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 by is the Governor and
  161  confirmed by the Senate. The secretary shall serve at the
  162  pleasure of the Governor Cabinet.
  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,
  169  with the concurrence of three members of the Cabinet. The
  170  secretary shall be confirmed by the Florida Senate. 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 Services Administration 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
  201  Executive Office of the Governor and approved by the
  202  Administration 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
  206  Executive 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 Hearings Executive Office of the Governor shall
  212  provide for a budget hearing at which the matters presented in
  213  the petition and the reply shall be considered. A report of the
  214  findings and recommendations of the Executive Office of the
  215  Governor thereon shall be promptly submitted to the
  216  Administration 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, shall
  219  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 Hearings Administration Commission shall 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 Hearings Administration
  238  Commission for the appropriation of additional amounts. The
  239  sheriff shall at the same time deliver a copy of the application
  240  to the 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 conduct Administration Commission may require a
  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 Relations Administration Commission
  265  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 rules
  274  must be approved by a majority vote of the Administration
  275  Commission.
  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. The Administration Commission and the
  283  Department of Management Services is are directed 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
  299  Administration Commission grants 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 department Administration 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
  313  Administration Commission. The department Administration
  314  Commission shall 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 department Administration 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 department Administration Commission has 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 Governor and
  335  consult with the Administration Commission on 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 and the Administration Commission or agency
  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 department of Management Services shall 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 shall
  359  be approved by the Administration Commission prior to their
  360  adoption 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 department and approved by the Administration
  370  Commission, 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 rules
  410  shall be approved by the Administration Commission prior to
  411  their 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 the
  418  Administration 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.
  450  Such rules shall be approved by the Administration Commission
  451  before 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 the
  457  Administration 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 department of Management
  491  Services to determine agency compliance with the provisions of
  492  this part and the rules of the department of Management
  493  Services.
  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 Services Administration
  504  Commission shall 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 may
  525  provide for an alternative official compiler to manage and
  526  operate the division’s database and related services if the
  527  Administration Commission determines that the performance of the
  528  division 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 division By July 1, 1997, the Administration
  534  Commission shall 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 rules by 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  division Administration Commission grants 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
  545  Administration Commission. The Administration Commission shall
  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 division Administration
  552  Commission. 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
  556  Administration Commission has 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
  565  commission pursuant 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
  602  Administration Commission may 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 division Governor and Cabinet, sitting as the
  671  Administration 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 Services Administration Commission may 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 Services commission
  693  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 Services commission may
  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 Services commission
  707  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 Services commission, through the Executive Office of
  710  the 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’s response 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
  726  commission shall 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 recommendations Administration Commission and
  740  confirmed 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
  759  Administration Commission, which shall decide such issue by
  760  majority vote. The appropriations committees may advise the
  761  Governor and Cabinet Administration Commission on 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 Cabinet affirmative vote of two-thirds of the commission
  766  members 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 Governor Administration 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
  790  Administration Commission shall be the hearing officer.
  791         (5) LAND USE AND PLANNING FLORIDA LAND AND WATER
  792  ADJUDICATORY COMMISSION.—Notwithstanding the provisions of s.
  793  120.57(1)(a), When the division Florida Land and Water
  794  Adjudicatory Commission receives a notice of appeal pursuant to
  795  s. 380.07, the division the commission shall notify the
  796  Department of Economic Opportunity and the Department of
  797  Environmental Protection division within 60 days after receipt
  798  of the notice of appeal if the commission elects to request the
  799  assignment 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 department Land and Water Adjudicatory
  824  Commission, 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 department Land and Water
  829  Adjudicatory Commission shall 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 the
  841  Cabinet, and for purposes of this chapter the commission shall
  842  act on a simple majority vote, except that for purposes of
  843  imposing the sanctions provided in s. 163.3184(8), affirmative
  844  action shall require the approval of the Governor and at least
  845  three 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,
  915  including 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,
  995  including 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 agency or the
 1170  Administration Commission enters 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 agency or the Administration Commission
 1231  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 the
 1236  amendment be found not in compliance, The administrative law
 1237  judge shall submit the recommended order to the Department of
 1238  Economic Opportunity Administration Commission for final agency
 1239  action. The Department of Economic Opportunity Administration
 1240  Commission shall 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 Opportunity Administration Commission
 1249  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 OPPORTUNITY ADMINISTRATION
 1258  COMMISSION.—
 1259         (a) If the Department of Economic Opportunity
 1260  Administration 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 department commission shall
 1263  specify remedial actions that would bring the comprehensive plan
 1264  or plan amendment into compliance.
 1265         (b) The Department of Economic Opportunity commission may
 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 department commission may 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’s commission order 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’s commission order
 1288  may also specify that the local government is not eligible for
 1289  funding pursuant to s. 161.091. The department’s commission
 1290  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 or by the
 1315  Administration Commission pursuant to s. 380.05(1).
 1316         (5)
 1317         (b)1.If the administrative law judge recommends that the
 1318  small scale development amendment be found not in compliance,
 1319  The administrative law judge shall submit the recommended order
 1320  to the Department of Economic Opportunity Administration
 1321  Commission for final agency action. If the administrative law
 1322  judge recommends that the small scale development amendment be
 1323  found in compliance, the administrative law judge shall submit
 1324  the recommended order to the state land planning agency.
 1325         2.If the state land planning agency determines that the
 1326  plan amendment is not in compliance, the agency shall submit,
 1327  within 30 days following its receipt, the recommended order to
 1328  the Administration Commission for final agency action. If the
 1329  state land planning agency determines that the plan amendment is
 1330  in compliance, the agency shall enter a final order within 30
 1331  days 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 department state land planning agency
 1336  or 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 Opportunity Administration 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 order Administration Commission acts pursuant
 1350  to this subsection. The Department of Economic Opportunity shall
 1351  make a final determination Administration Commission shall hold
 1352  a hearing no 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
 1355  Administration Commission shall 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 Hearings Florida Land and Water
 1380  Adjudicatory Commission by 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  division commission and 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 division commission shall 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
 1408  Administration 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 Opportunity Administration Commission
 1417  shall review the proposed revisions to the state comprehensive
 1418  plan prepared by the Governor. The department commission shall
 1419  provide adopt a resolution, after public 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
 1423  commission and any dissenting reports. The department commission
 1424  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.
 1442  380.031(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 Opportunity Florida Land and Water
 1451  Adjudicatory 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 ofEconomic Opportunity Florida Land and Water
 1456  Adjudicatory 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  Opportunity Florida 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 Opportunity Florida Land
 1530  and Water Adjudicatory Commission hearing 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 Opportunity Florida Land and
 1564  Water Adjudicatory Commission shall 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 Opportunity Florida Land and
 1590  Water Adjudicatory Commission shall 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 Opportunity Florida Land and
 1603  Water Adjudicatory Commission may 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 Opportunity Florida Land and Water
 1632  Adjudicatory Commission and 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 Opportunity Florida Land and Water Adjudicatory
 1640  Commission, 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 Opportunity Florida Land and Water Adjudicatory
 1645  Commission.
 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
 1656  Florida 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  Opportunity Florida Land and Water Adjudicatory Commission the
 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 department commission shall 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
 1695  Florida Land and Water Adjudicatory Commission, the district may
 1696  be dissolved by repeal of such rule of the department
 1697  commission.
 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 Hearings Governor and
 1704  Cabinet, 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  Services Administration Commission may 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  Services commission shall 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 require Nothing herein shall be
 1733  construed as requiring the 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 the Florida Department of Law
 1738  Enforcement. It is specifically provided that the foregoing
 1739  information shall be exempt from the provisions of s. 119.07(1)
 1740  and shall be considered confidential pursuant to s. 213.053;
 1741  however, the department may make available to the secretary
 1742  executive director of 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. An Any officer, 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 commits is guilty of a 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 secretary executive director or 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 secretary executive
 1764  director or 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 secretary executive director of 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 designated by the
 1916  Administration Commission under 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 Administration
 1966  Commission, 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 Hearings Administration Commission, which shall
 1984  decide 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
 1987  Administration Commission on 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  issue Administration Commission which shall decide such issue by
 1999  majority 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 of Administration
 2005  Commission designates an 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 secretary executive director of
 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
 2101  Administration Commission for final action. The report to the
 2102  Division of Administrative Hearings Administration Commission
 2103  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 Hearings Administration Commission should 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  Hearings Administration Commission shall take action to resolve
 2111  the issues in dispute. In deciding upon a proper resolution, the
 2112  Division of Administrative Hearings Administration Commission
 2113  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  Hearings Administration Commission incorporates 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
 2125  Administration Commission is subject to appeal pursuant to s.
 2126  120.68. If the order of the Division of Administrative Hearings
 2127  Administration Commission is 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 Secretary executive director of the
 2139  Department of 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 under pursuant to this 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 is shall be necessary 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  secretary executive director of 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 secretary executive director shall
 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  secretary executive director of 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 Commission
 2239  and State 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 Hearings Administration
 2251  Commission in accordance with procedures developed by the
 2252  Division of Administrative Hearings commission. 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.
 2269  380.031(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  Opportunity Governor and Cabinet to 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 Opportunity Governor
 2299  and Cabinet to 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 Opportunity Governor and
 2306  Cabinet, 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         373.114 Land 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  has Governor and Cabinet, sitting as the Land and Water
 2320  Adjudicatory Commission, have the 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 of the
 2330  department, or a 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 department Land and Water Adjudicatory Commission and
 2338  serving a copy on the department and on 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  department commission to accept a request for review initiated
 2347  by a party below, with regard to a specific order, the
 2348  department three members of the commission must 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 determines three members of the
 2353  commission determine that 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 department commission to
 2357  review an order must allege with particularity, and the
 2358  department commission must 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 department Land and Water Adjudicatory
 2363  Commission is appellate in nature and shall be based solely on
 2364  the record below unless the department commission determines
 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 department commission, 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 commission not 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 department commission may 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 department a majority of the commission determines 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 department commission may
 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 department a majority of the
 2386  commission determines 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
 2390  commission within 90 days of the remand or referral.
 2391         (c) If the department Land and Water Adjudicatory
 2392  Commission determines 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 department commission determines that an order is not
 2397  consistent with the provisions and purposes of this chapter, the
 2398  department commission may rescind or modify the order or remand
 2399  the proceeding for further action consistent with the order of
 2400  the department Land and Water Adjudicatory Commission only if
 2401  the department commission determines 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  department commission may 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 department Florida Land and Water Adjudicatory
 2422  Commission may 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. 120.68 to the
 2464  Land and Water Adjudicatory Commission by 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 Hearings Land and Water
 2497  Adjudicatory 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  review by the Governor and Cabinet, sitting as the Land and
 2507  Water Adjudicatory Commission as 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 Opportunity Land and Water Adjudicatory
 2519  Commission, which shall authorize a variance or nonconforming
 2520  use to the existing comprehensive plan and zoning ordinances,
 2521  unless the Department of Economic Opportunity commission
 2522  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 Opportunity Land and Water
 2533  Adjudicatory Commission. The Department of Economic Opportunity
 2534  commission shall 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 sit concurrently as the
 2577  Land and Water Adjudicatory Commission and the 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 Cabinet sitting as the Land and Water Adjudicatory
 2603  Commission. 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 department Governor and Cabinet sitting as the Land and
 2607  Water 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 the
 2627  Administration Commission, at the recommendation of the
 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 the
 2639  Governor and the Cabinet; and for purposes of this chapter the
 2640  commission 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 Hearings Administration Commission and 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
 2654  Administration Commission. Within 45 days following receipt of a
 2655  request for review, the Division of Administrative Hearings
 2656  commission shall 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 shall
 2680  transmit the program along with the recommendations of the
 2681  agency for monitoring and enforcing the program, as well as any
 2682  other recommendations deemed appropriate, to the Administration
 2683  Commission.
 2684         (4) The Department of Economic Opportunity Administration
 2685  Commission shall 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 Opportunity Administration Commission
 2689  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 monitor report to
 2696  the Administration Commission within 12 months of the approval
 2697  of the program by the commission concerning the implementation
 2698  and the effects of the approved voluntary resource planning and
 2699  management program, which. The report shall 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 determination recommendation as to whether or not all
 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  monitoring make such other reports to the commission as it deems
 2716  necessary, including determining recommending that 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  determine recommend to the Administration Commission specific
 2727  areas of critical state concern. In its determination
 2728  recommendation, 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  determination receipt of a recommendation from the agency, the
 2751  Department of Economic Opportunity commission shall either
 2752  reject the determination recommendation as tendered or adopt the
 2753  determination recommendation with 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 Opportunity Administration 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 Opportunity commission and
 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 department commission that the
 2789  boundaries or principles are consistent with the purpose of the
 2790  designation. The department commission is 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 department commission pursuant 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 it recommend to the commission
 2816  that the area be redesignated as an area of critical state
 2817  concern. Within 45 days following the receipt of the
 2818  recommendation from the agency, the commission shall either
 2819  reject the recommendation as tendered or adopt the same with or
 2820  without modification. The Department of Economic Opportunity
 2821  commission may, 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 department commission shall 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
 2840  commission as 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 determination submitting any
 2844  recommendation to the commission under 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 Opportunity commission
 2852  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
 2872  submit to the commission recommended land 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.
 2876  Within 45 days following receipt of the recommendation from the
 2877  agency, the commission shall either reject the recommendation as
 2878  tendered or adopt the recommendation with or without
 2879  modification, and by rule establish land development regulations
 2880  and a local comprehensive plan applicable to that local
 2881  government’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  Opportunity commission shall 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
 2894  commission under 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  Opportunity commission under 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  Opportunity commission adopts 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
 2917  commission under 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 Opportunity commission
 2932  under subsection (8) may be amended or rescinded by rule by the
 2933  Department of Economic Opportunity commission in 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
 2939  commission may 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 Opportunity commission that 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 Opportunity commission unless 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 Opportunity commission shall 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 Opportunity commission no 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 Opportunity commission of 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 Opportunity Administration 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 Opportunity Administration
 2990  Commission, and a copy of the report to the state land planning
 2991  agency. 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  Opportunity commission shall 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 Opportunity Administration
 3007  Commission and 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  Opportunity Administration Commission shall 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’s Administration Commission’s recommendation
 3016  on the proposed amendments.
 3017         (b) The Department of Economic Opportunity Administration
 3018  Commission has 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 determine recommend
 3052  definitive boundaries for the Big Cypress Area to the
 3053  Administration 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 hearings following receipt of the recommended
 3059  boundaries, the Department of Economic Opportunity
 3060  Administration Commission shall 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
 3069  submit recommended land development regulations applicable to
 3070  the Big Cypress Area to the Administration Commission concurrent
 3071  with the boundaries determined recommended pursuant to
 3072  subsection (3). The Department of Economic Opportunity may adopt
 3073  such determination Administration Commission shall either reject
 3074  the recommendation as tendered or adopt the same by rule with or
 3075  without modification. The Department of Economic Opportunity
 3076  commission shall 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 Opportunity Administration
 3089  Commission.
 3090         (b) Beginning November 30, 2010, The state land planning
 3091  agency shall annually submit a written report to the Governor
 3092  Administration Commission describing the progress of the Florida
 3093  Keys Area toward completing the work program tasks specified in
 3094  the Department of Economic Opportunity’s commission rules. 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 Governor commission if 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 Governor Administration Commission shall
 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 Governor commission removes the
 3116  designation, the Department of Economic Opportunity it shall
 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
 3120  commission finds that the requirements for recommending removal
 3121  of designation have not been met, the Department of Economic
 3122  Opportunity commission shall provide a written report to the
 3123  local governments within 30 days after the Governor makes making
 3124  such a finding detailing the tasks that must be completed by the
 3125  local government.
 3126         (d) The Governor’s Administration Commission’s
 3127  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 Governor commission issues
 3132  his or her its determination.
 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 Opportunity Administration
 3143  Commission may 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 Governor Administration Commission the
 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
 3152  commission shall 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 Governor Administration Commission the
 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 Governor Administration Commission
 3172  concurs with the recommendations of the state land planning
 3173  agency to remove any area from the designation, the Department
 3174  of Economic Opportunity it shall, 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 Governor Administration Commission
 3178  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, determine recommend the
 3191  enactment, amendment, or rescission of a land development
 3192  regulation or element of a comprehensive plan. Within 45 days
 3193  following the determination receipt of such recommendation by
 3194  the state land planning agency or enactment, amendment, or
 3195  rescission by a local government the Department of Economic
 3196  Opportunity commission shall reject the determination
 3197  recommendation, 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 Opportunity commission if 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
 3214  recommendations to the Administration Commission pursuant 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 Opportunity Administration Commission
 3223  and codified in chapter 73 chapter 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 Opportunity Administration Commission and
 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. 380.031 s. 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  Concern Florida Land and Water Adjudicatory Commission.—
 3254         (1) There is hereby created the Florida Land and Water
 3255  Adjudicatory Commission, which shall consist of the
 3256  Administration Commission. The Department of Economic
 3257  Opportunity commission may 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 Hearings Florida Land
 3271  and Water Adjudicatory Commission by 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 recommended an order, the Division of
 3284  Administrative Hearings Florida Land and Water Adjudicatory
 3285  Commission shall hold a hearing pursuant to chapter 120. The
 3286  Division of Administrative Hearings commission shall 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  Opportunity The Florida Land and Water Adjudicatory Commission
 3294  shall issue a final order pursuant to s. 120.57 decision
 3295  granting or denying permission to develop pursuant to the
 3296  standards of this chapter and may attach conditions and
 3297  restrictions 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 review appeal. The administrative
 3306  proceeding appeal may 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 order commission determines by majority vote at a regularly
 3311  scheduled commission meeting that 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 adopted by the
 3411  Administration Commission under 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 Hearings Land and Water Adjudicatory
 3477  Commission to 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 Hearings Land and Water Adjudicatory Commission
 3484  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
 3488  commission shall, 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  Opportunity commission may adopt or modify the proposed control
 3492  plan. The Department of Economic Opportunity commission shall
 3493  adopt rules on the conduct of appeals before the department
 3494  commission.
 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 Secretary executive director of the Department of
 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 Opportunity Administration
 3527  Commission, 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 Opportunity Governor 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 Governor Administration
 3547  Commission, 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
 3556  and 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 Secretary executive director of the Department of
 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
 3600  executive director of the Department of 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; one 1 public defender
 3604  appointed by the Florida Public Defender Association, Inc.; one
 3605  1 state attorney appointed by the Florida Prosecuting Attorneys
 3606  Association, Inc.; and five 5 members, to be appointed by the
 3607  Governor, consisting of two 2 sheriffs, two 2 police chiefs, and
 3608  one 1 clerk 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 Health Executive Office of the
 3616  Governor. 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 Health Executive Office of the Governor
 3622  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 Health Executive Office of the
 3626  Governor or 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 Hearings Administration Commission
 3640  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 Hearings Administration
 3647  Commission, filed with the Secretary of the Administration
 3648  Commission. 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  Hearings Administration 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 Hearings Secretary of the
 3655  Administration 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 Hearings Administration
 3659  Commission are:
 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 Hearings Secretary of
 3673  the 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 findings and recommendations to
 3677  the Administration Commission. Within 30 days after the informal
 3678  hearing, the Division of Administrative Hearings Administration
 3679  Commission shall 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 Hearings Administration
 3682  Commission shall 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 final
 3685  and binding on the authority and the department and shall not be
 3686  subject 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 Hearings Administration Commission or 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 Hearings Administration 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  Hearings Administration 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
 3719  Administration 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 Education Administration Commission
 3760  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 Opportunity Administration 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 Opportunity Administration Commission and 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.

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