House Bill 3283

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    Florida House of Representatives - 1998                HB 3283

        By Representative Andrews






  1                      A bill to be entitled

  2         An act relating to local government planning;

  3         creating s. 163.3182, F.S.; requiring each

  4         district school board to meet annually with the

  5         board of county commissioners and with

  6         municipal governing bodies to plan for

  7         educational facilities; providing for notice;

  8         requiring a report; providing for arbitration;

  9         providing a penalty; providing an effective

10         date.

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

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14         Section 1.  Section 163.3182, Florida Statutes, is

15  created to read:

16         163.3182  Annual meetings regarding educational

17  facilities.--

18         (1)  In each county, the district school board and the

19  board of county commissioners shall meet annually in a public

20  meeting, and the district school board and the governing

21  bodies of all municipalities within the county shall meet

22  annually in a public meeting. These meetings shall be

23  scheduled on dates which will allow coordination with the

24  local government's schedule for amendment and for evaluation

25  and appraisal of its adopted comprehensive plan. The meetings

26  shall be held after 5 p.m., if scheduled on a day other than

27  Saturday, and no meeting shall be held on a Sunday. Notice of

28  each meeting shall be published at least 7 days, but not more

29  than 15 days, prior to the meeting. The notice shall be no

30  less than one-quarter page in a standard size or a tabloid

31  size newspaper, and the headline in the notice shall be in a

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    Florida House of Representatives - 1998                HB 3283

    571-141A-98






  1  type no smaller than 18 point. The notice shall not be placed

  2  in that portion of the newspaper where legal notices and

  3  classified advertisements appear. The notice shall be

  4  published in a newspaper of general paid circulation in the

  5  county or municipality, as applicable, and of general interest

  6  and readership in the community pursuant to chapter 50, not

  7  one of limited subject matter. The notice shall appear in a

  8  newspaper that is published at least 5 days a week unless the

  9  only newspaper in the community is published less than 5 days

10  a week.

11         (2)  The purpose of these meetings shall be to

12  facilitate the coordination of planning between the school

13  boards and the local governing bodies to ensure that plans for

14  the construction and opening of public educational facilities

15  are facilitated and coordinated in time and place with plans

16  for residential development, concurrently with other necessary

17  services, in accordance with the standards and requirements of

18  this part and chapter 235. At the conclusion of these

19  meetings, the participating bodies shall make specific

20  findings regarding the status of such coordination and shall

21  describe actions that they intend to take during the following

22  year to establish and support a financially feasible system of

23  public school facilities adequate for the population to be

24  served. If the participating bodies are not able to agree on

25  these specific findings and actions, they shall initiate

26  binding arbitration proceedings immediately in order to

27  resolve the issues that are in dispute, under the direction of

28  the Florida Conflict Resolution Consortium. A full report of

29  each meeting and the resulting findings and action statements

30  shall be submitted to the Department of Community Affairs no

31  later than 60 days after the date of the meeting, or 60 days

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    Florida House of Representatives - 1998                HB 3283

    571-141A-98






  1  after the conclusion of arbitration proceedings, if such

  2  proceedings are necessary.

  3         (3)  The initial meetings shall be held no later than

  4  October 1, 1998. At the initial meetings a schedule shall be

  5  established for subsequent annual meetings, and the schedule

  6  shall be submitted to the Department of Community Affairs. If

  7  a meeting required by this section is not held, or if the

  8  report required by this section is not made to the department,

  9  each member of the district school board, and each member of

10  the board of county commissioners or municipal governing

11  boards, as applicable, shall be subject to a fine of $100 per

12  day until the meeting is held or the report is submitted. If

13  an initial meeting is not held, the fine shall be calculated

14  beginning October 2, 1998. If a subsequent annual meeting is

15  not held, the fine shall be calculated beginning the day after

16  the meeting was scheduled, or if no meeting was scheduled,

17  beginning October 2 of the applicable year. If a meeting is

18  held and the required report is not made, the fine shall be

19  calculated beginning the day after the report was due. Neither

20  public funds of the board which the member represents nor

21  funds received as a campaign contribution by the member in

22  connection with his or her election to that board shall be

23  used to pay a fine imposed under this section.

24         Section 2.  This act shall take effect upon becoming a

25  law.

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    Florida House of Representatives - 1998                HB 3283

    571-141A-98






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  2                          HOUSE SUMMARY

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      Requires each district school board to meet annually with
  4    the board of county commissioners and with municipal
      governing boards to plan for educational facilities.
  5    Provides for notice and requires a report of each meeting
      to the Department of Community Affairs. Provides for
  6    arbitration if the participants cannot agree. Imposes a
      fine of $100 a day on individual board members if the
  7    meetings are not held or the reports not made.

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