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


H

Representative(s) K. Pruitt, Wise, Logan, and Chestnut offered the
following:



                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) K. Pruitt, Wise, Logan, and Chestnut offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

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

19  163.3177, Florida Statutes, is amended, and subsection (12) is

20  added to said section, to read:

21         163.3177  Required and optional elements of

22  comprehensive plan; studies and surveys.--

23         (6)  In addition to the requirements of subsections

24  (1)-(5), the comprehensive plan shall include the following

25  elements:

26         (a)  A future land use plan element designating

27  proposed future general distribution, location, and extent of

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

29  industry, agriculture, recreation, conservation, education,

30  public buildings and grounds, other public facilities, and

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

                                  1

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





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

 2  the control and distribution of population densities and

 3  building and structure intensities.  The proposed

 4  distribution, location, and extent of the various categories

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

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

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

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

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

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

11  including the amount of land required to accommodate

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

13  character of undeveloped land; the availability of public

14  services; and the need for redevelopment, including the

15  renewal of blighted areas and the elimination of nonconforming

16  uses which are inconsistent with the character of the

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

18  future planned development use involving combinations of types

19  of uses for which special regulations may be necessary to

20  ensure development in accord with the principles and standards

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

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

23  municipal incorporation.  The land use maps or map series

24  shall generally identify and depict historic district

25  boundaries and shall designate historically significant

26  properties meriting protection.  The future land use element

27  must clearly identify the land use categories in which public

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

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

30  local government shall include in the categories sufficient

31  land proximate to residential development to meet the

                                  2

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  projected needs for schools in coordination with public school

 2  boards and may establish differing criteria for schools of

 3  different type or size.  Each local government shall include

 4  lands contiguous to existing school sites, to the maximum

 5  extent possible, within the land use categories in which

 6  public schools are an allowable use.  All comprehensive plans

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

 8  or the deadline for the local government evaluation and

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

10  a local government to comply with this requirement will result

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

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

13  amendment proposed by a local government for purposes of

14  identifying the land use categories in which public schools

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

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

17  future land use element shall include criteria which encourage

18  the location of schools proximate to urban residential areas

19  to the extent possible and shall require that the local

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

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

22  possible.

23         (12)  A public school facilities element adopted to

24  implement a school concurrency program shall meet the

25  requirements of this subsection.

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

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

28  level of service standards will be achieved and maintained.

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

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

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

                                  3

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  existing educational and ancillary plant map or map series;

 2  information on existing development and development

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

 4  period; an analysis of problems and opportunities for existing

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

 6  opportunities to collocate future schools with other public

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

 8  analysis of the need for supporting public facilities for

 9  existing and future schools; an analysis of opportunities to

10  locate schools to serve as community focal points; projected

11  future population and associated demographics, including

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

13  long-term planning periods; and anticipated educational and

14  ancillary plants with land area requirements.

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

16  establish the long-term end toward which public school

17  programs and activities are ultimately directed.

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

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

20  that are achievable and mark progress toward the goal.

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

22  each objective which establish the way in which programs and

23  activities will be conducted to achieve an identified goal.

24         (e)  The objectives and policies shall address items

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

26  procedure for school site selection; the procedure for school

27  permitting; provision of supporting infrastructure; location

28  of future school sites so they serve as community focal

29  points; measures to ensure compatibility of school sites and

30  surrounding land uses; coordination with adjacent local

31  governments and the school district on emergency preparedness

                                  4

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





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

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

 3  conditions maps which depict the anticipated location of

 4  educational and ancillary plants. The maps will of necessity

 5  be general for the long-term planning period and more specific

 6  for the 5-year period.

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

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

 9  to said section, to read:

10         163.3180  Concurrency.--

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

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

13  applicable, are the only public facilities and services

14  subject to the concurrency requirement on a statewide basis.

15  Additional public facilities and services may not be made

16  subject to concurrency on a statewide basis without

17  appropriate study and approval by the Legislature; however,

18  any local government may extend the concurrency requirement so

19  that it applies to additional public facilities within its

20  jurisdiction.

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

22  concurrency requirement to public schools, it should first

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

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

25  provide an opportunity for full participation in this study by

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

27  technical assistance to local governments that study and

28  prepare for extension of the concurrency requirement to public

29  schools. When establishing concurrency requirements for public

30  schools, a local government shall comply with the following

31  criteria for any proposed plan or plan amendment transmitted

                                  5

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





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

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

 3  with the agreement of the school board.  Public school

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

 5  capital improvements element in the local government

 6  comprehensive plan, which shall contain a financially feasible

 7  public school capital facilities program established in

 8  conjunction with the school board that will provide

 9  educational facilities at an adequate level of service

10  necessary to implement the adopted local government

11  comprehensive plan.

12         2.  Satisfy the requirement for intergovernmental

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

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

15  shall be established on a districtwide basis and shall include

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

17  district, whether located in a municipality or an

18  unincorporated area. The application of school concurrency to

19  development shall be based upon the adopted comprehensive

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

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

22  to the state land planning agency the necessary plan

23  amendments, along with the interlocal agreement, for a

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

25  concurrency shall not become effective in a county until all

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

27  adopted the necessary plan amendments, which together with the

28  interlocal agreement, are determined to be in compliance with

29  the requirements of this part.  The minimum requirements for

30  school concurrency are the following:

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

                                  6

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  government shall adopt and transmit to the state land planning

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

 3  facilities element which is consistent with the requirements

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

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

 6  school facilities plan elements within a county must be

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

 8  part.

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

10  recognizes that an essential requirement for a concurrency

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

12  facility is expected to operate.

13         1.  Local governments and school boards imposing school

14  concurrency shall exercise authority in conjunction with each

15  other to establish jointly adequate level of service

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

17  Code, necessary to implement the adopted local government

18  comprehensive plan, based on data and analysis.

19         2.  Public school level of service standards shall be

20  included and adopted into the capital improvements element of

21  the local comprehensive plan and shall apply districtwide to

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

23  elementary, middle, and high schools as well as

24  special-purpose facilities such as magnet schools.

25         3.  Local governments and school boards shall have the

26  option to utilize tiered level of service standards to allow

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

28  circumstances warrant.

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

30  essential requirement for a concurrency system is a

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

                                  7

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  be measured when an application for a residential development

 2  permit is reviewed for school concurrency purposes. This

 3  delineation is also important for purposes of determining

 4  whether the local government has a financially feasible public

 5  school capital facilities program that will provide schools

 6  which will achieve and maintain the adopted level of service

 7  standards.

 8         1.  In order to balance competing interests, preserve

 9  the constitutional concept of uniformity, and avoid disruption

10  of existing educational and growth management processes, local

11  governments are encouraged to apply school concurrency to

12  development on a districtwide basis so that a concurrency

13  determination for a specific development will be based upon

14  the availability of school capacity districtwide.

15         2.  For local governments applying school concurrency

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

17  attendance zones or larger school concurrency service areas,

18  local governments and school boards shall have the burden to

19  demonstrate that the utilization of school capacity is

20  maximized to the greatest extent possible in the comprehensive

21  plan and amendment, taking into account transportation costs

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

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

24  the service area boundaries selected by local governments and

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

26  standards for establishing those boundaries, shall be

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

28  plan.  Any subsequent change to the service area boundaries

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

30  amendment and shall be exempt from the limitation on the

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

                                  8

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1         3.  Where school capacity is available on a

 2  districtwide basis but school concurrency is applied on a less

 3  than districtwide basis in the form of concurrency service

 4  areas, if the adopted level of service standard cannot be met

 5  in a particular service area as applied to an application for

 6  a development permit and if the needed capacity for the

 7  particular service area is available in one or more contiguous

 8  service areas, as adopted by the local government, then the

 9  development order shall be issued and mitigation measures

10  shall not be exacted.

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

12  that financial feasibility is an important issue because the

13  premise of concurrency is that the public facilities will be

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

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

16  Administrative Code, contain specific standards to determine

17  the financial feasibility of capital programs. These standards

18  were adopted to make concurrency more predictable and local

19  governments more accountable.

20         1.  A comprehensive plan amendment seeking to impose

21  school concurrency shall contain appropriate amendments to the

22  capital improvements element of the comprehensive plan,

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

24  9J-5.016, Florida Administrative Code. The capital

25  improvements element shall set forth a financially feasible

26  public school capital facilities program, established in

27  conjunction with the school board, that demonstrates that the

28  adopted level of service standards will be achieved and

29  maintained.

30         2.  Such amendments shall demonstrate that the public

31  school capital facilities program meets all of the financial

                                  9

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





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

 2  Administrative Code, that apply to capital programs which

 3  provide the basis for mandatory concurrency on other public

 4  facilities and services.

 5         3.  When the financial feasibility of a public school

 6  capital facilities program is evaluated by the state land

 7  planning agency for purposes of a compliance determination,

 8  the evaluation shall be based upon the service areas selected

 9  by the local governments and school board.

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

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

12  authorizing residential development for failure to achieve and

13  maintain the level of service standard for public school

14  capacity in a local option school concurrency system where

15  adequate school facilities will be in place or under actual

16  construction within 3 years after permit issuance.

17         (f)  Intergovernmental coordination.--

18         1.  When establishing concurrency requirements for

19  public schools, a local government shall satisfy the

20  requirements for intergovernmental coordination set forth in

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

22  required to be a signatory to the interlocal agreement

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

24  imposition of school concurrency, and as a nonsignatory shall

25  not participate in the adopted local school concurrency

26  system, if the municipality meets all of the following

27  criteria for having no significant impact on school

28  attendance:

29         a.  The municipality has issued development orders for

30  fewer than 50 residential dwelling units during the preceding

31  5 years, or the municipality has generated fewer than 25

                                  10

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  additional public school students during the preceding 5

 2  years.

 3         b.  The municipality has not annexed new land during

 4  the preceding 5 years in land use categories which permit

 5  residential uses that will affect school attendance rates.

 6         c.  The municipality has no public schools located

 7  within its boundaries.

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

 9  the boundaries of the municipality has been built upon.

10         2.  A municipality which qualifies as having no

11  significant impact on school attendance pursuant to the

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

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

14  163.3191 whether it continues to meet the criteria.  If the

15  municipality determines that it no longer meets the criteria,

16  it must adopt appropriate school concurrency goals,

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

18  evaluation and appraisal report, and enter into the existing

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

20  to fully participate in the school concurrency system.  If

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

22  enforcement provisions of s. 163.3191.

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

24  establishing concurrency requirements for public schools, a

25  local government must enter into an interlocal agreement which

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

27  the requirements of this subsection.  The interlocal agreement

28  shall acknowledge both the school board's constitutional and

29  statutory obligations to provide a uniform system of free

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

31  authority of local governments, including their authority to

                                  11

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  approve or deny comprehensive plan amendments and development

 2  orders.  The interlocal agreement shall be submitted to the

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

 4  of the compliance review, along with the other necessary

 5  amendments to the comprehensive plan required by this part.

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

 7  interlocal agreement shall meet the following requirements:

 8         1.  Establish the mechanisms for coordinating the

 9  development, adoption, and amendment of each local

10  government's public school facilities element with each other

11  and the plans of the school board to ensure a uniform

12  districtwide school concurrency system.

13         2.  Establish a process by which each local government

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

15  consistent projections of the amount, type, and distribution

16  of population growth and coordinate and share information

17  relating to existing and planned public school facilities

18  projections and proposals for development and redevelopment,

19  and infrastructure required to support public school

20  facilities.

21         3.  Establish a process for the development of siting

22  criteria which encourages the location of public schools

23  proximate to urban residential areas to the extent possible

24  and seeks to collocate schools with other public facilities

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

26  possible.

27         4.  Specify uniform, districtwide level of service

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

29  for modifying the adopted levels of service standards.

30         5.  Establish a process for the preparation, amendment,

31  and joint approval by each local government and the school

                                  12

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  board of a public school capital facilities program which is

 2  financially feasible, and a process and schedule for

 3  incorporation of the public school capital facilities program

 4  into the local government comprehensive plans on an annual

 5  basis.

 6         6.  Define the geographic application of school

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

 8  than districtwide basis in the form of concurrency service

 9  areas, the agreement shall establish criteria and standards

10  for the establishment and modification of school concurrency

11  service areas.  The agreement shall also establish a process

12  and schedule for the mandatory incorporation of the school

13  concurrency service areas and the criteria and standards for

14  establishment of the service areas into the local government

15  comprehensive plans.  The agreement shall ensure maximum

16  utilization of school capacity, taking into account

17  transportation costs and court-approved desegregation plans,

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

19  achievement and maintenance of the adopted level of service

20  standards for the geographic area of application throughout

21  the 5 years covered by the public school capital facilities

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

23  annual update.

24         7.  Establish a uniform districtwide procedure for

25  implementing school concurrency which provides for:

26         a.  The evaluation of development applications for

27  compliance with school concurrency requirements;

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

29  comment on the effect of comprehensive plan amendments and

30  rezonings on the public school facilities plan; and

31         c.  The monitoring and evaluation of the school

                                  13

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  concurrency system.

 2         8.  Include provisions relating to termination,

 3  suspension, and amendment of the agreement.  The agreement

 4  shall provide that if the agreement is terminated or

 5  suspended, the application of school concurrency shall be

 6  terminated or suspended.

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

 8  1, 1998, adopt by rule minimum criteria for the review and

 9  determination of compliance of a public school facilities

10  element adopted by a local government for purposes of

11  imposition of school concurrency.

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

13  section 163.3191, Florida Statutes, to read:

14         163.3191  Evaluation and appraisal of comprehensive

15  plan.--

16         (2)  The report shall present an assessment and

17  evaluation of the success or failure of the comprehensive

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

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

20  other forms) related to:

21         (i)  The coordination of the comprehensive plan with

22  existing public schools and those identified in the applicable

23  5-year school district facilities work program adopted

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

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

26  future land use map and associated planned residential

27  development with public schools and their capacities, as well

28  as the joint decisionmaking processes engaged in by the local

29  government and the school board in regard to establishing

30  appropriate population projections and the planning and siting

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

                                  14

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  the local government shall demonstrate that they are not

 2  relevant.

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

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

 5  Florida, to read:

 6         235.185  School district facilities work program;

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

 8  work programs.--

 9         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

10  the adopted district facilities work program covering the

11  5-year work program, the district school board shall adopt

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

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

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

15  20-year periods. It is recognized that the projections in the

16  10-year and 20-year timeframes are tentative and should be

17  used only for general planning purposes.

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

19  Statutes, is amended to read:

20         235.19  Site planning and selection.--

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

22  shall determine the location of proposed educational centers

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

24  board shall consider existing and anticipated site needs and

25  the most economical and practicable locations of sites.  The

26  board shall coordinate with the long-range or comprehensive

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

28  assure the compatibility of such plans with site planning.

29  Boards are encouraged to locate schools proximate to urban

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

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

                                  15

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





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

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

 3  Statutes, is amended to read:

 4         235.193  Coordination of planning with local governing

 5  bodies.--

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

 7  share and coordinate information related to existing and

 8  planned public school facilities; proposals for development,

 9  redevelopment, or additional development; and infrastructure

10  required to support the public school facilities, concurrent

11  with proposed development. A school board shall use Department

12  of Education enrollment projections when preparing the 5-year

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

14  school board shall affirmatively demonstrate in the

15  educational facilities report consideration of local

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

17  work program not only reflects enrollment projections but also

18  considers applicable municipal and county growth and

19  development projections. A school board is precluded from

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

21  has failed to provide the annual educational facilities report

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

23  failure is corrected.

24         Section 7.  Section 235.2157, Florida Statutes, is

25  created to read:

26         235.2157  Small school requirement.--

27         (1)  Beginning July 1, 1999 all plans for new

28  educational facilities to be constructed within a school

29  district and reflected in the 5-year school district

30  facilities work plan shall be plans for small schools in order

31  to promote increased learning and more effective use of school

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  facilities.

 2         (2)  As used in this section, "small school" means:

 3         (a)  An elementary school with a student population of

 4  not more than 500 students.

 5         (b)  A middle school with a student population of not

 6  more than 900 students.

 7         (c)  A high school with a student population of not

 8  more than 1,200 students.

 9         (d)  A school serving kindergarten through grade 8 with

10  a student population of not more than 700 students.

11         (e)  A school serving kindergarten through grade 12

12  with a student population of not more than 900 students.

13         (3)  This section does not apply to plans for new

14  educational facilities already under contract or in the

15  planning stage on July 1, 1999.

16         (4)  Small schools shall comply with all laws, rules,

17  and court orders relating to racial balance.

18         (5)  The commissioner may waive or expand the small

19  schools size requirements of this section upon request of the

20  school district if the school district demonstrates the

21  impracticality of the small schools limitation.

22         (6)  By March 1, 1999, the commissioner shall recommend

23  to the Legislature a sliding scale for optimal school size, as

24  provided under this section, based on land availability, land

25  cost, and student population.

26         Section 8.  Until the minimum criteria for a public

27  school facilities element adopted for purposes of imposition

28  of school concurrency, as required by s. 163.3180(13), Florida

29  Statutes, are in effect, the state land planning agency shall

30  utilize the minimum criteria for a public school facilities

31  element adopted for purposes of imposition of school

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1  concurrency contained in the Final Report and Consensus Text

 2  by the Department of Community Affairs Public School

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

 4  compliance review of any such element.

 5         Section 9.  Any county whose adopted public school

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

 7  the Administration Commission prior to the effective date of

 8  this act may implement its public school facilities element in

 9  accordance with the general law concerning public school

10  facilities concurrency in effect when the final order was

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

12  appellate court decision. The county shall comply with the

13  requirements of the final order, consistent with any appellate

14  decision, in implementing its public school facilities element

15  and in adopting any necessary amendment to its comprehensive

16  plan.

17         Section 10.  This act shall take effect July 1 of the

18  year in which enacted.

19

20

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

22  And the title is amended as follows:

23  remove from the title of the bill:  the entire title

24

25  and insert in lieu thereof:

26                  A bill to be entitled

27         An act relating to planning for educational

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

29         requiring that the future land use element of a

30         local government's comprehensive plan include

31         certain criteria relating to location of

                                  18

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1         schools; specifying the date by which such

 2         plans must comply and providing effect of

 3         noncompliance; providing requirements with

 4         respect to the data and analyses on which a

 5         public school facilities element to implement a

 6         school concurrency program should be based;

 7         providing for goals, objectives, and policies;

 8         providing for future conditions maps; amending

 9         s. 163.3180, F.S.; revising requirements for

10         imposition of a school concurrency requirement

11         by a local government and for the local

12         government comprehensive plan or plan amendment

13         to implement such requirement; requiring a

14         public schools facilities element; providing

15         requirements for level of service standards;

16         providing requirements for designation of

17         service areas; providing requirements with

18         respect to financial feasibility; specifying an

19         availability standard; requiring that

20         intergovernmental coordination requirements be

21         satisfied and providing that certain

22         municipalities are not required to be a

23         signatory of the required interlocal agreement;

24         providing duties of such municipalities to

25         evaluate their status and enter into the

26         interlocal agreement when required, and

27         providing effect of failure to do so; providing

28         requirements with respect to the interlocal

29         agreement; directing the state land planning

30         agency to adopt by rule minimum criteria for

31         review and determination of compliance of a

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1         public schools facilities element; amending s.

 2         163.3191, F.S.; providing that the local

 3         planning agency's periodic report on the

 4         comprehensive plan shall assess the

 5         coordination of the plan with public schools;

 6         amending s. 235.185, F.S.; directing school

 7         boards to adopt annually 10-year and 20-year

 8         work programs in addition to the required

 9         5-year district facilities work program;

10         amending s. 235.19, F.S.; providing a directive

11         to school boards with respect to school

12         location; amending s. 235.193, F.S.; providing

13         requirements for the 5-year district facilities

14         work program with respect to enrollment and

15         population projections; precluding the siting

16         of new schools in certain jurisdictions;

17         creating s. 235.2157, F.S.; defining "small

18         school"; requiring that school districts plan

19         construction of small schools only after July

20         1, 1998 and that this be reflected in the

21         5-year school district facilities work plan;

22         providing for application; requiring small

23         schools to comply with racial balance

24         requirements; authorizing the commissioner to

25         revise certain requirements under certain

26         circumstances; requiring the commissioner to

27         make certain recommendations to the

28         Legislature; providing for interim use of

29         certain criteria by the state land planning

30         agency in compliance review of a public school

31         facilities element; providing for

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                                                   HOUSE AMENDMENT

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

    Amendment No.     (for drafter's use only)





 1         implementation of an alternative public schools

 2         concurrency system by counties subject to a

 3         final order by the Administration Commission;

 4         providing an effective date.

 5

 6         WHEREAS, the Legislature recognizes the need to

 7  determine educational facility needs as Florida continues to

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

 9  adequate funds to finance needed educational facilities, and

10         WHEREAS, the Legislature recognizes that the state has

11  an interest in school concurrency because public education is

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

13  the administration of statewide growth management policy, and

14         WHEREAS, the Legislature recognizes that state policy

15  on school concurrency is incomplete, and

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

17  governments retain the authority to impose school concurrency

18  on a local option basis within clearly defined parameters

19  established by the state in statutes and rules, and

20         WHEREAS, it is the intent of the Legislature to

21  increase predictability and minimize conflict and litigation

22  in local governments which choose to impose school

23  concurrency, and

24         WHEREAS, it is the intent of the Legislature that

25  school concurrency, where implemented, should improve the

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

27  integrated planning and growth management system, NOW,

28  THEREFORE,

29

30

31

                                  21

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