CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Lee moved the following amendment to House Amendment 1

12  :

13

14         Senate Amendment (with title amendment) 

15         On page 1, line 18, through page 18, line 18, delete

16  those lines

17

18  and insert:

19         Section 1.  Paragraph (a) of subsection (6) of section

20  163.3177, Florida Statutes, is amended, and subsection (12) is

21  added to said section, to read:

22         163.3177  Required and optional elements of

23  comprehensive plan; studies and surveys.--

24         (6)  In addition to the requirements of subsections

25  (1)-(5), the comprehensive plan shall include the following

26  elements:

27         (a)  A future land use plan element designating

28  proposed future general distribution, location, and extent of

29  the uses of land for residential uses, commercial uses,

30  industry, agriculture, recreation, conservation, education,

31  public buildings and grounds, other public facilities, and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  other categories of the public and private uses of land.  The

 2  future land use plan shall include standards to be followed in

 3  the control and distribution of population densities and

 4  building and structure intensities.  The proposed

 5  distribution, location, and extent of the various categories

 6  of land use shall be shown on a land use map or map series

 7  which shall be supplemented by goals, policies, and measurable

 8  objectives.  Each land use category shall be defined in terms

 9  of the types of uses included and specific standards for the

10  density or intensity of use.  The future land use plan shall

11  be based upon surveys, studies, and data regarding the area,

12  including the amount of land required to accommodate

13  anticipated growth; the projected population of the area; the

14  character of undeveloped land; the availability of public

15  services; and the need for redevelopment, including the

16  renewal of blighted areas and the elimination of nonconforming

17  uses which are inconsistent with the character of the

18  community. The future land use plan may designate areas for

19  future planned development use involving combinations of types

20  of uses for which special regulations may be necessary to

21  ensure development in accord with the principles and standards

22  of the comprehensive plan and this act.  The future land use

23  plan of a county may also designate areas for possible future

24  municipal incorporation.  The land use maps or map series

25  shall generally identify and depict historic district

26  boundaries and shall designate historically significant

27  properties meriting protection.  The future land use element

28  must clearly identify the land use categories in which public

29  schools are an allowable use.  When delineating the land use

30  categories in which public schools are an allowable use, a

31  local government shall include in the categories sufficient

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  land proximate to residential development to meet the

 2  projected needs for schools in coordination with public school

 3  boards and may establish differing criteria for schools of

 4  different type or size.  Each local government shall include

 5  lands contiguous to existing school sites, to the maximum

 6  extent possible, within the land use categories in which

 7  public schools are an allowable use.  All comprehensive plans

 8  must comply with this paragraph no later than October 1, 1999,

 9  or the deadline for the local government evaluation and

10  appraisal report, whichever occurs first 1996. The failure by

11  a local government to comply with this requirement will result

12  in the prohibition of the local government's ability to amend

13  the local comprehensive plan as provided by s. 163.3187(6). An

14  amendment proposed by a local government for purposes of

15  identifying the land use categories in which public schools

16  are an allowable use is exempt from the limitation on the

17  frequency of plan amendments contained in s. 163.3187. The

18  future land use element shall include criteria which encourage

19  the location of schools proximate to urban residential areas

20  to the extent possible and shall require that the local

21  government seek to collocate public facilities, such as parks,

22  libraries, and community centers, with schools to the extent

23  possible.

24         (12)  A public school facilities element adopted to

25  implement a school concurrency program shall meet the

26  requirements of this subsection.

27         (a)  A public school facilities element shall be based

28  upon data and analyses that address, among other items, how

29  level of service standards will be achieved and maintained.

30  Such data and analyses must include, at a minimum, such items

31  as: the 5-year school district facilities work program adopted

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  pursuant to s. 235.185; the educational plant survey and an

 2  existing educational and ancillary plant map or map series;

 3  information on existing development and development

 4  anticipated for the next 5 years and the long-term planning

 5  period; an analysis of problems and opportunities for existing

 6  schools and schools anticipated in the future; an analysis of

 7  opportunities to collocate future schools with other public

 8  facilities such as parks, libraries, and community centers; an

 9  analysis of the need for supporting public facilities for

10  existing and future schools; an analysis of opportunities to

11  locate schools to serve as community focal points; projected

12  future population and associated demographics, including

13  development patterns year by year for the upcoming 5-year and

14  long-term planning periods; and anticipated educational and

15  ancillary plants with land area requirements.

16         (b)  The element shall contain one or more goals which

17  establish the long-term end toward which public school

18  programs and activities are ultimately directed.

19         (c)  The element shall contain one or more objectives

20  for each goal, setting specific, measurable, intermediate ends

21  that are achievable and mark progress toward the goal.

22         (d)  The element shall contain one or more policies for

23  each objective which establish the way in which programs and

24  activities will be conducted to achieve an identified goal.

25         (e)  The objectives and policies shall address items

26  such as: the procedure for an annual update process; the

27  procedure for school site selection; the procedure for school

28  permitting; provision of supporting infrastructure; location

29  of future school sites so they serve as community focal

30  points; measures to ensure compatibility of school sites and

31  surrounding land uses; coordination with adjacent local

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  governments and the school district on emergency preparedness

 2  issues; and coordination with the future land use element.

 3         (f)  The element shall include one or more future

 4  conditions map which depicts the anticipated location of

 5  educational and ancillary plants. The map will of necessity be

 6  general for the long-term planning period and more specific

 7  for the 5-year period.

 8         Section 2.  Subsection (1) of section 163.3180, Florida

 9  Statutes, is amended, and subsections (12) and (13) are added

10  to said section, to read:

11         163.3180  Concurrency.--

12         (1)(a)  Roads, sanitary sewer, solid waste, drainage,

13  potable water, parks and recreation, and mass transit, where

14  applicable, are the only public facilities and services

15  subject to the concurrency requirement on a statewide basis.

16  Additional public facilities and services may not be made

17  subject to concurrency on a statewide basis without

18  appropriate study and approval by the Legislature; however,

19  any local government may extend the concurrency requirement so

20  that it applies to additional public facilities within its

21  jurisdiction.

22         (b)  If a local government elects to extend the

23  concurrency requirement to public schools, it should first

24  conduct a study to determine how the requirement would be met

25  and shared by all affected parties. The local government shall

26  provide an opportunity for full participation in this study by

27  the school board. The state land planning agency may provide

28  technical assistance to local governments that study and

29  prepare for extension of the concurrency requirement to public

30  schools. When establishing concurrency requirements for public

31  schools, a local government shall comply with the following

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  criteria for any proposed plan or plan amendment transmitted

 2  pursuant to s. 163.3184(3) after July 1, 1995:

 3         1.  Adopt level-of-service standards for public schools

 4  with the agreement of the school board.  Public school

 5  level-of-service standards shall be adopted as part of the

 6  capital improvements element in the local government

 7  comprehensive plan, which shall contain a financially feasible

 8  public school capital facilities program established in

 9  conjunction with the school board that will provide

10  educational facilities at an adequate level of service

11  necessary to implement the adopted local government

12  comprehensive plan.

13         2.  Satisfy the requirement for intergovernmental

14  coordination set forth in s. 163.3177(6)(h)1. and 2.

15         (12)  School concurrency, if imposed by local option,

16  shall be established on a districtwide basis and shall include

17  all public schools in the district and all portions of the

18  district, whether located in a municipality or an

19  unincorporated area. The application of school concurrency to

20  development shall be based upon the adopted comprehensive

21  plan, as amended.  All local governments within a county,

22  except as provided in paragraph (f), shall adopt and transmit

23  to the state land planning agency the necessary plan

24  amendments, along with the interlocal agreement, for a

25  compliance review pursuant to s. 163.3184(7) and (8). School

26  concurrency shall not become effective in a county until all

27  local governments, except as provided in paragraph (f), have

28  adopted the necessary plan amendments, which together with the

29  interlocal agreement, are determined to be in compliance with

30  the requirements of this part. The minimum requirements for

31  school concurrency are the following:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         (a)  Public school facilities element.--A local

 2  government shall adopt and transmit to the state land planning

 3  agency a plan or plan amendment which includes a public school

 4  facilities element which is consistent with the requirements

 5  of s. 163.3177(12) and which is determined to be in compliance

 6  as defined in s. 163.3184(1)(b).  All local government public

 7  school facilities plan elements within a county must be

 8  consistent with each other as well as the requirements of this

 9  chapter.

10         (b)  Level of service standards.--The Legislature

11  recognizes that an essential requirement for a concurrency

12  management system is the level of service at which a public

13  facility is expected to operate.

14         1.  Local governments and school boards imposing school

15  concurrency shall exercise authority in conjunction with each

16  other to establish jointly an adequate level of service

17  standards, as defined in rule 9J-5 Florida Administrative

18  Code, necessary to implement the adopted local government

19  comprehensive plan, based on data and analysis.

20         2.  Public school level of service standards shall be

21  included and adopted into the capital improvements element of

22  the local comprehensive plan and shall apply districtwide to

23  all schools of the same type. Types of schools may include

24  elementary, middle, and high schools as well as

25  special-purpose facilities such as magnet schools.

26         3.  Local governments and school boards shall have the

27  option to utilize tiered level of service standards to allow

28  time to achieve an adequate and desirable level of service as

29  circumstances warrant.

30         (c)  Service areas.--The Legislature recognizes that an

31  essential requirement for a concurrency system is a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  designation of the area within which the level of service will

 2  be measured when an application for a residential development

 3  permit is reviewed for school concurrency purposes. This

 4  delineation is also important for purposes of determining

 5  whether the local government has a financially feasible public

 6  school capital facilities program that will provide schools

 7  which will achieve and maintain the adopted level of service

 8  standards.

 9         1.  In order to balance competing interests, preserve

10  the constitutional concept of uniformity, and avoid disruption

11  of existing educational and growth management processes, local

12  governments are encouraged to apply school concurrency to

13  development on a districtwide basis so that a concurrency

14  determination for a specific development will be based upon

15  the availability of school capacity districtwide.

16         2.  For local governments applying school concurrency

17  on a less than districtwide basis, such as utilizing school

18  attendance zones or larger school concurrency service areas,

19  local governments and school boards shall have the burden to

20  demonstrate that the utilization of school capacity is

21  maximized to the greatest extent possible in the comprehensive

22  plan and amendment, taking into account transportation costs

23  and court-approved desegregation plans, as well as other

24  factors. In addition, in order to achieve concurrency within

25  the service area boundaries selected by local governments and

26  school boards, the service area boundaries, together with the

27  standards for establishing those boundaries, shall be

28  identified, included, and adopted as part of the comprehensive

29  plan.  Any subsequent change to the service area boundaries

30  for purposes of a school concurrency system shall be by plan

31  amendment and shall be exempt from the limitation on the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  frequency of plan amendments in s. 163.3187(1).

 2         3.  Where school capacity is available on a

 3  districtwide basis but school concurrency service is applied

 4  on a less than districtwide basis in the form of concurrency

 5  services areas, if the adopted level of service standard

 6  cannot be met in a particular service area as applied to an

 7  application for a development permit and if the needed

 8  capacity for the particular service area is available in one

 9  or more contiguous service areas as adopted by the local

10  government, then the development order shall be issued and

11  mitigation measures shall not be exacted.

12         (d)  Financial feasibility.--The Legislature recognizes

13  that financial feasibility is an important issue because the

14  premise of concurrency is that the public facilities will be

15  provided in order to achieve and maintain the adopted level of

16  service standard. This part and chapter 9J-5, Florida

17  Administrative Code, contain specific standards to determine

18  the financial feasibility of capital programs. These standards

19  were adopted to make concurrency more predictable and local

20  governments more accountable.

21         1.  A comprehensive plan amendment seeking to impose

22  school concurrency shall contain appropriate amendments to the

23  capital improvements element of the comprehensive plan,

24  consistent with the requirements of s. 163.3177(3) and rule

25  9J-5.016, Florida Administrative Code. The capital

26  improvements element shall set forth a financially feasible

27  public school capital facilities program, established in

28  conjunction with the school board, that demonstrates that the

29  adopted level of service standards will be achieved and

30  maintained.

31         2.  Such amendments shall demonstrate that the public

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  school capital facilities program meets all of the financial

 2  feasibility standards of this part and chapter 9J-5, Florida

 3  Administrative Code, that apply to capital programs which

 4  provide the basis for mandatory concurrency on other public

 5  facilities and services.

 6         3.  When the financial feasibility of a public school

 7  capital facilities program is evaluated by the state land

 8  planning agency for purposes of a compliance determination,

 9  the evaluation shall be based upon the service areas selected

10  by the local governments and school board.

11         (e) Availability standard.--Consistent with the public

12  welfare, a local government may not deny a development permit

13  authorizing residential development for failure to achieve and

14  maintain the level of service standard for public school

15  capacity in a local-option school concurrency system where

16  adequate school facilities will be in place or under actual

17  construction within 3 years after permit issuance.

18         (f)  Intergovernmental coordination.--

19         1.  When establishing concurrency requirements for

20  public schools, a local government shall satisfy the

21  requirements for intergovernmental coordination set forth in

22  s. 163.3177(6)(h)1. and 2., except that a municipality is not

23  required to be a signatory to the interlocal agreement

24  required by s. 163.3177(6)(h)2. as a prerequisite for

25  imposition of school concurrency, and as a nonsignatory shall

26  not participate in the adopted local school concurrency

27  system, if the municipality meets all of the following

28  criteria for having no significant impact on school

29  attendance:

30         a.  The municipality has issued development orders for

31  fewer than 50 residential dwelling units during the preceding

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  5 years, or the municipality has generated fewer than 25

 2  additional public school students during the preceding 5

 3  years.

 4         b.  The municipality has not annexed new land during

 5  the preceding 5 years in land use categories which permit

 6  residential uses that will affect school attendance rates.

 7         c.  The municipality has no public schools located

 8  within its boundaries.

 9         d.  At least 80 percent of the developable land within

10  the boundaries of the municipality has been built upon.

11         2.  A municipality which qualifies as having no

12  significant impact on school attendance pursuant to the

13  criteria of subparagraph 1. must review and determine at the

14  time of its evaluation and appraisal report pursuant to s.

15  163.3191 whether it continues to meet the criteria.  If the

16  municipality determines that it no longer meets the criteria,

17  it must adopt appropriate school concurrency goals,

18  objectives, and policies in its plan amendments based on the

19  evaluation and appraisal report, and enter into the existing

20  interlocal agreement required by s. 163.3177(6)(h)2., in order

21  to fully participate in the school concurrency system.  If

22  such a municipality fails to do so, it will be subject to the

23  enforcement provisions of s. 163.3191.

24         (g)  Interlocal agreement for school concurrency.--When

25  establishing concurrency requirements for public schools, a

26  local government must enter into an interlocal agreement which

27  satisfies the requirements in s. 163.3177(6)(h)1. and 2. and

28  the requirements of this subsection.  The interlocal agreement

29  shall acknowledge both the school board's constitutional and

30  statutory obligations to provide a uniform system of free

31  public schools on a countywide basis, and the land use

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  authority of local governments, including their authority to

 2  approve or deny comprehensive plan amendments and development

 3  orders.  The interlocal agreement shall be submitted to the

 4  state land planning agency by the local government as a part

 5  of the compliance review, along with the other necessary

 6  amendments to the comprehensive plan required by this part.

 7  In addition to the requirements of s. 163.3177(6)(h), the

 8  interlocal agreement shall meet the following requirements:

 9         1.  Establish the mechanisms for coordinating the

10  development, adoption and amendment of each local government's

11  public school facilities element with each other and the plans

12  of the school board to ensure a uniform districtwide school

13  concurrency system.

14         2.  Establish a process by which each local government

15  and the school board shall agree and base their plans on

16  consistent projections of the amount, type and distribution of

17  population growth and coordinate and share information

18  relating to existing and planned public school facilities

19  projections and proposals for development and redevelopment,

20  and infrastructure required to support public school

21  facilities.

22         3.  Establish a process for the development of siting

23  criteria which encourages the location of public schools

24  proximate to urban residential areas to the extent possible

25  and seeks to collocate schools with other public facilities

26  such as parks, libraries, and community centers to the extent

27  possible.

28         4.  Specify uniform, districtwide level of service

29  standards for public schools of the same type and the process

30  for modifying the adopted levels of service standards.

31         5.  Establish a process for the preparation, amendment

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  and joint approval by each local government and the school

 2  board of a public school capital facilities program which is

 3  financially feasible, and a process and schedule for

 4  incorporation of the public school capital facilities program

 5  into the local government comprehensive plans on an annual

 6  basis.

 7         6.  Define the geographic application of school

 8  concurrency.  If school concurrency is to be applied on a less

 9  than districtwide basis in the form of concurrency service

10  areas, the agreement shall establish criteria and standards

11  for the establishment and modification of school concurrency

12  service areas.  The agreement shall also establish a process

13  and schedule for the mandatory incorporation of the school

14  concurrency service areas and the criteria and standards for

15  establishment of the service areas into the local government

16  comprehensive plans.  The agreement shall ensure maximum

17  utilization of school capacity, taking into account

18  transportation costs and court-approved desegregation plans,

19  as well as other factors.  The agreement shall also ensure the

20  achievement and maintenance of the adopted level of service

21  standards for the geographic area of application throughout

22  the 5 years covered by the public school capital facilities

23  plan and thereafter by adding a new fifth year during the

24  annual update.

25         7.  Establish a uniform districtwide procedure for

26  implementing school concurrency which provides for:

27         a.  The evaluation of development applications for

28  compliance with school concurrency requirements;

29         b.  An opportunity for the school board to review and

30  comment on the effect of comprehensive plan amendments and

31  rezonings on the public school facilities plan; and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         c.  The monitoring and evaluation of the school

 2  concurrency system.

 3         8.  Include provisions relating to termination,

 4  suspension and amendment of the agreement.  The agreement

 5  shall provide that if the agreement is terminated or

 6  suspended, the application of school concurrency shall be

 7  terminated or suspended.

 8         (13)  The state land planning agency shall, by October

 9  1, 1998, adopt by rule minimum criteria for the review and

10  determination of compliance of a public school facilities

11  element adopted by a local government for purposes of

12  imposition of school concurrency.

13         Section 3.  Paragraph (i) is added to subsection (2) of

14  section 163.3191, Florida Statutes, to read:

15         163.3191  Evaluation and appraisal of comprehensive

16  plan.--

17         (2)  The report shall present an assessment and

18  evaluation of the success or failure of the comprehensive

19  plan, or element or portion thereof, and shall contain

20  appropriate statements (using words, maps, illustrations, or

21  other forms) related to:

22         (i)  The coordination of the comprehensive plan with

23  existing public schools and those identified in the applicable

24  5-year school district facilities work program adopted

25  pursuant to s. 235.185. The assessment shall address, where

26  relevant, the success or failure of the coordination of the

27  future land use map and associated planned residential

28  development with public schools and their capacities, as well

29  as the joint decisionmaking processes engaged in by the local

30  government and the school board in regard to establishing

31  appropriate population projections and the planning and siting

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  of public school facilities. If the issues are not relevant,

 2  the local government shall demonstrate that they are not

 3  relevant.

 4         Section 4.  Subsection (5) is added to section 235.185,

 5  Florida Statutes, as created by chapter 97-384, Laws of

 6  Florida, to read:

 7         235.185  School district facilities work program;

 8  definitions; preparation, adoption, and amendment; long-term

 9  work programs.--

10         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

11  the adopted district facilities work program covering the

12  5-year work program, the district school board shall adopt

13  annually a 10-year and a 20-year work program which include

14  the information set forth in subsection (2), but based upon

15  enrollment projections and facility needs for the 10-year and

16  20-year periods. It is recognized that the projections in the

17  10-year and 20-year timeframes are tentative and should be

18  used only for general planning purposes.

19         Section 5.  Subsection (1) of section 235.19, Florida

20  Statutes, is amended to read:

21         235.19  Site planning and selection.--

22         (1)  Before acquiring property for sites, each board

23  shall determine the location of proposed educational centers

24  or campuses for the board.  In making this determination, the

25  board shall consider existing and anticipated site needs and

26  the most economical and practicable locations of sites.  The

27  board shall coordinate with the long-range or comprehensive

28  plans of local, regional, and state governmental agencies to

29  assure the compatibility of such plans with site planning.

30  Boards are encouraged to locate schools proximate to urban

31  residential areas to the extent possible, and shall seek to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  collocate schools with other public facilities, such as parks,

 2  libraries, and community centers, to the extent possible.

 3         Section 6.  Subsection (2) of section 235.193, Florida

 4  Statutes, is amended to read:

 5         235.193  Coordination of planning with local governing

 6  bodies.--

 7         (2)  A school board and the local governing body must

 8  share and coordinate information related to existing and

 9  planned public school facilities; proposals for development,

10  redevelopment, or additional development; and infrastructure

11  required to support the public school facilities, concurrent

12  with proposed development. A school board shall use Department

13  of Education enrollment projections when preparing the 5-year

14  district facilities work program pursuant to s. 235.185, and a

15  school board shall affirmatively demonstrate in the

16  educational facilities report consideration of local

17  governments' population projections to ensure that the 5-year

18  work program not only reflects enrollment projections but also

19  considers applicable municipal and county growth and

20  development projections. A school board is precluded from

21  siting a new school in a jurisdiction where the school board

22  has failed to provide the annual educational facilities report

23  for the prior year required pursuant to s. 235.194 unless the

24  failure is corrected.

25         Section 7.  Until the minimum criteria for a public

26  school facilities element adopted for purposes of imposition

27  of school concurrency, as required by section 163.3180(13),

28  Florida Statutes, are in effect, the state land planning

29  agency shall utilize the minimum criteria for a public school

30  facilities element adopted for purposes of imposition of

31  school concurrency contained in the Final Report and Consensus

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  Text by the Department of Community Affairs Public School

 2  Construction Working Group, dated March 9, 1998, in any

 3  compliance review of any such element.

 4         Section 8.  Any county whose adopted public school

 5  facilities element is the subject of a final order entered by

 6  the Administration Commission prior to the effective date of

 7  this act may implement its public school facilities element in

 8  accordance with the general law concerning public school

 9  facilities concurrency in effect when the final order was

10  entered and in accord with the final order consistent with any

11  appellate court decision. The county shall comply with the

12  requirements of the final order, consistent with any appellate

13  decision, in implementing its public school facilities element

14  and in adopting any necessary amendment to its comprehensive

15  plan.

16         Section 9.  This act shall take effect July 1, 1998.

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19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 18, line 26, through page 21, line 28, delete

22  those lines

23

24  and insert:

25                      A bill to be entitled

26         An act relating to planning for educational

27         facilities; amending s. 163.3177, F.S.;

28         requiring that the future land use element of a

29         local government's comprehensive plan include

30         certain criteria relating to location of

31         schools; specifying the date by which such

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         plans must comply and providing effect of

 2         noncompliance; providing requirements with

 3         respect to the data and analyses on which a

 4         public school facilities element should be

 5         based; providing for goals, objectives, and

 6         policies; providing for a future conditions

 7         map; amending s. 163.3180, F.S.; revising

 8         requirements for imposition of a school

 9         concurrency requirement by a local government

10         and for the local government comprehensive plan

11         or plan amendment to implement such

12         requirement; requiring a public schools

13         facilities element; providing requirements for

14         level of service standards; providing

15         requirements for designation of service areas;

16         providing requirements with respect to

17         financial feasibility; specifying an

18         availability standard; requiring that

19         intergovernmental coordination requirements be

20         satisfied and providing that certain

21         municipalities are not required to be a

22         signatory of the required interlocal agreement;

23         providing duties of such municipalities to

24         evaluate their status and enter into the

25         interlocal agreement when required, and

26         providing effect of failure to do so; providing

27         requirements for an interlocal agreement;

28         directing the state land planning agency to

29         adopt by rule minimum criteria for review and

30         determination of compliance of a public schools

31         facilities element; amending s. 163.3191, F.S.;

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1         providing that the local planning agency's

 2         periodic report on the comprehensive plan shall

 3         assess the coordination of the plan with public

 4         schools; amending s. 235.185, F.S.; directing

 5         school boards to adopt annually 10-year and

 6         20-year work programs in addition to the

 7         required 5-year district facilities work

 8         program; amending s. 235.19, F.S.; providing a

 9         directive to school boards with respect to

10         school location; amending s. 235.193, F.S.;

11         providing requirements for the 5-year district

12         facilities work program with respect to

13         enrollment and population projections;

14         precluding the siting of new schools in certain

15         jurisdictions; providing for interim use of

16         certain criteria and guidelines by the state

17         land planning agency in compliance review of a

18         school concurrency system; providing an

19         alternative concurrency system for counties

20         subject to final order by the Administration

21         Commission; providing an effective date.

22

23         WHEREAS, the Legislature recognizes the need to

24  determine educational facility needs as Florida continues to

25  grow, and the need to ensure that local school districts have

26  adequate funds to finance needed educational facilities, and

27         WHEREAS, the Legislature recognizes that the state has

28  an interest in school concurrency because public education is

29  a state responsibility and because of the role of the state in

30  the administration of statewide growth management policy, and

31         WHEREAS, the Legislature recognizes that state policy

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474, 1st Eng.

    Amendment No.    





 1  on school concurrency is incomplete, and

 2         WHEREAS, it is the intent of the Legislature that local

 3  governments retain the authority to impose school concurrency

 4  on a local option basis within clearly defined parameters

 5  established by the state in statutes and rules, and

 6         WHEREAS, it is the intent of the Legislature to

 7  increase predictability and minimize conflict and litigation

 8  in local governments which choose to impose school

 9  concurrency, and

10         WHEREAS, it is the intent of the Legislature that

11  school concurrency, where implemented, should improve the

12  state's educational system as well as advance the state's

13  integrated planning and growth management system, NOW,

14  THEREFORE,

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