Florida Senate - 2012                                    SB 1348
       
       
       
       By Senator Wise
       
       
       
       
       5-01290-12                                            20121348__
    1                        A bill to be entitled                      
    2         An act relating to coordination between schools and
    3         local governments; amending s. 1002.36, F.S.;
    4         authorizing the Board of Trustees of the Florida
    5         School for the Deaf and the Blind to exercise the
    6         power of eminent domain after receiving approval from
    7         the Administration Commission; requiring the board of
    8         trustees to provide student housing in compliance with
    9         specified law; amending s. 1013.33, F.S.; revising and
   10         deleting requirements for an interlocal agreement
   11         between a district school board and local governments
   12         to conform to related requirements in s. 163.31777,
   13         F.S.; amending s. 1013.35, F.S.; conforming cross
   14         references to changes made by the act; amending s.
   15         1013.351, F.S.; deleting a requirement that the
   16         Florida School for the Deaf and the Blind and the
   17         local government submit an interlocal agreement to the
   18         state land planning agency and the Office of
   19         Educational Facilities for review; providing for the
   20         vesting of the Florida School for the Deaf and the
   21         Blind facilities; requiring local government
   22         cooperation in the restoration of school facilities;
   23         requiring school facilities to comply with specified
   24         law; amending s. 1013.36, F.S.; conforming cross
   25         references to changes made by the act; providing an
   26         effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraphs (e) and (f) of subsection (4) of
   31  section 1002.36, Florida Statutes, are amended to read:
   32         1002.36 Florida School for the Deaf and the Blind.—
   33         (4) BOARD OF TRUSTEES.—
   34         (e) The board of trustees is invested with full power and
   35  authority to:
   36         1. Appoint a president, faculty, teachers, and other
   37  employees and remove the same as in its judgment may be best and
   38  fix their compensation.
   39         2. Procure professional services, such as medical, mental
   40  health, architectural, and engineering.
   41         3. Procure legal services without the prior written
   42  approval of the Attorney General.
   43         4. Determine eligibility of students and procedure for
   44  admission.
   45         5. Provide for the students of the school necessary
   46  bedding, clothing, food, and medical attendance and such other
   47  things as may be proper for the health and comfort of the
   48  students without cost to their parents, except that the board of
   49  trustees may set tuition and other fees for nonresidents.
   50         6. Provide for the proper keeping of accounts and records
   51  and for budgeting of funds.
   52         7. Enter into contracts.
   53         8. Sue and be sued.
   54         9. Secure public liability insurance.
   55         10. Do and perform every other matter or thing requisite to
   56  the proper management, maintenance, support, and control of the
   57  school at the highest efficiency economically possible, the
   58  board of trustees taking into consideration the purposes of the
   59  establishment.
   60         11. Receive gifts, donations, and bequests of money or
   61  property, real or personal, tangible or intangible, from any
   62  person, firm, corporation, or other legal entity. However, the
   63  board of trustees may not obligate the state to any expenditure
   64  or policy that is not specifically authorized by law. If the
   65  bill of sale, will, trust indenture, deed, or other legal
   66  conveyance specifies terms and conditions concerning the use of
   67  such money or property, the board of trustees shall observe such
   68  terms and conditions.
   69         12. Deposit outside the State Treasury such moneys as are
   70  received as gifts, donations, or bequests and may disburse and
   71  expend such moneys, upon its own warrant, for the use and
   72  benefit of the Florida School for the Deaf and the Blind and its
   73  students, as the board of trustees deems to be in the best
   74  interest of the school and its students. Such money or property
   75  does shall not constitute and may not or be considered a part of
   76  any legislative appropriation.
   77         13. Sell or convey by bill of sale, deed, or other legal
   78  instrument any property, real or personal, received as a gift,
   79  donation, or bequest, upon such terms and conditions as the
   80  board of trustees deems to be in the best interest of the school
   81  and its students.
   82         14. Invest such moneys in securities enumerated under s.
   83  215.47(1), (2)(c), (3), (4), and (10), and in The Common Fund,
   84  an Investment Management Fund exclusively for nonprofit
   85  educational institutions.
   86         15. After receiving approval from the Administration
   87  Commission, exercise the power of eminent domain in the manner
   88  provided in chapter 73 or chapter 74.
   89         (f) The board of trustees shall:
   90         1. Prepare and submit legislative budget requests for
   91  operations and fixed capital outlay, in accordance with chapter
   92  216 and ss. 1011.56 and 1013.60, to the Department of Education
   93  for review and approval. The department must analyze the amount
   94  requested for fixed capital outlay to determine if the requested
   95  amount for fixed capital outlay request is consistent with the
   96  school’s campus master plan, educational plant survey, and
   97  facilities master plan. Projections of facility space needs may
   98  exceed the norm space and occupant design criteria established
   99  in the State Requirements for Educational Facilities.
  100         2. Approve and administer an annual operating budget in
  101  accordance with ss. 1011.56 and 1011.57.
  102         3. Require all funds received other than gifts, donations,
  103  bequests, funds raised by or belonging to student clubs or
  104  student organizations, and funds held for specific students or
  105  in accounts for individual students to be deposited in the State
  106  Treasury and expended as authorized in the General
  107  Appropriations Act.
  108         4. Require all purchases to be in accordance with the
  109  provisions of chapter 287 except for purchases made with funds
  110  received as gifts, donations, or bequests; funds raised by or
  111  belonging to student clubs or student organizations; or funds
  112  held for specific students or in accounts for individual
  113  students.
  114         5. Administer and maintain personnel programs for all
  115  employees of the board of trustees and the Florida School for
  116  the Deaf and the Blind who shall be state employees, including
  117  the personnel classification and pay plan established in
  118  accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
  119  academic and academic administrative personnel, the provisions
  120  of chapter 110, and the provisions of law that grant authority
  121  to the Department of Management Services over such programs for
  122  state employees.
  123         6. Give preference in appointment and retention in
  124  positions of employment as provided within s. 295.07(1).
  125         7. Ensure that the Florida School for the Deaf and the
  126  Blind complies with s. 1013.351 concerning the coordination of
  127  planning between the Florida School for the Deaf and the Blind
  128  and local governing bodies.
  129         7.8.Comply Ensure that the Florida School for the Deaf and
  130  the Blind complies with s. 112.061 concerning per diem and
  131  travel expenses of public officers, employees, and authorized
  132  persons with respect to all funds other than funds received as
  133  gifts, donations, or bequests; funds raised by or belonging to
  134  student clubs or student organizations; or funds held for
  135  specific students or in accounts for individual students.
  136         8.9. Adopt a master plan which specifies the mission and
  137  objectives of the Florida School for the Deaf and the Blind. The
  138  plan shall include, but not be limited to, procedures for
  139  systematically measuring the school’s progress toward meeting
  140  its objectives, analyzing changes in the student population, and
  141  modifying school programs and services to respond to such
  142  changes. The plan shall be for a period of 5 years and shall be
  143  reviewed for needed modifications every 2 years. The board of
  144  trustees shall submit the initial plan and subsequent
  145  modifications to the Speaker of the House of Representatives and
  146  the President of the Senate.
  147         9.10. Designate a portion of the school as “The Verle Allyn
  148  Pope Complex for the Deaf,” in tribute to the late Senator Verle
  149  Allyn Pope.
  150         10. Provide safe and appropriate housing for all
  151  residential students at the Florida School for the Deaf and the
  152  Blind, in compliance with the state Fair Housing Act, the
  153  federal Fair Housing Act, and the Americans with Disabilities
  154  Act of 1990.
  155         Section 2. Section 1013.33, Florida Statutes, is amended to
  156  read:
  157         1013.33 Coordination of planning with local governing
  158  bodies.—
  159         (1) It is the policy of this state to require the
  160  coordination of planning between boards and local governing
  161  bodies to ensure that plans for the construction and opening of
  162  public educational facilities are facilitated and coordinated in
  163  time and place with plans for residential development,
  164  concurrently with other necessary services. Such planning shall
  165  include the integration of the educational facilities plan and
  166  applicable policies and procedures of a board with the local
  167  comprehensive plan and land development regulations of local
  168  governments. The planning must include the consideration of
  169  allowing students to attend the school located nearest their
  170  homes when a new housing development is constructed near a
  171  county boundary and it is more feasible to transport the
  172  students a short distance to an existing facility in an adjacent
  173  county than to construct a new facility or transport students
  174  longer distances in their county of residence. The planning must
  175  also consider the effects of the location of public education
  176  facilities, including the feasibility of keeping central city
  177  facilities viable, in order to encourage central city
  178  redevelopment and the efficient use of infrastructure and to
  179  discourage uncontrolled urban sprawl. In addition, all parties
  180  to the planning process must consult with state and local road
  181  departments to assist in implementing the Safe Paths to Schools
  182  program administered by the Department of Transportation.
  183         (2)(a) The school board, county, and nonexempt
  184  municipalities located within the geographic area of a school
  185  district shall enter into an interlocal agreement according to
  186  s. 163.31777 which that jointly establishes the specific ways in
  187  which the plans and processes of the district school board and
  188  the local governments are to be coordinated. The interlocal
  189  agreements shall be submitted to the state land planning agency
  190  and the Office of Educational Facilities in accordance with a
  191  schedule published by the state land planning agency.
  192         (b) The schedule must establish staggered due dates for
  193  submission of interlocal agreements that are executed by both
  194  the local government and district school board, commencing on
  195  March 1, 2003, and concluding by December 1, 2004, and must set
  196  the same date for all governmental entities within a school
  197  district. However, if the county where the school district is
  198  located contains more than 20 municipalities, the state land
  199  planning agency may establish staggered due dates for the
  200  submission of interlocal agreements by these municipalities. The
  201  schedule must begin with those areas where both the number of
  202  districtwide capital-outlay full-time-equivalent students equals
  203  80 percent or more of the current year’s school capacity and the
  204  projected 5-year student growth rate is 1,000 or greater, or
  205  where the projected 5-year student growth rate is 10 percent or
  206  greater.
  207         (c) If the student population has declined over the 5-year
  208  period preceding the due date for submittal of an interlocal
  209  agreement by the local government and the district school board,
  210  the local government and district school board may petition the
  211  state land planning agency for a waiver of one or more of the
  212  requirements of subsection (3). The waiver must be granted if
  213  the procedures called for in subsection (3) are unnecessary
  214  because of the school district’s declining school age
  215  population, considering the district’s 5-year work program
  216  prepared pursuant to s. 1013.35. The state land planning agency
  217  may modify or revoke the waiver upon a finding that the
  218  conditions upon which the waiver was granted no longer exist.
  219  The district school board and local governments must submit an
  220  interlocal agreement within 1 year after notification by the
  221  state land planning agency that the conditions for a waiver no
  222  longer exist.
  223         (d) Interlocal agreements between local governments and
  224  district school boards adopted pursuant to s. 163.3177 before
  225  the effective date of subsections (2)-(7) must be updated and
  226  executed pursuant to the requirements of subsections (2)-(7), if
  227  necessary. Amendments to interlocal agreements adopted pursuant
  228  to subsections (2)-(7) must be submitted to the state land
  229  planning agency within 30 days after execution by the parties
  230  for review consistent with subsections (3) and (4). Local
  231  governments and the district school board in each school
  232  district are encouraged to adopt a single interlocal agreement
  233  in which all join as parties. The state land planning agency
  234  shall assemble and make available model interlocal agreements
  235  meeting the requirements of subsections (2)-(7) and shall notify
  236  local governments and, jointly with the Department of Education,
  237  the district school boards of the requirements of subsections
  238  (2)-(7), the dates for compliance, and the sanctions for
  239  noncompliance. The state land planning agency shall be available
  240  to informally review proposed interlocal agreements. If the
  241  state land planning agency has not received a proposed
  242  interlocal agreement for informal review, the state land
  243  planning agency shall, at least 60 days before the deadline for
  244  submission of the executed agreement, renotify the local
  245  government and the district school board of the upcoming
  246  deadline and the potential for sanctions.
  247         (3) At a minimum, the interlocal agreement must address
  248  interlocal agreement requirements in s. 163.31777 and, if
  249  applicable, s. 163.3180(6), and must address the following
  250  issues:
  251         (a) A process by which each local government and the
  252  district school board agree and base their plans on consistent
  253  projections of the amount, type, and distribution of population
  254  growth and student enrollment. The geographic distribution of
  255  jurisdiction-wide growth forecasts is a major objective of the
  256  process.
  257         (b) A process to coordinate and share information relating
  258  to existing and planned public school facilities, including
  259  school renovations and closures, and local government plans for
  260  development and redevelopment.
  261         (c) Participation by affected local governments with the
  262  district school board in the process of evaluating potential
  263  school closures, significant renovations to existing schools,
  264  and new school site selection before land acquisition. Local
  265  governments shall advise the district school board as to the
  266  consistency of the proposed closure, renovation, or new site
  267  with the local comprehensive plan, including appropriate
  268  circumstances and criteria under which a district school board
  269  may request an amendment to the comprehensive plan for school
  270  siting.
  271         (d) A process for determining the need for and timing of
  272  onsite and offsite improvements to support new construction,
  273  proposed expansion, or redevelopment of existing schools. The
  274  process shall address identification of the party or parties
  275  responsible for the improvements.
  276         (e) A process for the school board to inform the local
  277  government regarding the effect of comprehensive plan amendments
  278  on school capacity. The capacity reporting must be consistent
  279  with laws and rules regarding measurement of school facility
  280  capacity and must also identify how the district school board
  281  will meet the public school demand based on the facilities work
  282  program adopted pursuant to s. 1013.35.
  283         (f) Participation of the local governments in the
  284  preparation of the annual update to the school board’s 5-year
  285  district facilities work program and educational plant survey
  286  prepared pursuant to s. 1013.35.
  287         (g) A process for determining where and how joint use of
  288  either school board or local government facilities can be shared
  289  for mutual benefit and efficiency.
  290         (h) A procedure for the resolution of disputes between the
  291  district school board and local governments, which may include
  292  the dispute resolution processes contained in chapters 164 and
  293  186.
  294         (i) An oversight process, including an opportunity for
  295  public participation, for the implementation of the interlocal
  296  agreement.
  297         (4)(a) The Office of Educational Facilities shall submit
  298  any comments or concerns regarding the executed interlocal
  299  agreement to the state land planning agency within 30 days after
  300  receipt of the executed interlocal agreement. The state land
  301  planning agency shall review the executed interlocal agreement
  302  to determine whether it is consistent with the requirements of
  303  subsection (3), the adopted local government comprehensive plan,
  304  and other requirements of law. Within 60 days after receipt of
  305  an executed interlocal agreement, the state land planning agency
  306  shall publish a notice of intent in the Florida Administrative
  307  Weekly and shall post a copy of the notice on the agency’s
  308  Internet site. The notice of intent must state that the
  309  interlocal agreement is consistent or inconsistent with the
  310  requirements of subsection (3) and this subsection as
  311  appropriate.
  312         (b) The state land planning agency’s notice is subject to
  313  challenge under chapter 120; however, an affected person, as
  314  defined in s. 163.3184(1)(a), has standing to initiate the
  315  administrative proceeding, and this proceeding is the sole means
  316  available to challenge the consistency of an interlocal
  317  agreement required by this section with the criteria contained
  318  in subsection (3) and this subsection. In order to have
  319  standing, each person must have submitted oral or written
  320  comments, recommendations, or objections to the local government
  321  or the school board before the adoption of the interlocal
  322  agreement by the district school board and local government. The
  323  district school board and local governments are parties to any
  324  such proceeding. In this proceeding, when the state land
  325  planning agency finds the interlocal agreement to be consistent
  326  with the criteria in subsection (3) and this subsection, the
  327  interlocal agreement must be determined to be consistent with
  328  subsection (3) and this subsection if the local government’s and
  329  school board’s determination of consistency is fairly debatable.
  330  When the state land planning agency finds the interlocal
  331  agreement to be inconsistent with the requirements of subsection
  332  (3) and this subsection, the local government’s and school
  333  board’s determination of consistency shall be sustained unless
  334  it is shown by a preponderance of the evidence that the
  335  interlocal agreement is inconsistent.
  336         (c) If the state land planning agency enters a final order
  337  that finds that the interlocal agreement is inconsistent with
  338  the requirements of subsection (3) or this subsection, the state
  339  land planning agency shall forward it to the Administration
  340  Commission, which may impose sanctions against the local
  341  government pursuant to s. 163.3184(11) and may impose sanctions
  342  against the district school board by directing the Department of
  343  Education to withhold an equivalent amount of funds for school
  344  construction available pursuant to ss. 1013.65, 1013.68,
  345  1013.70, and 1013.72.
  346         (5) If an executed interlocal agreement is not timely
  347  submitted to the state land planning agency for review, the
  348  state land planning agency shall, within 15 working days after
  349  the deadline for submittal, issue to the local government and
  350  the district school board a notice to show cause why sanctions
  351  should not be imposed for failure to submit an executed
  352  interlocal agreement by the deadline established by the agency.
  353  The agency shall forward the notice and the responses to the
  354  Administration Commission, which may enter a final order citing
  355  the failure to comply and imposing sanctions against the local
  356  government and district school board by directing the
  357  appropriate agencies to withhold at least 5 percent of state
  358  funds pursuant to s. 163.3184(11) and by directing the
  359  Department of Education to withhold from the district school
  360  board at least 5 percent of funds for school construction
  361  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
  362  1013.72.
  363         (6) Any local government transmitting a public school
  364  element to implement school concurrency pursuant to the
  365  requirements of s. 163.3180 before the effective date of this
  366  section is not required to amend the element or any interlocal
  367  agreement to conform with the provisions of subsections (2)-(6)
  368  if the element is adopted prior to or within 1 year after the
  369  effective date of subsections (2)-(6) and remains in effect.
  370         (7) A board and the local governing body must share and
  371  coordinate information related to existing and planned school
  372  facilities; proposals for development, redevelopment, or
  373  additional development; and infrastructure required to support
  374  the school facilities, concurrent with proposed development. A
  375  school board shall use information produced by the demographic,
  376  revenue, and education estimating conferences pursuant to s.
  377  216.136 when preparing the district educational facilities plan
  378  pursuant to s. 1013.35, as modified and agreed to by the local
  379  governments, when provided by interlocal agreement, and the
  380  Office of Educational Facilities, in consideration of local
  381  governments’ population projections, to ensure that the district
  382  educational facilities plan not only reflects enrollment
  383  projections but also considers applicable municipal and county
  384  growth and development projections. The projections must be
  385  apportioned geographically with assistance from the local
  386  governments using local government trend data and the school
  387  district student enrollment data. A school board is precluded
  388  from siting a new school in a jurisdiction where the school
  389  board has failed to provide the annual educational facilities
  390  plan for the prior year required pursuant to s. 1013.35 unless
  391  the failure is corrected.
  392         (8) The location of educational facilities shall be
  393  consistent with the comprehensive plan of the appropriate local
  394  governing body developed under part II of chapter 163 and
  395  consistent with the plan’s implementing land development
  396  regulations.
  397         (9) To improve coordination relative to potential
  398  educational facility sites, a board shall provide written notice
  399  to the local government that has regulatory authority over the
  400  use of the land consistent with an interlocal agreement entered
  401  pursuant to subsections (2)-(6) at least 60 days prior to
  402  acquiring or leasing property that may be used for a new public
  403  educational facility. The local government, upon receipt of this
  404  notice, shall notify the board within 45 days if the site
  405  proposed for acquisition or lease is consistent with the land
  406  use categories and policies of the local government’s
  407  comprehensive plan. This preliminary notice does not constitute
  408  the local government’s determination of consistency pursuant to
  409  subsection (10).
  410         (10) As early in the design phase as feasible and
  411  consistent with an interlocal agreement entered pursuant to
  412  subsections (2)-(6), but no later than 90 days before commencing
  413  construction, the district school board shall in writing request
  414  a determination of consistency with the local government’s
  415  comprehensive plan. The local governing body that regulates the
  416  use of land shall determine, in writing within 45 days after
  417  receiving the necessary information and a school board’s request
  418  for a determination, whether a proposed educational facility is
  419  consistent with the local comprehensive plan and consistent with
  420  local land development regulations. If the determination is
  421  affirmative, school construction may commence and further local
  422  government approvals are not required, except as provided in
  423  this section. Failure of the local governing body to make a
  424  determination in writing within 90 days after a district school
  425  board’s request for a determination of consistency shall be
  426  considered an approval of the district school board’s
  427  application. Campus master plans and development agreements must
  428  comply with the provisions of s. 1013.30.
  429         (11) A local governing body may not deny the site applicant
  430  based on adequacy of the site plan as it relates solely to the
  431  needs of the school. If the site is consistent with the
  432  comprehensive plan’s land use policies and categories in which
  433  public schools are identified as allowable uses, the local
  434  government may not deny the application but it may impose
  435  reasonable development standards and conditions in accordance
  436  with s. 1013.51(1) and consider the site plan and its adequacy
  437  as it relates to environmental concerns, health, safety and
  438  welfare, and effects on adjacent property. Standards and
  439  conditions may not be imposed which conflict with those
  440  established in this chapter or the Florida Building Code, unless
  441  mutually agreed and consistent with the interlocal agreement
  442  required by subsections (2)-(6).
  443         (12) This section does not prohibit a local governing body
  444  and district school board from agreeing and establishing an
  445  alternative process for reviewing a proposed educational
  446  facility and site plan, and offsite impacts, pursuant to an
  447  interlocal agreement adopted in accordance with subsections (2)
  448  (6).
  449         (13) Existing schools shall be considered consistent with
  450  the applicable local government comprehensive plan adopted under
  451  part II of chapter 163. If a board submits an application to
  452  expand an existing school site, the local governing body may
  453  impose reasonable development standards and conditions on the
  454  expansion only, and in a manner consistent with s. 1013.51(1).
  455  Standards and conditions may not be imposed which conflict with
  456  those established in this chapter or the Florida Building Code,
  457  unless mutually agreed. Local government review or approval is
  458  not required for:
  459         (a) The placement of temporary or portable classroom
  460  facilities; or
  461         (b) Proposed renovation or construction on existing school
  462  sites, with the exception of construction that changes the
  463  primary use of a facility, includes stadiums, or results in a
  464  greater than 5 percent increase in student capacity, or as
  465  mutually agreed upon, pursuant to an interlocal agreement
  466  adopted in accordance with subsections (2)-(6).
  467         Section 3. Paragraph (b) of subsection (2) and subsection
  468  (3) of section 1013.35, Florida Statutes, are amended to read:
  469         1013.35 School district educational facilities plan;
  470  definitions; preparation, adoption, and amendment; long-term
  471  work programs.—
  472         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
  473  FACILITIES PLAN.—
  474         (b) The plan must also include a financially feasible
  475  district facilities work program for a 5-year period. The work
  476  program must include:
  477         1. A schedule of major repair and renovation projects
  478  necessary to maintain the educational facilities and ancillary
  479  facilities of the district.
  480         2. A schedule of capital outlay projects necessary to
  481  ensure the availability of satisfactory student stations for the
  482  projected student enrollment in K-12 programs. This schedule
  483  shall consider:
  484         a. The locations, capacities, and planned utilization rates
  485  of current educational facilities of the district. The capacity
  486  of existing satisfactory facilities, as reported in the Florida
  487  Inventory of School Houses must be compared to the capital
  488  outlay full-time-equivalent student enrollment as determined by
  489  the department, including all enrollment used in the calculation
  490  of the distribution formula in s. 1013.64.
  491         b. The proposed locations of planned facilities, whether
  492  those locations are consistent with the comprehensive plans of
  493  all affected local governments, and recommendations for
  494  infrastructure and other improvements to land adjacent to
  495  existing facilities. The provisions of s. 1013.36 ss.
  496  1013.33(10), (11), and (12) and 1013.36 must be addressed for
  497  new facilities planned within the first 3 years of the work
  498  plan, as appropriate.
  499         c. Plans for the use and location of relocatable
  500  facilities, leased facilities, and charter school facilities.
  501         d. Plans for multitrack scheduling, grade level
  502  organization, block scheduling, or other alternatives that
  503  reduce the need for additional permanent student stations.
  504         e. Information concerning average class size and
  505  utilization rate by grade level within the district which will
  506  result if the tentative district facilities work program is
  507  fully implemented.
  508         f. The number and percentage of district students planned
  509  to be educated in relocatable facilities during each year of the
  510  tentative district facilities work program. For determining
  511  future needs, student capacity may not be assigned to any
  512  relocatable classroom that is scheduled for elimination or
  513  replacement with a permanent educational facility in the current
  514  year of the adopted district educational facilities plan and in
  515  the district facilities work program adopted under this section.
  516  Those relocatable classrooms clearly identified and scheduled
  517  for replacement in a school-board-adopted, financially feasible,
  518  5-year district facilities work program shall be counted at zero
  519  capacity at the time the work program is adopted and approved by
  520  the school board. However, if the district facilities work
  521  program is changed and the relocatable classrooms are not
  522  replaced as scheduled in the work program, the classrooms must
  523  be reentered into the system and be counted at actual capacity.
  524  Relocatable classrooms may not be perpetually added to the work
  525  program or continually extended for purposes of circumventing
  526  this section. All relocatable classrooms not identified and
  527  scheduled for replacement, including those owned, lease
  528  purchased, or leased by the school district, must be counted at
  529  actual student capacity. The district educational facilities
  530  plan must identify the number of relocatable student stations
  531  scheduled for replacement during the 5-year survey period and
  532  the total dollar amount needed for that replacement.
  533         g. Plans for the closure of any school, including plans for
  534  disposition of the facility or usage of facility space, and
  535  anticipated revenues.
  536         h. Projects for which capital outlay and debt service funds
  537  accruing under s. 9(d), Art. XII of the State Constitution are
  538  to be used shall be identified separately in priority order on a
  539  project priority list within the district facilities work
  540  program.
  541         3. The projected cost for each project identified in the
  542  district facilities work program. For proposed projects for new
  543  student stations, a schedule shall be prepared comparing the
  544  planned cost and square footage for each new student station, by
  545  elementary, middle, and high school levels, to the low, average,
  546  and high cost of facilities constructed throughout the state
  547  during the most recent fiscal year for which data is available
  548  from the Department of Education.
  549         4. A schedule of estimated capital outlay revenues from
  550  each currently approved source which is estimated to be
  551  available for expenditure on the projects included in the
  552  district facilities work program.
  553         5. A schedule indicating which projects included in the
  554  district facilities work program will be funded from current
  555  revenues projected in subparagraph 4.
  556         6. A schedule of options for the generation of additional
  557  revenues by the district for expenditure on projects identified
  558  in the district facilities work program which are not funded
  559  under subparagraph 5. Additional anticipated revenues may
  560  include effort index grants, SIT Program awards, and Classrooms
  561  First funds.
  562         (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL FACILITIES
  563  PLAN TO LOCAL GOVERNMENT.—The district school board shall submit
  564  a copy of its tentative district educational facilities plan to
  565  all affected local governments prior to adoption by the board.
  566  The affected local governments shall review the tentative
  567  district educational facilities plan and comment to the district
  568  school board on the consistency of the plan with the local
  569  comprehensive plan, whether a comprehensive plan amendment will
  570  be necessary for any proposed educational facility, and whether
  571  the local government supports a necessary comprehensive plan
  572  amendment. If the local government does not support a
  573  comprehensive plan amendment for a proposed educational
  574  facility, the matter shall be resolved pursuant to the
  575  interlocal agreement when required by ss. 163.3177(6)(h) and,
  576  163.31777, and 1013.33(2). The process for the submittal and
  577  review shall be detailed in the interlocal agreement when
  578  required pursuant to ss. 163.3177(6)(h) and, 163.31777, and
  579  1013.33(2).
  580         Section 4. Section 1013.351, Florida Statutes, is amended
  581  to read:
  582         1013.351 Coordination of planning between the Florida
  583  School for the Deaf and the Blind and local governing bodies.—
  584         (1) As used in this section, the term:
  585         (a) “Board of Trustees” means the Board of Trustees of the
  586  Florida School for the Deaf and the Blind.
  587         (b) “Local government” means the municipality or county in
  588  which the school is located.
  589         (c) “School” means the Florida School for the Deaf and the
  590  Blind.
  591         (2) It is the policy of this state to require the board of
  592  trustees to coordinate planning for new facilities with local
  593  governments to ensure that plans for site acquisition,
  594  construction, and opening of new facilities of the school are
  595  facilitated, concurrent with other necessary services. The
  596  planning shall include the integration of the educational plant
  597  survey for the school and applicable policies and procedures of
  598  the board of trustees with the local comprehensive plan and land
  599  development regulations of the local governments. The planning
  600  must consider the effect of the location of new facilities to be
  601  located on property acquired on or after January 1, 1998,
  602  including the efficient use of local infrastructure, the
  603  proximity of the proposed new facilities to the school’s
  604  existing campus, and the effect and impact of any property
  605  proposed to be acquired by the school after the effective date
  606  of this act. In addition, all parties to the planning process
  607  must consult with state and local road departments to assist in
  608  implementing the Safe Paths to Schools Program administered by
  609  the Department of Transportation.
  610         (3) The board of trustees and the municipality in which the
  611  school is located may enter into an interlocal agreement to
  612  establish the specific ways in which the plans and processes of
  613  the board of trustees and the local government are to be
  614  coordinated. If the school and local government enter into an
  615  interlocal agreement, the agreement must be submitted to the
  616  state land planning agency and the Office of Educational
  617  Facilities.
  618         (4) At a minimum, an interlocal agreement must address the
  619  following issues:
  620         (a) The process by which each local government and the
  621  board of trustees will agree and base their plans on consistent
  622  projections of the growth and needs of the school’s student
  623  enrollment.
  624         (b) A process to coordinate and share information relating
  625  to planned expansions of the school’s facilities.
  626         (c) Participation by affected local governments when the
  627  board of trustees is evaluating potential land acquisitions
  628  before the land acquisition occurs and when the board of
  629  trustees proposes uses for property acquired by the board of
  630  trustees on or after January 1, 1998. The local governments
  631  shall advise the board of trustees as to the consistency of any
  632  future land acquisitions and the uses proposed by the school for
  633  lands acquired on or after January 1, 1998, including
  634  appropriate circumstances and criteria under which the board of
  635  trustees may request an amendment to the comprehensive plan for
  636  the expansion of the school’s campus or for school facilities to
  637  be located on property acquired by the board of trustees on or
  638  after January 1, 1998.
  639         (d) A process for determining the need for and timing of
  640  onsite and offsite improvements to support new facilities that
  641  are to be located on property acquired by the board of trustees
  642  on or after January 1, 1998, except new facilities for which a
  643  construction contract was entered on or before the effective
  644  date of this act. The process shall address identification of
  645  the party or parties responsible for the improvements.
  646         (e) A process for the board of trustees to inform local
  647  governments of the school’s enrollment demographics and its
  648  capacity to meet it. The capacity reporting must identify how
  649  the board of trustees will meet the demands for enrollment at
  650  the school, based on the educational plant survey required by s.
  651  1013.31.
  652         (f) A process for determining where and how joint use of
  653  the school or local government facilities can be shared for
  654  mutual benefit and efficiency.
  655         (g) A procedure for resolving disputes between the board of
  656  trustees and local governments, which may include the dispute
  657  resolution processes contained in chapters 164 and 186.
  658  
  659  The board of trustees and the local governments may choose not
  660  to include a provision meeting the requirements of paragraph
  661  (e). However, this decision may be made only after a public
  662  hearing on the proposed decision, which may include the public
  663  hearing at which the board of trustees or the local governments
  664  adopt the interlocal agreements. An interlocal agreement entered
  665  into under this section must be consistent with the adopted
  666  comprehensive plan and land development regulations of the local
  667  governments.
  668         (5)(a) The Office of Educational Facilities shall submit
  669  any comments or concerns regarding the executed interlocal
  670  agreements to the state land planning agency no later than 30
  671  days after receipt of the executed interlocal agreements. The
  672  state land planning agency shall review the executed interlocal
  673  agreements to determine whether they are consistent with the
  674  requirements of subsection (4), the adopted local government
  675  comprehensive plans, and other requirements of law. Not later
  676  than 60 days after receipt of an executed interlocal agreement,
  677  the state land planning agency shall publish a notice of intent
  678  in the Florida Administrative Weekly. The notice of intent must
  679  state that the interlocal agreement is consistent or
  680  inconsistent with the requirements of subsection (4) and this
  681  subsection as appropriate.
  682         (b)1. The state land planning agency’s notice is subject to
  683  challenge under chapter 120. However, an affected person, as
  684  defined in s. 163.3184, has standing to initiate the
  685  administrative proceeding, and this proceeding is the sole means
  686  available to challenge the consistency of an interlocal
  687  agreement with the criteria contained in subsection (4) and this
  688  subsection. In order to have standing, a person must have
  689  submitted oral or written comments, recommendations, or
  690  objections to the appropriate local government or the board of
  691  trustees before the adoption of the interlocal agreement by the
  692  board of trustees and local government. The board of trustees
  693  and the appropriate local government are parties to any such
  694  proceeding.
  695         2. In the administrative proceeding, if the state land
  696  planning agency finds the interlocal agreement to be consistent
  697  with the criteria in subsection (4) and this subsection, the
  698  interlocal agreement must be determined to be consistent with
  699  subsection (4) and this subsection if the local government and
  700  board of trustees is fairly debatable.
  701         3. If the state land planning agency finds the interlocal
  702  agreement to be inconsistent with the requirements of subsection
  703  (4) and this subsection, the determination of consistency by the
  704  local government and board of trustees shall be sustained unless
  705  it is shown by a preponderance of the evidence that the
  706  interlocal agreement is inconsistent.
  707         (c) If the state land planning agency enters a final order
  708  that finds that the interlocal agreement is inconsistent with
  709  the requirements of subsection (4) or this subsection, the state
  710  land planning agency shall identify the issues in dispute and
  711  submit the matter to the Administration Commission for final
  712  action. The report to the Administration Commission must list
  713  each issue in dispute, describe the nature and basis for each
  714  dispute, identify alternative resolutions of each dispute, and
  715  make recommendations. After receiving the report from the state
  716  land planning agency, the Administration Commission shall take
  717  action to resolve the issues. In deciding upon a proper
  718  resolution, the Administration Commission shall consider the
  719  nature of the issues in dispute, the compliance of the parties
  720  with this section, the extent of the conflict between the
  721  parties, the comparative hardships, and the public interest
  722  involved. In resolving the matter, the Administration Commission
  723  may prescribe, by order, the contents of the interlocal
  724  agreement which shall be executed by the board of trustees and
  725  the local government.
  726         (5)(6) An interlocal agreement may be amended under
  727  subsections (2)-(4) (2)-(5):
  728         (a) In conjunction with updates to the school’s educational
  729  plant survey prepared under s. 1013.31; or
  730         (b) If either party delays by more than 12 months the
  731  construction of a capital improvement identified in the
  732  agreement.
  733         (6)(7) This section does not prohibit a local governing
  734  body and the board of trustees from agreeing and establishing an
  735  alternative process for reviewing proposed expansions to the
  736  school’s campus and offsite impacts, under the interlocal
  737  agreement adopted in accordance with subsections (2)-(5) (2)
  738  (6).
  739         (7)(8) School facilities within the geographic area or the
  740  campus of the school as it existed on or before January 1, 1998,
  741  are consistent with the local government’s comprehensive plan
  742  developed under part II of chapter 163 and consistent with the
  743  plan’s implementing land development regulations. School
  744  facilities, and all uses, structures, fences, enclosures, and
  745  walls that exist on school facilities as of July 1, 2012, are
  746  vested. The local government shall cooperate with the school to
  747  allow for restoration of school facilities, and all uses,
  748  structures, fences, enclosures, and walls that exist on school
  749  facilities. School facilities, and all uses, structures, fences,
  750  enclosures, and walls that exist on school facilities, shall
  751  comply with the state Fair Housing Act, the federal Fair Housing
  752  Act, and the Americans with Disabilities Act of 1990.
  753         (8)(9) To improve coordination relative to potential
  754  educational facility sites, the board of trustees shall provide
  755  written notice to the local governments consistent with the
  756  interlocal agreements entered under subsections (2)-(5) (2)-(6)
  757  at least 60 days before the board of trustees acquires any
  758  additional property. The local government shall notify the board
  759  of trustees no later than 45 days after receipt of this notice
  760  if the site proposed for acquisition is consistent with the land
  761  use categories and policies of the local government’s
  762  comprehensive plan. This preliminary notice does not constitute
  763  the local government’s determination of consistency under
  764  subsection (9) (10).
  765         (9)(10) As early in the design phase as feasible, but no
  766  later than 90 days before commencing construction, the board of
  767  trustees shall request in writing a determination of consistency
  768  with the local government’s comprehensive plan and local
  769  development regulations for the proposed use of any property
  770  acquired by the board of trustees on or after January 1, 1998.
  771  The local governing body that regulates the use of land shall
  772  determine, in writing, no later than 45 days after receiving the
  773  necessary information and a school board’s request for a
  774  determination, whether a proposed use of the property is
  775  consistent with the local comprehensive plan and consistent with
  776  local land development regulations. If the local governing body
  777  determines the proposed use is consistent, construction may
  778  commence and additional local government approvals are not
  779  required, except as provided in this section. Failure of the
  780  local governing body to make a determination in writing within
  781  90 days after receiving the board of trustees’ request for a
  782  determination of consistency shall be considered an approval of
  783  the board of trustees’ application. This subsection does not
  784  apply to facilities to be located on the property if a contract
  785  for construction of the facilities was entered on or before the
  786  effective date of this act.
  787         (10)(11) Disputes that arise in the implementation of an
  788  executed interlocal agreement or in the determinations required
  789  pursuant to subsection (8) (9) or subsection (9) (10) must be
  790  resolved in accordance with chapter 164.
  791         Section 5. Subsection (6) of section 1013.36, Florida
  792  Statutes, is amended to read:
  793         1013.36 Site planning and selection.—
  794         (6) If the school board and local government have entered
  795  into an interlocal agreement pursuant to s. 1013.33(2) and
  796  either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
  797  process to ensure consistency between the local government
  798  comprehensive plan and the school district educational
  799  facilities plan, site planning and selection must be consistent
  800  with the interlocal agreements and the plans.
  801         Section 6. This act shall take effect July 1, 2012.