Senate Bill sb0310e2
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CS for CS for CS for SB's 310 & 380 Second Engrossed
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 by local
16 governments; providing for certain
17 municipalities to be exempt; requiring certain
18 interlocal agreements; requiring that the
19 public educational facilities element include
20 certain provisions; providing requirements for
21 future land-use maps; providing a process for
22 adopting the element; prohibiting a local
23 government that fails to adopt the required
24 element from amending its local comprehensive
25 plan; creating s. 163.31777, F.S.; requiring
26 school boards to report to the local government
27 on school capacity; requiring a local
28 government to deny a plan amendment or a
29 request for rezoning if school capacity is
30 unavailable; authorizing certain mitigation
31 agreements; providing prerequisites to this
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1 section's taking effect; providing for an
2 exemption for certain urban infill areas;
3 amending s. 163.3180, F.S.; revising provisions
4 relating to concurrency; amending s. 163.3184,
5 F.S.; revising definitions; revising provisions
6 governing the process for adopting
7 comprehensive plans and plan amendments;
8 amending s. 163.3187, F.S.; authorizing the
9 adoption of a public educational facilities
10 element notwithstanding certain limitations;
11 amending s. 163.3191, F.S., relating to
12 evaluation and appraisal of comprehensive
13 plans; conforming provisions to changes made by
14 the act; providing an appropriation for the
15 state land planning agency to develop a uniform
16 fiscal-impact-analysis model for evaluating the
17 cost of infrastructure to support development;
18 amending s. 163.3215, F.S.; revising provisions
19 governing the challenge of a development order
20 by an aggrieved or adversely affected party on
21 the basis of inconsistency with a local
22 comprehensive plan; providing the relief that
23 may be sought; providing that petition to the
24 circuit court for certiorari is the sole action
25 for such challenge if the local government has
26 adopted an ordinance establishing a local
27 development review process that includes
28 specified minimum components; removing a
29 requirement that a verified complaint be filed
30 with the local government prior to seeking
31 judicial review; amending s. 163.3244, F.S.;
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1 postponing the repeal of provisions governing
2 the Sustainable Communities Demonstration
3 Project; amending s. 186.504, F.S.; adding an
4 elected school board member to the membership
5 of each regional planning council; amending s.
6 212.055, F.S.; providing for the levy of the
7 school capital outlay surtax by a supermajority
8 vote and requiring certain educational facility
9 planning prior to the levy of the school
10 capital outlay surtax; amending s. 235.002,
11 F.S.; revising legislative intent with respect
12 to building educational facilities; amending s.
13 235.15, F.S.; revising requirements for
14 educational plant surveys; revising
15 requirements for review and validation of such
16 surveys; amending s. 235.175, F.S.; requiring
17 school districts to adopt education facilities
18 plans; amending s. 235.18, F.S., relating to
19 capital outlay budgets of school boards;
20 conforming provisions to changes made by the
21 act; amending s. 235.185, F.S.; requiring
22 school district educational facilities plans;
23 providing definitions; specifying projections
24 and other information to be included in the
25 plan; providing requirements for the work
26 program; requiring district school boards to
27 submit a tentative plan to the local
28 government; providing for adopting and
29 executing the plan; amending s. 235.188, F.S.;
30 providing bonding requirements; amending s.
31 235.19, F.S.; exempting certain school boards
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1 and local governments from requirements for
2 site planning; revising requirements for school
3 boards; amending s. 235.193, F.S.; requiring
4 interlocal agreements with respect to public
5 educational facilities elements and plans;
6 providing that failure to enter into such
7 agreements will result in the withholding of
8 certain funds for school construction;
9 providing requirements for preparing a district
10 education facilities work plan; repealing s.
11 235.194, F.S., relating to the general
12 educational facilities report; amending s.
13 235.218, F.S.; requiring the SMART Schools
14 Clearinghouse to adopt measures for evaluating
15 the school district educational facilities
16 plans; amending s. 235.231, F.S.; providing for
17 the school board to authorize certain change
18 orders for its district education facilities
19 plan; amending s. 236.25, F.S., relating to the
20 district school tax; conforming provisions to
21 changes made by the act; allowing a school
22 district to levy by referendum additional
23 millage for school operational purposes;
24 amending s. 236.31, F.S.; authorizing school
25 boards to direct the county commission to call
26 an election for approval of an ad valorem tax
27 millage; amending s. 236.32, F.S.;
28 substantially rewording the section and
29 providing procedures for holding and conducting
30 school district millage elections; amending s.
31 380.06, F.S.; providing that certain standards
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1 must be increased for development in any area
2 designated by the Governor as a rural area of
3 critical economic concern; revising provisions
4 governing substantial-deviation standards for
5 developments of regional impact; providing for
6 designation of a lead regional planning
7 council; amending s. 380.0651, F.S.; revising
8 standards for determining the necessity for a
9 development-of-regional-impact review;
10 requiring specified counties to adopt a
11 service-delivery interlocal agreement with all
12 municipalities and the school district and
13 prescribing requirements for such agreements;
14 providing an appropriation; providing a
15 legislative finding that the act is a matter of
16 great public importance; directing the
17 Legislative Committee on Intergovernmental
18 Relations to conduct a study of the bonding
19 capacity of local governments and school
20 boards; requiring multicounty airport
21 authorities with development-of-regional-impact
22 development orders to establish a
23 noise-mitigation-project fund; providing for
24 the expenditure of such funds; preventing the
25 airport authority from amending its development
26 order or commencing development until such
27 funds are expended; amending s. 163.356, F.S.;
28 allowing certain charter counties to create
29 multiple community redevelopment agencies
30 within the unincorporated county areas;
31 providing effective 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 Notwithstanding any special act to the contrary, all local
11 planning agencies or equivalent agencies that first review
12 rezoning and comprehensive plan amendments in each
13 municipality and county shall include a representative of the
14 school district appointed by the school board as a nonvoting
15 member of the local planning agency or equivalent agency to
16 attend those meetings at which the agency considers
17 comprehensive plan amendments and rezonings that would, if
18 approved, increase residential density on the property that is
19 the subject of the application, provided that nothing
20 contained in this subsection shall prevent a local agency from
21 granting voting status to the school board member. The
22 governing body may designate itself as the local planning
23 agency pursuant to this subsection with the addition of a
24 nonvoting school board representative. The governing body
25 shall notify the state land planning agency of the
26 establishment of its local planning agency. All local planning
27 agencies shall provide opportunities for involvement by
28 district school boards and applicable community college
29 boards, which may be accomplished by formal representation,
30 membership on technical advisory committees, or other
31 appropriate means. The local planning agency shall prepare the
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1 comprehensive plan or plan amendment after hearings to be held
2 after public notice and shall make recommendations to the
3 governing body regarding the adoption or amendment of the
4 plan. The agency may be a local planning commission, the
5 planning department of the local government, or other
6 instrumentality, including a countywide planning entity
7 established by special act or a council of local government
8 officials created pursuant to s. 163.02, provided the
9 composition of the council is fairly representative of all the
10 governing bodies in the county or planning area; however:
11 (a) If a joint planning entity is in existence on the
12 effective date of this act which authorizes the governing
13 bodies to adopt and enforce a land use plan effective
14 throughout the joint planning area, that entity shall be the
15 agency for those local governments until such time as the
16 authority of the joint planning entity is modified by law.
17 (b) In the case of chartered counties, the planning
18 responsibility between the county and the several
19 municipalities therein shall be as stipulated in the charter.
20 Section 2. Paragraph (a) of subsection (4), paragraphs
21 (a), (c), and (h) of subsection (6) of section 163.3177,
22 Florida Statutes, are amended to read:
23 163.3177 Required and optional elements of
24 comprehensive plan; studies and surveys.--
25 (4)(a) Coordination of the local comprehensive plan
26 with the comprehensive plans of adjacent municipalities, the
27 county, adjacent counties, or the region; with the appropriate
28 water management district's regional water supply plans
29 adopted pursuant to s. 373.0361, or successor plans required
30 by legislative directive; with adopted rules pertaining to
31 designated areas of critical state concern; and with the state
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1 comprehensive plan shall be a major objective of the local
2 comprehensive planning process. To that end, in the
3 preparation of a comprehensive plan or element thereof, and in
4 the comprehensive plan or element as adopted, the governing
5 body shall include a specific policy statement indicating the
6 relationship of the proposed development of the area to the
7 comprehensive plans of adjacent municipalities, the county,
8 adjacent counties, or the region and to the state
9 comprehensive plan, as the case may require and as such
10 adopted plans or plans in preparation may exist.
11 (6) In addition to the requirements of subsections
12 (1)-(5), the comprehensive plan shall include the following
13 elements:
14 (a) A future land use plan element designating
15 proposed future general distribution, location, and extent of
16 the uses of land for residential uses, commercial uses,
17 industry, agriculture, recreation, conservation, education,
18 public buildings and grounds, other public facilities, and
19 other categories of the public and private uses of land. The
20 future land use plan shall include standards to be followed in
21 the control and distribution of population densities and
22 building and structure intensities. The proposed
23 distribution, location, and extent of the various categories
24 of land use shall be shown on a land use map or map series
25 which shall be supplemented by goals, policies, and measurable
26 objectives. Each land use category shall be defined in terms
27 of the types of uses included and specific standards for the
28 density or intensity of use. The future land use plan shall
29 be based upon surveys, studies, and data regarding the area,
30 including the amount of land required to accommodate
31 anticipated growth; the projected population of the area; the
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1 character of undeveloped land; the availability of ground
2 water and surface water resources for present and future water
3 supplies and the potential for development of alternative
4 water supplies; the availability of public services; the need
5 for redevelopment, including the renewal of blighted areas and
6 the elimination of nonconforming uses which are inconsistent
7 with the character of the community; and, in rural
8 communities, the need for job creation, capital investment,
9 and economic development that will strengthen and diversify
10 the community's economy. The future land use plan may
11 designate areas for future planned development use involving
12 combinations of types of uses for which special regulations
13 may be necessary to ensure development in accord with the
14 principles and standards of the comprehensive plan and this
15 act. In addition, for rural communities, the amount of land
16 designated for future planned industrial use shall be based
17 upon surveys and studies that reflect the need for job
18 creation, capital investment, and the necessity to strengthen
19 and diversify the local economies, and shall not be limited
20 solely by the projected population of the rural community. The
21 future land use plan of a county may also designate areas for
22 possible future municipal incorporation. The land use maps or
23 map series shall generally identify and depict historic
24 district boundaries and shall designate historically
25 significant properties meriting protection. The future land
26 use element must clearly identify the land use categories in
27 which public schools are an allowable use. When delineating
28 the land use categories in which public schools are an
29 allowable use, a local government shall include in the
30 categories sufficient land proximate to residential
31 development to meet the projected needs for schools in
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1 coordination with public school boards and may establish
2 differing criteria for schools of different type or size.
3 Each local government shall include lands contiguous to
4 existing school sites, to the maximum extent possible, within
5 the land use categories in which public schools are an
6 allowable use. All comprehensive plans must comply with the
7 school siting requirements of this paragraph no later than
8 October 1, 1999. The failure by a local government to comply
9 with these school siting requirements by October 1, 1999, will
10 result in the prohibition of the local government's ability to
11 amend the local comprehensive plan, except for plan amendments
12 described in s. 163.3187(1)(b), until the school siting
13 requirements are met. Amendments An amendment proposed by a
14 local government for purposes of identifying the land use
15 categories in which public schools are an allowable use or for
16 adopting or amending the school-siting maps pursuant to s.
17 163.31776(6) are is exempt from the limitation on the
18 frequency of plan amendments contained in s. 163.3187. The
19 future land use element shall include criteria that which
20 encourage the location of schools proximate to urban
21 residential areas to the extent possible and shall require
22 that the local government seek to collocate public facilities,
23 such as parks, libraries, and community centers, with schools
24 to the extent possible and to encourage the use of elementary
25 schools as focal points for neighborhoods.
26 (c) A general sanitary sewer, solid waste, drainage,
27 potable water, and natural groundwater aquifer recharge
28 element correlated to principles and guidelines for future
29 land use, indicating ways to provide for future potable water,
30 drainage, sanitary sewer, solid waste, and aquifer recharge
31 protection requirements for the area. The element may be a
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1 detailed engineering plan including a topographic map
2 depicting areas of prime groundwater recharge. The element
3 shall describe the problems and needs and the general
4 facilities that will be required for solution of the problems
5 and needs. The element shall also include a topographic map
6 depicting any areas adopted by a regional water management
7 district as prime groundwater recharge areas for the Floridan
8 or Biscayne aquifers, pursuant to s. 373.0395. These areas
9 shall be given special consideration when the local government
10 is engaged in zoning or considering future land use for said
11 designated areas. For areas served by septic tanks, soil
12 surveys shall be provided which indicate the suitability of
13 soils for septic tanks. By October 1, 2002, the element shall
14 also include data and analysis, including, but not limited to,
15 the appropriate water management district's regional water
16 supply plan adopted pursuant to s. 373.0361, which evaluates
17 the availability of potable water compared to population
18 growth projected by the local government comprehensive plan.
19 (h)1. An intergovernmental coordination element
20 showing relationships and stating principles and guidelines to
21 be used in the accomplishment of coordination of the adopted
22 comprehensive plan with the plans of school boards and other
23 units of local government providing services but not having
24 regulatory authority over the use of land, with the
25 comprehensive plans of adjacent municipalities, the county,
26 adjacent counties, or the region, and with the state
27 comprehensive plan, as the case may require and as such
28 adopted plans or plans in preparation may exist. This element
29 of the local comprehensive plan shall demonstrate
30 consideration of the particular effects of the local plan,
31 when adopted, upon the development of adjacent municipalities,
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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 public educational facilities element shall be
23 adopted in cooperation with the applicable school district by
24 all local governments meeting the criteria identified in
25 paragraph (a). The public educational facilities elements
26 shall be transmitted no later than January 1, 2003, for those
27 local governments initially meeting the criteria in paragraph
28 (a).
29 (a) A local government must adopt a public educational
30 facilities element if the local government is located in a
31 county where:
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1 1. The number of districtwide capital outlay
2 full-time-equivalent students equals 80 percent or more of the
3 most current year's school capacity and the projected 5-year
4 student growth is 1,000 students or greater; or
5 2. The projected 5-year student growth rate is 10
6 percent or greater.
7 (b)1. The Department of Education shall issue a report
8 notifying the state land planning agency and each county and
9 school district that meets the criteria in paragraph (a) on
10 June 1 of each year. Local governments and school boards will
11 have 18 months following notification within which to comply
12 with the requirements of ss. 163.31776 and 163.31777.
13 2. By January 1, 2007, remaining local governments
14 that have not been notified by June 1, 2005, that they have
15 met the criteria in paragraph (a) shall adopt, in cooperation
16 with the applicable school district, a limited public
17 educational facilities element. The state land planning agency
18 shall by rule specify the contents of the limited public
19 educational facilities element. The rule specifying the
20 contents of the limited public facilities element must
21 incorporate the future land use element requirements of s.
22 163.3177(6)(a), including school-siting requirements,
23 requirements for intergovernmental coordination and interlocal
24 agreements with school boards contained in s.
25 163.3177(6)(h)1.-2., and requirements for evaluation and
26 appraisal reports contained in s. 163.3191(2)(k). The agency
27 rule must ensure effective planning with school boards, but
28 recognize that the needs for school planning differ for those
29 local governments that have lower population and
30 student-population growth rates. The sanctions of subsection
31 (9) apply to local governments that fail to adopt a limited
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1 public educational facilities element. Any local government
2 that, after complying with this rule, reaches the criteria in
3 paragraph (a) shall have 18 months within which to comply with
4 subsections (4) and (5). Nothing in this subsection shall
5 supersede the other requirements of this chapter.
6 (c) Each municipality shall adopt its own element or
7 accept by resolution or ordinance the public educational
8 facilities element adopted by the county which includes the
9 municipality's area of authority as defined in s. 163.3171.
10 However, a municipality is exempt from this requirement if it
11 meets all the following criteria:
12 1. The municipality has issued development orders for
13 fewer than 50 residential dwelling units during the last 5
14 years or it has generated fewer than 25 additional public
15 school students during the last 5 years;
16 2. The municipality has not annexed new land during
17 the last 5 years in land use categories that permit
18 residential uses that may affect school attendance rates;
19 3. The municipality has no public schools located
20 within its boundaries;
21 4. At least 80 percent of the developable land within
22 the boundaries of the municipality has been built upon; and
23 5. The municipality has not adopted a land use
24 amendment that increases residential density for more than 50
25 residential units.
26
27 Any municipality that is exempt shall notify the county and
28 the school board of any planned annexation into residential or
29 proposed residential areas or other change in condition and
30 must comply with this subsection within 1 year following a
31 change in conditions that renders the municipality no longer
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1 eligible for exemption or following the identification of a
2 proposed public school in the school board's 5-year district
3 facilities work program in the municipality's jurisdiction.
4 (4) No later than 6 months prior to the deadline for
5 transmittal of a public educational facilities element, the
6 county, the non-exempt municipalities, and the school board
7 shall enter into an interlocal agreement that establishes a
8 process for developing coordinated and consistent local
9 government public educational facilities elements and a
10 district educational facilities plan, including a process:
11 (a) By which each local government and the school
12 district agree and base the local government comprehensive
13 plan and educational facilities plan on uniform projections of
14 the amount, type, and distribution of population growth and
15 student enrollment;
16 (b) To coordinate and share information relating to
17 existing and planned public school facilities and local
18 government plans for development and redevelopment;
19 (c) To ensure that school siting decisions by the
20 school board are consistent with the local comprehensive plan,
21 including appropriate circumstances and criteria under which a
22 school district may request an amendment to the comprehensive
23 plan for school siting and for early involvement by the local
24 government as the school board identifies potential school
25 sites;
26 (d) To coordinate and provide timely formal comments
27 during the development, adoption, and amendment of each local
28 government's public educational facilities element and the
29 educational facilities plan of the school district to ensure a
30 uniform countywide school facility planning system;
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1 (e) For school district participation in the review of
2 comprehensive plan amendments and rezonings that increase
3 residential density and that are reasonably expected to have
4 an impact on public school facility demand pursuant to s.
5 163.31777. The interlocal agreement must specify how the
6 school board and local governments will develop the
7 methodology and criteria for determining whether school
8 facility capacity will be readily available at the time of
9 projected school impacts, and must specify uniform,
10 districtwide level-of-service standards for all public schools
11 of the same type and availability standards for public
12 schools. The interlocal agreement must ensure that consistent
13 criteria and capacity-determination methodologies including
14 student generation multipliers are adopted into the school
15 board's district educational facilities plan and the local
16 government's public educational facilities element. The
17 interlocal agreement must also set forth the process and
18 uniform methodology for determining proportionate-share
19 mitigation pursuant to s. 163.31777; and
20 (f) For the resolution of disputes between the school
21 district and local governments.
22 (5) The public educational facilities element must be
23 based on data and analysis, including the interlocal agreement
24 required by subsection (4), and on the educational facilities
25 plan required by s. 235.185. Each local government public
26 educational facilities element within a county must be
27 consistent with the other elements and must address:
28 (a) The need for, strategies for, and commitments to
29 addressing improvements to infrastructure, safety, and
30 community conditions in areas proximate to existing public
31 schools.
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1 (b) The need for and strategies for providing adequate
2 infrastructure necessary to support proposed schools,
3 including potable water, wastewater, drainage, solid waste,
4 transportation, and means by which to assure safe access to
5 schools, including sidewalks, bicycle paths, turn lanes, and
6 signalization.
7 (c) Colocation of other public facilities, such as
8 parks, libraries, and community centers, in proximity to
9 public schools.
10 (d) Location of schools proximate to residential areas
11 and to complement patterns of development, including using
12 elementary schools as focal points for neighborhoods.
13 (e) Use of public schools to serve as emergency
14 shelters.
15 (f) Consideration of the existing and planned capacity
16 of public schools when reviewing comprehensive plan amendments
17 and rezonings that are likely to increase residential
18 development and that are reasonably expected to have an impact
19 on the demand for public school facilities pursuant to s.
20 163.31777, with the review to be based on uniform,
21 districtwide level-of-service standards for all public schools
22 of the same type, availability standards for public schools,
23 and the financially feasible 5-year district facilities work
24 program adopted by the school board pursuant to s. 235.185.
25 (g) A uniform methodology for determining school
26 capacity and proportionate-share mitigation consistent with
27 the requirements of s. 163.31777(4) and the interlocal
28 agreement.
29 (h) The response of the school board to the financial
30 management and performance audit required by s. 235.185(2)(f).
31
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1 (6) The future land-use map series must incorporate
2 maps that are the result of a collaborative process for
3 identifying school sites in the educational facilities plan
4 adopted by the school board pursuant to s. 235.185 and must
5 show the locations of existing public schools and the general
6 locations of improvements to existing schools or new schools
7 anticipated over the 5-year, 10-year, and 20-year time
8 periods, or such maps shall be data and analysis in support of
9 the future land-use map series. Maps indicating general
10 locations of future schools or school improvements should not
11 prescribe a land use on a particular parcel of land.
12 (7) The process for adopting a public educational
13 facilities element shall be as provided in s. 163.3184. The
14 state land planning agency shall submit a copy of the proposed
15 public school facilities element pursuant to the procedures
16 outlined in s. 163.3184(4) to the Office of Educational
17 Facilities of the Commissioner of Education for review and
18 comment.
19 (8) In any proceeding to challenge the adoption of the
20 public educational facilities element pursuant to s. 163.3184,
21 the petitioner may also challenge the data and analysis used
22 to support the processes set forth in the interlocal agreement
23 executed pursuant to this section.
24 (9)(a) If the county, school board and nonexempt
25 municipalities within the county cannot reach agreement
26 regarding the interlocal agreement required by subsection (4),
27 the parties shall seek mediation through the appropriate
28 regional planning council or the state land planning agency.
29 The bad-faith failure of any party to enter into an interlocal
30 agreement within 60 days after referral to mediation shall
31
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1 result in the prohibition of that local government's ability
2 to amend its comprehensive plan until the dispute is resolved.
3 (b) The failure by a local government to comply with
4 the requirement to transmit and adopt a public educational
5 facility element will result in the prohibition of the local
6 government's ability to amend the local comprehensive plan
7 until the public school facilities element is adopted.
8 (c) If a local government fails to comply with the
9 requirements of this section to enter into the interlocal
10 agreement or to transmit a public educational facilities
11 element by the required date, or if the Administration
12 Commission finds that the public educational facilities
13 element is not in compliance, the local government shall be
14 subject to sanctions imposed by the Administration Commission
15 pursuant to s. 163.3184(11).
16 (d) The failure of a school board to provide the
17 required plans or information or to enter into the interlocal
18 agreement under this section shall subject the school board to
19 sanctions pursuant to s. 235.193(3).
20 (e) A local government or school board's bad-faith
21 failure to enter into the interlocal agreement does not
22 subject another local government or school board to sanctions.
23 (10) Any local government that has executed an
24 interlocal agreement for the purpose of adopting public school
25 concurrency before the effective date of this act is not
26 required to amend the public school element or any interlocal
27 agreement to conform with the provisions of this section or s.
28 163.31777 if such amendment is ultimately determined to be in
29 compliance.
30 Section 4. Section 163.31777, Florida Statutes, is
31 created to read:
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1 163.31777 Public school capacity for plan amendments
2 and rezonings.--
3 (1) Local governments shall consider public school
4 facilities when reviewing proposed comprehensive plan
5 amendments and rezonings that increase residential densities
6 and that are reasonably expected to have an impact on the
7 demand for public school facilities.
8 (2) For each proposed comprehensive plan amendment or
9 rezoning that increases residential densities and is
10 reasonably expected to have an impact on the demand for public
11 school facilities, the school board shall provide the local
12 government with a school-capacity report based on the district
13 educational facilities plan adopted by the school board
14 pursuant to s. 235.185, which must provide data and analysis
15 on the capacity and enrollment of affected schools based on
16 standards established by state or federal law or judicial
17 orders, projected additional enrollment attributable to the
18 density increase resulting from the amendment or rezoning,
19 programmed and financially feasible new public school
20 facilities or improvements for affected schools identified in
21 the educational facilities plan of the school board and the
22 expected date of availability of such facilities or
23 improvements, and available reasonable options for providing
24 public school facilities to students if the rezoning or
25 comprehensive plan amendment is approved. The options must
26 include, but need not be limited to, the school board's
27 evaluation of school schedule modification, school attendance
28 zones modification, school facility modification, and the
29 creation of charter schools. The report must be consistent
30 with this section, any adopted interlocal agreement and public
31 educational facilities element, and must be submitted no later
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1 than 3 working days before the first public hearing by the
2 local government to consider the comprehensive plan amendment
3 or rezoning.
4 (3) The local government shall deny a request for a
5 comprehensive plan amendment or rezoning which would increase
6 the density of residential development allowed on the property
7 subject to the amendment or rezoning and is reasonably
8 expected to have an increased impact on the demand for public
9 school facilities, if the school facility capacity will not be
10 reasonably available at the time of projected school impacts
11 as determined by the methodology established in the public
12 educational facilities element. However, the application for a
13 comprehensive plan amendment or a rezoning may be approved if
14 the applicant executes a legally binding commitment to provide
15 mitigation proportionate to the demand for public school
16 facilities to be created by actual development of the
17 property, including, but not limited to, the options described
18 in subsection (4).
19 (4)(a) Options for proportionate-share mitigation of
20 public school facility impacts from actual development of
21 property subject to a plan amendment or rezoning that
22 increases residential density shall be established in the
23 educational facilities plan and the public educational
24 facilities element. Appropriate mitigation options include the
25 contribution of land; the construction, expansion, or payment
26 for land acquisition or construction of a public school
27 facility; or the creation of mitigation banking based on the
28 construction of a public school facility in exchange for the
29 right to sell capacity credits. Such options must include
30 execution by the applicant and the local government of a
31 binding development agreement pursuant to ss.
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1 163.3220-163.3243 which constitutes a legally binding
2 commitment to pay proportionate-share mitigation for the
3 additional residential units approved by the local government
4 in a development order and actually developed on the property,
5 taking into account residential density allowed on the
6 property prior to the plan amendment or rezoning that
7 increased overall residential density. The district school
8 board may be a party to such an agreement. As a condition of
9 its entry into such a development agreement, the local
10 government may require the landowner to agree to continuing
11 renewal of the agreement upon its expiration.
12 (b) If the educational facilities plan and the public
13 educational facilities element authorize a contribution of
14 land; the construction, expansion, or payment for land
15 acquisition; or the construction or expansion of a public
16 school facility, or a portion thereof, as proportionate-share
17 mitigation, the local government shall credit such a
18 contribution, construction, expansion, or payment toward any
19 other impact fee or exaction imposed by local ordinance for
20 the same need, on a dollar-for-dollar basis at fair market
21 value.
22 (c) Any proportionate-share mitigation must be
23 directed by the school board toward a school capacity
24 improvement that is identified in the financially feasible
25 5-year district work plan and that will be provided in
26 accordance with a binding developers agreement.
27 (5) Subsections (3) and (4) shall not take effect
28 within a jurisdiction until:
29 (a) The local governments and the school board have
30 entered into an interlocal agreement pursuant to ss. 163.31776
31 and 235.193;
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1 (b) The local government has adopted a public
2 education facilities element required under s. 163.31776 and
3 the element has been found in compliance;
4 (c) The school board has revised its district
5 education facilities plan to comply with s. 235.185; and
6 (d) One of the following revenue sources is levied or
7 committed for the purpose of funding public educational
8 facilities consistent with the public educational facilities
9 plan and interlocal agreement adopted pursuant to s.
10 163.31776, and the district educational facilities plan
11 pursuant to s. 235.185:
12 1. The half-cent school capital outlay surtax
13 authorized by s. 212.055(6); or
14 2. An amount of broad-based revenue from state or
15 local sources is committed to the implementation of the
16 financially feasible work program adopted by the school board
17 pursuant to s. 235.185.
18 (6) Under limited circumstances dealing with
19 educational facilities, countervailing planning and public
20 policy goals may come into conflict with the requirements of
21 subsections (3) and (4). Often the unintended results directly
22 conflict with the goals and policies of the state
23 comprehensive plan and the intent of this part. Therefore, a
24 local government may grant an exception from the requirements
25 of subsections (3) and (4) if the proposed development is
26 otherwise consistent with the adopted local government
27 comprehensive plan and is a project located within an area
28 designated in the comprehensive plan for:
29 (a) Urban infill development;
30 (b) Urban redevelopment;
31 (c) Downtown revitalization; or
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1 (d) Urban infill and redevelopment under s. 163.2517.
2 (7) This section does not prohibit a local government
3 from using its home-rule powers to deny a comprehensive plan
4 amendment or from rezoning.
5 Section 5. Subsection (4) of section 163.3180, Florida
6 Statutes, is amended to read:
7 163.3180 Concurrency.--
8 (4)(a) The concurrency requirement as implemented in
9 local comprehensive plans applies to state and other public
10 facilities and development to the same extent that it applies
11 to all other facilities and development, as provided by law.
12 (b) The concurrency requirement as implemented in
13 local comprehensive plans does not apply to public transit
14 facilities. For the purposes of this paragraph, public
15 transit facilities include transit stations and terminals,
16 transit station parking, park-and-ride lots, intermodal public
17 transit connection or transfer facilities, and fixed bus,
18 guideway, and rail stations. As used in this paragraph, the
19 terms "terminals" and "transit facilities" do not include
20 airports or seaports or commercial or residential development
21 constructed in conjunction with a public transit facility.
22 (c) The concurrency requirement as implemented in
23 local government comprehensive plans may be waived by a local
24 government for urban infill and redevelopment areas designated
25 pursuant to s. 163.2517 if such a waiver does not endanger
26 public health or safety as defined by the local government in
27 its local government comprehensive plan.
28 Section 6. Subsections (1), (3), (4), and (6) of
29 section 163.3184, Florida Statutes, are amended to read:
30 163.3184 Process for adoption of comprehensive plan or
31 plan amendment.--
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1 (1) DEFINITIONS.--As used in this section, the term:
2 (a) "Affected person" includes the affected local
3 government; persons owning property, residing, or owning or
4 operating a business within the boundaries of the local
5 government whose plan is the subject of the review; owners of
6 real property abutting real property that is the subject of a
7 proposed change to a future land use map; and adjoining local
8 governments that can demonstrate that the plan or plan
9 amendment will produce substantial impacts on the increased
10 need for publicly funded infrastructure or substantial impacts
11 on areas designated for protection or special treatment within
12 their jurisdiction. Each person, other than an adjoining local
13 government, in order to qualify under this definition, shall
14 also have submitted oral or written comments, recommendations,
15 or objections to the local government during the period of
16 time beginning with the transmittal hearing for the plan or
17 plan amendment and ending with the adoption of the plan or
18 plan amendment.
19 (b) "In compliance" means consistent with the
20 requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180,
21 163.3191, and 163.3245, with the state comprehensive plan,
22 with the appropriate strategic regional policy plan, and with
23 chapter 9J-5, Florida Administrative Code, where such rule is
24 not inconsistent with this part and with the principles for
25 guiding development in designated areas of critical state
26 concern.
27 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
28 AMENDMENT.--
29 (a) Each local governing body shall transmit the
30 complete proposed comprehensive plan or plan amendment to the
31 state land planning agency, the appropriate regional planning
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1 council and water management district, the Department of
2 Environmental Protection, the Department of State, and the
3 Department of Transportation, and, in the case of municipal
4 plans, to the appropriate county, and, in the case of county
5 plans, to the Fish and Wildlife Conservation Commission and
6 the Department of Agriculture and Consumer Services,
7 immediately following a public hearing pursuant to subsection
8 (15) as specified in the state land planning agency's
9 procedural rules. The local governing body shall also transmit
10 a copy of the complete proposed comprehensive plan or plan
11 amendment to any other unit of local government or government
12 agency in the state that has filed a written request with the
13 governing body for the plan or plan amendment. The local
14 government may request a review by the state land planning
15 agency pursuant to subsection (6) at the time of the
16 transmittal of an amendment.
17 (b) A local governing body shall not transmit portions
18 of a plan or plan amendment unless it has previously provided
19 to all state agencies designated by the state land planning
20 agency a complete copy of its adopted comprehensive plan
21 pursuant to subsection (7) and as specified in the agency's
22 procedural rules. In the case of comprehensive plan
23 amendments, the local governing body shall transmit to the
24 state land planning agency, the appropriate regional planning
25 council and water management district, the Department of
26 Environmental Protection, the Department of State, and the
27 Department of Transportation, and, in the case of municipal
28 plans, to the appropriate county, and, in the case of county
29 plans, to the Fish and Wildlife Conservation Commission and
30 the Department of Agriculture and Consumer Services, the
31 materials specified in the state land planning agency's
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1 procedural rules and, in cases in which the plan amendment is
2 a result of an evaluation and appraisal report adopted
3 pursuant to s. 163.3191, a copy of the evaluation and
4 appraisal report. Local governing bodies shall consolidate all
5 proposed plan amendments into a single submission for each of
6 the two plan amendment adoption dates during the calendar year
7 pursuant to s. 163.3187.
8 (c) A local government may adopt a proposed plan
9 amendment previously transmitted pursuant to this subsection,
10 unless review is requested or otherwise initiated pursuant to
11 subsection (6).
12 (d) In cases in which a local government transmits
13 multiple individual amendments that can be clearly and legally
14 separated and distinguished for the purpose of determining
15 whether to review the proposed amendment, and the state land
16 planning agency elects to review several or a portion of the
17 amendments and the local government chooses to immediately
18 adopt the remaining amendments not reviewed, the amendments
19 immediately adopted and any reviewed amendments that the local
20 government subsequently adopts together constitute one
21 amendment cycle in accordance with s. 163.3187(1).
22 (4) INTERGOVERNMENTAL REVIEW.--The If review of a
23 proposed comprehensive plan amendment is requested or
24 otherwise initiated pursuant to subsection (6), the state land
25 planning agency within 5 working days of determining that such
26 a review will be conducted shall transmit a copy of the
27 proposed plan amendment to various government agencies, as
28 appropriate, for response or comment, including, but not
29 limited to, the Department of Environmental Protection, the
30 Department of Transportation, the water management district,
31 and the regional planning council, and, in the case of
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1 municipal plans, to the county land planning agency. These
2 governmental agencies specified in paragraph (3)(a) shall
3 provide comments to the state land planning agency within 30
4 days after receipt by the state land planning agency of the
5 complete proposed plan amendment. If the plan or plan
6 amendment includes or relates to the public school facilities
7 element required by s. 163.31776, the state land planning
8 agency shall submit a copy to the Office of Educational
9 Facilities of the Commissioner of Education for review and
10 comment. The appropriate regional planning council shall also
11 provide its written comments to the state land planning agency
12 within 30 days after receipt by the state land planning agency
13 of the complete proposed plan amendment and shall specify any
14 objections, recommendations for modifications, and comments of
15 any other regional agencies to which the regional planning
16 council may have referred the proposed plan amendment. Written
17 comments submitted by the public within 30 days after notice
18 of transmittal by the local government of the proposed plan
19 amendment will be considered as if submitted by governmental
20 agencies. All written agency and public comments must be made
21 part of the file maintained under subsection (2).
22 (6) STATE LAND PLANNING AGENCY REVIEW.--
23 (a) The state land planning agency shall review a
24 proposed plan amendment upon request of a regional planning
25 council, affected person, or local government transmitting the
26 plan amendment. The request from the regional planning council
27 or affected person must be if the request is received within
28 30 days after transmittal of the proposed plan amendment
29 pursuant to subsection (3). The agency shall issue a report
30 of its objections, recommendations, and comments regarding the
31 proposed plan amendment. A regional planning council or
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CS for CS for CS for SB's 310 & 380 Second Engrossed
1 affected person requesting a review shall do so by submitting
2 a written request to the agency with a notice of the request
3 to the local government and any other person who has requested
4 notice.
5 (b) The state land planning agency may review any
6 proposed plan amendment regardless of whether a request for
7 review has been made, if the agency gives notice to the local
8 government, and any other person who has requested notice, of
9 its intention to conduct such a review within 35 30 days after
10 receipt of transmittal of the complete proposed plan amendment
11 pursuant to subsection (3).
12 (c) The state land planning agency shall establish by
13 rule a schedule for receipt of comments from the various
14 government agencies, as well as written public comments,
15 pursuant to subsection (4). If the state land planning agency
16 elects to review the amendment or the agency is required to
17 review the amendment as specified in paragraph (a), the agency
18 shall issue a report giving its objections, recommendations,
19 and comments regarding the proposed amendment within 60 days
20 after receipt of the complete proposed amendment by the state
21 land planning agency. The state land planning agency shall
22 have 30 days to review comments from the various government
23 agencies along with a local government's comprehensive plan or
24 plan amendment. During that period, the state land planning
25 agency shall transmit in writing its comments to the local
26 government along with any objections and any recommendations
27 for modifications. When a federal, state, or regional agency
28 has implemented a permitting program, the state land planning
29 agency shall not require a local government to duplicate or
30 exceed that permitting program in its comprehensive plan or to
31 implement such a permitting program in its land development
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CS for CS for CS for SB's 310 & 380 Second Engrossed
1 regulations. Nothing contained herein shall prohibit the
2 state land planning agency in conducting its review of local
3 plans or plan amendments from making objections,
4 recommendations, and comments or making compliance
5 determinations regarding densities and intensities consistent
6 with the provisions of this part. In preparing its comments,
7 the state land planning agency shall only base its
8 considerations on written, and not oral, comments, from any
9 source.
10 (d) The state land planning agency review shall
11 identify all written communications with the agency regarding
12 the proposed plan amendment. If the state land planning agency
13 does not issue such a review, it shall identify in writing to
14 the local government all written communications received 30
15 days after transmittal. The written identification must
16 include a list of all documents received or generated by the
17 agency, which list must be of sufficient specificity to enable
18 the documents to be identified and copies requested, if
19 desired, and the name of the person to be contacted to request
20 copies of any identified document. The list of documents must
21 be made a part of the public records of the state land
22 planning agency.
23 Section 7. Effective October 1, 2001, subsections (7),
24 (8), and (15) and paragraph (d) of subsection (16) of section
25 163.3184, Florida Statutes, as amended by this act, are
26 amended to read:
27 163.3184 Process for adoption of comprehensive plan or
28 plan amendment.--
29 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
30 PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government
31 shall review the written comments submitted to it by the state
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1 land planning agency, and any other person, agency, or
2 government. Any comments, recommendations, or objections and
3 any reply to them shall be public documents, a part of the
4 permanent record in the matter, and admissible in any
5 proceeding in which the comprehensive plan or plan amendment
6 may be at issue. The local government, upon receipt of
7 written comments from the state land planning agency, shall
8 have 120 days to adopt or adopt with changes the proposed
9 comprehensive plan or s. 163.3191 plan amendments. In the
10 case of comprehensive plan amendments other than those
11 proposed pursuant to s. 163.3191, the local government shall
12 have 60 days to adopt the amendment, adopt the amendment with
13 changes, or determine that it will not adopt the amendment.
14 The adoption of the proposed plan or plan amendment or the
15 determination not to adopt a plan amendment, other than a plan
16 amendment proposed pursuant to s. 163.3191, shall be made in
17 the course of a public hearing pursuant to subsection (15).
18 The local government shall transmit the complete adopted
19 comprehensive plan or adopted plan amendment, including the
20 names and addresses of persons compiled pursuant to paragraph
21 (15)(c), to the state land planning agency as specified in the
22 agency's procedural rules within 10 working days after
23 adoption. The local governing body shall also transmit a copy
24 of the adopted comprehensive plan or plan amendment to the
25 regional planning agency and to any other unit of local
26 government or governmental agency in the state that has filed
27 a written request with the governing body for a copy of the
28 plan or plan amendment.
29 (8) NOTICE OF INTENT.--
30 (a) Except as provided in s. 163.3187(3), the state
31 land planning agency, upon receipt of a local government's
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1 complete adopted comprehensive plan or plan amendment, shall
2 have 45 days for review and to determine if the plan or plan
3 amendment is in compliance with this act, unless the amendment
4 is the result of a compliance agreement entered into under
5 subsection (16), in which case the time period for review and
6 determination shall be 30 days. If review was not conducted
7 under subsection (6), the agency's determination must be based
8 upon the plan amendment as adopted. If review was conducted
9 under subsection (6), the agency's determination of compliance
10 must be based only upon one or both of the following:
11 1. The state land planning agency's written comments
12 to the local government pursuant to subsection (6); or
13 2. Any changes made by the local government to the
14 comprehensive plan or plan amendment as adopted.
15 (b) During the time period provided for in this
16 subsection, the state land planning agency shall issue,
17 through a senior administrator or the secretary, as specified
18 in the agency's procedural rules, a notice of intent to find
19 that the plan or plan amendment is in compliance or not in
20 compliance. A notice of intent shall be issued by publication
21 in the manner provided by this paragraph and by mailing a copy
22 to the local government and to persons who request notice.
23 The required advertisement shall be no less than 2 columns
24 wide by 10 inches long, and the headline in the advertisement
25 shall be in a type no smaller than 12 point. The advertisement
26 shall not be placed in that portion of the newspaper where
27 legal notices and classified advertisements appear. The
28 advertisement shall be published in a newspaper which meets
29 the size and circulation requirements set forth in paragraph
30 (15)(e) (15)(c) and which has been designated in writing by
31 the affected local government at the time of transmittal of
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1 the amendment. Publication by the state land planning agency
2 of a notice of intent in the newspaper designated by the local
3 government shall be prima facie evidence of compliance with
4 the publication requirements of this section.
5 (c) The state land planning agency shall post a copy
6 of the notice of intent on the agency's Internet site. The
7 agency shall, no later than the date the notice of intent is
8 transmitted to the newspaper, mail a courtesy informational
9 statement to the persons whose names and mailing addresses
10 were compiled pursuant to paragraph (15)(c). The informational
11 statement must identify the newspaper in which the notice of
12 intent will appear, the approximate date of publication of the
13 notice of intent, and the ordinance number of the plan or plan
14 amendment and must advise that the informational statement is
15 provided as a courtesy to the person and that affected persons
16 have 21 days from the actual date of publication of the notice
17 to file a petition. The informational statement must be sent
18 by regular mail and does not affect the timeframes specified
19 in subsections (9) and (10).
20 (d) A local government that has an Internet site shall
21 post a copy of the state land planning agency's notice of
22 intent on that site within 5 days after receipt of the mailed
23 copy of the agency's notice of intent.
24 (15) PUBLIC HEARINGS.--
25 (a) The procedure for transmittal of a complete
26 proposed comprehensive plan or plan amendment pursuant to
27 subsection (3) and for adoption of a comprehensive plan or
28 plan amendment pursuant to subsection (7) shall be by
29 affirmative vote of not less than a majority of the members of
30 the governing body present at the hearing. The adoption of a
31 comprehensive plan or plan amendment shall be by ordinance.
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1 For the purposes of transmitting or adopting a comprehensive
2 plan or plan amendment, the notice requirements in chapters
3 125 and 166 are superseded by this subsection, except as
4 provided in this part.
5 (b) The local governing body shall hold at least two
6 advertised public hearings on the proposed comprehensive plan
7 or plan amendment as follows:
8 1. The first public hearing shall be held at the
9 transmittal stage pursuant to subsection (3). It shall be
10 held on a weekday at least 7 days after the day that the first
11 advertisement is published.
12 2. The second public hearing shall be held at the
13 adoption stage pursuant to subsection (7). It shall be held
14 on a weekday at least 5 days after the day that the second
15 advertisement is published.
16 (c) The local government shall provide a sign-in form
17 at the transmittal hearing and at the adoption hearing for
18 persons to provide their names and mailing addresses. The
19 sign-in form must advise that any person providing the
20 requested information will receive a courtesy informational
21 statement concerning publications of the state land planning
22 agency's notice of intent. The local government shall add to
23 the sign-in form the name and address of any person who
24 submits written comments concerning the proposed plan or plan
25 amendment during the time period between the commencement of
26 the transmittal hearing and the end of the adoption hearing.
27 It is the responsibility of the person completing the form or
28 providing written commends to accurately, completely, and
29 legibly provide all information needed in order to receive the
30 courtesy informational statement.
31
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1 (d) The agency shall provide a model sign-in format
2 for providing the list to the agency which may be used by the
3 local government to satisfy the requirements of this
4 subsection.
5 (e)(c) If the proposed comprehensive plan or plan
6 amendment changes the actual list of permitted, conditional,
7 or prohibited uses within a future land use category or
8 changes the actual future land use map designation of a parcel
9 or parcels of land, the required advertisements shall be in
10 the format prescribed by s. 125.66(4)(b)2. for a county or by
11 s. 166.041(3)(c)2.b. for a municipality.
12 (16) COMPLIANCE AGREEMENTS.--
13 (d) A local government may adopt a plan amendment
14 pursuant to a compliance agreement in accordance with the
15 requirements of paragraph (15)(a). The plan amendment shall be
16 exempt from the requirements of subsections (2)-(7). The
17 local government shall hold a single adoption public hearing
18 pursuant to the requirements of subparagraph (15)(b)2. and
19 paragraph (15)(e) (15)(c). Within 10 working days after
20 adoption of a plan amendment, the local government shall
21 transmit the amendment to the state land planning agency as
22 specified in the agency's procedural rules, and shall submit
23 one copy to the regional planning agency and to any other unit
24 of local government or government agency in the state that has
25 filed a written request with the governing body for a copy of
26 the plan amendment, and one copy to any party to the
27 proceeding under ss. 120.569 and 120.57 granted intervenor
28 status.
29 Section 8. Paragraph (k) is added to subsection (1) of
30 section 163.3187, Florida Statutes, to read:
31 163.3187 Amendment of adopted comprehensive plan.--
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1 (1) Amendments to comprehensive plans adopted pursuant
2 to this part may be made not more than two times during any
3 calendar year, except:
4 (k) A comprehensive plan amendment to adopt a public
5 educational facilities element pursuant to s. 163.31776 and
6 future land-use-map amendments for school siting may be
7 approved notwithstanding statutory limits on the frequency of
8 adopting plan amendments.
9 Section 9. Paragraph (k) of subsection (2) of section
10 163.3191, Florida Statutes, is amended, and paragraph (l) is
11 added to that subsection, to read:
12 163.3191 Evaluation and appraisal of comprehensive
13 plan.--
14 (2) The report shall present an evaluation and
15 assessment of the comprehensive plan and shall contain
16 appropriate statements to update the comprehensive plan,
17 including, but not limited to, words, maps, illustrations, or
18 other media, related to:
19 (k) The coordination of the comprehensive plan with
20 existing public schools and those identified in the applicable
21 educational 5-year school district facilities plan work
22 program adopted pursuant to s. 235.185. The assessment shall
23 address, where relevant, the success or failure of the
24 coordination of the future land use map and associated planned
25 residential development with public schools and their
26 capacities, as well as the joint decisionmaking processes
27 engaged in by the local government and the school board in
28 regard to establishing appropriate population projections and
29 the planning and siting of public school facilities. If the
30 issues are not relevant, the local government shall
31 demonstrate that they are not relevant.
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1 (l) If any of the jurisdiction of the local government
2 is located within the coastal high hazard area, an evaluation
3 of whether any past reduction in land use density impairs the
4 property rights of current residents when redevelopment
5 occurs, including, but not limited to, redevelopment following
6 a natural disaster. The local government must identify
7 strategies to address redevelopment feasibility and the
8 property rights of affected residents. These strategies may
9 include the authorization of redevelopment up to the actual
10 built density in existence on the property prior to the
11 natural disaster or redevelopment.
12 Section 10. The sum of $500,000 is appropriated to the
13 Department of Community Affairs from the General Revenue Fund
14 to develop a uniform fiscal-impact-analysis model for
15 evaluating the cost of infrastructure to support development.
16 Section 11. Section 163.3215, Florida Statutes, is
17 amended to read:
18 163.3215 Standing to enforce local comprehensive plans
19 through development orders.--
20 (1) Any aggrieved or adversely affected party may
21 maintain an action for declaratory and injunctive or other
22 relief against any local government to challenge any decision
23 of local government granting or denying an application for, or
24 to prevent such local government from taking any action on a
25 development order, as defined in s. 163.3164, which materially
26 alters the use or density or intensity of use on a particular
27 piece of property t hat is not consistent with the
28 comprehensive plan adopted under this part. Such action shall
29 be filed no later than 30 days following rendition of a
30 development order or other written decision, or when all local
31
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1 administrative appeals, if any, are exhausted, whichever is
2 later.
3 (2) "Aggrieved or adversely affected party" means any
4 person or local government which will suffer an adverse effect
5 to an interest protected or furthered by the local government
6 comprehensive plan, including interests related to health and
7 safety, police and fire protection service systems, densities
8 or intensities of development, transportation facilities,
9 health care facilities, equipment or services, or
10 environmental or natural resources. The alleged adverse
11 interest may be shared in common with other members of the
12 community at large, but shall exceed in degree the general
13 interest in community good shared by all persons. The term
14 shall include the owner, developer or applicant for a
15 development order.
16 (3)(a) No suit may be maintained under this section
17 challenging the approval or denial of a zoning, rezoning,
18 planned unit development, variance, special exception,
19 conditional use, or other development order granted prior to
20 October 1, 1985, or applied for prior to July 1, 1985.
21 (b) Suit under subsections (1) or (4) this section
22 shall be the sole action available to challenge the
23 consistency of a development order with a comprehensive plan
24 adopted under this part. The local government that issues
25 that development order shall be named as the respondent.
26 (4) If a local government elects to adopt or has
27 adopted an ordinance establishing, at a minimum, the
28 requirements listed in this subsection, then the sole action
29 for an aggrieved and adversely affected party to challenge
30 consistency of a development order with the comprehensive plan
31 shall be by a petition for certiorari filed in circuit court
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1 no later than 30 days following rendition of a development
2 order or other written decision of the local government, or
3 when all local administrative appeals, if any, are exhausted,
4 whichever is later. An action for injunctive or other relief
5 may be joined with the petition for certiorari. Principles of
6 judicial or administrative res judicata and collateral
7 estoppel shall apply to these proceedings. Minimum components
8 of the local process shall be as follows: As a condition
9 precedent to the institution of an action pursuant to this
10 section, the complaining party shall first file a verified
11 complaint with the local government whose actions are
12 complained of setting forth the facts upon which the complaint
13 is based and the relief sought by the complaining party. The
14 verified complaint shall be filed no later than 30 days after
15 the alleged inconsistent action has been taken. The local
16 government receiving the complaint shall respond within 30
17 days after receipt of the complaint. Thereafter, the
18 complaining party may institute the action authorized in this
19 section. However, the action shall be instituted no later
20 than 30 days after the expiration of the 30-day period which
21 the local government has to take appropriate action. Failure
22 to comply with this subsection shall not bar an action for a
23 temporary restraining order to prevent immediate and
24 irreparable harm from the actions complained of.
25 (a) Notice by publication and by mailed notice to all
26 abutting property owners within 10 days of the filing of an
27 application for development review, provided that notice under
28 this subsection shall not be required for an application for a
29 building permit. The notice must delineate that aggrieved or
30 adversely affected persons have the right to request a
31 quasi-judicial hearing, that the request need not be a formal
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1 petition or complaint, how to initiate the quasi-judicial
2 process and the time-frames for initiating the process. The
3 local government shall include an opportunity for an
4 alternative dispute resolution process and may include a stay
5 of the formal quasi-judicial hearing for this purpose.
6 (b) A point of entry into the process consisting of a
7 written preliminary decision, at a time and in a manner to be
8 established in the local ordinance, with the time to request a
9 quasi-judicial hearing running from the written preliminary
10 decision; provided that the local government is not bound by
11 the preliminary decision. A party may request a hearing to
12 challenge or support a preliminary decision.
13 (c) An opportunity to participate in the process for
14 an aggrieved or adversely affected party which provides a
15 reasonable time to prepare and present a case for a
16 quasi-judicial hearing.
17 (d) An opportunity for reasonable discovery prior to a
18 quasi-judicial hearing.
19 (e) A quasi-judicial hearing before an independent
20 special master who shall be an attorney with at least five
21 years experience and who shall, at the conclusion of the
22 hearing, recommend written findings of fact and conclusions of
23 law.
24 (f) At the quasi-judicial hearing all parties shall
25 have the opportunity to respond, present evidence and argument
26 on all issues involved that are related to the development
27 order and to conduct cross-examination and submit rebuttal
28 evidence. Public testimony must be allowed.
29 (g) The standard of review applied by the special
30 master shall be strict scrutiny in accordance with Florida
31 law.
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1 (h) A duly noticed public hearing before the local
2 government at which public testimony shall be allowed. At the
3 hearing the local government shall be bound by the special
4 master's findings of fact unless the findings of fact are not
5 supported by competent substantial evidence. The governing
6 body may modify the conclusions of law if it finds that the
7 special master's application or interpretation of law is
8 erroneous. The governing body may make reasonable
9 interpretations of its comprehensive plan and land development
10 regulations without regard to whether the special master's
11 interpretation is labeled as a finding of fact or a conclusion
12 of law. The local government's final decision shall be
13 reduced to writing, including the findings of fact and
14 conclusions of law, and shall not be considered rendered or
15 final until officially date stamped by the city or county
16 clerk.
17 (i) No ex parte communication relating to the merits
18 of the matter under review shall be made to the special
19 master. No ex parte communication relating to the merits of
20 the matter under review shall be made to the governing body
21 after a time to be established by the local ordinance, but no
22 later than receipt of the recommended order by the governing
23 body.
24 (j) At the option of the local government this
25 ordinance may require actions to challenge the consistency of
26 a development order with land development regulations to be
27 brought in the same proceeding.
28 (k) Authority by the special master to issue and
29 enforce subpoenas and compel entry upon land.
30 (5) Venue in any cases brought under this section
31 shall lie in the county or counties where the actions or
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1 inactions giving rise to the cause of action are alleged to
2 have occurred.
3 (6) The signature of an attorney or party constitutes
4 a certificate that he or she has read the pleading, motion, or
5 other paper and that, to the best of his or her knowledge,
6 information, and belief formed after reasonable inquiry, it is
7 not interposed for any improper purpose, such as to harass or
8 to cause unnecessary delay or for economic advantage,
9 competitive reasons or frivolous purposes or needless increase
10 in the cost of litigation. If a pleading, motion, or other
11 paper is signed in violation of these requirements, the court,
12 upon motion or its own initiative, shall impose upon the
13 person who signed it, a represented party, or both, an
14 appropriate sanction, which may include an order to pay to the
15 other party or parties the amount of reasonable expenses
16 incurred because of the filing of the pleading, motion, or
17 other paper, including a reasonable attorney's fee.
18 (7) In any suit action under subsections (1) or (4)
19 this section, no settlement shall be entered into by the local
20 government unless the terms of the settlement have been the
21 subject of a public hearing after notice as required by this
22 part.
23 (8) In any suit under this section, the Department of
24 Legal Affairs may intervene to represent the interests of the
25 state.
26 (9) Nothing in this section shall be construed to
27 relieve the local government of its obligations to hold public
28 hearings as required by law.
29 Section 12. Subsection (9) of section 163.3244,
30 Florida Statutes, is amended to read:
31
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1 163.3244 Sustainable communities demonstration
2 project.--
3 (9) This section is shall stand repealed on June 30,
4 2002 2001, and shall be reviewed by the Legislature prior to
5 that date.
6 Section 13. Subsections (2) and (3) of section
7 186.504, Florida Statutes, are amended to read:
8 186.504 Regional planning councils; creation;
9 membership.--
10 (2) Membership on the regional planning council shall
11 be as follows:
12 (a) Representatives appointed by each of the member
13 counties in the geographic area covered by the regional
14 planning council.
15 (b) Representatives from other member local
16 general-purpose governments in the geographic area covered by
17 the regional planning council.
18 (c) Representatives appointed by the Governor from the
19 geographic area covered by the regional planning council,
20 including an elected school board member from the geographic
21 area covered by the regional planning council, to be nominated
22 by the Florida School Board Association.
23 (3) Not less than two-thirds of the representatives
24 serving as voting members on the governing bodies of such
25 regional planning councils shall be elected officials of local
26 general-purpose governments chosen by the cities and counties
27 of the region, provided each county shall have at least one
28 vote. The remaining one-third of the voting members on the
29 governing board shall be appointed by the Governor, to include
30 one elected school board member, subject to confirmation by
31 the Senate, and shall reside in the region. No two appointees
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1 of the Governor shall have their places of residence in the
2 same county until each county within the region is represented
3 by a Governor's appointee to the governing board. Nothing
4 contained in this section shall deny to local governing bodies
5 or the Governor the option of appointing either locally
6 elected officials or lay citizens provided at least two-thirds
7 of the governing body of the regional planning council is
8 composed of locally elected officials.
9 Section 14. Subsection (6) of section 212.055, Florida
10 Statutes, is amended to read:
11 212.055 Discretionary sales surtaxes; legislative
12 intent; authorization and use of proceeds.--It is the
13 legislative intent that any authorization for imposition of a
14 discretionary sales surtax shall be published in the Florida
15 Statutes as a subsection of this section, irrespective of the
16 duration of the levy. Each enactment shall specify the types
17 of counties authorized to levy; the rate or rates which may be
18 imposed; the maximum length of time the surtax may be imposed,
19 if any; the procedure which must be followed to secure voter
20 approval, if required; the purpose for which the proceeds may
21 be expended; and such other requirements as the Legislature
22 may provide. Taxable transactions and administrative
23 procedures shall be as provided in s. 212.054.
24 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
25 (a) The school board in each county may levy, pursuant
26 to resolution conditioned to take effect only upon approval by
27 a majority vote of the electors of the county voting in a
28 referendum, a discretionary sales surtax at a rate that may
29 not exceed 0.5 percent.
30 (b) The resolution shall include a statement that
31 provides a brief and general description of the school capital
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1 outlay projects to be funded by the surtax. If applicable, the
2 resolution must state that the district school board has been
3 recognized by the State Board of Education as having a Florida
4 Frugal Schools Program. The statement shall conform to the
5 requirements of s. 101.161 and shall be placed on the ballot
6 by the governing body of the county. The following question
7 shall be placed on the ballot:
8
9 ....FOR THE ....CENTS TAX
10 ....AGAINST THE ....CENTS TAX
11
12 (c) As an alternative method of levying the
13 discretionary sales surtax, the district school board may
14 levy, pursuant to resolution adopted by a supermajority of the
15 members of the school board, a discretionary sales surtax at a
16 rate not to exceed 0.5 percent where the following conditions
17 are met:
18 1. The district school board and local governments in
19 the county where the school district is located have adopted
20 the interlocal agreement and public educational facilities
21 element required by s. 163.31776;
22 2. The district school board has adopted a district
23 educational facilities plan pursuant to s. 235.185; and
24 3. The district school board has been recognized by
25 the State Board of Education as having a Florida Frugal School
26 Program pursuant to s. 235.2197 and complies with s.
27 235.2197(2)(b) and (c).
28
29 For purposes of this paragraph, the term "supermajority vote"
30 means an affirmative vote of a majority of the membership of
31 the school board plus 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 15. Section 235.002, Florida Statutes, is
2 amended to read:
3 235.002 Intent.--
4 (1) The intent of the Legislature is to:
5 (a) To provide each student in the public education
6 system the availability of an educational environment
7 appropriate to his or her educational needs which is
8 substantially equal to that available to any similar student,
9 notwithstanding geographic differences and varying local
10 economic factors, and to provide facilities for the Florida
11 School for the Deaf and the Blind and other educational
12 institutions and agencies as may be defined by law.
13 (a)(b) To Encourage the use of innovative designs,
14 construction techniques, and financing mechanisms in building
15 educational facilities for the purposes purpose of reducing
16 costs to the taxpayer, creating a more satisfactory
17 educational environment, and reducing the amount of time
18 necessary for design and construction to fill unmet needs, and
19 permitting the on-site and off-site improvements required by
20 law.
21 (b)(c) To Provide a systematic mechanism whereby
22 educational facilities construction plans can meet the current
23 and projected needs of the public education system population
24 as quickly as possible by building uniform, sound educational
25 environments and to provide a sound base for planning for
26 educational facilities needs.
27 (c)(d) To Provide proper legislative support for as
28 wide a range of fiscally sound financing methodologies as
29 possible for the delivery of educational facilities and, where
30 appropriate, for their construction, operation, and
31 maintenance.
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1 (d) Establish a systematic process of sharing
2 information between school boards and local governments on the
3 growth and development trends in their communities in order to
4 forecast future enrollment and school needs.
5 (e) Establish a systematic process by which school
6 boards and local governments can cooperatively plan for the
7 provision of educational facilities to meet the current and
8 projected needs of the public education system, including the
9 needs placed on the public education system as a result of
10 growth and development decisions by local governments.
11 (f) Establish a systematic process by which local
12 governments and school boards can cooperatively identify and
13 meet the infrastructure needs of public schools.
14 (2) The Legislature finds and declares that:
15 (a) Public schools are a linchpin to the vitality of
16 our communities and play a significant role in the thousands
17 of individual housing decisions that result in community
18 growth trends.
19 (b)(a) Growth and development issues transcend the
20 boundaries and responsibilities of individual units of
21 government, and often no single unit of government can plan or
22 implement policies to deal with these issues without affecting
23 other units of government.
24 (c)(b) The effective and efficient provision of public
25 educational facilities and services enhances is essential to
26 preserving and enhancing the quality of life of the people of
27 this state.
28 (d)(c) The provision of educational facilities often
29 impacts community infrastructure and services. Assuring
30 coordinated and cooperative provision of such facilities and
31
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1 associated infrastructure and services is in the best interest
2 of the state.
3 Section 16. Section 235.15, Florida Statutes, is
4 amended to read:
5 235.15 Educational plant survey; localized need
6 assessment; PECO project funding.--
7 (1) At least every 5 years, each board, including the
8 Board of Regents, shall arrange for an educational plant
9 survey, to aid in formulating plans for housing the
10 educational program and student population, faculty,
11 administrators, staff, and auxiliary and ancillary services of
12 the district or campus, including consideration of the local
13 comprehensive plan. The Division of Workforce Development
14 shall document the need for additional career and adult
15 education programs and the continuation of existing programs
16 before facility construction or renovation related to career
17 or adult education may be included in the educational plant
18 survey of a school district or community college that delivers
19 career or adult education programs. Information used by the
20 Division of Workforce Development to establish facility needs
21 must include, but need not be limited to, labor market data,
22 needs analysis, and information submitted by the school
23 district or community college.
24 (a) Survey preparation and required data.--Each survey
25 shall be conducted by the board or an agency employed by the
26 board. Surveys shall be reviewed and approved by the board,
27 and a file copy shall be submitted to the Office of
28 Educational Facilities of the Commissioner of Education. The
29 survey report shall include at least an inventory of existing
30 educational and ancillary plants; recommendations for existing
31 educational and ancillary plants, including safe access
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1 facilities; recommendations for new educational or ancillary
2 plants, including the general location of each in coordination
3 with the land use plan and safe access facilities; campus
4 master plan update and detail for community colleges; the
5 utilization of school plants based on an extended school day
6 or year-round operation; and such other information as may be
7 required by the rules of the State Board of Education. This
8 report may be amended, if conditions warrant, at the request
9 of the board or commissioner.
10 (b) Required need assessment criteria for district,
11 community college, and state university plant surveys.--Each
12 Educational plant surveys survey completed after December 31,
13 1997, must use uniform data sources and criteria specified in
14 this paragraph. Each educational plant survey completed after
15 June 30, 1995, and before January 1, 1998, must be revised, if
16 necessary, to comply with this paragraph. Each revised
17 educational plant survey and each new educational plant survey
18 supersedes previous surveys.
19 1. The school district's survey must be submitted as a
20 part of the district educational facilities plan defined in s.
21 235.185. Each school district's educational plant survey must
22 reflect the capacity of existing satisfactory facilities as
23 reported in the Florida Inventory of School Houses.
24 Projections of facility space needs may not exceed the norm
25 space and occupant design criteria established by the State
26 Requirements for Educational Facilities. Existing and
27 projected capital outlay full-time equivalent student
28 enrollment must be consistent with data prepared by the
29 department and must include all enrollment used in the
30 calculation of the distribution formula in s. 235.435(3). All
31 satisfactory relocatable classrooms, including those owned,
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1 lease-purchased, or leased by the school district, shall be
2 included in the school district inventory of gross capacity of
3 facilities and must be counted at actual student capacity for
4 purposes of the inventory. For future needs determination,
5 student capacity shall not be assigned to any relocatable
6 classroom that is scheduled for elimination or replacement
7 with a permanent educational facility in the adopted 5-year
8 educational plant survey and in the district facilities work
9 program adopted under s. 235.185. Those relocatables clearly
10 identified and scheduled for replacement in a school board
11 adopted financially feasible 5-year district facilities work
12 program shall be counted at zero capacity at the time the work
13 program is adopted and approved by the school board. However,
14 if the district facilities work program is changed or altered
15 and the relocatables are not replaced as scheduled in the work
16 program, they must then be reentered into the system for
17 counting at actual capacity. Relocatables may not be
18 perpetually added to the work program and continually extended
19 for purposes of circumventing the intent of this section. All
20 remaining relocatable classrooms, including those owned,
21 lease-purchased, or leased by the school district, shall be
22 counted at actual student capacity. The educational plant
23 survey shall identify the number of relocatable student
24 stations scheduled for replacement during the 5-year survey
25 period and the total dollar amount needed for that
26 replacement. All district educational plant surveys revised
27 after July 1, 1998, shall include information on leased space
28 used for conducting the district's instructional program, in
29 accordance with the recommendations of the department's report
30 authorized in s. 235.056. A definition of satisfactory
31
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1 relocatable classrooms shall be established by rule of the
2 department.
3 2. Each survey of a special facility, joint-use
4 facility, or cooperative vocational education facility must be
5 based on capital outlay full-time equivalent student
6 enrollment data prepared by the department for school
7 districts, by the Division of Community Colleges for community
8 colleges, and by the Board of Regents for state universities.
9 A survey of space needs of a joint-use facility shall be based
10 upon the respective space needs of the school districts,
11 community colleges, and universities, as appropriate.
12 Projections of a school district's facility space needs may
13 not exceed the norm space and occupant design criteria
14 established by the State Requirements for Educational
15 Facilities.
16 3. Each community college's survey must reflect the
17 capacity of existing facilities as specified in the inventory
18 maintained by the Division of Community Colleges. Projections
19 of facility space needs must comply with standards for
20 determining space needs as specified by rule of the State
21 Board of Education. The 5-year projection of capital outlay
22 student enrollment must be consistent with the annual report
23 of capital outlay full-time student enrollment prepared by the
24 Division of Community Colleges.
25 4. Each state university's survey must reflect the
26 capacity of existing facilities as specified in the inventory
27 maintained and validated by the Board of Regents. Projections
28 of facility space needs must be consistent with standards for
29 determining space needs approved by the Board of Regents. The
30 projected capital outlay full-time equivalent student
31 enrollment must be consistent with the 5-year planned
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1 enrollment cycle for the State University System approved by
2 the Board of Regents.
3 5. The district educational facilities plan
4 educational plant survey of a school district and the
5 educational plant survey of a, community college, or state
6 university may include space needs that deviate from approved
7 standards for determining space needs if the deviation is
8 justified by the district or institution and approved by the
9 department or the Board of Regents, as appropriate, as
10 necessary for the delivery of an approved educational program.
11 (c) Review and validation.--The Office of Educational
12 Facilities of the Commissioner of Education department shall
13 review and validate the surveys of school districts and
14 community colleges and any amendments thereto for compliance
15 with the requirements of this chapter and, when required by
16 the State Constitution, shall recommend those in compliance
17 for approval by the State Board of Education.
18 (2) Only the superintendent or the college president
19 shall certify to the Office of Educational Facilities of the
20 Commissioner of Education department a project's compliance
21 with the requirements for expenditure of PECO funds prior to
22 release of funds.
23 (a) Upon request for release of PECO funds for
24 planning purposes, certification must be made to the Office of
25 Educational Facilities of the Commissioner of Education
26 department that the need for and location of the facility are
27 in compliance with the board-approved survey recommendations,
28 and that the project meets the definition of a PECO project
29 and the limiting criteria for expenditures of PECO funding,
30 and the plan is consistent with the local government
31 comprehensive plan.
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1 (b) Upon request for release of construction funds,
2 certification must be made to the Office of Educational
3 Facilities of the Commissioner of Education department that
4 the need and location of the facility are in compliance with
5 the board-approved survey recommendations, that the project
6 meets the definition of a PECO project and the limiting
7 criteria for expenditures of PECO funding, and that the
8 construction documents meet the requirements of the State
9 Uniform Building Code for Educational Facilities Construction
10 or other applicable codes as authorized in this chapter.
11 Section 17. Subsection (3) of section 235.175, Florida
12 Statutes, is amended to read:
13 235.175 SMART schools; Classrooms First; legislative
14 purpose.--
15 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK
16 PROGRAMS.--It is the purpose of the Legislature to create s.
17 235.185, requiring each school district annually to adopt an
18 educational facilities plan that provides an integrated
19 long-range facilities plan, including the survey of projected
20 needs and the a district facilities 5-year work program. The
21 purpose of the educational facilities plan district facilities
22 work program is to keep the school board, local governments,
23 and the public fully informed as to whether the district is
24 using sound policies and practices that meet the essential
25 needs of students and that warrant public confidence in
26 district operations. The educational facilities plan district
27 facilities work program will be monitored by the SMART Schools
28 Clearinghouse, which will also apply performance standards
29 pursuant to s. 235.218.
30 Section 18. Section 235.18, Florida Statutes, is
31 amended to read:
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1 235.18 Annual capital outlay budget.--Each board,
2 including the Board of Regents, shall, each year, adopt a
3 capital outlay budget for the ensuing year in order that the
4 capital outlay needs of the board for the entire year may be
5 well understood by the public. This capital outlay budget
6 shall be a part of the annual budget and shall be based upon
7 and in harmony with the educational plant and ancillary
8 facilities plan. This budget shall designate the proposed
9 capital outlay expenditures by project for the year from all
10 fund sources. The board may not expend any funds on any
11 project not included in the budget, as amended. Each district
12 school board must prepare its tentative district education
13 facilities plan facilities work program as required by s.
14 235.185 before adopting the capital outlay budget.
15 Section 19. Section 235.185, Florida Statutes, is
16 amended to read:
17 235.185 School district educational facilities plan
18 work program; definitions; preparation, adoption, and
19 amendment; long-term work programs.--
20 (1) DEFINITIONS.--As used in this section, the term:
21 (a) "Adopted educational facilities plan" means the
22 comprehensive planning document that is adopted annually by
23 the district school board as provided in subsection (2) and
24 that contains the educational plant survey.
25 (a) "Adopted district facilities work program" means
26 the 5-year work program adopted by the district school board
27 as provided in subsection (3).
28 (b) "Tentative District facilities work program" means
29 the 5-year listing of capital outlay projects, adopted by the
30 district school board as provided in subparagraph (2)(a)2. and
31
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1 paragraph (2)(b) as part of the district educational
2 facilities plan, which is required in order to:
3 1. To Properly maintain the educational plant and
4 ancillary facilities of the district.
5 2. To Provide an adequate number of satisfactory
6 student stations for the projected student enrollment of the
7 district in K-12 programs in accordance with the goal in s.
8 235.062.
9 (c) "Tentative educational facilities plan" means the
10 comprehensive planning document prepared annually by the
11 district school board and submitted to the Office of
12 Educational Facilities of the Commissioner of Education and
13 the affected general-purpose local governments.
14 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
15 FACILITIES PLAN WORK PROGRAM.--
16 (a) Annually, prior to the adoption of the district
17 school budget, each school board shall prepare a tentative
18 district educational facilities plan that includes long-range
19 planning for facilities needs over 5-year, 10-year, and
20 20-year periods. The plan must be developed in coordination
21 with the general-purpose local governments and be consistent
22 with the local government comprehensive plans. The school
23 board's plan for provision of new schools must meet the needs
24 of all growing communities in the district, ranging from small
25 rural communities to large urban cities. The plan must include
26 work program that includes:
27 1. Projected student populations apportioned
28 geographically at the local level. The projections must be
29 based on information produced by the demographic, revenue, and
30 education estimating conferences pursuant to s. 216.136, where
31 available, as modified by the district based on development
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1 data and agreement with the local governments and the Office
2 of Educational Facilities of the Commissioner of Education.
3 The projections must be apportioned geographically with
4 assistance from the local governments using local development
5 trend data and the school district student enrollment data.
6 2. An inventory of existing school facilities. Any
7 anticipated expansions or closures of existing school sites
8 over the 5-year, 10-year, and 20-year periods must be
9 identified. The inventory must include an assessment of areas
10 proximate to existing schools and identification of the need
11 for improvements to infrastructure, safety, including safe
12 access routes, and conditions in the community. The plan must
13 also provide a listing of major repairs and renovation
14 projects anticipated over the period of the plan.
15 3. Projections of facilities space needs, which may
16 not exceed the norm space and occupant design criteria
17 established in the State Requirements for Educational
18 Facilities.
19 4. Information on leased, loaned, and donated space
20 and relocatables used for conducting the district's
21 instructional programs.
22 5. The general location of public schools proposed to
23 be constructed over the 5-year, 10-year, and 20-year time
24 periods, including a listing of the proposed schools' site
25 acreage needs and anticipated capacity and maps showing the
26 general locations. The school board's identification of
27 general locations of future school sites must be based on the
28 school siting requirements of s. 163.3177(6)(a) and policies
29 in the comprehensive plan which provide guidance for
30 appropriate locations for school sites.
31
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1 6. The identification of options deemed reasonable and
2 approved by the school board which reduce the need for
3 additional permanent student stations. Such options may
4 include, but need not be limited to:
5 a. Acceptable capacity;
6 b. Redistricting;
7 c. Busing;
8 d. Year-round schools; and
9 e. Charter schools.
10 7. The criteria and method, jointly determined by the
11 local government and the school board, for determining the
12 impact to public school capacity in response to a local
13 government request for a report pursuant to s. 235.193(4).
14 (b) The plan must also include a financially feasible
15 district facilities work program for a 5-year period. The work
16 program must include:
17 1. A schedule of major repair and renovation projects
18 necessary to maintain the educational facilities plant and
19 ancillary facilities of the district.
20 2. A schedule of capital outlay projects necessary to
21 ensure the availability of satisfactory student stations for
22 the projected student enrollment in K-12 programs. This
23 schedule shall consider:
24 a. The locations, capacities, and planned utilization
25 rates of current educational facilities of the district. The
26 capacity of existing satisfactory facilities, as reported in
27 the Florida Inventory of School Houses must be compared to the
28 capital outlay full-time-equivalent student enrollment as
29 determined by the department including all enrollment used in
30 the calculation of the distribution formula in s. 235.435(3).
31
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1 b. The proposed locations of planned facilities,
2 whether those locations are consistent with the comprehensive
3 plans of all affected local governments, and recommendations
4 for infrastructure and other improvements to land adjacent to
5 existing facilities. The provisions of ss. 235.19 and
6 235.193(6), (7), and (8) must be addressed for new facilities
7 planned within the first 3 years of the work plan, as
8 appropriate.
9 c. Plans for the use and location of relocatable
10 facilities, leased facilities, and charter school facilities.
11 d. Plans for multitrack scheduling, grade level
12 organization, block scheduling, or other alternatives that
13 reduce the need for additional permanent student stations.
14 e. Information concerning average class size and
15 utilization rate by grade level within the district which that
16 will result if the tentative district facilities work program
17 is fully implemented. The average shall not include
18 exceptional student education classes or prekindergarten
19 classes.
20 f. The number and percentage of district students
21 planned to be educated in relocatable facilities during each
22 year of the tentative district facilities work program. For
23 determining future needs, student capacity may not be assigned
24 to any relocatable classroom that is scheduled for elimination
25 or replacement with a permanent educational facility in the
26 current year of the adopted district educational facilities
27 plan and in the district facilities work program adopted under
28 this section. Those relocatable classrooms clearly identified
29 and scheduled for replacement in a school-board-adopted,
30 financially feasible, 5-year district facilities work program
31 shall be counted at zero capacity at the time the work program
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1 is adopted and approved by the school board. However, if the
2 district facilities work program is changed and the
3 relocatable classrooms are not replaced as scheduled in the
4 work program, the classrooms must be reentered into the system
5 and be counted at actual capacity. Relocatable classrooms may
6 not be perpetually added to the work program or continually
7 extended for purposes of circumventing this section. All
8 relocatable classrooms not identified and scheduled for
9 replacement, including those owned, lease-purchased, or leased
10 by the school district, must be counted at actual student
11 capacity. The district educational facilities plan must
12 identify the number of relocatable student stations scheduled
13 for replacement during the 5-year survey period and the total
14 dollar amount needed for that replacement.
15 g. Plans for the closure of any school, including
16 plans for disposition of the facility or usage of facility
17 space, and anticipated revenues.
18 h. Projects for which capital outlay and debt service
19 funds accruing under s. 9(d), Art. XII of the State
20 Constitution are to be used shall be identified separately in
21 priority order on a project priority list within the district
22 facilities work program.
23 3. The projected cost for each project identified in
24 the tentative district facilities work program. For proposed
25 projects for new student stations, a schedule shall be
26 prepared comparing the planned cost and square footage for
27 each new student station, by elementary, middle, and high
28 school levels, to the low, average, and high cost of
29 facilities constructed throughout the state during the most
30 recent fiscal year for which data is available from the
31 Department of Education.
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1 4. A schedule of estimated capital outlay revenues
2 from each currently approved source which is estimated to be
3 available for expenditure on the projects included in the
4 tentative district facilities work program.
5 5. A schedule indicating which projects included in
6 the tentative district facilities work program will be funded
7 from current revenues projected in subparagraph 4.
8 6. A schedule of options for the generation of
9 additional revenues by the district for expenditure on
10 projects identified in the tentative district facilities work
11 program which are not funded under subparagraph 5. Additional
12 anticipated revenues may include effort index grants, SIT
13 Program awards, and Classrooms First funds.
14 (c)(b) To the extent available, the tentative district
15 educational facilities plan work program shall be based on
16 information produced by the demographic, revenue, and
17 education estimating conferences pursuant to s. 216.136.
18 (d)(c) Provision shall be made for public comment
19 concerning the tentative district educational facilities plan
20 work program.
21 (e) The district school board shall coordinate with
22 each affected local government to ensure consistency between
23 the tentative district educational facilities plan and the
24 local government comprehensive plans of the affected local
25 governments during the development of the tentative district
26 educational facilities plan.
27 (f) Commencing on October 1, 2001, and not less than
28 once every 5 years thereafter, the district school board shall
29 contract with a qualified, independent third party to conduct
30 a financial management and performance audit of the
31 educational planning and construction activities of the
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1 district. An audit conducted by the Auditor General satisfies
2 this requirement.
3 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
4 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school
5 board shall submit a copy of its tentative district
6 educational facilities plan to all affected local governments
7 prior to adoption by the board. The affected local governments
8 shall review the tentative district educational facilities
9 plan and comment to the district school board on the
10 consistency of the plan with the local comprehensive plan,
11 whether a comprehensive plan amendment will be necessary for
12 any proposed educational facility, and whether the local
13 government supports a necessary comprehensive plan amendment.
14 If the local government does not support a comprehensive plan
15 amendment for a proposed educational facility, the matter
16 shall be resolved pursuant to the interlocal agreement
17 required by ss. 163.31776(4) and 235.193(2). The process for
18 the submittal and review shall be detailed in the interlocal
19 agreement required pursuant to ss. 163.31776(4) and
20 235.193(2).
21 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN
22 WORK PROGRAM.--Annually, the district school board shall
23 consider and adopt the tentative district educational
24 facilities plan work program completed pursuant to subsection
25 (2). Upon giving proper public notice to the public and local
26 governments and opportunity for public comment, the district
27 school board may amend the plan program to revise the priority
28 of projects, to add or delete projects, to reflect the impact
29 of change orders, or to reflect the approval of new revenue
30 sources which may become available. The adopted district
31 educational facilities plan work program shall:
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1 (a) Be a complete, balanced, and financially feasible
2 capital outlay financial plan for the district.
3 (b) Set forth the proposed commitments and planned
4 expenditures of the district to address the educational
5 facilities needs of its students and to adequately provide for
6 the maintenance of the educational plant and ancillary
7 facilities, including safe access ways from neighborhoods to
8 schools.
9 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL
10 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted
11 district educational facilities plan work program shall
12 constitute the capital outlay budget required in s. 235.18.
13 The adopted district educational facilities plan work program
14 shall include the information required in subparagraphs
15 (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects
16 actually funded in the program.
17 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to
18 the adopted district facilities work program covering the
19 5-year work program, the district school board shall adopt
20 annually a 10-year and a 20-year work program which include
21 the information set forth in subsection (2), but based upon
22 enrollment projections and facility needs for the 10-year and
23 20-year periods. It is recognized that the projections in the
24 10-year and 20-year timeframes are tentative and should be
25 used only for general planning purposes.
26 Section 20. Section 235.188, Florida Statutes, is
27 amended to read:
28 235.188 Full bonding required to participate in
29 programs.--Any district with unused bonding capacity in its
30 Capital Outlay and Debt Service Trust Fund allocation that
31 certifies in its district educational facilities plan work
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1 program that it will not be able to meet all of its need for
2 new student stations within existing revenues must fully bond
3 its Capital Outlay and Debt Service Trust Fund allocation
4 before it may participate in Classrooms First, the School
5 Infrastructure Thrift (SIT) Program, or the Effort Index
6 Grants Program.
7 Section 21. Section 235.19, Florida Statutes, is
8 amended to read:
9 235.19 Site planning and selection.--
10 (1) If the school board and local government have
11 entered into an interlocal agreement pursuant to ss.
12 163.31776(4) and 235.193(2) and have developed a process to
13 ensure consistency between the local government comprehensive
14 plan and the school district educational facilities plan and a
15 method to coordinate decisionmaking and approved activities
16 relating to school planning and site selection, the provisions
17 of this section do not apply to such school board and local
18 government.
19 (2)(1) Before acquiring property for sites, each board
20 shall determine the location of proposed educational centers
21 or campuses for the board. In making this determination, the
22 board shall consider existing and anticipated site needs and
23 the most economical and practicable locations of sites. The
24 board shall coordinate with the long-range or comprehensive
25 plans of local, regional, and state governmental agencies to
26 assure the consistency compatibility of such plans with site
27 planning. Boards are encouraged to locate schools proximate to
28 urban residential areas to the extent possible, and shall seek
29 to collocate schools with other public facilities, such as
30 parks, libraries, and community centers, to the extent
31
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1 possible and to encourage using elementary schools as focal
2 points for neighborhoods.
3 (3)(2) Each new site selected must be adequate in size
4 to meet the educational needs of the students to be served on
5 that site by the original educational facility or future
6 expansions of the facility through renovation or the addition
7 of relocatables. The Commissioner of Education shall prescribe
8 by rule recommended sizes for new sites according to
9 categories of students to be housed and other appropriate
10 factors determined by the commissioner. Less-than-recommended
11 site sizes are allowed if the board, by a two-thirds majority,
12 recommends such a site and finds that it can provide an
13 appropriate and equitable educational program on the site.
14 (4)(3) Sites recommended for purchase, or purchased,
15 in accordance with chapter 230 or chapter 240 must meet
16 standards prescribed therein and such supplementary standards
17 as the school board commissioner prescribes to promote the
18 educational interests of the students. Each site must be well
19 drained and suitable for outdoor educational purposes as
20 appropriate for the educational program or colocated with
21 facilities to serve this purpose. As provided in s. 333.03,
22 the site must not be located within any path of flight
23 approach of any airport. Insofar as is practicable, the site
24 must not adjoin a right-of-way of any railroad or through
25 highway and must not be adjacent to any factory or other
26 property from which noise, odors, or other disturbances, or at
27 which conditions, would be likely to interfere with the
28 educational program. To the extent practicable, sites must be
29 chosen that will provide safe access from neighborhoods to
30 schools.
31
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1 (5)(4) It shall be the responsibility of the board to
2 provide adequate notice to appropriate municipal, county,
3 regional, and state governmental agencies for requested
4 traffic control and safety devices so they can be installed
5 and operating prior to the first day of classes or to satisfy
6 itself that every reasonable effort has been made in
7 sufficient time to secure the installation and operation of
8 such necessary devices prior to the first day of classes. It
9 shall also be the responsibility of the board to review
10 annually traffic control and safety device needs and to
11 request all necessary changes indicated by such review.
12 (6)(5) Each board may request county and municipal
13 governments to construct and maintain sidewalks and bicycle
14 trails within a 2-mile radius of each educational facility
15 within the jurisdiction of the local government. When a board
16 discovers or is aware of an existing hazard on or near a
17 public sidewalk, street, or highway within a 2-mile radius of
18 a school site and the hazard endangers the life or threatens
19 the health or safety of students who walk, ride bicycles, or
20 are transported regularly between their homes and the school
21 in which they are enrolled, the board shall, within 24 hours
22 after discovering or becoming aware of the hazard, excluding
23 Saturdays, Sundays, and legal holidays, report such hazard to
24 the governmental entity within the jurisdiction of which the
25 hazard is located. Within 5 days after receiving notification
26 by the board, excluding Saturdays, Sundays, and legal
27 holidays, the governmental entity shall investigate the
28 hazardous condition and either correct it or provide such
29 precautions as are practicable to safeguard students until the
30 hazard can be permanently corrected. However, if the
31 governmental entity that has jurisdiction determines upon
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1 investigation that it is impracticable to correct the hazard,
2 or if the entity determines that the reported condition does
3 not endanger the life or threaten the health or safety of
4 students, the entity shall, within 5 days after notification
5 by the board, excluding Saturdays, Sundays, and legal
6 holidays, inform the board in writing of its reasons for not
7 correcting the condition. The governmental entity, to the
8 extent allowed by law, shall indemnify the board from any
9 liability with respect to accidents or injuries, if any,
10 arising out of the hazardous condition.
11 Section 22. Section 235.193, Florida Statutes, is
12 amended to read:
13 235.193 Coordination of planning with local governing
14 bodies.--
15 (1) It is the policy of this state to require the
16 coordination of planning between boards and local governing
17 bodies to ensure that plans for the construction and opening
18 of public educational facilities are facilitated and
19 coordinated in time and place with plans for residential
20 development, concurrently with other necessary services. Such
21 planning shall include the integration of the educational
22 facilities plan plant survey and applicable policies and
23 procedures of a board with the local comprehensive plan and
24 land development regulations of local governments governing
25 bodies. The planning must include the consideration of
26 allowing students to attend the school located nearest their
27 homes when a new housing development is constructed near a
28 county boundary and it is more feasible to transport the
29 students a short distance to an existing facility in an
30 adjacent county than to construct a new facility or transport
31 students longer distances in their county of residence. The
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1 planning must also consider the effects of the location of
2 public education facilities, including the feasibility of
3 keeping central city facilities viable, in order to encourage
4 central city redevelopment and the efficient use of
5 infrastructure and to discourage uncontrolled urban sprawl. In
6 addition, all parties to the planning process must consult
7 with state and local road departments to assist in
8 implementing the Safe Paths to Schools program administered by
9 the Department of Transportation.
10 (2) No later than 6 months prior to the transmittal of
11 a public educational facilities element by general purpose
12 local governments meeting the criteria of s. 163.31776(3), the
13 school district, the county, and the non-exempt municipalities
14 shall enter into an interlocal agreement that establishes a
15 process for developing coordinated and consistent local
16 government public educational facilities elements and a
17 district educational facilities plan, including a process:
18 (a) By which each local government and the school
19 district agree and base the local government comprehensive
20 plan and educational facilities plan on uniform projections of
21 the amount, type, and distribution of population growth and
22 student enrollment.
23 (b) To coordinate and share information relating to
24 existing and planned public school facilities and local
25 government plans for development and redevelopment.
26 (c) To ensure that school-siting decisions by the
27 school board are consistent with the local comprehensive plan,
28 including appropriate circumstances and criteria under which a
29 school district may request an amendment to the comprehensive
30 plan for school siting, and to ensure early involvement by the
31
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1 local government as the school board identifies potential
2 school sites.
3 (d) To coordinate and provide timely formal comments
4 during the development, adoption, and amendment of each local
5 government's public educational facilities element and the
6 educational facilities plan of the school district to ensure a
7 uniform, countywide school facility planning system.
8 (e) For school-district participation in the review of
9 comprehensive plan amendments and rezonings that increase
10 residential density and that are reasonably expected to have
11 an impact on public school facility demand pursuant to s.
12 163.31777. The interlocal agreement must specify how the
13 school board and local governments will develop the
14 methodology and the criteria for determining whether school
15 facility capacity will be reasonably available at the time of
16 projected school impacts, including uniform, districtwide
17 level-of-service standards for all public schools of the same
18 type and availability standards for public schools. The
19 interlocal agreement shall ensure that consistent criteria and
20 capacity-determination methodologies including student
21 generation multipliers are adopted into the school board's
22 district educational facilities plan and the local
23 government's public educational facilities element. The
24 interlocal agreement shall also set forth the process and
25 uniform methodology for determining proportionate-share
26 mitigation pursuant to s. 163.31777.
27 (f) For the resolution of disputes between the school
28 district and local governments.
29
30 Any school board entering into an interlocal agreement for the
31 purpose of adopting public school concurrency prior to the
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1 effective date of this act is not required to amend the
2 interlocal agreement to conform to the provisions of this
3 subsection if the comprehensive plan amendment adopting public
4 school concurrency is ultimately determined to be in
5 compliance.
6 (3) Failure to enter into an interlocal agreement as
7 required by s. 235.193(2) shall result in the withholding of
8 funds for school construction available pursuant to ss.
9 235.187, 235.216, 235.2195, and 235.42 and a prohibition from
10 siting schools. Before the Office of Educational Facilities of
11 the Commissioner of Education may withhold any funds, the
12 office shall provide the school board with a notice of intent
13 to withhold funds, which the school board may appeal under
14 chapter 120. The office shall withhold funds when a final
15 order is issued finding that the school board has failed to
16 enter into an interlocal agreement that meets the requirements
17 of this section.
18 (4) The school board shall report to the local
19 government on school capacity when the local government
20 notifies the school board that it is reviewing an application
21 for a comprehensive plan amendment or a rezoning that seeks to
22 increase residential density. The report must provide data and
23 analysis as required by s. 163.31777(2) for the local
24 government's review of the proposed plan amendment or
25 rezoning.
26 (5)(2) A school board and the local governing body
27 must share and coordinate information related to existing and
28 planned public school facilities; proposals for development,
29 redevelopment, or additional development; and infrastructure
30 required to support the public school facilities, concurrent
31 with proposed development. A school board shall use
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1 information produced by the demographic, revenue, and
2 education estimating conferences pursuant to s. 216.136
3 Department of Education enrollment projections when preparing
4 the 5-year district educational facilities plan work program
5 pursuant to s. 235.185, as modified and agreed to by the local
6 governments and the Office of Educational Facilities of the
7 Commissioner of Education, in and a school board shall
8 affirmatively demonstrate in the educational facilities report
9 consideration of local governments' population projections, to
10 ensure that the district educational facilities plan 5-year
11 work program not only reflects enrollment projections but also
12 considers applicable municipal and county growth and
13 development projections. The projections shall be apportioned
14 geographically with assistance from the local governments
15 using local government trend data and the school district
16 student enrollment data. A school board is precluded from
17 siting a new school in a jurisdiction where the school board
18 has failed to provide the annual educational facilities plan
19 report for the prior year required pursuant to s. 235.185 s.
20 235.194 unless the failure is corrected.
21 (6)(3) The location of public educational facilities
22 shall be consistent with the comprehensive plan of the
23 appropriate local governing body developed under part II of
24 chapter 163 and consistent with the plan's implementing land
25 development regulations, to the extent that the regulations
26 are not in conflict with or the subject regulated is not
27 specifically addressed by this chapter or the State Uniform
28 Building Code, unless mutually agreed by the local government
29 and the board.
30 (7)(4) To improve coordination relative to potential
31 educational facility sites, a board shall provide written
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1 notice to the local government that has regulatory authority
2 over the use of the land at least 120 60 days prior to
3 acquiring or leasing property that may be used for a new
4 public educational facility. The local government, upon
5 receipt of this notice, shall notify the board within 45 days
6 if the site proposed for acquisition or lease is consistent
7 with the land use categories and policies of the local
8 government's comprehensive plan. This preliminary notice does
9 not constitute the local government's determination of
10 consistency pursuant to subsection (8) (5).
11 (8)(5) As early in the design phase as feasible, but
12 at least before commencing construction of a new public
13 educational facility, the local governing body that regulates
14 the use of land shall determine, in writing within 90 days
15 after receiving the necessary information and a school board's
16 request for a determination, whether a proposed public
17 educational facility is consistent with the local
18 comprehensive plan and consistent with local land development
19 regulations, to the extent that the regulations are not in
20 conflict with or the subject regulated is not specifically
21 addressed by this chapter or the State Uniform Building Code,
22 unless mutually agreed. If the determination is affirmative,
23 school construction may proceed and further local government
24 approvals are not required, except as provided in this
25 section. Failure of the local governing body to make a
26 determination in writing within 90 days after a school board's
27 request for a determination of consistency shall be considered
28 an approval of the school board's application.
29 (9)(6) A local governing body may not deny the site
30 applicant based on adequacy of the site plan as it relates
31 solely to the needs of the school. If the site is consistent
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1 with the comprehensive plan's future land use policies and
2 categories in which public schools are identified as allowable
3 uses, the local government may not deny the application but it
4 may impose reasonable development standards and conditions in
5 accordance with s. 235.34(1) and consider the site plan and
6 its adequacy as it relates to environmental concerns, health,
7 safety and welfare, and effects on adjacent property.
8 Standards and conditions may not be imposed which conflict
9 with those established in this chapter or the State Uniform
10 Building Code, unless mutually agreed.
11 (10)(7) This section does not prohibit a local
12 governing body and district school board from agreeing and
13 establishing an alternative process for reviewing a proposed
14 educational facility and site plan, and offsite impacts
15 pursuant to an interlocal agreement adopted in accordance with
16 this section.
17 (11)(8) Existing schools shall be considered
18 consistent with the applicable local government comprehensive
19 plan adopted under part II of chapter 163. The collocation of
20 a new proposed public educational facility with an existing
21 public educational facility, or the expansion of an existing
22 public educational facility is not inconsistent with the local
23 comprehensive plan, if the site is consistent with the
24 comprehensive plan's future land use policies and categories
25 in which public schools are identified as allowable uses, and
26 levels of service adopted by the local government for any
27 facilities affected by the proposed location for the new
28 facility are maintained. If a board submits an application to
29 expand an existing school site, the local governing body may
30 impose reasonable development standards and conditions on the
31 expansion only, and in a manner consistent with s. 235.34(1).
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1 Standards and conditions may not be imposed which conflict
2 with those established in this chapter or the State Uniform
3 Building Code, unless mutually agreed. Local government review
4 or approval is not required for:
5 (a) The placement of temporary or portable classroom
6 facilities; or
7 (b) Proposed renovation or construction on existing
8 school sites, with the exception of construction that changes
9 the primary use of a facility, includes stadiums, or results
10 in a greater than 5 percent increase in student capacity, or
11 as mutually agreed.
12 Section 23. Section 235.194, Florida Statutes, is
13 repealed.
14 Section 24. Section 235.218, Florida Statutes, is
15 amended to read:
16 235.218 School district educational facilities plan
17 work program performance and productivity standards;
18 development; measurement; application.--
19 (1) The SMART Schools Clearinghouse shall develop and
20 adopt measures for evaluating the performance and productivity
21 of school district educational facilities plans work programs.
22 The measures may be both quantitative and qualitative and
23 must, to the maximum extent practical, assess those factors
24 that are within the districts' control. The measures must, at
25 a minimum, assess performance in the following areas:
26 (a) Frugal production of high-quality projects.
27 (b) Efficient finance and administration.
28 (c) Optimal school and classroom size and utilization
29 rate.
30 (d) Safety.
31
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1 (e) Core facility space needs and cost-effective
2 capacity improvements that consider demographic projections.
3 (f) Level of district local effort.
4 (2) The clearinghouse shall establish annual
5 performance objectives and standards that can be used to
6 evaluate district performance and productivity.
7 (3) The clearinghouse shall conduct ongoing
8 evaluations of district educational facilities program
9 performance and productivity, using the measures adopted under
10 this section. If, using these measures, the clearinghouse
11 finds that a district failed to perform satisfactorily, the
12 clearinghouse must recommend to the district school board
13 actions to be taken to improve the district's performance.
14 Section 25. Section 235.321, Florida Statutes, is
15 amended to read:
16 235.321 Changes in construction requirements after
17 award of contract.--The board may, at its option and by
18 written policy duly adopted and entered in its official
19 minutes, authorize the superintendent or president or other
20 designated individual to approve change orders in the name of
21 the board for preestablished amounts. Approvals shall be for
22 the purpose of expediting the work in progress and shall be
23 reported to the board and entered in its official minutes. For
24 accountability, the school district shall monitor and report
25 the impact of change orders on its district educational
26 facilities plan work program pursuant to s. 235.185.
27 Section 26. Paragraph (d) of subsection (5) of section
28 236.25, Florida Statutes, is amended, and subsection (6) is
29 added to that section, to read:
30 236.25 District school tax.--
31 (5)
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1 (d) Notwithstanding any other provision of this
2 subsection, if through its adopted educational facilities plan
3 work program a district has clearly identified the need for an
4 ancillary plant, has provided opportunity for public input as
5 to the relative value of the ancillary plant versus an
6 educational plant, and has obtained public approval, the
7 district may use revenue generated by the millage levy
8 authorized by subsection (2) for the acquisition,
9 construction, renovation, remodeling, maintenance, or repair
10 of an ancillary plant.
11
12 A district that violates these expenditure restrictions shall
13 have an equal dollar reduction in funds appropriated to the
14 district under s. 236.081 in the fiscal year following the
15 audit citation. The expenditure restrictions do not apply to
16 any school district that certifies to the Commissioner of
17 Education that all of the district's instructional space needs
18 for the next 5 years can be met from capital outlay sources
19 that the district reasonably expects to receive during the
20 next 5 years or from alternative scheduling or construction,
21 leasing, rezoning, or technological methodologies that exhibit
22 sound management.
23 (6) In addition to the maximum millage levied under
24 this section and the General Appropriations Act, a school
25 district may levy, by local referendum or in a general
26 election, additional millage for school operational purposes
27 up to an amount that, when combined with nonvoted millage
28 levied under this section, does not exceed the 10-mill limit
29 established in s. 9(b), Art. VII of the State Constitution.
30 Any such levy shall be for a maximum of 4 years and shall be
31 counted as part of the 10-mill limit established in s. 9(b),
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1 Art. VII of the State Constitution. Millage elections
2 conducted under the authority granted pursuant to this section
3 are subject to ss. 236.31 and 236.32. Funds generated by such
4 additional millage do not become a part of the calculation of
5 the Florida Education Finance Program total potential funds in
6 2001-2002 or any subsequent year and must not be incorporated
7 in the calculation of any hold-harmless or other component of
8 the Florida Education Finance Program formula in any year.
9 Section 27. Section 236.31, Florida Statutes, is
10 amended to read:
11 236.31 District millage elections.--
12 (1) The school board, pursuant to resolution adopted
13 at a regular meeting, shall direct the county commissioners to
14 call an election at which the electors within the school
15 districts may approve an ad valorem tax millage as authorized
16 in s. 9, Art. VII of the State Constitution. Such election may
17 be held at any time, except that not more than one such
18 election shall be held during any 12-month period. Any
19 millage so authorized shall be levied for a period not in
20 excess of 2 years or until changed by another millage
21 election, whichever is the earlier. In the event any such
22 election is invalidated by a court of competent jurisdiction,
23 such invalidated election shall be considered not to have been
24 held.
25 (2) The school board, pursuant to resolution adopted
26 at a regular meeting, shall direct the county commissioners to
27 call an election at which the electors within the school
28 district may approve an ad valorem tax millage as authorized
29 under s. 236.25(6). Such election may be held at any time,
30 except that not more than one such election shall be held
31 during any 12-month period. Any millage so authorized shall be
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1 levied for a period not in excess of 4 years or until changed
2 by another millage election, whichever is earlier. If any such
3 election is invalidated by a court of competent jurisdiction,
4 such invalidated election shall be considered not to have been
5 held.
6 Section 28. Section 236.32, Florida Statutes, is
7 amended to read:
8 (Substantial rewording of section. See
9 s. 236.32, F.S., for present text.)
10 236.32 Procedures for holding and conducting school
11 district millage elections.--
12 (1) HOLDING ELECTIONS.--All school district millage
13 elections shall be held and conducted in the manner prescribed
14 by law for holding general elections, except as provided in
15 this chapter.
16 (2) FORM OF BALLOT.--
17 (a) The school board may propose a single millage or
18 two millages, with one for operating expenses and another for
19 a local capital improvement reserve fund. When two millage
20 figures are proposed, each millage must be voted on
21 separately.
22 (b) The school board shall provide the wording of the
23 substance of the measure and the ballot title in the
24 resolution calling for the election. The wording of the
25 ballot must conform to the provisions of s. 101.161.
26 (3) QUALIFICATION OF ELECTORS.--All qualified electors
27 of the school district are entitled to vote in the election to
28 set the school tax district millage levy.
29 (4) RESULTS OF ELECTION.--When the school board
30 proposes one tax levy for operating expenses and another for
31 the local capital improvement reserve fund, the results shall
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1 be considered separately. The tax levy shall be levied only
2 in case a majority of the electors participating in the
3 election vote in favor of the proposed special millage.
4 Section 29. Paragraph (e) of subsection (2),
5 subsection (12), paragraph (c) of subsection (15), and
6 subsections (18) and (19) of section 380.06, Florida Statutes,
7 are amended to read:
8 380.06 Developments of regional impact.--
9 (2) STATEWIDE GUIDELINES AND STANDARDS.--
10 (e) With respect to residential, hotel, motel, office,
11 and retail developments, the applicable guidelines and
12 standards shall be increased by 50 percent in urban central
13 business districts and regional activity centers of
14 jurisdictions whose local comprehensive plans are in
15 compliance with part II of chapter 163. With respect to
16 multiuse developments, the applicable guidelines and standards
17 shall be increased by 100 percent in urban central business
18 districts and regional activity centers of jurisdictions whose
19 local comprehensive plans are in compliance with part II of
20 chapter 163, if one land use of the multiuse development is
21 residential and amounts to not less than 35 percent of the
22 jurisdiction's applicable residential threshold. With respect
23 to resort or convention hotel developments, the applicable
24 guidelines and standards shall be increased by 150 percent in
25 urban central business districts and regional activity centers
26 of jurisdictions whose local comprehensive plans are in
27 compliance with part II of chapter 163 and where the increase
28 is specifically for a proposed resort or convention hotel
29 located in a county with a population greater than 500,000 and
30 the local government specifically designates that the proposed
31 resort or convention hotel development will serve an existing
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1 convention center of more than 250,000 gross square feet built
2 prior to July 1, 1992. The applicable guidelines and standards
3 shall be increased by 150 percent for development in any area
4 designated by the Governor as a rural area of critical
5 economic concern pursuant to s. 288.0656 during the effective
6 period of the designation. The Administration Commission, upon
7 the recommendation of the state land planning agency, shall
8 implement this paragraph by rule no later than December 1,
9 1993. The increased guidelines and standards authorized by
10 this paragraph shall not be implemented until the
11 effectiveness of the rule which, among other things, shall set
12 forth the pertinent characteristics of urban central business
13 districts and regional activity centers.
14 (12) REGIONAL REPORTS.--
15 (a) Within 50 days after receipt of the notice of
16 public hearing required in paragraph (11)(c), the regional
17 planning agency, if one has been designated for the area
18 including the local government, shall prepare and submit to
19 the local government a report and recommendations on the
20 regional impact of the proposed development. In preparing its
21 report and recommendations, the regional planning agency shall
22 identify regional issues based upon the following review
23 criteria and make recommendations to the local government on
24 these regional issues, specifically considering whether, and
25 the extent to which:
26 1. The development will have a favorable or
27 unfavorable impact on state or regional resources or
28 facilities identified in the applicable state or regional
29 plans. For the purposes of this subsection, "applicable state
30 plan" means the state comprehensive plan. For the purposes of
31 this subsection, "applicable regional plan" means an adopted
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1 comprehensive regional policy plan until the adoption of a
2 strategic regional policy plan pursuant to s. 186.508, and
3 thereafter means an adopted strategic regional policy plan.
4 2. The development will significantly impact adjacent
5 jurisdictions. At the request of the appropriate local
6 government, regional planning agencies may also review and
7 comment upon issues that affect only the requesting local
8 government.
9 3. As one of the issues considered in the review in
10 subparagraphs 1. and 2., the development will favorably or
11 adversely affect the ability of people to find adequate
12 housing reasonably accessible to their places of employment.
13 The determination should take into account information on
14 factors that are relevant to the availability of reasonably
15 accessible adequate housing. Adequate housing means housing
16 that is available for occupancy and that is not substandard.
17 (b) At the request of the regional planning agency,
18 other appropriate agencies shall review the proposed
19 development and shall prepare reports and recommendations on
20 issues that are clearly within the jurisdiction of those
21 agencies. Such agency reports shall become part of the
22 regional planning agency report; however, the regional
23 planning agency may attach dissenting views. When water
24 management district and Department of Environmental Protection
25 permits have been issued pursuant to chapter 373 or chapter
26 403, the regional planning council may comment on the regional
27 implications of the permits but may not offer conflicting
28 recommendations.
29 (c) The regional planning agency shall afford the
30 developer or any substantially affected party reasonable
31 opportunity to present evidence to the regional planning
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1 agency head relating to the proposed regional agency report
2 and recommendations.
3 (d) Where the location of a proposed development
4 involves land within the boundaries of multiple regional
5 planning councils, the state land planning agency shall
6 designate a lead regional planning council. The lead regional
7 planning council shall prepare the regional report.
8 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
9 (c) The development order shall include findings of
10 fact and conclusions of law consistent with subsections (13)
11 and (14). The development order:
12 1. Shall specify the monitoring procedures and the
13 local official responsible for assuring compliance by the
14 developer with the development order.
15 2. Shall establish compliance dates for the
16 development order, including a deadline for commencing
17 physical development and for compliance with conditions of
18 approval or phasing requirements, and shall include a
19 termination date that reasonably reflects the time required to
20 complete the development.
21 3. Shall establish a date until which the local
22 government agrees that the approved development of regional
23 impact shall not be subject to downzoning, unit density
24 reduction, or intensity reduction, unless the local government
25 can demonstrate that substantial changes in the conditions
26 underlying the approval of the development order have occurred
27 or the development order was based on substantially inaccurate
28 information provided by the developer or that the change is
29 clearly established by local government to be essential to the
30 public health, safety, or welfare.
31
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1 4. Shall specify the requirements for the biennial
2 annual report designated under subsection (18), including the
3 date of submission, parties to whom the report is submitted,
4 and contents of the report, based upon the rules adopted by
5 the state land planning agency. Such rules shall specify the
6 scope of any additional local requirements that may be
7 necessary for the report.
8 5. May specify the types of changes to the development
9 which shall require submission for a substantial deviation
10 determination under subsection (19).
11 6. Shall include a legal description of the property.
12 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
13 submit a biennial an annual report on the development of
14 regional impact to the local government, the regional planning
15 agency, the state land planning agency, and all affected
16 permit agencies in alternate years on the date specified in
17 the development order, unless the development order by its
18 terms requires more frequent monitoring. If the annual report
19 is not received, the regional planning agency or the state
20 land planning agency shall notify the local government. If
21 the local government does not receive the biennial annual
22 report or receives notification that the regional planning
23 agency or the state land planning agency has not received the
24 report, the local government shall request in writing that the
25 developer submit the report within 30 days. The failure to
26 submit the report after 30 days shall result in the temporary
27 suspension of the development order by the local government.
28 If no additional development pursuant to the development order
29 has occurred since the submission of the previous report, a
30 letter from the developer stating that no development has
31 occurred satisfies the requirement for a report. Development
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1 orders that require annual reports may be amended to require
2 biennial reports at the option of the local government.
3 (19) SUBSTANTIAL DEVIATIONS.--
4 (a) Any proposed change to a previously approved
5 development which creates a reasonable likelihood of
6 additional regional impact, or any type of regional impact
7 created by the change not previously reviewed by the regional
8 planning agency, shall constitute a substantial deviation and
9 shall cause the development to be subject to further
10 development-of-regional-impact review. There are a variety of
11 reasons why a developer may wish to propose changes to an
12 approved development of regional impact, including changed
13 market conditions. The procedures set forth in this
14 subsection are for that purpose.
15 (b) Any proposed change to a previously approved
16 development of regional impact or development order condition
17 which, either individually or cumulatively with other changes,
18 exceeds any of the following criteria shall constitute a
19 substantial deviation and shall cause the development to be
20 subject to further development-of-regional-impact review
21 without the necessity for a finding of same by the local
22 government:
23 1. An increase in the number of parking spaces at an
24 attraction or recreational facility by 5 percent or 300
25 spaces, whichever is greater, or an increase in the number of
26 spectators that may be accommodated at such a facility by 5
27 percent or 1,000 spectators, whichever is greater.
28 2. A new runway, a new terminal facility, a 25-percent
29 lengthening of an existing runway, or a 25-percent increase in
30 the number of gates of an existing terminal, but only if the
31 increase adds at least three additional gates. However, if an
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1 airport is located in two counties, a 10-percent lengthening
2 of an existing runway or a 20-percent increase in the number
3 of gates of an existing terminal is the applicable criteria.
4 3. An increase in the number of hospital beds by 5
5 percent or 60 beds, whichever is greater.
6 4. An increase in industrial development area by 5
7 percent or 32 acres, whichever is greater.
8 5. An increase in the average annual acreage mined by
9 5 percent or 10 acres, whichever is greater, or an increase in
10 the average daily water consumption by a mining operation by 5
11 percent or 300,000 gallons, whichever is greater. An increase
12 in the size of the mine by 5 percent or 750 acres, whichever
13 is less.
14 6. An increase in land area for office development by
15 5 percent or 6 acres, whichever is greater, or an increase of
16 gross floor area of office development by 5 percent or 60,000
17 gross square feet, whichever is greater.
18 7. An increase in the storage capacity for chemical or
19 petroleum storage facilities by 5 percent, 20,000 barrels, or
20 7 million pounds, whichever is greater.
21 8. An increase of development at a waterport of wet
22 storage for 20 watercraft, dry storage for 30 watercraft, or
23 wet/dry storage for 60 watercraft in an area identified in the
24 state marina siting plan as an appropriate site for additional
25 waterport development or a 5-percent increase in watercraft
26 storage capacity, whichever is greater.
27 9. An increase in the number of dwelling units by 5
28 percent or 50 dwelling units, whichever is greater.
29 10. An increase in commercial development by 6 acres
30 of land area or by 50,000 square feet of gross floor area, or
31 of parking spaces provided for customers for 300 cars or a
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1 5-percent increase of either any of these, whichever is
2 greater.
3 11. An increase in hotel or motel facility units by 5
4 percent or 75 units, whichever is greater.
5 12. An increase in a recreational vehicle park area by
6 5 percent or 100 vehicle spaces, whichever is less.
7 13. A decrease in the area set aside for open space of
8 5 percent or 20 acres, whichever is less.
9 14. A proposed increase to an approved multiuse
10 development of regional impact where the sum of the increases
11 of each land use as a percentage of the applicable substantial
12 deviation criteria is equal to or exceeds 100 percent. The
13 percentage of any decrease in the amount of open space shall
14 be treated as an increase for purposes of determining when 100
15 percent has been reached or exceeded.
16 15. A 15-percent increase in the number of external
17 vehicle trips generated by the development above that which
18 was projected during the original
19 development-of-regional-impact review.
20 16. Any change which would result in development of
21 any area which was specifically set aside in the application
22 for development approval or in the development order for
23 preservation or special protection of endangered or threatened
24 plants or animals designated as endangered, threatened, or
25 species of special concern and their habitat, primary dunes,
26 or archaeological and historical sites designated as
27 significant by the Division of Historical Resources of the
28 Department of State. The further refinement of such areas by
29 survey shall be considered under sub-subparagraph (e)5.b.
30
31
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1 The substantial deviation numerical standards in subparagraphs
2 4., 6., 10., 14., excluding residential uses, and 15., are
3 increased by 100 percent for a project certified under s.
4 403.973 which creates jobs and meets criteria established by
5 the Office of Tourism, Trade, and Economic Development as to
6 its impact on an area's economy, employment, and prevailing
7 wage and skill levels. The substantial deviation numerical
8 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
9 increased by 50 percent for a project located wholly within an
10 urban infill and redevelopment area designated on the
11 applicable adopted local comprehensive plan future land use
12 map and not located within the coastal high hazard area.
13 (c) An extension of the date of buildout of a
14 development, or any phase thereof, by 7 or more years shall be
15 presumed to create a substantial deviation subject to further
16 development-of-regional-impact review. An extension of the
17 date of buildout, or any phase thereof, of 5 years or more but
18 less than 7 years shall be presumed not to create a
19 substantial deviation. These presumptions may be rebutted by
20 clear and convincing evidence at the public hearing held by
21 the local government. An extension of less than 5 years is
22 not a substantial deviation. For the purpose of calculating
23 when a buildout, phase, or termination date has been exceeded,
24 the time shall be tolled during the pendency of administrative
25 or judicial proceedings relating to development permits. Any
26 extension of the buildout date of a project or a phase thereof
27 shall automatically extend the commencement date of the
28 project, the termination date of the development order, the
29 expiration date of the development of regional impact, and the
30 phases thereof by a like period of time.
31
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1 (d) A change in the plan of development of an approved
2 development of regional impact resulting from requirements
3 imposed by the Department of Environmental Protection or any
4 water management district created by s. 373.069 or any of
5 their successor agencies or by any appropriate federal
6 regulatory agency shall be submitted to the local government
7 pursuant to this subsection. The change shall be presumed not
8 to create a substantial deviation subject to further
9 development-of-regional-impact review. The presumption may be
10 rebutted by clear and convincing evidence at the public
11 hearing held by the local government.
12 (e)1. A proposed change which, either individually or,
13 if there were previous changes, cumulatively with those
14 changes, is equal to or exceeds 40 percent of any numerical
15 criterion in subparagraphs (b)1.-15., but which does not
16 exceed such criterion, shall be presumed not to create a
17 substantial deviation subject to further
18 development-of-regional-impact review. The presumption may be
19 rebutted by clear and convincing evidence at the public
20 hearing held by the local government pursuant to subparagraph
21 (f)5.
22 1.2. Except for a development order rendered pursuant
23 to subsection (22) or subsection (25), a proposed change to a
24 development order that individually or cumulatively with any
25 previous change is less than 40 percent of any numerical
26 criterion contained in subparagraphs (b)1.-15. and does not
27 exceed any other criterion, or that involves an extension of
28 the buildout date of a development, or any phase thereof, of
29 less than 5 years is not a substantial deviation, is not
30 subject to the public hearing requirements of subparagraph
31 (f)3., and is not subject to a determination pursuant to
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1 subparagraph (f)5. Notice of the proposed change shall be
2 made to the regional planning council and the state land
3 planning agency. Such notice shall include a description of
4 previous individual changes made to the development, including
5 changes previously approved by the local government, and shall
6 include appropriate amendments to the development order.
7 2. The following changes, individually or cumulatively
8 with any previous changes, are not substantial deviations:
9 a. Changes in the name of the project, developer,
10 owner, or monitoring official.
11 b. Changes to a setback that do not affect noise
12 buffers, environmental protection or mitigation areas, or
13 archaeological or historical resources.
14 c. Changes to minimum lot sizes.
15 d. Changes in the configuration of internal roads that
16 do not affect external access points.
17 e. Changes to the building design or orientation that
18 stay approximately within the approved area designated for
19 such building and parking lot, and which do not affect
20 historical buildings designated as significant by the Division
21 of Historical Resources of the Department of State.
22 f. Changes to increase the acreage in the development,
23 provided that no development is proposed on the acreage to be
24 added.
25 g. Changes to eliminate an approved land use, provided
26 that there are no additional regional impacts.
27 h. Changes required to conform to permits approved by
28 any federal, state, or regional permitting agency, provided
29 that these changes do not create additional regional impacts.
30 i. Any other change which the state land planning
31 agency agrees in writing is similar in nature, impact, or
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1 character to the changes enumerated in sub-subparagraphs a.-h.
2 and which does not create the likelihood of any additional
3 regional impact.
4
5 This subsection does not require a development order amendment
6 for any change listed in sub-subparagraphs a.-i. unless such
7 issue is addressed either in the existing development order or
8 in the application for development approval, but, in the case
9 of the application, only if, and in the manner in which, the
10 application is incorporated in the development order.
11 3. Except for the change authorized by
12 sub-subparagraph 2.f., any addition of land not previously
13 reviewed or any change not specified in paragraph (b) or
14 paragraph (c) shall be presumed to create a substantial
15 deviation. This presumption may be rebutted by clear and
16 convincing evidence.
17 4. Any submittal of a proposed change to a previously
18 approved development shall include a description of individual
19 changes previously made to the development, including changes
20 previously approved by the local government. The local
21 government shall consider the previous and current proposed
22 changes in deciding whether such changes cumulatively
23 constitute a substantial deviation requiring further
24 development-of-regional-impact review.
25 5. The following changes to an approved development of
26 regional impact shall be presumed to create a substantial
27 deviation. Such presumption may be rebutted by clear and
28 convincing evidence.
29 a. A change proposed for 15 percent or more of the
30 acreage to a land use not previously approved in the
31
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1 development order. Changes of less than 15 percent shall be
2 presumed not to create a substantial deviation.
3 b. Except for the types of uses listed in subparagraph
4 (b)16., any change which would result in the development of
5 any area which was specifically set aside in the application
6 for development approval or in the development order for
7 preservation, buffers, or special protection, including
8 habitat for plant and animal species, archaeological and
9 historical sites, dunes, and other special areas.
10 c. Notwithstanding any provision of paragraph (b) to
11 the contrary, a proposed change consisting of simultaneous
12 increases and decreases of at least two of the uses within an
13 authorized multiuse development of regional impact which was
14 originally approved with three or more uses specified in s.
15 380.0651(3)(c), (d), (f), and (g) and residential use.
16 (f)1. The state land planning agency shall establish
17 by rule standard forms for submittal of proposed changes to a
18 previously approved development of regional impact which may
19 require further development-of-regional-impact review. At a
20 minimum, the standard form shall require the developer to
21 provide the precise language that the developer proposes to
22 delete or add as an amendment to the development order.
23 2. The developer shall submit, simultaneously, to the
24 local government, the regional planning agency, and the state
25 land planning agency the request for approval of a proposed
26 change.
27 3. No sooner than 30 days but no later than 45 days
28 after submittal by the developer to the local government, the
29 state land planning agency, and the appropriate regional
30 planning agency, the local government shall give 15 days'
31 notice and schedule a public hearing to consider the change
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1 that the developer asserts does not create a substantial
2 deviation. This public hearing shall be held within 90 days
3 after submittal of the proposed changes, unless that time is
4 extended by the developer.
5 4. The appropriate regional planning agency or the
6 state land planning agency shall review the proposed change
7 and, no later than 45 days after submittal by the developer of
8 the proposed change, unless that time is extended by the
9 developer, and prior to the public hearing at which the
10 proposed change is to be considered, shall advise the local
11 government in writing whether it objects to the proposed
12 change, shall specify the reasons for its objection, if any,
13 and shall provide a copy to the developer. A change which is
14 subject to the substantial deviation criteria specified in
15 sub-subparagraph (e)5.c. shall not be subject to this
16 requirement.
17 5. At the public hearing, the local government shall
18 determine whether the proposed change requires further
19 development-of-regional-impact review. The provisions of
20 paragraphs (a) and (e), the thresholds set forth in paragraph
21 (b), and the presumptions set forth in paragraphs (c) and (d)
22 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
23 applicable in determining whether further
24 development-of-regional-impact review is required.
25 6. If the local government determines that the
26 proposed change does not require further
27 development-of-regional-impact review and is otherwise
28 approved, or if the proposed change is not subject to a
29 hearing and determination pursuant to subparagraphs 3. and 5.
30 and is otherwise approved, the local government shall issue an
31 amendment to the development order incorporating the approved
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1 change and conditions of approval relating to the change. The
2 decision of the local government to approve, with or without
3 conditions, or to deny the proposed change that the developer
4 asserts does not require further review shall be subject to
5 the appeal provisions of s. 380.07. However, the state land
6 planning agency may not appeal the local government decision
7 if it did not comply with subparagraph 4. The state land
8 planning agency may not appeal a change to a development order
9 made pursuant to subparagraph (e)2. for developments of
10 regional impact approved after January 1, 1980, unless the
11 change would result in a significant impact to a regionally
12 significant archaeological, historical, or natural resource
13 not previously identified in the original
14 development-of-regional-impact review.
15 (g) If a proposed change requires further
16 development-of-regional-impact review pursuant to this
17 section, the review shall be conducted subject to the
18 following additional conditions:
19 1. The development-of-regional-impact review conducted
20 by the appropriate regional planning agency shall address only
21 those issues raised by the proposed change except as provided
22 in subparagraph 2.
23 2. The regional planning agency shall consider, and
24 the local government shall determine whether to approve,
25 approve with conditions, or deny the proposed change as it
26 relates to the entire development. If the local government
27 determines that the proposed change, as it relates to the
28 entire development, is unacceptable, the local government
29 shall deny the change.
30 3. If the local government determines that the
31 proposed change, as it relates to the entire development,
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1 should be approved, any new conditions in the amendment to the
2 development order issued by the local government shall address
3 only those issues raised by the proposed change.
4 4. Development within the previously approved
5 development of regional impact may continue, as approved,
6 during the development-of-regional-impact review in those
7 portions of the development which are not affected by the
8 proposed change.
9 (h) When further development-of-regional-impact review
10 is required because a substantial deviation has been
11 determined or admitted by the developer, the amendment to the
12 development order issued by the local government shall be
13 consistent with the requirements of subsection (15) and shall
14 be subject to the hearing and appeal provisions of s. 380.07.
15 The state land planning agency or the appropriate regional
16 planning agency need not participate at the local hearing in
17 order to appeal a local government development order issued
18 pursuant to this paragraph.
19 Section 30. Paragraphs (d) and (f) of subsection (3)
20 of section 380.0651, Florida Statutes, are amended to read:
21 380.0651 Statewide guidelines and standards.--
22 (3) The following statewide guidelines and standards
23 shall be applied in the manner described in s. 380.06(2) to
24 determine whether the following developments shall be required
25 to undergo development-of-regional-impact review:
26 (d) Office development.--Any proposed office building
27 or park operated under common ownership, development plan, or
28 management that:
29 1. Encompasses 300,000 or more square feet of gross
30 floor area; or
31 2. Has a total site size of 30 or more acres; or
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1 2.3. Encompasses more than 600,000 square feet of
2 gross floor area in a county with a population greater than
3 500,000 and only in a geographic area specifically designated
4 as highly suitable for increased threshold intensity in the
5 approved local comprehensive plan and in the strategic
6 regional policy plan.
7 (f) Retail and service development.--Any proposed
8 retail, service, or wholesale business establishment or group
9 of establishments which deals primarily with the general
10 public onsite, operated under one common property ownership,
11 development plan, or management that:
12 1. Encompasses more than 400,000 square feet of gross
13 area; or
14 2. Occupies more than 40 acres of land; or
15 2.3. Provides parking spaces for more than 2,500 cars.
16 Section 31. Requirement of interlocal service
17 provision agreements.--
18 (1) By January 1, 2005, counties having a population
19 over 100,000 shall negotiate and adopt a service-delivery
20 interlocal agreement with all of the municipalities within the
21 county, with those special districts providing a service
22 listed in paragraph (a), and with the school district which:
23 (a) Identifies the current providers of the following
24 services; education, sanitary sewer, public safety, solid
25 waste, drainage, potable water, parks and recreation, and
26 transportation facilities.
27 (b) Describes the existing organization of such
28 services and the means of financing such services and
29 designates the entities that will provide the services over
30 the next 20 years, including any anticipated changes caused by
31 annexation.
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1 (c) Identifies any deficits in the provision of
2 services and prescribes a 5-year capital outlay plan for the
3 provision of deficit infrastructure.
4 (d) Identifies opportunities for the joint financing
5 of capital outlay projects.
6 (e) Identifies any areas that the municipalities plan
7 to annex within the next 5 years and establishes a plan for
8 service delivery within the areas to be annexed or a process
9 for resolving service-delivery issues associated with
10 annexation.
11 (f) Provides specific procedures for amending the
12 interlocal agreement.
13 (2) Each county and municipality shall submit a copy
14 of its interlocal agreement to the Department of Community
15 Affairs by February 15, 2005.
16 (3) The regional planning councils may provide
17 technical assistance and dispute-resolution services to assist
18 local governments in complying with this section.
19 Section 32. The sum of $500,000 is appropriated from
20 the General Revenue Fund to the Department of Community
21 Affairs for the purpose of funding the Urban Infill and
22 Redevelopment Assistance Grant Program established under
23 section 163.2523, Florida Statutes, during the 2001-2002
24 fiscal year.
25 Section 33. The Legislature finds that the integration
26 of the growth-management system and the planning of public
27 educational facilities is a matter of great public importance.
28 Section 34. (1) The Legislative Committee on
29 Intergovernmental Relations is directed to conduct a study of
30 the existing bonding capacity of counties, municipalities, and
31 school boards. The study shall include, but is not limited to:
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1 possible methods of strengthening their credit ratings and
2 interest rates; feasibility of increasing their borrowing
3 capacity to the extent of their authorized millage or revenue;
4 and more flexible use of bond proceeds, especially for small
5 municipalities and counties.
6 (2) The Legislative Committee on Intergovernmental
7 Relations is required to report its findings and
8 recommendations to the Governor and Legislature by January 1,
9 2002. The recommendations must specifically include proposed
10 legislation, if applicable, for additional county,
11 municipality, and school board bonding capacity.
12 Section 35. Any multicounty airport authority created
13 as an independent special district which is subject to a
14 development-of-regional-impact development order and which has
15 conducted a noise study in accordance with 14 C.F.R. Part 150
16 shall, in fiscal year 2002, establish a
17 noise-mitigation-project fund in an amount of $7.5 million,
18 which shall be increased by another $2.5 million in fiscal
19 year 2004. The moneys in the project fund shall be segregated
20 and expended by the airport authority by December 31, 2006, to
21 the extent necessary to comply with development-order
22 commitments to acquire property from or otherwise mitigate
23 property owners adversely affected by the development of
24 regional impact. If moneys are not expended for such purposes
25 by December 31, 2006, the airport authority shall not
26 thereafter amend its development-of-regional-impact
27 development order or commence development of airport
28 infrastructure improvements authorized by such development
29 order until such funds are fully expended for such purposes.
30 Section 36. Subsection (1) of section 163.356, Florida
31 Statutes, is amended to read:
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1 163.356 Creation of community redevelopment agency.--
2 (1) Upon a finding of necessity as set forth in s.
3 163.355, and upon a further finding that there is a need for a
4 community redevelopment agency to function in the county or
5 municipality to carry out the community redevelopment purposes
6 of this part, any county or municipality may create a public
7 body corporate and politic to be known as a "community
8 redevelopment agency." A charter county having a population
9 less than or equal to 1.6 million may create, by a vote of at
10 least a majority plus one of the entire governing body of the
11 charter county, more than one community redevelopment agency.
12 Each such agency shall be constituted as a public
13 instrumentality, and the exercise by a community redevelopment
14 agency of the powers conferred by this part shall be deemed
15 and held to be the performance of an essential public
16 function. The Community redevelopment agencies agency of a
17 county have has the power to function within the corporate
18 limits of a municipality only as, if, and when the governing
19 body of the municipality has by resolution concurred in the
20 community redevelopment plan or plans proposed by the
21 governing body of the county.
22 Section 37. Except as otherwise expressly provided in
23 this act, this act shall take effect upon becoming a law.
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