House Bill 4377e1

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                                    CS/CS/HB 4377, First Engrossed



  1                      A bill to be entitled

  2         An act relating to planning for educational

  3         facilities; amending s. 163.3177, F.S.;

  4         requiring that the future land use element of a

  5         local government's comprehensive plan include

  6         certain criteria relating to location of

  7         schools; specifying the date by which such

  8         plans must comply and providing effect of

  9         noncompliance; providing requirements with

10         respect to the data and analyses on which a

11         public school facilities element to implement a

12         school concurrency program should be based;

13         providing for goals, objectives, and policies;

14         providing for future conditions maps; amending

15         s. 163.3180, F.S.; revising requirements for

16         imposition of a school concurrency requirement

17         by a local government and for the local

18         government comprehensive plan or plan amendment

19         to implement such requirement; requiring a

20         public schools facilities element; providing

21         requirements for level of service standards;

22         providing requirements for designation of

23         service areas; providing requirements with

24         respect to financial feasibility; specifying an

25         availability standard; requiring that

26         intergovernmental coordination requirements be

27         satisfied and providing that certain

28         municipalities are not required to be a

29         signatory of the required interlocal agreement;

30         providing duties of such municipalities to

31         evaluate their status and enter into the


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                                    CS/CS/HB 4377, First Engrossed



  1         interlocal agreement when required, and

  2         providing effect of failure to do so; providing

  3         requirements with respect to the interlocal

  4         agreement; directing the state land planning

  5         agency to adopt by rule minimum criteria for

  6         review and determination of compliance of a

  7         public schools facilities element; amending s.

  8         163.3191, F.S.; providing that the local

  9         planning agency's periodic report on the

10         comprehensive plan shall assess the

11         coordination of the plan with public schools;

12         amending s. 235.185, F.S.; directing school

13         boards to adopt annually 10-year and 20-year

14         work programs in addition to the required

15         5-year district facilities work program;

16         amending s. 235.19, F.S.; providing a directive

17         to school boards with respect to school

18         location; amending s. 235.193, F.S.; providing

19         requirements for the 5-year district facilities

20         work program with respect to enrollment and

21         population projections; precluding the siting

22         of new schools in certain jurisdictions;

23         creating s. 235.2157, F.S.; defining "small

24         school"; requiring that school districts plan

25         construction of small schools only after July

26         1, 1998 and that this be reflected in the

27         5-year school district facilities work plan;

28         providing for application; requiring small

29         schools to comply with racial balance

30         requirements; authorizing the commissioner to

31         revise certain requirements under certain


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                                    CS/CS/HB 4377, First Engrossed



  1         circumstances; requiring the commissioner to

  2         make certain recommendations to the

  3         Legislature; providing for interim use of

  4         certain criteria by the state land planning

  5         agency in compliance review of a public school

  6         facilities element; providing for

  7         implementation of an alternative public schools

  8         concurrency system by counties subject to a

  9         final order by the Administration Commission;

10         providing an effective date.

11

12         WHEREAS, the Legislature recognizes the need to

13  determine educational facility needs as Florida continues to

14  grow, and the need to ensure that local school districts have

15  adequate funds to finance needed educational facilities, and

16         WHEREAS, the Legislature recognizes that the state has

17  an interest in school concurrency because public education is

18  a state responsibility and because of the role of the state in

19  the administration of statewide growth management policy, and

20         WHEREAS, the Legislature recognizes that state policy

21  on school concurrency is incomplete, and

22         WHEREAS, it is the intent of the Legislature that local

23  governments retain the authority to impose school concurrency

24  on a local option basis within clearly defined parameters

25  established by the state in statutes and rules, and

26         WHEREAS, it is the intent of the Legislature to

27  increase predictability and minimize conflict and litigation

28  in local governments which choose to impose school

29  concurrency, and

30         WHEREAS, it is the intent of the Legislature that

31  school concurrency, where implemented, should improve the


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                                    CS/CS/HB 4377, First Engrossed



  1  state's educational system as well as advance the state's

  2  integrated planning and growth management system, NOW,

  3  THEREFORE,

  4

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

  6

  7         Section 1.  Paragraph (a) of subsection (6) of section

  8  163.3177, Florida Statutes, is amended, and subsection (12) is

  9  added to said section, to read:

10         163.3177  Required and optional elements of

11  comprehensive plan; studies and surveys.--

12         (6)  In addition to the requirements of subsections

13  (1)-(5), the comprehensive plan shall include the following

14  elements:

15         (a)  A future land use plan element designating

16  proposed future general distribution, location, and extent of

17  the uses of land for residential uses, commercial uses,

18  industry, agriculture, recreation, conservation, education,

19  public buildings and grounds, other public facilities, and

20  other categories of the public and private uses of land.  The

21  future land use plan shall include standards to be followed in

22  the control and distribution of population densities and

23  building and structure intensities.  The proposed

24  distribution, location, and extent of the various categories

25  of land use shall be shown on a land use map or map series

26  which shall be supplemented by goals, policies, and measurable

27  objectives.  Each land use category shall be defined in terms

28  of the types of uses included and specific standards for the

29  density or intensity of use.  The future land use plan shall

30  be based upon surveys, studies, and data regarding the area,

31  including the amount of land required to accommodate


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                                    CS/CS/HB 4377, First Engrossed



  1  anticipated growth; the projected population of the area; the

  2  character of undeveloped land; the availability of public

  3  services; and the need for redevelopment, including the

  4  renewal of blighted areas and the elimination of nonconforming

  5  uses which are inconsistent with the character of the

  6  community. The future land use plan may designate areas for

  7  future planned development use involving combinations of types

  8  of uses for which special regulations may be necessary to

  9  ensure development in accord with the principles and standards

10  of the comprehensive plan and this act.  The future land use

11  plan of a county may also designate areas for possible future

12  municipal incorporation.  The land use maps or map series

13  shall generally identify and depict historic district

14  boundaries and shall designate historically significant

15  properties meriting protection.  The future land use element

16  must clearly identify the land use categories in which public

17  schools are an allowable use.  When delineating the land use

18  categories in which public schools are an allowable use, a

19  local government shall include in the categories sufficient

20  land proximate to residential development to meet the

21  projected needs for schools in coordination with public school

22  boards and may establish differing criteria for schools of

23  different type or size.  Each local government shall include

24  lands contiguous to existing school sites, to the maximum

25  extent possible, within the land use categories in which

26  public schools are an allowable use.  All comprehensive plans

27  must comply with this paragraph no later than October 1, 1999,

28  or the deadline for the local government evaluation and

29  appraisal report, whichever occurs first 1996. The failure by

30  a local government to comply with this requirement will result

31  in the prohibition of the local government's ability to amend


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                                    CS/CS/HB 4377, First Engrossed



  1  the local comprehensive plan as provided by s. 163.3187(6). An

  2  amendment proposed by a local government for purposes of

  3  identifying the land use categories in which public schools

  4  are an allowable use is exempt from the limitation on the

  5  frequency of plan amendments contained in s. 163.3187. The

  6  future land use element shall include criteria which encourage

  7  the location of schools proximate to urban residential areas

  8  to the extent possible and shall require that the local

  9  government seek to collocate public facilities, such as parks,

10  libraries, and community centers, with schools to the extent

11  possible.

12         (12)  A public school facilities element adopted to

13  implement a school concurrency program shall meet the

14  requirements of this subsection.

15         (a)  A public school facilities element shall be based

16  upon data and analyses that address, among other items, how

17  level of service standards will be achieved and maintained.

18  Such data and analyses must include, at a minimum, such items

19  as: the 5-year school district facilities work program adopted

20  pursuant to s. 235.185; the educational plant survey and an

21  existing educational and ancillary plant map or map series;

22  information on existing development and development

23  anticipated for the next 5 years and the long-term planning

24  period; an analysis of problems and opportunities for existing

25  schools and schools anticipated in the future; an analysis of

26  opportunities to collocate future schools with other public

27  facilities such as parks, libraries, and community centers; an

28  analysis of the need for supporting public facilities for

29  existing and future schools; an analysis of opportunities to

30  locate schools to serve as community focal points; projected

31  future population and associated demographics, including


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                                    CS/CS/HB 4377, First Engrossed



  1  development patterns year by year for the upcoming 5-year and

  2  long-term planning periods; and anticipated educational and

  3  ancillary plants with land area requirements.

  4         (b)  The element shall contain one or more goals which

  5  establish the long-term end toward which public school

  6  programs and activities are ultimately directed.

  7         (c)  The element shall contain one or more objectives

  8  for each goal, setting specific, measurable, intermediate ends

  9  that are achievable and mark progress toward the goal.

10         (d)  The element shall contain one or more policies for

11  each objective which establish the way in which programs and

12  activities will be conducted to achieve an identified goal.

13         (e)  The objectives and policies shall address items

14  such as: the procedure for an annual update process; the

15  procedure for school site selection; the procedure for school

16  permitting; provision of supporting infrastructure; location

17  of future school sites so they serve as community focal

18  points; measures to ensure compatibility of school sites and

19  surrounding land uses; coordination with adjacent local

20  governments and the school district on emergency preparedness

21  issues; and coordination with the future land use element.

22         (f)  The element shall include one or more future

23  conditions maps which depict the anticipated location of

24  educational and ancillary plants. The maps will of necessity

25  be general for the long-term planning period and more specific

26  for the 5-year period.

27         Section 2.  Subsection (1) of section 163.3180, Florida

28  Statutes, is amended, and subsections (12) and (13) are added

29  to said section, to read:

30         163.3180  Concurrency.--

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                                    CS/CS/HB 4377, First Engrossed



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

  2  potable water, parks and recreation, and mass transit, where

  3  applicable, are the only public facilities and services

  4  subject to the concurrency requirement on a statewide basis.

  5  Additional public facilities and services may not be made

  6  subject to concurrency on a statewide basis without

  7  appropriate study and approval by the Legislature; however,

  8  any local government may extend the concurrency requirement so

  9  that it applies to additional public facilities within its

10  jurisdiction.

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

12  concurrency requirement to public schools, it should first

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

14  and shared by all affected parties. The local government shall

15  provide an opportunity for full participation in this study by

16  the school board. The state land planning agency may provide

17  technical assistance to local governments that study and

18  prepare for extension of the concurrency requirement to public

19  schools. When establishing concurrency requirements for public

20  schools, a local government shall comply with the following

21  criteria for any proposed plan or plan amendment transmitted

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

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

24  with the agreement of the school board.  Public school

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

26  capital improvements element in the local government

27  comprehensive plan, which shall contain a financially feasible

28  public school capital facilities program established in

29  conjunction with the school board that will provide

30  educational facilities at an adequate level of service

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                                    CS/CS/HB 4377, First Engrossed



  1  necessary to implement the adopted local government

  2  comprehensive plan.

  3         2.  Satisfy the requirement for intergovernmental

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

  5         (12)  School concurrency, if imposed by local option,

  6  shall be established on a districtwide basis and shall include

  7  all public schools in the district and all portions of the

  8  district, whether located in a municipality or an

  9  unincorporated area. The application of school concurrency to

10  development shall be based upon the adopted comprehensive

11  plan, as amended.  All local governments within a county,

12  except as provided in paragraph (f), shall adopt and transmit

13  to the state land planning agency the necessary plan

14  amendments, along with the interlocal agreement, for a

15  compliance review pursuant to s. 163.3184(7) and (8). School

16  concurrency shall not become effective in a county until all

17  local governments, except as provided in paragraph (f), have

18  adopted the necessary plan amendments, which together with the

19  interlocal agreement, are determined to be in compliance with

20  the requirements of this part.  The minimum requirements for

21  school concurrency are the following:

22         (a)  Public school facilities element.--A local

23  government shall adopt and transmit to the state land planning

24  agency a plan or plan amendment which includes a public school

25  facilities element which is consistent with the requirements

26  of s. 163.3177(12) and which is determined to be in compliance

27  as defined in s. 163.3184(1)(b).  All local government public

28  school facilities plan elements within a county must be

29  consistent with each other as well as the requirements of this

30  part.

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                                    CS/CS/HB 4377, First Engrossed



  1         (b)  Level of service standards.--The Legislature

  2  recognizes that an essential requirement for a concurrency

  3  management system is the level of service at which a public

  4  facility is expected to operate.

  5         1.  Local governments and school boards imposing school

  6  concurrency shall exercise authority in conjunction with each

  7  other to establish jointly adequate level of service

  8  standards, as defined in rule 9J-5, Florida Administrative

  9  Code, necessary to implement the adopted local government

10  comprehensive plan, based on data and analysis.

11         2.  Public school level of service standards shall be

12  included and adopted into the capital improvements element of

13  the local comprehensive plan and shall apply districtwide to

14  all schools of the same type. Types of schools may include

15  elementary, middle, and high schools as well as

16  special-purpose facilities such as magnet schools.

17         3.  Local governments and school boards shall have the

18  option to utilize tiered level of service standards to allow

19  time to achieve an adequate and desirable level of service as

20  circumstances warrant.

21         (c)  Service areas.--The Legislature recognizes that an

22  essential requirement for a concurrency system is a

23  designation of the area within which the level of service will

24  be measured when an application for a residential development

25  permit is reviewed for school concurrency purposes. This

26  delineation is also important for purposes of determining

27  whether the local government has a financially feasible public

28  school capital facilities program that will provide schools

29  which will achieve and maintain the adopted level of service

30  standards.

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                                    CS/CS/HB 4377, First Engrossed



  1         1.  In order to balance competing interests, preserve

  2  the constitutional concept of uniformity, and avoid disruption

  3  of existing educational and growth management processes, local

  4  governments are encouraged to apply school concurrency to

  5  development on a districtwide basis so that a concurrency

  6  determination for a specific development will be based upon

  7  the availability of school capacity districtwide.

  8         2.  For local governments applying school concurrency

  9  on a less than districtwide basis, such as utilizing school

10  attendance zones or larger school concurrency service areas,

11  local governments and school boards shall have the burden to

12  demonstrate that the utilization of school capacity is

13  maximized to the greatest extent possible in the comprehensive

14  plan and amendment, taking into account transportation costs

15  and court-approved desegregation plans, as well as other

16  factors. In addition, in order to achieve concurrency within

17  the service area boundaries selected by local governments and

18  school boards, the service area boundaries, together with the

19  standards for establishing those boundaries, shall be

20  identified, included, and adopted as part of the comprehensive

21  plan.  Any subsequent change to the service area boundaries

22  for purposes of a school concurrency system shall be by plan

23  amendment and shall be exempt from the limitation on the

24  frequency of plan amendments in s. 163.3187(1).

25         3.  Where school capacity is available on a

26  districtwide basis but school concurrency is applied on a less

27  than districtwide basis in the form of concurrency service

28  areas, if the adopted level of service standard cannot be met

29  in a particular service area as applied to an application for

30  a development permit and if the needed capacity for the

31  particular service area is available in one or more contiguous


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                                    CS/CS/HB 4377, First Engrossed



  1  service areas, as adopted by the local government, then the

  2  development order shall be issued and mitigation measures

  3  shall not be exacted.

  4         (d)  Financial feasibility.--The Legislature recognizes

  5  that financial feasibility is an important issue because the

  6  premise of concurrency is that the public facilities will be

  7  provided in order to achieve and maintain the adopted level of

  8  service standard. This part and chapter 9J-5, Florida

  9  Administrative Code, contain specific standards to determine

10  the financial feasibility of capital programs. These standards

11  were adopted to make concurrency more predictable and local

12  governments more accountable.

13         1.  A comprehensive plan amendment seeking to impose

14  school concurrency shall contain appropriate amendments to the

15  capital improvements element of the comprehensive plan,

16  consistent with the requirements of s. 163.3177(3) and rule

17  9J-5.016, Florida Administrative Code. The capital

18  improvements element shall set forth a financially feasible

19  public school capital facilities program, established in

20  conjunction with the school board, that demonstrates that the

21  adopted level of service standards will be achieved and

22  maintained.

23         2.  Such amendments shall demonstrate that the public

24  school capital facilities program meets all of the financial

25  feasibility standards of this part and chapter 9J-5, Florida

26  Administrative Code, that apply to capital programs which

27  provide the basis for mandatory concurrency on other public

28  facilities and services.

29         3.  When the financial feasibility of a public school

30  capital facilities program is evaluated by the state land

31  planning agency for purposes of a compliance determination,


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                                    CS/CS/HB 4377, First Engrossed



  1  the evaluation shall be based upon the service areas selected

  2  by the local governments and school board.

  3         (e)  Availability standard.--Consistent with the public

  4  welfare, a local government may not deny a development permit

  5  authorizing residential development for failure to achieve and

  6  maintain the level of service standard for public school

  7  capacity in a local option school concurrency system where

  8  adequate school facilities will be in place or under actual

  9  construction within 3 years after permit issuance.

10         (f)  Intergovernmental coordination.--

11         1.  When establishing concurrency requirements for

12  public schools, a local government shall satisfy the

13  requirements for intergovernmental coordination set forth in

14  s. 163.3177(6)(h)1. and 2., except that a municipality is not

15  required to be a signatory to the interlocal agreement

16  required by s. 163.3177(6)(h)2. as a prerequisite for

17  imposition of school concurrency, and as a nonsignatory shall

18  not participate in the adopted local school concurrency

19  system, if the municipality meets all of the following

20  criteria for having no significant impact on school

21  attendance:

22         a.  The municipality has issued development orders for

23  fewer than 50 residential dwelling units during the preceding

24  5 years, or the municipality has generated fewer than 25

25  additional public school students during the preceding 5

26  years.

27         b.  The municipality has not annexed new land during

28  the preceding 5 years in land use categories which permit

29  residential uses that will affect school attendance rates.

30         c.  The municipality has no public schools located

31  within its boundaries.


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                                    CS/CS/HB 4377, First Engrossed



  1         d.  At least 80 percent of the developable land within

  2  the boundaries of the municipality has been built upon.

  3         2.  A municipality which qualifies as having no

  4  significant impact on school attendance pursuant to the

  5  criteria of subparagraph 1. must review and determine at the

  6  time of its evaluation and appraisal report pursuant to s.

  7  163.3191 whether it continues to meet the criteria.  If the

  8  municipality determines that it no longer meets the criteria,

  9  it must adopt appropriate school concurrency goals,

10  objectives, and policies in its plan amendments based on the

11  evaluation and appraisal report, and enter into the existing

12  interlocal agreement required by s. 163.3177(6)(h)2., in order

13  to fully participate in the school concurrency system.  If

14  such a municipality fails to do so, it will be subject to the

15  enforcement provisions of s. 163.3191.

16         (g)  Interlocal agreement for school concurrency.--When

17  establishing concurrency requirements for public schools, a

18  local government must enter into an interlocal agreement which

19  satisfies the requirements in s. 163.3177(6)(h)1. and 2. and

20  the requirements of this subsection.  The interlocal agreement

21  shall acknowledge both the school board's constitutional and

22  statutory obligations to provide a uniform system of free

23  public schools on a countywide basis, and the land use

24  authority of local governments, including their authority to

25  approve or deny comprehensive plan amendments and development

26  orders.  The interlocal agreement shall be submitted to the

27  state land planning agency by the local government as a part

28  of the compliance review, along with the other necessary

29  amendments to the comprehensive plan required by this part.

30  In addition to the requirements of s. 163.3177(6)(h), the

31  interlocal agreement shall meet the following requirements:


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                                    CS/CS/HB 4377, First Engrossed



  1         1.  Establish the mechanisms for coordinating the

  2  development, adoption, and amendment of each local

  3  government's public school facilities element with each other

  4  and the plans of the school board to ensure a uniform

  5  districtwide school concurrency system.

  6         2.  Establish a process by which each local government

  7  and the school board shall agree and base their plans on

  8  consistent projections of the amount, type, and distribution

  9  of population growth and coordinate and share information

10  relating to existing and planned public school facilities

11  projections and proposals for development and redevelopment,

12  and infrastructure required to support public school

13  facilities.

14         3.  Establish a process for the development of siting

15  criteria which encourages the location of public schools

16  proximate to urban residential areas to the extent possible

17  and seeks to collocate schools with other public facilities

18  such as parks, libraries, and community centers to the extent

19  possible.

20         4.  Specify uniform, districtwide level of service

21  standards for public schools of the same type and the process

22  for modifying the adopted levels of service standards.

23         5.  Establish a process for the preparation, amendment,

24  and joint approval by each local government and the school

25  board of a public school capital facilities program which is

26  financially feasible, and a process and schedule for

27  incorporation of the public school capital facilities program

28  into the local government comprehensive plans on an annual

29  basis.

30         6.  Define the geographic application of school

31  concurrency.  If school concurrency is to be applied on a less


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                                    CS/CS/HB 4377, First Engrossed



  1  than districtwide basis in the form of concurrency service

  2  areas, the agreement shall establish criteria and standards

  3  for the establishment and modification of school concurrency

  4  service areas.  The agreement shall also establish a process

  5  and schedule for the mandatory incorporation of the school

  6  concurrency service areas and the criteria and standards for

  7  establishment of the service areas into the local government

  8  comprehensive plans.  The agreement shall ensure maximum

  9  utilization of school capacity, taking into account

10  transportation costs and court-approved desegregation plans,

11  as well as other factors.  The agreement shall also ensure the

12  achievement and maintenance of the adopted level of service

13  standards for the geographic area of application throughout

14  the 5 years covered by the public school capital facilities

15  plan and thereafter by adding a new fifth year during the

16  annual update.

17         7.  Establish a uniform districtwide procedure for

18  implementing school concurrency which provides for:

19         a.  The evaluation of development applications for

20  compliance with school concurrency requirements;

21         b.  An opportunity for the school board to review and

22  comment on the effect of comprehensive plan amendments and

23  rezonings on the public school facilities plan; and

24         c.  The monitoring and evaluation of the school

25  concurrency system.

26         8.  Include provisions relating to termination,

27  suspension, and amendment of the agreement.  The agreement

28  shall provide that if the agreement is terminated or

29  suspended, the application of school concurrency shall be

30  terminated or suspended.

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                                    CS/CS/HB 4377, First Engrossed



  1         (13)  The state land planning agency shall, by October

  2  1, 1998, adopt by rule minimum criteria for the review and

  3  determination of compliance of a public school facilities

  4  element adopted by a local government for purposes of

  5  imposition of school concurrency.

  6         Section 3.  Paragraph (i) is added to subsection (2) of

  7  section 163.3191, Florida Statutes, to read:

  8         163.3191  Evaluation and appraisal of comprehensive

  9  plan.--

10         (2)  The report shall present an assessment and

11  evaluation of the success or failure of the comprehensive

12  plan, or element or portion thereof, and shall contain

13  appropriate statements (using words, maps, illustrations, or

14  other forms) related to:

15         (i)  The coordination of the comprehensive plan with

16  existing public schools and those identified in the applicable

17  5-year school district facilities work program adopted

18  pursuant to s. 235.185. The assessment shall address, where

19  relevant, the success or failure of the coordination of the

20  future land use map and associated planned residential

21  development with public schools and their capacities, as well

22  as the joint decisionmaking processes engaged in by the local

23  government and the school board in regard to establishing

24  appropriate population projections and the planning and siting

25  of public school facilities. If the issues are not relevant,

26  the local government shall demonstrate that they are not

27  relevant.

28         Section 4.  Subsection (5) is added to section 235.185,

29  Florida Statutes, as created by chapter 97-384, Laws of

30  Florida, to read:

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                                    CS/CS/HB 4377, First Engrossed



  1         235.185  School district facilities work program;

  2  definitions; preparation, adoption, and amendment; long-term

  3  work programs.--

  4         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

  5  the adopted district facilities work program covering the

  6  5-year work program, the district school board shall adopt

  7  annually a 10-year and a 20-year work program which include

  8  the information set forth in subsection (2), but based upon

  9  enrollment projections and facility needs for the 10-year and

10  20-year periods. It is recognized that the projections in the

11  10-year and 20-year timeframes are tentative and should be

12  used only for general planning purposes.

13         Section 5.  Subsection (1) of section 235.19, Florida

14  Statutes, is amended to read:

15         235.19  Site planning and selection.--

16         (1)  Before acquiring property for sites, each board

17  shall determine the location of proposed educational centers

18  or campuses for the board.  In making this determination, the

19  board shall consider existing and anticipated site needs and

20  the most economical and practicable locations of sites.  The

21  board shall coordinate with the long-range or comprehensive

22  plans of local, regional, and state governmental agencies to

23  assure the compatibility of such plans with site planning.

24  Boards are encouraged to locate schools proximate to urban

25  residential areas to the extent possible, and shall seek to

26  collocate schools with other public facilities, such as parks,

27  libraries, and community centers, to the extent possible.

28         Section 6.  Subsection (2) of section 235.193, Florida

29  Statutes, is amended to read:

30         235.193  Coordination of planning with local governing

31  bodies.--


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  1         (2)  A school board and the local governing body must

  2  share and coordinate information related to existing and

  3  planned public school facilities; proposals for development,

  4  redevelopment, or additional development; and infrastructure

  5  required to support the public school facilities, concurrent

  6  with proposed development. A school board shall use Department

  7  of Education enrollment projections when preparing the 5-year

  8  district facilities work program pursuant to s. 235.185, and a

  9  school board shall affirmatively demonstrate in the

10  educational facilities report consideration of local

11  governments' population projections to ensure that the 5-year

12  work program not only reflects enrollment projections but also

13  considers applicable municipal and county growth and

14  development projections. A school board is precluded from

15  siting a new school in a jurisdiction where the school board

16  has failed to provide the annual educational facilities report

17  for the prior year required pursuant to s. 235.194 unless the

18  failure is corrected.

19         Section 7.  Section 235.2157, Florida Statutes, is

20  created to read:

21         235.2157  Small school requirement.--

22         (1)  Beginning July 1, 1999 all plans for new

23  educational facilities to be constructed within a school

24  district and reflected in the 5-year school district

25  facilities work plan shall be plans for small schools in order

26  to promote increased learning and more effective use of school

27  facilities.

28         (2)  As used in this section, "small school" means:

29         (a)  An elementary school with a student population of

30  not more than 500 students.

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  1         (b)  A middle school with a student population of not

  2  more than 900 students.

  3         (c)  A high school with a student population of not

  4  more than 1,200 students.

  5         (d)  A school serving kindergarten through grade 8 with

  6  a student population of not more than 700 students.

  7         (e)  A school serving kindergarten through grade 12

  8  with a student population of not more than 900 students.

  9         (3)  This section does not apply to plans for new

10  educational facilities already under contract or in the

11  planning stage on July 1, 1999.

12         (4)  Small schools shall comply with all laws, rules,

13  and court orders relating to racial balance.

14         (5)  The commissioner may waive or expand the small

15  schools size requirements of this section upon request of the

16  school district if the school district demonstrates the

17  impracticality of the small schools limitation.

18         (6)  By March 1, 1999, the commissioner shall recommend

19  to the Legislature a sliding scale for optimal school size, as

20  provided under this section, based on land availability, land

21  cost, and student population.

22         Section 8.  Until the minimum criteria for a public

23  school facilities element adopted for purposes of imposition

24  of school concurrency, as required by s. 163.3180(13), Florida

25  Statutes, are in effect, the state land planning agency shall

26  utilize the minimum criteria for a public school facilities

27  element adopted for purposes of imposition of school

28  concurrency contained in the Final Report and Consensus Text

29  by the Department of Community Affairs Public School

30  Construction Working Group, dated March 9, 1998, in any

31  compliance review of any such element.


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  1         Section 9.  Any county whose adopted public school

  2  facilities element is the subject of a final order entered by

  3  the Administration Commission prior to the effective date of

  4  this act may implement its public school facilities element in

  5  accordance with the general law concerning public school

  6  facilities concurrency in effect when the final order was

  7  entered and in accord with the final order consistent with any

  8  appellate court decision. The county shall comply with the

  9  requirements of the final order, consistent with any appellate

10  decision, in implementing its public school facilities element

11  and in adopting any necessary amendment to its comprehensive

12  plan.

13         Section 10.  This act shall take effect July 1 of the

14  year in which enacted.

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