SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
CHAMBER ACTION
Senate House
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11 Senator Constantine moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 insert:
17 Section 1. Subsection (1) of section 163.3174, Florida
18 Statutes, is amended to read:
19 163.3174 Local planning agency.--
20 (1) The governing body of each local government,
21 individually or in combination as provided in s. 163.3171,
22 shall designate and by ordinance establish a "local planning
23 agency," unless the agency is otherwise established by law.
24 Notwithstanding any special act to the contrary, all local
25 planning agencies or equivalent agencies that first review
26 rezoning and comprehensive plan amendments in each
27 municipality and county shall include a representative of the
28 school district appointed by the school board as a nonvoting
29 member of the local planning agency or equivalent agency to
30 attend those meetings at which the agency considers
31 comprehensive plan amendments and rezonings that would, if
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 approved, increase residential density on the property that is
2 the subject of the application, provided that nothing
3 contained in this subsection shall prevent a local agency from
4 granting voting status to the school board member. The
5 governing body may designate itself as the local planning
6 agency pursuant to this subsection with the addition of a
7 nonvoting school board representative. The governing body
8 shall notify the state land planning agency of the
9 establishment of its local planning agency. All local planning
10 agencies shall provide opportunities for involvement by
11 district school boards and applicable community college
12 boards, which may be accomplished by formal representation,
13 membership on technical advisory committees, or other
14 appropriate means. The local planning agency shall prepare the
15 comprehensive plan or plan amendment after hearings to be held
16 after public notice and shall make recommendations to the
17 governing body regarding the adoption or amendment of the
18 plan. The agency may be a local planning commission, the
19 planning department of the local government, or other
20 instrumentality, including a countywide planning entity
21 established by special act or a council of local government
22 officials created pursuant to s. 163.02, provided the
23 composition of the council is fairly representative of all the
24 governing bodies in the county or planning area; however:
25 (a) If a joint planning entity is in existence on the
26 effective date of this act which authorizes the governing
27 bodies to adopt and enforce a land use plan effective
28 throughout the joint planning area, that entity shall be the
29 agency for those local governments until such time as the
30 authority of the joint planning entity is modified by law.
31 (b) In the case of chartered counties, the planning
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 responsibility between the county and the several
2 municipalities therein shall be as stipulated in the charter.
3 Section 2. Paragraph (a) of subsection (4), paragraphs
4 (a), (c), and (h) of subsection (6) of section 163.3177,
5 Florida Statutes, are amended to read:
6 163.3177 Required and optional elements of
7 comprehensive plan; studies and surveys.--
8 (4)(a) Coordination of the local comprehensive plan
9 with the comprehensive plans of adjacent municipalities, the
10 county, adjacent counties, or the region; with the appropriate
11 water management district's regional water supply plans
12 adopted pursuant to s. 373.0361, or successor plans required
13 by legislative directive; with adopted rules pertaining to
14 designated areas of critical state concern; and with the state
15 comprehensive plan shall be a major objective of the local
16 comprehensive planning process. To that end, in the
17 preparation of a comprehensive plan or element thereof, and in
18 the comprehensive plan or element as adopted, the governing
19 body shall include a specific policy statement indicating the
20 relationship of the proposed development of the area to the
21 comprehensive plans of adjacent municipalities, the county,
22 adjacent counties, or the region and to the state
23 comprehensive plan, as the case may require and as such
24 adopted plans or plans in preparation may exist.
25 (6) In addition to the requirements of subsections
26 (1)-(5), the comprehensive plan shall include the following
27 elements:
28 (a) A future land use plan element designating
29 proposed future general distribution, location, and extent of
30 the uses of land for residential uses, commercial uses,
31 industry, agriculture, recreation, conservation, education,
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 public buildings and grounds, other public facilities, and
2 other categories of the public and private uses of land. The
3 future land use plan shall include standards to be followed in
4 the control and distribution of population densities and
5 building and structure intensities. The proposed
6 distribution, location, and extent of the various categories
7 of land use shall be shown on a land use map or map series
8 which shall be supplemented by goals, policies, and measurable
9 objectives. Each land use category shall be defined in terms
10 of the types of uses included and specific standards for the
11 density or intensity of use. The future land use plan shall
12 be based upon surveys, studies, and data regarding the area,
13 including the amount of land required to accommodate
14 anticipated growth; the projected population of the area; the
15 character of undeveloped land; the availability of ground
16 water and surface water resources for present and future water
17 supplies and the potential for development of alternative
18 water supplies; the availability of public services; the need
19 for redevelopment, including the renewal of blighted areas and
20 the elimination of nonconforming uses which are inconsistent
21 with the character of the community; and, in rural
22 communities, the need for job creation, capital investment,
23 and economic development that will strengthen and diversify
24 the community's economy. The future land use plan may
25 designate areas for future planned development use involving
26 combinations of types of uses for which special regulations
27 may be necessary to ensure development in accord with the
28 principles and standards of the comprehensive plan and this
29 act. In addition, for rural communities, the amount of land
30 designated for future planned industrial use shall be based
31 upon surveys and studies that reflect the need for job
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 creation, capital investment, and the necessity to strengthen
2 and diversify the local economies, and shall not be limited
3 solely by the projected population of the rural community. The
4 future land use plan of a county may also designate areas for
5 possible future municipal incorporation. The land use maps or
6 map series shall generally identify and depict historic
7 district boundaries and shall designate historically
8 significant properties meriting protection. The future land
9 use element must clearly identify the land use categories in
10 which public schools are an allowable use. When delineating
11 the land use categories in which public schools are an
12 allowable use, a local government shall include in the
13 categories sufficient land proximate to residential
14 development to meet the projected needs for schools in
15 coordination with public school boards and may establish
16 differing criteria for schools of different type or size.
17 Each local government shall include lands contiguous to
18 existing school sites, to the maximum extent possible, within
19 the land use categories in which public schools are an
20 allowable use. All comprehensive plans must comply with the
21 school siting requirements of this paragraph no later than
22 October 1, 1999. The failure by a local government to comply
23 with these school siting requirements by October 1, 1999, will
24 result in the prohibition of the local government's ability to
25 amend the local comprehensive plan, except for plan amendments
26 described in s. 163.3187(1)(b), until the school siting
27 requirements are met. Amendments An amendment proposed by a
28 local government for purposes of identifying the land use
29 categories in which public schools are an allowable use or for
30 adopting or amending the school-siting maps pursuant to s.
31 163.31776(6) are is exempt from the limitation on the
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 frequency of plan amendments contained in s. 163.3187. The
2 future land use element shall include criteria that which
3 encourage the location of schools proximate to urban
4 residential areas to the extent possible and shall require
5 that the local government seek to collocate public facilities,
6 such as parks, libraries, and community centers, with schools
7 to the extent possible and to encourage the use of elementary
8 schools as focal points for neighborhoods.
9 (c) A general sanitary sewer, solid waste, drainage,
10 potable water, and natural groundwater aquifer recharge
11 element correlated to principles and guidelines for future
12 land use, indicating ways to provide for future potable water,
13 drainage, sanitary sewer, solid waste, and aquifer recharge
14 protection requirements for the area. The element may be a
15 detailed engineering plan including a topographic map
16 depicting areas of prime groundwater recharge. The element
17 shall describe the problems and needs and the general
18 facilities that will be required for solution of the problems
19 and needs. The element shall also include a topographic map
20 depicting any areas adopted by a regional water management
21 district as prime groundwater recharge areas for the Floridan
22 or Biscayne aquifers, pursuant to s. 373.0395. These areas
23 shall be given special consideration when the local government
24 is engaged in zoning or considering future land use for said
25 designated areas. For areas served by septic tanks, soil
26 surveys shall be provided which indicate the suitability of
27 soils for septic tanks. By October 1, 2002, the element shall
28 also include data and analysis, including, but not limited to,
29 the appropriate water management district's regional water
30 supply plan adopted pursuant to s. 373.0361, which evaluates
31 the availability of potable water compared to population
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 growth projected by the local government comprehensive plan.
2 (h)1. An intergovernmental coordination element
3 showing relationships and stating principles and guidelines to
4 be used in the accomplishment of coordination of the adopted
5 comprehensive plan with the plans of school boards and other
6 units of local government providing services but not having
7 regulatory authority over the use of land, with the
8 comprehensive plans of adjacent municipalities, the county,
9 adjacent counties, or the region, and with the state
10 comprehensive plan, as the case may require and as such
11 adopted plans or plans in preparation may exist. This element
12 of the local comprehensive plan shall demonstrate
13 consideration of the particular effects of the local plan,
14 when adopted, upon the development of adjacent municipalities,
15 the county, adjacent counties, or the region, or upon the
16 state comprehensive plan, as the case may require.
17 a. The intergovernmental coordination element shall
18 provide for procedures to identify and implement joint
19 planning areas, especially for the purpose of annexation,
20 municipal incorporation, and joint infrastructure service
21 areas.
22 b. The intergovernmental coordination element shall
23 provide for recognition of campus master plans prepared
24 pursuant to s. 240.155.
25 c. The intergovernmental coordination element may
26 provide for a voluntary dispute resolution process as
27 established pursuant to s. 186.509 for bringing to closure in
28 a timely manner intergovernmental disputes. A local
29 government may develop and use an alternative local dispute
30 resolution process for this purpose.
31 2. The intergovernmental coordination element shall
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 further state principles and guidelines to be used in the
2 accomplishment of coordination of the adopted comprehensive
3 plan with the plans of school boards and other units of local
4 government providing facilities and services but not having
5 regulatory authority over the use of land. In addition, the
6 intergovernmental coordination element shall describe joint
7 processes for collaborative planning and decisionmaking on
8 population projections and public school siting, the location
9 and extension of public facilities subject to concurrency, and
10 siting facilities with countywide significance, including
11 locally unwanted land uses whose nature and identity are
12 established in an agreement. Within 1 year of adopting their
13 intergovernmental coordination elements, each county, all the
14 municipalities within that county, the district school board,
15 and any unit of local government service providers in that
16 county shall establish by interlocal or other formal agreement
17 executed by all affected entities, the joint processes
18 described in this subparagraph consistent with their adopted
19 intergovernmental coordination elements.
20 3. To foster coordination between special districts
21 and local general-purpose governments as local general-purpose
22 governments implement local comprehensive plans, each
23 independent special district must submit a public facilities
24 report to the appropriate local government as required by s.
25 189.415.
26 4. The state land planning agency shall establish a
27 schedule for phased completion and transmittal of plan
28 amendments to implement subparagraphs 1., 2., and 3. from all
29 jurisdictions so as to accomplish their adoption by December
30 31, 1999. A local government may complete and transmit its
31 plan amendments to carry out these provisions prior to the
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 scheduled date established by the state land planning agency.
2 The plan amendments are exempt from the provisions of s.
3 163.3187(1).
4 5. Intergovernmental coordination between local
5 governments and the district school board shall be governed by
6 ss. 163.31776 and 163.31777 for those local governments
7 adopting a public educational facilities element pursuant to
8 s. 163.31776.
9 Section 3. Section 163.31776, Florida Statutes, is
10 created to read:
11 163.31776 Public educational facilities element.--
12 (1) The intent of the Legislature is to establish a
13 systematic process for school boards and local governments to:
14 (a) Share information concerning the growth and
15 development trends in their communities in order to forecast
16 future enrollment and school needs;
17 (b) Cooperatively plan for the provision of
18 educational facilities to meet the current and projected needs
19 of the public education system population, including the needs
20 placed on the public education system as a result of growth
21 and development decisions by local government; and
22 (c) Cooperatively identify and meet the infrastructure
23 needs of public schools to assure healthy school environments
24 and safe school access.
25 (2) The Legislature finds that:
26 (a) Public schools are a linchpin to the vitality of
27 our communities and play a significant role in thousands of
28 individual housing decisions that result in community growth
29 trends.
30 (b) Growth and development issues transcend the
31 boundaries and responsibilities of individual units of
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 government, and often no single unit of government can plan or
2 implement policies to deal with these issues without affecting
3 other units of government.
4 (3) A public educational facilities element shall be
5 adopted in cooperation with the applicable school district by
6 all local governments meeting the criteria identified in
7 paragraph (a). The public educational facilities elements
8 shall be transmitted no later than January 1, 2003, for those
9 local governments initially meeting the criteria in paragraph
10 (a).
11 (a) A local government must adopt a public educational
12 facilities element if the local government is located in a
13 county where:
14 1. The number of districtwide capital outlay
15 full-time-equivalent students equals 80 percent or more of the
16 most current year's school capacity and the projected 5-year
17 student growth is 1,000 students or greater; or
18 2. The projected 5-year student growth rate is 10
19 percent or greater.
20 (b)1. The Department of Education shall issue a report
21 notifying the state land planning agency and each county and
22 school district that meets the criteria in paragraph (a) on
23 June 1 of each year. Local governments and school boards will
24 have 18 months following notification within which to comply
25 with the requirements of ss. 163.31776 and 163.31777.
26 2. By January 1, 2007, remaining local governments
27 that have not been notified by June 1, 2005, that they have
28 met the criteria in paragraph (a) shall adopt, in cooperation
29 with the applicable school district, a limited public
30 educational facilities element. The state land planning agency
31 shall by rule specify the contents of the limited public
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 educational facilities element. The rule specifying the
2 contents of the limited public facilities element must
3 incorporate the future land use element requirements of s.
4 163.3177(6)(a), including school-siting requirements,
5 requirements for intergovernmental coordination and interlocal
6 agreements with school boards contained in s.
7 163.3177(6)(h)1.-2., and requirements for evaluation and
8 appraisal reports contained in s. 163.3191(2)(k). The agency
9 rule must ensure effective planning with school boards, but
10 recognize that the needs for school planning differ for those
11 local governments that have lower population and
12 student-population growth rates. The sanctions of subsection
13 (9) apply to local governments that fail to adopt a limited
14 public educational facilities element. Any local government
15 that, after complying with this rule, reaches the criteria in
16 paragraph (a) shall have 18 months within which to comply with
17 subsections (4) and (5). Nothing in this subsection shall
18 supersede the other requirements of this chapter.
19 (c) Each municipality shall adopt its own element or
20 accept by resolution or ordinance the public educational
21 facilities element adopted by the county which includes the
22 municipality's area of authority as defined in s. 163.3171.
23 However, a municipality is exempt from this requirement if it
24 meets all the following criteria:
25 1. The municipality has issued development orders for
26 fewer than 50 residential dwelling units during the last 5
27 years or it has generated fewer than 25 additional public
28 school students during the last 5 years;
29 2. The municipality has not annexed new land during
30 the last 5 years in land use categories that permit
31 residential uses that may affect school attendance rates;
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 3. The municipality has no public schools located
2 within its boundaries;
3 4. At least 80 percent of the developable land within
4 the boundaries of the municipality has been built upon; and
5 5. The municipality has not adopted a land use
6 amendment that increases residential density for more than 50
7 residential units.
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9 Any municipality that is exempt shall notify the county and
10 the school board of any planned annexation into residential or
11 proposed residential areas or other change in condition and
12 must comply with this subsection within 1 year following a
13 change in conditions that renders the municipality no longer
14 eligible for exemption or following the identification of a
15 proposed public school in the school board's 5-year district
16 facilities work program in the municipality's jurisdiction.
17 (4) No later than 6 months prior to the deadline for
18 transmittal of a public educational facilities element, the
19 county, the non-exempt municipalities, and the school board
20 shall enter into an interlocal agreement that establishes a
21 process for developing coordinated and consistent local
22 government public educational facilities elements and a
23 district educational facilities plan, including a process:
24 (a) By which each local government and the school
25 district agree and base the local government comprehensive
26 plan and educational facilities plan on uniform projections of
27 the amount, type, and distribution of population growth and
28 student enrollment;
29 (b) To coordinate and share information relating to
30 existing and planned public school facilities and local
31 government plans for development and redevelopment;
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (c) To ensure that school siting decisions by the
2 school board are consistent with the local comprehensive plan,
3 including appropriate circumstances and criteria under which a
4 school district may request an amendment to the comprehensive
5 plan for school siting and for early involvement by the local
6 government as the school board identifies potential school
7 sites;
8 (d) To coordinate and provide timely formal comments
9 during the development, adoption, and amendment of each local
10 government's public educational facilities element and the
11 educational facilities plan of the school district to ensure a
12 uniform countywide school facility planning system;
13 (e) For school district participation in the review of
14 comprehensive plan amendments and rezonings that increase
15 residential density and that are reasonably expected to have
16 an impact on public school facility demand pursuant to s.
17 163.31777. The interlocal agreement must specify how the
18 school board and local governments will develop the
19 methodology and criteria for determining whether school
20 facility capacity will be readily available at the time of
21 projected school impacts, and must specify uniform,
22 districtwide level-of-service standards for all public schools
23 of the same type and availability standards for public
24 schools. The interlocal agreement must ensure that consistent
25 criteria and capacity-determination methodologies including
26 student generation multipliers are adopted into the school
27 board's district educational facilities plan and the local
28 government's public educational facilities element. The
29 interlocal agreement must also set forth the process and
30 uniform methodology for determining proportionate-share
31 mitigation pursuant to s. 163.31777; and
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (f) For the resolution of disputes between the school
2 district and local governments.
3 (5) The public educational facilities element must be
4 based on data and analysis, including the interlocal agreement
5 required by subsection (4), and on the educational facilities
6 plan required by s. 235.185. Each local government public
7 educational facilities element within a county must be
8 consistent with the other elements and must address:
9 (a) The need for, strategies for, and commitments to
10 addressing improvements to infrastructure, safety, and
11 community conditions in areas proximate to existing public
12 schools.
13 (b) The need for and strategies for providing adequate
14 infrastructure necessary to support proposed schools,
15 including potable water, wastewater, drainage, solid waste,
16 transportation, and means by which to assure safe access to
17 schools, including sidewalks, bicycle paths, turn lanes, and
18 signalization.
19 (c) Colocation of other public facilities, such as
20 parks, libraries, and community centers, in proximity to
21 public schools.
22 (d) Location of schools proximate to residential areas
23 and to complement patterns of development, including using
24 elementary schools as focal points for neighborhoods.
25 (e) Use of public schools to serve as emergency
26 shelters.
27 (f) Consideration of the existing and planned capacity
28 of public schools when reviewing comprehensive plan amendments
29 and rezonings that are likely to increase residential
30 development and that are reasonably expected to have an impact
31 on the demand for public school facilities pursuant to s.
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 163.31777, with the review to be based on uniform,
2 districtwide level-of-service standards for all public schools
3 of the same type, availability standards for public schools,
4 and the financially feasible 5-year district facilities work
5 program adopted by the school board pursuant to s. 235.185.
6 (g) A uniform methodology for determining school
7 capacity and proportionate-share mitigation consistent with
8 the requirements of s. 163.31777(4) and the interlocal
9 agreement.
10 (h) The response of the school board to the financial
11 management and performance audit required by s. 235.185(2)(f).
12 (6) The future land-use map series must incorporate
13 maps that are the result of a collaborative process for
14 identifying school sites in the educational facilities plan
15 adopted by the school board pursuant to s. 235.185 and must
16 show the locations of existing public schools and the general
17 locations of improvements to existing schools or new schools
18 anticipated over the 5-year, 10-year, and 20-year time
19 periods, or such maps shall be data and analysis in support of
20 the future land-use map series. Maps indicating general
21 locations of future schools or school improvements should not
22 prescribe a land use on a particular parcel of land.
23 (7) The process for adopting a public educational
24 facilities element shall be as provided in s. 163.3184. The
25 state land planning agency shall submit a copy of the proposed
26 public school facilities element pursuant to the procedures
27 outlined in s. 163.3184(4) to the Office of Educational
28 Facilities of the Commissioner of Education for review and
29 comment.
30 (8) In any proceeding to challenge the adoption of the
31 public educational facilities element pursuant to s. 163.3184,
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 the petitioner may also challenge the data and analysis used
2 to support the processes set forth in the interlocal agreement
3 executed pursuant to this section.
4 (9)(a) If the county, school board and nonexempt
5 municipalities within the county cannot reach agreement
6 regarding the interlocal agreement required by subsection (4),
7 the parties shall seek mediation through the appropriate
8 regional planning council or the state land planning agency.
9 The bad-faith failure of any party to enter into an interlocal
10 agreement within 60 days after referral to mediation shall
11 result in the prohibition of that local government's ability
12 to amend its comprehensive plan until the dispute is resolved.
13 (b) The failure by a local government to comply with
14 the requirement to transmit and adopt a public educational
15 facility element will result in the prohibition of the local
16 government's ability to amend the local comprehensive plan
17 until the public school facilities element is adopted.
18 (c) If a local government fails to comply with the
19 requirements of this section to enter into the interlocal
20 agreement or to transmit a public educational facilities
21 element by the required date, or if the Administration
22 Commission finds that the public educational facilities
23 element is not in compliance, the local government shall be
24 subject to sanctions imposed by the Administration Commission
25 pursuant to s. 163.3184(11).
26 (d) The failure of a school board to provide the
27 required plans or information or to enter into the interlocal
28 agreement under this section shall subject the school board to
29 sanctions pursuant to s. 235.193(3).
30 (e) A local government or school board's bad-faith
31 failure to enter into the interlocal agreement does not
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1 subject another local government or school board to sanctions.
2 (10) Any local government that has executed an
3 interlocal agreement for the purpose of adopting public school
4 concurrency before the effective date of this act is not
5 required to amend the public school element or any interlocal
6 agreement to conform with the provisions of this section or s.
7 163.31777 if such amendment is ultimately determined to be in
8 compliance.
9 Section 4. Section 163.31777, Florida Statutes, is
10 created to read:
11 163.31777 Public school capacity for plan amendments
12 and rezonings.--
13 (1) Local governments shall consider public school
14 facilities when reviewing proposed comprehensive plan
15 amendments and rezonings that increase residential densities
16 and that are reasonably expected to have an impact on the
17 demand for public school facilities.
18 (2) For each proposed comprehensive plan amendment or
19 rezoning that increases residential densities and is
20 reasonably expected to have an impact on the demand for public
21 school facilities, the school board shall provide the local
22 government with a school-capacity report based on the district
23 educational facilities plan adopted by the school board
24 pursuant to s. 235.185, which must provide data and analysis
25 on the capacity and enrollment of affected schools based on
26 standards established by state or federal law or judicial
27 orders, projected additional enrollment attributable to the
28 density increase resulting from the amendment or rezoning,
29 programmed and financially feasible new public school
30 facilities or improvements for affected schools identified in
31 the educational facilities plan of the school board and the
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
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1 expected date of availability of such facilities or
2 improvements, and available reasonable options for providing
3 public school facilities to students if the rezoning or
4 comprehensive plan amendment is approved. The options must
5 include, but need not be limited to, the school board's
6 evaluation of school schedule modification, school attendance
7 zones modification, school facility modification, and the
8 creation of charter schools. The report must be consistent
9 with this section, any adopted interlocal agreement and public
10 educational facilities element, and must be submitted no later
11 than 3 working days before the first public hearing by the
12 local government to consider the comprehensive plan amendment
13 or rezoning.
14 (3) The local government shall deny a request for a
15 comprehensive plan amendment or rezoning which would increase
16 the density of residential development allowed on the property
17 subject to the amendment or rezoning and is reasonably
18 expected to have an increased impact on the demand for public
19 school facilities, if the school facility capacity will not be
20 reasonably available at the time of projected school impacts
21 as determined by the methodology established in the public
22 educational facilities element. However, the application for a
23 comprehensive plan amendment or a rezoning may be approved if
24 the applicant executes a legally binding commitment to provide
25 mitigation proportionate to the demand for public school
26 facilities to be created by actual development of the
27 property, including, but not limited to, the options described
28 in subsection (4).
29 (4)(a) Options for proportionate-share mitigation of
30 public school facility impacts from actual development of
31 property subject to a plan amendment or rezoning that
18
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 increases residential density shall be established in the
2 educational facilities plan and the public educational
3 facilities element. Appropriate mitigation options include the
4 contribution of land; the construction, expansion, or payment
5 for land acquisition or construction of a public school
6 facility; or the creation of mitigation banking based on the
7 construction of a public school facility in exchange for the
8 right to sell capacity credits. Such options must include
9 execution by the applicant and the local government of a
10 binding development agreement pursuant to ss.
11 163.3220-163.3243 which constitutes a legally binding
12 commitment to pay proportionate-share mitigation for the
13 additional residential units approved by the local government
14 in a development order and actually developed on the property,
15 taking into account residential density allowed on the
16 property prior to the plan amendment or rezoning that
17 increased overall residential density. The district school
18 board may be a party to such an agreement. As a condition of
19 its entry into such a development agreement, the local
20 government may require the landowner to agree to continuing
21 renewal of the agreement upon its expiration.
22 (b) If the educational facilities plan and the public
23 educational facilities element authorize a contribution of
24 land; the construction, expansion, or payment for land
25 acquisition; or the construction or expansion of a public
26 school facility, or a portion thereof, as proportionate-share
27 mitigation, the local government shall credit such a
28 contribution, construction, expansion, or payment toward any
29 other impact fee or exaction imposed by local ordinance for
30 the same need, on a dollar-for-dollar basis at fair market
31 value.
19
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (c) Any proportionate-share mitigation must be
2 directed by the school board toward a school capacity
3 improvement that is identified in the financially feasible
4 5-year district work plan and that will be provided in
5 accordance with a binding developers agreement.
6 (5) Subsections (3) and (4) shall not take effect
7 within a jurisdiction until:
8 (a) The local governments and the school board have
9 entered into an interlocal agreement pursuant to ss. 163.31776
10 and 235.193;
11 (b) The local government has adopted a public
12 education facilities element required under s. 163.31776 and
13 the element has been found in compliance;
14 (c) The school board has revised its district
15 education facilities plan to comply with s. 235.185; and
16 (d) One of the following revenue sources is levied or
17 committed for the purpose of funding public educational
18 facilities consistent with the public educational facilities
19 plan and interlocal agreement adopted pursuant to s.
20 163.31776, and the district educational facilities plan
21 pursuant to s. 235.185:
22 1. The half-cent school capital outlay surtax
23 authorized by s. 212.055(6); or
24 2. An amount of broad-based revenue from state or
25 local sources is committed to the implementation of the
26 financially feasible work program adopted by the school board
27 pursuant to s. 235.185.
28 (6) Under limited circumstances dealing with
29 educational facilities, countervailing planning and public
30 policy goals may come into conflict with the requirements of
31 subsections (3) and (4). Often the unintended results directly
20
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 conflict with the goals and policies of the state
2 comprehensive plan and the intent of this part. Therefore, a
3 local government may grant an exception from the requirements
4 of subsections (3) and (4) if the proposed development is
5 otherwise consistent with the adopted local government
6 comprehensive plan and is a project located within an area
7 designated in the comprehensive plan for:
8 (a) Urban infill development;
9 (b) Urban redevelopment;
10 (c) Downtown revitalization; or
11 (d) Urban infill and redevelopment under s. 163.2517.
12 (7) This section does not prohibit a local government
13 from using its home-rule powers to deny a comprehensive plan
14 amendment or from rezoning.
15 Section 5. Subsection (4) of section 163.3180, Florida
16 Statutes, is amended to read:
17 163.3180 Concurrency.--
18 (4)(a) The concurrency requirement as implemented in
19 local comprehensive plans applies to state and other public
20 facilities and development to the same extent that it applies
21 to all other facilities and development, as provided by law.
22 (b) The concurrency requirement as implemented in
23 local comprehensive plans does not apply to public transit
24 facilities. For the purposes of this paragraph, public
25 transit facilities include transit stations and terminals,
26 transit station parking, park-and-ride lots, intermodal public
27 transit connection or transfer facilities, and fixed bus,
28 guideway, and rail stations. As used in this paragraph, the
29 terms "terminals" and "transit facilities" do not include
30 airports or seaports or commercial or residential development
31 constructed in conjunction with a public transit facility.
21
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (c) The concurrency requirement as implemented in
2 local government comprehensive plans may be waived by a local
3 government for urban infill and redevelopment areas designated
4 pursuant to s. 163.2517 if such a waiver does not endanger
5 public health or safety as defined by the local government in
6 its local government comprehensive plan.
7 Section 6. Subsections (1), (3), (4), and (6) of
8 section 163.3184, Florida Statutes, are amended to read:
9 163.3184 Process for adoption of comprehensive plan or
10 plan amendment.--
11 (1) DEFINITIONS.--As used in this section, the term:
12 (a) "Affected person" includes the affected local
13 government; persons owning property, residing, or owning or
14 operating a business within the boundaries of the local
15 government whose plan is the subject of the review; owners of
16 real property abutting real property that is the subject of a
17 proposed change to a future land use map; and adjoining local
18 governments that can demonstrate that the plan or plan
19 amendment will produce substantial impacts on the increased
20 need for publicly funded infrastructure or substantial impacts
21 on areas designated for protection or special treatment within
22 their jurisdiction. Each person, other than an adjoining local
23 government, in order to qualify under this definition, shall
24 also have submitted oral or written comments, recommendations,
25 or objections to the local government during the period of
26 time beginning with the transmittal hearing for the plan or
27 plan amendment and ending with the adoption of the plan or
28 plan amendment.
29 (b) "In compliance" means consistent with the
30 requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180,
31 163.3191, and 163.3245, with the state comprehensive plan,
22
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 with the appropriate strategic regional policy plan, and with
2 chapter 9J-5, Florida Administrative Code, where such rule is
3 not inconsistent with this part and with the principles for
4 guiding development in designated areas of critical state
5 concern.
6 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
7 AMENDMENT.--
8 (a) Each local governing body shall transmit the
9 complete proposed comprehensive plan or plan amendment to the
10 state land planning agency, the appropriate regional planning
11 council and water management district, the Department of
12 Environmental Protection, the Department of State, and the
13 Department of Transportation, and, in the case of municipal
14 plans, to the appropriate county, and, in the case of county
15 plans, to the Fish and Wildlife Conservation Commission and
16 the Department of Agriculture and Consumer Services,
17 immediately following a public hearing pursuant to subsection
18 (15) as specified in the state land planning agency's
19 procedural rules. The local governing body shall also transmit
20 a copy of the complete proposed comprehensive plan or plan
21 amendment to any other unit of local government or government
22 agency in the state that has filed a written request with the
23 governing body for the plan or plan amendment. The local
24 government may request a review by the state land planning
25 agency pursuant to subsection (6) at the time of the
26 transmittal of an amendment.
27 (b) A local governing body shall not transmit portions
28 of a plan or plan amendment unless it has previously provided
29 to all state agencies designated by the state land planning
30 agency a complete copy of its adopted comprehensive plan
31 pursuant to subsection (7) and as specified in the agency's
23
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 procedural rules. In the case of comprehensive plan
2 amendments, the local governing body shall transmit to the
3 state land planning agency, the appropriate regional planning
4 council and water management district, the Department of
5 Environmental Protection, the Department of State, and the
6 Department of Transportation, and, in the case of municipal
7 plans, to the appropriate county, and, in the case of county
8 plans, to the Fish and Wildlife Conservation Commission and
9 the Department of Agriculture and Consumer Services, the
10 materials specified in the state land planning agency's
11 procedural rules and, in cases in which the plan amendment is
12 a result of an evaluation and appraisal report adopted
13 pursuant to s. 163.3191, a copy of the evaluation and
14 appraisal report. Local governing bodies shall consolidate all
15 proposed plan amendments into a single submission for each of
16 the two plan amendment adoption dates during the calendar year
17 pursuant to s. 163.3187.
18 (c) A local government may adopt a proposed plan
19 amendment previously transmitted pursuant to this subsection,
20 unless review is requested or otherwise initiated pursuant to
21 subsection (6).
22 (d) In cases in which a local government transmits
23 multiple individual amendments that can be clearly and legally
24 separated and distinguished for the purpose of determining
25 whether to review the proposed amendment, and the state land
26 planning agency elects to review several or a portion of the
27 amendments and the local government chooses to immediately
28 adopt the remaining amendments not reviewed, the amendments
29 immediately adopted and any reviewed amendments that the local
30 government subsequently adopts together constitute one
31 amendment cycle in accordance with s. 163.3187(1).
24
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (4) INTERGOVERNMENTAL REVIEW.--The If review of a
2 proposed comprehensive plan amendment is requested or
3 otherwise initiated pursuant to subsection (6), the state land
4 planning agency within 5 working days of determining that such
5 a review will be conducted shall transmit a copy of the
6 proposed plan amendment to various government agencies, as
7 appropriate, for response or comment, including, but not
8 limited to, the Department of Environmental Protection, the
9 Department of Transportation, the water management district,
10 and the regional planning council, and, in the case of
11 municipal plans, to the county land planning agency. These
12 governmental agencies specified in paragraph (3)(a) shall
13 provide comments to the state land planning agency within 30
14 days after receipt by the state land planning agency of the
15 complete proposed plan amendment. If the plan or plan
16 amendment includes or relates to the public school facilities
17 element required by s. 163.31776, the state land planning
18 agency shall submit a copy to the Office of Educational
19 Facilities of the Commissioner of Education for review and
20 comment. The appropriate regional planning council shall also
21 provide its written comments to the state land planning agency
22 within 30 days after receipt by the state land planning agency
23 of the complete proposed plan amendment and shall specify any
24 objections, recommendations for modifications, and comments of
25 any other regional agencies to which the regional planning
26 council may have referred the proposed plan amendment. Written
27 comments submitted by the public within 30 days after notice
28 of transmittal by the local government of the proposed plan
29 amendment will be considered as if submitted by governmental
30 agencies. All written agency and public comments must be made
31 part of the file maintained under subsection (2).
25
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (6) STATE LAND PLANNING AGENCY REVIEW.--
2 (a) The state land planning agency shall review a
3 proposed plan amendment upon request of a regional planning
4 council, affected person, or local government transmitting the
5 plan amendment. The request from the regional planning council
6 or affected person must be if the request is received within
7 30 days after transmittal of the proposed plan amendment
8 pursuant to subsection (3). The agency shall issue a report
9 of its objections, recommendations, and comments regarding the
10 proposed plan amendment. A regional planning council or
11 affected person requesting a review shall do so by submitting
12 a written request to the agency with a notice of the request
13 to the local government and any other person who has requested
14 notice.
15 (b) The state land planning agency may review any
16 proposed plan amendment regardless of whether a request for
17 review has been made, if the agency gives notice to the local
18 government, and any other person who has requested notice, of
19 its intention to conduct such a review within 35 30 days after
20 receipt of transmittal of the complete proposed plan amendment
21 pursuant to subsection (3).
22 (c) The state land planning agency shall establish by
23 rule a schedule for receipt of comments from the various
24 government agencies, as well as written public comments,
25 pursuant to subsection (4). If the state land planning agency
26 elects to review the amendment or the agency is required to
27 review the amendment as specified in paragraph (a), the agency
28 shall issue a report giving its objections, recommendations,
29 and comments regarding the proposed amendment within 60 days
30 after receipt of the complete proposed amendment by the state
31 land planning agency. The state land planning agency shall
26
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 have 30 days to review comments from the various government
2 agencies along with a local government's comprehensive plan or
3 plan amendment. During that period, the state land planning
4 agency shall transmit in writing its comments to the local
5 government along with any objections and any recommendations
6 for modifications. When a federal, state, or regional agency
7 has implemented a permitting program, the state land planning
8 agency shall not require a local government to duplicate or
9 exceed that permitting program in its comprehensive plan or to
10 implement such a permitting program in its land development
11 regulations. Nothing contained herein shall prohibit the
12 state land planning agency in conducting its review of local
13 plans or plan amendments from making objections,
14 recommendations, and comments or making compliance
15 determinations regarding densities and intensities consistent
16 with the provisions of this part. In preparing its comments,
17 the state land planning agency shall only base its
18 considerations on written, and not oral, comments, from any
19 source.
20 (d) The state land planning agency review shall
21 identify all written communications with the agency regarding
22 the proposed plan amendment. If the state land planning agency
23 does not issue such a review, it shall identify in writing to
24 the local government all written communications received 30
25 days after transmittal. The written identification must
26 include a list of all documents received or generated by the
27 agency, which list must be of sufficient specificity to enable
28 the documents to be identified and copies requested, if
29 desired, and the name of the person to be contacted to request
30 copies of any identified document. The list of documents must
31 be made a part of the public records of the state land
27
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 planning agency.
2 Section 7. Effective October 1, 2001, subsections (7),
3 (8), and (15) and paragraph (d) of subsection (16) of section
4 163.3184, Florida Statutes, as amended by this act, are
5 amended to read:
6 163.3184 Process for adoption of comprehensive plan or
7 plan amendment.--
8 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
9 PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government
10 shall review the written comments submitted to it by the state
11 land planning agency, and any other person, agency, or
12 government. Any comments, recommendations, or objections and
13 any reply to them shall be public documents, a part of the
14 permanent record in the matter, and admissible in any
15 proceeding in which the comprehensive plan or plan amendment
16 may be at issue. The local government, upon receipt of
17 written comments from the state land planning agency, shall
18 have 120 days to adopt or adopt with changes the proposed
19 comprehensive plan or s. 163.3191 plan amendments. In the
20 case of comprehensive plan amendments other than those
21 proposed pursuant to s. 163.3191, the local government shall
22 have 60 days to adopt the amendment, adopt the amendment with
23 changes, or determine that it will not adopt the amendment.
24 The adoption of the proposed plan or plan amendment or the
25 determination not to adopt a plan amendment, other than a plan
26 amendment proposed pursuant to s. 163.3191, shall be made in
27 the course of a public hearing pursuant to subsection (15).
28 The local government shall transmit the complete adopted
29 comprehensive plan or adopted plan amendment, including the
30 names and addresses of persons compiled pursuant to paragraph
31 (15)(c), to the state land planning agency as specified in the
28
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 agency's procedural rules within 10 working days after
2 adoption. The local governing body shall also transmit a copy
3 of the adopted comprehensive plan or plan amendment to the
4 regional planning agency and to any other unit of local
5 government or governmental agency in the state that has filed
6 a written request with the governing body for a copy of the
7 plan or plan amendment.
8 (8) NOTICE OF INTENT.--
9 (a) Except as provided in s. 163.3187(3), the state
10 land planning agency, upon receipt of a local government's
11 complete adopted comprehensive plan or plan amendment, shall
12 have 45 days for review and to determine if the plan or plan
13 amendment is in compliance with this act, unless the amendment
14 is the result of a compliance agreement entered into under
15 subsection (16), in which case the time period for review and
16 determination shall be 30 days. If review was not conducted
17 under subsection (6), the agency's determination must be based
18 upon the plan amendment as adopted. If review was conducted
19 under subsection (6), the agency's determination of compliance
20 must be based only upon one or both of the following:
21 1. The state land planning agency's written comments
22 to the local government pursuant to subsection (6); or
23 2. Any changes made by the local government to the
24 comprehensive plan or plan amendment as adopted.
25 (b) During the time period provided for in this
26 subsection, the state land planning agency shall issue,
27 through a senior administrator or the secretary, as specified
28 in the agency's procedural rules, a notice of intent to find
29 that the plan or plan amendment is in compliance or not in
30 compliance. A notice of intent shall be issued by publication
31 in the manner provided by this paragraph and by mailing a copy
29
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 to the local government and to persons who request notice.
2 The required advertisement shall be no less than 2 columns
3 wide by 10 inches long, and the headline in the advertisement
4 shall be in a type no smaller than 12 point. The advertisement
5 shall not be placed in that portion of the newspaper where
6 legal notices and classified advertisements appear. The
7 advertisement shall be published in a newspaper which meets
8 the size and circulation requirements set forth in paragraph
9 (15)(e) (15)(c) and which has been designated in writing by
10 the affected local government at the time of transmittal of
11 the amendment. Publication by the state land planning agency
12 of a notice of intent in the newspaper designated by the local
13 government shall be prima facie evidence of compliance with
14 the publication requirements of this section.
15 (c) The state land planning agency shall post a copy
16 of the notice of intent on the agency's Internet site. The
17 agency shall, no later than the date the notice of intent is
18 transmitted to the newspaper, mail a courtesy informational
19 statement to the persons whose names and mailing addresses
20 were compiled pursuant to paragraph (15)(c). The informational
21 statement must identify the newspaper in which the notice of
22 intent will appear, the approximate date of publication of the
23 notice of intent, and the ordinance number of the plan or plan
24 amendment and must advise that the informational statement is
25 provided as a courtesy to the person and that affected persons
26 have 21 days from the actual date of publication of the notice
27 to file a petition. The informational statement must be sent
28 by regular mail and does not affect the timeframes specified
29 in subsections (9) and (10).
30 (d) A local government that has an Internet site shall
31 post a copy of the state land planning agency's notice of
30
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 intent on that site within 5 days after receipt of the mailed
2 copy of the agency's notice of intent.
3 (15) PUBLIC HEARINGS.--
4 (a) The procedure for transmittal of a complete
5 proposed comprehensive plan or plan amendment pursuant to
6 subsection (3) and for adoption of a comprehensive plan or
7 plan amendment pursuant to subsection (7) shall be by
8 affirmative vote of not less than a majority of the members of
9 the governing body present at the hearing. The adoption of a
10 comprehensive plan or plan amendment shall be by ordinance.
11 For the purposes of transmitting or adopting a comprehensive
12 plan or plan amendment, the notice requirements in chapters
13 125 and 166 are superseded by this subsection, except as
14 provided in this part.
15 (b) The local governing body shall hold at least two
16 advertised public hearings on the proposed comprehensive plan
17 or plan amendment as follows:
18 1. The first public hearing shall be held at the
19 transmittal stage pursuant to subsection (3). It shall be
20 held on a weekday at least 7 days after the day that the first
21 advertisement is published.
22 2. The second public hearing shall be held at the
23 adoption stage pursuant to subsection (7). It shall be held
24 on a weekday at least 5 days after the day that the second
25 advertisement is published.
26 (c) The local government shall provide a sign-in form
27 at the transmittal hearing and at the adoption hearing for
28 persons to provide their names and mailing addresses. The
29 sign-in form must advise that any person providing the
30 requested information will receive a courtesy informational
31 statement concerning publications of the state land planning
31
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 agency's notice of intent. The local government shall add to
2 the sign-in form the name and address of any person who
3 submits written comments concerning the proposed plan or plan
4 amendment during the time period between the commencement of
5 the transmittal hearing and the end of the adoption hearing.
6 It is the responsibility of the person completing the form or
7 providing written commends to accurately, completely, and
8 legibly provide all information needed in order to receive the
9 courtesy informational statement.
10 (d) The agency shall provide a model sign-in format
11 for providing the list to the agency which may be used by the
12 local government to satisfy the requirements of this
13 subsection.
14 (e)(c) If the proposed comprehensive plan or plan
15 amendment changes the actual list of permitted, conditional,
16 or prohibited uses within a future land use category or
17 changes the actual future land use map designation of a parcel
18 or parcels of land, the required advertisements shall be in
19 the format prescribed by s. 125.66(4)(b)2. for a county or by
20 s. 166.041(3)(c)2.b. for a municipality.
21 (16) COMPLIANCE AGREEMENTS.--
22 (d) A local government may adopt a plan amendment
23 pursuant to a compliance agreement in accordance with the
24 requirements of paragraph (15)(a). The plan amendment shall be
25 exempt from the requirements of subsections (2)-(7). The
26 local government shall hold a single adoption public hearing
27 pursuant to the requirements of subparagraph (15)(b)2. and
28 paragraph (15)(e) (15)(c). Within 10 working days after
29 adoption of a plan amendment, the local government shall
30 transmit the amendment to the state land planning agency as
31 specified in the agency's procedural rules, and shall submit
32
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 one copy to the regional planning agency and to any other unit
2 of local government or government agency in the state that has
3 filed a written request with the governing body for a copy of
4 the plan amendment, and one copy to any party to the
5 proceeding under ss. 120.569 and 120.57 granted intervenor
6 status.
7 Section 8. Paragraph (k) is added to subsection (1) of
8 section 163.3187, Florida Statutes, to read:
9 163.3187 Amendment of adopted comprehensive plan.--
10 (1) Amendments to comprehensive plans adopted pursuant
11 to this part may be made not more than two times during any
12 calendar year, except:
13 (k) A comprehensive plan amendment to adopt a public
14 educational facilities element pursuant to s. 163.31776 and
15 future land-use-map amendments for school siting may be
16 approved notwithstanding statutory limits on the frequency of
17 adopting plan amendments.
18 Section 9. Paragraph (k) of subsection (2) of section
19 163.3191, Florida Statutes, is amended, and paragraph (l) is
20 added to that subsection, to read:
21 163.3191 Evaluation and appraisal of comprehensive
22 plan.--
23 (2) The report shall present an evaluation and
24 assessment of the comprehensive plan and shall contain
25 appropriate statements to update the comprehensive plan,
26 including, but not limited to, words, maps, illustrations, or
27 other media, related to:
28 (k) The coordination of the comprehensive plan with
29 existing public schools and those identified in the applicable
30 educational 5-year school district facilities plan work
31 program adopted pursuant to s. 235.185. The assessment shall
33
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 address, where relevant, the success or failure of the
2 coordination of the future land use map and associated planned
3 residential development with public schools and their
4 capacities, as well as the joint decisionmaking processes
5 engaged in by the local government and the school board in
6 regard to establishing appropriate population projections and
7 the planning and siting of public school facilities. If the
8 issues are not relevant, the local government shall
9 demonstrate that they are not relevant.
10 (l) If any of the jurisdiction of the local government
11 is located within the coastal high hazard area, an evaluation
12 of whether any past reduction in land use density impairs the
13 property rights of current residents when redevelopment
14 occurs, including, but not limited to, redevelopment following
15 a natural disaster. The local government must identify
16 strategies to address redevelopment feasibility and the
17 property rights of affected residents. These strategies may
18 include the authorization of redevelopment up to the actual
19 built density in existence on the property prior to the
20 natural disaster or redevelopment.
21 Section 10. The sum of $500,000 is appropriated to the
22 Department of Community Affairs from the General Revenue Fund
23 to develop a uniform fiscal-impact-analysis model for
24 evaluating the cost of infrastructure to support development.
25 Section 11. Section 163.3215, Florida Statutes, is
26 amended to read:
27 163.3215 Standing to enforce local comprehensive plans
28 through development orders.--
29 (1) Any aggrieved or adversely affected party may
30 maintain an action for declaratory and injunctive or other
31 relief against any local government to challenge any decision
34
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 of local government granting or denying an application for, or
2 to prevent such local government from taking any action on a
3 development order, as defined in s. 163.3164, which materially
4 alters the use or density or intensity of use on a particular
5 piece of property t hat is not consistent with the
6 comprehensive plan adopted under this part. Such action shall
7 be filed no later than 30 days following rendition of a
8 development order or other written decision, or when all local
9 administrative appeals, if any, are exhausted, whichever is
10 later.
11 (2) "Aggrieved or adversely affected party" means any
12 person or local government which will suffer an adverse effect
13 to an interest protected or furthered by the local government
14 comprehensive plan, including interests related to health and
15 safety, police and fire protection service systems, densities
16 or intensities of development, transportation facilities,
17 health care facilities, equipment or services, or
18 environmental or natural resources. The alleged adverse
19 interest may be shared in common with other members of the
20 community at large, but shall exceed in degree the general
21 interest in community good shared by all persons. The term
22 shall include the owner, developer or applicant for a
23 development order.
24 (3)(a) No suit may be maintained under this section
25 challenging the approval or denial of a zoning, rezoning,
26 planned unit development, variance, special exception,
27 conditional use, or other development order granted prior to
28 October 1, 1985, or applied for prior to July 1, 1985.
29 (b) Suit under subsections (1) or (4) this section
30 shall be the sole action available to challenge the
31 consistency of a development order with a comprehensive plan
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 adopted under this part. The local government that issues
2 that development order shall be named as the respondent.
3 (4) If a local government elects to adopt or has
4 adopted an ordinance establishing, at a minimum, the
5 requirements listed in this subsection, then the sole action
6 for an aggrieved and adversely affected party to challenge
7 consistency of a development order with the comprehensive plan
8 shall be by a petition for certiorari filed in circuit court
9 no later than 30 days following rendition of a development
10 order or other written decision of the local government, or
11 when all local administrative appeals, if any, are exhausted,
12 whichever is later. An action for injunctive or other relief
13 may be joined with the petition for certiorari. Principles of
14 judicial or administrative res judicata and collateral
15 estoppel shall apply to these proceedings. Minimum components
16 of the local process shall be as follows: As a condition
17 precedent to the institution of an action pursuant to this
18 section, the complaining party shall first file a verified
19 complaint with the local government whose actions are
20 complained of setting forth the facts upon which the complaint
21 is based and the relief sought by the complaining party. The
22 verified complaint shall be filed no later than 30 days after
23 the alleged inconsistent action has been taken. The local
24 government receiving the complaint shall respond within 30
25 days after receipt of the complaint. Thereafter, the
26 complaining party may institute the action authorized in this
27 section. However, the action shall be instituted no later
28 than 30 days after the expiration of the 30-day period which
29 the local government has to take appropriate action. Failure
30 to comply with this subsection shall not bar an action for a
31 temporary restraining order to prevent immediate and
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 irreparable harm from the actions complained of.
2 (a) Notice by publication and by mailed notice to all
3 abutting property owners within 10 days of the filing of an
4 application for development review, provided that notice under
5 this subsection shall not be required for an application for a
6 building permit. The notice must delineate that aggrieved or
7 adversely affected persons have the right to request a
8 quasi-judicial hearing, that the request need not be a formal
9 petition or complaint, how to initiate the quasi-judicial
10 process and the time-frames for initiating the process. The
11 local government shall include an opportunity for an
12 alternative dispute resolution process and may include a stay
13 of the formal quasi-judicial hearing for this purpose.
14 (b) A point of entry into the process consisting of a
15 written preliminary decision, at a time and in a manner to be
16 established in the local ordinance, with the time to request a
17 quasi-judicial hearing running from the written preliminary
18 decision; provided that the local government is not bound by
19 the preliminary decision. A party may request a hearing to
20 challenge or support a preliminary decision.
21 (c) An opportunity to participate in the process for
22 an aggrieved or adversely affected party which provides a
23 reasonable time to prepare and present a case for a
24 quasi-judicial hearing.
25 (d) An opportunity for reasonable discovery prior to a
26 quasi-judicial hearing.
27 (e) A quasi-judicial hearing before an independent
28 special master who shall be an attorney with at least five
29 years experience and who shall, at the conclusion of the
30 hearing, recommend written findings of fact and conclusions of
31 law.
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (f) At the quasi-judicial hearing all parties shall
2 have the opportunity to respond, present evidence and argument
3 on all issues involved that are related to the development
4 order and to conduct cross-examination and submit rebuttal
5 evidence. Public testimony must be allowed.
6 (g) The standard of review applied by the special
7 master shall be strict scrutiny in accordance with Florida
8 law.
9 (h) A duly noticed public hearing before the local
10 government at which public testimony shall be allowed. At the
11 hearing the local government shall be bound by the special
12 master's findings of fact unless the findings of fact are not
13 supported by competent substantial evidence. The governing
14 body may modify the conclusions of law if it finds that the
15 special master's application or interpretation of law is
16 erroneous. The governing body may make reasonable
17 interpretations of its comprehensive plan and land development
18 regulations without regard to whether the special master's
19 interpretation is labeled as a finding of fact or a conclusion
20 of law. The local government's final decision shall be
21 reduced to writing, including the findings of fact and
22 conclusions of law, and shall not be considered rendered or
23 final until officially date stamped by the city or county
24 clerk.
25 (i) No ex parte communication relating to the merits
26 of the matter under review shall be made to the special
27 master. No ex parte communication relating to the merits of
28 the matter under review shall be made to the governing body
29 after a time to be established by the local ordinance, but no
30 later than receipt of the recommended order by the governing
31 body.
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (j) At the option of the local government this
2 ordinance may require actions to challenge the consistency of
3 a development order with land development regulations to be
4 brought in the same proceeding.
5 (k) Authority by the special master to issue and
6 enforce subpoenas and compel entry upon land.
7 (5) Venue in any cases brought under this section
8 shall lie in the county or counties where the actions or
9 inactions giving rise to the cause of action are alleged to
10 have occurred.
11 (6) The signature of an attorney or party constitutes
12 a certificate that he or she has read the pleading, motion, or
13 other paper and that, to the best of his or her knowledge,
14 information, and belief formed after reasonable inquiry, it is
15 not interposed for any improper purpose, such as to harass or
16 to cause unnecessary delay or for economic advantage,
17 competitive reasons or frivolous purposes or needless increase
18 in the cost of litigation. If a pleading, motion, or other
19 paper is signed in violation of these requirements, the court,
20 upon motion or its own initiative, shall impose upon the
21 person who signed it, a represented party, or both, an
22 appropriate sanction, which may include an order to pay to the
23 other party or parties the amount of reasonable expenses
24 incurred because of the filing of the pleading, motion, or
25 other paper, including a reasonable attorney's fee.
26 (7) In any suit action under subsections (1) or (4)
27 this section, no settlement shall be entered into by the local
28 government unless the terms of the settlement have been the
29 subject of a public hearing after notice as required by this
30 part.
31 (8) In any suit under this section, the Department of
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 Legal Affairs may intervene to represent the interests of the
2 state.
3 (9) Nothing in this section shall be construed to
4 relieve the local government of its obligations to hold public
5 hearings as required by law.
6 Section 12. Subsection (9) of section 163.3244,
7 Florida Statutes, is amended to read:
8 163.3244 Sustainable communities demonstration
9 project.--
10 (9) This section is shall stand repealed on June 30,
11 2002 2001, and shall be reviewed by the Legislature prior to
12 that date.
13 Section 13. Subsections (2) and (3) of section
14 186.504, Florida Statutes, are amended to read:
15 186.504 Regional planning councils; creation;
16 membership.--
17 (2) Membership on the regional planning council shall
18 be as follows:
19 (a) Representatives appointed by each of the member
20 counties in the geographic area covered by the regional
21 planning council.
22 (b) Representatives from other member local
23 general-purpose governments in the geographic area covered by
24 the regional planning council.
25 (c) Representatives appointed by the Governor from the
26 geographic area covered by the regional planning council,
27 including an elected school board member from the geographic
28 area covered by the regional planning council, to be nominated
29 by the Florida School Board Association.
30 (3) Not less than two-thirds of the representatives
31 serving as voting members on the governing bodies of such
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 regional planning councils shall be elected officials of local
2 general-purpose governments chosen by the cities and counties
3 of the region, provided each county shall have at least one
4 vote. The remaining one-third of the voting members on the
5 governing board shall be appointed by the Governor, to include
6 one elected school board member, subject to confirmation by
7 the Senate, and shall reside in the region. No two appointees
8 of the Governor shall have their places of residence in the
9 same county until each county within the region is represented
10 by a Governor's appointee to the governing board. Nothing
11 contained in this section shall deny to local governing bodies
12 or the Governor the option of appointing either locally
13 elected officials or lay citizens provided at least two-thirds
14 of the governing body of the regional planning council is
15 composed of locally elected officials.
16 Section 14. Subsection (6) of section 212.055, Florida
17 Statutes, is amended to read:
18 212.055 Discretionary sales surtaxes; legislative
19 intent; authorization and use of proceeds.--It is the
20 legislative intent that any authorization for imposition of a
21 discretionary sales surtax shall be published in the Florida
22 Statutes as a subsection of this section, irrespective of the
23 duration of the levy. Each enactment shall specify the types
24 of counties authorized to levy; the rate or rates which may be
25 imposed; the maximum length of time the surtax may be imposed,
26 if any; the procedure which must be followed to secure voter
27 approval, if required; the purpose for which the proceeds may
28 be expended; and such other requirements as the Legislature
29 may provide. Taxable transactions and administrative
30 procedures shall be as provided in s. 212.054.
31 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (a) The school board in each county may levy, pursuant
2 to resolution conditioned to take effect only upon approval by
3 a majority vote of the electors of the county voting in a
4 referendum, a discretionary sales surtax at a rate that may
5 not exceed 0.5 percent.
6 (b) The resolution shall include a statement that
7 provides a brief and general description of the school capital
8 outlay projects to be funded by the surtax. If applicable, the
9 resolution must state that the district school board has been
10 recognized by the State Board of Education as having a Florida
11 Frugal Schools Program. The statement shall conform to the
12 requirements of s. 101.161 and shall be placed on the ballot
13 by the governing body of the county. The following question
14 shall be placed on the ballot:
15
16 ....FOR THE ....CENTS TAX
17 ....AGAINST THE ....CENTS TAX
18
19 (c) As an alternative method of levying the
20 discretionary sales surtax, the district school board may
21 levy, pursuant to resolution adopted by a supermajority of the
22 members of the school board, a discretionary sales surtax at a
23 rate not to exceed 0.5 percent where the following conditions
24 are met:
25 1. The district school board and local governments in
26 the county where the school district is located have adopted
27 the interlocal agreement and public educational facilities
28 element required by s. 163.31776;
29 2. The district school board has adopted a district
30 educational facilities plan pursuant to s. 235.185; and
31 3. The district school board has been recognized by
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 the State Board of Education as having a Florida Frugal School
2 Program pursuant to s. 235.2197 and complies with s.
3 235.2197(2)(b) and (c).
4
5 For purposes of this paragraph, the term "supermajority vote"
6 means an affirmative vote of a majority of the membership of
7 the school board plus one.
8 (d)(c) The resolution providing for the imposition of
9 the surtax shall set forth a plan for use of the surtax
10 proceeds for fixed capital expenditures or fixed capital costs
11 associated with the construction, reconstruction, or
12 improvement of school facilities and campuses which have a
13 useful life expectancy of 5 or more years, and any land
14 acquisition, land improvement, design, and engineering costs
15 related thereto. Additionally, the plan shall include the
16 costs of retrofitting and providing for technology
17 implementation, including hardware and software, for the
18 various sites within the school district. Surtax revenues may
19 be used for the purpose of servicing bond indebtedness to
20 finance projects authorized by this subsection, and any
21 interest accrued thereto may be held in trust to finance such
22 projects. Neither the proceeds of the surtax nor any interest
23 accrued thereto shall be used for operational expenses. If the
24 district school board has been recognized by the State Board
25 of Education as having a Florida Frugal Schools Program, the
26 district's plan for use of the surtax proceeds must be
27 consistent with this subsection and with uses assured under
28 the Florida Frugal Schools Program.
29 (e)(d) Any school board imposing the surtax shall
30 implement a freeze on noncapital local school property taxes,
31 at the millage rate imposed in the year prior to the
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 implementation of the surtax, for a period of at least 3 years
2 from the date of imposition of the surtax. This provision
3 shall not apply to existing debt service or required state
4 taxes.
5 (f)(e) Surtax revenues collected by the Department of
6 Revenue pursuant to this subsection shall be distributed to
7 the school board imposing the surtax in accordance with law.
8 Section 15. Section 235.002, Florida Statutes, is
9 amended to read:
10 235.002 Intent.--
11 (1) The intent of the Legislature is to:
12 (a) To provide each student in the public education
13 system the availability of an educational environment
14 appropriate to his or her educational needs which is
15 substantially equal to that available to any similar student,
16 notwithstanding geographic differences and varying local
17 economic factors, and to provide facilities for the Florida
18 School for the Deaf and the Blind and other educational
19 institutions and agencies as may be defined by law.
20 (a)(b) To Encourage the use of innovative designs,
21 construction techniques, and financing mechanisms in building
22 educational facilities for the purposes purpose of reducing
23 costs to the taxpayer, creating a more satisfactory
24 educational environment, and reducing the amount of time
25 necessary for design and construction to fill unmet needs, and
26 permitting the on-site and off-site improvements required by
27 law.
28 (b)(c) To Provide a systematic mechanism whereby
29 educational facilities construction plans can meet the current
30 and projected needs of the public education system population
31 as quickly as possible by building uniform, sound educational
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 environments and to provide a sound base for planning for
2 educational facilities needs.
3 (c)(d) To Provide proper legislative support for as
4 wide a range of fiscally sound financing methodologies as
5 possible for the delivery of educational facilities and, where
6 appropriate, for their construction, operation, and
7 maintenance.
8 (d) Establish a systematic process of sharing
9 information between school boards and local governments on the
10 growth and development trends in their communities in order to
11 forecast future enrollment and school needs.
12 (e) Establish a systematic process by which school
13 boards and local governments can cooperatively plan for the
14 provision of educational facilities to meet the current and
15 projected needs of the public education system, including the
16 needs placed on the public education system as a result of
17 growth and development decisions by local governments.
18 (f) Establish a systematic process by which local
19 governments and school boards can cooperatively identify and
20 meet the infrastructure needs of public schools.
21 (2) The Legislature finds and declares that:
22 (a) Public schools are a linchpin to the vitality of
23 our communities and play a significant role in the thousands
24 of individual housing decisions that result in community
25 growth trends.
26 (b)(a) Growth and development issues transcend the
27 boundaries and responsibilities of individual units of
28 government, and often no single unit of government can plan or
29 implement policies to deal with these issues without affecting
30 other units of government.
31 (c)(b) The effective and efficient provision of public
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 educational facilities and services enhances is essential to
2 preserving and enhancing the quality of life of the people of
3 this state.
4 (d)(c) The provision of educational facilities often
5 impacts community infrastructure and services. Assuring
6 coordinated and cooperative provision of such facilities and
7 associated infrastructure and services is in the best interest
8 of the state.
9 Section 16. Section 235.15, Florida Statutes, is
10 amended to read:
11 235.15 Educational plant survey; localized need
12 assessment; PECO project funding.--
13 (1) At least every 5 years, each board, including the
14 Board of Regents, shall arrange for an educational plant
15 survey, to aid in formulating plans for housing the
16 educational program and student population, faculty,
17 administrators, staff, and auxiliary and ancillary services of
18 the district or campus, including consideration of the local
19 comprehensive plan. The Division of Workforce Development
20 shall document the need for additional career and adult
21 education programs and the continuation of existing programs
22 before facility construction or renovation related to career
23 or adult education may be included in the educational plant
24 survey of a school district or community college that delivers
25 career or adult education programs. Information used by the
26 Division of Workforce Development to establish facility needs
27 must include, but need not be limited to, labor market data,
28 needs analysis, and information submitted by the school
29 district or community college.
30 (a) Survey preparation and required data.--Each survey
31 shall be conducted by the board or an agency employed by the
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 board. Surveys shall be reviewed and approved by the board,
2 and a file copy shall be submitted to the Office of
3 Educational Facilities of the Commissioner of Education. The
4 survey report shall include at least an inventory of existing
5 educational and ancillary plants; recommendations for existing
6 educational and ancillary plants, including safe access
7 facilities; recommendations for new educational or ancillary
8 plants, including the general location of each in coordination
9 with the land use plan and safe access facilities; campus
10 master plan update and detail for community colleges; the
11 utilization of school plants based on an extended school day
12 or year-round operation; and such other information as may be
13 required by the rules of the State Board of Education. This
14 report may be amended, if conditions warrant, at the request
15 of the board or commissioner.
16 (b) Required need assessment criteria for district,
17 community college, and state university plant surveys.--Each
18 Educational plant surveys survey completed after December 31,
19 1997, must use uniform data sources and criteria specified in
20 this paragraph. Each educational plant survey completed after
21 June 30, 1995, and before January 1, 1998, must be revised, if
22 necessary, to comply with this paragraph. Each revised
23 educational plant survey and each new educational plant survey
24 supersedes previous surveys.
25 1. The school district's survey must be submitted as a
26 part of the district educational facilities plan defined in s.
27 235.185. Each school district's educational plant survey must
28 reflect the capacity of existing satisfactory facilities as
29 reported in the Florida Inventory of School Houses.
30 Projections of facility space needs may not exceed the norm
31 space and occupant design criteria established by the State
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 Requirements for Educational Facilities. Existing and
2 projected capital outlay full-time equivalent student
3 enrollment must be consistent with data prepared by the
4 department and must include all enrollment used in the
5 calculation of the distribution formula in s. 235.435(3). All
6 satisfactory relocatable classrooms, including those owned,
7 lease-purchased, or leased by the school district, shall be
8 included in the school district inventory of gross capacity of
9 facilities and must be counted at actual student capacity for
10 purposes of the inventory. For future needs determination,
11 student capacity shall not be assigned to any relocatable
12 classroom that is scheduled for elimination or replacement
13 with a permanent educational facility in the adopted 5-year
14 educational plant survey and in the district facilities work
15 program adopted under s. 235.185. Those relocatables clearly
16 identified and scheduled for replacement in a school board
17 adopted financially feasible 5-year district facilities work
18 program shall be counted at zero capacity at the time the work
19 program is adopted and approved by the school board. However,
20 if the district facilities work program is changed or altered
21 and the relocatables are not replaced as scheduled in the work
22 program, they must then be reentered into the system for
23 counting at actual capacity. Relocatables may not be
24 perpetually added to the work program and continually extended
25 for purposes of circumventing the intent of this section. All
26 remaining relocatable classrooms, including those owned,
27 lease-purchased, or leased by the school district, shall be
28 counted at actual student capacity. The educational plant
29 survey shall identify the number of relocatable student
30 stations scheduled for replacement during the 5-year survey
31 period and the total dollar amount needed for that
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 replacement. All district educational plant surveys revised
2 after July 1, 1998, shall include information on leased space
3 used for conducting the district's instructional program, in
4 accordance with the recommendations of the department's report
5 authorized in s. 235.056. A definition of satisfactory
6 relocatable classrooms shall be established by rule of the
7 department.
8 2. Each survey of a special facility, joint-use
9 facility, or cooperative vocational education facility must be
10 based on capital outlay full-time equivalent student
11 enrollment data prepared by the department for school
12 districts, by the Division of Community Colleges for community
13 colleges, and by the Board of Regents for state universities.
14 A survey of space needs of a joint-use facility shall be based
15 upon the respective space needs of the school districts,
16 community colleges, and universities, as appropriate.
17 Projections of a school district's facility space needs may
18 not exceed the norm space and occupant design criteria
19 established by the State Requirements for Educational
20 Facilities.
21 3. Each community college's survey must reflect the
22 capacity of existing facilities as specified in the inventory
23 maintained by the Division of Community Colleges. Projections
24 of facility space needs must comply with standards for
25 determining space needs as specified by rule of the State
26 Board of Education. The 5-year projection of capital outlay
27 student enrollment must be consistent with the annual report
28 of capital outlay full-time student enrollment prepared by the
29 Division of Community Colleges.
30 4. Each state university's survey must reflect the
31 capacity of existing facilities as specified in the inventory
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 maintained and validated by the Board of Regents. Projections
2 of facility space needs must be consistent with standards for
3 determining space needs approved by the Board of Regents. The
4 projected capital outlay full-time equivalent student
5 enrollment must be consistent with the 5-year planned
6 enrollment cycle for the State University System approved by
7 the Board of Regents.
8 5. The district educational facilities plan
9 educational plant survey of a school district and the
10 educational plant survey of a, community college, or state
11 university may include space needs that deviate from approved
12 standards for determining space needs if the deviation is
13 justified by the district or institution and approved by the
14 department or the Board of Regents, as appropriate, as
15 necessary for the delivery of an approved educational program.
16 (c) Review and validation.--The Office of Educational
17 Facilities of the Commissioner of Education department shall
18 review and validate the surveys of school districts and
19 community colleges and any amendments thereto for compliance
20 with the requirements of this chapter and, when required by
21 the State Constitution, shall recommend those in compliance
22 for approval by the State Board of Education.
23 (2) Only the superintendent or the college president
24 shall certify to the Office of Educational Facilities of the
25 Commissioner of Education department a project's compliance
26 with the requirements for expenditure of PECO funds prior to
27 release of funds.
28 (a) Upon request for release of PECO funds for
29 planning purposes, certification must be made to the Office of
30 Educational Facilities of the Commissioner of Education
31 department that the need for and location of the facility are
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 in compliance with the board-approved survey recommendations,
2 and that the project meets the definition of a PECO project
3 and the limiting criteria for expenditures of PECO funding,
4 and the plan is consistent with the local government
5 comprehensive plan.
6 (b) Upon request for release of construction funds,
7 certification must be made to the Office of Educational
8 Facilities of the Commissioner of Education department that
9 the need and location of the facility are in compliance with
10 the board-approved survey recommendations, that the project
11 meets the definition of a PECO project and the limiting
12 criteria for expenditures of PECO funding, and that the
13 construction documents meet the requirements of the State
14 Uniform Building Code for Educational Facilities Construction
15 or other applicable codes as authorized in this chapter.
16 Section 17. Subsection (3) of section 235.175, Florida
17 Statutes, is amended to read:
18 235.175 SMART schools; Classrooms First; legislative
19 purpose.--
20 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK
21 PROGRAMS.--It is the purpose of the Legislature to create s.
22 235.185, requiring each school district annually to adopt an
23 educational facilities plan that provides an integrated
24 long-range facilities plan, including the survey of projected
25 needs and the a district facilities 5-year work program. The
26 purpose of the educational facilities plan district facilities
27 work program is to keep the school board, local governments,
28 and the public fully informed as to whether the district is
29 using sound policies and practices that meet the essential
30 needs of students and that warrant public confidence in
31 district operations. The educational facilities plan district
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 facilities work program will be monitored by the SMART Schools
2 Clearinghouse, which will also apply performance standards
3 pursuant to s. 235.218.
4 Section 18. Section 235.18, Florida Statutes, is
5 amended to read:
6 235.18 Annual capital outlay budget.--Each board,
7 including the Board of Regents, shall, each year, adopt a
8 capital outlay budget for the ensuing year in order that the
9 capital outlay needs of the board for the entire year may be
10 well understood by the public. This capital outlay budget
11 shall be a part of the annual budget and shall be based upon
12 and in harmony with the educational plant and ancillary
13 facilities plan. This budget shall designate the proposed
14 capital outlay expenditures by project for the year from all
15 fund sources. The board may not expend any funds on any
16 project not included in the budget, as amended. Each district
17 school board must prepare its tentative district education
18 facilities plan facilities work program as required by s.
19 235.185 before adopting the capital outlay budget.
20 Section 19. Section 235.185, Florida Statutes, is
21 amended to read:
22 235.185 School district educational facilities plan
23 work program; definitions; preparation, adoption, and
24 amendment; long-term work programs.--
25 (1) DEFINITIONS.--As used in this section, the term:
26 (a) "Adopted educational facilities plan" means the
27 comprehensive planning document that is adopted annually by
28 the district school board as provided in subsection (2) and
29 that contains the educational plant survey.
30 (a) "Adopted district facilities work program" means
31 the 5-year work program adopted by the district school board
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 as provided in subsection (3).
2 (b) "Tentative District facilities work program" means
3 the 5-year listing of capital outlay projects, adopted by the
4 district school board as provided in subparagraph (2)(a)2. and
5 paragraph (2)(b) as part of the district educational
6 facilities plan, which is required in order to:
7 1. To Properly maintain the educational plant and
8 ancillary facilities of the district.
9 2. To Provide an adequate number of satisfactory
10 student stations for the projected student enrollment of the
11 district in K-12 programs in accordance with the goal in s.
12 235.062.
13 (c) "Tentative educational facilities plan" means the
14 comprehensive planning document prepared annually by the
15 district school board and submitted to the Office of
16 Educational Facilities of the Commissioner of Education and
17 the affected general-purpose local governments.
18 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
19 FACILITIES PLAN WORK PROGRAM.--
20 (a) Annually, prior to the adoption of the district
21 school budget, each school board shall prepare a tentative
22 district educational facilities plan that includes long-range
23 planning for facilities needs over 5-year, 10-year, and
24 20-year periods. The plan must be developed in coordination
25 with the general-purpose local governments and be consistent
26 with the local government comprehensive plans. The school
27 board's plan for provision of new schools must meet the needs
28 of all growing communities in the district, ranging from small
29 rural communities to large urban cities. The plan must include
30 work program that includes:
31 1. Projected student populations apportioned
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1 geographically at the local level. The projections must be
2 based on information produced by the demographic, revenue, and
3 education estimating conferences pursuant to s. 216.136, where
4 available, as modified by the district based on development
5 data and agreement with the local governments and the Office
6 of Educational Facilities of the Commissioner of Education.
7 The projections must be apportioned geographically with
8 assistance from the local governments using local development
9 trend data and the school district student enrollment data.
10 2. An inventory of existing school facilities. Any
11 anticipated expansions or closures of existing school sites
12 over the 5-year, 10-year, and 20-year periods must be
13 identified. The inventory must include an assessment of areas
14 proximate to existing schools and identification of the need
15 for improvements to infrastructure, safety, including safe
16 access routes, and conditions in the community. The plan must
17 also provide a listing of major repairs and renovation
18 projects anticipated over the period of the plan.
19 3. Projections of facilities space needs, which may
20 not exceed the norm space and occupant design criteria
21 established in the State Requirements for Educational
22 Facilities.
23 4. Information on leased, loaned, and donated space
24 and relocatables used for conducting the district's
25 instructional programs.
26 5. The general location of public schools proposed to
27 be constructed over the 5-year, 10-year, and 20-year time
28 periods, including a listing of the proposed schools' site
29 acreage needs and anticipated capacity and maps showing the
30 general locations. The school board's identification of
31 general locations of future school sites must be based on the
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1 school siting requirements of s. 163.3177(6)(a) and policies
2 in the comprehensive plan which provide guidance for
3 appropriate locations for school sites.
4 6. The identification of options deemed reasonable and
5 approved by the school board which reduce the need for
6 additional permanent student stations. Such options may
7 include, but need not be limited to:
8 a. Acceptable capacity;
9 b. Redistricting;
10 c. Busing;
11 d. Year-round schools; and
12 e. Charter schools.
13 7. The criteria and method, jointly determined by the
14 local government and the school board, for determining the
15 impact to public school capacity in response to a local
16 government request for a report pursuant to s. 235.193(4).
17 (b) The plan must also include a financially feasible
18 district facilities work program for a 5-year period. The work
19 program must include:
20 1. A schedule of major repair and renovation projects
21 necessary to maintain the educational facilities plant and
22 ancillary facilities of the district.
23 2. A schedule of capital outlay projects necessary to
24 ensure the availability of satisfactory student stations for
25 the projected student enrollment in K-12 programs. This
26 schedule shall consider:
27 a. The locations, capacities, and planned utilization
28 rates of current educational facilities of the district. The
29 capacity of existing satisfactory facilities, as reported in
30 the Florida Inventory of School Houses must be compared to the
31 capital outlay full-time-equivalent student enrollment as
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1 determined by the department including all enrollment used in
2 the calculation of the distribution formula in s. 235.435(3).
3 b. The proposed locations of planned facilities,
4 whether those locations are consistent with the comprehensive
5 plans of all affected local governments, and recommendations
6 for infrastructure and other improvements to land adjacent to
7 existing facilities. The provisions of ss. 235.19 and
8 235.193(6), (7), and (8) must be addressed for new facilities
9 planned within the first 3 years of the work plan, as
10 appropriate.
11 c. Plans for the use and location of relocatable
12 facilities, leased facilities, and charter school facilities.
13 d. Plans for multitrack scheduling, grade level
14 organization, block scheduling, or other alternatives that
15 reduce the need for additional permanent student stations.
16 e. Information concerning average class size and
17 utilization rate by grade level within the district which that
18 will result if the tentative district facilities work program
19 is fully implemented. The average shall not include
20 exceptional student education classes or prekindergarten
21 classes.
22 f. The number and percentage of district students
23 planned to be educated in relocatable facilities during each
24 year of the tentative district facilities work program. For
25 determining future needs, student capacity may not be assigned
26 to any relocatable classroom that is scheduled for elimination
27 or replacement with a permanent educational facility in the
28 current year of the adopted district educational facilities
29 plan and in the district facilities work program adopted under
30 this section. Those relocatable classrooms clearly identified
31 and scheduled for replacement in a school-board-adopted,
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1 financially feasible, 5-year district facilities work program
2 shall be counted at zero capacity at the time the work program
3 is adopted and approved by the school board. However, if the
4 district facilities work program is changed and the
5 relocatable classrooms are not replaced as scheduled in the
6 work program, the classrooms must be reentered into the system
7 and be counted at actual capacity. Relocatable classrooms may
8 not be perpetually added to the work program or continually
9 extended for purposes of circumventing this section. All
10 relocatable classrooms not identified and scheduled for
11 replacement, including those owned, lease-purchased, or leased
12 by the school district, must be counted at actual student
13 capacity. The district educational facilities plan must
14 identify the number of relocatable student stations scheduled
15 for replacement during the 5-year survey period and the total
16 dollar amount needed for that replacement.
17 g. Plans for the closure of any school, including
18 plans for disposition of the facility or usage of facility
19 space, and anticipated revenues.
20 h. Projects for which capital outlay and debt service
21 funds accruing under s. 9(d), Art. XII of the State
22 Constitution are to be used shall be identified separately in
23 priority order on a project priority list within the district
24 facilities work program.
25 3. The projected cost for each project identified in
26 the tentative district facilities work program. For proposed
27 projects for new student stations, a schedule shall be
28 prepared comparing the planned cost and square footage for
29 each new student station, by elementary, middle, and high
30 school levels, to the low, average, and high cost of
31 facilities constructed throughout the state during the most
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1 recent fiscal year for which data is available from the
2 Department of Education.
3 4. A schedule of estimated capital outlay revenues
4 from each currently approved source which is estimated to be
5 available for expenditure on the projects included in the
6 tentative district facilities work program.
7 5. A schedule indicating which projects included in
8 the tentative district facilities work program will be funded
9 from current revenues projected in subparagraph 4.
10 6. A schedule of options for the generation of
11 additional revenues by the district for expenditure on
12 projects identified in the tentative district facilities work
13 program which are not funded under subparagraph 5. Additional
14 anticipated revenues may include effort index grants, SIT
15 Program awards, and Classrooms First funds.
16 (c)(b) To the extent available, the tentative district
17 educational facilities plan work program shall be based on
18 information produced by the demographic, revenue, and
19 education estimating conferences pursuant to s. 216.136.
20 (d)(c) Provision shall be made for public comment
21 concerning the tentative district educational facilities plan
22 work program.
23 (e) The district school board shall coordinate with
24 each affected local government to ensure consistency between
25 the tentative district educational facilities plan and the
26 local government comprehensive plans of the affected local
27 governments during the development of the tentative district
28 educational facilities plan.
29 (f) Commencing on October 1, 2001, and not less than
30 once every 5 years thereafter, the district school board shall
31 contract with a qualified, independent third party to conduct
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1 a financial management and performance audit of the
2 educational planning and construction activities of the
3 district. An audit conducted by the Auditor General satisfies
4 this requirement.
5 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
6 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school
7 board shall submit a copy of its tentative district
8 educational facilities plan to all affected local governments
9 prior to adoption by the board. The affected local governments
10 shall review the tentative district educational facilities
11 plan and comment to the district school board on the
12 consistency of the plan with the local comprehensive plan,
13 whether a comprehensive plan amendment will be necessary for
14 any proposed educational facility, and whether the local
15 government supports a necessary comprehensive plan amendment.
16 If the local government does not support a comprehensive plan
17 amendment for a proposed educational facility, the matter
18 shall be resolved pursuant to the interlocal agreement
19 required by ss. 163.31776(4) and 235.193(2). The process for
20 the submittal and review shall be detailed in the interlocal
21 agreement required pursuant to ss. 163.31776(4) and
22 235.193(2).
23 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN
24 WORK PROGRAM.--Annually, the district school board shall
25 consider and adopt the tentative district educational
26 facilities plan work program completed pursuant to subsection
27 (2). Upon giving proper public notice to the public and local
28 governments and opportunity for public comment, the district
29 school board may amend the plan program to revise the priority
30 of projects, to add or delete projects, to reflect the impact
31 of change orders, or to reflect the approval of new revenue
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1 sources which may become available. The adopted district
2 educational facilities plan work program shall:
3 (a) Be a complete, balanced, and financially feasible
4 capital outlay financial plan for the district.
5 (b) Set forth the proposed commitments and planned
6 expenditures of the district to address the educational
7 facilities needs of its students and to adequately provide for
8 the maintenance of the educational plant and ancillary
9 facilities, including safe access ways from neighborhoods to
10 schools.
11 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL
12 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted
13 district educational facilities plan work program shall
14 constitute the capital outlay budget required in s. 235.18.
15 The adopted district educational facilities plan work program
16 shall include the information required in subparagraphs
17 (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects
18 actually funded in the program.
19 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to
20 the adopted district facilities work program covering the
21 5-year work program, the district school board shall adopt
22 annually a 10-year and a 20-year work program which include
23 the information set forth in subsection (2), but based upon
24 enrollment projections and facility needs for the 10-year and
25 20-year periods. It is recognized that the projections in the
26 10-year and 20-year timeframes are tentative and should be
27 used only for general planning purposes.
28 Section 20. Section 235.188, Florida Statutes, is
29 amended to read:
30 235.188 Full bonding required to participate in
31 programs.--Any district with unused bonding capacity in its
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Amendment No. ___ Barcode 812120
1 Capital Outlay and Debt Service Trust Fund allocation that
2 certifies in its district educational facilities plan work
3 program that it will not be able to meet all of its need for
4 new student stations within existing revenues must fully bond
5 its Capital Outlay and Debt Service Trust Fund allocation
6 before it may participate in Classrooms First, the School
7 Infrastructure Thrift (SIT) Program, or the Effort Index
8 Grants Program.
9 Section 21. Section 235.19, Florida Statutes, is
10 amended to read:
11 235.19 Site planning and selection.--
12 (1) If the school board and local government have
13 entered into an interlocal agreement pursuant to ss.
14 163.31776(4) and 235.193(2) and have developed a process to
15 ensure consistency between the local government comprehensive
16 plan and the school district educational facilities plan and a
17 method to coordinate decisionmaking and approved activities
18 relating to school planning and site selection, the provisions
19 of this section do not apply to such school board and local
20 government.
21 (2)(1) Before acquiring property for sites, each board
22 shall determine the location of proposed educational centers
23 or campuses for the board. In making this determination, the
24 board shall consider existing and anticipated site needs and
25 the most economical and practicable locations of sites. The
26 board shall coordinate with the long-range or comprehensive
27 plans of local, regional, and state governmental agencies to
28 assure the consistency compatibility of such plans with site
29 planning. Boards are encouraged to locate schools proximate to
30 urban residential areas to the extent possible, and shall seek
31 to collocate schools with other public facilities, such as
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Amendment No. ___ Barcode 812120
1 parks, libraries, and community centers, to the extent
2 possible and to encourage using elementary schools as focal
3 points for neighborhoods.
4 (3)(2) Each new site selected must be adequate in size
5 to meet the educational needs of the students to be served on
6 that site by the original educational facility or future
7 expansions of the facility through renovation or the addition
8 of relocatables. The Commissioner of Education shall prescribe
9 by rule recommended sizes for new sites according to
10 categories of students to be housed and other appropriate
11 factors determined by the commissioner. Less-than-recommended
12 site sizes are allowed if the board, by a two-thirds majority,
13 recommends such a site and finds that it can provide an
14 appropriate and equitable educational program on the site.
15 (4)(3) Sites recommended for purchase, or purchased,
16 in accordance with chapter 230 or chapter 240 must meet
17 standards prescribed therein and such supplementary standards
18 as the school board commissioner prescribes to promote the
19 educational interests of the students. Each site must be well
20 drained and suitable for outdoor educational purposes as
21 appropriate for the educational program or colocated with
22 facilities to serve this purpose. As provided in s. 333.03,
23 the site must not be located within any path of flight
24 approach of any airport. Insofar as is practicable, the site
25 must not adjoin a right-of-way of any railroad or through
26 highway and must not be adjacent to any factory or other
27 property from which noise, odors, or other disturbances, or at
28 which conditions, would be likely to interfere with the
29 educational program. To the extent practicable, sites must be
30 chosen that will provide safe access from neighborhoods to
31 schools.
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1 (5)(4) It shall be the responsibility of the board to
2 provide adequate notice to appropriate municipal, county,
3 regional, and state governmental agencies for requested
4 traffic control and safety devices so they can be installed
5 and operating prior to the first day of classes or to satisfy
6 itself that every reasonable effort has been made in
7 sufficient time to secure the installation and operation of
8 such necessary devices prior to the first day of classes. It
9 shall also be the responsibility of the board to review
10 annually traffic control and safety device needs and to
11 request all necessary changes indicated by such review.
12 (6)(5) Each board may request county and municipal
13 governments to construct and maintain sidewalks and bicycle
14 trails within a 2-mile radius of each educational facility
15 within the jurisdiction of the local government. When a board
16 discovers or is aware of an existing hazard on or near a
17 public sidewalk, street, or highway within a 2-mile radius of
18 a school site and the hazard endangers the life or threatens
19 the health or safety of students who walk, ride bicycles, or
20 are transported regularly between their homes and the school
21 in which they are enrolled, the board shall, within 24 hours
22 after discovering or becoming aware of the hazard, excluding
23 Saturdays, Sundays, and legal holidays, report such hazard to
24 the governmental entity within the jurisdiction of which the
25 hazard is located. Within 5 days after receiving notification
26 by the board, excluding Saturdays, Sundays, and legal
27 holidays, the governmental entity shall investigate the
28 hazardous condition and either correct it or provide such
29 precautions as are practicable to safeguard students until the
30 hazard can be permanently corrected. However, if the
31 governmental entity that has jurisdiction determines upon
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1 investigation that it is impracticable to correct the hazard,
2 or if the entity determines that the reported condition does
3 not endanger the life or threaten the health or safety of
4 students, the entity shall, within 5 days after notification
5 by the board, excluding Saturdays, Sundays, and legal
6 holidays, inform the board in writing of its reasons for not
7 correcting the condition. The governmental entity, to the
8 extent allowed by law, shall indemnify the board from any
9 liability with respect to accidents or injuries, if any,
10 arising out of the hazardous condition.
11 Section 22. Section 235.193, Florida Statutes, is
12 amended to read:
13 235.193 Coordination of planning with local governing
14 bodies.--
15 (1) It is the policy of this state to require the
16 coordination of planning between boards and local governing
17 bodies to ensure that plans for the construction and opening
18 of public educational facilities are facilitated and
19 coordinated in time and place with plans for residential
20 development, concurrently with other necessary services. Such
21 planning shall include the integration of the educational
22 facilities plan plant survey and applicable policies and
23 procedures of a board with the local comprehensive plan and
24 land development regulations of local governments governing
25 bodies. The planning must include the consideration of
26 allowing students to attend the school located nearest their
27 homes when a new housing development is constructed near a
28 county boundary and it is more feasible to transport the
29 students a short distance to an existing facility in an
30 adjacent county than to construct a new facility or transport
31 students longer distances in their county of residence. The
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1 planning must also consider the effects of the location of
2 public education facilities, including the feasibility of
3 keeping central city facilities viable, in order to encourage
4 central city redevelopment and the efficient use of
5 infrastructure and to discourage uncontrolled urban sprawl. In
6 addition, all parties to the planning process must consult
7 with state and local road departments to assist in
8 implementing the Safe Paths to Schools program administered by
9 the Department of Transportation.
10 (2) No later than 6 months prior to the transmittal of
11 a public educational facilities element by general purpose
12 local governments meeting the criteria of s. 163.31776(3), the
13 school district, the county, and the non-exempt municipalities
14 shall enter into an interlocal agreement that establishes a
15 process for developing coordinated and consistent local
16 government public educational facilities elements and a
17 district educational facilities plan, including a process:
18 (a) By which each local government and the school
19 district agree and base the local government comprehensive
20 plan and educational facilities plan on uniform projections of
21 the amount, type, and distribution of population growth and
22 student enrollment.
23 (b) To coordinate and share information relating to
24 existing and planned public school facilities and local
25 government plans for development and redevelopment.
26 (c) To ensure that school-siting decisions by the
27 school board are consistent with the local comprehensive plan,
28 including appropriate circumstances and criteria under which a
29 school district may request an amendment to the comprehensive
30 plan for school siting, and to ensure early involvement by the
31 local government as the school board identifies potential
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Amendment No. ___ Barcode 812120
1 school sites.
2 (d) To coordinate and provide timely formal comments
3 during the development, adoption, and amendment of each local
4 government's public educational facilities element and the
5 educational facilities plan of the school district to ensure a
6 uniform, countywide school facility planning system.
7 (e) For school-district participation in the review of
8 comprehensive plan amendments and rezonings that increase
9 residential density and that are reasonably expected to have
10 an impact on public school facility demand pursuant to s.
11 163.31777. The interlocal agreement must specify how the
12 school board and local governments will develop the
13 methodology and the criteria for determining whether school
14 facility capacity will be reasonably available at the time of
15 projected school impacts, including uniform, districtwide
16 level-of-service standards for all public schools of the same
17 type and availability standards for public schools. The
18 interlocal agreement shall ensure that consistent criteria and
19 capacity-determination methodologies including student
20 generation multipliers are adopted into the school board's
21 district educational facilities plan and the local
22 government's public educational facilities element. The
23 interlocal agreement shall also set forth the process and
24 uniform methodology for determining proportionate-share
25 mitigation pursuant to s. 163.31777.
26 (f) For the resolution of disputes between the school
27 district and local governments.
28
29 Any school board entering into an interlocal agreement for the
30 purpose of adopting public school concurrency prior to the
31 effective date of this act is not required to amend the
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Amendment No. ___ Barcode 812120
1 interlocal agreement to conform to the provisions of this
2 subsection if the comprehensive plan amendment adopting public
3 school concurrency is ultimately determined to be in
4 compliance.
5 (3) Failure to enter into an interlocal agreement as
6 required by s. 235.193(2) shall result in the withholding of
7 funds for school construction available pursuant to ss.
8 235.187, 235.216, 235.2195, and 235.42 and a prohibition from
9 siting schools. Before the Office of Educational Facilities of
10 the Commissioner of Education may withhold any funds, the
11 office shall provide the school board with a notice of intent
12 to withhold funds, which the school board may appeal under
13 chapter 120. The office shall withhold funds when a final
14 order is issued finding that the school board has failed to
15 enter into an interlocal agreement that meets the requirements
16 of this section.
17 (4) The school board shall report to the local
18 government on school capacity when the local government
19 notifies the school board that it is reviewing an application
20 for a comprehensive plan amendment or a rezoning that seeks to
21 increase residential density. The report must provide data and
22 analysis as required by s. 163.31777(2) for the local
23 government's review of the proposed plan amendment or
24 rezoning.
25 (5)(2) A school board and the local governing body
26 must share and coordinate information related to existing and
27 planned public school facilities; proposals for development,
28 redevelopment, or additional development; and infrastructure
29 required to support the public school facilities, concurrent
30 with proposed development. A school board shall use
31 information produced by the demographic, revenue, and
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Amendment No. ___ Barcode 812120
1 education estimating conferences pursuant to s. 216.136
2 Department of Education enrollment projections when preparing
3 the 5-year district educational facilities plan work program
4 pursuant to s. 235.185, as modified and agreed to by the local
5 governments and the Office of Educational Facilities of the
6 Commissioner of Education, in and a school board shall
7 affirmatively demonstrate in the educational facilities report
8 consideration of local governments' population projections, to
9 ensure that the district educational facilities plan 5-year
10 work program not only reflects enrollment projections but also
11 considers applicable municipal and county growth and
12 development projections. The projections shall be apportioned
13 geographically with assistance from the local governments
14 using local government trend data and the school district
15 student enrollment data. A school board is precluded from
16 siting a new school in a jurisdiction where the school board
17 has failed to provide the annual educational facilities plan
18 report for the prior year required pursuant to s. 235.185 s.
19 235.194 unless the failure is corrected.
20 (6)(3) The location of public educational facilities
21 shall be consistent with the comprehensive plan of the
22 appropriate local governing body developed under part II of
23 chapter 163 and consistent with the plan's implementing land
24 development regulations, to the extent that the regulations
25 are not in conflict with or the subject regulated is not
26 specifically addressed by this chapter or the State Uniform
27 Building Code, unless mutually agreed by the local government
28 and the board.
29 (7)(4) To improve coordination relative to potential
30 educational facility sites, a board shall provide written
31 notice to the local government that has regulatory authority
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Amendment No. ___ Barcode 812120
1 over the use of the land at least 120 60 days prior to
2 acquiring or leasing property that may be used for a new
3 public educational facility. The local government, upon
4 receipt of this notice, shall notify the board within 45 days
5 if the site proposed for acquisition or lease is consistent
6 with the land use categories and policies of the local
7 government's comprehensive plan. This preliminary notice does
8 not constitute the local government's determination of
9 consistency pursuant to subsection (8) (5).
10 (8)(5) As early in the design phase as feasible, but
11 at least before commencing construction of a new public
12 educational facility, the local governing body that regulates
13 the use of land shall determine, in writing within 90 days
14 after receiving the necessary information and a school board's
15 request for a determination, whether a proposed public
16 educational facility is consistent with the local
17 comprehensive plan and consistent with local land development
18 regulations, to the extent that the regulations are not in
19 conflict with or the subject regulated is not specifically
20 addressed by this chapter or the State Uniform Building Code,
21 unless mutually agreed. If the determination is affirmative,
22 school construction may proceed and further local government
23 approvals are not required, except as provided in this
24 section. Failure of the local governing body to make a
25 determination in writing within 90 days after a school board's
26 request for a determination of consistency shall be considered
27 an approval of the school board's application.
28 (9)(6) A local governing body may not deny the site
29 applicant based on adequacy of the site plan as it relates
30 solely to the needs of the school. If the site is consistent
31 with the comprehensive plan's future land use policies and
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1 categories in which public schools are identified as allowable
2 uses, the local government may not deny the application but it
3 may impose reasonable development standards and conditions in
4 accordance with s. 235.34(1) and consider the site plan and
5 its adequacy as it relates to environmental concerns, health,
6 safety and welfare, and effects on adjacent property.
7 Standards and conditions may not be imposed which conflict
8 with those established in this chapter or the State Uniform
9 Building Code, unless mutually agreed.
10 (10)(7) This section does not prohibit a local
11 governing body and district school board from agreeing and
12 establishing an alternative process for reviewing a proposed
13 educational facility and site plan, and offsite impacts
14 pursuant to an interlocal agreement adopted in accordance with
15 this section.
16 (11)(8) Existing schools shall be considered
17 consistent with the applicable local government comprehensive
18 plan adopted under part II of chapter 163. The collocation of
19 a new proposed public educational facility with an existing
20 public educational facility, or the expansion of an existing
21 public educational facility is not inconsistent with the local
22 comprehensive plan, if the site is consistent with the
23 comprehensive plan's future land use policies and categories
24 in which public schools are identified as allowable uses, and
25 levels of service adopted by the local government for any
26 facilities affected by the proposed location for the new
27 facility are maintained. If a board submits an application to
28 expand an existing school site, the local governing body may
29 impose reasonable development standards and conditions on the
30 expansion only, and in a manner consistent with s. 235.34(1).
31 Standards and conditions may not be imposed which conflict
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1 with those established in this chapter or the State Uniform
2 Building Code, unless mutually agreed. Local government review
3 or approval is not required for:
4 (a) The placement of temporary or portable classroom
5 facilities; or
6 (b) Proposed renovation or construction on existing
7 school sites, with the exception of construction that changes
8 the primary use of a facility, includes stadiums, or results
9 in a greater than 5 percent increase in student capacity, or
10 as mutually agreed.
11 Section 23. Section 235.194, Florida Statutes, is
12 repealed.
13 Section 24. Section 235.218, Florida Statutes, is
14 amended to read:
15 235.218 School district educational facilities plan
16 work program performance and productivity standards;
17 development; measurement; application.--
18 (1) The SMART Schools Clearinghouse shall develop and
19 adopt measures for evaluating the performance and productivity
20 of school district educational facilities plans work programs.
21 The measures may be both quantitative and qualitative and
22 must, to the maximum extent practical, assess those factors
23 that are within the districts' control. The measures must, at
24 a minimum, assess performance in the following areas:
25 (a) Frugal production of high-quality projects.
26 (b) Efficient finance and administration.
27 (c) Optimal school and classroom size and utilization
28 rate.
29 (d) Safety.
30 (e) Core facility space needs and cost-effective
31 capacity improvements that consider demographic projections.
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1 (f) Level of district local effort.
2 (2) The clearinghouse shall establish annual
3 performance objectives and standards that can be used to
4 evaluate district performance and productivity.
5 (3) The clearinghouse shall conduct ongoing
6 evaluations of district educational facilities program
7 performance and productivity, using the measures adopted under
8 this section. If, using these measures, the clearinghouse
9 finds that a district failed to perform satisfactorily, the
10 clearinghouse must recommend to the district school board
11 actions to be taken to improve the district's performance.
12 Section 25. Section 235.321, Florida Statutes, is
13 amended to read:
14 235.321 Changes in construction requirements after
15 award of contract.--The board may, at its option and by
16 written policy duly adopted and entered in its official
17 minutes, authorize the superintendent or president or other
18 designated individual to approve change orders in the name of
19 the board for preestablished amounts. Approvals shall be for
20 the purpose of expediting the work in progress and shall be
21 reported to the board and entered in its official minutes. For
22 accountability, the school district shall monitor and report
23 the impact of change orders on its district educational
24 facilities plan work program pursuant to s. 235.185.
25 Section 26. Paragraph (d) of subsection (5) of section
26 236.25, Florida Statutes, is amended, and subsection (6) is
27 added to that section, to read:
28 236.25 District school tax.--
29 (5)
30 (d) Notwithstanding any other provision of this
31 subsection, if through its adopted educational facilities plan
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1 work program a district has clearly identified the need for an
2 ancillary plant, has provided opportunity for public input as
3 to the relative value of the ancillary plant versus an
4 educational plant, and has obtained public approval, the
5 district may use revenue generated by the millage levy
6 authorized by subsection (2) for the acquisition,
7 construction, renovation, remodeling, maintenance, or repair
8 of an ancillary plant.
9
10 A district that violates these expenditure restrictions shall
11 have an equal dollar reduction in funds appropriated to the
12 district under s. 236.081 in the fiscal year following the
13 audit citation. The expenditure restrictions do not apply to
14 any school district that certifies to the Commissioner of
15 Education that all of the district's instructional space needs
16 for the next 5 years can be met from capital outlay sources
17 that the district reasonably expects to receive during the
18 next 5 years or from alternative scheduling or construction,
19 leasing, rezoning, or technological methodologies that exhibit
20 sound management.
21 (6) In addition to the maximum millage levied under
22 this section and the General Appropriations Act, a school
23 district may levy, by local referendum or in a general
24 election, additional millage for school operational purposes
25 up to an amount that, when combined with nonvoted millage
26 levied under this section, does not exceed the 10-mill limit
27 established in s. 9(b), Art. VII of the State Constitution.
28 Any such levy shall be for a maximum of 4 years and shall be
29 counted as part of the 10-mill limit established in s. 9(b),
30 Art. VII of the State Constitution. Millage elections
31 conducted under the authority granted pursuant to this section
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1 are subject to ss. 236.31 and 236.32. Funds generated by such
2 additional millage do not become a part of the calculation of
3 the Florida Education Finance Program total potential funds in
4 2001-2002 or any subsequent year and must not be incorporated
5 in the calculation of any hold-harmless or other component of
6 the Florida Education Finance Program formula in any year.
7 Section 27. Section 236.31, Florida Statutes, is
8 amended to read:
9 236.31 District millage elections.--
10 (1) The school board, pursuant to resolution adopted
11 at a regular meeting, shall direct the county commissioners to
12 call an election at which the electors within the school
13 districts may approve an ad valorem tax millage as authorized
14 in s. 9, Art. VII of the State Constitution. Such election may
15 be held at any time, except that not more than one such
16 election shall be held during any 12-month period. Any
17 millage so authorized shall be levied for a period not in
18 excess of 2 years or until changed by another millage
19 election, whichever is the earlier. In the event any such
20 election is invalidated by a court of competent jurisdiction,
21 such invalidated election shall be considered not to have been
22 held.
23 (2) The school board, pursuant to resolution adopted
24 at a regular meeting, shall direct the county commissioners to
25 call an election at which the electors within the school
26 district may approve an ad valorem tax millage as authorized
27 under s. 236.25(6). Such election may be held at any time,
28 except that not more than one such election shall be held
29 during any 12-month period. Any millage so authorized shall be
30 levied for a period not in excess of 4 years or until changed
31 by another millage election, whichever is earlier. If any such
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1 election is invalidated by a court of competent jurisdiction,
2 such invalidated election shall be considered not to have been
3 held.
4 Section 28. Section 236.32, Florida Statutes, is
5 amended to read:
6 (Substantial rewording of section. See
7 s. 236.32, F.S., for present text.)
8 236.32 Procedures for holding and conducting school
9 district millage elections.--
10 (1) HOLDING ELECTIONS.--All school district millage
11 elections shall be held and conducted in the manner prescribed
12 by law for holding general elections, except as provided in
13 this chapter.
14 (2) FORM OF BALLOT.--
15 (a) The school board may propose a single millage or
16 two millages, with one for operating expenses and another for
17 a local capital improvement reserve fund. When two millage
18 figures are proposed, each millage must be voted on
19 separately.
20 (b) The school board shall provide the wording of the
21 substance of the measure and the ballot title in the
22 resolution calling for the election. The wording of the
23 ballot must conform to the provisions of s. 101.161.
24 (3) QUALIFICATION OF ELECTORS.--All qualified electors
25 of the school district are entitled to vote in the election to
26 set the school tax district millage levy.
27 (4) RESULTS OF ELECTION.--When the school board
28 proposes one tax levy for operating expenses and another for
29 the local capital improvement reserve fund, the results shall
30 be considered separately. The tax levy shall be levied only
31 in case a majority of the electors participating in the
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1 election vote in favor of the proposed special millage.
2 Section 29. Paragraph (e) of subsection (2),
3 subsection (12), paragraph (c) of subsection (15), and
4 subsections (18) and (19) of section 380.06, Florida Statutes,
5 are amended to read:
6 380.06 Developments of regional impact.--
7 (2) STATEWIDE GUIDELINES AND STANDARDS.--
8 (e) With respect to residential, hotel, motel, office,
9 and retail developments, the applicable guidelines and
10 standards shall be increased by 50 percent in urban central
11 business districts and regional activity centers of
12 jurisdictions whose local comprehensive plans are in
13 compliance with part II of chapter 163. With respect to
14 multiuse developments, the applicable guidelines and standards
15 shall be increased by 100 percent in urban central business
16 districts and regional activity centers of jurisdictions whose
17 local comprehensive plans are in compliance with part II of
18 chapter 163, if one land use of the multiuse development is
19 residential and amounts to not less than 35 percent of the
20 jurisdiction's applicable residential threshold. With respect
21 to resort or convention hotel developments, the applicable
22 guidelines and standards shall be increased by 150 percent in
23 urban central business districts and regional activity centers
24 of jurisdictions whose local comprehensive plans are in
25 compliance with part II of chapter 163 and where the increase
26 is specifically for a proposed resort or convention hotel
27 located in a county with a population greater than 500,000 and
28 the local government specifically designates that the proposed
29 resort or convention hotel development will serve an existing
30 convention center of more than 250,000 gross square feet built
31 prior to July 1, 1992. The applicable guidelines and standards
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1 shall be increased by 150 percent for development in any area
2 designated by the Governor as a rural area of critical
3 economic concern pursuant to s. 288.0656 during the effective
4 period of the designation. The Administration Commission, upon
5 the recommendation of the state land planning agency, shall
6 implement this paragraph by rule no later than December 1,
7 1993. The increased guidelines and standards authorized by
8 this paragraph shall not be implemented until the
9 effectiveness of the rule which, among other things, shall set
10 forth the pertinent characteristics of urban central business
11 districts and regional activity centers.
12 (12) REGIONAL REPORTS.--
13 (a) Within 50 days after receipt of the notice of
14 public hearing required in paragraph (11)(c), the regional
15 planning agency, if one has been designated for the area
16 including the local government, shall prepare and submit to
17 the local government a report and recommendations on the
18 regional impact of the proposed development. In preparing its
19 report and recommendations, the regional planning agency shall
20 identify regional issues based upon the following review
21 criteria and make recommendations to the local government on
22 these regional issues, specifically considering whether, and
23 the extent to which:
24 1. The development will have a favorable or
25 unfavorable impact on state or regional resources or
26 facilities identified in the applicable state or regional
27 plans. For the purposes of this subsection, "applicable state
28 plan" means the state comprehensive plan. For the purposes of
29 this subsection, "applicable regional plan" means an adopted
30 comprehensive regional policy plan until the adoption of a
31 strategic regional policy plan pursuant to s. 186.508, and
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1 thereafter means an adopted strategic regional policy plan.
2 2. The development will significantly impact adjacent
3 jurisdictions. At the request of the appropriate local
4 government, regional planning agencies may also review and
5 comment upon issues that affect only the requesting local
6 government.
7 3. As one of the issues considered in the review in
8 subparagraphs 1. and 2., the development will favorably or
9 adversely affect the ability of people to find adequate
10 housing reasonably accessible to their places of employment.
11 The determination should take into account information on
12 factors that are relevant to the availability of reasonably
13 accessible adequate housing. Adequate housing means housing
14 that is available for occupancy and that is not substandard.
15 (b) At the request of the regional planning agency,
16 other appropriate agencies shall review the proposed
17 development and shall prepare reports and recommendations on
18 issues that are clearly within the jurisdiction of those
19 agencies. Such agency reports shall become part of the
20 regional planning agency report; however, the regional
21 planning agency may attach dissenting views. When water
22 management district and Department of Environmental Protection
23 permits have been issued pursuant to chapter 373 or chapter
24 403, the regional planning council may comment on the regional
25 implications of the permits but may not offer conflicting
26 recommendations.
27 (c) The regional planning agency shall afford the
28 developer or any substantially affected party reasonable
29 opportunity to present evidence to the regional planning
30 agency head relating to the proposed regional agency report
31 and recommendations.
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1 (d) Where the location of a proposed development
2 involves land within the boundaries of multiple regional
3 planning councils, the state land planning agency shall
4 designate a lead regional planning council. The lead regional
5 planning council shall prepare the regional report.
6 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
7 (c) The development order shall include findings of
8 fact and conclusions of law consistent with subsections (13)
9 and (14). The development order:
10 1. Shall specify the monitoring procedures and the
11 local official responsible for assuring compliance by the
12 developer with the development order.
13 2. Shall establish compliance dates for the
14 development order, including a deadline for commencing
15 physical development and for compliance with conditions of
16 approval or phasing requirements, and shall include a
17 termination date that reasonably reflects the time required to
18 complete the development.
19 3. Shall establish a date until which the local
20 government agrees that the approved development of regional
21 impact shall not be subject to downzoning, unit density
22 reduction, or intensity reduction, unless the local government
23 can demonstrate that substantial changes in the conditions
24 underlying the approval of the development order have occurred
25 or the development order was based on substantially inaccurate
26 information provided by the developer or that the change is
27 clearly established by local government to be essential to the
28 public health, safety, or welfare.
29 4. Shall specify the requirements for the biennial
30 annual report designated under subsection (18), including the
31 date of submission, parties to whom the report is submitted,
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1 and contents of the report, based upon the rules adopted by
2 the state land planning agency. Such rules shall specify the
3 scope of any additional local requirements that may be
4 necessary for the report.
5 5. May specify the types of changes to the development
6 which shall require submission for a substantial deviation
7 determination under subsection (19).
8 6. Shall include a legal description of the property.
9 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
10 submit a biennial an annual report on the development of
11 regional impact to the local government, the regional planning
12 agency, the state land planning agency, and all affected
13 permit agencies in alternate years on the date specified in
14 the development order, unless the development order by its
15 terms requires more frequent monitoring. If the annual report
16 is not received, the regional planning agency or the state
17 land planning agency shall notify the local government. If
18 the local government does not receive the biennial annual
19 report or receives notification that the regional planning
20 agency or the state land planning agency has not received the
21 report, the local government shall request in writing that the
22 developer submit the report within 30 days. The failure to
23 submit the report after 30 days shall result in the temporary
24 suspension of the development order by the local government.
25 If no additional development pursuant to the development order
26 has occurred since the submission of the previous report, a
27 letter from the developer stating that no development has
28 occurred satisfies the requirement for a report. Development
29 orders that require annual reports may be amended to require
30 biennial reports at the option of the local government.
31 (19) SUBSTANTIAL DEVIATIONS.--
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1 (a) Any proposed change to a previously approved
2 development which creates a reasonable likelihood of
3 additional regional impact, or any type of regional impact
4 created by the change not previously reviewed by the regional
5 planning agency, shall constitute a substantial deviation and
6 shall cause the development to be subject to further
7 development-of-regional-impact review. There are a variety of
8 reasons why a developer may wish to propose changes to an
9 approved development of regional impact, including changed
10 market conditions. The procedures set forth in this
11 subsection are for that purpose.
12 (b) Any proposed change to a previously approved
13 development of regional impact or development order condition
14 which, either individually or cumulatively with other changes,
15 exceeds any of the following criteria shall constitute a
16 substantial deviation and shall cause the development to be
17 subject to further development-of-regional-impact review
18 without the necessity for a finding of same by the local
19 government:
20 1. An increase in the number of parking spaces at an
21 attraction or recreational facility by 5 percent or 300
22 spaces, whichever is greater, or an increase in the number of
23 spectators that may be accommodated at such a facility by 5
24 percent or 1,000 spectators, whichever is greater.
25 2. A new runway, a new terminal facility, a 25-percent
26 lengthening of an existing runway, or a 25-percent increase in
27 the number of gates of an existing terminal, but only if the
28 increase adds at least three additional gates. However, if an
29 airport is located in two counties, a 10-percent lengthening
30 of an existing runway or a 20-percent increase in the number
31 of gates of an existing terminal is the applicable criteria.
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1 3. An increase in the number of hospital beds by 5
2 percent or 60 beds, whichever is greater.
3 4. An increase in industrial development area by 5
4 percent or 32 acres, whichever is greater.
5 5. An increase in the average annual acreage mined by
6 5 percent or 10 acres, whichever is greater, or an increase in
7 the average daily water consumption by a mining operation by 5
8 percent or 300,000 gallons, whichever is greater. An increase
9 in the size of the mine by 5 percent or 750 acres, whichever
10 is less.
11 6. An increase in land area for office development by
12 5 percent or 6 acres, whichever is greater, or an increase of
13 gross floor area of office development by 5 percent or 60,000
14 gross square feet, whichever is greater.
15 7. An increase in the storage capacity for chemical or
16 petroleum storage facilities by 5 percent, 20,000 barrels, or
17 7 million pounds, whichever is greater.
18 8. An increase of development at a waterport of wet
19 storage for 20 watercraft, dry storage for 30 watercraft, or
20 wet/dry storage for 60 watercraft in an area identified in the
21 state marina siting plan as an appropriate site for additional
22 waterport development or a 5-percent increase in watercraft
23 storage capacity, whichever is greater.
24 9. An increase in the number of dwelling units by 5
25 percent or 50 dwelling units, whichever is greater.
26 10. An increase in commercial development by 6 acres
27 of land area or by 50,000 square feet of gross floor area, or
28 of parking spaces provided for customers for 300 cars or a
29 5-percent increase of either any of these, whichever is
30 greater.
31 11. An increase in hotel or motel facility units by 5
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1 percent or 75 units, whichever is greater.
2 12. An increase in a recreational vehicle park area by
3 5 percent or 100 vehicle spaces, whichever is less.
4 13. A decrease in the area set aside for open space of
5 5 percent or 20 acres, whichever is less.
6 14. A proposed increase to an approved multiuse
7 development of regional impact where the sum of the increases
8 of each land use as a percentage of the applicable substantial
9 deviation criteria is equal to or exceeds 100 percent. The
10 percentage of any decrease in the amount of open space shall
11 be treated as an increase for purposes of determining when 100
12 percent has been reached or exceeded.
13 15. A 15-percent increase in the number of external
14 vehicle trips generated by the development above that which
15 was projected during the original
16 development-of-regional-impact review.
17 16. Any change which would result in development of
18 any area which was specifically set aside in the application
19 for development approval or in the development order for
20 preservation or special protection of endangered or threatened
21 plants or animals designated as endangered, threatened, or
22 species of special concern and their habitat, primary dunes,
23 or archaeological and historical sites designated as
24 significant by the Division of Historical Resources of the
25 Department of State. The further refinement of such areas by
26 survey shall be considered under sub-subparagraph (e)5.b.
27
28 The substantial deviation numerical standards in subparagraphs
29 4., 6., 10., 14., excluding residential uses, and 15., are
30 increased by 100 percent for a project certified under s.
31 403.973 which creates jobs and meets criteria established by
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1 the Office of Tourism, Trade, and Economic Development as to
2 its impact on an area's economy, employment, and prevailing
3 wage and skill levels. The substantial deviation numerical
4 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
5 increased by 50 percent for a project located wholly within an
6 urban infill and redevelopment area designated on the
7 applicable adopted local comprehensive plan future land use
8 map and not located within the coastal high hazard area.
9 (c) An extension of the date of buildout of a
10 development, or any phase thereof, by 7 or more years shall be
11 presumed to create a substantial deviation subject to further
12 development-of-regional-impact review. An extension of the
13 date of buildout, or any phase thereof, of 5 years or more but
14 less than 7 years shall be presumed not to create a
15 substantial deviation. These presumptions may be rebutted by
16 clear and convincing evidence at the public hearing held by
17 the local government. An extension of less than 5 years is
18 not a substantial deviation. For the purpose of calculating
19 when a buildout, phase, or termination date has been exceeded,
20 the time shall be tolled during the pendency of administrative
21 or judicial proceedings relating to development permits. Any
22 extension of the buildout date of a project or a phase thereof
23 shall automatically extend the commencement date of the
24 project, the termination date of the development order, the
25 expiration date of the development of regional impact, and the
26 phases thereof by a like period of time.
27 (d) A change in the plan of development of an approved
28 development of regional impact resulting from requirements
29 imposed by the Department of Environmental Protection or any
30 water management district created by s. 373.069 or any of
31 their successor agencies or by any appropriate federal
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1 regulatory agency shall be submitted to the local government
2 pursuant to this subsection. The change shall be presumed not
3 to create a substantial deviation subject to further
4 development-of-regional-impact review. The presumption may be
5 rebutted by clear and convincing evidence at the public
6 hearing held by the local government.
7 (e)1. A proposed change which, either individually or,
8 if there were previous changes, cumulatively with those
9 changes, is equal to or exceeds 40 percent of any numerical
10 criterion in subparagraphs (b)1.-15., but which does not
11 exceed such criterion, shall be presumed not to create a
12 substantial deviation subject to further
13 development-of-regional-impact review. The presumption may be
14 rebutted by clear and convincing evidence at the public
15 hearing held by the local government pursuant to subparagraph
16 (f)5.
17 1.2. Except for a development order rendered pursuant
18 to subsection (22) or subsection (25), a proposed change to a
19 development order that individually or cumulatively with any
20 previous change is less than 40 percent of any numerical
21 criterion contained in subparagraphs (b)1.-15. and does not
22 exceed any other criterion, or that involves an extension of
23 the buildout date of a development, or any phase thereof, of
24 less than 5 years is not a substantial deviation, is not
25 subject to the public hearing requirements of subparagraph
26 (f)3., and is not subject to a determination pursuant to
27 subparagraph (f)5. Notice of the proposed change shall be
28 made to the regional planning council and the state land
29 planning agency. Such notice shall include a description of
30 previous individual changes made to the development, including
31 changes previously approved by the local government, and shall
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1 include appropriate amendments to the development order.
2 2. The following changes, individually or cumulatively
3 with any previous changes, are not substantial deviations:
4 a. Changes in the name of the project, developer,
5 owner, or monitoring official.
6 b. Changes to a setback that do not affect noise
7 buffers, environmental protection or mitigation areas, or
8 archaeological or historical resources.
9 c. Changes to minimum lot sizes.
10 d. Changes in the configuration of internal roads that
11 do not affect external access points.
12 e. Changes to the building design or orientation that
13 stay approximately within the approved area designated for
14 such building and parking lot, and which do not affect
15 historical buildings designated as significant by the Division
16 of Historical Resources of the Department of State.
17 f. Changes to increase the acreage in the development,
18 provided that no development is proposed on the acreage to be
19 added.
20 g. Changes to eliminate an approved land use, provided
21 that there are no additional regional impacts.
22 h. Changes required to conform to permits approved by
23 any federal, state, or regional permitting agency, provided
24 that these changes do not create additional regional impacts.
25 i. Any other change which the state land planning
26 agency agrees in writing is similar in nature, impact, or
27 character to the changes enumerated in sub-subparagraphs a.-h.
28 and which does not create the likelihood of any additional
29 regional impact.
30
31 This subsection does not require a development order amendment
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Amendment No. ___ Barcode 812120
1 for any change listed in sub-subparagraphs a.-i. unless such
2 issue is addressed either in the existing development order or
3 in the application for development approval, but, in the case
4 of the application, only if, and in the manner in which, the
5 application is incorporated in the development order.
6 3. Except for the change authorized by
7 sub-subparagraph 2.f., any addition of land not previously
8 reviewed or any change not specified in paragraph (b) or
9 paragraph (c) shall be presumed to create a substantial
10 deviation. This presumption may be rebutted by clear and
11 convincing evidence.
12 4. Any submittal of a proposed change to a previously
13 approved development shall include a description of individual
14 changes previously made to the development, including changes
15 previously approved by the local government. The local
16 government shall consider the previous and current proposed
17 changes in deciding whether such changes cumulatively
18 constitute a substantial deviation requiring further
19 development-of-regional-impact review.
20 5. The following changes to an approved development of
21 regional impact shall be presumed to create a substantial
22 deviation. Such presumption may be rebutted by clear and
23 convincing evidence.
24 a. A change proposed for 15 percent or more of the
25 acreage to a land use not previously approved in the
26 development order. Changes of less than 15 percent shall be
27 presumed not to create a substantial deviation.
28 b. Except for the types of uses listed in subparagraph
29 (b)16., any change which would result in the development of
30 any area which was specifically set aside in the application
31 for development approval or in the development order for
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1 preservation, buffers, or special protection, including
2 habitat for plant and animal species, archaeological and
3 historical sites, dunes, and other special areas.
4 c. Notwithstanding any provision of paragraph (b) to
5 the contrary, a proposed change consisting of simultaneous
6 increases and decreases of at least two of the uses within an
7 authorized multiuse development of regional impact which was
8 originally approved with three or more uses specified in s.
9 380.0651(3)(c), (d), (f), and (g) and residential use.
10 (f)1. The state land planning agency shall establish
11 by rule standard forms for submittal of proposed changes to a
12 previously approved development of regional impact which may
13 require further development-of-regional-impact review. At a
14 minimum, the standard form shall require the developer to
15 provide the precise language that the developer proposes to
16 delete or add as an amendment to the development order.
17 2. The developer shall submit, simultaneously, to the
18 local government, the regional planning agency, and the state
19 land planning agency the request for approval of a proposed
20 change.
21 3. No sooner than 30 days but no later than 45 days
22 after submittal by the developer to the local government, the
23 state land planning agency, and the appropriate regional
24 planning agency, the local government shall give 15 days'
25 notice and schedule a public hearing to consider the change
26 that the developer asserts does not create a substantial
27 deviation. This public hearing shall be held within 90 days
28 after submittal of the proposed changes, unless that time is
29 extended by the developer.
30 4. The appropriate regional planning agency or the
31 state land planning agency shall review the proposed change
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Amendment No. ___ Barcode 812120
1 and, no later than 45 days after submittal by the developer of
2 the proposed change, unless that time is extended by the
3 developer, and prior to the public hearing at which the
4 proposed change is to be considered, shall advise the local
5 government in writing whether it objects to the proposed
6 change, shall specify the reasons for its objection, if any,
7 and shall provide a copy to the developer. A change which is
8 subject to the substantial deviation criteria specified in
9 sub-subparagraph (e)5.c. shall not be subject to this
10 requirement.
11 5. At the public hearing, the local government shall
12 determine whether the proposed change requires further
13 development-of-regional-impact review. The provisions of
14 paragraphs (a) and (e), the thresholds set forth in paragraph
15 (b), and the presumptions set forth in paragraphs (c) and (d)
16 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
17 applicable in determining whether further
18 development-of-regional-impact review is required.
19 6. If the local government determines that the
20 proposed change does not require further
21 development-of-regional-impact review and is otherwise
22 approved, or if the proposed change is not subject to a
23 hearing and determination pursuant to subparagraphs 3. and 5.
24 and is otherwise approved, the local government shall issue an
25 amendment to the development order incorporating the approved
26 change and conditions of approval relating to the change. The
27 decision of the local government to approve, with or without
28 conditions, or to deny the proposed change that the developer
29 asserts does not require further review shall be subject to
30 the appeal provisions of s. 380.07. However, the state land
31 planning agency may not appeal the local government decision
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 if it did not comply with subparagraph 4. The state land
2 planning agency may not appeal a change to a development order
3 made pursuant to subparagraph (e)2. for developments of
4 regional impact approved after January 1, 1980, unless the
5 change would result in a significant impact to a regionally
6 significant archaeological, historical, or natural resource
7 not previously identified in the original
8 development-of-regional-impact review.
9 (g) If a proposed change requires further
10 development-of-regional-impact review pursuant to this
11 section, the review shall be conducted subject to the
12 following additional conditions:
13 1. The development-of-regional-impact review conducted
14 by the appropriate regional planning agency shall address only
15 those issues raised by the proposed change except as provided
16 in subparagraph 2.
17 2. The regional planning agency shall consider, and
18 the local government shall determine whether to approve,
19 approve with conditions, or deny the proposed change as it
20 relates to the entire development. If the local government
21 determines that the proposed change, as it relates to the
22 entire development, is unacceptable, the local government
23 shall deny the change.
24 3. If the local government determines that the
25 proposed change, as it relates to the entire development,
26 should be approved, any new conditions in the amendment to the
27 development order issued by the local government shall address
28 only those issues raised by the proposed change.
29 4. Development within the previously approved
30 development of regional impact may continue, as approved,
31 during the development-of-regional-impact review in those
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 portions of the development which are not affected by the
2 proposed change.
3 (h) When further development-of-regional-impact review
4 is required because a substantial deviation has been
5 determined or admitted by the developer, the amendment to the
6 development order issued by the local government shall be
7 consistent with the requirements of subsection (15) and shall
8 be subject to the hearing and appeal provisions of s. 380.07.
9 The state land planning agency or the appropriate regional
10 planning agency need not participate at the local hearing in
11 order to appeal a local government development order issued
12 pursuant to this paragraph.
13 Section 30. Paragraphs (d) and (f) of subsection (3)
14 of section 380.0651, Florida Statutes, are amended to read:
15 380.0651 Statewide guidelines and standards.--
16 (3) The following statewide guidelines and standards
17 shall be applied in the manner described in s. 380.06(2) to
18 determine whether the following developments shall be required
19 to undergo development-of-regional-impact review:
20 (d) Office development.--Any proposed office building
21 or park operated under common ownership, development plan, or
22 management that:
23 1. Encompasses 300,000 or more square feet of gross
24 floor area; or
25 2. Has a total site size of 30 or more acres; or
26 2.3. Encompasses more than 600,000 square feet of
27 gross floor area in a county with a population greater than
28 500,000 and only in a geographic area specifically designated
29 as highly suitable for increased threshold intensity in the
30 approved local comprehensive plan and in the strategic
31 regional policy plan.
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 (f) Retail and service development.--Any proposed
2 retail, service, or wholesale business establishment or group
3 of establishments which deals primarily with the general
4 public onsite, operated under one common property ownership,
5 development plan, or management that:
6 1. Encompasses more than 400,000 square feet of gross
7 area; or
8 2. Occupies more than 40 acres of land; or
9 2.3. Provides parking spaces for more than 2,500 cars.
10 Section 31. Requirement of interlocal service
11 provision agreements.--
12 (1) By January 1, 2005, counties having a population
13 over 100,000 shall negotiate and adopt a service-delivery
14 interlocal agreement with all of the municipalities within the
15 county, with those special districts providing a service
16 listed in paragraph (a), and with the school district which:
17 (a) Identifies the current providers of the following
18 services; education, sanitary sewer, public safety, solid
19 waste, drainage, potable water, parks and recreation, and
20 transportation facilities.
21 (b) Describes the existing organization of such
22 services and the means of financing such services and
23 designates the entities that will provide the services over
24 the next 20 years, including any anticipated changes caused by
25 annexation.
26 (c) Identifies any deficits in the provision of
27 services and prescribes a 5-year capital outlay plan for the
28 provision of deficit infrastructure.
29 (d) Identifies opportunities for the joint financing
30 of capital outlay projects.
31 (e) Identifies any areas that the municipalities plan
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 to annex within the next 5 years and establishes a plan for
2 service delivery within the areas to be annexed or a process
3 for resolving service-delivery issues associated with
4 annexation.
5 (f) Provides specific procedures for amending the
6 interlocal agreement.
7 (2) Each county and municipality shall submit a copy
8 of its interlocal agreement to the Department of Community
9 Affairs by February 15, 2005.
10 (3) The regional planning councils may provide
11 technical assistance and dispute-resolution services to assist
12 local governments in complying with this section.
13 Section 32. The sum of $500,000 is appropriated from
14 the General Revenue Fund to the Department of Community
15 Affairs for the purpose of funding the Urban Infill and
16 Redevelopment Assistance Grant Program established under
17 section 163.2523, Florida Statutes, during the 2001-2002
18 fiscal year.
19 Section 33. The Legislature finds that the integration
20 of the growth-management system and the planning of public
21 educational facilities is a matter of great public importance.
22 Section 34. (1) The Legislative Committee on
23 Intergovernmental Relations is directed to conduct a study of
24 the existing bonding capacity of counties, municipalities, and
25 school boards. The study shall include, but is not limited to:
26 possible methods of strengthening their credit ratings and
27 interest rates; feasibility of increasing their borrowing
28 capacity to the extent of their authorized millage or revenue;
29 and more flexible use of bond proceeds, especially for small
30 municipalities and counties.
31 (2) The Legislative Committee on Intergovernmental
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 Relations is required to report its findings and
2 recommendations to the Governor and Legislature by January 1,
3 2002. The recommendations must specifically include proposed
4 legislation, if applicable, for additional county,
5 municipality, and school board bonding capacity.
6 Section 35. Any multicounty airport authority created
7 as an independent special district which is subject to a
8 development-of-regional-impact development order and which has
9 conducted a noise study in accordance with 14 C.F.R. Part 150
10 shall, in fiscal year 2002, establish a
11 noise-mitigation-project fund in an amount of $7.5 million,
12 which shall be increased by another $2.5 million in fiscal
13 year 2004. The moneys in the project fund shall be segregated
14 and expended by the airport authority by December 31, 2006, to
15 the extent necessary to comply with development-order
16 commitments to acquire property from or otherwise mitigate
17 property owners adversely affected by the development of
18 regional impact. If moneys are not expended for such purposes
19 by December 31, 2006, the airport authority shall not
20 thereafter amend its development-of-regional-impact
21 development order or commence development of airport
22 infrastructure improvements authorized by such development
23 order until such funds are fully expended for such purposes.
24 Section 36. Subsection (1) of section 163.356, Florida
25 Statutes, is amended to read:
26 163.356 Creation of community redevelopment agency.--
27 (1) Upon a finding of necessity as set forth in s.
28 163.355, and upon a further finding that there is a need for a
29 community redevelopment agency to function in the county or
30 municipality to carry out the community redevelopment purposes
31 of this part, any county or municipality may create a public
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 body corporate and politic to be known as a "community
2 redevelopment agency." A charter county having a population
3 less than or equal to 1.6 million may create, by a vote of at
4 least a majority plus one of the entire governing body of the
5 charter county, more than one community redevelopment agency.
6 Each such agency shall be constituted as a public
7 instrumentality, and the exercise by a community redevelopment
8 agency of the powers conferred by this part shall be deemed
9 and held to be the performance of an essential public
10 function. The Community redevelopment agencies agency of a
11 county have has the power to function within the corporate
12 limits of a municipality only as, if, and when the governing
13 body of the municipality has by resolution concurred in the
14 community redevelopment plan or plans proposed by the
15 governing body of the county.
16 Section 37. Except as otherwise expressly provided in
17 this act, this act shall take effect upon becoming a law.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 insert:
25 A bill to be entitled
26 An act relating to growth management; amending
27 s. 163.3174, F.S.; requiring that the
28 membership of all local planning agencies or
29 equivalent agencies that review comprehensive
30 plan amendments and rezonings include a
31 nonvoting representative of the district school
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 board; amending s. 163.3177, F.S.; revising
2 elements of comprehensive plans; requiring
3 intergovernmental coordination between local
4 governments and district school boards;
5 creating s. 163.31776, F.S.; providing
6 legislative intent and findings with respect to
7 a public educational facilities element;
8 providing a schedule for adoption by local
9 governments; providing for certain
10 municipalities to be exempt; requiring certain
11 interlocal agreements; requiring that the
12 public educational facilities element include
13 certain provisions; providing requirements for
14 future land-use maps; providing a process for
15 adopting the element; prohibiting a local
16 government that fails to adopt the required
17 element from amending its local comprehensive
18 plan; creating s. 163.31777, F.S.; requiring
19 school boards to report to the local government
20 on school capacity; requiring a local
21 government to deny a plan amendment or a
22 request for rezoning if school capacity is
23 unavailable; authorizing certain mitigation
24 agreements; providing prerequisites to this
25 section's taking effect; providing for an
26 exemption for certain urban infill areas;
27 amending s. 163.3180, F.S.; revising provisions
28 relating to concurrency; amending s. 163.3184,
29 F.S.; revising definitions; revising provisions
30 governing the process for adopting
31 comprehensive plans and plan amendments;
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 amending s. 163.3187, F.S.; authorizing the
2 adoption of a public educational facilities
3 element notwithstanding certain limitations;
4 amending s. 163.3191, F.S., relating to
5 evaluation and appraisal of comprehensive
6 plans; conforming provisions to changes made by
7 the act; providing an appropriation for the
8 state land planning agency to develop a uniform
9 fiscal-impact-analysis model for evaluating the
10 cost of infrastructure to support development;
11 amending s. 163.3215, F.S.; revising provisions
12 governing the challenge of a development order
13 by an aggrieved or adversely affected party on
14 the basis of inconsistency with a local
15 comprehensive plan; providing the relief that
16 may be sought; providing that petition to the
17 circuit court for certiorari is the sole action
18 for such challenge if the local government has
19 adopted an ordinance establishing a local
20 development review process that includes
21 specified minimum components; removing a
22 requirement that a verified complaint be filed
23 with the local government prior to seeking
24 judicial review; amending s. 163.3244, F.S.;
25 postponing the repeal of provisions governing
26 the Sustainable Communities Demonstration
27 Project; amending s. 186.504, F.S.; adding an
28 elected school board member to the membership
29 of each regional planning council; amending s.
30 212.055, F.S.; providing for the levy of the
31 school capital outlay surtax by a supermajority
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 vote and requiring certain educational facility
2 planning prior to the levy of the school
3 capital outlay surtax; amending s. 235.002,
4 F.S.; revising legislative intent with respect
5 to building educational facilities; amending s.
6 235.15, F.S.; revising requirements for
7 educational plant surveys; revising
8 requirements for review and validation of such
9 surveys; amending s. 235.175, F.S.; requiring
10 school districts to adopt education facilities
11 plans; amending s. 235.18, F.S., relating to
12 capital outlay budgets of school boards;
13 conforming provisions to changes made by the
14 act; amending s. 235.185, F.S.; requiring
15 school district educational facilities plans;
16 providing definitions; specifying projections
17 and other information to be included in the
18 plan; providing requirements for the work
19 program; requiring district school boards to
20 submit a tentative plan to the local
21 government; providing for adopting and
22 executing the plan; amending s. 235.188, F.S.;
23 providing bonding requirements; amending s.
24 235.19, F.S.; exempting certain school boards
25 and local governments from requirements for
26 site planning; revising requirements for school
27 boards; amending s. 235.193, F.S.; requiring
28 interlocal agreements with respect to public
29 educational facilities elements and plans;
30 providing that failure to enter into such
31 agreements will result in the withholding of
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Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 certain funds for school construction;
2 providing requirements for preparing a district
3 education facilities work plan; repealing s.
4 235.194, F.S., relating to the general
5 educational facilities report; amending s.
6 235.218, F.S.; requiring the SMART Schools
7 Clearinghouse to adopt measures for evaluating
8 the school district educational facilities
9 plans; amending s. 235.231, F.S.; providing for
10 the school board to authorize certain change
11 orders for its district education facilities
12 plan; amending s. 236.25, F.S., relating to the
13 district school tax; conforming provisions to
14 changes made by the act; allowing a school
15 district to levy by referendum additional
16 millage for school operational purposes;
17 amending s. 236.31, F.S.; authorizing school
18 boards to direct the county commission to call
19 an election for approval of an ad valorem tax
20 millage; amending s. 236.32, F.S.;
21 substantially rewording the section and
22 providing procedures for holding and conducting
23 school district millage elections; amending s.
24 380.06, F.S.; providing that certain standards
25 must be increased for development in any area
26 designated by the Governor as a rural area of
27 critical economic concern; revising provisions
28 governing substantial-deviation standards for
29 developments of regional impact; providing for
30 designation of a lead regional planning
31 council; amending s. 380.0651, F.S.; revising
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SENATE AMENDMENT
Bill No. CS/HBs 1617 & 1487, 2nd Eng.
Amendment No. ___ Barcode 812120
1 standards for determining the necessity for a
2 development-of-regional-impact review;
3 requiring specified counties to adopt a
4 service-delivery interlocal agreement with all
5 municipalities and the school district and
6 prescribing requirements for such agreements;
7 providing an appropriation; providing a
8 legislative finding that the act is a matter of
9 great public importance; directing the
10 Legislative Committee on Intergovernmental
11 Relations to conduct a study of the bonding
12 capacity of local governments and school
13 boards; requiring multicounty airport
14 authorities with development-of-regional-impact
15 development orders to establish a
16 noise-mitigation-project fund; providing for
17 the expenditure of such funds; preventing the
18 airport authority from amending its development
19 order or commencing development until such
20 funds are expended; amending s. 163.356, F.S.;
21 allowing certain charter counties to create
22 multiple community redevelopment agencies
23 within the unincorporated county areas;
24 providing effective dates.
25
26
27
28
29
30
31
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