House Bill 3985

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







    Florida House of Representatives - 1998                HB 3985

        By Representative Silver






  1                      A bill to be entitled

  2         An act relating to local government

  3         comprehensive planning; amending s. 163.3177,

  4         F.S.; requiring the inclusion of a public

  5         schools element in a local government's

  6         comprehensive plan; amending s. 163.3180, F.S.;

  7         providing that public school facilities are

  8         subject to the concurrency requirement on a

  9         statewide basis; providing an effective date.

10

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

12

13         Section 1.  Paragraph (k) is added to subsection (6) of

14  section 163.3177, Florida Statutes, and paragraph (e) of

15  subsection (7) of said section is amended, to read:

16         163.3177  Required and optional elements of

17  comprehensive plan; studies and surveys.--

18         (6)  In addition to the requirements of subsections

19  (1)-(5), the comprehensive plan shall include the following

20  elements:

21         (k)  A public schools element consisting of plans and

22  specifications for a financially feasible system of public

23  school facilities adequate for the population to be served

24  developed in accordance with s. 235.193.

25         (7)  The comprehensive plan may include the following

26  additional elements, or portions or phases thereof:

27         (e)  A public buildings and related facilities element

28  showing locations and arrangements of civic and community

29  centers, public schools, hospitals, libraries, police and fire

30  stations, and other public buildings. This plan element should

31  show particularly how it is proposed to effect coordination

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    Florida House of Representatives - 1998                HB 3985

    586-105A-98






  1  with governmental units, such as school boards or hospital

  2  authorities, having public development and service

  3  responsibilities, capabilities, and potential but not having

  4  land development regulatory authority.  This element may

  5  include plans for architecture and landscape treatment of

  6  their grounds.

  7         Section 2.  Subsection (1) and paragraph (a) of

  8  subsection (2) of section 163.3180, Florida Statutes, are

  9  amended to read:

10         163.3180  Concurrency.--

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

12  potable water, parks and recreation, public schools, and mass

13  transit, where applicable, are the only public facilities and

14  services subject to the concurrency requirement on a statewide

15  basis. Additional public facilities and services may not be

16  made subject to concurrency on a statewide basis without

17  appropriate study and approval by the Legislature; however,

18  any local government may extend the concurrency requirement so

19  that it applies to additional public facilities within its

20  jurisdiction.

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

22  concurrency requirement to public schools, it should first

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

24  and shared by all affected parties.  The local government

25  shall provide an opportunity for full participation in this

26  study by the school board. The state land planning agency may

27  provide technical assistance to local governments that study

28  and prepare for extension of the concurrency requirement to

29  public schools.  When establishing concurrency requirements

30  for public schools, a local government shall comply with the

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    Florida House of Representatives - 1998                HB 3985

    586-105A-98






  1  following criteria for any proposed plan or plan amendment

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

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

  4  with the agreement of the school board.  Public school

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

  6  capital improvements element in the local government

  7  comprehensive plan, which shall contain a financially feasible

  8  public school capital facilities program established in

  9  conjunction with the school board that will provide

10  educational facilities at an adequate level of service

11  necessary to implement the adopted local government

12  comprehensive plan.

13         2.  Satisfy the requirement for intergovernmental

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

15         (2)(a)  Consistent with public health and safety,

16  public school, sanitary sewer, solid waste, drainage, and

17  potable water facilities shall be in place and available to

18  serve new development no later than the issuance by the local

19  government of a certificate of occupancy or its functional

20  equivalent.

21         Section 3.  This act shall take effect October 1 of the

22  year in which enacted.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Requires that a public schools element be included in a
27    local government's comprehensive plan and provides that
      public school facilities are subject to the concurrency
28    requirement.

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