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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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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