingsAdministration Commission, including any required 3709 remedial actions. The authority has 45 days after receipt of a 3710 verified petition to either initiate an action in circuit court 3711 pursuant to this section or advise the inmate in writing of the 3712 reason such an action will not be initiated. 3713 (3) Within 30 days after service of the written decision of 3714 the authority setting forth its reason why an action will not be 3715 initiated by the authority pursuant to this section, an inmate 3716 may initiate an appropriate proceeding in the Circuit Court in 3717 Leon County to require the department to substantially comply 3718 with the decision of the Division of Administrative Hearings 3719Administration Commission. 3720 Section 82. Paragraph (p) of subsection (9) of section 3721 1002.33, Florida Statutes, is amended to read: 3722 1002.33 Charter schools.— 3723 (9) CHARTER SCHOOL REQUIREMENTS.— 3724 (p)1. Each charter school shall maintain a website that 3725 enables the public to obtain information regarding the school; 3726 the school’s academic performance; the names of the governing 3727 board members; the programs at the school; any management 3728 companies, service providers, or education management 3729 corporations associated with the school; the school’s annual 3730 budget and its annual independent fiscal audit; the school’s 3731 grade pursuant to s. 1008.34; and, on a quarterly basis, the 3732 minutes of governing board meetings. 3733 2. Each charter school’s governing board must appoint a 3734 representative to facilitate parental involvement, provide 3735 access to information, assist parents and others with questions 3736 and concerns, and resolve disputes. The representative must 3737 reside in the school district in which the charter school is 3738 located and may be a governing board member, a charter school 3739 employee, or an individual contracted to represent the governing 3740 board. If the governing board oversees multiple charter schools 3741 in the same school district, the governing board must appoint a 3742 separate representative for each charter school in the district. 3743 The representative’s contact information must be provided 3744 annually in writing to parents and posted prominently on the 3745 charter school’s website. The sponsor may not require governing 3746 board members to reside in the school district in which the 3747 charter school is located if the charter school complies with 3748 this subparagraph. 3749 3. Each charter school’s governing board must hold at least 3750 two public meetings per school year in the school district where 3751 the charter school is located. The meetings must be noticed, 3752 open, and accessible to the public, and attendees must be 3753 provided an opportunity to receive information and provide input 3754 regarding the charter school’s operations. The appointed 3755 representative and charter school principal or director, or his 3756 or her designee, must be physically present at each meeting. 3757 Members of the governing board may attend in person or by means 3758 of communications media technology used in accordance with rules 3759 adopted by the Department of EducationAdministration Commission3760 under s. 120.54(5). 3761 Section 83. Paragraph (e) of subsection (4) of section 3762 1002.36, Florida Statutes, is amended to read: 3763 1002.36 Florida School for the Deaf and the Blind.— 3764 (4) BOARD OF TRUSTEES.— 3765 (e) The board of trustees is invested with full power and 3766 authority to: 3767 1. Appoint a president, faculty, teachers, and other 3768 employees and remove the same as in its judgment may be best and 3769 fix their compensation. 3770 2. Procure professional services, such as medical, mental 3771 health, architectural, and engineering. 3772 3. Procure legal services without the prior written 3773 approval of the Attorney General. 3774 4. Determine eligibility of students and procedure for 3775 admission. 3776 5. Provide for the students of the school necessary 3777 bedding, clothing, food, and medical attendance and such other 3778 things as may be proper for the health and comfort of the 3779 students without cost to their parents, except that the board of 3780 trustees may set tuition and other fees for nonresidents. 3781 6. Provide for the proper keeping of accounts and records 3782 and for budgeting of funds. 3783 7. Enter into contracts. 3784 8. Sue and be sued. 3785 9. Secure public liability insurance. 3786 10. Do and perform every other matter or thing requisite to 3787 the proper management, maintenance, support, and control of the 3788 school at the highest efficiency economically possible, the 3789 board of trustees taking into consideration the purposes of the 3790 establishment. 3791 11. Receive gifts, donations, and bequests of money or 3792 property, real or personal, tangible or intangible, from any 3793 person, firm, corporation, or other legal entity. However, the 3794 board of trustees may not obligate the state to any expenditure 3795 or policy that is not specifically authorized by law. If the 3796 bill of sale, will, trust indenture, deed, or other legal 3797 conveyance specifies terms and conditions concerning the use of 3798 such money or property, the board of trustees shall observe such 3799 terms and conditions. 3800 12. Deposit outside the State Treasury such moneys as are 3801 received as gifts, donations, or bequests and may disburse and 3802 expend such moneys, upon its own warrant, for the use and 3803 benefit of the Florida School for the Deaf and the Blind and its 3804 students, as the board of trustees deems to be in the best 3805 interest of the school and its students. Such money or property 3806 does not constitute and may not be considered a part of any 3807 legislative appropriation. 3808 13. Sell or convey by bill of sale, deed, or other legal 3809 instrument any property, real or personal, received as a gift, 3810 donation, or bequest, upon such terms and conditions as the 3811 board of trustees deems to be in the best interest of the school 3812 and its students. 3813 14. Invest such moneys in securities enumerated under s. 3814 215.47(1), (2)(c), (3), (4), and (10), and in The Common Fund, 3815 an Investment Management Fund exclusively for nonprofit 3816 educational institutions. 3817 15. After receiving approval from the Department of 3818 Economic OpportunityAdministration Commission, exercise the 3819 power of eminent domain in the manner provided in chapter 73 or 3820 chapter 74. 3821 Section 84. Section 1013.25, Florida Statutes, is amended 3822 to read: 3823 1013.25 When university or Florida College System 3824 institution board of trustees may exercise power of eminent 3825 domain.—Whenever it becomes necessary for the welfare and 3826 convenience of any of its institutions or divisions to acquire 3827 private property for the use of such institutions, and this 3828 cannot be acquired by agreement satisfactory to a university or 3829 Florida College System institution board of trustees and the 3830 parties interested in, or the owners of, the private property, 3831 the board of trustees may exercise the power of eminent domain 3832 after receiving approval therefor from the Department of 3833 Economic OpportunityAdministration Commissionand may then 3834 proceed to condemn the property in the manner provided by 3835 chapter 73 or chapter 74. 3836 Section 85. This act shall take effect October 1, 2020.