Senate Bill sb0310c2
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Florida Senate - 2001 CS for CS for SB's 310 & 380
By the Committees on Finance and Taxation; Comprehensive
Planning, Local and Military Affairs; and Senators Constantine
and Carlton
314-1911-01
1 A bill to be entitled
2 An act relating to growth management; amending
3 s. 163.3174, F.S.; requiring that the
4 membership of all local planning agencies or
5 equivalent agencies that review comprehensive
6 plan amendments and rezonings include a
7 nonvoting representative of the district school
8 board; amending s. 163.3177, F.S.; revising
9 elements of comprehensive plans; requiring
10 intergovernmental coordination between local
11 governments and district school boards;
12 creating s. 163.31776, F.S.; providing
13 legislative intent and findings with respect to
14 a public educational facilities element;
15 providing a schedule for adoption; providing
16 for certain municipalities to be exempt;
17 requiring certain interlocal agreements;
18 requiring that the public educational
19 facilities element include certain provisions;
20 providing requirements for future land-use
21 maps; providing a process for adopting the
22 element; prohibiting a local government that
23 fails to adopt the required element from
24 amending its local comprehensive plan; creating
25 s. 163.31777, F.S.; requiring school boards to
26 report to the local government on school
27 capacity; requiring a local government to deny
28 a plan amendment or a request for rezoning if
29 school capacity is unavailable; authorizing
30 certain mitigation agreements; providing
31 prerequisites to this section's taking effect;
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1 amending s. 163.3180, F.S.; revising provisions
2 relating to concurrency; amending s. 163.3184,
3 F.S.; revising definitions; revising provisions
4 governing the process for adopting
5 comprehensive plans and plan amendments;
6 amending s. 163.3187, F.S.; authorizing the
7 adoption of a public educational facilities
8 element notwithstanding certain limitations;
9 amending s. 163.3191, F.S., relating to
10 evaluation and appraisal of comprehensive
11 plans; conforming provisions to changes made by
12 the act; creating s. 163.3198, F.S.; requiring
13 the state land planning agency to develop a
14 uniform fiscal-impact-analysis model for
15 evaluating the cost of infrastructure to
16 support development; providing for appointment
17 of a technical advisory committee to advise the
18 agency; requiring a report to the Governor and
19 the Legislature; providing an appropriation;
20 amending s. 186.504, F.S.; adding an elected
21 school board member to the membership of each
22 regional planning council; amending s. 212.055,
23 F.S.; providing for the levy of the local
24 government infrastructure surtax and school
25 capital outlay surtax by a supermajority vote;
26 authorizing certain municipalities to impose an
27 infrastructure surtax; providing for
28 referendum; amending s. 218.25, F.S.;
29 prescribing limitations on the use of specified
30 funds; amending s. 235.002, F.S.; revising
31 legislative intent with respect to building
2
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1 educational facilities; amending s. 235.15,
2 F.S.; revising requirements for educational
3 plant surveys; revising requirements for review
4 and validation of such surveys; amending s.
5 235.175, F.S.; requiring school districts to
6 adopt education facilities plans; amending s.
7 235.18, F.S., relating to capital outlay
8 budgets of school boards; conforming provisions
9 to changes made by the act; amending s.
10 235.185, F.S.; requiring school district
11 educational facilities plans; providing
12 definitions; specifying projections and other
13 information to be included in the plan;
14 providing requirements for the work program;
15 requiring district school boards to submit a
16 tentative plan to the local government;
17 providing for adopting and executing the plan;
18 amending s. 235.188, F.S.; providing bonding
19 requirements; amending s. 235.19, F.S.;
20 exempting certain school boards and local
21 governments from requirements for site
22 planning; revising requirements for school
23 boards; amending s. 235.193, F.S.; requiring
24 interlocal agreements with respect to public
25 educational facilities elements and plans;
26 providing that failure to enter into such
27 agreements will result in the withholding of
28 certain funds for school construction;
29 providing requirements for preparing a district
30 education facilities work plan; repealing s.
31 235.194, F.S., relating to the general
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1 educational facilities report; amending s.
2 235.218, F.S.; requiring the SMART Schools
3 Clearinghouse to adopt measures for evaluating
4 the school district educational facilities
5 plans; amending s. 235.231, F.S.; providing for
6 the school board to authorize certain change
7 orders for its district education facilities
8 plan; amending s. 236.25, F.S., relating to the
9 district school tax; conforming provisions to
10 changes made by the act; creating s. 236.255,
11 F.S.; creating the School District Guaranty
12 Program; allowing district school boards to
13 request the financial backing of the state or
14 county in the issuance of certificates of
15 participation; providing that such financial
16 backing by the state or county is optional and
17 contingent on funds set aside for that purpose;
18 amending s. 380.06, F.S.; revising provisions
19 governing developments of regional impact;
20 providing for designation of a lead regional
21 planning council; amending s. 380.0651, F.S.;
22 revising standards for determining the
23 necessity for a development-of-regional-impact
24 review; requiring specified counties to adopt a
25 service-delivery interlocal agreement with all
26 municipalities and the school district and
27 prescribing requirements for such agreements;
28 providing an appropriation; providing a
29 legislative finding that the act is a matter of
30 great public importance; providing effective
31 dates.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (1) of section 163.3174, Florida
4 Statutes, is amended to read:
5 163.3174 Local planning agency.--
6 (1) The governing body of each local government,
7 individually or in combination as provided in s. 163.3171,
8 shall designate and by ordinance establish a "local planning
9 agency," unless the agency is otherwise established by law.
10 All local planning agencies or equivalent agencies that first
11 review rezoning and comprehensive plan amendments in each
12 municipality and county shall include a representative of the
13 school district appointed by the school board as a nonvoting
14 member of the local planning agency or equivalent agency to
15 attend those meetings at which the agency considers
16 comprehensive plan amendments and rezonings that would, if
17 approved, increase residential density on the property that is
18 the subject of the application, provided that nothing
19 contained in this subsection shall prevent a local agency from
20 granting voting status to the school board member. The
21 governing body may designate itself as the local planning
22 agency pursuant to this subsection with the addition of a
23 nonvoting school board representative. The governing body
24 shall notify the state land planning agency of the
25 establishment of its local planning agency. All local planning
26 agencies shall provide opportunities for involvement by
27 district school boards and applicable community college
28 boards, which may be accomplished by formal representation,
29 membership on technical advisory committees, or other
30 appropriate means. The local planning agency shall prepare the
31 comprehensive plan or plan amendment after hearings to be held
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1 after public notice and shall make recommendations to the
2 governing body regarding the adoption or amendment of the
3 plan. The agency may be a local planning commission, the
4 planning department of the local government, or other
5 instrumentality, including a countywide planning entity
6 established by special act or a council of local government
7 officials created pursuant to s. 163.02, provided the
8 composition of the council is fairly representative of all the
9 governing bodies in the county or planning area; however:
10 (a) If a joint planning entity is in existence on the
11 effective date of this act which authorizes the governing
12 bodies to adopt and enforce a land use plan effective
13 throughout the joint planning area, that entity shall be the
14 agency for those local governments until such time as the
15 authority of the joint planning entity is modified by law.
16 (b) In the case of chartered counties, the planning
17 responsibility between the county and the several
18 municipalities therein shall be as stipulated in the charter.
19 Section 2. Paragraph (a) of subsection (4), paragraphs
20 (a), (c), and (h) of subsection (6) of section 163.3177,
21 Florida Statutes, are amended to read:
22 163.3177 Required and optional elements of
23 comprehensive plan; studies and surveys.--
24 (4)(a) Coordination of the local comprehensive plan
25 with the comprehensive plans of adjacent municipalities, the
26 county, adjacent counties, or the region; with the appropriate
27 water management district's regional water supply plans
28 adopted pursuant to s. 373.0361, or successor plans required
29 by legislative directive; with adopted rules pertaining to
30 designated areas of critical state concern; and with the state
31 comprehensive plan shall be a major objective of the local
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1 comprehensive planning process. To that end, in the
2 preparation of a comprehensive plan or element thereof, and in
3 the comprehensive plan or element as adopted, the governing
4 body shall include a specific policy statement indicating the
5 relationship of the proposed development of the area to the
6 comprehensive plans of adjacent municipalities, the county,
7 adjacent counties, or the region and to the state
8 comprehensive plan, as the case may require and as such
9 adopted plans or plans in preparation may exist.
10 (6) In addition to the requirements of subsections
11 (1)-(5), the comprehensive plan shall include the following
12 elements:
13 (a) A future land use plan element designating
14 proposed future general distribution, location, and extent of
15 the uses of land for residential uses, commercial uses,
16 industry, agriculture, recreation, conservation, education,
17 public buildings and grounds, other public facilities, and
18 other categories of the public and private uses of land. The
19 future land use plan shall include standards to be followed in
20 the control and distribution of population densities and
21 building and structure intensities. The proposed
22 distribution, location, and extent of the various categories
23 of land use shall be shown on a land use map or map series
24 which shall be supplemented by goals, policies, and measurable
25 objectives. Each land use category shall be defined in terms
26 of the types of uses included and specific standards for the
27 density or intensity of use. The future land use plan shall
28 be based upon surveys, studies, and data regarding the area,
29 including the amount of land required to accommodate
30 anticipated growth; the projected population of the area; the
31 character of undeveloped land; the availability of ground
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1 water and surface water resources for present and future water
2 supplies and the potential for development of alternative
3 water supplies; the availability of public services; the need
4 for redevelopment, including the renewal of blighted areas and
5 the elimination of nonconforming uses which are inconsistent
6 with the character of the community; and, in rural
7 communities, the need for job creation, capital investment,
8 and economic development that will strengthen and diversify
9 the community's economy. The future land use plan may
10 designate areas for future planned development use involving
11 combinations of types of uses for which special regulations
12 may be necessary to ensure development in accord with the
13 principles and standards of the comprehensive plan and this
14 act. In addition, for rural communities, the amount of land
15 designated for future planned industrial use shall be based
16 upon surveys and studies that reflect the need for job
17 creation, capital investment, and the necessity to strengthen
18 and diversify the local economies, and shall not be limited
19 solely by the projected population of the rural community. The
20 future land use plan of a county may also designate areas for
21 possible future municipal incorporation. The land use maps or
22 map series shall generally identify and depict historic
23 district boundaries and shall designate historically
24 significant properties meriting protection. The future land
25 use element must clearly identify the land use categories in
26 which public schools are an allowable use. When delineating
27 the land use categories in which public schools are an
28 allowable use, a local government shall include in the
29 categories sufficient land proximate to residential
30 development to meet the projected needs for schools in
31 coordination with public school boards and may establish
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1 differing criteria for schools of different type or size.
2 Each local government shall include lands contiguous to
3 existing school sites, to the maximum extent possible, within
4 the land use categories in which public schools are an
5 allowable use. All comprehensive plans must comply with the
6 school siting requirements of this paragraph no later than
7 October 1, 1999. The failure by a local government to comply
8 with these school siting requirements by October 1, 1999, will
9 result in the prohibition of the local government's ability to
10 amend the local comprehensive plan, except for plan amendments
11 described in s. 163.3187(1)(b), until the school siting
12 requirements are met. Amendments An amendment proposed by a
13 local government for purposes of identifying the land use
14 categories in which public schools are an allowable use or for
15 adopting or amending the school-siting maps pursuant to s.
16 163.31776(6) are is exempt from the limitation on the
17 frequency of plan amendments contained in s. 163.3187. The
18 future land use element shall include criteria that which
19 encourage the location of schools proximate to urban
20 residential areas to the extent possible and shall require
21 that the local government seek to collocate public facilities,
22 such as parks, libraries, and community centers, with schools
23 to the extent possible and to encourage the use of elementary
24 schools as focal points for neighborhoods.
25 (c) A general sanitary sewer, solid waste, drainage,
26 potable water, and natural groundwater aquifer recharge
27 element correlated to principles and guidelines for future
28 land use, indicating ways to provide for future potable water,
29 drainage, sanitary sewer, solid waste, and aquifer recharge
30 protection requirements for the area. The element may be a
31 detailed engineering plan including a topographic map
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1 depicting areas of prime groundwater recharge. The element
2 shall describe the problems and needs and the general
3 facilities that will be required for solution of the problems
4 and needs. The element shall also include a topographic map
5 depicting any areas adopted by a regional water management
6 district as prime groundwater recharge areas for the Floridan
7 or Biscayne aquifers, pursuant to s. 373.0395. These areas
8 shall be given special consideration when the local government
9 is engaged in zoning or considering future land use for said
10 designated areas. For areas served by septic tanks, soil
11 surveys shall be provided which indicate the suitability of
12 soils for septic tanks. By October 1, 2002, the element shall
13 also include data and analysis, including, but not limited to,
14 the appropriate water management district's regional water
15 supply plan adopted pursuant to s. 373.0361, which evaluates
16 the availability of potable water compared to population
17 growth projected by the local government comprehensive plan.
18 (h)1. An intergovernmental coordination element
19 showing relationships and stating principles and guidelines to
20 be used in the accomplishment of coordination of the adopted
21 comprehensive plan with the plans of school boards and other
22 units of local government providing services but not having
23 regulatory authority over the use of land, with the
24 comprehensive plans of adjacent municipalities, the county,
25 adjacent counties, or the region, and with the state
26 comprehensive plan, as the case may require and as such
27 adopted plans or plans in preparation may exist. This element
28 of the local comprehensive plan shall demonstrate
29 consideration of the particular effects of the local plan,
30 when adopted, upon the development of adjacent municipalities,
31
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1 the county, adjacent counties, or the region, or upon the
2 state comprehensive plan, as the case may require.
3 a. The intergovernmental coordination element shall
4 provide for procedures to identify and implement joint
5 planning areas, especially for the purpose of annexation,
6 municipal incorporation, and joint infrastructure service
7 areas.
8 b. The intergovernmental coordination element shall
9 provide for recognition of campus master plans prepared
10 pursuant to s. 240.155.
11 c. The intergovernmental coordination element may
12 provide for a voluntary dispute resolution process as
13 established pursuant to s. 186.509 for bringing to closure in
14 a timely manner intergovernmental disputes. A local
15 government may develop and use an alternative local dispute
16 resolution process for this purpose.
17 2. The intergovernmental coordination element shall
18 further state principles and guidelines to be used in the
19 accomplishment of coordination of the adopted comprehensive
20 plan with the plans of school boards and other units of local
21 government providing facilities and services but not having
22 regulatory authority over the use of land. In addition, the
23 intergovernmental coordination element shall describe joint
24 processes for collaborative planning and decisionmaking on
25 population projections and public school siting, the location
26 and extension of public facilities subject to concurrency, and
27 siting facilities with countywide significance, including
28 locally unwanted land uses whose nature and identity are
29 established in an agreement. Within 1 year of adopting their
30 intergovernmental coordination elements, each county, all the
31 municipalities within that county, the district school board,
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1 and any unit of local government service providers in that
2 county shall establish by interlocal or other formal agreement
3 executed by all affected entities, the joint processes
4 described in this subparagraph consistent with their adopted
5 intergovernmental coordination elements.
6 3. To foster coordination between special districts
7 and local general-purpose governments as local general-purpose
8 governments implement local comprehensive plans, each
9 independent special district must submit a public facilities
10 report to the appropriate local government as required by s.
11 189.415.
12 4. The state land planning agency shall establish a
13 schedule for phased completion and transmittal of plan
14 amendments to implement subparagraphs 1., 2., and 3. from all
15 jurisdictions so as to accomplish their adoption by December
16 31, 1999. A local government may complete and transmit its
17 plan amendments to carry out these provisions prior to the
18 scheduled date established by the state land planning agency.
19 The plan amendments are exempt from the provisions of s.
20 163.3187(1).
21 5. Intergovernmental coordination between local
22 governments and the district school board shall be governed by
23 ss. 163.31776 and 163.31777 for those local governments
24 adopting a public educational facilities element pursuant to
25 s. 163.31776.
26 Section 3. Section 163.31776, Florida Statutes, is
27 created to read:
28 163.31776 Public educational facilities element.--
29 (1) The intent of the Legislature is to establish a
30 systematic process for school boards and local governments to:
31
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1 (a) Share information concerning the growth and
2 development trends in their communities in order to forecast
3 future enrollment and school needs;
4 (b) Cooperatively plan for the provision of
5 educational facilities to meet the current and projected needs
6 of the public education system population, including the needs
7 placed on the public education system as a result of growth
8 and development decisions by local government; and
9 (c) Cooperatively identify and meet the infrastructure
10 needs of public schools to assure healthy school environments
11 and safe school access.
12 (2) The Legislature finds that:
13 (a) Public schools are a linchpin to the vitality of
14 our communities and play a significant role in thousands of
15 individual housing decisions that result in community growth
16 trends.
17 (b) Growth and development issues transcend the
18 boundaries and responsibilities of individual units of
19 government, and often no single unit of government can plan or
20 implement policies to deal with these issues without affecting
21 other units of government.
22 (3)(a) By January 1, 2003, local governments must
23 transmit to the state land planning agency a public
24 educational facilities element, adopted in cooperation with
25 the applicable school district, if the local government is
26 located in a county that:
27 1. Has a population of 1 million or more based on the
28 2000 United States Census;
29 2. Has a population equal to or more than 100,000 and
30 fewer than 1 million, based on the 2000 United States Census,
31
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1 and the county has increased in population by 15 percent or
2 more between the 1990 and 2000 United States Censuses; or
3 3. Has a population of fewer than 100,000 and the
4 county population has increased by 30 percent or more between
5 the 1990 and 2000 United States Censuses and the projected
6 5-year student growth is 1,000 students or greater.
7
8 The Department of Education shall issue a report notifying the
9 state land planning agency and each county and school district
10 that meets the criteria in this paragraph on June 1 of each
11 year. Local governments will have 18 months following
12 notification to comply with the requirements of this section.
13 (b) Each municipality shall adopt its own element or
14 accept by resolution or ordinance the public educational
15 facilities element adopted by the county which includes the
16 municipality's area of authority as defined in s. 163.3171.
17 However, a municipality is exempt from this requirement if it
18 meets all the following criteria:
19 1. The municipality has issued development orders for
20 fewer than 50 residential dwelling units during the last 5
21 years or it has generated fewer than 25 additional public
22 school students during the last 5 years;
23 2. The municipality has not annexed new land during
24 the last 5 years in land use categories that permit
25 residential uses that may affect school attendance rates;
26 3. The municipality has no public schools located
27 within its boundaries;
28 4. At least 80 percent of the developable land within
29 the boundaries of the municipality has been built upon; and
30
31
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1 5. The municipality has not adopted a land use
2 amendment that increases residential density for more than 50
3 residential units.
4
5 Any municipality that is exempt shall notify the county and
6 the school board of any planned annexation into residential or
7 proposed residential areas or other change in condition and
8 must comply with this subsection within 1 year following a
9 change in conditions that renders the municipality no longer
10 eligible for exemption or following the identification of a
11 proposed public school in the school board's 5-year district
12 facilities work program in the municipality's jurisdiction.
13 (4) No later than 6 months prior to the deadline for
14 transmittal of a public educational facilities element, the
15 county, the non-exempt municipalities, and the school board
16 shall enter into an interlocal agreement that establishes a
17 process for developing coordinated and consistent local
18 government public educational facilities elements and a
19 district educational facilities plan, including a process:
20 (a) By which each local government and the school
21 district agree and base the local government comprehensive
22 plan and educational facilities plan on uniform projections of
23 the amount, type, and distribution of population growth and
24 student enrollment;
25 (b) To coordinate and share information relating to
26 existing and planned public school facilities and local
27 government plans for development and redevelopment;
28 (c) To ensure that school siting decisions by the
29 school board are consistent with the local comprehensive plan,
30 including appropriate circumstances and criteria under which a
31 school district may request an amendment to the comprehensive
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1 plan for school siting and for early involvement by the local
2 government as the school board identifies potential school
3 sites;
4 (d) To coordinate and provide timely formal comments
5 during the development, adoption, and amendment of each local
6 government's public educational facilities element and the
7 educational facilities plan of the school district to ensure a
8 uniform countywide school facility planning system;
9 (e) For school district participation in the review of
10 comprehensive plan amendments and rezonings that increase
11 residential density and that are reasonably expected to have
12 an impact on public school facility demand pursuant to s.
13 163.31777. The interlocal agreement must specify how the
14 school board and local governments will develop the
15 methodology and criteria for determining whether school
16 facility capacity will be readily available at the time of
17 projected school impacts, and must specify uniform,
18 districtwide level-of-service standards for all public schools
19 of the same type and availability standards for public
20 schools. The interlocal agreement must ensure that consistent
21 criteria and capacity-determination methodologies including
22 student generation multipliers are adopted into the school
23 board's district educational facilities plan and the local
24 government's public educational facilities element. The
25 interlocal agreement must also set forth the process and
26 uniform methodology for determining proportionate-share
27 mitigation pursuant to s. 163.31777; and
28 (f) For the resolution of disputes between the school
29 district and local governments.
30 (5) Under limited circumstances dealing with
31 educational facilities, countervailing planning and public
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1 policy goals may come into conflict with the requirements of
2 this section. Often the unintended result of such requirements
3 is the discouragement of urban infill development and
4 redevelopment. Such unintended results directly conflict with
5 the goals and policies of the state comprehensive plan and the
6 intent of this part. Therefore, exceptions from the
7 requirement of this section for public educational facilities
8 planning may be granted as follows: A local government may
9 grant an exception from the requirements of this section if
10 the proposed development is otherwise consistent with the
11 adopted local government comprehensive plan and is a project
12 located within an area designated in the comprehensive plan
13 for:
14 (a) Urban infill development;
15 (b) Urban redevelopment;
16 (c) Downtown revitalization; or
17 (d) Urban infill and redevelopment under s. 163.2517.
18 (6) The public educational facilities element must be
19 based on data and analysis, including the interlocal agreement
20 required by subsection (4), and on the educational facilities
21 plan required by s. 235.185. Each local government public
22 educational facilities element within a county must be
23 consistent with the other elements and must address:
24 (a) The need for, strategies for, and commitments to
25 addressing improvements to infrastructure, safety, and
26 community conditions in areas proximate to existing public
27 schools.
28 (b) The need for and strategies for providing adequate
29 infrastructure necessary to support proposed schools,
30 including potable water, wastewater, drainage, solid waste,
31 transportation, and means by which to assure safe access to
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1 schools, including sidewalks, bicycle paths, turn lanes, and
2 signalization.
3 (c) Colocation of other public facilities, such as
4 parks, libraries, and community centers, in proximity to
5 public schools.
6 (d) Location of schools proximate to residential areas
7 and to complement patterns of development, including using
8 elementary schools as focal points for neighborhoods.
9 (e) Use of public schools to serve as emergency
10 shelters.
11 (f) Consideration of the existing and planned capacity
12 of public schools when reviewing comprehensive plan amendments
13 and rezonings that are likely to increase residential
14 development and that are reasonably expected to have an impact
15 on the demand for public school facilities pursuant to s.
16 163.31777, with the review to be based on uniform,
17 districtwide level-of-service standards for all public schools
18 of the same type, availability standards for public schools,
19 and the financially feasible 5-year district facilities work
20 program adopted by the school board pursuant to s. 235.185.
21 (g) A uniform methodology for determining school
22 capacity and proportionate-share mitigation consistent with
23 the requirements of s. 163.31777(4) and the interlocal
24 agreement.
25 (h) The response of the school board to the financial
26 management and performance audit required by s. 235.185(2)(f).
27 (7) The future land-use map series must incorporate
28 maps that are the result of a collaborative process for
29 identifying school sites in the educational facilities plan
30 adopted by the school board pursuant to s. 235.185 and must
31 show the locations of existing public schools and the general
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1 locations of improvements to existing schools or new schools
2 anticipated over the 5-year, 10-year, and 20-year time
3 periods, or such maps shall be data and analysis in support of
4 the future land-use map series. Maps indicating general
5 locations of future schools or school improvements should not
6 prescribe a land use on a particular parcel of land.
7 (8) The process for adopting a public educational
8 facilities element shall be as provided in s. 163.3184. The
9 state land planning agency shall submit a copy of the proposed
10 public school facilities element pursuant to the procedures
11 outlined in s. 163.3184(4) to the Office of Educational
12 Facilities of the Commissioner of Education for review and
13 comment.
14 (9) In any proceeding to challenge the adoption of the
15 public educational facilities element pursuant to s. 163.3184,
16 the petitioner may also challenge the data and analysis used
17 to support the processes set forth in the interlocal agreement
18 executed pursuant to this section.
19 (10) The failure by a local government to comply with
20 the requirement to transmit and adopt a public educational
21 facilities element or to enter into an interlocal agreement
22 with the school board under s. 163.31776(3) will result in the
23 prohibition of the local government's ability to amend the
24 local comprehensive plan until the public school facilities
25 element is adopted. If a local government fails to comply with
26 the requirements of this section to enter into the interlocal
27 agreement or to transmit a public educational facilities
28 element by the required date, or if the Administration
29 Commission finds that the public educational facilities
30 element is not in compliance, the local government shall be
31 subject to sanctions imposed by the Administration Commission
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1 pursuant to s. 163.3184(11). The failure of a local government
2 or school board to enter into the interlocal agreement does
3 not subject another local government or school board to
4 sanctions. The failure of a school board to provide the
5 required plans or information or to enter into the interlocal
6 agreement under this section shall subject the school board to
7 sanctions pursuant to s. 235.193(3).
8 (11) Any local government that has executed an
9 interlocal agreement for the purpose of adopting public school
10 concurrency before the effective date of this act is not
11 required to amend the public school element or any interlocal
12 agreement to conform with the provisions of s. 163.31776 or s.
13 163.31777 if such amendment is ultimately determined to be in
14 compliance.
15 Section 4. Section 163.31777, Florida Statutes, is
16 created to read:
17 163.31777 Public school capacity for plan amendments
18 and rezonings.--
19 (1) Local governments shall consider public school
20 facilities when reviewing proposed comprehensive plan
21 amendments and rezonings that increase residential densities
22 and that are reasonably expected to have an impact on the
23 demand for public school facilities.
24 (2) For each proposed comprehensive plan amendment or
25 rezoning that increases residential densities and is
26 reasonably expected to have an impact on the demand for public
27 school facilities, the school board shall provide the local
28 government with a school-capacity report based on the district
29 educational facilities plan adopted by the school board
30 pursuant to s. 235.185, which must provide data and analysis
31 on the capacity and enrollment of affected schools based on
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1 standards established by state or federal law or judicial
2 orders, projected additional enrollment attributable to the
3 density increase resulting from the amendment or rezoning,
4 programmed and financially feasible new public school
5 facilities or improvements for affected schools identified in
6 the educational facilities plan of the school board and the
7 expected date of availability of such facilities or
8 improvements, and available reasonable options for providing
9 public school facilities to students if the rezoning or
10 comprehensive plan amendment is approved. The options must
11 include, but need not be limited to, the school board's
12 evaluation of school schedule modification, school attendance
13 zones modification, school facility modification, and the
14 creation of charter schools. The report must be consistent
15 with this section, any adopted interlocal agreement and public
16 educational facilities element, and must be submitted no later
17 than 3 working days before the first public hearing by the
18 local government to consider the comprehensive plan amendment
19 or rezoning.
20 (3) The local government shall deny a request for a
21 comprehensive plan amendment or rezoning which would increase
22 the density of residential development allowed on the property
23 subject to the amendment or rezoning and is reasonably
24 expected to have an increased impact on the demand for public
25 school facilities, if the school facility capacity will not be
26 reasonably available at the time of projected school impacts
27 as determined by the methodology established in the public
28 educational facilities element. However, the application for a
29 comprehensive plan amendment or a rezoning may be approved if
30 the applicant executes a legally binding commitment to provide
31 mitigation proportionate to the demand for public school
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1 facilities to be created by actual development of the
2 property, including, but not limited to, the options described
3 in subsection (4).
4 (4)(a) Options for proportionate-share mitigation of
5 public school facility impacts from actual development of
6 property subject to a plan amendment or rezoning that
7 increases residential density shall be established in the
8 educational facilities plan and the public educational
9 facilities element. Appropriate mitigation options include the
10 contribution of land; the construction, expansion, or payment
11 for land acquisition or construction of a public school
12 facility; or the creation of mitigation banking based on the
13 construction of a public school facility in exchange for the
14 right to sell capacity credits. Such options must include
15 execution by the applicant and the local government of a
16 binding development agreement pursuant to ss.
17 163.3220-163.3243 which constitutes a legally binding
18 commitment to pay proportionate-share mitigation for the
19 additional residential units approved by the local government
20 in a development order and actually developed on the property,
21 taking into account residential density allowed on the
22 property prior to the plan amendment or rezoning that
23 increased overall residential density. The district school
24 board may be a party to such an agreement. As a condition of
25 its entry into such a development agreement, the local
26 government may require the landowner to agree to continuing
27 renewal of the agreement upon its expiration.
28 (b) If the educational facilities plan and the public
29 educational facilities element authorize a contribution of
30 land; the construction, expansion, or payment for land
31 acquisition; or the construction or expansion of a public
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1 school facility, or a portion thereof, as proportionate-share
2 mitigation, the local government shall credit such a
3 contribution, construction, expansion, or payment toward any
4 other impact fee or exaction imposed by local ordinance for
5 the same need, on a dollar-for-dollar basis at fair market
6 value.
7 (c) Any proportionate-share mitigation must be
8 directed by the school board toward a school capacity
9 improvement within the affected area which is identified in
10 the financially feasible 5-year district work plan.
11 (5) Subsections (3) and (4) shall not take effect
12 within a jurisdiction until:
13 (a) The local governments and the school board have
14 entered into an interlocal agreement pursuant to ss. 163.31776
15 and 235.193;
16 (b) The local government has adopted a public
17 education facilities element required under s. 163.31776 and
18 the element has been found in compliance;
19 (c) The school board has revised its district
20 education facilities plan to comply with s. 235.185; and
21 (d) One of the following revenue sources is levied for
22 the purpose of funding public educational facilities
23 consistent with the public educational facilities plan and
24 interlocal agreement adopted pursuant to s. 163.31776, and the
25 district educational facilities plan pursuant to s. 235.185:
26 1. The half-cent school capital outlay surtax
27 authorized by s. 212.055(6); or
28 2. An amount of new broad-based revenue from state or
29 local sources, equivalent to the amount that would be raised
30 from the school capital outlay surtax, is available and
31 dedicated to the implementation of the financially feasible
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1 work program adopted by the school board pursuant to s.
2 235.185.
3 Section 5. Subsection (4) of section 163.3180, Florida
4 Statutes, is amended to read:
5 163.3180 Concurrency.--
6 (4)(a) The concurrency requirement as implemented in
7 local comprehensive plans applies to state and other public
8 facilities and development to the same extent that it applies
9 to all other facilities and development, as provided by law.
10 (b) The concurrency requirement as implemented in
11 local comprehensive plans does not apply to public transit
12 facilities. For the purposes of this paragraph, public
13 transit facilities include transit stations and terminals,
14 transit station parking, park-and-ride lots, intermodal public
15 transit connection or transfer facilities, and fixed bus,
16 guideway, and rail stations. As used in this paragraph, the
17 terms "terminals" and "transit facilities" do not include
18 airports or seaports or commercial or residential development
19 constructed in conjunction with a public transit facility.
20 (c) The concurrency requirement as implemented in
21 local government comprehensive plans may be waived by a local
22 government for urban infill and redevelopment areas designated
23 pursuant to s. 163.2517 if such a waiver does not endanger
24 public health or safety as defined by the local government in
25 its local government comprehensive plan.
26 Section 6. Subsections (1), (3), (4), and (6) of
27 section 163.3184, Florida Statutes, are amended to read:
28 163.3184 Process for adoption of comprehensive plan or
29 plan amendment.--
30 (1) DEFINITIONS.--As used in this section, the term:
31
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1 (a) "Affected person" includes the affected local
2 government; persons owning property, residing, or owning or
3 operating a business within the boundaries of the local
4 government whose plan is the subject of the review; owners of
5 real property abutting real property that is the subject of a
6 proposed change to a future land use map; and adjoining local
7 governments that can demonstrate that the plan or plan
8 amendment will produce substantial impacts on the increased
9 need for publicly funded infrastructure or substantial impacts
10 on areas designated for protection or special treatment within
11 their jurisdiction. Each person, other than an adjoining local
12 government, in order to qualify under this definition, shall
13 also have submitted oral or written comments, recommendations,
14 or objections to the local government during the period of
15 time beginning with the transmittal hearing for the plan or
16 plan amendment and ending with the adoption of the plan or
17 plan amendment.
18 (b) "In compliance" means consistent with the
19 requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180,
20 163.3191, and 163.3245, with the state comprehensive plan,
21 with the appropriate strategic regional policy plan, and with
22 chapter 9J-5, Florida Administrative Code, where such rule is
23 not inconsistent with this part and with the principles for
24 guiding development in designated areas of critical state
25 concern.
26 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
27 AMENDMENT.--
28 (a) Each local governing body shall transmit the
29 complete proposed comprehensive plan or plan amendment to the
30 state land planning agency, the appropriate regional planning
31 council and water management district, the Department of
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1 Environmental Protection, the Department of State, and the
2 Department of Transportation, and, in the case of municipal
3 plans, to the appropriate county, and, in the case of county
4 plans, to the Fish and Wildlife Conservation Commission and
5 the Department of Agriculture and Consumer Services,
6 immediately following a public hearing pursuant to subsection
7 (15) as specified in the state land planning agency's
8 procedural rules. The local governing body shall also transmit
9 a copy of the complete proposed comprehensive plan or plan
10 amendment to any other unit of local government or government
11 agency in the state that has filed a written request with the
12 governing body for the plan or plan amendment. The local
13 government may request a review by the state land planning
14 agency pursuant to subsection (6) at the time of the
15 transmittal of an amendment.
16 (b) A local governing body shall not transmit portions
17 of a plan or plan amendment unless it has previously provided
18 to all state agencies designated by the state land planning
19 agency a complete copy of its adopted comprehensive plan
20 pursuant to subsection (7) and as specified in the agency's
21 procedural rules. In the case of comprehensive plan
22 amendments, the local governing body shall transmit to the
23 state land planning agency, the appropriate regional planning
24 council and water management district, the Department of
25 Environmental Protection, the Department of State, and the
26 Department of Transportation, and, in the case of municipal
27 plans, to the appropriate county, and, in the case of county
28 plans, to the Fish and Wildlife Conservation Commission and
29 the Department of Agriculture and Consumer Services, the
30 materials specified in the state land planning agency's
31 procedural rules and, in cases in which the plan amendment is
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1 a result of an evaluation and appraisal report adopted
2 pursuant to s. 163.3191, a copy of the evaluation and
3 appraisal report. Local governing bodies shall consolidate all
4 proposed plan amendments into a single submission for each of
5 the two plan amendment adoption dates during the calendar year
6 pursuant to s. 163.3187.
7 (c) A local government may adopt a proposed plan
8 amendment previously transmitted pursuant to this subsection,
9 unless review is requested or otherwise initiated pursuant to
10 subsection (6).
11 (d) In cases in which a local government transmits
12 multiple individual amendments that can be clearly and legally
13 separated and distinguished for the purpose of determining
14 whether to review the proposed amendment, and the state land
15 planning agency elects to review several or a portion of the
16 amendments and the local government chooses to immediately
17 adopt the remaining amendments not reviewed, the amendments
18 immediately adopted and any reviewed amendments that the local
19 government subsequently adopts together constitute one
20 amendment cycle in accordance with s. 163.3187(1).
21 (4) INTERGOVERNMENTAL REVIEW.--The If review of a
22 proposed comprehensive plan amendment is requested or
23 otherwise initiated pursuant to subsection (6), the state land
24 planning agency within 5 working days of determining that such
25 a review will be conducted shall transmit a copy of the
26 proposed plan amendment to various government agencies, as
27 appropriate, for response or comment, including, but not
28 limited to, the Department of Environmental Protection, the
29 Department of Transportation, the water management district,
30 and the regional planning council, and, in the case of
31 municipal plans, to the county land planning agency. These
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1 governmental agencies specified in paragraph (3)(a) shall
2 provide comments to the state land planning agency within 30
3 days after receipt by the state land planning agency of the
4 complete proposed plan amendment. If the plan or plan
5 amendment includes or relates to the public school facilities
6 element required by s. 163.31776, the state land planning
7 agency shall submit a copy to the Office of Educational
8 Facilities of the Commissioner of Education for review and
9 comment. The appropriate regional planning council shall also
10 provide its written comments to the state land planning agency
11 within 30 days after receipt by the state land planning agency
12 of the complete proposed plan amendment and shall specify any
13 objections, recommendations for modifications, and comments of
14 any other regional agencies to which the regional planning
15 council may have referred the proposed plan amendment. Written
16 comments submitted by the public within 30 days after notice
17 of transmittal by the local government of the proposed plan
18 amendment will be considered as if submitted by governmental
19 agencies. All written agency and public comments must be made
20 part of the file maintained under subsection (2).
21 (6) STATE LAND PLANNING AGENCY REVIEW.--
22 (a) The state land planning agency shall review a
23 proposed plan amendment upon request of a regional planning
24 council, affected person, or local government transmitting the
25 plan amendment. The request from the regional planning council
26 or affected person must be if the request is received within
27 30 days after transmittal of the proposed plan amendment
28 pursuant to subsection (3). The agency shall issue a report
29 of its objections, recommendations, and comments regarding the
30 proposed plan amendment. A regional planning council or
31 affected person requesting a review shall do so by submitting
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1 a written request to the agency with a notice of the request
2 to the local government and any other person who has requested
3 notice.
4 (b) The state land planning agency may review any
5 proposed plan amendment regardless of whether a request for
6 review has been made, if the agency gives notice to the local
7 government, and any other person who has requested notice, of
8 its intention to conduct such a review within 35 30 days after
9 receipt of transmittal of the complete proposed plan amendment
10 pursuant to subsection (3).
11 (c) The state land planning agency shall establish by
12 rule a schedule for receipt of comments from the various
13 government agencies, as well as written public comments,
14 pursuant to subsection (4). If the state land planning agency
15 elects to review the amendment or the agency is required to
16 review the amendment as specified in paragraph (a), the agency
17 shall issue a report giving its objections, recommendations,
18 and comments regarding the proposed amendment within 60 days
19 after receipt of the complete proposed amendment by the state
20 land planning agency. The state land planning agency shall
21 have 30 days to review comments from the various government
22 agencies along with a local government's comprehensive plan or
23 plan amendment. During that period, the state land planning
24 agency shall transmit in writing its comments to the local
25 government along with any objections and any recommendations
26 for modifications. When a federal, state, or regional agency
27 has implemented a permitting program, the state land planning
28 agency shall not require a local government to duplicate or
29 exceed that permitting program in its comprehensive plan or to
30 implement such a permitting program in its land development
31 regulations. Nothing contained herein shall prohibit the
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1 state land planning agency in conducting its review of local
2 plans or plan amendments from making objections,
3 recommendations, and comments or making compliance
4 determinations regarding densities and intensities consistent
5 with the provisions of this part. In preparing its comments,
6 the state land planning agency shall only base its
7 considerations on written, and not oral, comments, from any
8 source.
9 (d) The state land planning agency review shall
10 identify all written communications with the agency regarding
11 the proposed plan amendment. If the state land planning agency
12 does not issue such a review, it shall identify in writing to
13 the local government all written communications received 30
14 days after transmittal. The written identification must
15 include a list of all documents received or generated by the
16 agency, which list must be of sufficient specificity to enable
17 the documents to be identified and copies requested, if
18 desired, and the name of the person to be contacted to request
19 copies of any identified document. The list of documents must
20 be made a part of the public records of the state land
21 planning agency.
22 Section 7. Effective October 1, 2001, subsections (7),
23 (8), and (15) and paragraph (d) of subsection (16) of section
24 163.3184, Florida Statutes, as amended by this act, are
25 amended to read:
26 163.3184 Process for adoption of comprehensive plan or
27 plan amendment.--
28 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
29 PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government
30 shall review the written comments submitted to it by the state
31 land planning agency, and any other person, agency, or
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1 government. Any comments, recommendations, or objections and
2 any reply to them shall be public documents, a part of the
3 permanent record in the matter, and admissible in any
4 proceeding in which the comprehensive plan or plan amendment
5 may be at issue. The local government, upon receipt of
6 written comments from the state land planning agency, shall
7 have 120 days to adopt or adopt with changes the proposed
8 comprehensive plan or s. 163.3191 plan amendments. In the
9 case of comprehensive plan amendments other than those
10 proposed pursuant to s. 163.3191, the local government shall
11 have 60 days to adopt the amendment, adopt the amendment with
12 changes, or determine that it will not adopt the amendment.
13 The adoption of the proposed plan or plan amendment or the
14 determination not to adopt a plan amendment, other than a plan
15 amendment proposed pursuant to s. 163.3191, shall be made in
16 the course of a public hearing pursuant to subsection (15).
17 The local government shall transmit the complete adopted
18 comprehensive plan or adopted plan amendment, including the
19 names and addresses of persons compiled pursuant to paragraph
20 (15)(c), to the state land planning agency as specified in the
21 agency's procedural rules within 10 working days after
22 adoption. The local governing body shall also transmit a copy
23 of the adopted comprehensive plan or plan amendment to the
24 regional planning agency and to any other unit of local
25 government or governmental agency in the state that has filed
26 a written request with the governing body for a copy of the
27 plan or plan amendment.
28 (8) NOTICE OF INTENT.--
29 (a) Except as provided in s. 163.3187(3), the state
30 land planning agency, upon receipt of a local government's
31 complete adopted comprehensive plan or plan amendment, shall
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1 have 45 days for review and to determine if the plan or plan
2 amendment is in compliance with this act, unless the amendment
3 is the result of a compliance agreement entered into under
4 subsection (16), in which case the time period for review and
5 determination shall be 30 days. If review was not conducted
6 under subsection (6), the agency's determination must be based
7 upon the plan amendment as adopted. If review was conducted
8 under subsection (6), the agency's determination of compliance
9 must be based only upon one or both of the following:
10 1. The state land planning agency's written comments
11 to the local government pursuant to subsection (6); or
12 2. Any changes made by the local government to the
13 comprehensive plan or plan amendment as adopted.
14 (b) During the time period provided for in this
15 subsection, the state land planning agency shall issue,
16 through a senior administrator or the secretary, as specified
17 in the agency's procedural rules, a notice of intent to find
18 that the plan or plan amendment is in compliance or not in
19 compliance. A notice of intent shall be issued by publication
20 in the manner provided by this paragraph and by mailing a copy
21 to the local government and to persons who request notice.
22 The required advertisement shall be no less than 2 columns
23 wide by 10 inches long, and the headline in the advertisement
24 shall be in a type no smaller than 12 point. The advertisement
25 shall not be placed in that portion of the newspaper where
26 legal notices and classified advertisements appear. The
27 advertisement shall be published in a newspaper which meets
28 the size and circulation requirements set forth in paragraph
29 (15)(d) (15)(c) and which has been designated in writing by
30 the affected local government at the time of transmittal of
31 the amendment. Publication by the state land planning agency
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1 of a notice of intent in the newspaper designated by the local
2 government shall be prima facie evidence of compliance with
3 the publication requirements of this section.
4 (c) The state land planning agency shall post a copy
5 of the notice of intent on the agency's Internet site. The
6 agency shall, no later than the date the notice of intent is
7 transmitted to the newspaper, mail a courtesy informational
8 statement to the persons whose names and mailing addresses
9 were compiled pursuant to paragraph (15)(c). The informational
10 statement must identify the newspaper in which the notice of
11 intent will appear, the approximate date of publication of the
12 notice of intent, and the ordinance number of the plan or plan
13 amendment and must advise that the informational statement is
14 provided as a courtesy to the person and that affected persons
15 have 21 days from the actual date of publication of the notice
16 to file a petition. The informational statement must be sent
17 by regular mail and does not affect the timeframes specified
18 in subsections (9) and (10).
19 (15) PUBLIC HEARINGS.--
20 (a) The procedure for transmittal of a complete
21 proposed comprehensive plan or plan amendment pursuant to
22 subsection (3) and for adoption of a comprehensive plan or
23 plan amendment pursuant to subsection (7) shall be by
24 affirmative vote of not less than a majority of the members of
25 the governing body present at the hearing. The adoption of a
26 comprehensive plan or plan amendment shall be by ordinance.
27 For the purposes of transmitting or adopting a comprehensive
28 plan or plan amendment, the notice requirements in chapters
29 125 and 166 are superseded by this subsection, except as
30 provided in this part.
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1 (b) The local governing body shall hold at least two
2 advertised public hearings on the proposed comprehensive plan
3 or plan amendment as follows:
4 1. The first public hearing shall be held at the
5 transmittal stage pursuant to subsection (3). It shall be
6 held on a weekday at least 7 days after the day that the first
7 advertisement is published.
8 2. The second public hearing shall be held at the
9 adoption stage pursuant to subsection (7). It shall be held
10 on a weekday at least 5 days after the day that the second
11 advertisement is published.
12 (c) The local government shall provide a sign-in form
13 at the transmittal hearing and at the adoption hearing for
14 persons to provide their names and mailing addresses. The
15 sign-in form must advise that any person providing the
16 requested information will receive a courtesy informational
17 statement concerning publications of the state land planning
18 agency's notice of intent. The local government shall add to
19 the sign-in form the name and address of any person who
20 submits written comments concerning the proposed plan or plan
21 amendment during the time period between the commencement of
22 the transmittal hearing and the end of the adoption hearing.
23 It is the responsibility of the person completing the form or
24 providing written commends to accurately, completely, and
25 legibly provide all information needed in order to receive the
26 courtesy informational statement.
27 (d) The agency shall provide a model sign-in format
28 for providing the list to the agency which may be used by the
29 local government to satisfy the requirements of this
30 subsection.
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1 (e)(c) If the proposed comprehensive plan or plan
2 amendment changes the actual list of permitted, conditional,
3 or prohibited uses within a future land use category or
4 changes the actual future land use map designation of a parcel
5 or parcels of land, the required advertisements shall be in
6 the format prescribed by s. 125.66(4)(b)2. for a county or by
7 s. 166.041(3)(c)2.b. for a municipality.
8 (16) COMPLIANCE AGREEMENTS.--
9 (d) A local government may adopt a plan amendment
10 pursuant to a compliance agreement in accordance with the
11 requirements of paragraph (15)(a). The plan amendment shall be
12 exempt from the requirements of subsections (2)-(7). The
13 local government shall hold a single adoption public hearing
14 pursuant to the requirements of subparagraph (15)(b)2. and
15 paragraph (15)(d) (15)(c). Within 10 working days after
16 adoption of a plan amendment, the local government shall
17 transmit the amendment to the state land planning agency as
18 specified in the agency's procedural rules, and shall submit
19 one copy to the regional planning agency and to any other unit
20 of local government or government agency in the state that has
21 filed a written request with the governing body for a copy of
22 the plan amendment, and one copy to any party to the
23 proceeding under ss. 120.569 and 120.57 granted intervenor
24 status.
25 Section 8. Paragraph (k) is added to subsection (1) of
26 section 163.3187, Florida Statutes, to read:
27 163.3187 Amendment of adopted comprehensive plan.--
28 (1) Amendments to comprehensive plans adopted pursuant
29 to this part may be made not more than two times during any
30 calendar year, except:
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1 (k) A comprehensive plan amendment to adopt a public
2 educational facilities element pursuant to s. 163.31776 and
3 future land-use-map amendments for school siting may be
4 approved notwithstanding statutory limits on the frequency of
5 adopting plan amendments.
6 Section 9. Paragraph (k) of subsection (2) of section
7 163.3191, Florida Statutes, is amended, and paragraph (l) is
8 added to that subsection, to read:
9 163.3191 Evaluation and appraisal of comprehensive
10 plan.--
11 (2) The report shall present an evaluation and
12 assessment of the comprehensive plan and shall contain
13 appropriate statements to update the comprehensive plan,
14 including, but not limited to, words, maps, illustrations, or
15 other media, related to:
16 (k) The coordination of the comprehensive plan with
17 existing public schools and those identified in the applicable
18 educational 5-year school district facilities plan work
19 program adopted pursuant to s. 235.185. The assessment shall
20 address, where relevant, the success or failure of the
21 coordination of the future land use map and associated planned
22 residential development with public schools and their
23 capacities, as well as the joint decisionmaking processes
24 engaged in by the local government and the school board in
25 regard to establishing appropriate population projections and
26 the planning and siting of public school facilities. If the
27 issues are not relevant, the local government shall
28 demonstrate that they are not relevant.
29 (l) If any of the jurisdiction of the local government
30 is located within the coastal high hazard area, an evaluation
31 of whether any past reduction in land use density impairs the
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1 property rights of current residents when redevelopment
2 occurs, including, but not limited to, redevelopment following
3 a natural disaster. The local government must identify
4 strategies to address redevelopment feasibility and the
5 property rights of affected residents. These strategies may
6 include the authorization of redevelopment up to the actual
7 built density in existence on the property prior to the
8 natural disaster or redevelopment.
9 Section 10. Section 163.3198, Florida Statutes, is
10 created to read:
11 163.3198 Development of a uniform
12 fiscal-impact-analysis model for evaluating the cost of
13 infrastructure to support development.--
14 (1) The Legislature finds that the quality of growth
15 in this state will benefit greatly by the adoption of a
16 uniform fiscal-impact-analysis tool that can be used by local
17 governments to determine the costs and benefits of new
18 development. To facilitate informed decision-making and
19 accountability by local government, the analysis model must
20 itemize and calculate the costs and fiscal impacts of
21 infrastructure needs created by proposed development, as well
22 as the anticipated revenues needed for infrastructure
23 associated with the project. It is intended that the model be
24 a minimum base model for implementation by all local
25 governments. Local governments are not required to implement
26 the model until the Legislature approves such implementation,
27 and local governments are not prevented from using other
28 fiscal or economic analysis tools before or after adoption of
29 the uniform fiscal-analysis model. The Legislature intends
30 that the analysis provide local government decisionmakers with
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1 a clearer understanding of the fiscal impact of new
2 development on the community and its resources.
3 (2) A three-member technical advisory committee with
4 one member each to be selected by the Governor, the President
5 of the Senate, and the Speaker of the House of
6 Representatives, respectively, shall be created to advise the
7 secretary concerning the development of a fiscal-analysis
8 model. The appointments must be made prior to July 1, 2001.
9 (a) The technical advisory committee shall advise the
10 state land planning agency concerning:
11 1. The development of a fiscal-analysis model;
12 2. The selection of one or more models;
13 3. Changes that may be made to the model during the
14 testing period, as needed; and
15 4. Recommendations on the implementation of the model.
16 (b) Each member of the technical advisory committee is
17 entitled to reimbursement for per diem and travel expenses, as
18 provided in s. 112.061, while carrying out the official
19 business of the committee.
20 (c) The technical advisory committee shall meet at the
21 call of the secretary and shall be dissolved upon the
22 submittal of the report and recommendations required in
23 subsection (4).
24 (3)(a) The state land planning agency shall develop
25 one or more fiscal-analysis models for determining the
26 estimated costs and revenues of proposed development. The
27 analysis provided by the model is a tool for government
28 decisionmaking, does not constitute an automatic approval or
29 disapproval of new development, and applies to all public and
30 private projects and all land-use categories.
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1 (b) The model must be capable of estimating the
2 capital, operating, and maintenance costs, and revenues for
3 infrastructure the need for which is created by new
4 development based on the type, scale, and location of various
5 land uses. For the purposes of developing the model, estimated
6 costs include those associated with provision of school
7 facilities; transportation facilities; water supply; sewer;
8 stormwater; solid waste services; police, fire, and emergency
9 medical services; publicly provided energy services; parks and
10 recreation services; and publicly provided telecommunications.
11 Estimated revenues include all revenues attributable to the
12 proposed development which are used to construct, operate, or
13 maintain the listed infrastructure. The model may be developed
14 with capabilities of estimating other costs and benefits
15 directly related to new development, including economic costs
16 and benefits. The Legislature recognizes the potential
17 limitations of such models in fairly quantifying important
18 quality-of-life issues, such as the intangible benefits and
19 costs associated with development, including, but not limited
20 to, overall impact on community character, housing costs,
21 compatibility, and impacts to natural and historic resources,
22 and the Legislature affirms its intention that this model not
23 be used as the only determinant of the acceptability of new
24 development.
25 (c) The model must be capable of identifying
26 infrastructure deficits or backlogs and the costs associated
27 with addressing such needs.
28 (d) As part of its development of a fiscal-analysis
29 model, the state land planning agency shall develop a format
30 by which the local governments shall report to the public, at
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1 least annually, the cumulative fiscal impact of their local
2 planning decisions.
3 (4) By January 1, 2003, the state land planning agency
4 shall transmit to the Governor, the President of the Senate,
5 and the Speaker of the House of Representatives a report
6 detailing the estimated costs of implementation,
7 recommendations for a uniform fiscal-analysis model, and
8 recommendations for statewide implementation of such a model.
9 If the state land planning agency determines that a uniform
10 fiscal-analysis model is unfeasible, the agency may recommend
11 that the model or its application be modified. The report must
12 also include recommendations for any changes to existing
13 growth management laws and policies necessary to implement the
14 model. However, this model is not intended to serve as a
15 replacement for concurrency. The report must also include
16 recommendations for state technical and financial assistance
17 to help local governments in implementing the uniform
18 fiscal-analysis model and recommendations for incentives to
19 local governments to encourage identification of areas in
20 which infrastructure development will be encouraged. It is not
21 the intent of this section to repeal concurrency.
22 Section 11. The sum of $500,000 is appropriated to the
23 Department of Community Affairs from the General Revenue Fund
24 to implement section 10 of this act.
25 Section 12. Subsections (2) and (3) of section
26 186.504, Florida Statutes, are amended to read:
27 186.504 Regional planning councils; creation;
28 membership.--
29 (2) Membership on the regional planning council shall
30 be as follows:
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1 (a) Representatives appointed by each of the member
2 counties in the geographic area covered by the regional
3 planning council.
4 (b) Representatives from other member local
5 general-purpose governments in the geographic area covered by
6 the regional planning council.
7 (c) Representatives appointed by the Governor from the
8 geographic area covered by the regional planning council.
9 (d) An elected school board member from the geographic
10 area covered by the regional planning council, to be selected
11 by the Florida School Board Association.
12 (3) Not less than two-thirds of the representatives
13 serving as voting members on the governing bodies of such
14 regional planning councils shall be elected officials of local
15 general-purpose governments chosen by the cities and counties
16 of the region and the school board member, provided each
17 county shall have at least one vote. The remaining one-third
18 of the voting members on the governing board shall be
19 appointed by the Governor, subject to confirmation by the
20 Senate, and shall reside in the region. No two appointees of
21 the Governor shall have their places of residence in the same
22 county until each county within the region is represented by a
23 Governor's appointee to the governing board. Nothing contained
24 in this section shall deny to local governing bodies or the
25 Governor the option of appointing either locally elected
26 officials or lay citizens provided at least two-thirds of the
27 governing body of the regional planning council is composed of
28 locally elected officials.
29 Section 13. Paragraph (a) of subsection (2) and
30 subsection (6) of section 212.055, Florida Statutes, are
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1 amended, and paragraph (j) is added to subsection (2) of that
2 section, to read:
3 212.055 Discretionary sales surtaxes; legislative
4 intent; authorization and use of proceeds.--It is the
5 legislative intent that any authorization for imposition of a
6 discretionary sales surtax shall be published in the Florida
7 Statutes as a subsection of this section, irrespective of the
8 duration of the levy. Each enactment shall specify the types
9 of counties authorized to levy; the rate or rates which may be
10 imposed; the maximum length of time the surtax may be imposed,
11 if any; the procedure which must be followed to secure voter
12 approval, if required; the purpose for which the proceeds may
13 be expended; and such other requirements as the Legislature
14 may provide. Taxable transactions and administrative
15 procedures shall be as provided in s. 212.054.
16 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
17 (a)1. The governing authority in each county may levy
18 a discretionary sales surtax of 0.5 percent or 1 percent. The
19 levy of the surtax shall be pursuant to ordinance enacted by a
20 supermajority majority of the members of the county governing
21 authority or and approved by a majority of the electors of the
22 county voting in a referendum on the surtax. If the governing
23 bodies of the municipalities representing a majority of the
24 county's population adopt uniform resolutions establishing the
25 rate of the surtax and calling for a referendum on the surtax,
26 the levy of the surtax shall be placed on the ballot and shall
27 take effect if approved by a majority of the electors of the
28 county voting in the referendum on the surtax.
29 2. If the surtax was levied pursuant to a referendum
30 held before July 1, 1993, the surtax may not be levied beyond
31 the time established in the ordinance, or, if the ordinance
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1 did not limit the period of the levy, the surtax may not be
2 levied for more than 15 years. The levy of such surtax may be
3 extended only by approval of a majority of the electors of the
4 county voting in a referendum on the surtax or pursuant to
5 ordinance enacted by a supermajority vote of the members of
6 the county governing authority.
7
8 For purposes of this paragraph, the term "supermajority vote"
9 means an affirmative vote of a majority of the membership of
10 the governing authority plus one.
11 (j) The largest municipality in a county having a
12 population of more than 1 million, which county has not levied
13 the surtax authorized by this subsection, may levy an
14 infrastructure surtax of 0.5 percent, but only if the surtax
15 is approved by the electors of the municipality by referendum.
16 The surtax may not be levied for more than 15 years, but may
17 be extended only by approval of a majority of the electors of
18 the municipality voting in a referendum on the surtax. For
19 purposes of this paragraph, the term "infrastructure" means
20 the costs identified in this subsection. A statement that
21 includes a brief general description of the projects to be
22 funded by the surtax and that conforms to the requirements of
23 s. 101.161 shall be placed on the ballot by the municipality
24 that enacts an ordinance calling for a referendum on the levy
25 of the surtax. The following question shall be placed on the
26 ballot:
27
28 _____FOR the 0.5-cent sales tax
29 _____AGAINST the 0.5-cent sales tax
30
31 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
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1 (a) The school board in each county may levy, pursuant
2 to resolution conditioned to take effect only upon approval by
3 a majority vote of the electors of the county voting in a
4 referendum, a discretionary sales surtax at a rate that may
5 not exceed 0.5 percent.
6 (b) The resolution shall include a statement that
7 provides a brief and general description of the school capital
8 outlay projects to be funded by the surtax. If applicable, the
9 resolution must state that the district school board has been
10 recognized by the State Board of Education as having a Florida
11 Frugal Schools Program. The statement shall conform to the
12 requirements of s. 101.161 and shall be placed on the ballot
13 by the governing body of the county. The following question
14 shall be placed on the ballot:
15
16 ....FOR THE ....CENTS TAX
17 ....AGAINST THE ....CENTS TAX
18
19 (c) As an alternative method of levying the
20 discretionary sales surtax, the district school board, in a
21 county where the local governments and the school board have
22 adopted the interlocal agreement and the public educational
23 facilities element required by s. 163.31776, and adopted a
24 district facilities plan pursuant to s. 235.185, may levy,
25 pursuant to resolution adopted by a supermajority of the
26 members of the school board, a discretionary sales surtax at a
27 rate not to exceed 0.5 percent. For purposes of this
28 paragraph, the term "supermajority vote" means an affirmative
29 vote of a majority of the membership of the school board plus
30 one.
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1 (d)(c) The resolution providing for the imposition of
2 the surtax shall set forth a plan for use of the surtax
3 proceeds for fixed capital expenditures or fixed capital costs
4 associated with the construction, reconstruction, or
5 improvement of school facilities and campuses which have a
6 useful life expectancy of 5 or more years, and any land
7 acquisition, land improvement, design, and engineering costs
8 related thereto. Additionally, the plan shall include the
9 costs of retrofitting and providing for technology
10 implementation, including hardware and software, for the
11 various sites within the school district. Surtax revenues may
12 be used for the purpose of servicing bond indebtedness to
13 finance projects authorized by this subsection, and any
14 interest accrued thereto may be held in trust to finance such
15 projects. Neither the proceeds of the surtax nor any interest
16 accrued thereto shall be used for operational expenses. If the
17 district school board has been recognized by the State Board
18 of Education as having a Florida Frugal Schools Program, the
19 district's plan for use of the surtax proceeds must be
20 consistent with this subsection and with uses assured under
21 the Florida Frugal Schools Program.
22 (e)(d) Any school board imposing the surtax shall
23 implement a freeze on noncapital local school property taxes,
24 at the millage rate imposed in the year prior to the
25 implementation of the surtax, for a period of at least 3 years
26 from the date of imposition of the surtax. This provision
27 shall not apply to existing debt service or required state
28 taxes.
29 (f)(e) Surtax revenues collected by the Department of
30 Revenue pursuant to this subsection shall be distributed to
31 the school board imposing the surtax in accordance with law.
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1 Section 14. Subsection (1) of section 218.25, Florida
2 Statutes, is amended to read:
3 218.25 Limitation of shared funds; holders of bonds
4 protected; limitation on use of second guaranteed entitlement
5 for counties.--
6 (1) Except as provided in subsection (2) with respect
7 to the second guaranteed entitlement for counties, local
8 governments shall not use any portion of the moneys received
9 in excess of the guaranteed entitlement for municipalities and
10 the second guaranteed entitlement for counties from the
11 revenue sharing trust funds created by this part to assign,
12 pledge, or set aside as a trust for the payment of principal
13 or interest on bonds, or tax anticipation certificates, or any
14 other form of indebtedness, unless such indebtedness is used
15 solely for the purpose of financing those categories of public
16 infrastructure enumerated in s. 163.3180 within the designated
17 urban service area on the local government's future land use
18 map adopted pursuant to s. 163.3177. and There shall be no
19 other use restriction on revenues shared pursuant to this
20 part. The state does hereby covenant with holders of bonds or
21 other instruments of indebtedness issued by local governments
22 prior to July 1, 1972, that it is not the intent of this part
23 to affect adversely the rights of said holders or to relieve
24 local governments of the duty to meet their obligations as a
25 result of previous pledges or assignments or trusts entered
26 into which obligated funds received from revenue sources which
27 by terms of this part shall henceforth be distributed out of
28 the revenue sharing trust funds.
29 Section 15. Section 235.002, Florida Statutes, is
30 amended to read:
31 235.002 Intent.--
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1 (1) The intent of the Legislature is to:
2 (a) To provide each student in the public education
3 system the availability of an educational environment
4 appropriate to his or her educational needs which is
5 substantially equal to that available to any similar student,
6 notwithstanding geographic differences and varying local
7 economic factors, and to provide facilities for the Florida
8 School for the Deaf and the Blind and other educational
9 institutions and agencies as may be defined by law.
10 (a)(b) To Encourage the use of innovative designs,
11 construction techniques, and financing mechanisms in building
12 educational facilities for the purposes purpose of reducing
13 costs to the taxpayer, creating a more satisfactory
14 educational environment, and reducing the amount of time
15 necessary for design and construction to fill unmet needs, and
16 permitting the on-site and off-site improvements required by
17 law.
18 (b)(c) To Provide a systematic mechanism whereby
19 educational facilities construction plans can meet the current
20 and projected needs of the public education system population
21 as quickly as possible by building uniform, sound educational
22 environments and to provide a sound base for planning for
23 educational facilities needs.
24 (c)(d) To Provide proper legislative support for as
25 wide a range of fiscally sound financing methodologies as
26 possible for the delivery of educational facilities and, where
27 appropriate, for their construction, operation, and
28 maintenance.
29 (d) Establish a systematic process of sharing
30 information between school boards and local governments on the
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1 growth and development trends in their communities in order to
2 forecast future enrollment and school needs.
3 (e) Establish a systematic process by which school
4 boards and local governments can cooperatively plan for the
5 provision of educational facilities to meet the current and
6 projected needs of the public education system, including the
7 needs placed on the public education system as a result of
8 growth and development decisions by local governments.
9 (f) Establish a systematic process by which local
10 governments and school boards can cooperatively identify and
11 meet the infrastructure needs of public schools.
12 (2) The Legislature finds and declares that:
13 (a) Public schools are a linchpin to the vitality of
14 our communities and play a significant role in the thousands
15 of individual housing decisions that result in community
16 growth trends.
17 (b)(a) Growth and development issues transcend the
18 boundaries and responsibilities of individual units of
19 government, and often no single unit of government can plan or
20 implement policies to deal with these issues without affecting
21 other units of government.
22 (c)(b) The effective and efficient provision of public
23 educational facilities and services enhances is essential to
24 preserving and enhancing the quality of life of the people of
25 this state.
26 (d)(c) The provision of educational facilities often
27 impacts community infrastructure and services. Assuring
28 coordinated and cooperative provision of such facilities and
29 associated infrastructure and services is in the best interest
30 of the state.
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1 Section 16. Section 235.15, Florida Statutes, is
2 amended to read:
3 235.15 Educational plant survey; localized need
4 assessment; PECO project funding.--
5 (1) At least every 5 years, each board, including the
6 Board of Regents, shall arrange for an educational plant
7 survey, to aid in formulating plans for housing the
8 educational program and student population, faculty,
9 administrators, staff, and auxiliary and ancillary services of
10 the district or campus, including consideration of the local
11 comprehensive plan. The Division of Workforce Development
12 shall document the need for additional career and adult
13 education programs and the continuation of existing programs
14 before facility construction or renovation related to career
15 or adult education may be included in the educational plant
16 survey of a school district or community college that delivers
17 career or adult education programs. Information used by the
18 Division of Workforce Development to establish facility needs
19 must include, but need not be limited to, labor market data,
20 needs analysis, and information submitted by the school
21 district or community college.
22 (a) Survey preparation and required data.--Each survey
23 shall be conducted by the board or an agency employed by the
24 board. Surveys shall be reviewed and approved by the board,
25 and a file copy shall be submitted to the Office of
26 Educational Facilities of the Commissioner of Education. The
27 survey report shall include at least an inventory of existing
28 educational and ancillary plants; recommendations for existing
29 educational and ancillary plants, including safe access
30 facilities; recommendations for new educational or ancillary
31 plants, including the general location of each in coordination
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1 with the land use plan and safe access facilities; campus
2 master plan update and detail for community colleges; the
3 utilization of school plants based on an extended school day
4 or year-round operation; and such other information as may be
5 required by the rules of the State Board of Education. This
6 report may be amended, if conditions warrant, at the request
7 of the board or commissioner.
8 (b) Required need assessment criteria for district,
9 community college, and state university plant surveys.--Each
10 Educational plant surveys survey completed after December 31,
11 1997, must use uniform data sources and criteria specified in
12 this paragraph. Each educational plant survey completed after
13 June 30, 1995, and before January 1, 1998, must be revised, if
14 necessary, to comply with this paragraph. Each revised
15 educational plant survey and each new educational plant survey
16 supersedes previous surveys.
17 1. The school district's survey must be submitted as a
18 part of the district educational facilities plan defined in s.
19 235.185. Each school district's educational plant survey must
20 reflect the capacity of existing satisfactory facilities as
21 reported in the Florida Inventory of School Houses.
22 Projections of facility space needs may not exceed the norm
23 space and occupant design criteria established by the State
24 Requirements for Educational Facilities. Existing and
25 projected capital outlay full-time equivalent student
26 enrollment must be consistent with data prepared by the
27 department and must include all enrollment used in the
28 calculation of the distribution formula in s. 235.435(3). All
29 satisfactory relocatable classrooms, including those owned,
30 lease-purchased, or leased by the school district, shall be
31 included in the school district inventory of gross capacity of
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1 facilities and must be counted at actual student capacity for
2 purposes of the inventory. For future needs determination,
3 student capacity shall not be assigned to any relocatable
4 classroom that is scheduled for elimination or replacement
5 with a permanent educational facility in the adopted 5-year
6 educational plant survey and in the district facilities work
7 program adopted under s. 235.185. Those relocatables clearly
8 identified and scheduled for replacement in a school board
9 adopted financially feasible 5-year district facilities work
10 program shall be counted at zero capacity at the time the work
11 program is adopted and approved by the school board. However,
12 if the district facilities work program is changed or altered
13 and the relocatables are not replaced as scheduled in the work
14 program, they must then be reentered into the system for
15 counting at actual capacity. Relocatables may not be
16 perpetually added to the work program and continually extended
17 for purposes of circumventing the intent of this section. All
18 remaining relocatable classrooms, including those owned,
19 lease-purchased, or leased by the school district, shall be
20 counted at actual student capacity. The educational plant
21 survey shall identify the number of relocatable student
22 stations scheduled for replacement during the 5-year survey
23 period and the total dollar amount needed for that
24 replacement. All district educational plant surveys revised
25 after July 1, 1998, shall include information on leased space
26 used for conducting the district's instructional program, in
27 accordance with the recommendations of the department's report
28 authorized in s. 235.056. A definition of satisfactory
29 relocatable classrooms shall be established by rule of the
30 department.
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1 2. Each survey of a special facility, joint-use
2 facility, or cooperative vocational education facility must be
3 based on capital outlay full-time equivalent student
4 enrollment data prepared by the department for school
5 districts, by the Division of Community Colleges for community
6 colleges, and by the Board of Regents for state universities.
7 A survey of space needs of a joint-use facility shall be based
8 upon the respective space needs of the school districts,
9 community colleges, and universities, as appropriate.
10 Projections of a school district's facility space needs may
11 not exceed the norm space and occupant design criteria
12 established by the State Requirements for Educational
13 Facilities.
14 3. Each community college's survey must reflect the
15 capacity of existing facilities as specified in the inventory
16 maintained by the Division of Community Colleges. Projections
17 of facility space needs must comply with standards for
18 determining space needs as specified by rule of the State
19 Board of Education. The 5-year projection of capital outlay
20 student enrollment must be consistent with the annual report
21 of capital outlay full-time student enrollment prepared by the
22 Division of Community Colleges.
23 4. Each state university's survey must reflect the
24 capacity of existing facilities as specified in the inventory
25 maintained and validated by the Board of Regents. Projections
26 of facility space needs must be consistent with standards for
27 determining space needs approved by the Board of Regents. The
28 projected capital outlay full-time equivalent student
29 enrollment must be consistent with the 5-year planned
30 enrollment cycle for the State University System approved by
31 the Board of Regents.
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1 5. The district educational facilities plan
2 educational plant survey of a school district and the
3 educational plant survey of a, community college, or state
4 university may include space needs that deviate from approved
5 standards for determining space needs if the deviation is
6 justified by the district or institution and approved by the
7 department or the Board of Regents, as appropriate, as
8 necessary for the delivery of an approved educational program.
9 (c) Review and validation.--The Office of Educational
10 Facilities of the Commissioner of Education department shall
11 review and validate the surveys of school districts and
12 community colleges and any amendments thereto for compliance
13 with the requirements of this chapter and, when required by
14 the State Constitution, shall recommend those in compliance
15 for approval by the State Board of Education.
16 (2) Only the superintendent or the college president
17 shall certify to the Office of Educational Facilities of the
18 Commissioner of Education department a project's compliance
19 with the requirements for expenditure of PECO funds prior to
20 release of funds.
21 (a) Upon request for release of PECO funds for
22 planning purposes, certification must be made to the Office of
23 Educational Facilities of the Commissioner of Education
24 department that the need for and location of the facility are
25 in compliance with the board-approved survey recommendations,
26 and that the project meets the definition of a PECO project
27 and the limiting criteria for expenditures of PECO funding,
28 and the plan is consistent with the local government
29 comprehensive plan.
30 (b) Upon request for release of construction funds,
31 certification must be made to the Office of Educational
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1 Facilities of the Commissioner of Education department that
2 the need and location of the facility are in compliance with
3 the board-approved survey recommendations, that the project
4 meets the definition of a PECO project and the limiting
5 criteria for expenditures of PECO funding, and that the
6 construction documents meet the requirements of the State
7 Uniform Building Code for Educational Facilities Construction
8 or other applicable codes as authorized in this chapter.
9 Section 17. Subsection (3) of section 235.175, Florida
10 Statutes, is amended to read:
11 235.175 SMART schools; Classrooms First; legislative
12 purpose.--
13 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK
14 PROGRAMS.--It is the purpose of the Legislature to create s.
15 235.185, requiring each school district annually to adopt an
16 educational facilities plan that provides an integrated
17 long-range facilities plan, including the survey of projected
18 needs and the a district facilities 5-year work program. The
19 purpose of the educational facilities plan district facilities
20 work program is to keep the school board, local governments,
21 and the public fully informed as to whether the district is
22 using sound policies and practices that meet the essential
23 needs of students and that warrant public confidence in
24 district operations. The educational facilities plan district
25 facilities work program will be monitored by the SMART Schools
26 Clearinghouse, which will also apply performance standards
27 pursuant to s. 235.218.
28 Section 18. Section 235.18, Florida Statutes, is
29 amended to read:
30 235.18 Annual capital outlay budget.--Each board,
31 including the Board of Regents, shall, each year, adopt a
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1 capital outlay budget for the ensuing year in order that the
2 capital outlay needs of the board for the entire year may be
3 well understood by the public. This capital outlay budget
4 shall be a part of the annual budget and shall be based upon
5 and in harmony with the educational plant and ancillary
6 facilities plan. This budget shall designate the proposed
7 capital outlay expenditures by project for the year from all
8 fund sources. The board may not expend any funds on any
9 project not included in the budget, as amended. Each district
10 school board must prepare its tentative district education
11 facilities plan facilities work program as required by s.
12 235.185 before adopting the capital outlay budget.
13 Section 19. Section 235.185, Florida Statutes, is
14 amended to read:
15 235.185 School district educational facilities plan
16 work program; definitions; preparation, adoption, and
17 amendment; long-term work programs.--
18 (1) DEFINITIONS.--As used in this section, the term:
19 (a) "Adopted educational facilities plan" means the
20 comprehensive planning document that is adopted annually by
21 the district school board as provided in subsection (2) and
22 that contains the educational plant survey.
23 (a) "Adopted district facilities work program" means
24 the 5-year work program adopted by the district school board
25 as provided in subsection (3).
26 (b) "Tentative District facilities work program" means
27 the 5-year listing of capital outlay projects, adopted by the
28 district school board as provided in subparagraph (2)(a)2. and
29 paragraph (2)(b) as part of the district educational
30 facilities plan, which is required in order to:
31
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1 1. To Properly maintain the educational plant and
2 ancillary facilities of the district.
3 2. To Provide an adequate number of satisfactory
4 student stations for the projected student enrollment of the
5 district in K-12 programs in accordance with the goal in s.
6 235.062.
7 (c) "Tentative educational facilities plan" means the
8 comprehensive planning document prepared annually by the
9 district school board and submitted to the Office of
10 Educational Facilities of the Commissioner of Education and
11 the affected general-purpose local governments.
12 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
13 FACILITIES PLAN WORK PROGRAM.--
14 (a) Annually, prior to the adoption of the district
15 school budget, each school board shall prepare a tentative
16 district educational facilities plan that includes long-range
17 planning for facilities needs over 5-year, 10-year, and
18 20-year periods. The plan must be developed in coordination
19 with the general-purpose local governments and be consistent
20 with the local government comprehensive plans. The school
21 board's plan for provision of new schools must meet the needs
22 of all growing communities in the district, ranging from small
23 rural communities to large urban cities. The plan must include
24 work program that includes:
25 1. Projected student populations apportioned
26 geographically at the local level. The projections must be
27 based on information produced by the demographic, revenue, and
28 education estimating conferences pursuant to s. 216.136, where
29 available, as modified by the district based on development
30 data and agreement with the local governments and the Office
31 of Educational Facilities of the Commissioner of Education.
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1 The projections must be apportioned geographically with
2 assistance from the local governments using local development
3 trend data and the school district student enrollment data.
4 2. An inventory of existing school facilities. Any
5 anticipated expansions or closures of existing school sites
6 over the 5-year, 10-year, and 20-year periods must be
7 identified. The inventory must include an assessment of areas
8 proximate to existing schools and identification of the need
9 for improvements to infrastructure, safety, including safe
10 access routes, and conditions in the community. The plan must
11 also provide a listing of major repairs and renovation
12 projects anticipated over the period of the plan.
13 3. Projections of facilities space needs, which may
14 not exceed the norm space and occupant design criteria
15 established in the State Requirements for Educational
16 Facilities.
17 4. Information on leased, loaned, and donated space
18 and relocatables used for conducting the district's
19 instructional programs.
20 5. The general location of public schools proposed to
21 be constructed over the 5-year, 10-year, and 20-year time
22 periods, including a listing of the proposed schools' site
23 acreage needs and anticipated capacity and maps showing the
24 general locations. The school board's identification of
25 general locations of future school sites must be based on the
26 school siting requirements of s. 163.3177(6)(a) and policies
27 in the comprehensive plan which provide guidance for
28 appropriate locations for school sites.
29 6. The identification of options deemed reasonable and
30 approved by the school board which reduce the need for
31
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1 additional permanent student stations. Such options may
2 include, but need not be limited to:
3 a. Acceptable capacity;
4 b. Redistricting;
5 c. Busing;
6 d. Year-round schools; and
7 e. Charter schools.
8 7. The criteria and method, jointly determined by the
9 local government and the school board, for determining the
10 impact to public school capacity in response to a local
11 government request for a report pursuant to s. 235.193(4).
12 (b) The plan must also include a financially feasible
13 district facilities work program for a 5-year period. The work
14 program must include:
15 1. A schedule of major repair and renovation projects
16 necessary to maintain the educational facilities plant and
17 ancillary facilities of the district.
18 2. A schedule of capital outlay projects necessary to
19 ensure the availability of satisfactory student stations for
20 the projected student enrollment in K-12 programs. This
21 schedule shall consider:
22 a. The locations, capacities, and planned utilization
23 rates of current educational facilities of the district. The
24 capacity of existing satisfactory facilities, as reported in
25 the Florida Inventory of School Houses must be compared to the
26 capital outlay full-time-equivalent student enrollment as
27 determined by the department including all enrollment used in
28 the calculation of the distribution formula in s. 235.435(3).
29 b. The proposed locations of planned facilities,
30 whether those locations are consistent with the comprehensive
31 plans of all affected local governments, and recommendations
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1 for infrastructure and other improvements to land adjacent to
2 existing facilities. The provisions of ss. 235.19 and
3 235.193(6), (7), and (8) must be addressed for new facilities
4 planned within the first 3 years of the work plan, as
5 appropriate.
6 c. Plans for the use and location of relocatable
7 facilities, leased facilities, and charter school facilities.
8 d. Plans for multitrack scheduling, grade level
9 organization, block scheduling, or other alternatives that
10 reduce the need for additional permanent student stations.
11 e. Information concerning average class size and
12 utilization rate by grade level within the district which that
13 will result if the tentative district facilities work program
14 is fully implemented. The average shall not include
15 exceptional student education classes or prekindergarten
16 classes.
17 f. The number and percentage of district students
18 planned to be educated in relocatable facilities during each
19 year of the tentative district facilities work program. For
20 determining future needs, student capacity may not be assigned
21 to any relocatable classroom that is scheduled for elimination
22 or replacement with a permanent educational facility in the
23 current year of the adopted district educational facilities
24 plan and in the district facilities work program adopted under
25 this section. Those relocatable classrooms clearly identified
26 and scheduled for replacement in a school-board-adopted,
27 financially feasible, 5-year district facilities work program
28 shall be counted at zero capacity at the time the work program
29 is adopted and approved by the school board. However, if the
30 district facilities work program is changed and the
31 relocatable classrooms are not replaced as scheduled in the
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1 work program, the classrooms must be reentered into the system
2 and be counted at actual capacity. Relocatable classrooms may
3 not be perpetually added to the work program or continually
4 extended for purposes of circumventing this section. All
5 relocatable classrooms not identified and scheduled for
6 replacement, including those owned, lease-purchased, or leased
7 by the school district, must be counted at actual student
8 capacity. The district educational facilities plan must
9 identify the number of relocatable student stations scheduled
10 for replacement during the 5-year survey period and the total
11 dollar amount needed for that replacement.
12 g. Plans for the closure of any school, including
13 plans for disposition of the facility or usage of facility
14 space, and anticipated revenues.
15 h. Projects for which capital outlay and debt service
16 funds accruing under s. 9(d), Art. XII of the State
17 Constitution are to be used shall be identified separately in
18 priority order on a project priority list within the district
19 facilities work program.
20 3. The projected cost for each project identified in
21 the tentative district facilities work program. For proposed
22 projects for new student stations, a schedule shall be
23 prepared comparing the planned cost and square footage for
24 each new student station, by elementary, middle, and high
25 school levels, to the low, average, and high cost of
26 facilities constructed throughout the state during the most
27 recent fiscal year for which data is available from the
28 Department of Education.
29 4. A schedule of estimated capital outlay revenues
30 from each currently approved source which is estimated to be
31
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1 available for expenditure on the projects included in the
2 tentative district facilities work program.
3 5. A schedule indicating which projects included in
4 the tentative district facilities work program will be funded
5 from current revenues projected in subparagraph 4.
6 6. A schedule of options for the generation of
7 additional revenues by the district for expenditure on
8 projects identified in the tentative district facilities work
9 program which are not funded under subparagraph 5. Additional
10 anticipated revenues may include effort index grants, SIT
11 Program awards, and Classrooms First funds.
12 (c)(b) To the extent available, the tentative district
13 educational facilities plan work program shall be based on
14 information produced by the demographic, revenue, and
15 education estimating conferences pursuant to s. 216.136.
16 (d)(c) Provision shall be made for public comment
17 concerning the tentative district educational facilities plan
18 work program.
19 (e) The district school board shall coordinate with
20 each affected local government to ensure consistency between
21 the tentative district educational facilities plan and the
22 local government comprehensive plans of the affected local
23 governments during the development of the tentative district
24 educational facilities plan.
25 (f) Commencing on October 1, 2001, and not less than
26 once every 5 years thereafter, the district school board shall
27 contract with a qualified, independent third party to conduct
28 a financial management and performance audit of the
29 educational planning and construction activities of the
30 district. An audit conducted by the Auditor General satisfies
31 this requirement.
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1 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
2 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school
3 board shall submit a copy of its tentative district
4 educational facilities plan to all affected local governments
5 prior to adoption by the board. The affected local governments
6 shall review the tentative district educational facilities
7 plan and comment to the district school board on the
8 consistency of the plan with the local comprehensive plan,
9 whether a comprehensive plan amendment will be necessary for
10 any proposed educational facility, and whether the local
11 government supports a necessary comprehensive plan amendment.
12 If the local government does not support a comprehensive plan
13 amendment for a proposed educational facility, the matter
14 shall be resolved pursuant to the interlocal agreement
15 required by ss. 163.31776(4) and 235.193(2). The process for
16 the submittal and review shall be detailed in the interlocal
17 agreement required pursuant to ss. 163.31776(4) and
18 235.193(2).
19 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN
20 WORK PROGRAM.--Annually, the district school board shall
21 consider and adopt the tentative district educational
22 facilities plan work program completed pursuant to subsection
23 (2). Upon giving proper public notice to the public and local
24 governments and opportunity for public comment, the district
25 school board may amend the plan program to revise the priority
26 of projects, to add or delete projects, to reflect the impact
27 of change orders, or to reflect the approval of new revenue
28 sources which may become available. The adopted district
29 educational facilities plan work program shall:
30 (a) Be a complete, balanced, and financially feasible
31 capital outlay financial plan for the district.
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1 (b) Set forth the proposed commitments and planned
2 expenditures of the district to address the educational
3 facilities needs of its students and to adequately provide for
4 the maintenance of the educational plant and ancillary
5 facilities, including safe access ways from neighborhoods to
6 schools.
7 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL
8 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted
9 district educational facilities plan work program shall
10 constitute the capital outlay budget required in s. 235.18.
11 The adopted district educational facilities plan work program
12 shall include the information required in subparagraphs
13 (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects
14 actually funded in the program.
15 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to
16 the adopted district facilities work program covering the
17 5-year work program, the district school board shall adopt
18 annually a 10-year and a 20-year work program which include
19 the information set forth in subsection (2), but based upon
20 enrollment projections and facility needs for the 10-year and
21 20-year periods. It is recognized that the projections in the
22 10-year and 20-year timeframes are tentative and should be
23 used only for general planning purposes.
24 Section 20. Section 235.188, Florida Statutes, is
25 amended to read:
26 235.188 Full bonding required to participate in
27 programs.--Any district with unused bonding capacity in its
28 Capital Outlay and Debt Service Trust Fund allocation that
29 certifies in its district educational facilities plan work
30 program that it will not be able to meet all of its need for
31 new student stations within existing revenues must fully bond
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1 its Capital Outlay and Debt Service Trust Fund allocation
2 before it may participate in Classrooms First, the School
3 Infrastructure Thrift (SIT) Program, or the Effort Index
4 Grants Program.
5 Section 21. Section 235.19, Florida Statutes, is
6 amended to read:
7 235.19 Site planning and selection.--
8 (1) If the school board and local government have
9 entered into an interlocal agreement pursuant to ss.
10 163.31776(4) and 235.193(2) and have developed a process to
11 ensure consistency between the local government comprehensive
12 plan and the school district educational facilities plan and a
13 method to coordinate decisionmaking and approved activities
14 relating to school planning and site selection, the provisions
15 of this section do not apply to such school board and local
16 government.
17 (2)(1) Before acquiring property for sites, each board
18 shall determine the location of proposed educational centers
19 or campuses for the board. In making this determination, the
20 board shall consider existing and anticipated site needs and
21 the most economical and practicable locations of sites. The
22 board shall coordinate with the long-range or comprehensive
23 plans of local, regional, and state governmental agencies to
24 assure the consistency compatibility of such plans with site
25 planning. Boards are encouraged to locate schools proximate to
26 urban residential areas to the extent possible, and shall seek
27 to collocate schools with other public facilities, such as
28 parks, libraries, and community centers, to the extent
29 possible and to encourage using elementary schools as focal
30 points for neighborhoods.
31
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1 (3)(2) Each new site selected must be adequate in size
2 to meet the educational needs of the students to be served on
3 that site by the original educational facility or future
4 expansions of the facility through renovation or the addition
5 of relocatables. The Commissioner of Education shall prescribe
6 by rule recommended sizes for new sites according to
7 categories of students to be housed and other appropriate
8 factors determined by the commissioner. Less-than-recommended
9 site sizes are allowed if the board, by a two-thirds majority,
10 recommends such a site and finds that it can provide an
11 appropriate and equitable educational program on the site.
12 (4)(3) Sites recommended for purchase, or purchased,
13 in accordance with chapter 230 or chapter 240 must meet
14 standards prescribed therein and such supplementary standards
15 as the school board commissioner prescribes to promote the
16 educational interests of the students. Each site must be well
17 drained and suitable for outdoor educational purposes as
18 appropriate for the educational program or colocated with
19 facilities to serve this purpose. As provided in s. 333.03,
20 the site must not be located within any path of flight
21 approach of any airport. Insofar as is practicable, the site
22 must not adjoin a right-of-way of any railroad or through
23 highway and must not be adjacent to any factory or other
24 property from which noise, odors, or other disturbances, or at
25 which conditions, would be likely to interfere with the
26 educational program. To the extent practicable, sites must be
27 chosen that will provide safe access from neighborhoods to
28 schools.
29 (5)(4) It shall be the responsibility of the board to
30 provide adequate notice to appropriate municipal, county,
31 regional, and state governmental agencies for requested
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1 traffic control and safety devices so they can be installed
2 and operating prior to the first day of classes or to satisfy
3 itself that every reasonable effort has been made in
4 sufficient time to secure the installation and operation of
5 such necessary devices prior to the first day of classes. It
6 shall also be the responsibility of the board to review
7 annually traffic control and safety device needs and to
8 request all necessary changes indicated by such review.
9 (6)(5) Each board may request county and municipal
10 governments to construct and maintain sidewalks and bicycle
11 trails within a 2-mile radius of each educational facility
12 within the jurisdiction of the local government. When a board
13 discovers or is aware of an existing hazard on or near a
14 public sidewalk, street, or highway within a 2-mile radius of
15 a school site and the hazard endangers the life or threatens
16 the health or safety of students who walk, ride bicycles, or
17 are transported regularly between their homes and the school
18 in which they are enrolled, the board shall, within 24 hours
19 after discovering or becoming aware of the hazard, excluding
20 Saturdays, Sundays, and legal holidays, report such hazard to
21 the governmental entity within the jurisdiction of which the
22 hazard is located. Within 5 days after receiving notification
23 by the board, excluding Saturdays, Sundays, and legal
24 holidays, the governmental entity shall investigate the
25 hazardous condition and either correct it or provide such
26 precautions as are practicable to safeguard students until the
27 hazard can be permanently corrected. However, if the
28 governmental entity that has jurisdiction determines upon
29 investigation that it is impracticable to correct the hazard,
30 or if the entity determines that the reported condition does
31 not endanger the life or threaten the health or safety of
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1 students, the entity shall, within 5 days after notification
2 by the board, excluding Saturdays, Sundays, and legal
3 holidays, inform the board in writing of its reasons for not
4 correcting the condition. The governmental entity, to the
5 extent allowed by law, shall indemnify the board from any
6 liability with respect to accidents or injuries, if any,
7 arising out of the hazardous condition.
8 Section 22. Section 235.193, Florida Statutes, is
9 amended to read:
10 235.193 Coordination of planning with local governing
11 bodies.--
12 (1) It is the policy of this state to require the
13 coordination of planning between boards and local governing
14 bodies to ensure that plans for the construction and opening
15 of public educational facilities are facilitated and
16 coordinated in time and place with plans for residential
17 development, concurrently with other necessary services. Such
18 planning shall include the integration of the educational
19 facilities plan plant survey and applicable policies and
20 procedures of a board with the local comprehensive plan and
21 land development regulations of local governments governing
22 bodies. The planning must include the consideration of
23 allowing students to attend the school located nearest their
24 homes when a new housing development is constructed near a
25 county boundary and it is more feasible to transport the
26 students a short distance to an existing facility in an
27 adjacent county than to construct a new facility or transport
28 students longer distances in their county of residence. The
29 planning must also consider the effects of the location of
30 public education facilities, including the feasibility of
31 keeping central city facilities viable, in order to encourage
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1 central city redevelopment and the efficient use of
2 infrastructure and to discourage uncontrolled urban sprawl. In
3 addition, all parties to the planning process must consult
4 with state and local road departments to assist in
5 implementing the Safe Paths to Schools program administered by
6 the Department of Transportation.
7 (2) No later than 6 months prior to the transmittal of
8 a public educational facilities element by general purpose
9 local governments meeting the criteria of s. 163.31776(3), the
10 school district, the county, and the non-exempt municipalities
11 shall enter into an interlocal agreement that establishes a
12 process for developing coordinated and consistent local
13 government public educational facilities elements and a
14 district educational facilities plan, including a process:
15 (a) By which each local government and the school
16 district agree and base the local government comprehensive
17 plan and educational facilities plan on consistent projections
18 of the amount, type, and distribution of population growth and
19 student enrollment.
20 (b) To coordinate and share information relating to
21 existing and planned public school facilities and local
22 government plans for development and redevelopment.
23 (c) To ensure that school-siting decisions by the
24 school board are consistent with the local comprehensive plan,
25 including appropriate circumstances and criteria under which a
26 school district may request an amendment to the comprehensive
27 plan for school siting, and to ensure early involvement by the
28 local government as the school board identifies potential
29 school sites.
30 (d) To coordinate and provide timely formal comments
31 during the development, adoption, and amendment of each local
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1 government's public educational facilities element and the
2 educational facilities plan of the school district to ensure a
3 uniform, countywide school facility planning system.
4 (e) For school-district participation in the review of
5 comprehensive plan amendments and rezonings that increase
6 residential density and that are reasonably expected to have
7 an impact on public school facility demand pursuant to s.
8 163.31777. The interlocal agreement must specify how the
9 school board and local governments will develop the
10 methodology and the criteria for determining whether school
11 facility capacity will be reasonably available at the time of
12 projected school impacts, including uniform, districtwide
13 level-of-service standards for all public schools of the same
14 type and availability standards for public schools. The
15 interlocal agreement shall ensure that consistent criteria and
16 capacity-determination methodologies including student
17 generation multipliers are adopted into the school board's
18 district educational facilities plan and the local
19 government's public educational facilities element. The
20 interlocal agreement shall also set forth the process and
21 uniform methodology for determining proportionate-share
22 mitigation pursuant to s. 163.31777.
23 (f) For the resolution of disputes between the school
24 district and local governments.
25
26 Any school board entering into an interlocal agreement for the
27 purpose of adopting public school concurrency prior to the
28 effective date of this act is not required to amend the
29 interlocal agreement to conform to the provisions of this
30 subsection if the comprehensive plan amendment adopting public
31
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1 school concurrency is ultimately determined to be in
2 compliance.
3 (3) Failure to enter into an interlocal agreement as
4 required by s. 235.193(2) shall result in the withholding of
5 funds for school construction available pursuant to ss.
6 235.187, 235.216, 235.2195, and 235.42 and a prohibition from
7 siting schools. Before the Office of Educational Facilities of
8 the Commissioner of Education may withhold any funds, the
9 office shall provide the school board with a notice of intent
10 to withhold funds, which the school board may appeal under
11 chapter 120. The office shall withhold funds when a final
12 order is issued finding that the school board has failed to
13 enter into an interlocal agreement that meets the requirements
14 of this section.
15 (4) The school board shall report to the local
16 government on school capacity when the local government
17 notifies the school board that it is reviewing an application
18 for a comprehensive plan amendment or a rezoning that seeks to
19 increase residential density. The report must provide data and
20 analysis as required by s. 163.31777(2) for the local
21 government's review of the proposed plan amendment or
22 rezoning.
23 (5)(2) A school board and the local governing body
24 must share and coordinate information related to existing and
25 planned public school facilities; proposals for development,
26 redevelopment, or additional development; and infrastructure
27 required to support the public school facilities, concurrent
28 with proposed development. A school board shall use
29 information produced by the demographic, revenue, and
30 education estimating conferences pursuant to s. 216.136
31 Department of Education enrollment projections when preparing
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1 the 5-year district educational facilities plan work program
2 pursuant to s. 235.185, as modified and agreed to by the local
3 governments and the Office of Educational Facilities of the
4 Commissioner of Education, in and a school board shall
5 affirmatively demonstrate in the educational facilities report
6 consideration of local governments' population projections, to
7 ensure that the district educational facilities plan 5-year
8 work program not only reflects enrollment projections but also
9 considers applicable municipal and county growth and
10 development projections. The projections shall be apportioned
11 geographically with assistance from the local governments
12 using local government trend data and the school district
13 student enrollment data. A school board is precluded from
14 siting a new school in a jurisdiction where the school board
15 has failed to provide the annual educational facilities plan
16 report for the prior year required pursuant to s. 235.185 s.
17 235.194 unless the failure is corrected.
18 (6)(3) The location of public educational facilities
19 shall be consistent with the comprehensive plan of the
20 appropriate local governing body developed under part II of
21 chapter 163 and consistent with the plan's implementing land
22 development regulations, to the extent that the regulations
23 are not in conflict with or the subject regulated is not
24 specifically addressed by this chapter or the State Uniform
25 Building Code, unless mutually agreed by the local government
26 and the board.
27 (7)(4) To improve coordination relative to potential
28 educational facility sites, a board shall provide written
29 notice to the local government that has regulatory authority
30 over the use of the land at least 120 60 days prior to
31 acquiring or leasing property that may be used for a new
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1 public educational facility. The local government, upon
2 receipt of this notice, shall notify the board within 45 days
3 if the site proposed for acquisition or lease is consistent
4 with the land use categories and policies of the local
5 government's comprehensive plan. This preliminary notice does
6 not constitute the local government's determination of
7 consistency pursuant to subsection (8) (5).
8 (8)(5) As early in the design phase as feasible, but
9 at least before commencing construction of a new public
10 educational facility, the local governing body that regulates
11 the use of land shall determine, in writing within 90 days
12 after receiving the necessary information and a school board's
13 request for a determination, whether a proposed public
14 educational facility is consistent with the local
15 comprehensive plan and consistent with local land development
16 regulations, to the extent that the regulations are not in
17 conflict with or the subject regulated is not specifically
18 addressed by this chapter or the State Uniform Building Code,
19 unless mutually agreed. If the determination is affirmative,
20 school construction may proceed and further local government
21 approvals are not required, except as provided in this
22 section. Failure of the local governing body to make a
23 determination in writing within 90 days after a school board's
24 request for a determination of consistency shall be considered
25 an approval of the school board's application.
26 (9)(6) A local governing body may not deny the site
27 applicant based on adequacy of the site plan as it relates
28 solely to the needs of the school. If the site is consistent
29 with the comprehensive plan's future land use policies and
30 categories in which public schools are identified as allowable
31 uses, the local government may not deny the application but it
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1 may impose reasonable development standards and conditions in
2 accordance with s. 235.34(1) and consider the site plan and
3 its adequacy as it relates to environmental concerns, health,
4 safety and welfare, and effects on adjacent property.
5 Standards and conditions may not be imposed which conflict
6 with those established in this chapter or the State Uniform
7 Building Code, unless mutually agreed.
8 (10)(7) This section does not prohibit a local
9 governing body and district school board from agreeing and
10 establishing an alternative process for reviewing a proposed
11 educational facility and site plan, and offsite impacts
12 pursuant to an interlocal agreement adopted in accordance with
13 this section.
14 (11)(8) Existing schools shall be considered
15 consistent with the applicable local government comprehensive
16 plan adopted under part II of chapter 163. The collocation of
17 a new proposed public educational facility with an existing
18 public educational facility, or the expansion of an existing
19 public educational facility is not inconsistent with the local
20 comprehensive plan, if the site is consistent with the
21 comprehensive plan's future land use policies and categories
22 in which public schools are identified as allowable uses, and
23 levels of service adopted by the local government for any
24 facilities affected by the proposed location for the new
25 facility are maintained. If a board submits an application to
26 expand an existing school site, the local governing body may
27 impose reasonable development standards and conditions on the
28 expansion only, and in a manner consistent with s. 235.34(1).
29 Standards and conditions may not be imposed which conflict
30 with those established in this chapter or the State Uniform
31
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1 Building Code, unless mutually agreed. Local government review
2 or approval is not required for:
3 (a) The placement of temporary or portable classroom
4 facilities; or
5 (b) Proposed renovation or construction on existing
6 school sites, with the exception of construction that changes
7 the primary use of a facility, includes stadiums, or results
8 in a greater than 5 percent increase in student capacity, or
9 as mutually agreed.
10 Section 23. Section 235.194, Florida Statutes, is
11 repealed.
12 Section 24. Section 235.218, Florida Statutes, is
13 amended to read:
14 235.218 School district educational facilities plan
15 work program performance and productivity standards;
16 development; measurement; application.--
17 (1) The SMART Schools Clearinghouse shall develop and
18 adopt measures for evaluating the performance and productivity
19 of school district educational facilities plans work programs.
20 The measures may be both quantitative and qualitative and
21 must, to the maximum extent practical, assess those factors
22 that are within the districts' control. The measures must, at
23 a minimum, assess performance in the following areas:
24 (a) Frugal production of high-quality projects.
25 (b) Efficient finance and administration.
26 (c) Optimal school and classroom size and utilization
27 rate.
28 (d) Safety.
29 (e) Core facility space needs and cost-effective
30 capacity improvements that consider demographic projections.
31 (f) Level of district local effort.
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1 (2) The clearinghouse shall establish annual
2 performance objectives and standards that can be used to
3 evaluate district performance and productivity.
4 (3) The clearinghouse shall conduct ongoing
5 evaluations of district educational facilities program
6 performance and productivity, using the measures adopted under
7 this section. If, using these measures, the clearinghouse
8 finds that a district failed to perform satisfactorily, the
9 clearinghouse must recommend to the district school board
10 actions to be taken to improve the district's performance.
11 Section 25. Section 235.321, Florida Statutes, is
12 amended to read:
13 235.321 Changes in construction requirements after
14 award of contract.--The board may, at its option and by
15 written policy duly adopted and entered in its official
16 minutes, authorize the superintendent or president or other
17 designated individual to approve change orders in the name of
18 the board for preestablished amounts. Approvals shall be for
19 the purpose of expediting the work in progress and shall be
20 reported to the board and entered in its official minutes. For
21 accountability, the school district shall monitor and report
22 the impact of change orders on its district educational
23 facilities plan work program pursuant to s. 235.185.
24 Section 26. Paragraph (d) of subsection (5) of section
25 236.25, Florida Statutes, is amended to read:
26 236.25 District school tax.--
27 (5)
28 (d) Notwithstanding any other provision of this
29 subsection, if through its adopted educational facilities plan
30 work program a district has clearly identified the need for an
31 ancillary plant, has provided opportunity for public input as
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1 to the relative value of the ancillary plant versus an
2 educational plant, and has obtained public approval, the
3 district may use revenue generated by the millage levy
4 authorized by subsection (2) for the construction, renovation,
5 remodeling, maintenance, or repair of an ancillary plant.
6
7 A district that violates these expenditure restrictions shall
8 have an equal dollar reduction in funds appropriated to the
9 district under s. 236.081 in the fiscal year following the
10 audit citation. The expenditure restrictions do not apply to
11 any school district that certifies to the Commissioner of
12 Education that all of the district's instructional space needs
13 for the next 5 years can be met from capital outlay sources
14 that the district reasonably expects to receive during the
15 next 5 years or from alternative scheduling or construction,
16 leasing, rezoning, or technological methodologies that exhibit
17 sound management.
18 Section 27. Section 236.255, Florida Statutes, is
19 created to read:
20 236.255 School District Guaranty Program.--The School
21 District Guaranty Program is created. The purpose of the
22 program is to provide school districts a means to enhance
23 their credit and borrowing capacity to the extent of their
24 authorized millage for the purpose of issuing certificates of
25 participation. A district school board may request the
26 financial backing of the state or county in the issuance of
27 certificates of participation. Any such financial backing by
28 the state or county is optional and shall be limited to the
29 financial backing of amounts in excess of 50 percent of the
30 school board's authorized millage. However, nothing in this
31 section allows a district school board to exceed the payment
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1 limits established in s. 236.25(2)(e). The school board must
2 submit its request to the State Board of Education or the
3 board of county commissioners, as applicable. The State Board
4 of Education or the board of county commissioners may grant
5 such financial backing based on the availability of funds
6 appropriated or otherwise set aside for that purpose.
7 Section 28. Subsection (12), paragraph (c) of
8 subsection (15), and subsections (18) and (19) of section
9 380.06, Florida Statutes, are amended to read:
10 380.06 Developments of regional impact.--
11 (12) REGIONAL REPORTS.--
12 (a) Within 50 days after receipt of the notice of
13 public hearing required in paragraph (11)(c), the regional
14 planning agency, if one has been designated for the area
15 including the local government, shall prepare and submit to
16 the local government a report and recommendations on the
17 regional impact of the proposed development. In preparing its
18 report and recommendations, the regional planning agency shall
19 identify regional issues based upon the following review
20 criteria and make recommendations to the local government on
21 these regional issues, specifically considering whether, and
22 the extent to which:
23 1. The development will have a favorable or
24 unfavorable impact on state or regional resources or
25 facilities identified in the applicable state or regional
26 plans. For the purposes of this subsection, "applicable state
27 plan" means the state comprehensive plan. For the purposes of
28 this subsection, "applicable regional plan" means an adopted
29 comprehensive regional policy plan until the adoption of a
30 strategic regional policy plan pursuant to s. 186.508, and
31 thereafter means an adopted strategic regional policy plan.
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1 2. The development will significantly impact adjacent
2 jurisdictions. At the request of the appropriate local
3 government, regional planning agencies may also review and
4 comment upon issues that affect only the requesting local
5 government.
6 3. As one of the issues considered in the review in
7 subparagraphs 1. and 2., the development will favorably or
8 adversely affect the ability of people to find adequate
9 housing reasonably accessible to their places of employment.
10 The determination should take into account information on
11 factors that are relevant to the availability of reasonably
12 accessible adequate housing. Adequate housing means housing
13 that is available for occupancy and that is not substandard.
14 (b) At the request of the regional planning agency,
15 other appropriate agencies shall review the proposed
16 development and shall prepare reports and recommendations on
17 issues that are clearly within the jurisdiction of those
18 agencies. Such agency reports shall become part of the
19 regional planning agency report; however, the regional
20 planning agency may attach dissenting views. When water
21 management district and Department of Environmental Protection
22 permits have been issued pursuant to chapter 373 or chapter
23 403, the regional planning council may comment on the regional
24 implications of the permits but may not offer conflicting
25 recommendations.
26 (c) The regional planning agency shall afford the
27 developer or any substantially affected party reasonable
28 opportunity to present evidence to the regional planning
29 agency head relating to the proposed regional agency report
30 and recommendations.
31
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1 (d) Where the location of a proposed development
2 involves land within the boundaries of multiple regional
3 planning councils, the state land planning agency shall
4 designate a lead regional planning council. The lead regional
5 planning council shall prepare the regional report.
6 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
7 (c) The development order shall include findings of
8 fact and conclusions of law consistent with subsections (13)
9 and (14). The development order:
10 1. Shall specify the monitoring procedures and the
11 local official responsible for assuring compliance by the
12 developer with the development order.
13 2. Shall establish compliance dates for the
14 development order, including a deadline for commencing
15 physical development and for compliance with conditions of
16 approval or phasing requirements, and shall include a
17 termination date that reasonably reflects the time required to
18 complete the development.
19 3. Shall establish a date until which the local
20 government agrees that the approved development of regional
21 impact shall not be subject to downzoning, unit density
22 reduction, or intensity reduction, unless the local government
23 can demonstrate that substantial changes in the conditions
24 underlying the approval of the development order have occurred
25 or the development order was based on substantially inaccurate
26 information provided by the developer or that the change is
27 clearly established by local government to be essential to the
28 public health, safety, or welfare.
29 4. Shall specify the requirements for the biennial
30 annual report designated under subsection (18), including the
31 date of submission, parties to whom the report is submitted,
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1 and contents of the report, based upon the rules adopted by
2 the state land planning agency. Such rules shall specify the
3 scope of any additional local requirements that may be
4 necessary for the report.
5 5. May specify the types of changes to the development
6 which shall require submission for a substantial deviation
7 determination under subsection (19).
8 6. Shall include a legal description of the property.
9 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
10 submit a biennial an annual report on the development of
11 regional impact to the local government, the regional planning
12 agency, the state land planning agency, and all affected
13 permit agencies in alternate years on the date specified in
14 the development order, unless the development order by its
15 terms requires more frequent monitoring. If the annual report
16 is not received, the regional planning agency or the state
17 land planning agency shall notify the local government. If
18 the local government does not receive the biennial annual
19 report or receives notification that the regional planning
20 agency or the state land planning agency has not received the
21 report, the local government shall request in writing that the
22 developer submit the report within 30 days. The failure to
23 submit the report after 30 days shall result in the temporary
24 suspension of the development order by the local government.
25 If no additional development pursuant to the development order
26 has occurred since the submission of the previous report, a
27 letter from the developer stating that no development has
28 occurred satisfies the requirement for a report. Development
29 orders that require annual reports may be amended to require
30 biennial reports at the option of the local government.
31 (19) SUBSTANTIAL DEVIATIONS.--
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1 (a) Any proposed change to a previously approved
2 development which creates a reasonable likelihood of
3 additional regional impact, or any type of regional impact
4 created by the change not previously reviewed by the regional
5 planning agency, shall constitute a substantial deviation and
6 shall cause the development to be subject to further
7 development-of-regional-impact review. There are a variety of
8 reasons why a developer may wish to propose changes to an
9 approved development of regional impact, including changed
10 market conditions. The procedures set forth in this
11 subsection are for that purpose.
12 (b) Any proposed change to a previously approved
13 development of regional impact or development order condition
14 which, either individually or cumulatively with other changes,
15 exceeds any of the following criteria shall constitute a
16 substantial deviation and shall cause the development to be
17 subject to further development-of-regional-impact review
18 without the necessity for a finding of same by the local
19 government:
20 1. An increase in the number of parking spaces at an
21 attraction or recreational facility by 5 percent or 300
22 spaces, whichever is greater, or an increase in the number of
23 spectators that may be accommodated at such a facility by 5
24 percent or 1,000 spectators, whichever is greater.
25 2. A new runway, a new terminal facility, a 25-percent
26 lengthening of an existing runway, or a 25-percent increase in
27 the number of gates of an existing terminal, but only if the
28 increase adds at least three additional gates. However, if an
29 airport is located in two counties, a 10-percent lengthening
30 of an existing runway or a 20-percent increase in the number
31 of gates of an existing terminal is the applicable criteria.
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1 3. An increase in the number of hospital beds by 5
2 percent or 60 beds, whichever is greater.
3 4. An increase in industrial development area by 5
4 percent or 32 acres, whichever is greater.
5 5. An increase in the average annual acreage mined by
6 5 percent or 10 acres, whichever is greater, or an increase in
7 the average daily water consumption by a mining operation by 5
8 percent or 300,000 gallons, whichever is greater. An increase
9 in the size of the mine by 5 percent or 750 acres, whichever
10 is less.
11 6. An increase in land area for office development by
12 5 percent or 6 acres, whichever is greater, or an increase of
13 gross floor area of office development by 5 percent or 60,000
14 gross square feet, whichever is greater.
15 7. An increase in the storage capacity for chemical or
16 petroleum storage facilities by 5 percent, 20,000 barrels, or
17 7 million pounds, whichever is greater.
18 8. An increase of development at a waterport of wet
19 storage for 20 watercraft, dry storage for 30 watercraft, or
20 wet/dry storage for 60 watercraft in an area identified in the
21 state marina siting plan as an appropriate site for additional
22 waterport development or a 5-percent increase in watercraft
23 storage capacity, whichever is greater.
24 9. An increase in the number of dwelling units by 5
25 percent or 50 dwelling units, whichever is greater.
26 10. An increase in commercial development by 6 acres
27 of land area or by 50,000 square feet of gross floor area, or
28 of parking spaces provided for customers for 300 cars or a
29 5-percent increase of either any of these, whichever is
30 greater.
31
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1 11. An increase in hotel or motel facility units by 5
2 percent or 75 units, whichever is greater.
3 12. An increase in a recreational vehicle park area by
4 5 percent or 100 vehicle spaces, whichever is less.
5 13. A decrease in the area set aside for open space of
6 5 percent or 20 acres, whichever is less.
7 14. A proposed increase to an approved multiuse
8 development of regional impact where the sum of the increases
9 of each land use as a percentage of the applicable substantial
10 deviation criteria is equal to or exceeds 100 percent. The
11 percentage of any decrease in the amount of open space shall
12 be treated as an increase for purposes of determining when 100
13 percent has been reached or exceeded.
14 15. A 15-percent increase in the number of external
15 vehicle trips generated by the development above that which
16 was projected during the original
17 development-of-regional-impact review.
18 16. Any change which would result in development of
19 any area which was specifically set aside in the application
20 for development approval or in the development order for
21 preservation or special protection of endangered or threatened
22 plants or animals designated as endangered, threatened, or
23 species of special concern and their habitat, primary dunes,
24 or archaeological and historical sites designated as
25 significant by the Division of Historical Resources of the
26 Department of State. The further refinement of such areas by
27 survey shall be considered under sub-subparagraph (e)5.b.
28
29 The substantial deviation numerical standards in subparagraphs
30 4., 6., 10., 14., excluding residential uses, and 15., are
31 increased by 100 percent for a project certified under s.
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1 403.973 which creates jobs and meets criteria established by
2 the Office of Tourism, Trade, and Economic Development as to
3 its impact on an area's economy, employment, and prevailing
4 wage and skill levels. The substantial deviation numerical
5 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
6 increased by 50 percent for a project located wholly within an
7 urban infill and redevelopment area designated on the
8 applicable adopted local comprehensive plan future land use
9 map and not located within the coastal high hazard area.
10 (c) An extension of the date of buildout of a
11 development, or any phase thereof, by 7 or more years shall be
12 presumed to create a substantial deviation subject to further
13 development-of-regional-impact review. An extension of the
14 date of buildout, or any phase thereof, of 5 years or more but
15 less than 7 years shall be presumed not to create a
16 substantial deviation. These presumptions may be rebutted by
17 clear and convincing evidence at the public hearing held by
18 the local government. An extension of less than 5 years is
19 not a substantial deviation. For the purpose of calculating
20 when a buildout, phase, or termination date has been exceeded,
21 the time shall be tolled during the pendency of administrative
22 or judicial proceedings relating to development permits. Any
23 extension of the buildout date of a project or a phase thereof
24 shall automatically extend the commencement date of the
25 project, the termination date of the development order, the
26 expiration date of the development of regional impact, and the
27 phases thereof by a like period of time.
28 (d) A change in the plan of development of an approved
29 development of regional impact resulting from requirements
30 imposed by the Department of Environmental Protection or any
31 water management district created by s. 373.069 or any of
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1 their successor agencies or by any appropriate federal
2 regulatory agency shall be submitted to the local government
3 pursuant to this subsection. The change shall be presumed not
4 to create a substantial deviation subject to further
5 development-of-regional-impact review. The presumption may be
6 rebutted by clear and convincing evidence at the public
7 hearing held by the local government.
8 (e)1. A proposed change which, either individually or,
9 if there were previous changes, cumulatively with those
10 changes, is equal to or exceeds 40 percent of any numerical
11 criterion in subparagraphs (b)1.-15., but which does not
12 exceed such criterion, shall be presumed not to create a
13 substantial deviation subject to further
14 development-of-regional-impact review. The presumption may be
15 rebutted by clear and convincing evidence at the public
16 hearing held by the local government pursuant to subparagraph
17 (f)5.
18 1.2. Except for a development order rendered pursuant
19 to subsection (22) or subsection (25), a proposed change to a
20 development order that individually or cumulatively with any
21 previous change is less than 40 percent of any numerical
22 criterion contained in subparagraphs (b)1.-14. (b)1.-15. and
23 does not exceed any other criterion, or that involves an
24 extension of the buildout date of a development, or any phase
25 thereof, of less than 5 years is not a substantial deviation,
26 is not subject to the public hearing requirements of
27 subparagraph (f)3., and is not subject to a determination
28 pursuant to subparagraph (f)5. Notice of the proposed change
29 shall be made to the regional planning council and the state
30 land planning agency. Such notice shall include a description
31 of previous individual changes made to the development,
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1 including changes previously approved by the local government,
2 and shall include appropriate amendments to the development
3 order.
4 2. The following changes, individually or cumulatively
5 with any previous changes, are not substantial deviations:
6 a. Changes in the name of the project, developer,
7 owner, or monitoring official.
8 b. Changes to a setback that do not affect noise
9 buffers, environmental protection or mitigation areas, or
10 archaeological or historical resources.
11 c. Changes to minimum lot sizes.
12 d. Changes in the configuration of internal roads that
13 do not affect external access points.
14 e. Changes to the building design or orientation that
15 stay approximately within the approved area designated for
16 such building and parking lot, and which do not affect
17 historical buildings designated as significant by the Division
18 of Historical Resources of the Department of State.
19 f. Changes to increase the acreage in the development,
20 provided that no development is proposed on the acreage to be
21 added.
22 g. Changes to eliminate an approved land use, provided
23 that there are no additional regional impacts.
24 h. Changes required to conform to permits approved by
25 any federal, state, or regional permitting agency, provided
26 that these changes do not create additional regional impacts.
27 i. Any other change which the state land planning
28 agency agrees in writing is similar in nature, impact, or
29 character to the changes enumerated in sub-subparagraphs a.-h.
30 and which does not create the likelihood of any additional
31 regional impact.
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1
2 This subsection does not require a development order amendment
3 for any change listed in sub-subparagraphs a.-i. unless such
4 issue is addressed either in the existing development order or
5 in the application for development approval, but, in the case
6 of the application, only if, and in the manner in which, the
7 application is incorporated in the development order.
8 3. Except for the change authorized by
9 sub-subparagraph 2.f., any addition of land not previously
10 reviewed or any change not specified in paragraph (b) or
11 paragraph (c) shall be presumed to create a substantial
12 deviation. This presumption may be rebutted by clear and
13 convincing evidence.
14 4. Any submittal of a proposed change to a previously
15 approved development shall include a description of individual
16 changes previously made to the development, including changes
17 previously approved by the local government. The local
18 government shall consider the previous and current proposed
19 changes in deciding whether such changes cumulatively
20 constitute a substantial deviation requiring further
21 development-of-regional-impact review.
22 5. The following changes to an approved development of
23 regional impact shall be presumed to create a substantial
24 deviation. Such presumption may be rebutted by clear and
25 convincing evidence.
26 a. A change proposed for 15 percent or more of the
27 acreage to a land use not previously approved in the
28 development order. Changes of less than 15 percent shall be
29 presumed not to create a substantial deviation.
30 b. Except for the types of uses listed in subparagraph
31 (b)16., any change which would result in the development of
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1 any area which was specifically set aside in the application
2 for development approval or in the development order for
3 preservation, buffers, or special protection, including
4 habitat for plant and animal species, archaeological and
5 historical sites, dunes, and other special areas.
6 c. Notwithstanding any provision of paragraph (b) to
7 the contrary, a proposed change consisting of simultaneous
8 increases and decreases of at least two of the uses within an
9 authorized multiuse development of regional impact which was
10 originally approved with three or more uses specified in s.
11 380.0651(3)(c), (d), (f), and (g) and residential use.
12 (f)1. The state land planning agency shall establish
13 by rule standard forms for submittal of proposed changes to a
14 previously approved development of regional impact which may
15 require further development-of-regional-impact review. At a
16 minimum, the standard form shall require the developer to
17 provide the precise language that the developer proposes to
18 delete or add as an amendment to the development order.
19 2. The developer shall submit, simultaneously, to the
20 local government, the regional planning agency, and the state
21 land planning agency the request for approval of a proposed
22 change.
23 3. No sooner than 30 days but no later than 45 days
24 after submittal by the developer to the local government, the
25 state land planning agency, and the appropriate regional
26 planning agency, the local government shall give 15 days'
27 notice and schedule a public hearing to consider the change
28 that the developer asserts does not create a substantial
29 deviation. This public hearing shall be held within 90 days
30 after submittal of the proposed changes, unless that time is
31 extended by the developer.
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1 4. The appropriate regional planning agency or the
2 state land planning agency shall review the proposed change
3 and, no later than 45 days after submittal by the developer of
4 the proposed change, unless that time is extended by the
5 developer, and prior to the public hearing at which the
6 proposed change is to be considered, shall advise the local
7 government in writing whether it objects to the proposed
8 change, shall specify the reasons for its objection, if any,
9 and shall provide a copy to the developer. A change which is
10 subject to the substantial deviation criteria specified in
11 sub-subparagraph (e)5.c. shall not be subject to this
12 requirement.
13 5. At the public hearing, the local government shall
14 determine whether the proposed change requires further
15 development-of-regional-impact review. The provisions of
16 paragraphs (a) and (e), the thresholds set forth in paragraph
17 (b), and the presumptions set forth in paragraphs (c) and (d)
18 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
19 applicable in determining whether further
20 development-of-regional-impact review is required.
21 6. If the local government determines that the
22 proposed change does not require further
23 development-of-regional-impact review and is otherwise
24 approved, or if the proposed change is not subject to a
25 hearing and determination pursuant to subparagraphs 3. and 5.
26 and is otherwise approved, the local government shall issue an
27 amendment to the development order incorporating the approved
28 change and conditions of approval relating to the change. The
29 decision of the local government to approve, with or without
30 conditions, or to deny the proposed change that the developer
31 asserts does not require further review shall be subject to
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1 the appeal provisions of s. 380.07. However, the state land
2 planning agency may not appeal the local government decision
3 if it did not comply with subparagraph 4. The state land
4 planning agency may not appeal a change to a development order
5 made pursuant to subparagraph (e)2. for developments of
6 regional impact approved after January 1, 1980, unless the
7 change would result in a significant impact to a regionally
8 significant archaeological, historical, or natural resource
9 not previously identified in the original
10 development-of-regional-impact review.
11 (g) If a proposed change requires further
12 development-of-regional-impact review pursuant to this
13 section, the review shall be conducted subject to the
14 following additional conditions:
15 1. The development-of-regional-impact review conducted
16 by the appropriate regional planning agency shall address only
17 those issues raised by the proposed change except as provided
18 in subparagraph 2.
19 2. The regional planning agency shall consider, and
20 the local government shall determine whether to approve,
21 approve with conditions, or deny the proposed change as it
22 relates to the entire development. If the local government
23 determines that the proposed change, as it relates to the
24 entire development, is unacceptable, the local government
25 shall deny the change.
26 3. If the local government determines that the
27 proposed change, as it relates to the entire development,
28 should be approved, any new conditions in the amendment to the
29 development order issued by the local government shall address
30 only those issues raised by the proposed change.
31
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1 4. Development within the previously approved
2 development of regional impact may continue, as approved,
3 during the development-of-regional-impact review in those
4 portions of the development which are not affected by the
5 proposed change.
6 (h) When further development-of-regional-impact review
7 is required because a substantial deviation has been
8 determined or admitted by the developer, the amendment to the
9 development order issued by the local government shall be
10 consistent with the requirements of subsection (15) and shall
11 be subject to the hearing and appeal provisions of s. 380.07.
12 The state land planning agency or the appropriate regional
13 planning agency need not participate at the local hearing in
14 order to appeal a local government development order issued
15 pursuant to this paragraph.
16 Section 29. Paragraphs (d) and (f) of subsection (3)
17 of section 380.0651, Florida Statutes, are amended to read:
18 380.0651 Statewide guidelines and standards.--
19 (3) The following statewide guidelines and standards
20 shall be applied in the manner described in s. 380.06(2) to
21 determine whether the following developments shall be required
22 to undergo development-of-regional-impact review:
23 (d) Office development.--Any proposed office building
24 or park operated under common ownership, development plan, or
25 management that:
26 1. Encompasses 300,000 or more square feet of gross
27 floor area; or
28 2. Has a total site size of 30 or more acres; or
29 2.3. Encompasses more than 600,000 square feet of
30 gross floor area in a county with a population greater than
31 500,000 and only in a geographic area specifically designated
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1 as highly suitable for increased threshold intensity in the
2 approved local comprehensive plan and in the strategic
3 regional policy plan.
4 (f) Retail and service development.--Any proposed
5 retail, service, or wholesale business establishment or group
6 of establishments which deals primarily with the general
7 public onsite, operated under one common property ownership,
8 development plan, or management that:
9 1. Encompasses more than 400,000 square feet of gross
10 area; or
11 2. Occupies more than 40 acres of land; or
12 2.3. Provides parking spaces for more than 2,500 cars.
13 Section 30. Requirement of interlocal service
14 provision agreements.--
15 (1) By January 1, 2005, counties having a population
16 over 100,000 shall negotiate and adopt a service-delivery
17 interlocal agreement with all of the municipalities within the
18 county, with those special districts providing a service
19 listed in paragraph (a), and with the school district which:
20 (a) Identifies the current providers of the following
21 services; education, sanitary sewer, public safety, solid
22 waste, drainage, potable water, parks and recreation, and
23 transportation facilities.
24 (b) Describes the existing organization of such
25 services and the means of financing such services and
26 designates the entities that will provide the services over
27 the next 20 years, including any anticipated changes caused by
28 annexation.
29 (c) Identifies any deficits in the provision of
30 services and prescribes a 5-year capital outlay plan for the
31 provision of deficit infrastructure.
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1 (d) Identifies opportunities for the joint financing
2 of capital outlay projects.
3 (e) Identifies any areas that the municipalities plan
4 to annex within the next 5 years and establishes a plan for
5 service delivery within the areas to be annexed or a process
6 for resolving service-delivery issues associated with
7 annexation.
8 (f) Provides specific procedures for amending the
9 interlocal agreement.
10 (2) Each county and municipality shall submit a copy
11 of its interlocal agreement to the Department of Community
12 Affairs by February 15, 2005.
13 (3) The regional planning councils may provide
14 technical assistance and dispute-resolution services to assist
15 local governments in complying with this section.
16 Section 31. The sum of $500,000 is appropriated from
17 the General Revenue Fund to the Department of Community
18 Affairs for the purpose of funding the Urban Infill and
19 Redevelopment Assistance Grant Program established under
20 section 163.2523, Florida Statutes, during the 2001-2002
21 fiscal year.
22 Section 32. The Legislature finds that the integration
23 of the growth-management system and the planning of public
24 educational facilities is a matter of great public importance.
25 Section 33. Except as otherwise expressly provided in
26 this act, this act shall take effect upon becoming a law.
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Florida Senate - 2001 CS for CS for SB's 310 & 380
314-1911-01
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 310 & 380
3
4 This committee substitute deletes from the bill provisions
relating to:
5
1) the Rural Stewardship Areas and Sustainable Rural
6 Communities Demonstration Program
7 2) Enhanced citizen notice
8 3) Judicial Review of Development Orders
9 4) Livable Communities Program
10 5) Statement of compelling state interests
11 6) Fiscal Impact Model Pilot Projects, and
12 7) State Agency changes to the State comprehensive Plan.
13 Additions to the bill are an independent audit of school
construction and planning, imposition of the Local Government
14 Infrastructure Sales Surtax and the School Capital Outlay
Surtax by Supermajority Vote, authorization for a certain
15 municipality to levy the Local Government Infrastructure Sales
Surtax by referendum, and a requirement that local governments
16 deny applications for rezonings and comprehensive plan
amendments that increase density unless the developer denters
17 into a proportionate-share mitigation agreement only if the
school board has levied the School Capital Outlay Surtax or
18 raised an equivalent amount of revenue from a broad-based
source.
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