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
.
.
1 .
.
2 .
.
3 .
.
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
16
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
17
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
19
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
20
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545
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
File original & 9 copies 04/28/98
hbd0001 12:32 pm 02474-0081-715545