Senate Bill 2474c1

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    Florida Senate - 1998                           CS for SB 2474

    By the Committee on Community Affairs and Senator Lee





    316-2031-98

  1                      A bill to be entitled

  2         An act relating to planning for educational

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

  4         requiring that the future land use element of a

  5         local government's comprehensive plan include

  6         certain criteria relating to location of

  7         schools; specifying the date by which such

  8         plans must comply and providing effect of

  9         noncompliance; providing requirements with

10         respect to the data and analyses on which a

11         public school facilities element should be

12         based; providing for goals, objectives, and

13         policies; providing for a future conditions

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

15         requirements for imposition of a school

16         concurrency requirement by a local government

17         and for the local government comprehensive plan

18         or plan amendment to implement such

19         requirement; requiring a public schools

20         facilities element; providing requirements for

21         level of service standards; providing

22         requirements for designation of service areas;

23         providing requirements with respect to

24         financial feasibility; specifying an

25         availability standard; requiring that

26         intergovernmental coordination requirements be

27         satisfied and providing that certain

28         municipalities are not required to be a

29         signatory of the required interlocal agreement;

30         providing duties of such municipalities to

31         evaluate their status and enter into the

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  1         interlocal agreement when required, and

  2         providing effect of failure to do so; providing

  3         requirements for an interlocal agreement;

  4         directing the state land planning agency to

  5         adopt by rule minimum criteria for review and

  6         determination of compliance of a public schools

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

  8         providing that the local planning agency's

  9         periodic report on the comprehensive plan shall

10         assess the coordination of the plan with public

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

12         school boards to adopt annually 10-year and

13         20-year work programs in addition to the

14         required 5-year district facilities work

15         program; amending s. 235.186, F.S.; including

16         additional expenditures in a district's planned

17         basic capital outlay expenditures that may be

18         eligible for an effort index grant; including

19         districts that have adopted a public school

20         facilities element in districts to which

21         priority consideration for such grants should

22         be given under certain circumstances; amending

23         s. 235.19, F.S.; providing a directive to

24         school boards with respect to school location;

25         amending s. 235.193, F.S.; providing

26         requirements for the 5-year district facilities

27         work program with respect to enrollment and

28         population projections; precluding the siting

29         of new schools in certain jurisdictions;

30         amending s. 235.2155, F.S.; specifying

31         additional savings by school districts which

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  1         the SIT Program is designed to reward;

  2         providing that the SMART Schools Clearinghouse

  3         shall examine data relating to educational

  4         facilities planning, and favorably consider

  5         districts where local governments have adopted

  6         a public school facilities element, in

  7         recommending SIT Program awards; authorizing

  8         use of such awards for offsite infrastructure

  9         needs generated by development of educational

10         facilities; providing for interim use of

11         certain criteria and guidelines by the state

12         land planning agency in compliance review of a

13         school concurrency system; providing an

14         effective date.

15

16         WHEREAS, the Legislature recognizes the need to

17  determine educational facility needs as Florida continues to

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

19  adequate funds to finance needed educational facilities, and

20         WHEREAS, the Legislature recognizes that the state has

21  an interest in school concurrency because public education is

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

23  the administration of statewide growth management policy, and

24         WHEREAS, the Legislature recognizes that state policy

25  on school concurrency is incomplete, and

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

27  governments retain the authority to impose school concurrency

28  on a local option basis within clearly defined parameters

29  established by the state in statutes and rules, and

30         WHEREAS, it is the intent of the Legislature to

31  increase predictability and minimize conflict and litigation

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  1  in local governments which choose to impose school

  2  concurrency, and

  3         WHEREAS, it is the intent of the Legislature that

  4  school concurrency, where implemented, should improve the

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

  6  integrated planning and growth management system, NOW,

  7  THEREFORE,

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

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

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

13  added to said section, to read:

14         163.3177  Required and optional elements of

15  comprehensive plan; studies and surveys.--

16         (6)  In addition to the requirements of subsections

17  (1)-(5), the comprehensive plan shall include the following

18  elements:

19         (a)  A future land use plan element designating

20  proposed future general distribution, location, and extent of

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

22  industry, agriculture, recreation, conservation, education,

23  public buildings and grounds, other public facilities, and

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

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

26  the control and distribution of population densities and

27  building and structure intensities.  The proposed

28  distribution, location, and extent of the various categories

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

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

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

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

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

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

  4  including the amount of land required to accommodate

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

  6  character of undeveloped land; the availability of public

  7  services; and the need for redevelopment, including the

  8  renewal of blighted areas and the elimination of nonconforming

  9  uses which are inconsistent with the character of the

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

11  future planned development use involving combinations of types

12  of uses for which special regulations may be necessary to

13  ensure development in accord with the principles and standards

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

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

16  municipal incorporation.  The land use maps or map series

17  shall generally identify and depict historic district

18  boundaries and shall designate historically significant

19  properties meriting protection.  The future land use element

20  must clearly identify the land use categories in which public

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

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

23  local government shall include in the categories sufficient

24  land proximate to residential development to meet the

25  projected needs for schools in coordination with public school

26  boards and may establish differing criteria for schools of

27  different type or size.  Each local government shall include

28  lands contiguous to existing school sites, to the maximum

29  extent possible, within the land use categories in which

30  public schools are an allowable use.  All comprehensive plans

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

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  1  or the deadline for the local government evaluation and

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

  3  a local government to comply with this requirement will result

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

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

  6  amendment proposed by a local government for purposes of

  7  identifying the land use categories in which public schools

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

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

10  future land use element shall include criteria which encourage

11  the location of schools proximate to urban residential areas

12  to the extent possible and shall require that the local

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

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

15  possible.

16         (12)  A public school facilities element adopted to

17  implement a school concurrency program shall meet the

18  requirements of this subsection.

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

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

21  level of service standards will be achieved and maintained.

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

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

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

25  existing educational and ancillary plant map or map series;

26  information on existing development and development

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

28  period; an analysis of problems and opportunities for existing

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

30  opportunities to collocate future schools with other public

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

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  1  analysis of the need for supporting public facilities for

  2  existing and future schools; an analysis of opportunities to

  3  locate schools to serve as community focal points; projected

  4  future population and associated demographics, including

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

  6  long-term planning periods; and anticipated educational and

  7  ancillary plants with land area requirements.

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

  9  establish the long-term end toward which public school

10  programs and activities are ultimately directed.

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

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

13  that are achievable and mark progress toward the goal.

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

15  each objective which establish the way in which programs and

16  activities will be conducted to achieve an identified goal.

17         (e)  The objectives and policies shall address items

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

19  procedure for school site selection; the procedure for school

20  permitting; provision of supporting infrastructure; location

21  of future school sites so they serve as community focal

22  points; measures to ensure compatibility of school sites and

23  surrounding land uses; coordination with adjacent local

24  governments and the school district on emergency preparedness

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

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

27  conditions map which depicts the anticipated location of

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

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

30  for the 5-year period.

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

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

  3  to said section, to read:

  4         163.3180  Concurrency.--

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

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

  7  applicable, are the only public facilities and services

  8  subject to the concurrency requirement on a statewide basis.

  9  Additional public facilities and services may not be made

10  subject to concurrency on a statewide basis without

11  appropriate study and approval by the Legislature; however,

12  any local government may extend the concurrency requirement so

13  that it applies to additional public facilities within its

14  jurisdiction.

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

16  concurrency requirement to public schools, it should first

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

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

19  provide an opportunity for full participation in this study by

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

21  technical assistance to local governments that study and

22  prepare for extension of the concurrency requirement to public

23  schools. When establishing concurrency requirements for public

24  schools, a local government shall comply with the following

25  criteria for any proposed plan or plan amendment transmitted

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

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

28  with the agreement of the school board.  Public school

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

30  capital improvements element in the local government

31  comprehensive plan, which shall contain a financially feasible

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  1  public school capital facilities program established in

  2  conjunction with the school board that will provide

  3  educational facilities at an adequate level of service

  4  necessary to implement the adopted local government

  5  comprehensive plan.

  6         2.  Satisfy the requirement for intergovernmental

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

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

  9  shall be established on a districtwide basis and shall include

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

11  district, whether located in a municipality or an

12  unincorporated area. The application of school concurrency to

13  development shall be based upon the adopted comprehensive

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

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

16  to the state land planning agency the necessary plan

17  amendments, along with the interlocal agreement, for a

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

19  concurrency shall not become effective in a county until all

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

21  adopted the necessary plan amendments, which together with the

22  interlocal agreement, are determined to be in compliance with

23  the requirements of this part. The minimum requirements for

24  school concurrency are the following:

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

26  government shall adopt and transmit to the state land planning

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

28  facilities element which is consistent with the requirements

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

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

31  school facilities plan elements within a county must be

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

  2  chapter.

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

  4  recognizes that an essential requirement for a concurrency

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

  6  facility is expected to operate.

  7         1.  Local governments and school boards imposing school

  8  concurrency shall exercise authority in conjunction with each

  9  other to establish jointly an adequate level of service

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

11  Code, necessary to implement the adopted local government

12  comprehensive plan, based on data and analysis.

13         2.  Public school level of service standards shall be

14  included and adopted into the capital improvements element of

15  the local comprehensive plan and shall apply districtwide to

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

17  elementary, middle, and high schools as well as

18  special-purpose facilities such as magnet schools.

19         3.  Local governments and school boards shall have the

20  option to utilize tiered level of service standards to allow

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

22  circumstances warrant.

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

24  essential requirement for a concurrency system is a

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

26  be measured when an application for a residential development

27  permit is reviewed for school concurrency purposes. This

28  delineation is also important for purposes of determining

29  whether the local government has a financially feasible public

30  school capital facilities program that will provide schools

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  1  which will achieve and maintain the adopted level of service

  2  standards.

  3         1.  In order to balance competing interests, preserve

  4  the constitutional concept of uniformity, and avoid disruption

  5  of existing educational and growth management processes, local

  6  governments are encouraged to apply school concurrency to

  7  development on a districtwide basis so that a concurrency

  8  determination for a specific development will be based upon

  9  the availability of school capacity districtwide.

10         2.  For local governments applying school concurrency

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

12  attendance zones or larger school concurrency service areas,

13  local governments and school boards shall have the burden to

14  demonstrate that the utilization of school capacity is

15  maximized to the greatest extent possible in the comprehensive

16  plan and amendment, taking into account transportation costs

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

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

19  the service area boundaries selected by local governments and

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

21  standards for establishing those boundaries, shall be

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

23  plan.  Any subsequent change to the service area boundaries

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

25  amendment and shall be exempt from the limitation on the

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

27         3.  Where school capacity is available on a

28  districtwide basis but school concurrency service is applied

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

30  services areas, if the adopted level of service standard

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

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  1  application for a development permit and if the needed

  2  capacity for the particular service area is available in one

  3  or more contiguous service areas as adopted by the local

  4  government, then the development order shall be issued and

  5  mitigation measures shall not be exacted.

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

  7  that financial feasibility is an important issue because the

  8  premise of concurrency is that the public facilities will be

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

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

11  Administrative Code, contain specific standards to determine

12  the financial feasibility of capital programs. These standards

13  were adopted to make concurrency more predictable and local

14  governments more accountable.

15         1.  A comprehensive plan amendment seeking to impose

16  school concurrency shall contain appropriate amendments to the

17  capital improvements element of the comprehensive plan,

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

19  9J-5.016, Florida Administrative Code. The capital

20  improvements element shall set forth a financially feasible

21  public school capital facilities program, established in

22  conjunction with the school board, that demonstrates that the

23  adopted level of service standards will be achieved and

24  maintained.

25         2.  Such amendments shall demonstrate that the public

26  school capital facilities program meets all of the financial

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

28  Administrative Code, that apply to capital programs which

29  provide the basis for mandatory concurrency on other public

30  facilities and services.

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  1         3.  When the financial feasibility of a public school

  2  capital facilities program is evaluated by the state land

  3  planning agency for purposes of a compliance determination,

  4  the evaluation shall be based upon the service areas selected

  5  by the local governments and school board.

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

  7  welfare, public school facilities to serve new developments

  8  shall be in place or be under actual construction no sooner

  9  than 3 years after issuance by the local government of a local

10  development order authorizing the residential development.

11         (f)  Intergovernmental coordination.--

12         1.  When establishing concurrency requirements for

13  public schools, a local government shall satisfy the

14  requirements for intergovernmental coordination set forth in

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

16  required to be a signatory to the interlocal agreement

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

18  imposition of school concurrency, and as a nonsignatory shall

19  not participate in the adopted local school concurrency

20  system, if the municipality meets all of the following

21  criteria for having no significant impact on school

22  attendance:

23         a.  The municipality has issued development orders for

24  fewer than 50 residential dwelling units during the preceding

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

26  additional public school students during the preceding 5

27  years.

28         b.  The municipality has not annexed new land during

29  the preceding 5 years in land use categories which permit

30  residential uses that will affect school attendance rates.

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  1         c.  The municipality has no public schools located

  2  within its boundaries.

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

  4  the boundaries of the municipality has been built upon.

  5         2.  A municipality which qualifies as having no

  6  significant impact on school attendance pursuant to the

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

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

  9  163.3191 whether it continues to meet the criteria.  If the

10  municipality determines that it no longer meets the criteria,

11  it must adopt appropriate school concurrency goals,

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

13  evaluation and appraisal report, and enter into the existing

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

15  to fully participate in the school concurrency system.  If

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

17  enforcement provisions of s. 163.3191.

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

19  establishing concurrency requirements for public schools, a

20  local government must enter into an interlocal agreement which

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

22  the requirements of this subsection.  The interlocal agreement

23  shall acknowledge both the school board's constitutional and

24  statutory obligations to provide a uniform system of free

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

26  authority of local governments, including their authority to

27  approve or deny comprehensive plan amendments and development

28  orders.  The interlocal agreement shall be submitted to the

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

30  of the compliance review, along with the other necessary

31  amendments to the comprehensive plan required by this part.

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

  2  interlocal agreement shall meet the following requirements:

  3         1.  Establish the mechanisms for coordinating the

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

  5  public school facilities element with each other and the plans

  6  of the school board to ensure a uniform districtwide school

  7  concurrency system.

  8         2.  Establish a process by which each local government

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

10  consistent projections of the amount, type and distribution of

11  population growth and coordinate and share information

12  relating to existing and planned public school facilities

13  projections and proposals for development and redevelopment,

14  and infrastructure required to support public school

15  facilities.

16         3.  Establish a process for the development of siting

17  criteria which encourages the location of public schools

18  proximate to urban residential areas to the extent possible

19  and seeks to collocate schools with other public facilities

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

21  possible.

22         4.  Specify uniform, districtwide level of service

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

24  for modifying the adopted levels of service standards.

25         5.  Establish a process for the preparation, amendment

26  and joint approval by each local government and the school

27  board of a public school capital facilities program which is

28  financially feasible, and a process and schedule for

29  incorporation of the public school capital facilities program

30  into the local government comprehensive plans on an annual

31  basis.

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  1         6.  Define the geographic application of school

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

  3  than districtwide basis in the form of concurrency service

  4  areas, the agreement shall establish criteria and standards

  5  for the establishment and modification of school concurrency

  6  service areas.  The agreement shall also establish a process

  7  and schedule for the mandatory incorporation of the school

  8  concurrency service areas and the criteria and standards for

  9  establishment of the service areas into the local government

10  comprehensive plans.  The agreement shall ensure maximum

11  utilization of school capacity, taking into account

12  transportation costs and court-approved desegregation plans,

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

14  achievement and maintenance of the adopted level of service

15  standards for the geographic area of application throughout

16  the 5 years covered by the public school capital facilities

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

18  annual update.

19         7.  Establish a uniform districtwide procedure for

20  implementing school concurrency which provides for:

21         a.  The evaluation of development applications for

22  compliance with school concurrency requirements;

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

24  comment on the effect of comprehensive plan amendments and

25  rezonings on the public school facilities plan; and

26         c.  The monitoring and evaluation of the school

27  concurrency system.

28         8.  Include provisions relating to termination,

29  suspension and amendment of the agreement.  The agreement

30  shall provide that if the agreement is terminated or

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  1  suspended, the application of school concurrency shall be

  2  terminated or suspended.

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

  4  1, 1998, adopt by rule minimum criteria for the review and

  5  determination of compliance of a public school facilities

  6  element adopted by a local government for purposes of

  7  imposition of school concurrency.

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

  9  section 163.3191, Florida Statutes, to read:

10         163.3191  Evaluation and appraisal of comprehensive

11  plan.--

12         (2)  The report shall present an assessment and

13  evaluation of the success or failure of the comprehensive

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

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

16  other forms) related to:

17         (i)  The coordination of the comprehensive plan with

18  existing public schools and those identified in the applicable

19  5-year school district facilities work program adopted

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

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

22  future land use map and associated planned residential

23  development with public schools and their capacities, as well

24  as the joint decisionmaking processes engaged in by the local

25  government and the school board in regard to establishing

26  appropriate population projections and the planning and siting

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

28  the local government shall demonstrate that they are not

29  relevant.

30

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

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

  3  Florida, to read:

  4         235.185  School district facilities work program;

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

  6  work programs.--

  7         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

  8  the adopted district facilities work program covering the

  9  5-year work program, the district school board shall adopt

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

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

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

13  20-year periods. It is recognized that the projections in the

14  10-year and 20-year timeframes are tentative and should be

15  used only for general planning purposes.

16         Section 5.  Paragraph (a) of subsection (4) and

17  paragraph (d) of subsection (5) of section 235.186, Florida

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

19  amended to read:

20         235.186  Effort index grants for school district

21  facilities work program projects.--

22         (4)  COMPUTATION OF BASIC DISTRICT CAPITAL OUTLAY

23  EXPENDITURES ELIGIBLE FOR INCLUSION IN CALCULATION FOR EFFORT

24  INDEX GRANTS.--

25         (a)  When reviewing a district facilities work program,

26  the clearinghouse shall calculate the district's planned basic

27  capital outlay expenditures that may be eligible for an effort

28  index grant. For each district, this calculation shall consist

29  of:

30         1.  Expenditures for district capital outlay projects

31  described in subsection (1).

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  1         2.  Expenditures for debt service payments for

  2  outstanding capital outlay bonds sold to finance new

  3  construction, remodeling, renovation, or major repair of

  4  educational facilities.

  5         3.  Expenditures for scheduled payments on outstanding

  6  certificates of participation used to finance new

  7  construction, remodeling, renovation, or major repair of

  8  educational facilities.

  9         4.  Expenditures for long-term lease agreements between

10  a district and a local government.

11         5.  Expenditures for collocation of public school

12  facilities with local government facilities, including

13  expenditures avoided as a result of the collocation.

14         6.  Expenditures for joint use of public school

15  facilities with local government facilities, including

16  expenditures avoided as a result of the joint use.

17

18  Expenditures relating to the replacement of relocatable

19  classrooms that meet standards shall not qualify as

20  expenditures eligible for inclusion in the calculation for

21  effort index grants.

22         (5)  ALLOCATION OF EFFORT INDEX GRANTS FOR DISTRICT

23  FACILITIES.--

24         (d)  If legislative appropriations are insufficient to

25  fully fund the eligible total statewide qualified effort index

26  grants as calculated by the clearinghouse, priority

27  consideration shall be given to providing effort index grants

28  to those districts based upon:

29         1.  The extent to which they have exceeded the district

30  effort index in subsection (2); and

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  1         2.  The extent to which they have maximized their

  2  revenue generating potential from the district effort index in

  3  subsection (2) through the purchase of certificates of

  4  participation, the sale of bonds, or other appropriate

  5  long-term financing; and.

  6         3.  Whether the local government has adopted either an

  7  optional public school facilities element or a public school

  8  facilities element pursuant to s. 163.3177(12) to implement a

  9  school concurrency system.

10         Section 6.  Subsection (1) of section 235.19, Florida

11  Statutes, is amended to read:

12         235.19  Site planning and selection.--

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

14  shall determine the location of proposed educational centers

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

16  board shall consider existing and anticipated site needs and

17  the most economical and practicable locations of sites.  The

18  board shall coordinate with the long-range or comprehensive

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

20  assure the compatibility of such plans with site planning.

21  Boards are encouraged to locate schools proximate to urban

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

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

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

25         Section 7.  Subsection (2) of section 235.193, Florida

26  Statutes, is amended to read:

27         235.193  Coordination of planning with local governing

28  bodies.--

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

30  share and coordinate information related to existing and

31  planned public school facilities; proposals for development,

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  1  redevelopment, or additional development; and infrastructure

  2  required to support the public school facilities, concurrent

  3  with proposed development. A school board shall use Department

  4  of Education enrollment projections when preparing the 5-year

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

  6  school board shall affirmatively demonstrate in the

  7  educational facilities report consideration of local

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

  9  work program not only reflects enrollment projections but also

10  considers applicable municipal and county growth and

11  development projections. A school board is precluded from

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

13  has failed to provide the annual educational facilities report

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

15  failure is corrected.

16         Section 8.  Paragraph (a) of subsection (3), paragraph

17  (b) of subsection (6), and subsection (7) of section 235.2155,

18  Florida Statutes, as amended by chapter 97-384, Laws of

19  Florida, are amended to read:

20         235.2155  School Infrastructure Thrift Program Act.--

21         (3)  The SIT Program is designed as:

22         (a)  An incentive program to reward districts for:

23         1.  Savings realized through functional, frugal

24  construction.

25         2.  Savings realized through the operation of charter

26  schools in non-school-district facilities.

27         3.  Savings realized through the capital outlay

28  expenditure avoided by the district's use of long-term lease

29  agreements with county or municipal governments.

30         4.  Savings realized through the capital outlay

31  expenditure avoided by the district's collocation of

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  1  educational facilities with compatible local government

  2  facilities of county or municipal governments.

  3         5.  Savings realized through the capital outlay

  4  expenditure avoided by the district's joint use of facilities

  5  with county or municipal governments.

  6         (6)

  7         (b)  The SMART Schools Clearinghouse shall examine the

  8  supporting data from each school district, including evidence

  9  of coordination and cooperation by school boards with county

10  or municipal governments in the planning and siting of

11  educational facilities, and evidence of the submission of the

12  educational facilities report required pursuant to s. 235.194,

13  and shall report to the commissioner each district's

14  eligibility pursuant to s. 235.216.  Based on the

15  clearinghouse's report and pursuant to ss. 235.217 and

16  235.218, the clearinghouse shall make recommendations, ranked

17  in order of priority, for SIT Program awards. In prioritizing

18  its recommendations, the clearinghouse shall favorably

19  consider school districts in which local governments have

20  adopted either an optional public school facilities element or

21  a public school facilities element pursuant to s. 163.3177(12)

22  as required to implement the school concurrency system.

23         (7)  Awards from the SIT Program shall be made by the

24  commissioner from funds appropriated by the Legislature and

25  may be used for any lawful capital outlay expenditure,

26  including required offsite infrastructure needs that are

27  generated by the development of educational facilities.

28         Section 9.  The minimum criteria adopted by the state

29  land planning agency pursuant to s. 163.3180(13) shall be

30  consistent with Chapter 163, Part II, Florida Statutes, and

31  with the Final Report and Consensus Text by the Department of

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  1  Community Affairs Public School Construction Working Group

  2  dated March 9, 1998.  Until the minimum criteria for a public

  3  school facilities element adopted by a local government for

  4  purposes of imposition of school concurrency have been adopted

  5  by the state land planning agency and are in effect, the state

  6  land planning agency shall utilize the minimum criteria

  7  contained in the Final Report and Consensus Text by the

  8  Department of Community Affairs Public School Construction

  9  Working Group, dated March 9, 1998, for purposes of any

10  compliance review of an adopted school concurrency system.

11  This section shall be repealed by operation of law when the

12  rules required by s. 163.3180(13) are adopted by the state

13  land planning agency and are in effect.

14         Section 10.  This act shall take effect July 1, 1998.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2474

  3

  4  Includes the requirements for an interlocal agreement needed
    as a prerequisite to adopting school concurrency, rather than
  5  deferring to the department to adopt by rule guidelines and
    criteria for the interlocal agreements.
  6
    Clarifies that failure of the local government to include
  7  certain criteria in its future land use element and to seek to
    collocate schools with other public facilities, does not
  8  subject the local government to penalty.

  9  Requires that all local government school facilities plan
    elements within the same county be consistent with each other.
10
    Requires that changes to the adopted service area boundaries
11  be made by plan amendment, and exempts those amendments from
    frequency limitations.
12
    Changes the availability standard to require that public
13  school facilities be in place no sooner than 3 years after
    issuance of the local development order, rather than within 3
14  years of issuance of the development order.

15  Deletes a requirement that the school district receive written
    permission from the local government in order to locate a new
16  school in a jurisdiction in which it failed to provide the
    required annual education facilities report.
17
    Clarifies that school districts in all jurisdictions which
18  adopt a public school facilities element may be considered for
    an award of SIT funds, not just those in which concurrency has
19  been adopted.

20  Clarifies that school concurrency is not effective in a county
    until all municipalities in the county have adopted the
21  applicable plan amendments and interlocal agreement.

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