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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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:
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 4377, First Engrossed
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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