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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11 Representative(s) Silver offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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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
hbd0021 11:53 am 04377-0089-035213
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
hbd0021 11:53 am 04377-0089-035213
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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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
hbd0021 11:53 am 04377-0089-035213
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