House Bill hb1617c1

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    Florida House of Representatives - 2001     CS/HBs 1617 & 1487

        By the Committee on Local Government & Veterans Affairs
    and Representatives Dockery and Russell





  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 163.3174, F.S.; requiring that local

  4         planning agencies include a representative of

  5         the district school board; repealing s.

  6         163.3177(12), F.S., which provides requirements

  7         for a public school facilities element of a

  8         local government comprehensive plan adopted to

  9         implement a school concurrency program;

10         amending s. 163.3177, F.S.; revising

11         requirements for the future land use element

12         and intergovernmental coordination element with

13         respect to planning for schools; creating s.

14         163.31776, F.S.; providing legislative intent

15         and findings; requiring that a local government

16         comprehensive plan include a public educational

17         facilities element; providing that the state

18         land planning agency shall establish a schedule

19         for adoption of such elements; exempting

20         certain municipalities from adopting such

21         elements; requiring local governments and the

22         school board to enter into an interlocal

23         agreement and providing requirements with

24         respect thereto; providing requirements for

25         such elements; providing requirements for

26         future land use maps; specifying the process

27         for adoption of such elements; specifying the

28         effect of a local government's failure to enter

29         into an interlocal agreement or transmit such

30         element according to the adopted schedule and

31         of a school board's failure to provide certain

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  1         information or to enter into an interlocal

  2         agreement; creating s. 163.31777, F.S.;

  3         requiring that local governments consider

  4         public school facilities when considering

  5         certain comprehensive plan amendments and

  6         rezonings; requiring that the school board

  7         provide a school capacity report; requiring

  8         denial of such amendments or rezoning requests

  9         under certain conditions; providing

10         requirements for proportionate share mitigation

11         of public school facility impacts; providing

12         for development agreements with respect

13         thereto; providing for certain credits;

14         amending s. 163.3180, F.S.; providing

15         requirements with respect to the public

16         educational facilities element when school

17         concurrency is imposed by local option;

18         removing school concurrency requirements

19         relating to intergovernmental coordination and

20         exemption for certain municipalities; revising

21         requirements relating to an interlocal

22         agreement for school concurrency; amending s.

23         163.3184, F.S.; including requirements for plan

24         amendments relating to the public educational

25         facilities element in the process for adoption

26         of comprehensive plan amendments; amending s.

27         163.3187, F.S.; providing that plan amendments

28         to adopt such elements and future land use map

29         amendments for school siting are not subject to

30         the statutory limits on the frequency of plan

31         amendments; amending s. 163.3191, F.S.;

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  1         conforming language; creating s. 163.3198,

  2         F.S.; directing the state land planning agency

  3         to develop fiscal analysis models for

  4         determining the costs and revenues of proposed

  5         development; providing requirements with

  6         respect thereto; creating a commission to

  7         oversee such development; providing for field

  8         tests of the models developed; directing the

  9         commission to make recommendations to the

10         Governor and Legislature regarding statewide

11         implementation of a uniform model and other

12         growth management issues; providing an

13         appropriation; amending s. 235.002, F.S.;

14         revising legislative intent and findings with

15         respect to educational facilities; amending s.

16         235.15, F.S.; removing specific need assessment

17         criteria for a school district's educational

18         plant survey and providing that the survey

19         shall be submitted as part of the district's

20         educational facilities plan; revising

21         provisions relating to certain deviation from

22         space need standards; providing for review and

23         validation of surveys by the Office of

24         Educational Facilities; revising requirements

25         relating to certifications necessary for

26         expenditure of PECO funds; amending s. 235.175,

27         F.S.; providing legislative purpose with

28         respect to the district educational facilities

29         plans; amending s. 235.18, F.S.; conforming

30         language; amending s. 235.185, F.S.; providing

31         definitions; providing requirements for

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  1         preparation of an annual tentative educational

  2         facilities plan by each school district;

  3         providing requirements for the district's

  4         facilities 5-year work program; providing for

  5         submittal of the tentative plan to local

  6         governments for review and comment; providing

  7         for annual adoption of the plan; providing for

  8         execution of the plan; removing provisions

  9         relating to 10-year and 20-year work programs;

10         amending s. 235.188, F.S.; conforming language;

11         amending s. 235.19, F.S., relating to site

12         planning and selection; providing that said

13         section is superseded by an interlocal

14         agreement between a school board and local

15         government and the school board and local

16         government plans under certain conditions;

17         revising site selection requirements; removing

18         a requirement that the Commissioner of

19         Education prescribe recommended sizes for new

20         educational facility sites; amending s.

21         235.193, F.S.; requiring school districts and

22         local governments to enter into an interlocal

23         agreement and providing requirements with

24         respect thereto; specifying effect of failure

25         to enter into the interlocal agreement;

26         requiring the school board to provide a local

27         government certain information when it is

28         considering certain comprehensive plan

29         amendment or rezoning applications; revising

30         requirements relating to school board

31         responsibilities in planning with local

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  1         governments; revising requirements relating to

  2         location of educational facilities; revising a

  3         notice requirement regarding proposed use of

  4         property for an educational facility; providing

  5         for inclusion of an alternative process for

  6         proposed facility review in the required

  7         interlocal agreement; conforming language;

  8         repealing s. 235.194, F.S., which requires

  9         school boards to submit an annual general

10         educational facilities report to local

11         governments; amending ss. 235.218, 235.321, and

12         236.25, F.S.; conforming language; providing an

13         effective date.

14

15         WHEREAS, it is in the best interests of the people of

16  the State of Florida to ensure sound planning for new

17  population growth in Florida, and

18         WHEREAS, Florida's population is expected to increase

19  by 50 percent from 16 million to 24 million over the next

20  three decades, and the number of school-age children is

21  projected to increase sharply around 2020 as the baby boom

22  echo generation's children reach school age, with commensurate

23  impacts to the state's public infrastructure, including our

24  public educational facilities, and

25         WHEREAS, our growth management system should fully

26  integrate the planning of public educational facilities,

27  should accurately forecast the costs associated with the

28  construction, operation, and maintenance of infrastructure,

29  and should adequately address our existing infrastructure

30  deficits, and

31

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  1         WHEREAS, as we respond to new growth and continue to

  2  address our existing infrastructure deficits, communities

  3  should make land use decisions with the knowledge of all

  4  relevant expenses and revenues associated with those

  5  decisions, as the future health of our state economy and the

  6  livability of our communities depends on appropriately

  7  addressing our infrastructure needs, NOW, THEREFORE,

  8

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

10

11         Section 1.  Subsection (1) of section 163.3174, Florida

12  Statutes, is amended to read:

13         163.3174  Local planning agency.--

14         (1)  The governing body of each local government,

15  individually or in combination as provided in s. 163.3171,

16  shall designate and by ordinance establish a "local planning

17  agency," unless the agency is otherwise established by law.

18  Each local planning agency shall include a representative of

19  the district school board as a member. The governing body may

20  designate itself as the local planning agency pursuant to this

21  subsection, with the addition of a representative of the

22  school board. The governing body shall notify the state land

23  planning agency of the establishment of its local planning

24  agency. All local planning agencies shall provide

25  opportunities for involvement by district school boards and

26  applicable community college boards, which may be accomplished

27  by formal representation, membership on technical advisory

28  committees, or other appropriate means. The local planning

29  agency shall prepare the comprehensive plan or plan amendment

30  after hearings to be held after public notice and shall make

31  recommendations to the governing body regarding the adoption

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  1  or amendment of the plan. The agency may be a local planning

  2  commission, the planning department of the local government,

  3  or other instrumentality, including a countywide planning

  4  entity established by special act or a council of local

  5  government officials created pursuant to s. 163.02, provided

  6  the composition of the council is fairly representative of all

  7  the governing bodies in the county or planning area; however:

  8         (a)  If a joint planning entity is in existence on the

  9  effective date of this act which authorizes the governing

10  bodies to adopt and enforce a land use plan effective

11  throughout the joint planning area, that entity shall be the

12  agency for those local governments until such time as the

13  authority of the joint planning entity is modified by law.

14         (b)  In the case of chartered counties, the planning

15  responsibility between the county and the several

16  municipalities therein shall be as stipulated in the charter.

17         Section 2.  Subsection (12) of section 163.3177,

18  Florida Statutes, is repealed, and paragraphs (a) and (h) of

19  subsection (6) of said section are amended to read:

20         163.3177  Required and optional elements of

21  comprehensive plan; studies and surveys.--

22         (6)  In addition to the requirements of subsections

23  (1)-(5), the comprehensive plan shall include the following

24  elements:

25         (a)  A future land use plan element designating

26  proposed future general distribution, location, and extent of

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

28  industry, agriculture, recreation, conservation, education,

29  public buildings and grounds, other public facilities, and

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

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

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  1  the control and distribution of population densities and

  2  building and structure intensities.  The proposed

  3  distribution, location, and extent of the various categories

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

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

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

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

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

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

10  including the amount of land required to accommodate

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

12  character of undeveloped land; the availability of public

13  services; the need for redevelopment, including the renewal of

14  blighted areas and the elimination of nonconforming uses which

15  are inconsistent with the character of the community; and, in

16  rural communities, the need for job creation, capital

17  investment, and economic development that will strengthen and

18  diversify the community's economy. The future land use plan

19  may designate areas for future planned development use

20  involving combinations of types of uses for which special

21  regulations may be necessary to ensure development in accord

22  with the principles and standards of the comprehensive plan

23  and this act. In addition, for rural communities, the amount

24  of land designated for future planned industrial use shall be

25  based upon surveys and studies that reflect the need for job

26  creation, capital investment, and the necessity to strengthen

27  and diversify the local economies, and shall not be limited

28  solely by the projected population of the rural community. The

29  future land use plan of a county may also designate areas for

30  possible future municipal incorporation. The land use maps or

31  map series shall generally identify and depict historic

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  1  district boundaries and shall designate historically

  2  significant properties meriting protection.  The future land

  3  use element must clearly identify the land use categories in

  4  which public schools are an allowable use.  When delineating

  5  the land use categories in which public schools are an

  6  allowable use, a local government shall include in the

  7  categories sufficient land proximate to residential

  8  development to meet the projected needs for schools in

  9  coordination with public school boards and may establish

10  differing criteria for schools of different type or size.

11  Each local government shall include lands contiguous to

12  existing school sites, to the maximum extent possible, within

13  the land use categories in which public schools are an

14  allowable use. All comprehensive plans must comply with the

15  school siting requirements of this paragraph no later than

16  October 1, 1999. The failure by a local government to comply

17  with these school siting requirements by October 1, 1999, will

18  result in the prohibition of the local government's ability to

19  amend the local comprehensive plan, except for plan amendments

20  described in s. 163.3187(1)(b), until the school siting

21  requirements are met. Amendments An amendment proposed by a

22  local government for purposes of identifying the land use

23  categories in which public schools are an allowable use or for

24  adopting or amending the school siting maps pursuant to s.

25  163.31776(6) are is exempt from the limitation on the

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

27  future land use element shall include criteria which encourage

28  the location of schools proximate to urban residential areas

29  to the extent possible and shall require that the local

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

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

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  1  possible, and shall include criteria which encourage using

  2  elementary schools as focal points for neighborhoods.

  3         (h)1.  An intergovernmental coordination element

  4  showing relationships and stating principles and guidelines to

  5  be used in the accomplishment of coordination of the adopted

  6  comprehensive plan with the plans of school boards and other

  7  units of local government providing services but not having

  8  regulatory authority over the use of land, with the

  9  comprehensive plans of adjacent municipalities, the county,

10  adjacent counties, or the region, and with the state

11  comprehensive plan, as the case may require and as such

12  adopted plans or plans in preparation may exist.  This element

13  of the local comprehensive plan shall demonstrate

14  consideration of the particular effects of the local plan,

15  when adopted, upon the development of adjacent municipalities,

16  the county, adjacent counties, or the region, or upon the

17  state comprehensive plan, as the case may require.

18         a.  The intergovernmental coordination element shall

19  provide for procedures to identify and implement joint

20  planning areas, especially for the purpose of annexation,

21  municipal incorporation, and joint infrastructure service

22  areas.

23         b.  The intergovernmental coordination element shall

24  provide for recognition of campus master plans prepared

25  pursuant to s. 240.155.

26         c.  The intergovernmental coordination element may

27  provide for a voluntary dispute resolution process as

28  established pursuant to s. 186.509 for bringing to closure in

29  a timely manner intergovernmental disputes.  A local

30  government may develop and use an alternative local dispute

31  resolution process for this purpose.

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  1         2.  The intergovernmental coordination element shall

  2  further state principles and guidelines to be used in the

  3  accomplishment of coordination of the adopted comprehensive

  4  plan with the plans of school boards and other units of local

  5  government providing facilities and services but not having

  6  regulatory authority over the use of land.  In addition, the

  7  intergovernmental coordination element shall describe joint

  8  processes for collaborative planning and decisionmaking on

  9  population projections and public school siting, the location

10  and extension of public facilities subject to concurrency, and

11  siting facilities with countywide significance, including

12  locally unwanted land uses whose nature and identity are

13  established in an agreement. Within 1 year of adopting their

14  intergovernmental coordination elements, each county, all the

15  municipalities within that county, the district school board,

16  and any unit of local government service providers in that

17  county shall establish by interlocal or other formal agreement

18  executed by all affected entities, the joint processes

19  described in this subparagraph consistent with their adopted

20  intergovernmental coordination elements.

21         3.  To foster coordination between special districts

22  and local general-purpose governments as local general-purpose

23  governments implement local comprehensive plans, each

24  independent special district must submit a public facilities

25  report to the appropriate local government as required by s.

26  189.415.

27         4.  The state land planning agency shall establish a

28  schedule for phased completion and transmittal of plan

29  amendments to implement subparagraphs 1., 2., and 3. from all

30  jurisdictions so as to accomplish their adoption by December

31  31, 1999.  A local government may complete and transmit its

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  1  plan amendments to carry out these provisions prior to the

  2  scheduled date established by the state land planning agency.

  3  The plan amendments are exempt from the provisions of s.

  4  163.3187(1).

  5         5.  Intergovernmental coordination between local

  6  governments and the district school board shall be governed by

  7  ss. 163.31776 and 163.31777.

  8         Section 3.  Section 163.31776, Florida Statutes, is

  9  created to read:

10         163.31776  Public educational facilities element.--

11         (1)  The intent of the Legislature is:

12         (a)  To establish a systematic process of sharing

13  information between school boards and local governments on the

14  growth and development trends in their communities in order to

15  forecast future enrollment and school needs.

16         (b)  To establish a systematic process for school

17  boards and local governments to cooperatively plan for the

18  provision of educational facilities to meet the current and

19  projected needs of the public education system population,

20  including the needs placed on the public education system as a

21  result of growth and development decisions by local

22  government.

23         (c)  To establish a systematic process for local

24  governments and school boards to cooperatively identify and

25  meet the infrastructure needs of public schools to assure

26  healthy school environments and safe school access.

27         (2)  The Legislature finds that:

28         (a)  Public schools are a linchpin to the vitality of

29  our communities and play a significant role in thousands of

30  individual housing decisions which result in community growth

31  trends.

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  1         (b)  Growth and development issues transcend the

  2  boundaries and responsibilities of individual units of

  3  government, and often no single unit of government can plan or

  4  implement policies to deal with these issues without affecting

  5  other units of government.

  6         (3)  A public educational facilities element shall be

  7  adopted in cooperation with the applicable school district by

  8  all local governments pursuant to a schedule established by

  9  the state land planning agency so as to accomplish its

10  adoption by January 1, 2007.  The initial counties and

11  municipalities in the schedule shall be those with the

12  greatest unmet demand for public school facilities, and they

13  shall transmit their public educational facilities element no

14  later than January 1, 2003.  Criteria for determining the

15  greatest unmet demand for public school facilities shall be

16  established by rule by the state land planning agency.  Each

17  municipality shall either adopt its own element or accept by

18  resolution or ordinance a public educational facilities

19  element adopted by the county which includes the

20  municipality's area of authority as defined by s. 163.3171;

21  however, a municipality shall be exempt from this requirement

22  if it meets all of the following criteria:

23         (a)  The municipality has issued development orders for

24  fewer than 50 residential dwelling units during the preceding

25  5 years or it has generated fewer than 25 additional public

26  school students during the preceding 5 years.

27         (b)  The municipality has not annexed new land during

28  the preceding 5 years in land use categories which permit

29  residential uses that may affect school attendance rates.

30         (c)  The municipality has no public schools located

31  within its boundaries.

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  1         (d)  At least 80 percent of the developable land within

  2  the boundaries of the municipality has been built upon.

  3         (e)  The municipality has not adopted a land use

  4  amendment which increases residential density for greater than

  5  50 residential units.

  6

  7  Any municipality exempt under this subsection shall notify the

  8  county and the school board of any planned annexation into

  9  residential or proposed residential areas, and shall comply

10  with this subsection no later than 1 year following a change

11  in conditions which renders the municipality no longer

12  eligible for exemption, or no later than 1 year following the

13  identification of a proposed public school in the school

14  board's 5-year district facilities work program in the

15  municipality's jurisdiction.

16         (4)  No later than 6 months prior to the deadline for

17  transmittal of a public educational facilities element, the

18  county, the participating municipalities, and the school board

19  shall enter into an interlocal agreement which establishes a

20  process to develop coordinated and consistent local government

21  public educational facilities elements and district

22  educational facilities plans, including a process:

23         (a)  By which each local government and the school

24  district agree and base their plans on consistent projections

25  of the amount, type, and distribution of population growth and

26  student enrollment.

27         (b)  To coordinate and share information relating to

28  existing and planned public school facilities and local

29  government plans for development and redevelopment.

30         (c)  To ensure that school siting decisions by the

31  school board are consistent with the local comprehensive plan,

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  1  including appropriate circumstances and criteria under which a

  2  school district may request an amendment to the comprehensive

  3  plan for school siting, and to provide for early involvement

  4  by the local government as the school board identifies

  5  potential school sites.

  6         (d)  To coordinate and provide formal comments during

  7  the development, adoption, and amendment of each local

  8  government's public educational facilities element and the

  9  educational facilities plan of the school district to ensure a

10  uniform countywide school facility planning system.

11         (e)  For school district participation in the review of

12  residential development applications for comprehensive plan

13  amendments and rezonings which increase residential density

14  and which are reasonably expected to have an impact on public

15  school facility demand, pursuant to s. 163.31777. The

16  interlocal agreement shall express how the school board and

17  local governments will develop the methodology and the

18  criteria for determining if school facility capacity will not

19  be reasonably available at the time of projected school

20  impacts, including uniform, districtwide level-of-service

21  standards for all public schools of the same type and

22  availability standards for public schools.  The interlocal

23  agreement shall ensure that consistent criteria and capacity

24  determination methodologies are adopted into the school

25  board's district educational facilities plan and the local

26  government's public educational facilities element.  The

27  interlocal agreement shall also set forth the process and

28  uniform methodology for determining proportionate share

29  mitigation pursuant to s. 163.31777.

30         (f)  For the resolution of disputes between the school

31  district and local governments.

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  1         (5)  The public educational facilities element shall be

  2  based on data and analysis, including the interlocal agreement

  3  required by subsection (4), and the educational facilities

  4  plan required by s. 235.185.  All local government public

  5  educational facilities elements within a county shall be

  6  consistent with each other and shall address the following:

  7         (a)  The need for and strategies and commitments to

  8  address improvements to infrastructure, safety, and community

  9  conditions in areas proximate to existing public schools.

10         (b)  The need for and strategies for the provision of

11  adequate infrastructure necessary to support proposed schools,

12  including potable water, wastewater, drainage, and

13  transportation, and the need for other actions to ensure safe

14  access to schools, including provision of sidewalks, bicycle

15  paths, turn lanes, and signalization.

16         (c)  Collocation of other public facilities such as

17  parks, libraries, and community centers with public schools.

18         (d)  Location of schools proximate to residential areas

19  and use of public schools to complement patterns of

20  development, including using elementary schools as focal

21  points for neighborhoods.

22         (e)  Use of public schools as emergency shelters.

23         (f)  Consideration of the existing and planned capacity

24  of public schools when reviewing comprehensive plan amendments

25  and rezonings which would increase potential residential

26  development, with the review based on uniform districtwide

27  level-of-service standards for all public schools of the same

28  type and availability standards for public schools, and the

29  financially feasible 5-year district facilities work program

30  adopted by the school board pursuant to s. 235.185.

31

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  1         (g)  A uniform methodology for determining

  2  proportionate share mitigation consistent with the

  3  requirements of s. 163.31777(4) and the interlocal agreement.

  4         (6)  The future land use map series shall either

  5  incorporate maps which are the result of a collaborative

  6  process for identifying school sites and are adopted in the

  7  educational facilities plan promulgated by the school board

  8  pursuant to s. 235.185 showing the locations of existing

  9  public schools and the general locations of improvements to

10  existing schools or construction of new schools anticipated

11  over the 5-year, 10-year, and 20-year time periods, or such

12  maps shall be data and analysis in support of the future land

13  use map series.  Maps indicating general locations of future

14  schools or school improvements shall not be deemed to

15  prescribe a land use on a particular parcel of land.

16         (7)  The process for adoption of a public educational

17  facilities element shall be as provided in s. 163.3184.  The

18  state land planning agency shall submit a copy of the proposed

19  public school facilities element pursuant to the procedures

20  outlined in s. 163.3184(4) to the Office of Educational

21  Facilities of the Commissioner of Education for review and

22  comment.

23         (8)  If a local government fails to comply with the

24  requirement to transmit a public educational facilities

25  element or to enter into an interlocal agreement with the

26  school board pursuant to the schedule established by the state

27  land planning agency, the local government is prohibited from

28  amending the local comprehensive plan until the public

29  educational facilities element is adopted.  If a local

30  government fails to comply with the requirements of this

31  section to enter into the interlocal agreement or to transmit

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  1  a public educational facilities element by the required date,

  2  or if the Administration Commission finds that the public

  3  educational facilities element is not in compliance, the local

  4  government shall be subject to sanctions imposed by the

  5  Administration Commission pursuant to s. 163.3184(11).  The

  6  failure of a local government or school board to enter into

  7  the interlocal agreement shall not subject another local

  8  government or school board to sanctions.  The failure of a

  9  school board to provide the required plans or information or

10  to enter into the interlocal agreement under this section

11  shall subject the school board to sanctions pursuant to s.

12  235.193(3).  Any local government transmitting a public school

13  facilities element to implement school concurrency pursuant to

14  the requirements of s. 163.3180 prior to the effective date of

15  this act shall not be required to amend the element or any

16  interlocal agreement to conform with the provisions of this

17  section, if such amendment is ultimately determined to be in

18  compliance by the state land planning agency.

19         Section 4.  Section 163.31777, Florida Statutes, is

20  created to read:

21         163.31777  Plan amendments and rezonings; consideration

22  of public school capacity.--

23         (1)  Local governments shall consider public school

24  facilities when reviewing comprehensive plan amendments and

25  rezonings that propose to increase residential densities and

26  which are reasonably expected to have an impact on public

27  school facility demand.

28         (2)  As part of the review of such a comprehensive plan

29  amendment or rezoning, the school board shall provide the

30  local government with a school capacity report based on the

31  district educational facilities plan adopted by the school

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  1  board pursuant to s. 235.185, which shall provide data and

  2  analysis on the capacity and enrollment of affected schools

  3  based on standards established by state or federal law or

  4  judicial order, projected additional enrollment attributable

  5  to the density increase from the amendment or rezoning,

  6  programmed and financially feasible new public school

  7  facilities or improvements for affected schools identified in

  8  the educational facilities plan of the school board and the

  9  expected date of availability of such facilities or

10  improvements, and available reasonable options for providing

11  public school facilities to students if the rezoning or

12  comprehensive plan amendment is approved.  The options shall

13  include, but not be limited to, the school board's evaluation

14  of school schedule modification, school attendance zones

15  modification, school facility modification, and creation of

16  charter schools.  The report shall be consistent with the

17  interlocal agreement, the public educational facilities

18  element, and this section.

19         (3)  Following the effective dates of both the

20  interlocal agreement and the public educational facilities

21  element required by s. 163.31776, the local government shall

22  deny a comprehensive plan amendment or rezoning request which

23  would increase potential residential development if the school

24  facility capacity will not be reasonably available at the time

25  of projected school impacts as determined by the process and

26  methodology established in the public educational facilities

27  element; however, the application for a comprehensive plan

28  amendment or a rezoning shall not be disapproved based on lack

29  of school capacity if the applicant executes a legally binding

30  commitment to provide mitigation proportionate to the demand

31  for public school facilities to be created by actual

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  1  development of the property, including, but not limited to,

  2  the options described in subsection (4).  The school board's

  3  determination of facility capacity shall constitute competent

  4  substantial evidence to support the denial of such plan

  5  amendment or rezoning request.

  6         (4)(a)  Options for proportionate share mitigation of

  7  public school facility impacts from actual development of

  8  property subject to a plan amendment or rezoning that

  9  increases residential density shall be established in the

10  educational facilities plan and the public educational

11  facilities element.  Such options shall include execution by

12  the applicant and the local government of a binding

13  development agreement pursuant to ss. 163.3220-163.3243 which

14  shall constitute a legally binding commitment to pay

15  proportionate share mitigation for the additional residential

16  units when approved by the local government in a development

17  order and actually developed on the property, taking into

18  account residential density allowed on the property prior to

19  the plan amendment or rezoning which increased overall

20  residential density.  The district school board may be a party

21  to such an agreement.  As a condition of its entry into such a

22  development agreement, the local government may require the

23  landowner to agree to continuing renewal of the agreement upon

24  its expiration.

25         (b)  If the educational facilities plan and the public

26  educational facilities element authorize a contribution of

27  land or payment for land acquisition, or construction or

28  expansion of a public school facility, or a portion thereof,

29  as proportionate share mitigation, the local government shall

30  credit such a contribution, construction, expansion, or

31  payment toward any other impact fee or exaction imposed by

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  1  local ordinance for the same need, on a dollar-for-dollar

  2  basis at fair market value.

  3         (c)  Any proportionate share mitigation shall be

  4  directed by the school board toward a school capacity

  5  improvement within the affected area which is identified in

  6  the financially feasible 5-year district work plan.

  7         Section 5.  Subsection (13) of section 163.3180,

  8  Florida Statutes, is amended to read:

  9         163.3180  Concurrency.--

10         (13)  School concurrency, if imposed by local option,

11  shall be established on a districtwide basis and shall include

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

13  district, whether located in a municipality or an

14  unincorporated area. The application of school concurrency to

15  development shall be based upon the adopted comprehensive

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

17  except as provided in s. 163.31776(3) paragraph (f), shall

18  adopt and transmit to the state land planning agency the

19  necessary plan amendments, along with the interlocal

20  agreement, for a compliance review pursuant to s. 163.3184(7)

21  and (8). School concurrency shall not become effective in a

22  county until all local governments, except as provided in s.

23  163.31776(3) paragraph (f), have adopted the necessary plan

24  amendments, which together with the interlocal agreement, are

25  determined to be in compliance with the requirements of this

26  part.  The minimum requirements for school concurrency are the

27  following:

28         (a)  Public educational school facilities element.--A

29  local government that elects to adopt public school

30  concurrency shall adopt and transmit to the state land

31  planning agency a plan or plan amendment which includes a

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  1  public educational school facilities element which is

  2  consistent with the requirements of s. 163.31776(5)

  3  163.3177(12) and which is consistent with the following:

  4         1.  The element shall be based on data and analyses

  5  that address how uniform, districtwide level-of-service

  6  standards for all schools of the same type will be achieved

  7  and maintained.

  8         2.  The element shall establish specific, measurable,

  9  intermediate ends that are achievable and mark progress toward

10  the goal of school concurrency.

11         3.  The element shall establish the way in which

12  programs and activities will be conducted to achieve an

13  identified goal.

14         4.  The element shall address the procedure for an

15  annual update process.

16         5.  All local government public educational facilities

17  elements which adopt public school concurrency within a county

18  must be consistent with each other as well as the requirements

19  of this part.  Any local government transmitting a public

20  school facilities element for the purpose of adopting public

21  school concurrency prior to the effective date of this act

22  shall not be required to amend the element or any interlocal

23  agreement to conform with the provisions of s. 163.31776 or s.

24  163.31777. determined to be in compliance as defined in s.

25  163.3184(1)(b).  All local government public school facilities

26  plan elements within a county must be consistent with each

27  other as well as the requirements of this part.

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

29  recognizes that an essential requirement for a concurrency

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

31  facility is expected to operate.

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  1         1.  Local governments and school boards imposing school

  2  concurrency shall exercise authority in conjunction with each

  3  other to establish jointly adequate level-of-service

  4  standards, as defined in chapter 9J-5, Florida Administrative

  5  Code, necessary to implement the adopted local government

  6  comprehensive plan, based on data and analysis.

  7         2.  Public school level-of-service standards shall be

  8  included and adopted into the capital improvements element of

  9  the local comprehensive plan and shall apply districtwide to

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

11  elementary, middle, and high schools as well as special

12  purpose facilities such as magnet schools.

13         3.  Local governments and school boards shall have the

14  option to utilize tiered level-of-service standards to allow

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

16  circumstances warrant.

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

18  essential requirement for a concurrency system is a

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

20  be measured when an application for a residential development

21  permit is reviewed for school concurrency purposes. This

22  delineation is also important for purposes of determining

23  whether the local government has a financially feasible public

24  school capital facilities program that will provide schools

25  which will achieve and maintain the adopted level-of-service

26  standards.

27         1.  In order to balance competing interests, preserve

28  the constitutional concept of uniformity, and avoid disruption

29  of existing educational and growth management processes, local

30  governments are encouraged to apply school concurrency to

31  development on a districtwide basis so that a concurrency

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  1  determination for a specific development will be based upon

  2  the availability of school capacity districtwide.

  3         2.  For local governments applying school concurrency

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

  5  attendance zones or larger school concurrency service areas,

  6  local governments and school boards shall have the burden to

  7  demonstrate that the utilization of school capacity is

  8  maximized to the greatest extent possible in the comprehensive

  9  plan and amendment, taking into account transportation costs

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

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

12  the service area boundaries selected by local governments and

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

14  standards for establishing those boundaries, shall be

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

16  plan.  Any subsequent change to the service area boundaries

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

18  amendment and shall be exempt from the limitation on the

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

20         3.  Where school capacity is available on a

21  districtwide basis but school concurrency is applied on a less

22  than districtwide basis in the form of concurrency service

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

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

25  a development permit and if the needed capacity for the

26  particular service area is available in one or more contiguous

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

28  development order shall be issued and mitigation measures

29  shall not be exacted.

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

31  that financial feasibility is an important issue because the

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  1  premise of concurrency is that the public facilities will be

  2  provided in order to achieve and maintain the adopted

  3  level-of-service standard. This part and chapter 9J-5, Florida

  4  Administrative Code, contain specific standards to determine

  5  the financial feasibility of capital programs. These standards

  6  were adopted to make concurrency more predictable and local

  7  governments more accountable.

  8         1.  A comprehensive plan amendment seeking to impose

  9  school concurrency shall contain appropriate amendments to the

10  capital improvements element of the comprehensive plan,

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

12  9J-5.016, Florida Administrative Code. The capital

13  improvements element shall set forth a financially feasible

14  public school capital facilities program, established in

15  conjunction with the school board, that demonstrates that the

16  adopted level-of-service standards will be achieved and

17  maintained.

18         2.  Such amendments shall demonstrate that the public

19  school capital facilities program meets all of the financial

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

21  Administrative Code, that apply to capital programs which

22  provide the basis for mandatory concurrency on other public

23  facilities and services.

24         3.  When the financial feasibility of a public school

25  capital facilities program is evaluated by the state land

26  planning agency for purposes of a compliance determination,

27  the evaluation shall be based upon the service areas selected

28  by the local governments and school board.

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

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

31  authorizing residential development for failure to achieve and

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  1  maintain the level-of-service standard for public school

  2  capacity in a local option school concurrency system where

  3  adequate school facilities will be in place or under actual

  4  construction within 3 years after permit issuance.

  5         (f)  Intergovernmental coordination.--

  6         1.  When establishing concurrency requirements for

  7  public schools, a local government shall satisfy the

  8  requirements for intergovernmental coordination set forth in

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

10  required to be a signatory to the interlocal agreement

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

12  imposition of school concurrency, and as a nonsignatory, shall

13  not participate in the adopted local school concurrency

14  system, if the municipality meets all of the following

15  criteria for having no significant impact on school

16  attendance:

17         a.  The municipality has issued development orders for

18  fewer than 50 residential dwelling units during the preceding

19  5 years, or the municipality has generated fewer than 25

20  additional public school students during the preceding 5

21  years.

22         b.  The municipality has not annexed new land during

23  the preceding 5 years in land use categories which permit

24  residential uses that will affect school attendance rates.

25         c.  The municipality has no public schools located

26  within its boundaries.

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

28  the boundaries of the municipality has been built upon.

29         2.  A municipality which qualifies as having no

30  significant impact on school attendance pursuant to the

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

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

  2  163.3191 whether it continues to meet the criteria.  If the

  3  municipality determines that it no longer meets the criteria,

  4  it must adopt appropriate school concurrency goals,

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

  6  evaluation and appraisal report, and enter into the existing

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

  8  to fully participate in the school concurrency system.  If

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

10  enforcement provisions of s. 163.3191.

11         (f)(g)  Interlocal agreement for school

12  concurrency.--When establishing concurrency requirements for

13  public schools, a local government must enter into an

14  interlocal agreement which satisfies the requirements in s.

15  163.31776(4) 163.3177(6)(h)1. and 2. and the requirements of

16  this subsection.  The interlocal agreement shall acknowledge

17  both the school board's constitutional and statutory

18  obligations to provide a uniform system of free public schools

19  on a countywide basis, and the land use authority of local

20  governments, including their authority to approve or deny

21  comprehensive plan amendments and development orders.  The

22  interlocal agreement shall be submitted to the state land

23  planning agency by the local government as a part of the

24  compliance review, along with the other necessary amendments

25  to the comprehensive plan required by this part.  In addition

26  to the requirements of s. 163.31776(4) 163.3177(6)(h), the

27  interlocal agreement shall meet the following requirements:

28         1.  Establish the mechanisms for coordinating the

29  development, adoption, and amendment of each local

30  government's public school facilities element with each other

31

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

  2  districtwide school concurrency system.

  3         2.  Establish a process by which each local government

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

  5  consistent projections of the amount, type, and distribution

  6  of population growth and coordinate and share information

  7  relating to existing and planned public school facilities

  8  projections and proposals for development and redevelopment,

  9  and infrastructure required to support public school

10  facilities.

11         3.  Establish a process for the development of siting

12  criteria which encourages the location of public schools

13  proximate to urban residential areas to the extent possible

14  and seeks to collocate schools with other public facilities

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

16  possible.

17         2.4.  Specify uniform, districtwide level-of-service

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

19  for modifying the adopted levels-of-service standards.

20         3.5.  Establish a process for the preparation,

21  amendment, and joint approval by each local government and the

22  school board of a public school capital facilities program

23  which is financially feasible, and a process and schedule for

24  incorporation of the public school capital facilities program

25  into the local government comprehensive plans on an annual

26  basis.

27         4.6.  Define the geographic application of school

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

29  than districtwide basis in the form of concurrency service

30  areas, the agreement shall establish criteria and standards

31  for the establishment and modification of school concurrency

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  1  service areas.  The agreement shall also establish a process

  2  and schedule for the mandatory incorporation of the school

  3  concurrency service areas and the criteria and standards for

  4  establishment of the service areas into the local government

  5  comprehensive plans.  The agreement shall ensure maximum

  6  utilization of school capacity, taking into account

  7  transportation costs and court-approved desegregation plans,

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

  9  achievement and maintenance of the adopted level-of-service

10  standards for the geographic area of application throughout

11  the 5 years covered by the public school capital facilities

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

13  annual update.

14         5.7.  Establish a uniform districtwide procedure for

15  implementing school concurrency which provides for:

16         a.  The evaluation of development applications for

17  compliance with school concurrency requirements;

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

19  comment on the effect of comprehensive plan amendments and

20  rezonings on the public school facilities plan; and

21         c.  The monitoring and evaluation of the school

22  concurrency system.

23         6.8.  Include provisions relating to termination,

24  suspension, and amendment of the agreement.  The agreement

25  shall provide that if the agreement is terminated or

26  suspended, the application of school concurrency shall be

27  terminated or suspended.

28         Section 6.  Paragraph (b) of subsection (1) and

29  subsection (4) of section 163.3184, Florida Statutes, are

30  amended to read:

31

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  1         163.3184  Process for adoption of comprehensive plan or

  2  plan amendment.--

  3         (1)  DEFINITIONS.--As used in this section:

  4         (b)  "In compliance" means consistent with the

  5  requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180,

  6  163.3191, and 163.3245, with the state comprehensive plan,

  7  with the appropriate strategic regional policy plan, and with

  8  chapter 9J-5, Florida Administrative Code, where such rule is

  9  not inconsistent with this part and with the principles for

10  guiding development in designated areas of critical state

11  concern.

12         (4)  INTERGOVERNMENTAL REVIEW.--If review of a proposed

13  comprehensive plan amendment is requested or otherwise

14  initiated pursuant to subsection (6), the state land planning

15  agency within 5 working days of determining that such a review

16  will be conducted shall transmit a copy of the proposed plan

17  amendment to various government agencies, as appropriate, for

18  response or comment, including, but not limited to, the

19  Department of Environmental Protection, the Department of

20  Transportation, the water management district, and the

21  regional planning council, and, in the case of municipal

22  plans, to the county land planning agency. If the plan or plan

23  amendment includes or relates to the public educational

24  facilities element required by s. 163.31776, the state land

25  planning agency shall submit a copy to the Office of

26  Educational Facilities of the Commissioner of Education for

27  review and comment. These governmental agencies shall provide

28  comments to the state land planning agency within 30 days

29  after receipt of the proposed plan amendment. The appropriate

30  regional planning council shall also provide its written

31  comments to the state land planning agency within 30 days

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  1  after receipt of the proposed plan amendment and shall specify

  2  any objections, recommendations for modifications, and

  3  comments of any other regional agencies to which the regional

  4  planning council may have referred the proposed plan

  5  amendment. Written comments submitted by the public within 30

  6  days after notice of transmittal by the local government of

  7  the proposed plan amendment will be considered as if submitted

  8  by governmental agencies. All written agency and public

  9  comments must be made part of the file maintained under

10  subsection (2).

11         Section 7.  Paragraph (j) of subsection (1) of section

12  163.3187, Florida Statutes, is amended, and paragraph (k) is

13  added to said subsection, to read:

14         163.3187  Amendment of adopted comprehensive plan.--

15         (1)  Amendments to comprehensive plans adopted pursuant

16  to this part may be made not more than two times during any

17  calendar year, except:

18         (j)  Any comprehensive plan amendment to establish

19  public school concurrency pursuant to s. 163.3180(13),

20  including, but not limited to, adoption of a public

21  educational school facilities element and adoption of

22  amendments to the capital improvements element and

23  intergovernmental coordination element. In order to ensure the

24  consistency of local government public educational school

25  facilities elements within a county, such elements shall be

26  prepared and adopted on a similar time schedule.

27         (k)  A comprehensive plan amendment to adopt a public

28  educational facilities element pursuant to s. 163.31776, and

29  future land use map amendments for school siting, may be

30  approved without regard to statutory limits on the frequency

31  of adoption of plan amendments.

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  1         Section 8.  Paragraph (k) of subsection (2) of section

  2  163.3191, Florida Statutes, is amended to read:

  3         163.3191  Evaluation and appraisal of comprehensive

  4  plan.--

  5         (2)  The report shall present an evaluation and

  6  assessment of the comprehensive plan and shall contain

  7  appropriate statements to update the comprehensive plan,

  8  including, but not limited to, words, maps, illustrations, or

  9  other media, related to:

10         (k)  The coordination of the comprehensive plan with

11  existing public schools and those identified in the applicable

12  educational 5-year school district facilities plan work

13  program adopted pursuant to s. 235.185. The assessment shall

14  address, where relevant, the success or failure of the

15  coordination of the future land use map and associated planned

16  residential development with public schools and their

17  capacities, as well as the joint decisionmaking processes

18  engaged in by the local government and the school board in

19  regard to establishing appropriate population projections and

20  the planning and siting of public school facilities. If the

21  issues are not relevant, the local government shall

22  demonstrate that they are not relevant.

23         Section 9.  Section 163.3198, Florida Statutes, is

24  created to read:

25         163.3198  Development of a uniform fiscal impact

26  analysis model for evaluating the cost of infrastructure to

27  support development.--

28         (1)  The Legislature finds that the quality of growth

29  in Florida could benefit greatly by the adoption of a uniform

30  fiscal impact analysis tool that could be used by local

31  governments to determine the costs and benefits of new

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  1  development.  To facilitate informed decisionmaking and

  2  accountability by local governments, the analysis model would

  3  itemize and calculate the costs and fiscal impacts of

  4  infrastructure needs created by proposed development, as well

  5  as the anticipated revenues utilized for infrastructure

  6  associated with the project.  It is intended that the model be

  7  a minimum base model for implementation by all local

  8  governments.  Local governments shall not be required to

  9  implement the model until the Legislature approves such

10  implementation, nor shall local governments be prevented from

11  utilizing other fiscal or economic analysis tools before or

12  after adoption of the uniform fiscal analysis model.  The

13  Legislature intends that the analysis will provide local

14  government decisionmakers with a clearer understanding of the

15  fiscal impact of the new development on the community and its

16  resources.

17         (2)(a)  To oversee the development of a fiscal analysis

18  model by the state land planning agency, there is created a

19  commission consisting of nine members.  The Governor, the

20  President of the Senate, and the Speaker of the House of

21  Representatives shall each appoint three members to the

22  commission, and the Governor shall designate one of his

23  appointees as chair.  Appointments must be made by July 1,

24  2001, and each appointing authority shall consider ethnic and

25  gender balance when making appointments.  The members of the

26  commission must have technical or practical expertise to bring

27  to bear on the design or implementation of the model.  The

28  commission shall include representatives of municipalities,

29  counties, school boards, the development community, and public

30  interest groups.

31         (b)  The commission shall have the responsibility to:

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  1         1.  Direct the state land planning agency, and others,

  2  in developing a fiscal analysis model.

  3         2.  Select one or more models to test through six pilot

  4  projects conducted in six regionally diverse local government

  5  jurisdictions selected by the commission.

  6         3.  Make changes to the models during the testing

  7  period as needed.

  8         4.  Report to the Governor and the Legislature with

  9  implementation recommendations.

10         (c)  Each member may receive per diem and expenses for

11  travel, as provided in s. 112.061, while carrying out the

12  official business of the commission.

13         (d)  The commission is assigned, for administrative

14  purposes, to the Department of Community Affairs.

15         (e)  The commission shall meet at the call of the chair

16  and shall be dissolved upon the submittal of the report and

17  recommendations required by subsection (6).

18         (3)(a)  The state land planning agency, as directed by

19  the commission, shall develop one or more fiscal analysis

20  models for determining the estimated costs and revenues of

21  proposed development.  The analysis provided by the model

22  shall be a tool for government decisionmaking, shall not

23  constitute an automatic approval or disapproval of new

24  development, and shall apply to all public and private

25  projects and all land use categories.  The model or models

26  selected for field testing shall be approved by the

27  commission.

28         (b)  The model shall be capable of estimating the

29  capital, operating, and maintenance expenses and revenues for

30  infrastructure needs created by new development based on the

31  type, scale, and location of various land uses.  For the

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  1  purposes of developing the model, estimated costs shall

  2  include those associated with provision of school facilities,

  3  transportation facilities, water supply, sewer, stormwater,

  4  and solid waste services, and publicly provided

  5  telecommunications services.  Estimated revenues shall include

  6  all revenues attributable to the proposed development which

  7  are utilized to construct, operate, or maintain such

  8  facilities and services.  The model may be developed with

  9  capabilities of estimating other costs and benefits directly

10  related to new development, including economic costs and

11  benefits.  The Legislature recognizes the potential

12  limitations of such models in fairly quantifying important

13  quality of life issues such as the intangible benefits and

14  costs associated with development, including, but not limited

15  to, overall impact on community character, housing costs,

16  compatibility, and impacts on natural and historic resources,

17  and therefore affirms its intention that the model not be used

18  as the only determinate of the acceptability of new

19  development.  In order to develop a model for testing through

20  pilot projects, the Legislature directs the commission to

21  focus on the infrastructure costs expressly identified in this

22  paragraph.  The commission may authorize a local government

23  selected to conduct a pilot project to apply the fiscal

24  analysis model being tested to a public facility or service

25  other than those identified in this paragraph; however,

26  appropriately related revenues and benefits must also be

27  considered.

28         (c)  The model shall be capable of identifying

29  infrastructure deficits or backlogs, and costs associated with

30  addressing such needs.

31

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  1         (d)  As part of its development of a fiscal analysis

  2  model, and as directed by the commission, the state land

  3  planning agency shall develop a format by which the local

  4  government shall report to its citizens, at least annually,

  5  the cumulative fiscal impact of its local planning decisions.

  6         (4)  One or more fiscal analysis models shall be tested

  7  in the field to evaluate their technical validity and

  8  practical usefulness and the financial feasibility of local

  9  government implementation.  The field tests shall be conducted

10  as demonstration projects in six regionally diverse local

11  government jurisdictions.

12         (5)  Data, findings, and feedback from the field tests

13  shall be presented to the commission at least every 3 months

14  following the initiation of each demonstration project.  Based

15  on the feedback provided by the state land planning agency and

16  the local government partner of a demonstration project, the

17  commission may require the state land planning agency to

18  adjust or modify one or more models, including consideration

19  of appropriate thresholds and exemptions, and conduct

20  additional field testing if necessary.

21         (6)  No later than February 1, 2003, the commission

22  shall transmit to the Governor, the President of the Senate,

23  and the Speaker of the House of Representatives a report

24  detailing the results of the demonstration projects. The

25  commission shall report its recommendations for statewide

26  implementation of a uniform fiscal analysis model.  Any

27  recommendation to implement the model must be based on the

28  commission's determination that the model is technically

29  valid, financially feasible for local government

30  implementation, and practically useful for implementation as a

31  uniform fiscal analysis model. Should the commission determine

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  1  that a uniform fiscal analysis model is not technically valid,

  2  financially feasible for local government implementation, and

  3  practically useful for implementation as a uniform fiscal

  4  analysis model, it shall recommend that the model or its

  5  application be modified or not implemented.  The report shall

  6  also include recommendations for changes to any existing

  7  growth management laws and policies necessary to implement the

  8  model; recommendations for repealing existing growth

  9  management laws, such as concurrency, that may no longer be

10  relevant or effective once the model is implemented;

11  recommendations for state technical and financial assistance

12  to help local governments in the implementation of the uniform

13  fiscal analysis model; recommendations addressing state and

14  local sources of additional infrastructure funding; and

15  recommendations for incentives to local governments to

16  encourage identification of areas in which infrastructure

17  development will be encouraged.

18         Section 10.  There is appropriated to the Department of

19  Community Affairs from the General Revenue Fund $500,000 to

20  implement s. 163.3198, Florida Statutes.

21         Section 11.  Section 235.002, Florida Statutes, is

22  amended to read:

23         235.002  Intent.--

24         (1)  The intent of the Legislature is:

25         (a)  To provide each student in the public education

26  system the availability of an educational environment

27  appropriate to his or her educational needs which is

28  substantially equal to that available to any similar student,

29  notwithstanding geographic differences and varying local

30  economic factors, and to provide facilities for the Florida

31

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  1  School for the Deaf and the Blind and other educational

  2  institutions and agencies as may be defined by law.

  3         (a)(b)  To encourage the use of innovative designs,

  4  construction techniques, and financing mechanisms in building

  5  educational facilities for the purpose of reducing costs to

  6  the taxpayer, creating a more satisfactory educational

  7  environment suited to the community in which the educational

  8  facility is located, and reducing the amount of time necessary

  9  for design, permitting of on-site and off-site improvements

10  required by law, and construction to fill unmet needs.

11         (b)(c)  To provide a systematic mechanism whereby

12  educational facilities construction plans can meet the current

13  and projected needs of the public education system population

14  as quickly as possible by building uniform, sound educational

15  environments and to provide a sound base for planning for

16  educational facilities needs.

17         (c)(d)  To provide proper legislative support for as

18  wide a range of fiscally sound financing methodologies for as

19  possible for the delivery of educational facilities and, where

20  appropriate, for their construction, operation, and

21  maintenance.

22         (d)  To establish a systematic process of sharing

23  information between school boards and local governments on the

24  growth and development trends in their communities in order to

25  forecast future enrollment and school needs.

26         (e)  To establish a systematic process for school

27  boards and local governments to cooperatively plan for the

28  provision of educational facilities to meet the current and

29  projected needs of the public education system population,

30  including the needs placed on the public education system as a

31

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  1  result of growth and development decisions by local

  2  government.

  3         (f)  To establish a systematic process for local

  4  governments and school boards to cooperatively identify and

  5  meet the infrastructure needs of public schools.

  6         (2)  The Legislature finds and declares that:

  7         (a)  Public schools are a linchpin to the vitality of

  8  our communities and play a significant role in the thousands

  9  of individual housing decisions that result in community

10  growth trends.

11         (b)(a)  Growth and development issues transcend the

12  boundaries and responsibilities of individual units of

13  government, and often no single unit of government can plan or

14  implement policies to deal with these issues without affecting

15  other units of government.

16         (c)(b)  The effective and efficient provision of public

17  educational facilities and services enhances is essential to

18  preserving and enhancing the quality of life of the people of

19  this state.

20         (d)(c)  The provision of educational facilities often

21  impacts community infrastructure and services.  Assuring

22  coordinated and cooperative provision of such facilities and

23  associated infrastructure and services is in the best interest

24  of the state.

25         Section 12.  Section 235.15, Florida Statutes, is

26  amended to read:

27         235.15  Educational plant survey; localized need

28  assessment; PECO project funding.--

29         (1)  At least every 5 years, each board, including the

30  Board of Regents, shall arrange for an educational plant

31  survey, to aid in formulating plans for housing the

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  1  educational program and student population, faculty,

  2  administrators, staff, and auxiliary and ancillary services of

  3  the district or campus, including consideration of the local

  4  comprehensive plan. The Division of Workforce Development

  5  shall document the need for additional career and adult

  6  education programs and the continuation of existing programs

  7  before facility construction or renovation related to career

  8  or adult education may be included in the educational plant

  9  survey of a school district or community college that delivers

10  career or adult education programs. Information used by the

11  Division of Workforce Development to establish facility needs

12  must include, but need not be limited to, labor market data,

13  needs analysis, and information submitted by the school

14  district or community college.

15         (a)  Survey preparation and required data.--Each survey

16  shall be conducted by the board or an agency employed by the

17  board. Surveys shall be reviewed and approved by the board,

18  and a file copy shall be submitted to the Office of

19  Educational Facilities of the Commissioner of Education.  The

20  survey report shall include at least an inventory of existing

21  educational and ancillary plants; recommendations for existing

22  educational and ancillary plants; recommendations for new

23  educational or ancillary plants, including the general

24  location of each in coordination with the land use plan;

25  campus master plan update and detail for community colleges;

26  the utilization of school plants based on an extended school

27  day or year-round operation; and such other information as may

28  be required by the rules of the State Board of Education. This

29  report may be amended, if conditions warrant, at the request

30  of the board or commissioner.

31

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  1         (b)  Required need assessment criteria for district,

  2  community college, and state university plant surveys.--Each

  3  Educational plant surveys survey completed after December 31,

  4  1997, must use uniform data sources and criteria specified in

  5  this paragraph.  Each educational plant survey completed after

  6  June 30, 1995, and before January 1, 1998, must be revised, if

  7  necessary, to comply with this paragraph. Each revised

  8  educational plant survey and each new educational plant survey

  9  supersedes previous surveys.

10         1.  The school district's survey shall be submitted as

11  a part of the district's educational facilities plan under s.

12  235.185. Each school district's educational plant survey must

13  reflect the capacity of existing satisfactory facilities as

14  reported in the Florida Inventory of School Houses.

15  Projections of facility space needs may not exceed the norm

16  space and occupant design criteria established by the State

17  Requirements for Educational Facilities. Existing and

18  projected capital outlay full-time equivalent student

19  enrollment must be consistent with data prepared by the

20  department and must include all enrollment used in the

21  calculation of the distribution formula in s. 235.435(3). All

22  satisfactory relocatable classrooms, including those owned,

23  lease-purchased, or leased by the school district, shall be

24  included in the school district inventory of gross capacity of

25  facilities and must be counted at actual student capacity for

26  purposes of the inventory. For future needs determination,

27  student capacity shall not be assigned to any relocatable

28  classroom that is scheduled for elimination or replacement

29  with a permanent educational facility in the adopted 5-year

30  educational plant survey and in the district facilities work

31  program adopted under s. 235.185. Those relocatables clearly

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  1  identified and scheduled for replacement in a school board

  2  adopted financially feasible 5-year district facilities work

  3  program shall be counted at zero capacity at the time the work

  4  program is adopted and approved by the school board. However,

  5  if the district facilities work program is changed or altered

  6  and the relocatables are not replaced as scheduled in the work

  7  program, they must then be reentered into the system for

  8  counting at actual capacity. Relocatables may not be

  9  perpetually added to the work program and continually extended

10  for purposes of circumventing the intent of this section. All

11  remaining relocatable classrooms, including those owned,

12  lease-purchased, or leased by the school district, shall be

13  counted at actual student capacity. The educational plant

14  survey shall identify the number of relocatable student

15  stations scheduled for replacement during the 5-year survey

16  period and the total dollar amount needed for that

17  replacement. All district educational plant surveys revised

18  after July 1, 1998, shall include information on leased space

19  used for conducting the district's instructional program, in

20  accordance with the recommendations of the department's report

21  authorized in s. 235.056. A definition of satisfactory

22  relocatable classrooms shall be established by rule of the

23  department.

24         2.  Each survey of a special facility, joint-use

25  facility, or cooperative vocational education facility must be

26  based on capital outlay full-time equivalent student

27  enrollment data prepared by the department for school

28  districts, by the Division of Community Colleges for community

29  colleges, and by the Board of Regents for state universities.

30  A survey of space needs of a joint-use facility shall be based

31  upon the respective space needs of the school districts,

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  1  community colleges, and universities, as appropriate.

  2  Projections of a school district's facility space needs may

  3  not exceed the norm space and occupant design criteria

  4  established by the State Requirements for Educational

  5  Facilities.

  6         3.  Each community college's survey must reflect the

  7  capacity of existing facilities as specified in the inventory

  8  maintained by the Division of Community Colleges.  Projections

  9  of facility space needs must comply with standards for

10  determining space needs as specified by rule of the State

11  Board of Education.  The 5-year projection of capital outlay

12  student enrollment must be consistent with the annual report

13  of capital outlay full-time student enrollment prepared by the

14  Division of Community Colleges.

15         4.  Each state university's survey must reflect the

16  capacity of existing facilities as specified in the inventory

17  maintained and validated by the Board of Regents.  Projections

18  of facility space needs must be consistent with standards for

19  determining space needs approved by the Board of Regents. The

20  projected capital outlay full-time equivalent student

21  enrollment must be consistent with the 5-year planned

22  enrollment cycle for the State University System approved by

23  the Board of Regents.

24         5.  The district educational facilities plan plant

25  survey of a school district and the educational plant survey

26  of a, community college, or state university may include space

27  needs that deviate from approved standards for determining

28  space needs if the deviation is justified by the district or

29  institution and approved by the department or the Board of

30  Regents, as appropriate, as necessary for the delivery of an

31  approved educational program.

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  1         (c)  Review and validation.--The Office of Educational

  2  Facilities of the Commissioner of Education department shall

  3  review and validate the surveys of school districts and

  4  community colleges and any amendments thereto for compliance

  5  with the requirements of this chapter and, when required by

  6  the State Constitution, shall recommend those in compliance

  7  for approval by the State Board of Education.

  8         (2)  Only the superintendent or the college president

  9  shall certify to the Office of Educational Facilities of the

10  Commissioner of Education department a project's compliance

11  with the requirements for expenditure of PECO funds prior to

12  release of funds.

13         (a)  Upon request for release of PECO funds for

14  planning purposes, certification must be made to the Office of

15  Educational Facilities of the Commissioner of Education

16  department that the need and location of the facility are in

17  compliance with the board-approved survey recommendations, and

18  that the project meets the definition of a PECO project and

19  the limiting criteria for expenditures of PECO funding, and

20  that the plan is consistent with the local government

21  comprehensive plan.

22         (b)  Upon request for release of construction funds,

23  certification must be made to the Office of Educational

24  Facilities of the Commissioner of Education department that

25  the need and location of the facility are in compliance with

26  the board-approved survey recommendations, that the project

27  meets the definition of a PECO project and the limiting

28  criteria for expenditures of PECO funding, and that the

29  construction documents meet the requirements of the State

30  Uniform Building Code for Educational Facilities Construction

31  or other applicable codes as authorized in this chapter, and

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  1  that the site is consistent with the local government

  2  comprehensive plan.

  3         Section 13.  Subsection (3) of section 235.175, Florida

  4  Statutes, is amended to read:

  5         235.175  SMART schools; Classrooms First; legislative

  6  purpose.--

  7         (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK

  8  PROGRAMS.--It is the purpose of the Legislature to create s.

  9  235.185, requiring each school district annually to adopt an

10  educational a district facilities plan that provides an

11  integrated long-range facilities plan, including the survey of

12  projected needs and the 5-year work program. The purpose of

13  the educational district facilities plan work program is to

14  keep the school board, local governments, and the public fully

15  informed as to whether the district is using sound policies

16  and practices that meet the essential needs of students and

17  that warrant public confidence in district operations. The

18  educational district facilities plan work program will be

19  monitored by the SMART Schools Clearinghouse, which will also

20  apply performance standards pursuant to s. 235.218.

21         Section 14.  Section 235.18, Florida Statutes, is

22  amended to read:

23         235.18  Annual capital outlay budget.--Each board,

24  including the Board of Regents, shall, each year, adopt a

25  capital outlay budget for the ensuing year in order that the

26  capital outlay needs of the board for the entire year may be

27  well understood by the public.  This capital outlay budget

28  shall be a part of the annual budget and shall be based upon

29  and in harmony with the educational plant and ancillary

30  facilities plan. This budget shall designate the proposed

31  capital outlay expenditures by project for the year from all

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  1  fund sources. The board may not expend any funds on any

  2  project not included in the budget, as amended. Each district

  3  school board must prepare its tentative district educational

  4  facilities plan work program as required by s. 235.185 before

  5  adopting the capital outlay budget.

  6         Section 15.  Section 235.185, Florida Statutes, is

  7  amended to read:

  8         235.185  School district educational facilities plan

  9  work program; definitions; preparation, adoption, and

10  amendment; long-term work programs.--

11         (1)  DEFINITIONS.--As used in this section, the term:

12         (a)  "Adopted educational district facilities plan work

13  program" means the comprehensive planning document 5-year work

14  program adopted annually by the district school board as

15  provided in subsection (4) which contains the educational

16  plant survey (3).

17         (b)  "Tentative District facilities work program" means

18  the 5-year listing of capital outlay projects adopted by the

19  district school board as provided in paragraph (2)(b) as part

20  of the district educational facilities plan which are

21  required:

22         1.  To properly repair and maintain the educational

23  plant and ancillary facilities of the district.

24         2.  To provide an adequate number of satisfactory

25  student stations for the projected student enrollment of the

26  district in K-12 programs in accordance with the goal in s.

27  235.062.

28         (c)  "Tentative educational facilities plan" means the

29  comprehensive planning document prepared annually by the

30  district school board and submitted to the Office of

31

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  1  Educational Facilities of the Commissioner of Education and

  2  the affected general purpose local governments.

  3         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

  4  FACILITIES PLAN; WORK PROGRAM.--

  5         (a)  Annually, prior to the adoption of the district

  6  school budget, each school board shall prepare a tentative

  7  district educational facilities plan work program that

  8  includes long-range planning for facilities needs over 5-year,

  9  10-year, and 20-year periods. The plan shall be developed in

10  coordination with the general purpose local governments and be

11  consistent with the local government comprehensive plans. The

12  plan shall:

13         1.  Consider projected student populations apportioned

14  geographically at the local level. The projections shall be

15  based on information produced by the demographic, revenue, and

16  education estimating conferences pursuant to s. 216.136, where

17  available, as modified by the school district based on

18  development data and agreement with the local governments and

19  the Office of Educational Facilities of the Commissioner of

20  Education. The projections shall be apportioned geographically

21  with assistance from the local governments, using local

22  development trend data and the school district student

23  enrollment data.

24         2.  Provide an inventory of existing school facilities.

25  Any anticipated expansions or closures of existing school

26  sites over the 5-year, 10-year, and 20-year periods shall be

27  identified. The inventory shall include an assessment of areas

28  proximate to existing schools and identification of the need

29  for improvements to infrastructure, safety, and conditions in

30  the community. The plan shall also provide a listing of major

31

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  1  repairs and renovation projects anticipated over the period of

  2  the plan.

  3         3.  Include projections of facilities space needs,

  4  which may not exceed the norm space and occupant design

  5  criteria established in the State Requirements for Educational

  6  Facilities.

  7         4.  Include information on leased, loaned, and donated

  8  space and relocatables used for conducting the district's

  9  instructional programs.

10         5.  Describe the general location of public schools

11  proposed to be constructed over the 5-year, 10-year, and

12  20-year time periods, including a listing of the proposed

13  schools' site acreage needs and anticipated capacity and maps

14  showing general locations. The school board's identification

15  of general locations of future school sites shall be based on

16  the school siting requirements of s. 163.3177(6)(a) and

17  policies in the comprehensive plan which provide guidance for

18  appropriate locations for school sites.

19         6.  Include the identification of options deemed

20  reasonable and approved by the school board that reduce the

21  need for additional permanent student stations.  Such options

22  may include, but need not be limited to:

23         a.  Acceptable capacity.

24         b.  Redistricting.

25         c.  Busing.

26         d.  Year-round schools.

27         e.  Charter schools.

28         7.  Include the criteria and method jointly determined

29  by the local government and the school board for determining

30  the impact to public school capacity in response to a local

31  government request for a report pursuant to s. 235.193(4).

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  1         (b)  The educational facilities plan shall also include

  2  a financially feasible district facilities work program for a

  3  5-year period. The work program shall include:

  4         1.  A schedule of major repair and renovation projects

  5  necessary to maintain the educational facilities plant and

  6  ancillary facilities of the district.

  7         2.  A schedule of capital outlay projects necessary to

  8  ensure the availability of satisfactory student stations for

  9  the projected student enrollment in K-12 programs. This

10  schedule shall consider:

11         a.  The locations, capacities, and planned utilization

12  rates of current educational facilities of the district. The

13  capacity of existing satisfactory facilities, as reported in

14  the Florida Inventory of School Houses, shall be compared to

15  the capital outlay full-time equivalent student enrollment as

16  determined by the department, including all enrollment used in

17  the calculation of the distribution formula under s.

18  235.435(3).

19         b.  The proposed locations of planned facilities,

20  whether those locations are consistent with the comprehensive

21  plans of all affected local governments, and recommendations

22  for infrastructure and other improvements to land adjacent to

23  existing facilities.  The provisions of ss. 235.19 and

24  235.193(6), (7), and (8) shall be addressed for new facilities

25  planned within the first 3 years of the work plan, as

26  appropriate.

27         c.  Plans for the use and location of relocatable

28  facilities, leased facilities, and charter school facilities.

29         d.  Plans for multitrack scheduling, grade level

30  organization, block scheduling, or other alternatives that

31  reduce the need for additional permanent student stations.

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  1         e.  Information concerning average class size and

  2  utilization rate by grade level within the district that will

  3  result if the tentative district facilities work program is

  4  fully implemented. The average shall not include exceptional

  5  student education classes or prekindergarten classes.

  6         f.  The number and percentage of district students

  7  planned to be educated in relocatable facilities during each

  8  year of the tentative district facilities work program. For

  9  future needs determination, student capacity shall not be

10  assigned to any relocatable classroom that is scheduled for

11  elimination or replacement with a permanent educational

12  facility in the current year of the adopted district

13  educational facilities plan and in the district facilities

14  work program adopted under this section. Those relocatables

15  clearly identified and scheduled for replacement in a school

16  board adopted, financially feasible, 5-year district

17  facilities work program shall be counted at zero capacity at

18  the time the work program is adopted and approved by the

19  school board. However, if the district facilities work program

20  is changed or altered and the relocatables are not replaced as

21  scheduled in the work program, they must then be reentered

22  into the system for counting at actual capacity. Relocatables

23  may not be perpetually added to the work program and

24  continually extended for purposes of circumventing the intent

25  of this section. All relocatable classrooms not identified and

26  scheduled for replacement, including those owned,

27  lease-purchased, or leased by the school district, shall be

28  counted at actual student capacity. The district educational

29  facilities plan shall identify the number of relocatable

30  student stations scheduled for replacement during the 5-year

31

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  1  survey period and the total dollar amount needed for that

  2  replacement.

  3         g.  Plans for the closure of any school, including

  4  plans for disposition of the facility or usage of facility

  5  space, and anticipated revenues.

  6         h.  Projects for which capital outlay and debt service

  7  funds accruing under s. 9(d), Art. XII of the State

  8  Constitution are to be used shall be identified separately in

  9  priority order as a project priority list within the district

10  facilities work program.

11         3.  The projected cost for each project identified in

12  the tentative district facilities work program. For proposed

13  projects for new student stations, a schedule shall be

14  prepared comparing the planned cost and square footage for

15  each new student station, by elementary, middle, and high

16  school levels, to the low, average, and high cost of

17  facilities constructed throughout the state during the most

18  recent fiscal year for which data is available from the

19  Department of Education.

20         4.  A schedule of estimated capital outlay revenues

21  from each currently approved source which is estimated to be

22  available for expenditure on the projects included in the

23  tentative district facilities work program.

24         5.  A schedule indicating which projects included in

25  the tentative district facilities work program will be funded

26  from current revenues projected in subparagraph 4.

27         6.  A schedule of options for the generation of

28  additional revenues by the district for expenditure on

29  projects identified in the tentative district facilities work

30  program which are not funded under subparagraph 5. Additional

31

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  1  anticipated revenues may include effort index grants, SIT

  2  Program awards, and Classrooms First funds.

  3         (c)(b)  To the extent available, the tentative district

  4  educational facilities plan work program shall be based on

  5  information produced by the demographic, revenue, and

  6  education estimating conferences pursuant to s. 216.136.

  7         (d)(c)  Provision shall be made for public comment

  8  concerning the tentative district educational facilities plan

  9  work program.

10         (e)  The district school board shall coordinate with

11  each affected local government to ensure consistency between

12  the tentative district educational facilities plan and the

13  local government comprehensive plans of the affected local

14  governments during the development of the tentative district

15  educational facilities plan.

16         (3)  SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL

17  FACILITIES PLAN TO THE LOCAL GOVERNMENT.--The district school

18  board shall submit a copy of its tentative district

19  educational facilities plan to all affected local governments

20  prior to adoption by the board. The affected local governments

21  shall review the tentative district educational facilities

22  plan and comment to the district school board on the

23  consistency of the plan with the local comprehensive plan,

24  whether a comprehensive plan amendment will be necessary for

25  any proposed educational facility, and whether the local

26  government supports a necessary comprehensive plan amendment.

27  If the local government does not support a comprehensive plan

28  amendment for a proposed educational facility, the matter

29  shall be resolved pursuant to the interlocal agreement

30  required by ss. 163.31776(4) and 235.193(2).  The process for

31  the submittal and review shall be detailed in the interlocal

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  1  agreement required pursuant to ss. 163.31776(4) and

  2  235.193(2).

  3         (4)(3)  ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN

  4  WORK PROGRAM.--Annually, the district school board shall

  5  consider and adopt the tentative district educational

  6  facilities plan work program completed pursuant to subsection

  7  (2). Upon giving proper public notice to the public and local

  8  governments and opportunity for public comment, the district

  9  school board may amend the plan program to revise the priority

10  of projects, to add or delete projects, to reflect the impact

11  of change orders, or to reflect the approval of new revenue

12  sources which may become available. The adopted district

13  educational facilities plan work program shall:

14         (a)  Be a complete, balanced, and financially feasible

15  capital outlay financial plan for the district.

16         (b)  Set forth the proposed commitments and planned

17  expenditures of the district to address the educational

18  facilities needs of its students and to adequately provide for

19  the maintenance of the educational plant and ancillary

20  facilities.

21         (5)(4)  EXECUTION OF ADOPTED DISTRICT EDUCATIONAL

22  FACILITIES PLAN WORK PROGRAM.--The first year of the adopted

23  district educational facilities plan work program shall

24  constitute the capital outlay budget required in s. 235.18.

25  The adopted district facilities work program shall include the

26  information required in paragraph (2)(b) subparagraphs

27  (2)(a)1., 2., and 3., based upon projects actually funded in

28  the program.

29         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

30  the adopted district facilities work program covering the

31  5-year work program, the district school board shall adopt

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

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

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

  4  20-year periods. It is recognized that the projections in the

  5  10-year and 20-year timeframes are tentative and should be

  6  used only for general planning purposes.

  7         Section 16.  Section 235.188, Florida Statutes, is

  8  amended to read:

  9         235.188  Full bonding required to participate in

10  programs.--Any district with unused bonding capacity in its

11  Capital Outlay and Debt Service Trust Fund allocation that

12  certifies in its district educational facilities plan work

13  program that it will not be able to meet all of its need for

14  new student stations within existing revenues must fully bond

15  its Capital Outlay and Debt Service Trust Fund allocation

16  before it may participate in Classrooms First, the School

17  Infrastructure Thrift (SIT) Program, or the Effort Index

18  Grants Program.

19         Section 17.  Section 235.19, Florida Statutes, is

20  amended to read:

21         235.19  Site planning and selection.--

22         (1)  If the school board and local government have

23  entered into an interlocal agreement pursuant to ss.

24  163.31776(4) and 235.193(2) and have developed a process to

25  ensure consistency between the local government comprehensive

26  plan and the school district educational facilities plan and a

27  method to coordinate decisionmaking and approval activities

28  relating to school planning and site selection, the provisions

29  of this section are superseded by the interlocal agreement and

30  the plans of the local government and the school board.

31

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  1         (2)(1)  Before acquiring property for sites, each board

  2  shall determine the location of proposed educational centers

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

  4  board shall consider existing and anticipated site needs and

  5  the most economical and practicable locations of sites.  The

  6  board shall coordinate with the long-range or comprehensive

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

  8  assure the consistency compatibility of such plans with site

  9  planning. Boards are encouraged to locate schools proximate to

10  urban residential areas to the extent possible, and shall seek

11  to collocate schools with other public facilities, such as

12  parks, libraries, and community centers, to the extent

13  possible, and to encourage using elementary schools as focal

14  points for neighborhoods.

15         (3)(2)  Each new site selected must be adequate in size

16  to meet the educational needs of the students to be served on

17  that site by the original educational facility or future

18  expansions of the facility through renovation or the addition

19  of relocatables. The Commissioner of Education shall prescribe

20  by rule recommended sizes for new sites according to

21  categories of students to be housed and other appropriate

22  factors determined by the commissioner. Less-than-recommended

23  site sizes are allowed if the board, by a two-thirds majority,

24  recommends such a site and finds that it can provide an

25  appropriate and equitable educational program on the site.

26         (4)(3)  Sites recommended for purchase, or purchased,

27  in accordance with chapter 230 or chapter 240 must meet

28  standards prescribed therein and such supplementary standards

29  as the school board commissioner prescribes to promote the

30  educational interests of the students.  Each site must be well

31  drained and either suitable for outdoor educational purposes

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  1  as appropriate for the educational program or collocated with

  2  facilities to serve this purpose. As provided in s. 333.03,

  3  the site must not be located within any path of flight

  4  approach of any airport. Insofar as is practicable, the site

  5  must not adjoin a right-of-way of any railroad or through

  6  highway and must not be adjacent to any factory or other

  7  property from which noise, odors, or other disturbances, or at

  8  which conditions, would be likely to interfere with the

  9  educational program.

10         (5)(4)  It shall be the responsibility of the board to

11  provide adequate notice to appropriate municipal, county,

12  regional, and state governmental agencies for requested

13  traffic control and safety devices so they can be installed

14  and operating prior to the first day of classes or to satisfy

15  itself that every reasonable effort has been made in

16  sufficient time to secure the installation and operation of

17  such necessary devices prior to the first day of classes.  It

18  shall also be the responsibility of the board to review

19  annually traffic control and safety device needs and to

20  request all necessary changes indicated by such review.

21         (6)(5)  Each board may request county and municipal

22  governments to construct and maintain sidewalks and bicycle

23  trails within a 2-mile radius of each educational facility

24  within the jurisdiction of the local government. When a board

25  discovers or is aware of an existing hazard on or near a

26  public sidewalk, street, or highway within a 2-mile radius of

27  a school site and the hazard endangers the life or threatens

28  the health or safety of students who walk, ride bicycles, or

29  are transported regularly between their homes and the school

30  in which they are enrolled, the board shall, within 24 hours

31  after discovering or becoming aware of the hazard, excluding

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  1  Saturdays, Sundays, and legal holidays, report such hazard to

  2  the governmental entity within the jurisdiction of which the

  3  hazard is located. Within 5 days after receiving notification

  4  by the board, excluding Saturdays, Sundays, and legal

  5  holidays, the governmental entity shall investigate the

  6  hazardous condition and either correct it or provide such

  7  precautions as are practicable to safeguard students until the

  8  hazard can be permanently corrected. However, if the

  9  governmental entity that has jurisdiction determines upon

10  investigation that it is impracticable to correct the hazard,

11  or if the entity determines that the reported condition does

12  not endanger the life or threaten the health or safety of

13  students, the entity shall, within 5 days after notification

14  by the board, excluding Saturdays, Sundays, and legal

15  holidays, inform the board in writing of its reasons for not

16  correcting the condition. The governmental entity, to the

17  extent allowed by law, shall indemnify the board from any

18  liability with respect to accidents or injuries, if any,

19  arising out of the hazardous condition.

20         Section 18.  Section 235.193, Florida Statutes, is

21  amended to read:

22         235.193  Coordination of planning with local governing

23  bodies.--

24         (1)  It is the policy of this state to require the

25  coordination of planning between boards and local governing

26  bodies to ensure that plans for the construction and opening

27  of public educational facilities are facilitated and

28  coordinated in time and place with plans for residential

29  development, concurrently with other necessary services. Such

30  planning shall include the integration of the educational

31  facilities plan plant survey and applicable policies and

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  1  procedures of a board with the local comprehensive plan and

  2  land development regulations of local governments governing

  3  bodies.  The planning must include the consideration of

  4  allowing students to attend the school located nearest their

  5  homes when a new housing development is constructed near a

  6  county boundary and it is more feasible to transport the

  7  students a short distance to an existing facility in an

  8  adjacent county than to construct a new facility or transport

  9  students longer distances in their county of residence. The

10  planning must also consider the effects of the location of

11  public education facilities, including the feasibility of

12  keeping central city facilities viable, in order to encourage

13  central city redevelopment and the efficient use of

14  infrastructure and to discourage uncontrolled urban sprawl.

15         (2)  No later than 6 months prior to the deadline

16  established by the state land planning agency pursuant to s.

17  163.31776(3) for the transmittal of a public educational

18  facilities element by general purpose local governments, the

19  school district, the county, and the participating

20  municipalities shall enter into an interlocal agreement which

21  establishes a process to develop coordinated and consistent

22  local government public educational facilities elements and

23  district educational facilities plans, including a process:

24         (a)  By which each local government and the school

25  district agree and base their plans on consistent projections

26  of the amount, type, and distribution of population growth and

27  student enrollment.

28         (b)  To coordinate and share information relating to

29  existing and planned public school facilities and local

30  government plans for development and redevelopment.

31

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  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 formal comments during

  9  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  residential development applications for comprehensive plan

15  amendments and rezonings which increase residential density

16  and which are reasonably expected to have an impact on public

17  school facility demand pursuant to s. 163.31777.  The

18  interlocal agreement shall express how the school board and

19  local governments will develop the methodology and the

20  criteria for determining if school facility capacity will not

21  be reasonably available at the time of projected school

22  impacts, including uniform, districtwide level-of-service

23  standards for all public schools of the same type and

24  availability standards for public schools.  The interlocal

25  agreement shall ensure that consistent criteria and capacity

26  determination methodologies 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 shall also set forth the process and

30  uniform methodology for determining proportionate share

31  mitigation pursuant to s. 163.31777.

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  1         (f)  For the resolution of disputes between the school

  2  district and local governments.

  3

  4  Any school board that has entered into an interlocal agreement

  5  for the purpose of adopting public school concurrency prior to

  6  the effective date of this act is not required to amend the

  7  interlocal agreement to conform to this subsection if the

  8  comprehensive plan amendment adopting public school

  9  concurrency is ultimately determined to be in compliance.

10         (3)  Failure to enter into an interlocal agreement

11  shall result in the withholding of funds for school

12  construction available pursuant to ss. 235.187, 235.216,

13  235.2195, and 235.42, and the school district shall be

14  prohibited from siting schools.  Before the Office of

15  Educational Facilities of the Commissioner of Education

16  withholds any funds, the office shall provide the school board

17  with a notice of intent to withhold funds, which the school

18  board may dispute pursuant to chapter 120.  The office shall

19  withhold funds when a final order is issued finding that the

20  school board has failed to enter into an interlocal agreement

21  which meets the requirements of subsection (2).

22         (4)  The school board shall provide the local

23  government a school capacity report when the local government

24  notifies the school board that it is reviewing an application

25  for a comprehensive plan amendment or a rezoning which seeks

26  to increase residential density.  The report shall provide

27  data and analysis as required by s. 163.31777(2) for the local

28  government's review of such proposed plan amendment or

29  rezoning.

30         (5)(2)  A school board and the local governing body

31  must share and coordinate information related to existing and

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  1  planned public school facilities; proposals for development,

  2  redevelopment, or additional development; and infrastructure

  3  required to support the public school facilities, concurrent

  4  with proposed development. A school board shall use

  5  information produced by the demographic, revenue, and

  6  education estimating conferences pursuant to s. 216.136

  7  Department of Education enrollment projections when preparing

  8  the 5-year district educational facilities plan work program

  9  pursuant to s. 235.185 in, and a school board shall

10  affirmatively demonstrate in the educational facilities report

11  consideration of local governments' population projections to

12  ensure that the educational facilities plan 5-year work

13  program not only reflects enrollment projections but also

14  considers applicable municipal and county growth and

15  development projections. The school board may modify the

16  information produced by the estimating conferences, with the

17  approval of the local governments and the Office of

18  Educational Facilities of the Commissioner of Education. The

19  projections shall be apportioned geographically with

20  assistance from the local governments using local development

21  trend data and the school district student enrollment data. A

22  school board is precluded from siting a new school in a

23  jurisdiction where the school board has failed to provide the

24  annual educational facilities plan report for the prior year

25  required pursuant to s. 235.185 235.194 unless the failure is

26  corrected.

27         (6)(3)  The location of public educational facilities

28  shall be consistent with the comprehensive plan of the

29  appropriate local governing body developed under part II of

30  chapter 163 and consistent with the plan's implementing land

31  development regulations, to the extent that the regulations

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  1  are not in conflict with or the subject regulated is not

  2  specifically addressed by this chapter or the State Uniform

  3  Building Code, unless mutually agreed by the local government

  4  and the board.

  5         (7)(4)  To improve coordination relative to potential

  6  educational facility sites, a board shall provide written

  7  notice to the local government that has regulatory authority

  8  over the use of the land at least 120 60 days prior to

  9  acquiring or leasing property that may be used for a new

10  public educational facility.  The local government, upon

11  receipt of this notice, shall notify the board within 45 days

12  if the site proposed for acquisition or lease is consistent

13  with the land use categories and policies of the local

14  government's comprehensive plan.  This preliminary notice does

15  not constitute the local government's determination of

16  consistency pursuant to subsection (8) (5).

17         (8)(5)  As early in the design phase as feasible, but

18  at least before commencing construction of a new public

19  educational facility, the local governing body that regulates

20  the use of land shall determine, in writing within 90 days

21  after receiving the necessary information and a school board's

22  request for a determination, whether a proposed public

23  educational facility is consistent with the local

24  comprehensive plan and consistent with local land development

25  regulations, to the extent that the regulations are not in

26  conflict with or the subject regulated is not specifically

27  addressed by this chapter or the State Uniform Building Code,

28  unless mutually agreed. If the determination is affirmative,

29  school construction may proceed and further local government

30  approvals are not required, except as provided in this

31  section. Failure of the local governing body to make a

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  1  determination in writing within 90 days after a school board's

  2  request for a determination of consistency shall be considered

  3  an approval of the school board's application.

  4         (9)(6)  A local governing body may not deny the site

  5  applicant based on adequacy of the site plan as it relates

  6  solely to the needs of the school. If the site is consistent

  7  with the comprehensive plan plan's future land use policies

  8  and categories in which public schools are identified as

  9  allowable uses, the local government may not deny the

10  application but it may impose reasonable development standards

11  and conditions in accordance with s. 235.34(1) and consider

12  the site plan and its adequacy as it relates to environmental

13  concerns, health, safety and welfare, and effects on adjacent

14  property.  Standards and conditions may not be imposed which

15  conflict with those established in this chapter or the State

16  Uniform Building Code, unless mutually agreed.

17         (10)(7)  This section does not prohibit a local

18  governing body and district school board from agreeing and

19  establishing an alternative process for reviewing a proposed

20  educational facility and site plan, and offsite impacts

21  pursuant to an interlocal agreement adopted in accordance with

22  s. 235.193.

23         (11)(8)  Existing schools shall be considered

24  consistent with the applicable local government comprehensive

25  plan adopted under part II of chapter 163. The collocation of

26  a new proposed public educational facility with an existing

27  public educational facility, or the expansion of an existing

28  public educational facility is not inconsistent with the local

29  comprehensive plan, if the site is consistent with the

30  comprehensive plan's future land use policies and categories

31  in which public schools are identified as allowable uses, and

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  1  levels of service adopted by the local government for any

  2  facilities affected by the proposed location for the new

  3  facility are maintained. If a board submits an application to

  4  expand an existing school site, the local governing body may

  5  impose reasonable development standards and conditions on the

  6  expansion only, and in a manner consistent with s. 235.34(1).

  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. Local government review

10  or approval is not required for:

11         (a)  The placement of temporary or portable classroom

12  facilities; or

13         (b)  Proposed renovation or construction on existing

14  school sites, with the exception of construction that changes

15  the primary use of a facility, includes stadiums, or results

16  in a greater than 5 percent increase in student capacity, or

17  as mutually agreed.

18         Section 19.  Section 235.194, Florida Statutes, is

19  repealed.

20         Section 20.  Section 235.218, Florida Statutes, is

21  amended to read:

22         235.218  School district educational facilities plan

23  work program performance and productivity standards;

24  development; measurement; application.--

25         (1)  The SMART Schools Clearinghouse shall develop and

26  adopt measures for evaluating the performance and productivity

27  of school district educational facilities plans work programs.

28  The measures may be both quantitative and qualitative and

29  must, to the maximum extent practical, assess those factors

30  that are within the districts' control.  The measures must, at

31  a minimum, assess performance in the following areas:

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  1         (a)  Frugal production of high-quality projects.

  2         (b)  Efficient finance and administration.

  3         (c)  Optimal school and classroom size and utilization

  4  rate.

  5         (d)  Safety.

  6         (e)  Core facility space needs and cost-effective

  7  capacity improvements that consider demographic projections.

  8         (f)  Level of district local effort.

  9         (2)  The clearinghouse shall establish annual

10  performance objectives and standards that can be used to

11  evaluate district performance and productivity.

12         (3)  The clearinghouse shall conduct ongoing

13  evaluations of district educational facilities plan program

14  performance and productivity, using the measures adopted under

15  this section. If, using these measures, the clearinghouse

16  finds that a district failed to perform satisfactorily, the

17  clearinghouse must recommend to the district school board

18  actions to be taken to improve the district's performance.

19         Section 21.  Section 235.321, Florida Statutes, is

20  amended to read:

21         235.321  Changes in construction requirements after

22  award of contract.--The board may, at its option and by

23  written policy duly adopted and entered in its official

24  minutes, authorize the superintendent or president or other

25  designated individual to approve change orders in the name of

26  the board for preestablished amounts.  Approvals shall be for

27  the purpose of expediting the work in progress and shall be

28  reported to the board and entered in its official minutes. For

29  accountability, the school district shall monitor and report

30  the impact of change orders on its district educational

31  facilities plan work program pursuant to s. 235.185.

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  1         Section 22.  Paragraph (d) of subsection (5) of section

  2  236.25, Florida Statutes, is amended to read:

  3         236.25  District school tax.--

  4         (5)

  5         (d)  Notwithstanding any other provision of this

  6  subsection, if through its adopted educational facilities plan

  7  work program a district has clearly identified the need for an

  8  ancillary plant, has provided opportunity for public input as

  9  to the relative value of the ancillary plant versus an

10  educational plant, and has obtained public approval, the

11  district may use revenue generated by the millage levy

12  authorized by subsection (2) for the construction, renovation,

13  remodeling, maintenance, or repair of an ancillary plant.

14

15  A district that violates these expenditure restrictions shall

16  have an equal dollar reduction in funds appropriated to the

17  district under s. 236.081 in the fiscal year following the

18  audit citation.  The expenditure restrictions do not apply to

19  any school district that certifies to the Commissioner of

20  Education that all of the district's instructional space needs

21  for the next 5 years can be met from capital outlay sources

22  that the district reasonably expects to receive during the

23  next 5 years or from alternative scheduling or construction,

24  leasing, rezoning, or technological methodologies that exhibit

25  sound management.

26         Section 23.  This act shall take effect upon becoming a

27  law.

28

29

30

31

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CODING: Words stricken are deletions; words underlined are additions.