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





                                                   HOUSE AMENDMENT

    hbd4377-05                              Bill No. CS/CS/HB 4377

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Silver offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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

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

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

20         163.3177  Required and optional elements of

21  comprehensive plan; studies and surveys.--

22         (6)  In addition to the requirements of subsections

23  (1)-(5), the comprehensive plan shall include the following

24  elements:

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

26  specifications for a financially feasible system of public

27  school facilities adequate for the population to be served

28  developed in accordance with s. 235.193.

29         (7)  The comprehensive plan may include the following

30  additional elements, or portions or phases thereof:

31         (e)  A public buildings and related facilities element

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    File original & 9 copies    04/22/98
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                                                   HOUSE AMENDMENT

    hbd4377-05                              Bill No. CS/CS/HB 4377

    Amendment No.     (for drafter's use only)





 1  showing locations and arrangements of civic and community

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

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

 4  show particularly how it is proposed to effect coordination

 5  with governmental units, such as school boards or hospital

 6  authorities, having public development and service

 7  responsibilities, capabilities, and potential but not having

 8  land development regulatory authority.  This element may

 9  include plans for architecture and landscape treatment of

10  their grounds.

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

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

13  amended to read:

14         163.3180  Concurrency.--

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

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

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

18  services subject to the concurrency requirement on a statewide

19  basis. Additional public facilities and services may not be

20  made subject to concurrency on a statewide basis without

21  appropriate study and approval by the Legislature; however,

22  any local government may extend the concurrency requirement so

23  that it applies to additional public facilities within its

24  jurisdiction.

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

26  concurrency requirement to public schools, it should first

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

28  and shared by all affected parties.  The local government

29  shall provide an opportunity for full participation in this

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

31  provide technical assistance to local governments that study

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    File original & 9 copies    04/22/98
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                                                   HOUSE AMENDMENT

    hbd4377-05                              Bill No. CS/CS/HB 4377

    Amendment No.     (for drafter's use only)





 1  and prepare for extension of the concurrency requirement to

 2  public schools.  When establishing concurrency requirements

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

 4  following criteria for any proposed plan or plan amendment

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

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

 7  with the agreement of the school board.  Public school

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

 9  capital improvements element in the local government

10  comprehensive plan, which shall contain a financially feasible

11  public school capital facilities program established in

12  conjunction with the school board that will provide

13  educational facilities at an adequate level of service

14  necessary to implement the adopted local government

15  comprehensive plan.

16         2.  Satisfy the requirement for intergovernmental

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

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

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

20  potable water facilities shall be in place and available to

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

22  government of a certificate of occupancy or its functional

23  equivalent.

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

25  year in which enacted.

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27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30  remove from the title of the bill:  the entire title

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    File original & 9 copies    04/22/98
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                                                   HOUSE AMENDMENT

    hbd4377-05                              Bill No. CS/CS/HB 4377

    Amendment No.     (for drafter's use only)





 1  and insert in lieu thereof:

 2                      A bill to be entitled

 3         An act relating to local government

 4         comprehensive planning; amending s. 163.3177,

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

 6         schools element in a local government's

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

 8         providing that public school facilities are

 9         subject to the concurrency requirement on a

10         statewide basis; providing an effective date.

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    File original & 9 copies    04/22/98
    hbd0021                     11:53 am         04377-0089-035213