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Highway Safety and Motor Vehicles to be a secretary 30 appointed by, and serving at the pleasure of, the 31 Governor and confirmed by the Senate; amending s. 32 20.255, F.S.; removing provisions requiring 33 concurrence of Cabinet members for the appointment of 34 the Secretary of Environmental Protection; amending 35 ss. 30.49, 110.112, 110.161, 110.201, 110.2035, 36 110.205, 110.21, 110.219, 110.227, 110.403, 112.175, 37 120.533, 120.54, 120.542, 120.63, 120.65, 120.80, 38 161.55, 163.3164, 163.3177, 163.3184, 163.3187, 39 163.3213, 163.3245, 186.008, 186.515, 190.005, 40 190.046, 195.087, 206.27, 207.021, 212.055, 215.619, 41 215.95, 216.182, 216.192, 259.045, 282.709, 288.975, 42 316.545, 320.275, 322.125, 331.353, 336.025, 337.243, 43 369.305, 373.114, 373.139, 373.217, 373.2295, 44 373.4275, 373.703, 377.2425, 380.031, 380.032, 45 380.045, 380.05, 380.055, 380.0552, 380.0555, 380.06, 46 380.07, 380.115, 381.0065, 388.4111, 397.333, 403.061, 47 581.217, 624.509, 943.0313, 943.06, 945.602, 945.6035, 48 945.6036, 1002.33, 1002.36, and 1013.25, F.S.; 49 conforming provisions and cross-references to changes 50 made by the act; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54

Section 1. Legislative purpose.—It is the intent of the 55 Legislature to pursue a state executive structure more aligned 56 with the federal system in order to promote greater 57 accountability and efficiency. When America’s founding fathers 58

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 3 of 133 CODING: Words stricken are deletions; words underlined are additions. designed our federal government structure, they intentionally 59 chose a system in which there was a unitary executive. The 60 founders very consciously declined to sap the executive’s 61 strength by dividing the executive power and instead vested the 62 executive power in one elected individual, believing that an 63 energetic executive is the leading character in the definition 64 of good government.

The changes made herein reflect our intent 65 to move away from a plural executive structure toward more 66 unitary executive governance that encourages greater 67 accountability in the democratic process and efficiencies in 68 government. 69

Section 2. Type two transfers from the Executive Office of 70 the Governor.— 71 (1)(

a) All powers, duties, functions, records, offices, 72 personnel, associated administrative support positions, 73 property, pending issues, existing contracts, administrative 74 authority, administrative rules, and unexpended balances of 75 appropriations, allocations, and other funds relating to the 76 Administration Commission in the Executive Office of the 77 Governor are transferred by a type two transfer, as defined in 78 s. 20.06(2), Florida Statutes, to the Division of Administrative 79 Hearings, the Florida Commission on Human Relations, and the 80 Department of Economic Opportunity as appropriate. 81 (

b) Any binding contract or interagency agreement existing 82 before October 1, 2020, between the Administration Commission in 83 the Executive Office of the Governor, or an entity or agent of 84 the commission, and any other agency, entity, or person shall 85 continue as a binding contract or agreement for the remainder of 86 the term of such contract or agreement on the successor entity 87

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 4 of 133 CODING: Words stricken are deletions; words underlined are additions. responsible for the program, activity, or functions relative to 88 the contract or agreement. 89

(2) All powers, duties, functions, records, offices, 90 personnel, associated administrative support positions, 91 property, pending issues, existing contracts, administrative 92 authority, administrative rules, and unexpended balances of 93 appropriations, allocations, and other funds relating to the 94 Florida Land and Water Adjudicatory Commission are transferred 95 by a type two transfer, as defined in s. 20.06(2), Florida 96 Statutes, to the Department of Environmental Protection, the 97 Department of Economic Opportunity, and the Division of 98 Administrative Hearings as appropriate. 99 (3)(

a) All powers, duties, functions, records, offices, 100 personnel, associated administrative support positions, 101 property, pending issues, existing contracts, administrative 102 authority, administrative rules, and unexpended balances of 103 appropriations, allocations, and other funds relating to the 104 State of Florida Correctional Medical Authority in the Executive 105 Office of the Governor are transferred by a type two transfer, 106 as defined in s. 20.06(2), Florida Statutes, to the Department 107 of Health. 108 (

b) Any binding contract or interagency agreement existing 109 before October 1, 2020, between the State of Florida 110 Correctional Medical Authority in the Executive Office of the 111 Governor, or an entity or agent of the authority, and any other 112 agency, entity, or person shall continue as a binding contract 113 or agreement for the remainder of the term of such contract or 114 agreement on the successor department, agency, or entity 115 responsible for the program, activity, or functions relative to 116

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Section 3.

(1) Notwithstanding ss. 216.292 and 216.351, 118 Florida Statutes, upon approval by the Legislative Budget 119 Commission, the Executive Office of the Governor may transfer 120 funds and positions between agencies to implement this act. 121

(2) The Governor shall submit in a timely manner to the 122 applicable federal departments or agencies any necessary 123 amendments or supplemental information concerning plans that the 124 state is required to submit to the Federal Government in 125 connection with any federal or state program. The Governor shall 126 seek any waivers from the requirements of federal law or rules 127 which may be necessary to administer the provisions of this act. 128

(3) The transfer of any program, activity, duty, or 129 function under this act includes the transfer of any records and 130 unexpended balances of appropriations, allocations, or other 131 funds related to such program, activity, duty, or function. 132 Unless otherwise provided, the successor organization to any 133 program, activity, duty, or function transferred under this act 134 shall become the custodian of any property of the organization 135 that was responsible for the program, activity, duty, or 136 function immediately prior to the transfer. 137

Section 4. The Legislature recognizes that there is a need 138 to conform the Florida Statutes to the policy decisions 139 reflected in this act and that there is a need to resolve 140 apparent conflicts between any other legislation that has been 141 or may be enacted during the 2020 Regular Session of the 142 Legislature and the transfer of duties made by this act. 143 Therefore, in the interim between this act becoming law and the 144 2021 Regular Session of the Legislature or an earlier special 145

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 7 of 133 CODING: Words stricken are deletions; words underlined are additions. 30.49 Budgets.— 175

(4) The board of county commissioners or the budget 176 commission, as appropriate, may require the sheriff to correct 177 mathematical, mechanical, factual, and clerical errors and 178 errors as to form in the proposed budget. At the hearings held 179 pursuant to s. 200.065, the board or commission may amend, 180 modify, increase, or reduce any or all items of expenditure in 181 the proposed budget, as certified by the sheriff pursuant to 182 paragraphs (2)(a)-(c), and shall approve such budget, as 183 amended, modified, increased, or reduced.

The board or 184 commission must give written notice of its action to the sheriff 185 and specify in such notice the specific items amended, modified, 186 increased, or reduced. The budget must include the salaries and 187 expenses of the sheriff’s office, cost of operation of the 188 county jail, purchase, maintenance and operation of equipment, 189 including patrol cars, radio systems, transporting prisoners, 190 court duties, and all other salaries, expenses, equipment, and 191 investigation expenditures of the entire sheriff’s office for 192 the previous year. 193 (

a) The sheriff, within 30 days after receiving written 194 notice of such action by the board or commission, in person or 195 in his or her office, may file an appeal by petition to the 196 Division of Administrative Hearings within the Department of 197 Management Services Administration Commission. The petition must 198 set forth the budget proposed by the sheriff, in the form and 199 manner prescribed by the Division of Administrative Hearings 200 Executive Office of the Governor and approved by the 201 Administration Commission, and the budget as approved by the 202 board of county commissioners or the budget commission and shall 203

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 8 of 133 CODING: Words stricken are deletions; words underlined are additions. contain the reasons or grounds for the appeal. Such petition 204 shall be filed with the Division of Administrative Hearings 205 Executive Office of the Governor, and a copy served upon the 206 board or commission from the decision of which appeal is taken 207 by delivering the same to the chair or president thereof or to 208 the clerk of the circuit court. 209

(5) Upon receipt of the petition, the Division of 210 Administrative Hearings Executive Office of the Governor shall 211 provide for a budget hearing at which the matters presented in 212 the petition and the reply shall be considered.

A report of the 213 findings and recommendations of the Executive Office of the 214 Governor thereon shall be promptly submitted to the 215 Administration Commission, which, Within 30 days after the 216 hearing, the administrative law judge of the Division of 217 Administrative Hearings shall issue a final order to, shall 218 either approve the action of the board or commission as to each 219 separate item, or approve the budget as proposed by the sheriff 220 as to each separate item, or amend or modify the budget as to 221 each separate item within the limits of the proposed board of 222 expenditures and the expenditures as approved by the board of 223 county commissioners or the budget commission, as the case may 224 be.

The budget as approved, amended, or modified by the Division 225 of Administrative Hearings Administration Commission shall be 226 final. 227

(10) If in the judgment of the sheriff an emergency should 228 arise by reason of which the sheriff would be unable to perform 229 his or her duties without the expenditure of larger amounts than 230 those provided in the budget, he or she may apply to the board 231 of county commissioners for the appropriation of additional 232

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 9 of 133 CODING: Words stricken are deletions; words underlined are additions. amounts. If the board of county commissioners approves the 233 sheriff’s request, no further action is required on either 234 party. If the board of county commissioners disapproves a 235 portion or all of the sheriff’s request, the sheriff may apply 236 to the Division of Administrative Hearings Administration 237 Commission for the appropriation of additional amounts.

The 238 sheriff shall at the same time deliver a copy of the application 239 to the Administration Commission, the board of county 240 commissioners, and the budget commission, if there is a budget 241 commission within the county. The Division of Administrative 242 Hearings may conduct Administration Commission may require a 243 budget hearing on the application, after due notice to the 244 sheriff and to the boards, and may grant or deny an increase or 245 increases in the appropriations for the sheriff’s offices.

If 246 any increase is granted, the board of county commissioners, and 247 the budget commission, if there is a budget commission in the 248 county, shall amend accordingly the budget of the appropriate 249 county fund or funds. Such budget shall be brought into balance, 250 if possible, by application of excess receipts in such county 251 fund or funds.

If such excess receipts are not available in 252 sufficient amount, the county fund budget or budgets shall be 253 brought into balance by adding an item of “Vouchers unpaid” in 254 the appropriate amount to the receipts side of the budget, and 255 provision for paying such vouchers shall be made in the budget 256 of the county fund for the next fiscal year. 257

Section 9. Paragraph (

a) of subsection (2) of

section 258 110.112, Florida Statutes, is amended to read: 259 110.112 Affirmative action; equal employment opportunity.— 260 (2)(

a) The head of each executive agency shall develop and 261

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 10 of 133 CODING: Words stricken are deletions; words underlined are additions. implement an affirmative action plan in accordance with rules 262 adopted by the department and approved by a majority vote of the 263 Florida Commission on Human Relations Administration Commission 264 before their adoption. 265

Section 10. Subsection (5) and paragraph (

c) of subsection 266 (6) of

section 110.161, Florida Statutes, are amended to read: 267 110.161 State employees; pretax benefits program.— 268

(5) The Department of Management Services shall develop 269 rules for the pretax benefits program, which shall specify the 270 benefits to be offered under the program, the continuing tax-271 exempt status of the program, and any other matters deemed 272 necessary by the department to implement this section. The rules 273 must be approved by a majority vote of the Administration 274 Commission. 275

(6) The Department of Management Services is authorized to 276 administer the pretax benefits program established for all 277 employees so that employees may receive benefits that are not 278 includable in gross income under the Internal Revenue Code of 279 1986. The pretax benefits program: 280 (

c) May provide for the payment of such premiums through a 281 pretax payroll procedure. The Administration Commission and the 282 Department of Management Services is are directed to take all 283 actions necessary to preserve the tax-exempt status of the 284 program. 285

Section 11. Paragraphs (a), (b), and (

c) of subsection (1) 286 and subsection (4) of

section 110.201, Florida Statutes, are 287 amended to read: 288 110.201 Personnel rules, records, and reports.— 289 (1)(

a) The department, in consultation with agencies that 290

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 12 of 133 CODING: Words stricken are deletions; words underlined are additions. reasons for the exception must be published in the Florida 320 Administrative Register. 321 (

c) Agency rules that provide exceptions to the uniform 322 personnel rules may not be filed with the Department of State 323 unless the department Administration Commission has approved the 324 exceptions. Each agency that adopts rules that provide 325 exceptions to the uniform rules or that must comply with 326 statutory requirements that conflict with the uniform rules must 327 have a separate

chapter published in the Florida Administrative 328 Code which clearly delineates the provisions of the agency’s 329 rules which provide exceptions or are based upon a conflicting 330 statutory requirement. Each alternative chosen from those 331 authorized by the uniform rules must be specified. Each

chapter 332 must be organized in the same manner as the uniform rules. 333

(4) The department shall coordinate with the Governor and 334 consult with the Administration Commission on personnel matters 335 falling within the scope of collective bargaining and shall 336 represent the Governor in collective bargaining negotiations and 337 other collective bargaining matters as may be necessary.

All 338 discussions between the department and the Governor, and between 339 the department and the Administration Commission or agency 340 heads, or between any of their respective representatives, 341 relative to collective bargaining, shall be exempt from the 342 provisions of s. 286.011, and all work products relative to 343 collective bargaining developed in conjunction with such 344 discussions shall be confidential and exempt from the provisions 345 of s. 119.07(1). 346

Section 12. Paragraph (

e) of subsection (1) of

section 347 110.2035, Florida Statutes, is amended to read: 348

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 13 of 133 CODING: Words stricken are deletions; words underlined are additions. 110.2035 Classification and compensation program.— 349

(1) The department of Management Services shall establish 350 and maintain a classification and compensation program 351 addressing Career Service, Selected Exempt Service, and Senior 352 Management Service positions. No action may be taken to fill any 353 position until it has been classified in accordance with the 354 classification plan. 355 (

e) In cooperation and consultation with the employing 356 agencies, the department shall adopt rules necessary to govern 357 the administration of the classification plan. Such rules shall 358 be approved by the Administration Commission prior to their 359 adoption by the department. 360

Section 13. Paragraph (

n) of subsection (2) of

section 361 110.205, Florida Statutes, is amended to read: 362 110.205 Career service; exemptions.— 363

(2) EXEMPT POSITIONS.—The exempt positions that are not 364 covered by this

part include the following: 365 (n)1.a.

In addition to those positions exempted by other 366 paragraphs of this subsection, each department head may 367 designate a maximum of 20 policymaking or managerial positions, 368 as defined by the department and approved by the Administration 369 Commission, as being exempt from the Career Service System. 370 Career service employees who occupy a position designated as a 371 position in the Selected Exempt Service under this paragraph 372 shall have the right to remain in the Career Service System by 373 opting to serve in a position not exempted by the employing 374 agency.

Unless otherwise fixed by law, the department shall set 375 the salary and benefits of these positions in accordance with 376 the rules of the Selected Exempt Service; provided, however, 377

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 14 of 133 CODING: Words stricken are deletions; words underlined are additions. that if the agency head determines that the general counsel, 378 chief Cabinet aide, public information administrator or 379 comparable position for a Cabinet officer, inspector general, or 380 legislative affairs director has both policymaking and 381 managerial responsibilities and if the department determines 382 that any such position has both policymaking and managerial 383 responsibilities, the salary and benefits for each such position 384 shall be established by the department in accordance with the 385 rules of the Senior Management Service. 386 b.

In addition, each department may designate one 387 additional position in the Senior Management Service if that 388 position reports directly to the agency head or to a position in 389 the Senior Management Service and if any additional costs are 390 absorbed from the existing budget of that department. 391 2.

If otherwise exempt, employees of the Public Employees 392 Relations Commission, the Commission on Human Relations, and the 393 Reemployment Assistance Appeals Commission, upon the 394 certification of their respective commission heads, may be 395 provided for under this paragraph as members of the Senior 396 Management Service, if otherwise qualified. However, the deputy 397 general counsel of the Public Employees Relations Commission 398 shall be compensated as members of the Selected Exempt Service. 399

Section 14. Subsection (5) of

section 110.21, Florida 400 Statutes, is amended to read: 401 110.21 Shared employment.—In order to promote part-time 402 career employment opportunities at all levels in the career 403 service, the department shall establish and maintain a plan for 404 shared employment applicable to all classes in the career 405 service and shall be responsible for the overall review, 406

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 15 of 133 CODING: Words stricken are deletions; words underlined are additions. coordination, and administration of the shared-employment plan. 407

(5) The department shall adopt any rules necessary to 408 implement the provisions of this section; however, such rules 409 shall be approved by the Administration Commission prior to 410 their adoption by the department. 411

Section 15. Subsection (5) of

section 110.219, Florida 412 Statutes, is amended to read: 413 110.219 Attendance and leave; general policies.— 414

(5) Rules shall be adopted by the department in cooperation 415 and consultation with the agencies to implement the provisions 416 of this section; however, such rules must be approved by the 417 Administration Commission prior to their adoption. Such rules 418 must provide for, but need not be limited to: 419 (

a) The maximum responsibility and authority resting with 420 each agency head to administer attendance and leave matters in 421 the agency within the parameters of the rules adopted by the 422 department. 423 (

b) Creditable service in which 1 month of service credit 424 is awarded for each calendar month that the employee is on the 425 payroll of a state agency or during which the employee is on 426 authorized leave without pay. 427 (

c) Holidays as provided in s. 110.117. 428 (

d) Overtime provisions. 429 (

e) Annual leave provisions. 430 (

f) Sick leave provisions. 431 (

g) Parental leave provisions. 432 (

h) Family medical leave provisions. 433 (

i) Disability leave provisions. 434 (

j) Compulsory disability leave provisions. 435

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k) Administrative leave provisions. 436 (

l) Military leave provisions. 437 (

m) Educational leave with pay provisions. 438 (

n) Leave of absence without pay provisions. 439

Section 16. Paragraph (

b) of subsection (2) of

section 440 110.227, Florida Statutes, is amended to read: 441 110.227 Suspensions, dismissals, reductions in pay, 442 demotions, layoffs, transfers, and grievances.— 443 (2) 444 (

b) For the implementation of layoffs as defined in s. 445 110.107, the department shall develop rules requiring retention 446 of the agency’s employees based upon objective measures that 447 give consideration to comparative merit, demonstrated skills, 448 the employee’s experience, and the employee’s length of service. 449 Such rules shall be approved by the Administration Commission 450 before their adoption by the department. 451

Section 17. Subsection (1) of

section 110.403, Florida 452 Statutes, is amended to read: 453 110.403 Powers and duties of the department.— 454

(1) In order to implement the purposes of this part, the 455 Department of Management Services, after approval by the 456 Administration Commission, shall adopt and amend rules providing 457 for: 458 (

a) A system for employing, promoting, or reassigning 459 managers that is responsive to organizational or program needs. 460 In no event shall the number of positions included in the Senior 461 Management Service exceed 1.0 percent of the total full-time 462 equivalent positions in the career service. The department shall 463 deny approval to establish any position within the Senior 464

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 17 of 133 CODING: Words stricken are deletions; words underlined are additions. Management Service which would exceed the limitation established 465 in this paragraph. The department shall report that the 466 limitation has been reached to the Governor, the President of 467 the Senate, and the Speaker of the House of Representatives, as 468 soon as practicable after such event occurs.

Employees in the 469 Senior Management Service shall serve at the pleasure of the 470 agency head and shall be subject to suspension, dismissal, 471 reduction in pay, demotion, transfer, or other personnel action 472 at the discretion of the agency head. Such personnel actions are 473 exempt from the provisions of

chapter 120. 474 (

b) A performance appraisal system which shall take into 475 consideration individual and organizational efficiency, 476 productivity, and effectiveness. 477 (

c) A classification plan and a salary and benefit plan 478 that provides appropriate incentives for the recruitment and 479 retention of outstanding management personnel and provides for 480 salary increases based on performance. 481 (

d) A system of rating duties and responsibilities for 482 positions within the Senior Management Service and the 483 qualifications of candidates for those positions. 484 (

e) A system for documenting actions taken on agency 485 requests for approval of position exemptions and special pay 486 increases. 487 (

f) Requirements regarding recordkeeping by agencies with 488 respect to Senior Management Service positions. Such records 489 shall be audited periodically by the department of Management 490 Services to determine agency compliance with the provisions of 491 this part and the rules of the department of Management 492 Services. 493

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g) Other procedures relating to personnel administration 494 to carry out the purposes of this part. 495 (

h) A program of affirmative and positive action that will 496 ensure full utilization of women and minorities in Senior 497 Management Service positions. 498

Section 18. Subsection (2) of

section 112.175, Florida 499 Statutes, is amended to read: 500 112.175 Employee wages; withholding to repay educational 501 loan.— 502

(2) The Department of Management Services Administration 503 Commission shall adopt rules to implement this section, which 504 shall include, but not be limited to, a standard method of 505 calculating amounts to be withheld from employees who have 506 failed to establish a repayment

schedule within the specified 507 period of time or failed to meet the terms and conditions of the 508 agreed to or approved repayment

schedule provided for in this 509 section. Such method shall consider the following factors: 510 (

a) The amount of the loan which remains outstanding; 511 (

b) The income of the employee who owes such amount; and 512 (

c) Other factors such as the number of dependents 513 supported by the employee. 514

Section 19. Subsection (7) of

section 120.533, Florida 515 Statutes, is amended to read: 516 120.533 Coordination of the transmittal, indexing, and 517 listing of agency final orders by Department of State.—The 518 Department of State shall: 519

(7) Adopt rules as necessary to administer its 520 responsibilities under this section, which shall be binding on 521 all agencies including the division acting in the capacity of 522

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 19 of 133 CODING: Words stricken are deletions; words underlined are additions. official compiler of administrative final orders under s. 523 120.53, notwithstanding s. 120.65. The Department of State may 524 provide for an alternative official compiler to manage and 525 operate the division’s database and related services if the 526 Administration Commission determines that the performance of the 527 division as official compiler is unsatisfactory. 528

Section 20. Subsection (5) of

section 120.54, Florida 529 Statutes, is amended to read: 530 120.54 Rulemaking.— 531

(5) UNIFORM RULES.— 532 (a)1. The division By July 1, 1997, the Administration 533 Commission shall adopt one or more sets of uniform rules of 534 procedure which shall be reviewed by the committee and filed 535 with the Department of State. Agencies must comply with the 536 uniform rules by July 1, 1998. The uniform rules shall establish 537 procedures that comply with the requirements of this chapter. On 538 filing with the department, the uniform rules shall be the rules 539 of procedure for each agency subject to this

chapter unless the 540 division Administration Commission grants an exception to the 541 agency under this subsection. 542 2. An agency may seek exceptions to the uniform rules of 543 procedure by filing a petition with the division. The division 544 Administration Commission.

The Administration Commission shall 545 approve exceptions to the extent necessary to implement other 546 statutes, to the extent necessary to conform to any requirement 547 imposed as a condition precedent to receipt of federal funds or 548 to permit persons in this state to receive tax benefits under 549 federal law, or as required for the most efficient operation of 550 the agency as determined by the division Administration 551

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 20 of 133 CODING: Words stricken are deletions; words underlined are additions. Commission. The reasons for the exceptions shall be published in 552 the Florida Administrative Register. 553 3. Agency rules that provide exceptions to the uniform 554 rules shall not be filed with the department unless the division 555 Administration Commission has approved the exceptions. Each 556 agency that adopts rules that provide exceptions to the uniform 557 rules shall publish a separate

chapter in the Florida 558 Administrative Code that delineates clearly the provisions of 559 the agency’s rules that provide exceptions to the uniform rules 560 and specifies each alternative chosen from among those 561 authorized by the uniform rules. Each

chapter shall be organized 562 in the same manner as the uniform rules. 563 (

b) The uniform rules of procedure adopted by the division 564 commission pursuant to this subsection shall include, but are 565 not limited to: 566 1. Uniform rules for the scheduling of public meetings, 567 hearings, and workshops. 568 2. Uniform rules for use by each state agency that provide 569 procedures for conducting public meetings, hearings, and 570 workshops, and for taking evidence, testimony, and argument at 571 such public meetings, hearings, and workshops, in person and by 572 means of communications media technology.

The rules shall 573 provide that all evidence, testimony, and argument presented 574 shall be afforded equal consideration, regardless of the method 575 of communication. If a public meeting, hearing, or workshop is 576 to be conducted by means of communications media technology, or 577 if attendance may be provided by such means, the notice shall so 578 state. The notice for public meetings, hearings, and workshops 579 utilizing communications media technology shall state how 580

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 21 of 133 CODING: Words stricken are deletions; words underlined are additions. persons interested in attending may do so and shall name 581 locations, if any, where communications media technology 582 facilities will be available. Nothing in this paragraph shall be 583 construed to diminish the right to inspect public records under 584

chapter 119.

Limiting points of access to public meetings, 585 hearings, and workshops subject to the provisions of s. 286.011 586 to places not normally open to the public shall be presumed to 587 violate the right of access of the public, and any official 588 action taken under such circumstances is void and of no effect. 589 Other laws relating to public meetings, hearings, and workshops, 590 including penal and remedial provisions, shall apply to public 591 meetings, hearings, and workshops conducted by means of 592 communications media technology, and shall be liberally 593 construed in their application to such public meetings, 594 hearings, and workshops.

As used in this subparagraph, 595 “communications media technology” means the electronic 596 transmission of printed matter, audio, full-motion video, 597 freeze-frame video, compressed video, and digital video by any 598 method available. 599 3. Uniform rules of procedure for the filing of notice of 600 protests and formal written protests. The division 601 Administration Commission may prescribe the form and substantive 602 provisions of a required bond. 603 4.

Uniform rules of procedure for the filing of petitions 604 for administrative hearings pursuant to s. 120.569 or s. 120.57. 605 Such rules shall require the petition to include: 606 a. The identification of the petitioner, including the 607 petitioner’s e-mail address, if any, for the transmittal of 608 subsequent documents by electronic means. 609

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 22 of 133 CODING: Words stricken are deletions; words underlined are additions. b. A statement of when and how the petitioner received 610 notice of the agency’s action or proposed action. 611 c. An explanation of how the petitioner’s substantial 612 interests are or will be affected by the action or proposed 613 action. 614 d. A statement of all material facts disputed by the 615 petitioner or a statement that there are no disputed facts. 616 e.

A statement of the ultimate facts alleged, including a 617 statement of the specific facts the petitioner contends warrant 618 reversal or modification of the agency’s proposed action. 619 f. A statement of the specific rules or statutes that the 620 petitioner contends require reversal or modification of the 621 agency’s proposed action, including an explanation of how the 622 alleged facts relate to the specific rules or statutes. 623 g. A statement of the relief sought by the petitioner, 624 stating precisely the action petitioner wishes the agency to 625 take with respect to the proposed action. 626 5.

Uniform rules for the filing of request for 627 administrative hearing by a respondent in agency enforcement and 628 disciplinary actions. Such rules shall require a request to 629 include: 630 a. The name, address, e-mail address, and telephone number 631 of the party making the request and the name, address, and 632 telephone number of the party’s counsel or qualified 633 representative upon whom service of pleadings and other papers 634 shall be made; 635 b.

A statement that the respondent is requesting an 636 administrative hearing and disputes the material facts alleged 637 by the petitioner, in which case the respondent shall identify 638

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 23 of 133 CODING: Words stricken are deletions; words underlined are additions. those material facts that are in dispute, or that the respondent 639 is requesting an administrative hearing and does not dispute the 640 material facts alleged by the petitioner; and 641 c.

A reference by file number to the administrative 642 complaint that the party has received from the agency and the 643 date on which the agency pleading was received. 644 645 The agency may provide an election-of-rights form for the 646 respondent’s use in requesting a hearing, so long as any form 647 provided by the agency calls for the information in sub-648 subparagraphs a. through c. and does not impose any additional 649 requirements on a respondent in order to request a hearing, 650 unless such requirements are specifically authorized by law. 651 6.

Uniform rules of procedure for the filing and prompt 652 disposition of petitions for declaratory statements. The rules 653 shall also describe the contents of the notices that must be 654 published in the Florida Administrative Register under s. 655 120.565, including any applicable time limit for the filing of 656 petitions to intervene or petitions for administrative hearing 657 by persons whose substantial interests may be affected. 658 7. Provision of a method by which each agency head shall 659 provide a description of the agency’s organization and general 660 course of its operations.

The rules shall require that the 661 statement concerning the agency’s organization and operations be 662 published on the agency’s website. 663 8. Uniform rules establishing procedures for granting or 664 denying petitions for variances and waivers pursuant to s. 665 120.542. 666

Section 21. Subsection (3) of

section 120.542, Florida 667

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 24 of 133 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 668 120.542 Variances and waivers.— 669

(3) The division Governor and Cabinet, sitting as the 670 Administration Commission, shall adopt uniform rules of 671 procedure pursuant to the requirements of s. 120.54(5) 672 establishing procedures for granting or denying petitions for 673 variances and waivers. The uniform rules shall include 674 procedures for the granting, denying, or revoking of emergency 675 and temporary variances and waivers. Such provisions may provide 676 for expedited timeframes, waiver of or limited public notice, 677 and limitations on comments on the petition in the case of such 678 temporary or emergency variances and waivers. 679

Section

Section 120.63, Florida Statutes, is amended to 680 read: 681 120.63 Exemption from act.— 682

(1) Upon application of any agency, the Department of 683 Management Services Administration Commission may exempt any 684 process or proceeding governed by this act from one or more 685 requirements of this act: 686 (

a) When the agency head has certified that the requirement 687 would conflict with any provision of federal law or rules with 688 which the agency must comply; 689 (

b) In order to permit persons in the state to receive tax 690 benefits or federal funds under any federal law; or 691 (

c) When the Department of Management Services commission 692 has found that conformity with the requirements of the part or 693 parts of this act for which exemption is sought would be so 694 inconvenient or impractical as to defeat the purpose of the 695 agency proceeding involved or the purpose of this act and would 696

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 25 of 133 CODING: Words stricken are deletions; words underlined are additions. not be in the public interest in light of the nature of the 697 intended action and the enabling act or other laws affecting the 698 agency. 699

(2) The Department of Management Services commission may 700 not exempt an agency from any requirement of this act pursuant 701 to this

section until it establishes alternative procedures to 702 achieve the agency’s purpose which shall be consistent, insofar 703 as possible, with the intent and purpose of the act. 704 (

a) Prior to the granting of any exemption authorized by 705 this section, the Department of Management Services commission 706 shall hold a public hearing after notice given as provided in s. 707 120.525.

Upon the conclusion of the hearing, the Department of 708 Management Services commission, through the Executive Office of 709 the Governor, shall issue an order specifically granting or 710 denying the exemption and specifying any processes or 711 proceedings exempted and the extent of the exemption; transmit 712 to the committee and to the Department of State a copy of the 713 petition, a certified copy of the order granting or denying the 714 petition, and a copy of any alternative procedures prescribed; 715 and give notice of the petition and the Department of Management 716 Services’ commission’s response in the Florida Administrative 717 Register. 718 (

b) An exemption and any alternative procedure prescribed 719 shall terminate 90 days following adjournment sine die of the 720 then-current or next regular legislative session after issuance 721 of the exemption order, or upon the effective date of any 722 subsequent legislation incorporating the exemption or any 723 partial exemption related thereto, whichever is earlier. The 724 exemption granted by the Department of Management Services 725

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 26 of 133 CODING: Words stricken are deletions; words underlined are additions. commission shall be renewable upon the same or similar facts not 726 more than once. Such renewal shall terminate as would an 727 original exemption. 728

Section 23. Subsections (1), (2), and (8) of

section 729 120.65, Florida Statutes, are amended to read: 730 120.65 Administrative law judges.— 731

(1) The Division of Administrative Hearings within the 732 Department of Management Services shall be headed by a director 733 who shall be appointed by the Governor. The Supreme Court 734 Judicial Nominating Commission shall recommend to the Governor 735 three qualified candidates for the director position. The 736 Governor may reject the nominations and request the submission 737 of three new nominees. The Governor shall appoint a director 738 from among the recommendations Administration Commission and 739 confirmed by the Senate.

The director, who shall also serve as 740 the chief administrative law judge, and any deputy chief 741 administrative law judge must possess the same minimum 742 qualifications as the administrative law judges employed by the 743 division. The Deputy Chief Judge of Compensation Claims must 744 possess the minimum qualifications established in s. 440.45(2) 745 and shall report to the director. The division shall be a 746 separate budget entity, and the director shall be its agency 747 head for all purposes.

The Department of Management Services 748 shall provide administrative support and service to the division 749 to the extent requested by the director. The division shall not 750 be subject to control, supervision, or direction by the 751 Department of Management Services in any manner, including, but 752 not limited to, personnel, purchasing, transactions involving 753 real or personal property, and budgetary matters. 754

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 28 of 133 CODING: Words stricken are deletions; words underlined are additions. 120.80 Exceptions and special requirements; agencies.— 784

(1) DIVISION OF ADMINISTRATIVE HEARINGS.— 785 (

a) Division as a party.—Notwithstanding s. 120.57(1)(a), a 786 hearing in which the division is a party may not be conducted by 787 an administrative law judge assigned by the division. An 788 attorney assigned by the Department of Management Services 789 Administration Commission shall be the hearing officer. 790

(5) LAND USE AND PLANNING FLORIDA LAND AND WATER 791 ADJUDICATORY COMMISSION.—Notwithstanding the provisions of s. 792 120.57(1)(a), When the division Florida Land and Water 793 Adjudicatory Commission receives a notice of appeal pursuant to 794 s. 380.07, the division the commission shall notify the 795 Department of Economic Opportunity and the Department of 796 Environmental Protection division within 60 days after receipt 797 of the notice of appeal if the commission elects to request the 798 assignment of an administrative law judge. 799

Section 25. Subsection (4) of

section 161.55, Florida 800 Statutes, is amended to read: 801 161.55 Requirements for activities or construction within 802 the coastal building zone.—The following requirements shall 803 apply beginning March 1, 1986, to construction within the 804 coastal building zone and shall be minimum standards for 805 construction in this area: 806

(4) APPLICATION TO COASTAL BARRIER ISLANDS.—All 807 requirements of this part which are applicable to the coastal 808 building zone shall also apply to coastal barrier islands. The 809 coastal building zone on coastal barrier islands shall be the 810 land area from the seasonal high-water line to a line 5,000 feet 811 landward from the coastal construction control line established 812

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 29 of 133 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 161.053, or the entire island, whichever is less. 813 For coastal barrier islands on which a coastal construction 814 control line has not been established pursuant to s. 161.053, 815 the coastal building zone shall be the land area seaward of the 816 most landward velocity zone (V-zone) boundary line fronting upon 817 the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of 818 Florida.

All land area in the Florida Keys located within Monroe 819 County shall be included in the coastal building zone. The 820 coastal building zone on any coastal barrier island between 821 Sebastian Inlet and Fort Pierce Inlet may be reduced in size 822 upon approval of the department Land and Water Adjudicatory 823 Commission, if it determines that the local government with 824 jurisdiction has provided adequate protection for the barrier 825 island. In no case, however, shall the coastal building zone be 826 reduced to an area less than a line 2,500 feet landward of the 827 coastal construction control line.

The department Land and Water 828 Adjudicatory Commission shall withdraw its approval for a 829 reduced coastal building zone if it determines that 6 months 830 after a local government comprehensive plan is due for 831 submission to the state land planning agency pursuant to s. 832 163.3167 the local government with jurisdiction has not adopted 833 a coastal management element which is in compliance with s. 834 163.3178. 835

Section 26. Subsection (2) and present subsection (45) of 836

section 163.3164, Florida Statutes, are amended to read: 837 163.3164 Community Planning Act;

definitions.—As used in 838 this act: 839 (2) “Administration Commission” means the Governor and the 840 Cabinet, and for purposes of this

chapter the commission shall 841

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 30 of 133 CODING: Words stricken are deletions; words underlined are additions. act on a simple majority vote, except that for purposes of 842 imposing the sanctions provided in s. 163.3184(8), affirmative 843 action shall require the approval of the Governor and at least 844 three other members of the commission. 845 (44)(45) “Structure” has the same meaning as in s. 846 380.031(18) s. 380.031(19). 847

Section 27. Paragraph (

f) of subsection (1) and paragraph 848 (

a) of subsection (6) of

section 163.3177, Florida Statutes, are 849 amended to read: 850 163.3177 Required and optional elements of comprehensive 851 plan; studies and surveys.— 852

(1) The comprehensive plan shall provide the principles, 853 guidelines, standards, and strategies for the orderly and 854 balanced future economic, social, physical, environmental, and 855 fiscal development of the area that reflects community 856 commitments to implement the plan and its elements. These 857 principles and strategies shall guide future decisions in a 858 consistent manner and shall contain programs and activities to 859 ensure comprehensive plans are implemented.

The sections of the 860 comprehensive plan containing the principles and strategies, 861 generally provided as goals, objectives, and policies, shall 862 describe how the local government’s programs, activities, and 863 land development regulations will be initiated, modified, or 864 continued to implement the comprehensive plan in a consistent 865 manner. It is not the intent of this part to require the 866 inclusion of implementing regulations in the comprehensive plan 867 but rather to require identification of those programs, 868 activities, and land development regulations that will be

part 869 of the strategy for implementing the comprehensive plan and the 870

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 31 of 133 CODING: Words stricken are deletions; words underlined are additions. principles that describe how the programs, activities, and land 871 development regulations will be carried out. The plan shall 872 establish meaningful and predictable standards for the use and 873 development of land and provide meaningful guidelines for the 874 content of more detailed land development and use regulations. 875 (

f) All mandatory and optional elements of the 876 comprehensive plan and plan amendments shall be based upon 877 relevant and appropriate data and an analysis by the local 878 government that may include, but not be limited to, surveys, 879 studies, community goals and vision, and other data available at 880 the time of adoption of the comprehensive plan or plan 881 amendment. To be based on data means to react to it in an 882 appropriate way and to the extent necessary indicated by the 883 data available on that particular subject at the time of 884 adoption of the plan or plan amendment at issue. 885 1.

Surveys, studies, and data utilized in the preparation 886 of the comprehensive plan may not be deemed a part of the 887 comprehensive plan unless adopted as a part of it. Copies of 888 such studies, surveys, data, and supporting documents for 889 proposed plans and plan amendments shall be made available for 890 public inspection, and copies of such plans shall be made 891 available to the public upon payment of reasonable charges for 892 reproduction. Support data or summaries are not subject to the 893 compliance review process, but the comprehensive plan must be 894 clearly based on appropriate data.

Support data or summaries may 895 be used to aid in the determination of compliance and 896 consistency. 897 2. Data must be taken from professionally accepted sources. 898 The application of a methodology utilized in data collection or 899

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 32 of 133 CODING: Words stricken are deletions; words underlined are additions. whether a particular methodology is professionally accepted may 900 be evaluated. However, the evaluation may not include whether 901 one accepted methodology is better than another. Original data 902 collection by local governments is not required. However, local 903 governments may use original data so long as methodologies are 904 professionally accepted. 905 3.

The comprehensive plan shall be based upon permanent and 906 seasonal population estimates and projections, which shall 907 either be those published by the Office of Economic and 908 Demographic Research or generated by the local government based 909 upon a professionally acceptable methodology.

The plan must be 910 based on at least the minimum amount of land required to 911 accommodate the medium projections as published by the Office of 912 Economic and Demographic Research for at least a 10-year 913 planning period unless otherwise limited under s. 380.05, 914 including related rules of the Administration Commission.

Absent 915 physical limitations on population growth, population 916 projections for each municipality, and the unincorporated area 917 within a county must, at a minimum, be reflective of each area’s 918 proportional share of the total county population and the total 919 county population growth. 920

(6) In addition to the requirements of subsections (1)-(5), 921 the comprehensive plan shall include the following elements: 922 (

a) A future land use plan element designating proposed 923 future general distribution, location, and extent of the uses of 924 land for residential uses, commercial uses, industry, 925 agriculture, recreation, conservation, education, public 926 facilities, and other categories of the public and private uses 927 of land. The approximate acreage and the general range of 928

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 33 of 133 CODING: Words stricken are deletions; words underlined are additions. density or intensity of use shall be provided for the gross land 929 area included in each existing land use category. The element 930 shall establish the long-term end toward which land use programs 931 and activities are ultimately directed. 932 1. Each future land use category must be defined in terms 933 of uses included, and must include standards to be followed in 934 the control and distribution of population densities and 935 building and structure intensities.

The proposed distribution, 936 location, and extent of the various categories of land use shall 937 be shown on a land use map or map series which shall be 938 supplemented by goals, policies, and measurable objectives. 939 2. The future land use plan and plan amendments shall be 940 based upon surveys, studies, and data regarding the area, as 941 applicable, including: 942 a. The amount of land required to accommodate anticipated 943 growth. 944 b. The projected permanent and seasonal population of the 945 area. 946 c. The character of undeveloped land. 947 d.

The availability of water supplies, public facilities, 948 and services. 949 e. The need for redevelopment, including the renewal of 950 blighted areas and the elimination of nonconforming uses which 951 are inconsistent with the character of the community. 952 f. The compatibility of uses on lands adjacent to or 953 closely proximate to military installations. 954 g. The compatibility of uses on lands adjacent to an 955 airport as defined in s. 330.35 and consistent with s. 333.02. 956 h. The discouragement of urban sprawl. 957

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 34 of 133 CODING: Words stricken are deletions; words underlined are additions. i. The need for job creation, capital investment, and 958 economic development that will strengthen and diversify the 959 community’s economy. 960 j. The need to modify land uses and development patterns 961 within antiquated subdivisions. 962 3. The future land use plan element shall include criteria 963 to be used to: 964 a.

Achieve the compatibility of lands adjacent or closely 965 proximate to military installations, considering factors 966 identified in s. 163.3175(5). 967 b. Achieve the compatibility of lands adjacent to an 968 airport as defined in s. 330.35 and consistent with s. 333.02. 969 c. Encourage preservation of recreational and commercial 970 working waterfronts for water-dependent uses in coastal 971 communities. 972 d. Encourage the location of schools proximate to urban 973 residential areas to the extent possible. 974 e.

Coordinate future land uses with the topography and soil 975 conditions, and the availability of facilities and services. 976 f. Ensure the protection of natural and historic resources. 977 g. Provide for the compatibility of adjacent land uses. 978 h. Provide guidelines for the implementation of mixed-use 979 development including the types of uses allowed, the percentage 980 distribution among the mix of uses, or other standards, and the 981 density and intensity of each use. 982 4.

The amount of land designated for future planned uses 983 shall provide a balance of uses that foster vibrant, viable 984 communities and economic development opportunities and address 985 outdated development patterns, such as antiquated subdivisions. 986

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 35 of 133 CODING: Words stricken are deletions; words underlined are additions. The amount of land designated for future land uses should allow 987 the operation of real estate markets to provide adequate choices 988 for permanent and seasonal residents and business and may not be 989 limited solely by the projected population.

The element shall 990 accommodate at least the minimum amount of land required to 991 accommodate the medium projections as published by the Office of 992 Economic and Demographic Research for at least a 10-year 993 planning period unless otherwise limited under s. 380.05, 994 including related rules of the Administration Commission. 995 5. The future land use plan of a county may designate areas 996 for possible future municipal incorporation. 997 6.

The land use maps or map series shall generally identify 998 and depict historic district boundaries and shall designate 999 historically significant properties meriting protection. 1000 7. The future land use element must clearly identify the 1001 land use categories in which public schools are an allowable 1002 use.

When delineating the land use categories in which public 1003 schools are an allowable use, a local government shall include 1004 in the categories sufficient land proximate to residential 1005 development to meet the projected needs for schools in 1006 coordination with public school boards and may establish 1007 differing criteria for schools of different type or size. Each 1008 local government shall include lands contiguous to existing 1009 school sites, to the maximum extent possible, within the land 1010 use categories in which public schools are an allowable use. 1011 8.

Future land use map amendments shall be based upon the 1012 following analyses: 1013 a. An analysis of the availability of facilities and 1014 services. 1015

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 36 of 133 CODING: Words stricken are deletions; words underlined are additions. b. An analysis of the suitability of the plan amendment for 1016 its proposed use considering the character of the undeveloped 1017 land, soils, topography, natural resources, and historic 1018 resources on site. 1019 c. An analysis of the minimum amount of land needed to 1020 achieve the goals and requirements of this section. 1021 9.

The future land use element and any amendment to the 1022 future land use element shall discourage the proliferation of 1023 urban sprawl. 1024 a. The primary indicators that a plan or plan amendment 1025 does not discourage the proliferation of urban sprawl are listed 1026 below. The evaluation of the presence of these indicators shall 1027 consist of an analysis of the plan or plan amendment within the 1028 context of features and characteristics unique to each locality 1029 in order to determine whether the plan or plan amendment: 1030 (

I) Promotes, allows, or designates for development 1031 substantial areas of the jurisdiction to develop as low-1032 intensity, low-density, or single-use development or uses. 1033 (II) Promotes, allows, or designates significant amounts of 1034 urban development to occur in rural areas at substantial 1035 distances from existing urban areas while not using undeveloped 1036 lands that are available and suitable for development. 1037 (III) Promotes, allows, or designates urban development in 1038 radial, strip, isolated, or ribbon patterns generally emanating 1039 from existing urban developments. 1040 (IV) Fails to adequately protect and conserve natural 1041 resources, such as wetlands, floodplains, native vegetation, 1042 environmentally sensitive areas, natural groundwater aquifer 1043 recharge areas, lakes, rivers, shorelines, beaches, bays, 1044

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 37 of 133 CODING: Words stricken are deletions; words underlined are additions. estuarine systems, and other significant natural systems. 1045 (

V) Fails to adequately protect adjacent agricultural areas 1046 and activities, including silviculture, active agricultural and 1047 silvicultural activities, passive agricultural activities, and 1048 dormant, unique, and prime farmlands and soils. 1049 (VI) Fails to maximize use of existing public facilities 1050 and services. 1051 (VII) Fails to maximize use of future public facilities and 1052 services. 1053 (VIII) Allows for land use patterns or timing which 1054 disproportionately increase the cost in time, money, and energy 1055 of providing and maintaining facilities and services, including 1056 roads, potable water, sanitary sewer, stormwater management, law 1057 enforcement, education, health care, fire and emergency 1058 response, and general government. 1059 (IX) Fails to provide a clear separation between rural and 1060 urban uses. 1061 (

X) Discourages or inhibits infill development or the 1062 redevelopment of existing neighborhoods and communities. 1063 (XI) Fails to encourage a functional mix of uses. 1064 (XII) Results in poor accessibility among linked or related 1065 land uses. 1066 (XIII) Results in the loss of significant amounts of 1067 functional open space. 1068 b. The future land use element or plan amendment shall be 1069 determined to discourage the proliferation of urban sprawl if it 1070 incorporates a development pattern or urban form that achieves 1071 four or more of the following: 1072 (

I) Directs or locates economic growth and associated land 1073

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 38 of 133 CODING: Words stricken are deletions; words underlined are additions. development to geographic areas of the community in a manner 1074 that does not have an adverse impact on and protects natural 1075 resources and ecosystems. 1076 (II) Promotes the efficient and cost-effective provision or 1077 extension of public infrastructure and services. 1078 (III) Promotes walkable and connected communities and 1079 provides for compact development and a mix of uses at densities 1080 and intensities that will support a range of housing choices and 1081 a multimodal transportation system, including pedestrian, 1082 bicycle, and transit, if available. 1083 (IV) Promotes conservation of water and energy. 1084 (

V) Preserves agricultural areas and activities, including 1085 silviculture, and dormant, unique, and prime farmlands and 1086 soils. 1087 (VI) Preserves open space and natural lands and provides 1088 for public open space and recreation needs. 1089 (VII) Creates a balance of land uses based upon demands of 1090 the residential population for the nonresidential needs of an 1091 area. 1092 (VIII) Provides uses, densities, and intensities of use and 1093 urban form that would remediate an existing or planned 1094 development pattern in the vicinity that constitutes sprawl or 1095 if it provides for an innovative development pattern such as 1096 transit-oriented developments or new towns as defined in s. 1097 163.3164. 1098 10.

The future land use element shall include a future land 1099 use map or map series. 1100 a. The proposed distribution, extent, and location of the 1101 following uses shall be shown on the future land use map or map 1102

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 39 of 133 CODING: Words stricken are deletions; words underlined are additions. series: 1103 (

I) Residential. 1104 (II) Commercial. 1105 (III) Industrial. 1106 (IV) Agricultural. 1107 (

V) Recreational. 1108 (VI) Conservation. 1109 (VII) Educational. 1110 (VIII) Public. 1111 b. The following areas shall also be shown on the future 1112 land use map or map series, if applicable: 1113 (

I) Historic district boundaries and designated 1114 historically significant properties. 1115 (II) Transportation concurrency management area boundaries 1116 or transportation concurrency exception area boundaries. 1117 (III) Multimodal transportation district boundaries. 1118 (IV) Mixed-use categories. 1119 c. The following natural resources or conditions shall be 1120 shown on the future land use map or map series, if applicable: 1121 (

I) Existing and planned public potable waterwells, cones 1122 of influence, and wellhead protection areas. 1123 (II) Beaches and shores, including estuarine systems. 1124 (III) Rivers, bays, lakes, floodplains, and harbors. 1125 (IV) Wetlands. 1126 (

V) Minerals and soils. 1127 (VI) Coastal high hazard areas. 1128

Section 28. Paragraph (

c) of subsection (3), paragraph (e) 1129 of subsection (4), paragraph (

d) of subsection (5), paragraph 1130 (

d) of subsection (7), and subsection (8) of

section 163.3184, 1131

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 40 of 133 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, are amended to read: 1132 163.3184 Process for adoption of comprehensive plan or plan 1133 amendment.— 1134

(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 1135 COMPREHENSIVE PLAN AMENDMENTS.— 1136 (c)1. The local government shall hold its second public 1137 hearing, which shall be a hearing on whether to adopt one or 1138 more comprehensive plan amendments pursuant to subsection (11). 1139 If the local government fails, within 180 days after receipt of 1140 agency comments, to hold the second public hearing, the 1141 amendments shall be deemed withdrawn unless extended by 1142 agreement with notice to the state land planning agency and any 1143 affected person that provided comments on the amendment.

The 1144 180-day limitation does not apply to amendments processed 1145 pursuant to s. 380.06. 1146 2. All comprehensive plan amendments adopted by the 1147 governing body, along with the supporting data and analysis, 1148 shall be transmitted within 10 working days after the second 1149 public hearing to the state land planning agency and any other 1150 agency or local government that provided timely comments under 1151 subparagraph (b)2. 1152 3. The state land planning agency shall notify the local 1153 government of any deficiencies within 5 working days after 1154 receipt of an amendment package.

For purposes of completeness, 1155 an amendment shall be deemed complete if it contains a full, 1156 executed copy of the adoption ordinance or ordinances; in the 1157 case of a text amendment, a full copy of the amended language in 1158 legislative format with new words inserted in the text 1159 underlined, and words deleted stricken with hyphens; in the case 1160

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 41 of 133 CODING: Words stricken are deletions; words underlined are additions. of a future land use map amendment, a copy of the future land 1161 use map clearly depicting the parcel, its existing future land 1162 use designation, and its adopted designation; and a copy of any 1163 data and analyses the local government deems appropriate. 1164 4. An amendment adopted under this paragraph does not 1165 become effective until 31 days after the state land planning 1166 agency notifies the local government that the plan amendment 1167 package is complete.

If timely challenged, an amendment does not 1168 become effective until the state land planning agency or the 1169 Administration Commission enters a final order determining the 1170 adopted amendment to be in compliance. 1171

(4) STATE COORDINATED REVIEW PROCESS.— 1172 (

e) Local government review of comments; adoption of plan 1173 or amendments and transmittal.— 1174 1. The local government shall review the report submitted 1175 to it by the state land planning agency, if any, and written 1176 comments submitted to it by any other person, agency, or 1177 government. The local government, upon receipt of the report 1178 from the state land planning agency, shall hold its second 1179 public hearing, which shall be a hearing to determine whether to 1180 adopt the comprehensive plan or one or more comprehensive plan 1181 amendments pursuant to subsection (11).

If the local government 1182 fails to hold the second hearing within 180 days after receipt 1183 of the state land planning agency’s report, the amendments shall 1184 be deemed withdrawn unless extended by agreement with notice to 1185 the state land planning agency and any affected person that 1186 provided comments on the amendment. The 180-day limitation does 1187 not apply to amendments processed pursuant to s. 380.06. 1188 2. All comprehensive plan amendments adopted by the 1189

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 42 of 133 CODING: Words stricken are deletions; words underlined are additions. governing body, along with the supporting data and analysis, 1190 shall be transmitted within 10 working days after the second 1191 public hearing to the state land planning agency and any other 1192 agency or local government that provided timely comments under 1193 paragraph (c). 1194 3. The state land planning agency shall notify the local 1195 government of any deficiencies within 5 working days after 1196 receipt of a plan or plan amendment package.

For purposes of 1197 completeness, a plan or plan amendment shall be deemed complete 1198 if it contains a full, executed copy of the adoption ordinance 1199 or ordinances; in the case of a text amendment, a full copy of 1200 the amended language in legislative format with new words 1201 inserted in the text underlined, and words deleted stricken with 1202 hyphens; in the case of a future land use map amendment, a copy 1203 of the future land use map clearly depicting the parcel, its 1204 existing future land use designation, and its adopted 1205 designation; and a copy of any data and analyses the local 1206 government deems appropriate. 1207 4.

After the state land planning agency makes a 1208 determination of completeness regarding the adopted plan or plan 1209 amendment, the state land planning agency shall have 45 days to 1210 determine if the plan or plan amendment is in compliance with 1211 this act.

Unless the plan or plan amendment is substantially 1212 changed from the one commented on, the state land planning 1213 agency’s compliance determination shall be limited to objections 1214 raised in the objections, recommendations, and comments report. 1215 During the period provided for in this subparagraph, the state 1216 land planning agency shall issue, through a senior administrator 1217 or the secretary, a notice of intent to find that the plan or 1218

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 43 of 133 CODING: Words stricken are deletions; words underlined are additions. plan amendment is in compliance or not in compliance. The state 1219 land planning agency shall post a copy of the notice of intent 1220 on the agency’s Internet website. Publication by the state land 1221 planning agency of the notice of intent on the state land 1222 planning agency’s Internet site shall be prima facie evidence of 1223 compliance with the publication requirements of this 1224 subparagraph. 1225 5.

A plan or plan amendment adopted under the state 1226 coordinated review process shall go into effect pursuant to the 1227 state land planning agency’s notice of intent. If timely 1228 challenged, an amendment does not become effective until the 1229 state land planning agency or the Administration Commission 1230 enters a final order determining the adopted amendment to be in 1231 compliance. 1232

(5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 1233 AMENDMENTS.— 1234 (

d) If the administrative law judge recommends that the 1235 amendment be found not in compliance, The administrative law 1236 judge shall submit the recommended order to the Department of 1237 Economic Opportunity Administration Commission for final agency 1238 action. The Department of Economic Opportunity Administration 1239 Commission shall make every effort to enter a final order 1240 expeditiously, but at a minimum within the time period provided 1241 by s. 120.569. 1242

(7) MEDIATION AND EXPEDITIOUS RESOLUTION.— 1243 (

d) For a case following the procedures under this 1244 subsection, absent written consent of the parties or a showing 1245 of extraordinary circumstances, if the administrative law judge 1246 recommends that the amendment be found not in compliance, the 1247

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 44 of 133 CODING: Words stricken are deletions; words underlined are additions. Department of Economic Opportunity Administration Commission 1248 shall issue a final order within 45 days after issuance of the 1249 recommended order. If the administrative law judge recommends 1250 that the amendment be found in compliance, the state land 1251 planning agency shall issue a final order within 45 days after 1252 issuance of the recommended order. If the state land planning 1253 agency fails to timely issue a final order, the recommended 1254 order finding the amendment to be in compliance immediately 1255 becomes the final order. 1256

(8) DEPARTMENT OF ECONOMIC OPPORTUNITY ADMINISTRATION 1257 COMMISSION.— 1258 (

a) If the Department of Economic Opportunity 1259 Administration Commission, upon a hearing pursuant to subsection 1260 (5), finds that the comprehensive plan or plan amendment is not 1261 in compliance with this act, the department commission shall 1262 specify remedial actions that would bring the comprehensive plan 1263 or plan amendment into compliance. 1264 (

b) The Department of Economic Opportunity commission may 1265 specify the sanctions provided in subparagraphs 1. and 2. to 1266 which the local government will be subject if it elects to make 1267 the amendment effective notwithstanding the determination of 1268 noncompliance. 1269 1. The department commission may direct state agencies not 1270 to provide funds to increase the capacity of roads, bridges, or 1271 water and sewer systems within the boundaries of those local 1272 governmental entities which have comprehensive plans or plan 1273 elements that are determined not to be in compliance.

The 1274 department’s commission order may also specify that the local 1275 government is not eligible for grants administered under the 1276

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 45 of 133 CODING: Words stricken are deletions; words underlined are additions. following programs: 1277 a. The Florida Small Cities Community Development Block 1278 Grant Program, as authorized by ss. 290.0401-290.048. 1279 b. The Florida Recreation Development Assistance Program, 1280 as authorized by

chapter 375. 1281 c. Revenue sharing pursuant to ss. 206.60, 210.20, and 1282 218.61 and

chapter 212, to the extent not pledged to pay back 1283 bonds. 1284 2. If the local government is one which is required to 1285 include a coastal management element in its comprehensive plan 1286 pursuant to s. 163.3177(6)(g), the department’s commission order 1287 may also specify that the local government is not eligible for 1288 funding pursuant to s. 161.091.

The department’s commission 1289 order may also specify that the fact that the coastal management 1290 element has been determined to be not in compliance shall be a 1291 consideration when the department considers permits under s. 1292 161.053 and when the Board of Trustees of the Internal 1293 Improvement Trust Fund considers whether to sell, convey any 1294 interest in, or lease any sovereignty lands or submerged lands 1295 until the element is brought into compliance. 1296 3.

The sanctions provided by subparagraphs 1. and 2. do not 1297 apply to a local government regarding any plan amendment, except 1298 for plan amendments that amend plans that have not been finally 1299 determined to be in compliance with this part, and except as 1300 provided in this paragraph. 1301

Section 29. Paragraph (

c) of subsection (1) and paragraphs 1302 (

b) and (

c) of subsection (5) of

section 163.3187, Florida 1303 Statutes, are amended to read: 1304 163.3187 Process for adoption of small-scale comprehensive 1305

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 46 of 133 CODING: Words stricken are deletions; words underlined are additions. plan amendment.— 1306

(1) A small scale development amendment may be adopted 1307 under the following conditions: 1308 (

c) The property that is the subject of the proposed 1309 amendment is not located within an area of critical state 1310 concern, unless the project subject to the proposed amendment 1311 involves the construction of affordable housing units meeting 1312 the criteria of s. 420.0004(3), and is located within an area of 1313 critical state concern designated by s. 380.0552 or by the 1314 Administration Commission pursuant to s. 380.05(1). 1315 (5) 1316 (b)1.

If the administrative law judge recommends that the 1317 small scale development amendment be found not in compliance, 1318 The administrative law judge shall submit the recommended order 1319 to the Department of Economic Opportunity Administration 1320 Commission for final agency action. If the administrative law 1321 judge recommends that the small scale development amendment be 1322 found in compliance, the administrative law judge shall submit 1323 the recommended order to the state land planning agency. 1324 2.

If the state land planning agency determines that the 1325 plan amendment is not in compliance, the agency shall submit, 1326 within 30 days following its receipt, the recommended order to 1327 the Administration Commission for final agency action. If the 1328 state land planning agency determines that the plan amendment is 1329 in compliance, the agency shall enter a final order within 30 1330 days following its receipt of the recommended order. 1331 (

c) Small scale development amendments may not become 1332 effective until 31 days after adoption. If challenged within 30 1333 days after adoption, small scale development amendments may not 1334

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 47 of 133 CODING: Words stricken are deletions; words underlined are additions. become effective until the department state land planning agency 1335 or the Administration Commission, respectively, issues a final 1336 order determining that the adopted small scale development 1337 amendment is in compliance. 1338

Section 30. Subsection (6) of

section 163.3213, Florida 1339 Statutes, is amended to read: 1340 163.3213 Administrative review of land development 1341 regulations.— 1342

(6) If the administrative law judge in his or her order 1343 finds the land development regulation to be inconsistent with 1344 the local comprehensive plan, the order will be submitted to the 1345 Department of Economic Opportunity Administration Commission. An 1346 appeal pursuant to s. 120.68 may not be taken until the 1347 Department of Economic Opportunity makes a final determination 1348 of the recommended order Administration Commission acts pursuant 1349 to this subsection.

The Department of Economic Opportunity shall 1350 make a final determination Administration Commission shall hold 1351 a hearing no earlier than 30 days or later than 60 days after 1352 the administrative law judge renders his or her final order. The 1353 sole issue before the Department of Economic Opportunity 1354 Administration Commission shall be the extent to which any of 1355 the sanctions described in s. 163.3184(8)(

a) or (b)1. or 2. 1356 shall be applicable to the local government whose land 1357 development regulation has been found to be inconsistent with 1358 its comprehensive plan. If a land development regulation is not 1359 challenged within 12 months, it shall be deemed to be consistent 1360 with the adopted local plan. 1361

Section 31. Paragraph (

e) of subsection (3) of

section 1362 163.3245, Florida Statutes, is amended to read: 1363

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 48 of 133 CODING: Words stricken are deletions; words underlined are additions. 163.3245 Sector plans.— 1364

(3) Sector planning encompasses two levels: adoption 1365 pursuant to s. 163.3184 of a long-term master plan for the 1366 entire planning area as part of the comprehensive plan, and 1367 adoption by local development order of two or more detailed 1368 specific area plans that implement the long-term master plan and 1369 within which s. 380.06 is waived. 1370 (

e) Whenever a local government issues a development order 1371 approving a detailed specific area plan, a copy of such order 1372 shall be rendered to the state land planning agency and the 1373 owner or developer of the property affected by such order, as 1374 prescribed by rules of the state land planning agency for a 1375 development order for a development of regional impact.

Within 1376 45 days after the order is rendered, the owner, the developer, 1377 or the state land planning agency may appeal the order to the 1378 Division of Administrative Hearings Florida Land and Water 1379 Adjudicatory Commission by filing a petition alleging that the 1380 detailed specific area plan is not consistent with the 1381 comprehensive plan or with the long-term master plan adopted 1382 pursuant to this section. The appellant shall furnish a copy of 1383 the petition to the opposing party, as the case may be, and to 1384 the local government that issued the order.

The filing of the 1385 petition stays the effectiveness of the order until after 1386 completion of the appeal process. However, if a development 1387 order approving a detailed specific area plan has been 1388 challenged by an aggrieved or adversely affected party in a 1389 judicial proceeding pursuant to s. 163.3215, and a party to such 1390 proceeding serves notice to the state land planning agency, the 1391 state land planning agency shall dismiss its appeal to the 1392

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 49 of 133 CODING: Words stricken are deletions; words underlined are additions. division commission and shall have the right to intervene in the 1393 pending judicial proceeding pursuant to s. 163.3215. Proceedings 1394 for administrative review of an order approving a detailed 1395 specific area plan shall be conducted consistent with s. 1396 380.07(5). The division commission shall issue a decision 1397 granting or denying permission to develop pursuant to the long-1398 term master plan and the standards of this part and may attach 1399 conditions or restrictions to its decisions. 1400

Section 32. Subsections (1) and (2) of

section 186.008, 1401 Florida Statutes, are amended to read: 1402 186.008 State comprehensive plan; revision; 1403 implementation.— 1404

(1) On or before October 1 of every odd-numbered year, the 1405 Executive Office of the Governor shall prepare, and the Governor 1406 shall recommend to the Department of Economic Opportunity 1407 Administration Commission, any proposed revisions to the state 1408 comprehensive plan deemed necessary. The Governor shall transmit 1409 his or her recommendations and explanation as required by s. 1410 186.007(8). Copies shall also be provided to each state agency, 1411 to each regional planning agency, to any other unit of 1412 government that requests a copy, and to any member of the public 1413 who requests a copy. 1414

(2) On or before December 15 of every odd-numbered year, 1415 the Department of Economic Opportunity Administration Commission 1416 shall review the proposed revisions to the state comprehensive 1417 plan prepared by the Governor. The department commission shall 1418 provide adopt a resolution, after public notice and a reasonable 1419 opportunity for public comment, and transmit the proposed 1420 revisions to the state comprehensive plan to the Legislature, 1421

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 50 of 133 CODING: Words stricken are deletions; words underlined are additions. together with any amendments approved by the department 1422 commission and any dissenting reports. The department commission 1423 shall identify those portions of the plan that are not based on 1424 existing law. 1425

Section

Section 186.515, Florida Statutes, is amended 1426 to read: 1427 186.515 Creation of regional planning councils under 1428

chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and this 1429

section is intended to repeal or limit the provisions of

chapter 1430 163; however, the local general-purpose governments serving as 1431 voting members of the governing body of a regional planning 1432 council created pursuant to ss. 186.501-186.507, 186.513, and 1433 this

section are not authorized to create a regional planning 1434 council pursuant to

chapter 163 unless an agency, other than a 1435 regional planning council created pursuant to ss. 186.501-1436 186.507, 186.513, and this section, is designated to exercise 1437 the powers and duties in any one or more of ss. 163.3164 and 1438 380.031(14) ss. 163.3164 and 380.031(15); in which case, such a 1439 regional planning council is also without authority to exercise 1440 the powers and duties in s. 163.3164 or s. 380.031(14) s. 1441 380.031(15). 1442

Section 34. Subsection (1) and paragraphs (

e) and (

f) of 1443 subsection (2) of

section 190.005, Florida Statutes, are amended 1444 to read: 1445 190.005 Establishment of district.— 1446

(1) The exclusive and uniform method for the establishment 1447 of a community development district with a size of 2,500 acres 1448 or more shall be pursuant to a rule, adopted under

chapter 120 1449 by the Department of Economic Opportunity Florida Land and Water 1450

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 51 of 133 CODING: Words stricken are deletions; words underlined are additions. Adjudicatory Commission, granting a petition for the 1451 establishment of a community development district. 1452 (

a) A petition for the establishment of a community 1453 development district shall be filed by the petitioner with the 1454 Department of Economic Opportunity Florida Land and Water 1455 Adjudicatory Commission. The petition shall contain: 1456 1. A metes and bounds description of the external 1457 boundaries of the district. Any real property within the 1458 external boundaries of the district which is to be excluded from 1459 the district shall be specifically described, and the last known 1460 address of all owners of such real property shall be listed.

The 1461 petition shall also address the impact of the proposed district 1462 on any real property within the external boundaries of the 1463 district which is to be excluded from the district. 1464 2.

The written consent to the establishment of the district 1465 by all landowners whose real property is to be included in the 1466 district or documentation demonstrating that the petitioner has 1467 control by deed, trust agreement, contract, or option of 100 1468 percent of the real property to be included in the district, and 1469 when real property to be included in the district is owned by a 1470 governmental entity and subject to a ground lease as described 1471 in s. 190.003(14), the written consent by such governmental 1472 entity. 1473 3.

A designation of five persons to be the initial members 1474 of the board of supervisors, who shall serve in that office 1475 until replaced by elected members as provided in s. 190.006. 1476 4. The proposed name of the district. 1477 5. A map of the proposed district showing current major 1478 trunk water mains and sewer interceptors and outfalls if in 1479

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 52 of 133 CODING: Words stricken are deletions; words underlined are additions. existence. 1480 6. Based upon available data, the proposed timetable for 1481 construction of the district services and the estimated cost of 1482 constructing the proposed services. These estimates shall be 1483 submitted in good faith but are not binding and may be subject 1484 to change. 1485 7.

A designation of the future general distribution, 1486 location, and extent of public and private uses of land proposed 1487 for the area within the district by the future land use plan 1488 element of the effective local government comprehensive plan of 1489 which all mandatory elements have been adopted by the applicable 1490 general-purpose local government in compliance with the 1491 Community Planning Act. 1492 8. A statement of estimated regulatory costs in accordance 1493 with the requirements of s. 120.541. 1494 (

b) Prior to filing the petition, the petitioner shall: 1495 1. Pay a filing fee of $15,000 to the county, if located 1496 within an unincorporated area, or to the municipality, if 1497 located within an incorporated area, and to each municipality 1498 the boundaries of which are contiguous with, or contain all or a 1499 portion of the land within, the external boundaries of the 1500 district. 1501 2.

Submit a copy of the petition to the county, if located 1502 within an unincorporated area, or to the municipality, if 1503 located within an incorporated area, and to each municipality 1504 the boundaries of which are contiguous with, or contain all or a 1505 portion of, the land within the external boundaries of the 1506 district. 1507 3. If land to be included within a district is located 1508

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 53 of 133 CODING: Words stricken are deletions; words underlined are additions. partially within the unincorporated area of one or more counties 1509 and partially within a municipality or within two or more 1510 municipalities, pay a $15,000 filing fee to each entity. 1511 Districts established across county boundaries shall be required 1512 to maintain records, hold meetings and hearings, and publish 1513 notices only in the county where the majority of the acreage 1514 within the district lies. 1515 (

c) Such county and each such municipality required by law 1516 to receive a petition may conduct a public hearing to consider 1517 the relationship of the petition to the factors specified in 1518 paragraph (e). The public hearing shall be concluded within 45 1519 days after the date the petition is filed unless an extension of 1520 time is requested by the petitioner and granted by the county or 1521 municipality.

The county or municipality holding such public 1522 hearing may by resolution express its support of, or objection 1523 to the granting of, the petition by the Department of Economic 1524 Opportunity Florida Land and Water Adjudicatory Commission. A 1525 resolution must base any objection to the granting of the 1526 petition upon the factors specified in paragraph (e).

Such 1527 county or municipality may present its resolution of support or 1528 objection at the Department of Economic Opportunity Florida Land 1529 and Water Adjudicatory Commission hearing and shall be afforded 1530 an opportunity to present relevant information in support of its 1531 resolution. 1532 (

d) A local public hearing on the petition shall be 1533 conducted by a hearing officer in conformance with the 1534 applicable requirements and procedures of the Administrative 1535 Procedure Act. The hearing shall include oral and written 1536 comments on the petition pertinent to the factors specified in 1537

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 54 of 133 CODING: Words stricken are deletions; words underlined are additions. paragraph (e). The hearing shall be held at an accessible 1538 location in the county in which the community development 1539 district is to be located. The petitioner shall cause a notice 1540 of the hearing to be published in a newspaper at least once a 1541 week for the 4 successive weeks immediately prior to the 1542 hearing.

Such notice shall give the time and place for the 1543 hearing, a description of the area to be included in the 1544 district, which description shall include a map showing clearly 1545 the area to be covered by the district, and any other relevant 1546 information which the establishing governing bodies may require. 1547 The advertisement shall not be placed in that portion of the 1548 newspaper where legal notices and classified advertisements 1549 appear.

The advertisement shall be published in a newspaper of 1550 general paid circulation in the county and of general interest 1551 and readership in the community, not one of limited subject 1552 matter, pursuant to

chapter 50. Whenever possible, the 1553 advertisement shall appear in a newspaper that is published at 1554 least 5 days a week, unless the only newspaper in the community 1555 is published fewer than 5 days a week. In addition to being 1556 published in the newspaper, the map referenced above must be 1557 part of the online advertisement required pursuant to s. 1558 50.0211. All affected units of general-purpose local government 1559 and the general public shall be given an opportunity to appear 1560 at the hearing and present oral or written comments on the 1561 petition. 1562 (

e) The Department of Economic Opportunity Florida Land and 1563 Water Adjudicatory Commission shall consider the entire record 1564 of the local hearing, the transcript of the hearing, resolutions 1565 adopted by local general-purpose governments as provided in 1566

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 55 of 133 CODING: Words stricken are deletions; words underlined are additions. paragraph (c), and the following factors and make a 1567 determination to grant or deny a petition for the establishment 1568 of a community development district: 1569 1. Whether all statements contained within the petition 1570 have been found to be true and correct. 1571 2.

Whether the establishment of the district is 1572 inconsistent with any applicable element or portion of the state 1573 comprehensive plan or of the effective local government 1574 comprehensive plan. 1575 3. Whether the area of land within the proposed district is 1576 of sufficient size, is sufficiently compact, and is sufficiently 1577 contiguous to be developable as one functional interrelated 1578 community. 1579 4. Whether the district is the best alternative available 1580 for delivering community development services and facilities to 1581 the area that will be served by the district. 1582 5.

Whether the community development services and 1583 facilities of the district will be incompatible with the 1584 capacity and uses of existing local and regional community 1585 development services and facilities. 1586 6. Whether the area that will be served by the district is 1587 amenable to separate special-district government. 1588 (

f) The Department of Economic Opportunity Florida Land and 1589 Water Adjudicatory Commission shall not adopt any rule which 1590 would expand, modify, or delete any provision of the uniform 1591 community development district charter as set forth in ss. 1592 190.006-190.041, except as provided in s. 190.012. A rule 1593 establishing a community development district shall only contain 1594 the following: 1595

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 56 of 133 CODING: Words stricken are deletions; words underlined are additions. 1. A metes and bounds description of the external 1596 boundaries of the district and any real property within the 1597 external boundaries of the district which is to be excluded. 1598 2. The names of five persons designated to be the initial 1599 members of the board of supervisors. 1600 3. The name of the district. 1601 (

g) The Department of Economic Opportunity Florida Land and 1602 Water Adjudicatory Commission may adopt rules setting forth its 1603 procedures for considering petitions to establish, expand, 1604 modify, or delete uniform community development districts or 1605 portions thereof consistent with the provisions of this section. 1606

(2) The exclusive and uniform method for the establishment 1607 of a community development district of less than 2,500 acres in 1608 size or a community development district of up to 7,000 acres in 1609 size located within a connected-city corridor established 1610 pursuant to s. 163.3246(13) shall be pursuant to an ordinance 1611 adopted by the county commission of the county having 1612 jurisdiction over the majority of land in the area in which the 1613 district is to be located granting a petition for the 1614 establishment of a community development district as follows: 1615 (

e) If all of the land in the area for the proposed 1616 district is within the territorial jurisdiction of a municipal 1617 corporation, then the petition requesting establishment of a 1618 community development district under this act shall be filed by 1619 the petitioner with that particular municipal corporation. In 1620 such event, the duties of the county, hereinabove described, in 1621 action upon the petition shall be the duties of the municipal 1622 corporation. If any of the land area of a proposed district is 1623 within the land area of a municipality, the county commission 1624

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 57 of 133 CODING: Words stricken are deletions; words underlined are additions. may not create the district without municipal approval. If all 1625 of the land in the area for the proposed district, even if less 1626 than 2,500 acres, is within the territorial jurisdiction of two 1627 or more municipalities or two or more counties, except for 1628 proposed districts within a connected-city corridor established 1629 pursuant to s. 163.3246(13), the petition shall be filed with 1630 the Department of Economic Opportunity Florida Land and Water 1631 Adjudicatory Commission and proceed in accordance with 1632 subsection (1). 1633 (

f) Notwithstanding any other provision of this subsection, 1634 within 90 days after a petition for the establishment of a 1635 community development district has been filed pursuant to this 1636 subsection, the governing body of the county or municipal 1637 corporation may transfer the petition to the Department of 1638 Economic Opportunity Florida Land and Water Adjudicatory 1639 Commission, which shall make the determination to grant or deny 1640 the petition as provided in subsection (1).

A county or 1641 municipal corporation shall have no right or power to grant or 1642 deny a petition that has been transferred to the Department of 1643 Economic Opportunity Florida Land and Water Adjudicatory 1644 Commission. 1645

Section 35. Paragraph (

d) of subsection (1) and subsection 1646 (10) of

section 190.046, Florida Statutes, are amended to read: 1647 190.046 Termination, contraction, or expansion of 1648 district.— 1649

(1) A landowner or the board may petition to contract or 1650 expand the boundaries of a community development district in the 1651 following manner: 1652 (d)1. For those districts initially established by 1653

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 58 of 133 CODING: Words stricken are deletions; words underlined are additions. administrative rule pursuant to s. 190.005(1), the petition 1654 shall be filed with the Department of Economic Opportunity 1655 Florida Land and Water Adjudicatory Commission. 1656 2.

Prior to filing the petition, the petitioner shall pay a 1657 filing fee of $1,500, to the county if the district or the land 1658 to be added or deleted from the district is located within an 1659 unincorporated area or to the municipality if the district or 1660 the land to be added or deleted is located within an 1661 incorporated area, and to each municipality the boundaries of 1662 which are contiguous with or contain all or a portion of the 1663 land within or to be added to or deleted from the external 1664 boundaries of the district.

The petitioner shall submit a copy 1665 of the petition to the same entities entitled to receive the 1666 filing fee. In addition, if the district is not the petitioner, 1667 the petitioner shall file the petition with the district board 1668 of supervisors. 1669 3. Each county and each municipality shall have the option 1670 of holding a public hearing as provided by s. 190.005(1)(c). 1671 However, the public hearing shall be limited to consideration of 1672 the contents of the petition and whether the petition for 1673 amendment should be supported by the county or municipality. 1674 4.

The district board of supervisors shall, in lieu of a 1675 hearing officer, hold the local public hearing provided for by 1676 s. 190.005(1)(d). This local public hearing shall be noticed in 1677 the same manner as provided in s. 190.005(1)(d). Within 45 days 1678 of the conclusion of the hearing, the district board of 1679 supervisors shall transmit to the Department of Economic 1680 Opportunity Florida Land and Water Adjudicatory Commission the 1681 full record of the local hearing, the transcript of the hearing, 1682

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 59 of 133 CODING: Words stricken are deletions; words underlined are additions. any resolutions adopted by the local general-purpose 1683 governments, and its recommendation whether to grant the 1684 petition for amendment. The department commission shall then 1685 proceed in accordance with s. 190.005(1)(e). 1686 5. A rule amending a district boundary shall describe the 1687 land to be added or deleted. 1688

(10) If a district has no outstanding financial obligations 1689 and no operating or maintenance responsibilities, upon the 1690 petition of the district, the district may be dissolved by a 1691 nonemergency ordinance of the general-purpose local governmental 1692 entity that established the district or, if the district was 1693 established by rule of the Department of Economic Opportunity 1694 Florida Land and Water Adjudicatory Commission, the district may 1695 be dissolved by repeal of such rule of the department 1696 commission. 1697

Section 36. Paragraph (

b) of subsection (1) of

section 1698 195.087, Florida Statutes, is amended to read: 1699 195.087 Property appraisers and tax collectors to submit 1700 budgets to Department of Revenue.— 1701 (1) 1702 (

b) The Division of Administrative Hearings Governor and 1703 Cabinet, sitting as the Administration Commission, may hear 1704 appeals from the final action of the department upon a written 1705 request being filed by the property appraiser or the presiding 1706 officer of the county commission no later than 15 days after the 1707 conclusion of the hearing held pursuant to s. 200.065(2)(d). The 1708 filing of an appeal does not relieve the county commission of 1709 its obligation to fund the department-approved final budget 1710 during the pendency of the appeal. The Department of Management 1711

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 60 of 133 CODING: Words stricken are deletions; words underlined are additions. Services Administration Commission may amend the budget if it 1712 finds that any aspect of the budget is unreasonable in light of 1713 the workload of the office of the property appraiser in the 1714 county under review.

The budget request as approved by the 1715 department and as amended by the Department of Management 1716 Services commission shall become the operating budget of the 1717 property appraiser for the ensuing fiscal year beginning October 1718 1, except that the budget so approved may subsequently be 1719 amended under the same procedure. After final approval, the 1720 property appraiser shall make no transfer of funds between 1721 accounts without the written approval of the department. 1722 However, all moneys received by property appraisers in complying 1723 with

chapter 119 shall be accounted for in the same manner as 1724 provided for in s. 218.36, for moneys received as county fees 1725 and commissions, and any such moneys may be used and expended in 1726 the same manner and to the same extent as funds budgeted for the 1727 office and no budget amendment shall be required. 1728

Section 37. Subsection (2) of

section 206.27, Florida 1729 Statutes, is amended to read: 1730 206.27 Records and files as public records.— 1731

(2) This

section does not require Nothing herein shall be 1732 construed as requiring the department to provide as a public 1733 record any information concerning audits in progress or those 1734 records and files of the department described in this

section 1735 which are currently the subject of pending investigation by the 1736 Department of Revenue or the Florida Department of Law 1737 Enforcement. It is specifically provided that the foregoing 1738 information shall be exempt from the provisions of s. 119.07(1) 1739 and shall be considered confidential pursuant to s. 213.053; 1740

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 61 of 133 CODING: Words stricken are deletions; words underlined are additions. however, the department may make available to the secretary 1741 executive director of the Department of Highway Safety and Motor 1742 Vehicles or his or her designee, exclusively for official 1743 purposes in administering

chapter 207, any information 1744 concerning any audit in progress, and the provisions of s. 1745 213.053(8) requiring a written agreement and maintenance of 1746 confidentiality by the recipient, and the penalty for breach of 1747 confidentiality, shall apply if the department makes such 1748 information available. An Any officer, employee, or former 1749 officer or employee of the department who divulges any such 1750 information in any manner except for such official purposes or 1751 under s. 213.053 commits is guilty of a misdemeanor of the first 1752 degree, punishable as provided in s. 775.082 or s. 775.083. 1753

Section 38. Paragraph (

a) of subsection (2) of

section 1754 207.021, Florida Statutes, is amended to read: 1755 207.021 Informal conferences; settlement or compromise of 1756 taxes, penalties, or interest.— 1757 (2)(

a) The secretary executive director or his or her 1758 designee may enter into a closing agreement with a taxpayer 1759 settling or compromising the taxpayer’s liability for any tax, 1760 interest, or penalty assessed under this chapter. Each agreement 1761 must be in writing, in the form of a closing agreement approved 1762 by the department, and signed by the secretary executive 1763 director or his or her designee. The agreement is final and 1764 conclusive, except upon a showing of material fraud or 1765 misrepresentation of material fact.

The department may not make 1766 an additional assessment against the taxpayer for the tax, 1767 interest, or penalty specified in the closing agreement for the 1768 time specified in the closing agreement, and the taxpayer may 1769

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 62 of 133 CODING: Words stricken are deletions; words underlined are additions. not institute a judicial or administrative proceeding to recover 1770 any tax, interest, or penalty paid pursuant to the closing 1771 agreement. The secretary executive director of the department or 1772 his or her designee may approve the closing agreement. 1773

Section 39. Paragraph (

d) of subsection (2) of

section 1774 212.055, Florida Statutes, is amended to read: 1775 212.055 Discretionary sales surtaxes; legislative intent; 1776 authorization and use of proceeds.—It is the legislative intent 1777 that any authorization for imposition of a discretionary sales 1778 surtax shall be published in the Florida Statutes as a 1779 subsection of this section, irrespective of the duration of the 1780 levy.

Each enactment shall specify the types of counties 1781 authorized to levy; the rate or rates which may be imposed; the 1782 maximum length of time the surtax may be imposed, if any; the 1783 procedure which must be followed to secure voter approval, if 1784 required; the purpose for which the proceeds may be expended; 1785 and such other requirements as the Legislature may provide. 1786 Taxable transactions and administrative procedures shall be as 1787 provided in s. 212.054. 1788

(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— 1789 (

d) The proceeds of the surtax authorized by this 1790 subsection and any accrued interest shall be expended by the 1791 school district, within the county and municipalities within the 1792 county, or, in the case of a negotiated joint county agreement, 1793 within another county, to finance, plan, and construct 1794 infrastructure; to acquire any interest in land for public 1795 recreation, conservation, or protection of natural resources or 1796 to prevent or satisfy private property rights claims resulting 1797 from limitations imposed by the designation of an area of 1798

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 63 of 133 CODING: Words stricken are deletions; words underlined are additions. critical state concern; to provide loans, grants, or rebates to 1799 residential or commercial property owners who make energy 1800 efficiency improvements to their residential or commercial 1801 property, if a local government ordinance authorizing such use 1802 is approved by referendum; or to finance the closure of county-1803 owned or municipally owned solid waste landfills that have been 1804 closed or are required to be closed by order of the Department 1805 of Environmental Protection.

Any use of the proceeds or interest 1806 for purposes of landfill closure before July 1, 1993, is 1807 ratified.

The proceeds and any interest may not be used for the 1808 operational expenses of infrastructure, except that a county 1809 that has a population of fewer than 75,000 and that is required 1810 to close a landfill may use the proceeds or interest for long-1811 term maintenance costs associated with landfill closure. 1812 Counties, as defined in s. 125.011, and charter counties may, in 1813 addition, use the proceeds or interest to retire or service 1814 indebtedness incurred for bonds issued before July 1, 1987, for 1815 infrastructure purposes, and for bonds subsequently issued to 1816 refund such bonds.

Any use of the proceeds or interest for 1817 purposes of retiring or servicing indebtedness incurred for 1818 refunding bonds before July 1, 1999, is ratified. 1819 1. For the purposes of this paragraph, the term 1820 “infrastructure” means: 1821 a.

Any fixed capital expenditure or fixed capital outlay 1822 associated with the construction, reconstruction, or improvement 1823 of public facilities that have a life expectancy of 5 or more 1824 years, any related land acquisition, land improvement, design, 1825 and engineering costs, and all other professional and related 1826 costs required to bring the public facilities into service. For 1827

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 64 of 133 CODING: Words stricken are deletions; words underlined are additions. purposes of this sub-subparagraph, the term “public facilities” 1828 means facilities as defined in s. 163.3164(38) s. 163.3164(39), 1829 s. 163.3221(13), or s. 189.012(5), and includes facilities that 1830 are necessary to carry out governmental purposes, including, but 1831 not limited to, fire stations, general governmental office 1832 buildings, and animal shelters, regardless of whether the 1833 facilities are owned by the local taxing authority or another 1834 governmental entity. 1835 b.

A fire department vehicle, an emergency medical service 1836 vehicle, a sheriff’s office vehicle, a police department 1837 vehicle, or any other vehicle, and the equipment necessary to 1838 outfit the vehicle for its official use or equipment that has a 1839 life expectancy of at least 5 years. 1840 c. Any expenditure for the construction, lease, or 1841 maintenance of, or provision of utilities or security for, 1842 facilities, as defined in s. 29.008. 1843 d.

Any fixed capital expenditure or fixed capital outlay 1844 associated with the improvement of private facilities that have 1845 a life expectancy of 5 or more years and that the owner agrees 1846 to make available for use on a temporary basis as needed by a 1847 local government as a public emergency shelter or a staging area 1848 for emergency response equipment during an emergency officially 1849 declared by the state or by the local government under s. 1850 252.38. Such improvements are limited to those necessary to 1851 comply with current standards for public emergency evacuation 1852 shelters.

The owner must enter into a written contract with the 1853 local government providing the improvement funding to make the 1854 private facility available to the public for purposes of 1855 emergency shelter at no cost to the local government for a 1856

Florida Senate - 2020 SB 1758 4-01460B-20 20201758__ Page 65 of 133 CODING: Words stricken are deletions; words underlined are additions. minimum of 10 years after completion of the improvement, with 1857 the provision that the obligation will transfer to any 1858 subsequent owner until the end of the minimum period. 1859 e.

Any land acquisition expenditure for a residential 1860 housing project in which at least 30 percent of the units are 1861 affordable to individuals or families whose total annual 1862 household income does not exceed 120 percent of the area median 1863 income adjusted for household size, if the land is owned by a 1864 local government or by a special district that enters into a 1865 written agreement with the local government to p