272.12  Florida Capitol Center Planning District.--

(1)  There is hereby created the Florida Capitol Center Planning District, which may be referred to in this chapter as "Capitol Center" or "district." The district shall extend to and include all lands within the following boundaries of the City of Tallahassee: Commence at the northwest corner of Lot 293 of the Old Plan of the City of Tallahassee as recorded in the office of the Clerk of the Circuit Court, Leon County, Florida; thence east along the south right-of-way line of West College Avenue and East College Avenue to its intersection with the west right-of-way line of Franklin Boulevard; thence south along said right-of-way line of Franklin Boulevard to its intersection with the south right-of-way line of East Jefferson Street; thence east along said right-of-way line of East Jefferson Street and the east prolongation of East Jefferson Street to its intersection with the west right-of-way line of the Seaboard Coastline Railroad; thence southerly and westerly along said Seaboard Coastline Railroad right-of-way line to a point of intersection with the south prolongation of the east right-of-way line of South Martin Luther King, Jr. Boulevard; thence north along said south prolongation of the east right-of-way line of South Martin Luther King, Jr. Boulevard and along the east right-of-way line of South Martin Luther King, Jr. Boulevard to the point of beginning.

(2)(a)  There is hereby created within the Department of Management Services a Capitol Center Planning Commission to be composed of seven persons, hereinafter referred to as the "planning commission." Membership on the planning commission shall be as follows: Four private citizens who have distinguished themselves in planning, architecture, zoning, or such other fields as would promote the intent of this act shall be appointed by the Governor; two members shall be appointed by the City Commission of the City of Tallahassee; and one member shall be appointed by the Board of County Commissioners of Leon County. All members shall be appointed for 4-year staggered terms. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(b)  No commission member shall hold any other state or local office during his or her tenure on the commission. All membership appointments made by the Governor shall be subject to confirmation by the Senate.

(c)  Each commission member is accountable to the Governor for the proper performance of the duties of his or her office. The Governor shall cause to be investigated any complaint or unfavorable report received concerning an action of the commission or any member and shall take appropriate action thereon. The Governor may remove from office any member for malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or pleading guilty or nolo contendere to or being found guilty of a felony.

(3)(a)  The commission shall thereafter meet upon call of the chair, who shall be designated by the Governor from among the membership, and elect a secretary. Meetings of the commission shall be upon call of the chair or at the request of a majority of the membership, and such meetings shall not be less frequent than semiannually.

(b)  The commission shall obtain such professional, expert, clerical, or other assistance from the Department of Management Services as may be required to carry out the purposes of this act.

(c)  Members of the commission shall be entitled to receive compensation for per diem and travel expended in the furtherance of their duties as provided in s. 112.061.

(4)  The planning commission shall have the following powers and duties:

(a)  To be the sole planning and zoning authority within the district, exercising such powers consistent therewith according to rules and regulations adopted by the commission. However, any zoning regulation adopted by the planning commission which alters, modifies, or changes any existing rights-of-way or easements shall require the concurrence of the City Commission of the City of Tallahassee and the Leon County Commission. In pursuance of such authority, the commission shall adopt a planning and zoning regulation for development within the district which may, among other things, regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and open spaces; the density of population; and the location and use of buildings, structures, and land within the district for all purposes.

(b)  To approve and coordinate additions to existing buildings as well as the location and construction of new buildings within the Capitol Center.

(c)  To develop appropriate landscaping and architectural style as well as a long-range plan for traffic flow and control in and through the Capitol Center.

(d)  Periodically to recommend to the Legislature any changes necessary in the designation of the Capitol Center Planning District itself.

(5)  Upon the adoption by the planning commission of a plan for development within the district or upon the adoption by the planning commission of an order to the City of Tallahassee and to Leon County, no building permit may be issued by the City of Tallahassee or Leon County for any development proposal within the district unless the development proposal is first certified by the Department of Management Services to comply with the provisions of this act. The commission shall adopt rules and regulations for the certification of development proposals by the Department of Management Services. The commission may retain the authority to approve each development proposal or it may delegate that authority to the Department of Management Services, provided the proposal is consistent with the overall plan for development of the district.

(6)(a)  All rules, regulations, and procedures of the commission shall be adopted in accordance with the Administrative Procedure Act, chapter 120.

(b)  All rules, regulations, ordinances, or orders of the City of Tallahassee or Leon County regulating development within the Capitol Center Planning District in effect at the time of the effective date of this act shall remain in effect until superseded by regulation or order of the planning commission.

(7)  The Department of Management Services is hereby authorized to purchase at fair market value any lands or buildings owned by the Department of Transportation within the Capitol Center. The Department of Management Services may use for this purpose any funds which are available to it at the time of the purchase.