Senate Bill 2474e1

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  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. 235.19, F.S.; providing a

16         directive to school boards with respect to

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

18         providing requirements for the 5-year district

19         facilities work program with respect to

20         enrollment and population projections;

21         precluding the siting of new schools in certain

22         jurisdictions; providing for interim use of

23         certain criteria and guidelines by the state

24         land planning agency in compliance review of a

25         school concurrency system; providing an

26         alternative concurrency system for counties

27         subject to final order by the Administration

28         Commission; providing an effective date.

29

30         WHEREAS, the Legislature recognizes the need to

31  determine educational facility needs as Florida continues to


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

  2  adequate funds to finance needed educational facilities, and

  3         WHEREAS, the Legislature recognizes that the state has

  4  an interest in school concurrency because public education is

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

  6  the administration of statewide growth management policy, and

  7         WHEREAS, the Legislature recognizes that state policy

  8  on school concurrency is incomplete, and

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

10  governments retain the authority to impose school concurrency

11  on a local option basis within clearly defined parameters

12  established by the state in statutes and rules, and

13         WHEREAS, it is the intent of the Legislature to

14  increase predictability and minimize conflict and litigation

15  in local governments which choose to impose school

16  concurrency, and

17         WHEREAS, it is the intent of the Legislature that

18  school concurrency, where implemented, should improve the

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

20  integrated planning and growth management system, NOW,

21  THEREFORE,

22

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

24

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

26  163.3177, Florida Statutes, is amended, and subsection (12) is

27  added to said section, to read:

28         163.3177  Required and optional elements of

29  comprehensive plan; studies and surveys.--

30

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  1         (6)  In addition to the requirements of subsections

  2  (1)-(5), the comprehensive plan shall include the following

  3  elements:

  4         (a)  A future land use plan element designating

  5  proposed future general distribution, location, and extent of

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

  7  industry, agriculture, recreation, conservation, education,

  8  public buildings and grounds, other public facilities, and

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

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

11  the control and distribution of population densities and

12  building and structure intensities.  The proposed

13  distribution, location, and extent of the various categories

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

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

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

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

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

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

20  including the amount of land required to accommodate

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

22  character of undeveloped land; the availability of public

23  services; and the need for redevelopment, including the

24  renewal of blighted areas and the elimination of nonconforming

25  uses which are inconsistent with the character of the

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

27  future planned development use involving combinations of types

28  of uses for which special regulations may be necessary to

29  ensure development in accord with the principles and standards

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

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


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  1  municipal incorporation.  The land use maps or map series

  2  shall generally identify and depict historic district

  3  boundaries and shall designate historically significant

  4  properties meriting protection.  The future land use element

  5  must clearly identify the land use categories in which public

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

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

  8  local government shall include in the categories sufficient

  9  land proximate to residential development to meet the

10  projected needs for schools in coordination with public school

11  boards and may establish differing criteria for schools of

12  different type or size.  Each local government shall include

13  lands contiguous to existing school sites, to the maximum

14  extent possible, within the land use categories in which

15  public schools are an allowable use.  All comprehensive plans

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

17  or the deadline for the local government evaluation and

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

19  a local government to comply with this requirement will result

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

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

22  amendment proposed by a local government for purposes of

23  identifying the land use categories in which public schools

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

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

26  future land use element shall include criteria which encourage

27  the location of schools proximate to urban residential areas

28  to the extent possible and shall require that the local

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

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

31  possible.


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  1         (12)  A public school facilities element adopted to

  2  implement a school concurrency program shall meet the

  3  requirements of this subsection.

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

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

  6  level of service standards will be achieved and maintained.

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

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

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

10  existing educational and ancillary plant map or map series;

11  information on existing development and development

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

13  period; an analysis of problems and opportunities for existing

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

15  opportunities to collocate future schools with other public

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

17  analysis of the need for supporting public facilities for

18  existing and future schools; an analysis of opportunities to

19  locate schools to serve as community focal points; projected

20  future population and associated demographics, including

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

22  long-term planning periods; and anticipated educational and

23  ancillary plants with land area requirements.

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

25  establish the long-term end toward which public school

26  programs and activities are ultimately directed.

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

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

29  that are achievable and mark progress toward the goal.

30

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

  2  each objective which establish the way in which programs and

  3  activities will be conducted to achieve an identified goal.

  4         (e)  The objectives and policies shall address items

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

  6  procedure for school site selection; the procedure for school

  7  permitting; provision of supporting infrastructure; location

  8  of future school sites so they serve as community focal

  9  points; measures to ensure compatibility of school sites and

10  surrounding land uses; coordination with adjacent local

11  governments and the school district on emergency preparedness

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

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

14  conditions map which depicts the anticipated location of

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

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

17  for the 5-year period.

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

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

20  to said section, to read:

21         163.3180  Concurrency.--

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

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

24  applicable, are the only public facilities and services

25  subject to the concurrency requirement on a statewide basis.

26  Additional public facilities and services may not be made

27  subject to concurrency on a statewide basis without

28  appropriate study and approval by the Legislature; however,

29  any local government may extend the concurrency requirement so

30  that it applies to additional public facilities within its

31  jurisdiction.


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

  2  concurrency requirement to public schools, it should first

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

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

  5  provide an opportunity for full participation in this study by

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

  7  technical assistance to local governments that study and

  8  prepare for extension of the concurrency requirement to public

  9  schools. When establishing concurrency requirements for public

10  schools, a local government shall comply with the following

11  criteria for any proposed plan or plan amendment transmitted

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

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

14  with the agreement of the school board.  Public school

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

16  capital improvements element in the local government

17  comprehensive plan, which shall contain a financially feasible

18  public school capital facilities program established in

19  conjunction with the school board that will provide

20  educational facilities at an adequate level of service

21  necessary to implement the adopted local government

22  comprehensive plan.

23         2.  Satisfy the requirement for intergovernmental

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

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

26  shall be established on a districtwide basis and shall include

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

28  district, whether located in a municipality or an

29  unincorporated area. The application of school concurrency to

30  development shall be based upon the adopted comprehensive

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


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

  2  to the state land planning agency the necessary plan

  3  amendments, along with the interlocal agreement, for a

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

  5  concurrency shall not become effective in a county until all

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

  7  adopted the necessary plan amendments, which together with the

  8  interlocal agreement, are determined to be in compliance with

  9  the requirements of this part. The minimum requirements for

10  school concurrency are the following:

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

12  government shall adopt and transmit to the state land planning

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

14  facilities element which is consistent with the requirements

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

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

17  school facilities plan elements within a county must be

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

19  chapter.

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

21  recognizes that an essential requirement for a concurrency

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

23  facility is expected to operate.

24         1.  Local governments and school boards imposing school

25  concurrency shall exercise authority in conjunction with each

26  other to establish jointly an adequate level of service

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

28  Code, necessary to implement the adopted local government

29  comprehensive plan, based on data and analysis.

30         2.  Public school level of service standards shall be

31  included and adopted into the capital improvements element of


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  1  the local comprehensive plan and shall apply districtwide to

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

  3  elementary, middle, and high schools as well as

  4  special-purpose facilities such as magnet schools.

  5         3.  Local governments and school boards shall have the

  6  option to utilize tiered level of service standards to allow

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

  8  circumstances warrant.

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

10  essential requirement for a concurrency system is a

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

12  be measured when an application for a residential development

13  permit is reviewed for school concurrency purposes. This

14  delineation is also important for purposes of determining

15  whether the local government has a financially feasible public

16  school capital facilities program that will provide schools

17  which will achieve and maintain the adopted level of service

18  standards.

19         1.  In order to balance competing interests, preserve

20  the constitutional concept of uniformity, and avoid disruption

21  of existing educational and growth management processes, local

22  governments are encouraged to apply school concurrency to

23  development on a districtwide basis so that a concurrency

24  determination for a specific development will be based upon

25  the availability of school capacity districtwide.

26         2.  For local governments applying school concurrency

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

28  attendance zones or larger school concurrency service areas,

29  local governments and school boards shall have the burden to

30  demonstrate that the utilization of school capacity is

31  maximized to the greatest extent possible in the comprehensive


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  1  plan and amendment, taking into account transportation costs

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

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

  4  the service area boundaries selected by local governments and

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

  6  standards for establishing those boundaries, shall be

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

  8  plan.  Any subsequent change to the service area boundaries

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

10  amendment and shall be exempt from the limitation on the

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

12         3.  Where school capacity is available on a

13  districtwide basis but school concurrency service is applied

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

15  services areas, if the adopted level of service standard

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

17  application for a development permit and if the needed

18  capacity for the particular service area is available in one

19  or more contiguous service areas as adopted by the local

20  government, then the development order shall be issued and

21  mitigation measures shall not be exacted.

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

23  that financial feasibility is an important issue because the

24  premise of concurrency is that the public facilities will be

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

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

27  Administrative Code, contain specific standards to determine

28  the financial feasibility of capital programs. These standards

29  were adopted to make concurrency more predictable and local

30  governments more accountable.

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  1         1.  A comprehensive plan amendment seeking to impose

  2  school concurrency shall contain appropriate amendments to the

  3  capital improvements element of the comprehensive plan,

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

  5  9J-5.016, Florida Administrative Code. The capital

  6  improvements element shall set forth a financially feasible

  7  public school capital facilities program, established in

  8  conjunction with the school board, that demonstrates that the

  9  adopted level of service standards will be achieved and

10  maintained.

11         2.  Such amendments shall demonstrate that the public

12  school capital facilities program meets all of the financial

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

14  Administrative Code, that apply to capital programs which

15  provide the basis for mandatory concurrency on other public

16  facilities and services.

17         3.  When the financial feasibility of a public school

18  capital facilities program is evaluated by the state land

19  planning agency for purposes of a compliance determination,

20  the evaluation shall be based upon the service areas selected

21  by the local governments and school board.

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

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

24  authorizing residential development for failure to achieve and

25  maintain the level of service standard for public school

26  capacity in a local-option school concurrency system where

27  adequate school facilities will be in place or under actual

28  construction within 3 years after permit issuance.

29         (f)  Intergovernmental coordination.--

30         1.  When establishing concurrency requirements for

31  public schools, a local government shall satisfy the


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  1  requirements for intergovernmental coordination set forth in

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

  3  required to be a signatory to the interlocal agreement

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

  5  imposition of school concurrency, and as a nonsignatory shall

  6  not participate in the adopted local school concurrency

  7  system, if the municipality meets all of the following

  8  criteria for having no significant impact on school

  9  attendance:

10         a.  The municipality has issued development orders for

11  fewer than 50 residential dwelling units during the preceding

12  5 years, or the municipality has generated fewer than 25

13  additional public school students during the preceding 5

14  years.

15         b.  The municipality has not annexed new land during

16  the preceding 5 years in land use categories which permit

17  residential uses that will affect school attendance rates.

18         c.  The municipality has no public schools located

19  within its boundaries.

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

21  the boundaries of the municipality has been built upon.

22         2.  A municipality which qualifies as having no

23  significant impact on school attendance pursuant to the

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

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

26  163.3191 whether it continues to meet the criteria.  If the

27  municipality determines that it no longer meets the criteria,

28  it must adopt appropriate school concurrency goals,

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

30  evaluation and appraisal report, and enter into the existing

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


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  1  to fully participate in the school concurrency system.  If

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

  3  enforcement provisions of s. 163.3191.

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

  5  establishing concurrency requirements for public schools, a

  6  local government must enter into an interlocal agreement which

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

  8  the requirements of this subsection.  The interlocal agreement

  9  shall acknowledge both the school board's constitutional and

10  statutory obligations to provide a uniform system of free

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

12  authority of local governments, including their authority to

13  approve or deny comprehensive plan amendments and development

14  orders.  The interlocal agreement shall be submitted to the

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

16  of the compliance review, along with the other necessary

17  amendments to the comprehensive plan required by this part.

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

19  interlocal agreement shall meet the following requirements:

20         1.  Establish the mechanisms for coordinating the

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

22  public school facilities element with each other and the plans

23  of the school board to ensure a uniform districtwide school

24  concurrency system.

25         2.  Establish a process by which each local government

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

27  consistent projections of the amount, type and distribution of

28  population growth and coordinate and share information

29  relating to existing and planned public school facilities

30  projections and proposals for development and redevelopment,

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  1  and infrastructure required to support public school

  2  facilities.

  3         3.  Establish a process for the development of siting

  4  criteria which encourages the location of public schools

  5  proximate to urban residential areas to the extent possible

  6  and seeks to collocate schools with other public facilities

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

  8  possible.

  9         4.  Specify uniform, districtwide level of service

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

11  for modifying the adopted levels of service standards.

12         5.  Establish a process for the preparation, amendment

13  and joint approval by each local government and the school

14  board of a public school capital facilities program which is

15  financially feasible, and a process and schedule for

16  incorporation of the public school capital facilities program

17  into the local government comprehensive plans on an annual

18  basis.

19         6.  Define the geographic application of school

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

21  than districtwide basis in the form of concurrency service

22  areas, the agreement shall establish criteria and standards

23  for the establishment and modification of school concurrency

24  service areas.  The agreement shall also establish a process

25  and schedule for the mandatory incorporation of the school

26  concurrency service areas and the criteria and standards for

27  establishment of the service areas into the local government

28  comprehensive plans.  The agreement shall ensure maximum

29  utilization of school capacity, taking into account

30  transportation costs and court-approved desegregation plans,

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


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  1  achievement and maintenance of the adopted level of service

  2  standards for the geographic area of application throughout

  3  the 5 years covered by the public school capital facilities

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

  5  annual update.

  6         7.  Establish a uniform districtwide procedure for

  7  implementing school concurrency which provides for:

  8         a.  The evaluation of development applications for

  9  compliance with school concurrency requirements;

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

11  comment on the effect of comprehensive plan amendments and

12  rezonings on the public school facilities plan; and

13         c.  The monitoring and evaluation of the school

14  concurrency system.

15         8.  Include provisions relating to termination,

16  suspension and amendment of the agreement.  The agreement

17  shall provide that if the agreement is terminated or

18  suspended, the application of school concurrency shall be

19  terminated or suspended.

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

21  1, 1998, adopt by rule minimum criteria for the review and

22  determination of compliance of a public school facilities

23  element adopted by a local government for purposes of

24  imposition of school concurrency.

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

26  section 163.3191, Florida Statutes, to read:

27         163.3191  Evaluation and appraisal of comprehensive

28  plan.--

29         (2)  The report shall present an assessment and

30  evaluation of the success or failure of the comprehensive

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


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

  2  other forms) related to:

  3         (i)  The coordination of the comprehensive plan with

  4  existing public schools and those identified in the applicable

  5  5-year school district facilities work program adopted

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

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

  8  future land use map and associated planned residential

  9  development with public schools and their capacities, as well

10  as the joint decisionmaking processes engaged in by the local

11  government and the school board in regard to establishing

12  appropriate population projections and the planning and siting

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

14  the local government shall demonstrate that they are not

15  relevant.

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

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

18  Florida, to read:

19         235.185  School district facilities work program;

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

21  work programs.--

22         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

23  the adopted district facilities work program covering the

24  5-year work program, the district school board shall adopt

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

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

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

28  20-year periods. It is recognized that the projections in the

29  10-year and 20-year timeframes are tentative and should be

30  used only for general planning purposes.

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    CS for SB 2474                                 First Engrossed



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

  2  Statutes, is amended to read:

  3         235.19  Site planning and selection.--

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

  5  shall determine the location of proposed educational centers

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

  7  board shall consider existing and anticipated site needs and

  8  the most economical and practicable locations of sites.  The

  9  board shall coordinate with the long-range or comprehensive

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

11  assure the compatibility of such plans with site planning.

12  Boards are encouraged to locate schools proximate to urban

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

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

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

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

17  Statutes, is amended to read:

18         235.193  Coordination of planning with local governing

19  bodies.--

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

21  share and coordinate information related to existing and

22  planned public school facilities; proposals for development,

23  redevelopment, or additional development; and infrastructure

24  required to support the public school facilities, concurrent

25  with proposed development. A school board shall use Department

26  of Education enrollment projections when preparing the 5-year

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

28  school board shall affirmatively demonstrate in the

29  educational facilities report consideration of local

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

31  work program not only reflects enrollment projections but also


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






    CS for SB 2474                                 First Engrossed



  1  considers applicable municipal and county growth and

  2  development projections. A school board is precluded from

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

  4  has failed to provide the annual educational facilities report

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

  6  failure is corrected.

  7         Section 7.  Until the minimum criteria for a public

  8  school facilities element adopted for purposes of imposition

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

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

11  agency shall utilize the minimum criteria for a public school

12  facilities element adopted for purposes of imposition of

13  school concurrency contained in the Final Report and Consensus

14  Text by the Department of Community Affairs Public School

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

16  compliance review of any such element.

17         Section 8.  Any county whose adopted public school

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

19  the Administration Commission prior to the effective date of

20  this act may implement its public school facilities element in

21  accordance with the general law concerning public school

22  facilities concurrency in effect when the final order was

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

24  appellate court decision. The county shall comply with the

25  requirements of the final order, consistent with any appellate

26  decision, in implementing its public school facilities element

27  and in adopting any necessary amendment to its comprehensive

28  plan.

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

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