SENATE AMENDMENT
    Bill No. CS/HBs 1617 & 1487, 2nd Eng.
    Amendment No. ___   Barcode 812120
                            CHAMBER ACTION
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
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 2 8:01 PM 05/04/01 h1617c1c-0920a
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, 3 8:01 PM 05/04/01 h1617c1c-0920a
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 4 8:01 PM 05/04/01 h1617c1c-0920a
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 5 8:01 PM 05/04/01 h1617c1c-0920a
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 6 8:01 PM 05/04/01 h1617c1c-0920a
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 7 8:01 PM 05/04/01 h1617c1c-0920a
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 8 8:01 PM 05/04/01 h1617c1c-0920a
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 9 8:01 PM 05/04/01 h1617c1c-0920a
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 10 8:01 PM 05/04/01 h1617c1c-0920a
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; 11 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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. 8 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; 12 8:01 PM 05/04/01 h1617c1c-0920a
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 13 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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. 14 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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, 15 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 16 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 17 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
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 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 35 8:01 PM 05/04/01 h1617c1c-0920a
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 36 8:01 PM 05/04/01 h1617c1c-0920a
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. 37 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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. 38 8:01 PM 05/04/01 h1617c1c-0920a
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 39 8:01 PM 05/04/01 h1617c1c-0920a
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 40 8:01 PM 05/04/01 h1617c1c-0920a
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.-- 41 8:01 PM 05/04/01 h1617c1c-0920a
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 42 8:01 PM 05/04/01 h1617c1c-0920a
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 43 8:01 PM 05/04/01 h1617c1c-0920a
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 44 8:01 PM 05/04/01 h1617c1c-0920a
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 45 8:01 PM 05/04/01 h1617c1c-0920a
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 46 8:01 PM 05/04/01 h1617c1c-0920a
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 47 8:01 PM 05/04/01 h1617c1c-0920a
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 48 8:01 PM 05/04/01 h1617c1c-0920a
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 49 8:01 PM 05/04/01 h1617c1c-0920a
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 50 8:01 PM 05/04/01 h1617c1c-0920a
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 51 8:01 PM 05/04/01 h1617c1c-0920a
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 52 8:01 PM 05/04/01 h1617c1c-0920a
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 53 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 54 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 55 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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, 56 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 57 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 58 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 59 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 60 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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 61 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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. 62 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 63 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 64 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 65 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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 66 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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 67 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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 68 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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 69 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 70 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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. 71 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 72 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 73 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 74 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 75 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 76 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 77 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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. 78 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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, 79 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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.-- 80 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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. 81 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 82 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 83 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 84 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 85 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 86 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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 87 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. Amendment No. ___ Barcode 812120 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 88 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT Bill No. CS/HBs 1617 & 1487, 2nd Eng. 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 89 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 90 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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. 91 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 92 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 93 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 94 8:01 PM 05/04/01 h1617c1c-0920a
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 95 8:01 PM 05/04/01 h1617c1c-0920a
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; 96 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 97 8:01 PM 05/04/01 h1617c1c-0920a
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 98 8:01 PM 05/04/01 h1617c1c-0920a
SENATE AMENDMENT 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 99 8:01 PM 05/04/01 h1617c1c-0920a
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 31 100 8:01 PM 05/04/01 h1617c1c-0920a