SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Constantine moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 2, line 15,
15
16 insert:
17 Section 1. Subsection (1) of section 163.3174, Florida
18 Statutes, is amended to read:
19 163.3174 Local planning agency.--
20 (1) The governing body of each local government,
21 individually or in combination as provided in s. 163.3171,
22 shall designate and by ordinance establish a "local planning
23 agency," unless the agency is otherwise established by law.
24 Notwithstanding any special act to the contrary, all local
25 planning agencies or equivalent agencies that first review
26 rezoning and comprehensive plan amendments in each
27 municipality and county shall include a representative of the
28 school district appointed by the school board as a nonvoting
29 member of the local planning agency or equivalent agency to
30 attend those meetings at which the agency considers
31 comprehensive plan amendments and rezonings that would, if
1
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 approved, increase residential density on the property that is
2 the subject of the application. However, this subsection does
3 not prevent the governing body of the local government from
4 granting voting status to the school board member. The
5 governing body may designate itself as the local planning
6 agency pursuant to this subsection with the addition of a
7 nonvoting school board representative. The governing body
8 shall notify the state land planning agency of the
9 establishment of its local planning agency. All local planning
10 agencies shall provide opportunities for involvement by
11 district school boards and applicable community college
12 boards, which may be accomplished by formal representation,
13 membership on technical advisory committees, or other
14 appropriate means. The local planning agency shall prepare the
15 comprehensive plan or plan amendment after hearings to be held
16 after public notice and shall make recommendations to the
17 governing body regarding the adoption or amendment of the
18 plan. The agency may be a local planning commission, the
19 planning department of the local government, or other
20 instrumentality, including a countywide planning entity
21 established by special act or a council of local government
22 officials created pursuant to s. 163.02, provided the
23 composition of the council is fairly representative of all the
24 governing bodies in the county or planning area; however:
25 (a) If a joint planning entity is in existence on the
26 effective date of this act which authorizes the governing
27 bodies to adopt and enforce a land use plan effective
28 throughout the joint planning area, that entity shall be the
29 agency for those local governments until such time as the
30 authority of the joint planning entity is modified by law.
31 (b) In the case of chartered counties, the planning
2
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 responsibility between the county and the several
2 municipalities therein shall be as stipulated in the charter.
3 Section 2. Subsection (4) and paragraphs (a), (c),
4 (d), and (h) of subsection (6) of section 163.3177, Florida
5 Statutes, are amended to read:
6 163.3177 Required and optional elements of
7 comprehensive plan; studies and surveys.--
8 (4)(a) Coordination of the local comprehensive plan
9 with the comprehensive plans of adjacent municipalities, the
10 county, adjacent counties, or the region; with the appropriate
11 water management district's regional water supply plans
12 approved pursuant to s. 373.0361; with adopted rules
13 pertaining to designated areas of critical state concern; and
14 with the state comprehensive plan shall be a major objective
15 of the local comprehensive planning process. To that end, in
16 the preparation of a comprehensive plan or element thereof,
17 and in the comprehensive plan or element as adopted, the
18 governing body shall include a specific policy statement
19 indicating the relationship of the proposed development of the
20 area to the comprehensive plans of adjacent municipalities,
21 the county, adjacent counties, or the region and to the state
22 comprehensive plan, as the case may require and as such
23 adopted plans or plans in preparation may exist.
24 (b) When all or a portion of the land in a local
25 government jurisdiction is or becomes part of a designated
26 area of critical state concern, the local government shall
27 clearly identify those portions of the local comprehensive
28 plan that shall be applicable to the critical area and shall
29 indicate the relationship of the proposed development of the
30 area to the rules for the area of critical state concern.
31 (6) In addition to the requirements of subsections
3
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 (1)-(5), the comprehensive plan shall include the following
2 elements:
3 (a) A future land use plan element designating
4 proposed future general distribution, location, and extent of
5 the uses of land for residential uses, commercial uses,
6 industry, agriculture, recreation, conservation, education,
7 public buildings and grounds, other public facilities, and
8 other categories of the public and private uses of land. Each
9 The future land use category must be defined in terms of uses
10 included and must plan shall include standards to be followed
11 in the control and distribution of population densities and
12 building and structure intensities. The proposed
13 distribution, location, and extent of the various categories
14 of land use shall be shown on a land use map or map series
15 which shall be supplemented by goals, policies, and measurable
16 objectives. Each land use category shall be defined in terms
17 of the types of uses included and specific standards for the
18 density or intensity of use. The future land use plan shall be
19 based upon surveys, studies, and data regarding the area,
20 including the amount of land required to accommodate
21 anticipated growth; the projected population of the area; the
22 character of undeveloped land; the availability of public
23 services; the need for redevelopment, including the renewal of
24 blighted areas and the elimination of nonconforming uses which
25 are inconsistent with the character of the community; and, in
26 rural communities, the need for job creation, capital
27 investment, and economic development that will strengthen and
28 diversify the community's economy. The future land use plan
29 may designate areas for future planned development use
30 involving combinations of types of uses for which special
31 regulations may be necessary to ensure development in accord
4
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 with the principles and standards of the comprehensive plan
2 and this act. In addition, for rural communities, the amount
3 of land designated for future planned industrial use shall be
4 based upon surveys and studies that reflect the need for job
5 creation, capital investment, and the necessity to strengthen
6 and diversify the local economies, and shall not be limited
7 solely by the projected population of the rural community. The
8 future land use plan of a county may also designate areas for
9 possible future municipal incorporation. The land use maps or
10 map series shall generally identify and depict historic
11 district boundaries and shall designate historically
12 significant properties meriting protection. The future land
13 use element must clearly identify the land use categories in
14 which public schools are an allowable use. When delineating
15 the land use categories in which public schools are an
16 allowable use, a local government shall include in the
17 categories sufficient land proximate to residential
18 development to meet the projected needs for schools in
19 coordination with public school boards and may establish
20 differing criteria for schools of different type or size.
21 Each local government shall include lands contiguous to
22 existing school sites, to the maximum extent possible, within
23 the land use categories in which public schools are an
24 allowable use. All comprehensive plans must comply with the
25 school siting requirements of this paragraph no later than
26 October 1, 1999. The failure by a local government to comply
27 with these school siting requirements by October 1, 1999, will
28 result in the prohibition of the local government's ability to
29 amend the local comprehensive plan, except for plan amendments
30 described in s. 163.3187(1)(b), until the school siting
31 requirements are met. Amendments An amendment proposed by a
5
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 local government for purposes of identifying the land use
2 categories in which public schools are an allowable use or for
3 adopting or amending the school-siting maps pursuant to s.
4 163.31776(3) are is exempt from the limitation on the
5 frequency of plan amendments contained in s. 163.3187. The
6 future land use element shall include criteria that which
7 encourage the location of schools proximate to urban
8 residential areas to the extent possible and shall require
9 that the local government seek to collocate public facilities,
10 such as parks, libraries, and community centers, with schools
11 to the extent possible and to encourage the use of elementary
12 schools as focal points for neighborhoods. For schools serving
13 predominantly rural counties, defined as a county with a
14 population of 100,000 or fewer, an agricultural land use
15 category shall be eligible for the location of public school
16 facilities if the local comprehensive plan contains school
17 siting criteria and the location is consistent with such
18 criteria.
19 (c) A general sanitary sewer, solid waste, drainage,
20 potable water, and natural groundwater aquifer recharge
21 element correlated to principles and guidelines for future
22 land use, indicating ways to provide for future potable water,
23 drainage, sanitary sewer, solid waste, and aquifer recharge
24 protection requirements for the area. The element may be a
25 detailed engineering plan including a topographic map
26 depicting areas of prime groundwater recharge. The element
27 shall describe the problems and needs and the general
28 facilities that will be required for solution of the problems
29 and needs. The element shall also include a topographic map
30 depicting any areas adopted by a regional water management
31 district as prime groundwater recharge areas for the Floridan
6
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 or Biscayne aquifers, pursuant to s. 373.0395. These areas
2 shall be given special consideration when the local government
3 is engaged in zoning or considering future land use for said
4 designated areas. For areas served by septic tanks, soil
5 surveys shall be provided which indicate the suitability of
6 soils for septic tanks. By January 1, 2005, or the Evaluation
7 and Appraisal Report adoption deadline established for the
8 local government pursuant to s. 163.3191(a), whichever date
9 occurs first, the element must consider the appropriate water
10 management district's regional water supply plan approved
11 pursuant to s. 373.0361. The element must include a workplan,
12 covering at least a 10-year planning period, for building
13 water supply facilities that are identified in the element as
14 necessary to serve existing and new development and for which
15 the local government is responsible.
16 (d) A conservation element for the conservation, use,
17 and protection of natural resources in the area, including
18 air, water, water recharge areas, wetlands, waterwells,
19 estuarine marshes, soils, beaches, shores, flood plains,
20 rivers, bays, lakes, harbors, forests, fisheries and wildlife,
21 marine habitat, minerals, and other natural and environmental
22 resources. Local governments shall assess their current, as
23 well as projected, water needs and sources for at least a
24 10-year period, considering the appropriate regional water
25 supply plan approved pursuant to s. 373.0361, or, in the
26 absence of an approved regional water supply plan, the
27 district water management plan approved pursuant to s.
28 373.036(2). This information shall be submitted to the
29 appropriate agencies. The land use map or map series
30 contained in the future land use element shall generally
31 identify and depict the following:
7
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 1. Existing and planned waterwells and cones of
2 influence where applicable.
3 2. Beaches and shores, including estuarine systems.
4 3. Rivers, bays, lakes, flood plains, and harbors.
5 4. Wetlands.
6 5. Minerals and soils.
7
8 The land uses identified on such maps shall be consistent with
9 applicable state law and rules.
10 (h)1. An intergovernmental coordination element
11 showing relationships and stating principles and guidelines to
12 be used in the accomplishment of coordination of the adopted
13 comprehensive plan with the plans of school boards and other
14 units of local government providing services but not having
15 regulatory authority over the use of land, with the
16 comprehensive plans of adjacent municipalities, the county,
17 adjacent counties, or the region, and with the state
18 comprehensive plan and with the applicable regional water
19 supply plan approved pursuant to s. 373.0361, as the case may
20 require and as such adopted plans or plans in preparation may
21 exist. This element of the local comprehensive plan shall
22 demonstrate consideration of the particular effects of the
23 local plan, when adopted, upon the development of adjacent
24 municipalities, the county, adjacent counties, or the region,
25 or upon the state comprehensive plan, as the case may require.
26 a. The intergovernmental coordination element shall
27 provide for procedures to identify and implement joint
28 planning areas, especially for the purpose of annexation,
29 municipal incorporation, and joint infrastructure service
30 areas.
31 b. The intergovernmental coordination element shall
8
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 provide for recognition of campus master plans prepared
2 pursuant to s. 240.155.
3 c. The intergovernmental coordination element may
4 provide for a voluntary dispute resolution process as
5 established pursuant to s. 186.509 for bringing to closure in
6 a timely manner intergovernmental disputes. A local
7 government may develop and use an alternative local dispute
8 resolution process for this purpose.
9 2. The intergovernmental coordination element shall
10 further state principles and guidelines to be used in the
11 accomplishment of coordination of the adopted comprehensive
12 plan with the plans of school boards and other units of local
13 government providing facilities and services but not having
14 regulatory authority over the use of land. In addition, the
15 intergovernmental coordination element shall describe joint
16 processes for collaborative planning and decisionmaking on
17 population projections and public school siting, the location
18 and extension of public facilities subject to concurrency, and
19 siting facilities with countywide significance, including
20 locally unwanted land uses whose nature and identity are
21 established in an agreement. Within 1 year of adopting their
22 intergovernmental coordination elements, each county, all the
23 municipalities within that county, the district school board,
24 and any unit of local government service providers in that
25 county shall establish by interlocal or other formal agreement
26 executed by all affected entities, the joint processes
27 described in this subparagraph consistent with their adopted
28 intergovernmental coordination elements.
29 3. To foster coordination between special districts
30 and local general-purpose governments as local general-purpose
31 governments implement local comprehensive plans, each
9
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 independent special district must submit a public facilities
2 report to the appropriate local government as required by s.
3 189.415.
4 4.a. Local governments adopting a public educational
5 facilities element pursuant to s. 163.31776 must execute an
6 interlocal agreement with the district school board, the
7 county, and nonexempt municipalities, as defined by s.
8 163.31776(1), which includes the items listed in s.
9 163.31777(2). The local government shall amend the
10 intergovernmental coordination element to provide that
11 coordination between the local government and school board is
12 pursuant to the agreement and shall state the obligations of
13 the local government under the agreement.
14 b. Plan amendments that comply with this subparagraph
15 are exempt from the provisions of s. 163.3187(1).
16 5. The state land planning agency shall establish a
17 schedule for phased completion and transmittal of plan
18 amendments to implement subparagraphs 1., 2., and 3. from all
19 jurisdictions so as to accomplish their adoption by December
20 31, 1999. A local government may complete and transmit its
21 plan amendments to carry out these provisions prior to the
22 scheduled date established by the state land planning agency.
23 The plan amendments are exempt from the provisions of s.
24 163.3187(1).
25 6. By January 1, 2004, any county having a population
26 greater than 100,000, and the municipalities and special
27 districts within that county, shall submit a report to the
28 Department of Community Affairs which:
29 a. Identifies all existing or proposed interlocal
30 service-delivery agreements regarding the following:
31 education; sanitary sewer; public safety; solid waste;
10
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 drainage; potable water; parks and recreation; and
2 transportation facilities.
3 b. Identifies any deficits or duplication in the
4 provision of services within its jurisdiction, whether capital
5 or operational. Upon request, the Department of Community
6 Affairs shall provide technical assistance to the local
7 governments in identifying deficits or duplication.
8 7. Within 6 months after submission of the report, the
9 Department of Community Affairs shall, through the appropriate
10 regional planning council, coordinate a meeting of all local
11 governments within the regional planning area to discuss the
12 reports and potential strategies to remedy any identified
13 deficiencies or duplications.
14 8. Each local government shall update its
15 intergovernmental coordination element based upon the findings
16 in the report submitted pursuant to subparagraph 6. The report
17 may be used as supporting data and analysis for the
18 intergovernmental coordination element.
19 9. By February 1, 2003, representatives of
20 municipalities, counties, and special districts shall provide
21 to the Legislature recommended statutory changes for
22 annexation, including any changes that address the delivery of
23 local government services in areas planned for annexation.
24 Section 3. Section 163.31775, Florida Statutes, is
25 repealed.
26 Section 4. Section 163.31776, Florida Statutes, is
27 created to read:
28 163.31776 Public educational facilities element.--
29 (1) A county, in conjunction with the municipalities
30 within the county, may adopt an optional public educational
31 facilities element in cooperation with the applicable school
11
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 district. In order to enact an optional public educational
2 facilities element, the county and each municipality, unless
3 the municipality is exempt as defined in this subsection, must
4 adopt a consistent public educational facilities element and
5 enter the interlocal agreement pursuant to ss.
6 163.3177(6)(h)4. and 163.31777(2). A municipality is exempt if
7 it has no established need for a new school facility and it
8 meets the following criteria:
9 (a) The municipality has no public schools located
10 within its boundaries; and
11 (b) The district school board's 5-year facilities work
12 program and the long-term 10-year work program, as provided in
13 s. 235.185, demonstrate that no new school facility is needed
14 in the municipality. In addition, the district school board
15 must verify in writing that no new school facility will be
16 needed in the municipality within the 5-year and 10-year
17 timeframes.
18 (2) The public educational facilities element must be
19 based on data and analysis, including the interlocal agreement
20 defined by ss. 163.3177(6)(h)4. and 163.31777(2), and on the
21 educational facilities plan required by s. 235.185. Each local
22 government public educational facilities element within a
23 county must be consistent with the other elements and must
24 address:
25 (a) The need for, strategies for, and commitments to
26 addressing improvements to infrastructure, safety, and
27 community conditions in areas proximate to existing public
28 schools.
29 (b) The need for and strategies for providing adequate
30 infrastructure necessary to support proposed schools,
31 including potable water, wastewater, drainage, solid waste,
12
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 transportation, and means by which to assure safe access to
2 schools, including sidewalks, bicycle paths, turn lanes, and
3 signalization.
4 (c) Colocation of other public facilities, such as
5 parks, libraries, and community centers, in proximity to
6 public schools.
7 (d) Location of schools proximate to residential areas
8 and to complement patterns of development, including using
9 elementary schools as focal points for neighborhoods.
10 (e) Use of public schools to serve as emergency
11 shelters.
12 (f) Consideration of the existing and planned capacity
13 of public schools when reviewing comprehensive plan amendments
14 and rezonings that are likely to increase residential
15 development and that are reasonably expected to have an impact
16 on the demand for public school facilities, with the review to
17 be based on uniform, level-of-service standards, availability
18 standards for public schools, and the financially feasible
19 5-year district facilities work program adopted by the school
20 board pursuant to s. 235.185.
21 (g) A uniform methodology for determining school
22 capacity consistent with the interlocal agreement entered
23 pursuant to ss. 163.3177(6)(h)4. and 163.31777(2).
24 (3) The future land-use map series must incorporate
25 maps that are the result of a collaborative process for
26 identifying school sites in the educational facilities plan
27 adopted by the school board pursuant to s. 235.185 and must
28 show the locations of existing public schools and the general
29 locations of improvements to existing schools or new schools
30 anticipated over the 5-year, 10-year, and 20-year time
31 periods, or such maps must constitute data and analysis in
13
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 support of the future land-use map series. Maps indicating
2 general locations of future schools or school improvements
3 should not prescribe a land use on a particular parcel of
4 land.
5 (4) The process for adopting a public educational
6 facilities element is as provided in s. 163.3184. The state
7 land planning agency shall submit a copy of the proposed pubic
8 school facilities element pursuant to the procedures outlined
9 in s. 163.3184(4) to the Office of Educational Facilities and
10 SMART Schools Clearinghouse of the Commissioner of Education
11 for review and comment.
12 (5) Plan amendments to adopt a public educational
13 facilities element are exempt from the provisions of s.
14 163.3187(1).
15 Section 5. Section 163.31777, Florida Statutes, is
16 created to read:
17 163.31777 Public schools interlocal agreement.--
18 (1)(a) The county and municipalities located within
19 the geographic area of a school district shall enter into an
20 interlocal agreement with the district school board which
21 jointly establishes the specific ways in which the plans and
22 processes of the district school board and the local
23 governments are to be coordinated. The interlocal agreements
24 shall be submitted to the state land planning agency and the
25 Office of Educational Facilities and the SMART Schools
26 Clearinghouse in accordance with a schedule published by the
27 state land planning agency.
28 (b) The schedule must establish staggered due dates
29 for submission of interlocal agreements that are executed by
30 both the local government and the district school board,
31 commencing on March 1, 2003, and concluding by December 1,
14
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 2004, and must set the same date for all governmental entities
2 within a school district. However, if the county where the
3 school district is located contains more than 20
4 municipalities, the state land planning agency may establish
5 staggered due dates for the submission of interlocal
6 agreements by these municipalities. The schedule must begin
7 with those areas where both the number of districtwide
8 capital-outlay full-time-equivalent students equals 80 percent
9 or more of the current year's school capacity and the
10 projected 5-year student growth is 1,000 or greater, or where
11 the projected 5-year student growth rate is 10 percent or
12 greater.
13 (c) If the student population has declined over the
14 5-year period preceding the due date for submittal of an
15 interlocal agreement by the local government and the district
16 school board, the local government and the district school
17 board may petition the state land planning agency for a waiver
18 of one or more requirements of subsection (2). The waiver must
19 be granted if the procedures called for in subsection (2) are
20 unnecessary because of the school district's declining school
21 age population, considering the district's 5-year facilities
22 work program prepared pursuant to s. 235.185. The state land
23 planning agency may modify or revoke the waiver upon a finding
24 that the conditions upon which the waiver was granted no
25 longer exist. The district school board and local governments
26 must submit an interlocal agreement within 1 year after
27 notification by the state land planning agency that the
28 conditions for a waiver no longer exist.
29 (d) Interlocal agreements between local governments
30 and district school boards adopted pursuant to s. 163.3177
31 before the effective date of this section must be updated and
15
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 executed pursuant to the requirements of this section, if
2 necessary. Amendments to interlocal agreements adopted
3 pursuant to this section must be submitted to the state land
4 planning agency within 30 days after execution by the parties
5 for review consistent with this section. Local governments and
6 the district school board in each school district are
7 encouraged to adopt a single interlocal agreement to which all
8 join as parties. The state land planning agency shall assemble
9 and make available model interlocal agreements meeting the
10 requirements of this section and notify local governments and,
11 jointly with the Department of Education, the district school
12 boards of the requirements of this section, the dates for
13 compliance, and the sanctions for noncompliance. The state
14 land planning agency shall be available to informally review
15 proposed interlocal agreements. If the state land planning
16 agency has not received a proposed interlocal agreement for
17 informal review, the state land planning agency shall, at
18 least 60 days before the deadline for submission of the
19 executed agreement, renotify the local government and the
20 district school board of the upcoming deadline and the
21 potential for sanctions.
22 (2) At a minimum, the interlocal agreement must
23 address the following issues:
24 (a) A process by which each local government and the
25 district school board agree and base their plans on consistent
26 projections of the amount, type, and distribution of
27 population growth and student enrollment. The geographic
28 distribution of jurisdiction-wide growth forecasts is a major
29 objective of the process.
30 (b) A process to coordinate and share information
31 relating to existing and planned public school facilities,
16
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 including school renovations and closures, and local
2 government plans for development and redevelopment.
3 (c) Participation by affected local governments with
4 the district school board in the process of evaluating
5 potential school closures, significant renovations to existing
6 schools, and new school site selection before land
7 acquisition. Local governments shall advise the district
8 school board as to the consistency of the proposed closure,
9 renovation, or new site with the local comprehensive plan,
10 including appropriate circumstances and criteria under which a
11 district school board may request an amendment to the
12 comprehensive plan for school siting.
13 (d) A process for determining the need for and timing
14 of on-site and off-site improvements to support new, proposed
15 expansion, or redevelopment of existing schools. The process
16 must address identification of the party or parties
17 responsible for the improvements.
18 (e) A process for the school board to inform the local
19 government regarding school capacity. The capacity reporting
20 must be consistent with laws and rules relating to measurement
21 of school facility capacity and must also identify how the
22 district school board will meet the public school demand based
23 on the facilities work program adopted pursuant to s. 235.185.
24 (f) Participation of the local governments in the
25 preparation of the annual update to the district school
26 board's 5-year district facilities work program and
27 educational plant survey prepared pursuant to s. 235.185.
28 (g) A process for determining where and how joint use
29 of either school board or local government facilities can be
30 shared for mutual benefit and efficiency.
31 (h) A procedure for the resolution of disputes between
17
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 the district school board and local governments, which may
2 include the dispute-resolution processes contained in chapters
3 164 and 186.
4 (i) An oversight process, including an opportunity for
5 public participation, for the implementation of the interlocal
6 agreement.
7
8 A signatory to the interlocal agreement may elect not to
9 include a provision meeting the requirements of paragraph (e);
10 however, such a decision may be made only after a public
11 hearing on such election, which may include the public hearing
12 in which a district school board or a local government adopts
13 the interlocal agreement. An interlocal agreement entered into
14 pursuant to this section must be consistent with the adopted
15 comprehensive plan and land development regulations of any
16 local government that is a signatory.
17 (3)(a) The Office of Educational Facilities and SMART
18 Schools Clearinghouse shall submit any comments or concerns
19 regarding the executed interlocal agreement to the state land
20 planning agency within 30 days after receipt of the executed
21 interlocal agreement. The state land planning agency shall
22 review the executed interlocal agreement to determine whether
23 it is consistent with the requirements of subsection (2), the
24 adopted local government comprehensive plan, and other
25 requirements of law. Within 60 days after receipt of an
26 executed interlocal agreement, the state land planning agency
27 shall publish a notice of intent in the Florida Administrative
28 Weekly and shall post a copy of the notice on the agency's
29 Internet site. The notice of intent must state whether the
30 interlocal agreement is consistent or inconsistent with the
31 requirements of subsection (2) and this subsection, as
18
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 appropriate.
2 (b) The state land planning agency's notice is subject
3 to challenge under chapter 120; however, an affected person,
4 as defined in 163.3184(1)(a), has standing to initiate the
5 administrative proceeding, and this proceeding is the sole
6 means available to challenge the consistency of an interlocal
7 agreement required by this section with the criteria contained
8 in subsection (2) and this subsection. In order to have
9 standing, each person must have submitted oral or written
10 comments, recommendations, or objections to the local
11 government or the school board before the adoption of the
12 interlocal agreement by the school board and local government.
13 The district school board and local governments are parties to
14 any such proceeding. In this proceeding, when the state land
15 planning agency finds the interlocal agreement to be
16 consistent with the criteria in subsection (2) and this
17 subsection, the interlocal agreement shall be determined to be
18 consistent with subsection (2) and this subsection if the
19 local government's and school board's determination of
20 consistency is fairly debatable. When the state planning
21 agency finds the interlocal agreement to be inconsistent with
22 the requirements of subsection (2) and this subsection, the
23 local government's and school board's determination of
24 consistency shall be sustained unless it is shown by a
25 preponderance of the evidence that the interlocal agreement is
26 inconsistent.
27 (c) If the state land planning agency enters a final
28 order that finds that the interlocal agreement is inconsistent
29 with the requirements of subsection (2) or this subsection, it
30 shall forward it to the Administration Commission, which may
31 impose sanctions against the local government pursuant to s.
19
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 163.3184(11) and may impose sanctions against the district
2 school board by directing the Department of Education to
3 withhold from the district school board an equivalent amount
4 of funds for school construction available pursuant to ss.
5 235.187, 235.216, 235.2195, and 235.42.
6 (4) If an executed interlocal agreement is not timely
7 submitted to the state land planning agency for review, the
8 state land planning agency shall, within 15 working days after
9 the deadline for submittal, issue to the local government and
10 the district school board a Notice to Show Cause why sanctions
11 should not be imposed for failure to submit an executed
12 interlocal agreement by the deadline established by the
13 agency. The agency shall forward the notice and the responses
14 to the Administration Commission, which may enter a final
15 order citing the failure to comply and imposing sanctions
16 against the local government and district school board by
17 directing the appropriate agencies to withhold at least 5
18 percent of state funds pursuant to s. 163.3184(11) and by
19 directing the Department of Education to withhold from the
20 district school board at least 5 percent of funds for school
21 construction available pursuant to ss. 235.187, 235.216,
22 235.2195, 235.42.
23 (5) Any local government transmitting a public school
24 element to implement school concurrency pursuant to the
25 requirements of s. 163.3180 before the effective date of this
26 section is not required to amend the element or any interlocal
27 agreement to conform with the provisions of this section if
28 the element is adopted prior to or within 1 year after the
29 effective date of this section and remains in effect.
30 (6) Except as provided in subsection (7),
31 municipalities having no established need for a new school
20
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 facility and meeting the following criteria are exempt from
2 the requirements of subsections (1), (2), and (3):
3 (a) The municipality has no public schools located
4 within its boundaries.
5 (b) The district school board's 5-year facilities work
6 program and the long-term 10-year and 20-year work programs,
7 as provided in s. 235.185, demonstrate that no new school
8 facility is needed in the municipality. In addition, the
9 district school board must verify in writing that no new
10 school facility will be needed in the municipality within the
11 5-year and 10-year timeframes.
12 (7) At the time of the evaluation and appraisal
13 report, each exempt municipality shall assess the extent to
14 which it continues to meet the criteria for exemption under
15 subsection (6). If the municipality continues to meet these
16 criteria and the district school board verifies in writing
17 that no new school facilities will be needed within the 5-year
18 and 10-year timeframes, the municipality shall continue to be
19 exempt from the interlocal-agreement requirement. Each
20 municipality exempt under subsection (6) must comply with the
21 provisions of this section within 1 year after the district
22 school board proposes, in its 5-year district facilities work
23 program, a new school within the municipality's jurisdiction.
24 Section 6. Subsection (4) of section 163.3180, Florida
25 Statutes, is amended to read:
26 163.3180 Concurrency.--
27 (4)(a) The concurrency requirement as implemented in
28 local comprehensive plans applies to state and other public
29 facilities and development to the same extent that it applies
30 to all other facilities and development, as provided by law.
31 (b) The concurrency requirement as implemented in
21
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 local comprehensive plans does not apply to public transit
2 facilities. For the purposes of this paragraph, public
3 transit facilities include transit stations and terminals,
4 transit station parking, park-and-ride lots, intermodal public
5 transit connection or transfer facilities, and fixed bus,
6 guideway, and rail stations. As used in this paragraph, the
7 terms "terminals" and "transit facilities" do not include
8 airports or seaports or commercial or residential development
9 constructed in conjunction with a public transit facility.
10 (c) The concurrency requirement, except as it relates
11 to transportation facilities, as implemented in local
12 government comprehensive plans may be waived by a local
13 government for urban infill and redevelopment areas designated
14 pursuant to s. 163.2517 if such a waiver does not endanger
15 public health or safety as defined by the local government in
16 its local government comprehensive plan. The waiver shall be
17 adopted as a plan amendment pursuant to the process set forth
18 in s. 163.3187(3)(a). A local government may grant a
19 concurrency exception pursuant to subsection (5) for
20 transportation facilities located within these urban infill
21 and redevelopment areas.
22 Section 7. Subsections (1), (3), (4), (6), (7), (8),
23 and (15) and paragraph (d) of subsection (16) of section
24 163.3184, Florida Statutes, are amended to read:
25 163.3184 Process for adoption of comprehensive plan or
26 plan amendment.--
27 (1) DEFINITIONS.--As used in this section, the term:
28 (a) "Affected person" includes the affected local
29 government; persons owning property, residing, or owning or
30 operating a business within the boundaries of the local
31 government whose plan is the subject of the review; owners of
22
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 real property abutting real property that is the subject of a
2 proposed change to a future land-use map; and adjoining local
3 governments that can demonstrate that the plan or plan
4 amendment will produce substantial impacts on the increased
5 need for publicly funded infrastructure or substantial impacts
6 on areas designated for protection or special treatment within
7 their jurisdiction. Each person, other than an adjoining local
8 government, in order to qualify under this definition, shall
9 also have submitted oral or written comments, recommendations,
10 or objections to the local government during the period of
11 time beginning with the transmittal hearing for the plan or
12 plan amendment and ending with the adoption of the plan or
13 plan amendment.
14 (b) "In compliance" means consistent with the
15 requirements of ss. 163.3177, 163.31776, when a local
16 government adopts an educational facilities element, 163.3178,
17 163.3180, 163.3191, and 163.3245, with the state comprehensive
18 plan, with the appropriate strategic regional policy plan, and
19 with chapter 9J-5, Florida Administrative Code, where such
20 rule is not inconsistent with this part and with the
21 principles for guiding development in designated areas of
22 critical state concern.
23 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
24 AMENDMENT.--
25 (a) Each local governing body shall transmit the
26 complete proposed comprehensive plan or plan amendment to the
27 state land planning agency, the appropriate regional planning
28 council and water management district, the Department of
29 Environmental Protection, the Department of State, and the
30 Department of Transportation, and, in the case of municipal
31 plans, to the appropriate county, and, in the case of county
23
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 plans, to the Fish and Wildlife Conservation Commission and
2 the Department of Agriculture and Consumer Services,
3 immediately following a public hearing pursuant to subsection
4 (15) as specified in the state land planning agency's
5 procedural rules. The local governing body shall also transmit
6 a copy of the complete proposed comprehensive plan or plan
7 amendment to any other unit of local government or government
8 agency in the state that has filed a written request with the
9 governing body for the plan or plan amendment. The local
10 government may request a review by the state land planning
11 agency pursuant to subsection (6) at the time of the
12 transmittal of an amendment.
13 (b) A local governing body shall not transmit portions
14 of a plan or plan amendment unless it has previously provided
15 to all state agencies designated by the state land planning
16 agency a complete copy of its adopted comprehensive plan
17 pursuant to subsection (7) and as specified in the agency's
18 procedural rules. In the case of comprehensive plan
19 amendments, the local governing body shall transmit to the
20 state land planning agency, the appropriate regional planning
21 council and water management district, the Department of
22 Environmental Protection, the Department of State, and the
23 Department of Transportation, and, in the case of municipal
24 plans, to the appropriate county and, in the case of county
25 plans, to the Fish and Wildlife Conservation Commission and
26 the Department of Agriculture and Consumer Services the
27 materials specified in the state land planning agency's
28 procedural rules and, in cases in which the plan amendment is
29 a result of an evaluation and appraisal report adopted
30 pursuant to s. 163.3191, a copy of the evaluation and
31 appraisal report. Local governing bodies shall consolidate all
24
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 proposed plan amendments into a single submission for each of
2 the two plan amendment adoption dates during the calendar year
3 pursuant to s. 163.3187.
4 (c) A local government may adopt a proposed plan
5 amendment previously transmitted pursuant to this subsection,
6 unless review is requested or otherwise initiated pursuant to
7 subsection (6).
8 (d) In cases in which a local government transmits
9 multiple individual amendments that can be clearly and legally
10 separated and distinguished for the purpose of determining
11 whether to review the proposed amendment, and the state land
12 planning agency elects to review several or a portion of the
13 amendments and the local government chooses to immediately
14 adopt the remaining amendments not reviewed, the amendments
15 immediately adopted and any reviewed amendments that the local
16 government subsequently adopts together constitute one
17 amendment cycle in accordance with s. 163.3187(1).
18 (4) INTERGOVERNMENTAL REVIEW.--If review of a proposed
19 comprehensive plan amendment is requested or otherwise
20 initiated pursuant to subsection (6), the state land planning
21 agency within 5 working days of determining that such a review
22 will be conducted shall transmit a copy of the proposed plan
23 amendment to various government agencies, as appropriate, for
24 response or comment, including, but not limited to, the
25 Department of Environmental Protection, the Department of
26 Transportation, the water management district, and the
27 regional planning council, and, in the case of municipal
28 plans, to the county land planning agency. The These
29 governmental agencies specified in paragraph (3)(a) shall
30 provide comments to the state land planning agency within 30
31 days after receipt by the state land planning agency of the
25
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 complete proposed plan amendment. If the plan or plan
2 amendment includes or relates to the public school facilities
3 element pursuant to s. 163.31776, the state land planning
4 agency shall submit a copy to the Office of Educational
5 Facilities of the Commissioner of Education for review and
6 comment. The appropriate regional planning council shall also
7 provide its written comments to the state land planning agency
8 within 30 days after receipt by the state land planning agency
9 of the complete proposed plan amendment and shall specify any
10 objections, recommendations for modifications, and comments of
11 any other regional agencies to which the regional planning
12 council may have referred the proposed plan amendment. Written
13 comments submitted by the public within 30 days after notice
14 of transmittal by the local government of the proposed plan
15 amendment will be considered as if submitted by governmental
16 agencies. All written agency and public comments must be made
17 part of the file maintained under subsection (2).
18 (6) STATE LAND PLANNING AGENCY REVIEW.--
19 (a) The state land planning agency shall review a
20 proposed plan amendment upon request of a regional planning
21 council, affected person, or local government transmitting the
22 plan amendment. The request from the regional planning council
23 or affected person must be if the request is received within
24 30 days after transmittal of the proposed plan amendment
25 pursuant to subsection (3). The agency shall issue a report
26 of its objections, recommendations, and comments regarding the
27 proposed plan amendment. A regional planning council or
28 affected person requesting a review shall do so by submitting
29 a written request to the agency with a notice of the request
30 to the local government and any other person who has requested
31 notice.
26
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 (b) The state land planning agency may review any
2 proposed plan amendment regardless of whether a request for
3 review has been made, if the agency gives notice to the local
4 government, and any other person who has requested notice, of
5 its intention to conduct such a review within 35 30 days after
6 receipt of transmittal of the complete proposed plan amendment
7 pursuant to subsection (3).
8 (c) The state land planning agency shall establish by
9 rule a schedule for receipt of comments from the various
10 government agencies, as well as written public comments,
11 pursuant to subsection (4). If the state land planning agency
12 elects to review the amendment or the agency is required to
13 review the amendment as specified in paragraph (a), the agency
14 shall issue a report giving its objections, recommendations,
15 and comments regarding the proposed amendment within 60 days
16 after receipt of the complete proposed amendment by the state
17 land planning agency. The state land planning agency shall
18 have 30 days to review comments from the various government
19 agencies along with a local government's comprehensive plan or
20 plan amendment. During that period, the state land planning
21 agency shall transmit in writing its comments to the local
22 government along with any objections and any recommendations
23 for modifications. When a federal, state, or regional agency
24 has implemented a permitting program, the state land planning
25 agency shall not require a local government to duplicate or
26 exceed that permitting program in its comprehensive plan or to
27 implement such a permitting program in its land development
28 regulations. Nothing contained herein shall prohibit the
29 state land planning agency in conducting its review of local
30 plans or plan amendments from making objections,
31 recommendations, and comments or making compliance
27
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 determinations regarding densities and intensities consistent
2 with the provisions of this part. In preparing its comments,
3 the state land planning agency shall only base its
4 considerations on written, and not oral, comments, from any
5 source.
6 (d) The state land planning agency review shall
7 identify all written communications with the agency regarding
8 the proposed plan amendment. If the state land planning agency
9 does not issue such a review, it shall identify in writing to
10 the local government all written communications received 30
11 days after transmittal. The written identification must
12 include a list of all documents received or generated by the
13 agency, which list must be of sufficient specificity to enable
14 the documents to be identified and copies requested, if
15 desired, and the name of the person to be contacted to request
16 copies of any identified document. The list of documents must
17 be made a part of the public records of the state land
18 planning agency.
19 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
20 PLAN OR AMENDMENTS AND TRANSMITTAL.--
21 (a) The local government shall review the written
22 comments submitted to it by the state land planning agency,
23 and any other person, agency, or government. Any comments,
24 recommendations, or objections and any reply to them shall be
25 public documents, a part of the permanent record in the
26 matter, and admissible in any proceeding in which the
27 comprehensive plan or plan amendment may be at issue. The
28 local government, upon receipt of written comments from the
29 state land planning agency, shall have 120 days to adopt or
30 adopt with changes the proposed comprehensive plan or s.
31 163.3191 plan amendments. In the case of comprehensive plan
28
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 amendments other than those proposed pursuant to s. 163.3191,
2 the local government shall have 60 days to adopt the
3 amendment, adopt the amendment with changes, or determine that
4 it will not adopt the amendment. The adoption of the proposed
5 plan or plan amendment or the determination not to adopt a
6 plan amendment, other than a plan amendment proposed pursuant
7 to s. 163.3191, shall be made in the course of a public
8 hearing pursuant to subsection (15). The local government
9 shall transmit the complete adopted comprehensive plan or
10 adopted plan amendment, including the names and addresses of
11 person compiled pursuant to paragraph (15)(c), to the state
12 land planning agency as specified in the agency's procedural
13 rules within 10 working days after adoption. The local
14 governing body shall also transmit a copy of the adopted
15 comprehensive plan or plan amendment to the regional planning
16 agency and to any other unit of local government or
17 governmental agency in the state that has filed a written
18 request with the governing body for a copy of the plan or plan
19 amendment.
20 (b) If the adopted plan amendment is unchanged from
21 the proposed plan amendment transmitted pursuant to subsection
22 (3) and an affected person as defined in paragraph (1)(a) did
23 not raise any objection, the state land planning agency did
24 not review the proposed plan amendment, and the state land
25 planning agency did not raise any objections during its review
26 pursuant to subsection (6), the local government may state in
27 the transmittal letter that the plan amendment is unchanged
28 and was not the subject of objections.
29 (8) NOTICE OF INTENT.--
30 (a) If the transmittal letter correctly states that
31 the plan amendment is unchanged and was not the subject of
29
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 review or objections pursuant to paragraph (7)(b), the state
2 land planning agency has 20 days after receipt of the
3 transmittal letter within which to issue a notice of intent
4 that the plan amendment is in compliance.
5 (b)(a) Except as provided in paragraph (a) or in s.
6 163.3187(3), the state land planning agency, upon receipt of a
7 local government's complete adopted comprehensive plan or plan
8 amendment, shall have 45 days for review and to determine if
9 the plan or plan amendment is in compliance with this act,
10 unless the amendment is the result of a compliance agreement
11 entered into under subsection (16), in which case the time
12 period for review and determination shall be 30 days. If
13 review was not conducted under subsection (6), the agency's
14 determination must be based upon the plan amendment as
15 adopted. If review was conducted under subsection (6), the
16 agency's determination of compliance must be based only upon
17 one or both of the following:
18 1. The state land planning agency's written comments
19 to the local government pursuant to subsection (6); or
20 2. Any changes made by the local government to the
21 comprehensive plan or plan amendment as adopted.
22 (c)(b)1. During the time period provided for in this
23 subsection, the state land planning agency shall issue,
24 through a senior administrator or the secretary, as specified
25 in the agency's procedural rules, a notice of intent to find
26 that the plan or plan amendment is in compliance or not in
27 compliance. A notice of intent shall be issued by publication
28 in the manner provided by this paragraph and by mailing a copy
29 to the local government and to persons who request notice.
30 The required advertisement shall be no less than 2 columns
31 wide by 10 inches long, and the headline in the advertisement
30
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 shall be in a type no smaller than 12 point. The advertisement
2 shall not be placed in that portion of the newspaper where
3 legal notices and classified advertisements appear. The
4 advertisement shall be published in a newspaper which meets
5 the size and circulation requirements set forth in paragraph
6 (15)(c) and which has been designated in writing by the
7 affected local government at the time of transmittal of the
8 amendment. Publication by the state land planning agency of a
9 notice of intent in the newspaper designated by the local
10 government shall be prima facie evidence of compliance with
11 the publication requirements of this section.
12 2. For fiscal year 2001-2002 only, the provisions of
13 this subparagraph shall supersede the provisions of
14 subparagraph 1. During the time period provided for in this
15 subsection, the state land planning agency shall issue,
16 through a senior administrator or the secretary, as specified
17 in the agency's procedural rules, a notice of intent to find
18 that the plan or plan amendment is in compliance or not in
19 compliance. A notice of intent shall be issued by publication
20 in the manner provided by this paragraph and by mailing a copy
21 to the local government. The advertisement shall be placed in
22 that portion of the newspaper where legal notices appear. The
23 advertisement shall be published in a newspaper that meets the
24 size and circulation requirements set forth in paragraph
25 (15)(e) (15)(c) and that has been designated in writing by the
26 affected local government at the time of transmittal of the
27 amendment. Publication by the state land planning agency of a
28 notice of intent in the newspaper designated by the local
29 government shall be prima facie evidence of compliance with
30 the publication requirements of this section. The state land
31 planning agency shall post a copy of the notice of intent on
31
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 the agency's Internet site. The agency shall, no later than
2 the date the notice of intent is transmitted to the newspaper,
3 send by regular mail a courtesy informational statement to
4 persons who provide their names and addresses to the local
5 government at the transmittal hearing or at the adoption
6 hearing where the local government has provided the names and
7 addresses of such persons to the department at the time of
8 transmittal of the adopted amendment. The informational
9 statements shall include the name of the newspaper in which
10 the notice of intent will appear, the approximate date of
11 publication, the ordinance number of the plan or plan
12 amendment, and a statement that affected persons have 21 days
13 after the actual date of publication of the notice to file a
14 petition. This subparagraph expires July 1, 2002.
15 2. A local government that has an Internet site shall
16 post a copy of the state land planning agency's notice of
17 intent on the site within 5 days after receipt of the mailed
18 copy of the agency's notice of intent.
19 (15) PUBLIC HEARINGS.--
20 (a) The procedure for transmittal of a complete
21 proposed comprehensive plan or plan amendment pursuant to
22 subsection (3) and for adoption of a comprehensive plan or
23 plan amendment pursuant to subsection (7) shall be by
24 affirmative vote of not less than a majority of the members of
25 the governing body present at the hearing. The adoption of a
26 comprehensive plan or plan amendment shall be by ordinance.
27 For the purposes of transmitting or adopting a comprehensive
28 plan or plan amendment, the notice requirements in chapters
29 125 and 166 are superseded by this subsection, except as
30 provided in this part.
31 (b) The local governing body shall hold at least two
32
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 advertised public hearings on the proposed comprehensive plan
2 or plan amendment as follows:
3 1. The first public hearing shall be held at the
4 transmittal stage pursuant to subsection (3). It shall be
5 held on a weekday at least 7 days after the day that the first
6 advertisement is published.
7 2. The second public hearing shall be held at the
8 adoption stage pursuant to subsection (7). It shall be held
9 on a weekday at least 5 days after the day that the second
10 advertisement is published.
11 (c) The local government shall provide a sign-in form
12 at the transmittal hearing and at the adoption hearing for
13 persons to provide their names and mailing addresses. The
14 sign-in form must advise that any person providing the
15 requested information will receive a courtesy informational
16 statement concerning publications of the state land planning
17 agency's notice of intent. The local government shall add to
18 the sign-in form the name and address of any person who
19 submits written comments concerning the proposed plan or plan
20 amendment during the time period between the commencement of
21 the transmittal hearing and the end of the adoption hearing.
22 It is the responsibility of the person completing the form or
23 providing written comments to accurately, completely, and
24 legibly provide all information needed in order to receive the
25 courtesy informational statement.
26 (d) The agency shall provide a model sign-in form for
27 providing the list to the agency which may be used by the
28 local government to satisfy the requirements of this
29 subsection.
30 (e)(c) If the proposed comprehensive plan or plan
31 amendment changes the actual list of permitted, conditional,
33
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 or prohibited uses within a future land use category or
2 changes the actual future land use map designation of a parcel
3 or parcels of land, the required advertisements shall be in
4 the format prescribed by s. 125.66(4)(b)2. for a county or by
5 s. 166.041(3)(c)2.b. for a municipality.
6 (16) COMPLIANCE AGREEMENTS.--
7 (d) A local government may adopt a plan amendment
8 pursuant to a compliance agreement in accordance with the
9 requirements of paragraph (15)(a). The plan amendment shall be
10 exempt from the requirements of subsections (2)-(7). The
11 local government shall hold a single adoption public hearing
12 pursuant to the requirements of subparagraph (15)(b)2. and
13 paragraph (15)(e)(c). Within 10 working days after adoption of
14 a plan amendment, the local government shall transmit the
15 amendment to the state land planning agency as specified in
16 the agency's procedural rules, and shall submit one copy to
17 the regional planning agency and to any other unit of local
18 government or government agency in the state that has filed a
19 written request with the governing body for a copy of the plan
20 amendment, and one copy to any party to the proceeding under
21 ss. 120.569 and 120.57 granted intervenor status.
22 Section 8. Paragraph (c) is amended and paragraph (k)
23 is added to subsection (1) of section 163.3187, Florida
24 Statutes, to read:
25 163.3187 Amendment of adopted comprehensive plan.--
26 (1) Amendments to comprehensive plans adopted pursuant
27 to this part may be made not more than two times during any
28 calendar year, except:
29 (c) Any local government comprehensive plan amendments
30 directly related to proposed small scale development
31 activities may be approved without regard to statutory limits
34
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 on the frequency of consideration of amendments to the local
2 comprehensive plan. A small scale development amendment may be
3 adopted only under the following conditions:
4 1. The proposed amendment involves a use of 10 acres
5 or fewer and:
6 a. The cumulative annual effect of the acreage for all
7 small scale development amendments adopted by the local
8 government shall not exceed:
9 (I) A maximum of 120 acres in a local government that
10 contains areas specifically designated in the local
11 comprehensive plan for urban infill, urban redevelopment, or
12 downtown revitalization as defined in s. 163.3164, urban
13 infill and redevelopment areas designated under s. 163.2517,
14 transportation concurrency exception areas approved pursuant
15 to s. 163.3180(5), or regional activity centers and urban
16 central business districts approved pursuant to s.
17 380.06(2)(e); however, amendments under this paragraph may be
18 applied to no more than 60 acres annually of property outside
19 the designated areas listed in this sub-sub-subparagraph.
20 (II) A maximum of 80 acres in a local government that
21 does not contain any of the designated areas set forth in
22 sub-sub-subparagraph (I).
23 (III) A maximum of 120 acres in a county established
24 pursuant to s. 9, Art. VIII of the State Constitution.
25 b. The proposed amendment does not involve the same
26 property granted a change within the prior 12 months.
27 c. The proposed amendment does not involve the same
28 owner's property within 200 feet of property granted a change
29 within the prior 12 months.
30 d. The proposed amendment does not involve a text
31 change to the goals, policies, and objectives of the local
35
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 government's comprehensive plan, but only proposes a land use
2 change to the future land use map for a site-specific small
3 scale development activity.
4 e. The property that is the subject of the proposed
5 amendment is not located within an area of critical state
6 concern, unless the project subject to the proposed amendment
7 involves the construction of affordable housing units meeting
8 the criteria of s. 420.0004(3), and is located within an area
9 of critical state concern designated by s. 380.0552 or by the
10 Administration Commission pursuant to s. 380.05(1). Such
11 amendment is not subject to the density limitations of
12 sub-subparagraph f., and shall be reviewed by the state land
13 planning agency for consistency with the principles for
14 guiding development applicable to the area of critical state
15 concern where the amendment is located and shall not become
16 effective until a final order is issued under s. 380.05(6).
17 f. If the proposed amendment involves a residential
18 land use, the residential land use has a density of 10 units
19 or less per acre, except that this limitation does not apply
20 to small scale amendments described in sub-sub-subparagraph
21 a.(I) that are designated in the local comprehensive plan for
22 urban infill, urban redevelopment, or downtown revitalization
23 as defined in s. 163.3164, urban infill and redevelopment
24 areas designated under s. 163.2517, transportation concurrency
25 exception areas approved pursuant to s. 163.3180(5), or
26 regional activity centers and urban central business districts
27 approved pursuant to s. 380.06(2)(e).
28 2.a. A local government that proposes to consider a
29 plan amendment pursuant to this paragraph is not required to
30 comply with the procedures and public notice requirements of
31 s. 163.3184(15)(c) for such plan amendments if the local
36
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 government complies with the provisions in s. 125.66(4)(a) for
2 a county or in s. 166.041(3)(c) for a municipality. If a
3 request for a plan amendment under this paragraph is initiated
4 by other than the local government, public notice is required.
5 b. The local government shall send copies of the
6 notice and amendment to the state land planning agency, the
7 regional planning council, and any other person or entity
8 requesting a copy. This information shall also include a
9 statement identifying any property subject to the amendment
10 that is located within a coastal high hazard area as
11 identified in the local comprehensive plan.
12 3. Small scale development amendments adopted pursuant
13 to this paragraph require only one public hearing before the
14 governing board, which shall be an adoption hearing as
15 described in s. 163.3184(7), and are not subject to the
16 requirements of s. 163.3184(3)-(6) unless the local government
17 elects to have them subject to those requirements.
18 (k) A comprehensive plan amendment to adopt a public
19 educational facilities element pursuant to s. 163.31776 and
20 future land-use-map amendments for school siting may be
21 approved notwithstanding statutory limits on the frequency of
22 adopting plan amendments.
23 Section 9. Paragraph (k) of subsection (2) of section
24 163.3191, Florida Statutes, is amended and paragraphs (l) and
25 (m) are added to that subsection to read:
26 163.3191 Evaluation and appraisal of comprehensive
27 plan.--
28 (2) The report shall present an evaluation and
29 assessment of the comprehensive plan and shall contain
30 appropriate statements to update the comprehensive plan,
31 including, but not limited to, words, maps, illustrations, or
37
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 other media, related to:
2 (k) The coordination of the comprehensive plan with
3 existing public schools and those identified in the applicable
4 educational 5-year school district facilities plan work
5 program adopted pursuant to s. 235.185. The assessment shall
6 address, where relevant, the success or failure of the
7 coordination of the future land use map and associated planned
8 residential development with public schools and their
9 capacities, as well as the joint decisionmaking processes
10 engaged in by the local government and the school board in
11 regard to establishing appropriate population projections and
12 the planning and siting of public school facilities. If the
13 issues are not relevant, the local government shall
14 demonstrate that they are not relevant.
15 (l) The evaluation must consider the appropriate water
16 management district's regional water supply plan approved
17 pursuant to s. 373.0361. The potable water element must be
18 revised to include a work plan, covering at least a 10-year
19 planning period, for building any water supply facilities that
20 are identified in the element as necessary to serve existing
21 and new development and for which the local government is
22 responsible.
23 (m) If any of the jurisdiction of the local government
24 is located within the coastal high-hazard area, an evaluation
25 of whether any past reduction in land use density impairs the
26 property rights of current residents when redevelopment
27 occurs, including, but not limited to, redevelopment following
28 a natural disaster. The local government must identify
29 strategies to address redevelopment feasibility and the
30 property rights of affected residents. These strategies may
31 include the authorization of redevelopment up to the actual
38
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 built density in existence on the property prior to the
2 natural disaster or redevelopment.
3 Section 10. Section 163.3215, Florida Statutes, is
4 amended to read:
5 163.3215 Standing to enforce local comprehensive plans
6 through development orders.--
7 (1) Subsections (3) and (4) provide the exclusive
8 methods for an aggrieved or adversely affected party to appeal
9 and challenge the consistency of a development order with a
10 comprehensive plan adopted under this part. The local
11 government that issues the development order is to be named as
12 a respondent in all proceedings under this section. Subsection
13 (3) shall not apply to development orders for which a local
14 government has established a process consistent with the
15 requirements of subsection (4). A local government may decide
16 which types of development orders will proceed under
17 subsection (4). Subsection (3) shall apply to all other
18 development orders that are not subject to subsection (4).
19 (2) As used in this section, the term "aggrieved or
20 adversely affected party" means any person or local government
21 that will suffer an adverse effect to an interest protected or
22 furthered by the local government comprehensive plan,
23 including interests related to health and safety, police and
24 fire protection service systems, densities or intensities of
25 development, transportation facilities, health care
26 facilities, equipment or services, and environmental or
27 natural resources. The alleged adverse interest may be shared
28 in common with other members of the community at large but
29 must exceed in degree the general interest in community good
30 shared by all persons. The term includes the owner, developer,
31 or applicant for a development order.
39
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 (3)(1) Any aggrieved or adversely affected party may
2 maintain a de novo an action for declaratory, injunctive, or
3 other relief against any local government to challenge any
4 decision of such local government granting or denying an
5 application for, or to prevent such local government from
6 taking any action on, a development order, as defined in s.
7 163.3164, which materially alters the use or density or
8 intensity of use on a particular piece of property which that
9 is not consistent with the comprehensive plan adopted under
10 this part. The de novo action must be filed no later than 30
11 days following rendition of a development order or other
12 written decision, or when all local administrative appeals, if
13 any, are exhausted, whichever occurs later.
14 (2) "Aggrieved or adversely affected party" means any
15 person or local government which will suffer an adverse effect
16 to an interest protected or furthered by the local government
17 comprehensive plan, including interests related to health and
18 safety, police and fire protection service systems, densities
19 or intensities of development, transportation facilities,
20 health care facilities, equipment or services, or
21 environmental or natural resources. The alleged adverse
22 interest may be shared in common with other members of the
23 community at large, but shall exceed in degree the general
24 interest in community good shared by all persons.
25 (3)(a) No suit may be maintained under this section
26 challenging the approval or denial of a zoning, rezoning,
27 planned unit development, variance, special exception,
28 conditional use, or other development order granted prior to
29 October 1, 1985, or applied for prior to July 1, 1985.
30 (b) Suit under this section shall be the sole action
31 available to challenge the consistency of a development order
40
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 with a comprehensive plan adopted under this part.
2 (4) If a local government elects to adopt or has
3 adopted an ordinance establishing, at a minimum, the
4 requirements listed in this subsection, the sole method by
5 which an aggrieved and adversely affected party may challenge
6 any decision of local government granting or denying an
7 application for a development order, as defined in s.
8 163.3164, which materially alters the use or density or
9 intensity of use on a particular piece of property, on the
10 basis that it is not consistent with the comprehensive plan
11 adopted under this part, is by an appeal filed by a petition
12 for writ of certiorari filed in circuit court no later than 30
13 days following rendition of a development order or other
14 written decision of the local government, or when all local
15 administrative appeals, if any, are exhausted, whichever
16 occurs later. An action for injunctive or other relief may be
17 joined with the petition for certiorari. Principles of
18 judicial or administrative res judicata and collateral
19 estoppel apply to these proceedings. Minimum components of the
20 local process are as follows:
21 (a) The local process must make provision for notice
22 of an application for a development order that materially
23 alters the use or density or intensity of use on a particular
24 piece of property, including notice by publication or mailed
25 notice consistent with the provisions of s. 166.041(3)(c)2.b.
26 and c. and s. 125.66(4)(b)2. and 3., and must require
27 prominent posting at the job site. The notice must be given
28 within 10 days after the filing of an application for
29 development order; however, notice under this subsection is
30 not required for an application for a building permit or any
31 other official action of local government which does not
41
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 materially alter the use or density or intensity of use on a
2 particular piece of property. The notice must clearly
3 delineate that an aggrieved or adversely affected person has
4 the right to request a quasi-judicial hearing before the local
5 government for which the application is made, must explain the
6 conditions precedent to the appeal of any development order
7 ultimately rendered upon the application, and must specify the
8 location where written procedures can be obtained that
9 describe the process, including how to initiate the
10 quasi-judicial process, the timeframes for initiating the
11 process, and the location of the hearing. The process may
12 include an opportunity for an alternative dispute resolution.
13 (b) The local process must provide a clear point of
14 entry consisting of a written preliminary decision, at a time
15 and in a manner to be established in the local ordinance, with
16 the time to request a quasi-judicial hearing running from the
17 issuance of the written preliminary decision; the local
18 government, however, is not bound by the preliminary decision.
19 A party may request a hearing to challenge or support a
20 preliminary decision.
21 (c) The local process must provide an opportunity for
22 participation in the process by an aggrieved or adversely
23 affected party, allowing a reasonable time for the party to
24 prepare and present a case for the quasi-judicial hearing.
25 (d) The local process must provide, at a minimum, an
26 opportunity for the disclosure of witnesses and exhibits prior
27 to hearing and an opportunity for the depositions of witnesses
28 to be taken.
29 (e) The local process may not require that a party be
30 represented by an attorney in order to participate in a
31 hearing.
42
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 (f) The local process must provide for a
2 quasi-judicial hearing before an impartial special master who
3 is an attorney who has at least 5 years' experience and who
4 shall, at the conclusion of the hearing, recommend written
5 findings of fact and conclusions of law. The special master
6 shall have the power to swear witnesses and take their
7 testimony under oath, to issue subpoenas and other orders
8 regarding the conduct of the proceedings, and to compel entry
9 upon the land. The standard of review applied by the special
10 master in determining whether a proposed development order is
11 consistent with the comprehensive plan shall be strict
12 scrutiny in accordance with Florida law.
13 (g) At the quasi-judicial hearing, all parties must
14 have the opportunity to respond, to present evidence and
15 argument on all issues involved which are related to the
16 development order, and to conduct cross-examination and submit
17 rebuttal evidence. Public testimony must be allowed.
18 (h) The local process must provide for a duly noticed
19 public hearing before the local government at which public
20 testimony is allowed. At the quasi-judicial hearing, the local
21 government is bound by the special master's findings of fact
22 unless the findings of fact are not supported by competent
23 substantial evidence. The governing body may modify the
24 conclusions of law if it finds that the special master's
25 application or interpretation of law is erroneous. The
26 governing body may make reasonable legal interpretations of
27 its comprehensive plan and land development regulations
28 without regard to whether the special master's interpretation
29 is labeled as a finding of fact or a conclusion of law. The
30 local government's final decision must be reduced to writing,
31 including the findings of fact and conclusions of law, and is
43
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 not considered rendered or final until officially date-stamped
2 by the city or county clerk.
3 (i) An ex parte communication relating to the merits
4 of the matter under review may not be made to the special
5 master. An ex parte communication relating to the merits of
6 the matter under review may not be made to the governing body
7 after a time to be established by the local ordinance, which
8 time must be no later than receipt of the special master's
9 recommended order by the governing body.
10 (j) At the option of the local government, the process
11 may require actions to challenge the consistency of a
12 development order with land development regulations to be
13 brought in the same proceeding.
14 (4) As a condition precedent to the institution of an
15 action pursuant to this section, the complaining party shall
16 first file a verified complaint with the local government
17 whose actions are complained of setting forth the facts upon
18 which the complaint is based and the relief sought by the
19 complaining party. The verified complaint shall be filed no
20 later than 30 days after the alleged inconsistent action has
21 been taken. The local government receiving the complaint
22 shall respond within 30 days after receipt of the complaint.
23 Thereafter, the complaining party may institute the action
24 authorized in this section. However, the action shall be
25 instituted no later than 30 days after the expiration of the
26 30-day period which the local government has to take
27 appropriate action. Failure to comply with this subsection
28 shall not bar an action for a temporary restraining order to
29 prevent immediate and irreparable harm from the actions
30 complained of.
31 (5) Venue in any cases brought under this section
44
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 shall lie in the county or counties where the actions or
2 inactions giving rise to the cause of action are alleged to
3 have occurred.
4 (6) The signature of an attorney or party constitutes
5 a certificate that he or she has read the pleading, motion, or
6 other paper and that, to the best of his or her knowledge,
7 information, and belief formed after reasonable inquiry, it is
8 not interposed for any improper purpose, such as to harass or
9 to cause unnecessary delay or for economic advantage,
10 competitive reasons or frivolous purposes or needless increase
11 in the cost of litigation. If a pleading, motion, or other
12 paper is signed in violation of these requirements, the court,
13 upon motion or its own initiative, shall impose upon the
14 person who signed it, a represented party, or both, an
15 appropriate sanction, which may include an order to pay to the
16 other party or parties the amount of reasonable expenses
17 incurred because of the filing of the pleading, motion, or
18 other paper, including a reasonable attorney's fee.
19 (7) In any proceeding action under subsection (3) or
20 subsection (4) this section, no settlement shall be entered
21 into by the local government unless the terms of the
22 settlement have been the subject of a public hearing after
23 notice as required by this part.
24 (8) In any proceeding suit under subsection (3) or
25 subsection (4) this section, the Department of Legal Affairs
26 may intervene to represent the interests of the state.
27 (9) Neither subsection (3) nor subsection (4) relieves
28 the local government of its obligations to hold public
29 hearings as required by law.
30 Section 11. Section 163.3246, Florida Statutes, is
31 created to read:
45
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 163.3246 Local government comprehensive planning
2 certification program.--
3 (1) There is created the Local Government
4 Comprehensive Planning Certification Program to be
5 administered by the Department of Community Affairs. The
6 purpose of the program is to create a certification process
7 for local governments who identify a geographic area for
8 certification within which they commit to directing growth and
9 who, because of a demonstrated record of effectively adopting,
10 implementing, and enforcing its comprehensive plan, the level
11 of technical planning experience exhibited by the local
12 government, and a commitment to implement exemplary planning
13 practices, require less state and regional oversight of the
14 comprehensive plan amendment process. The purpose of the
15 certification area is to designate areas that are contiguous,
16 compact, and appropriate for urban growth and development
17 within a 10-year planning timeframe. Municipalities and
18 counties are encouraged to jointly establish the certification
19 area, and subsequently enter into joint certification
20 agreement with the department.
21 (2) In order to be eligible for certification under
22 the program, the local government must:
23 (a) Demonstrate a record of effectively adopting,
24 implementing, and enforcing its comprehensive plan;
25 (b) Demonstrate technical, financial, and
26 administrative expertise to implement the provisions of this
27 part without state oversight;
28 (c) Obtain comments from the state and regional review
29 agencies regarding the appropriateness of the proposed
30 certification;
31 (d) Hold at least one public hearing soliciting public
46
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 input concerning the local government's proposal for
2 certification; and
3 (e) Demonstrate that it has adopted programs in its
4 local comprehensive plan and land development regulations
5 which:
6 1. Promote infill development and redevelopment,
7 including prioritized and timely permitting processes in which
8 applications for local development permits within the
9 certification area are acted upon expeditiously for proposed
10 development that is consistent with the local comprehensive
11 plan.
12 2. Promote the development of housing for low-income
13 and very-low-income households or specialized housing to
14 assist elderly and disabled persons to remain at home or in
15 independent living arrangements.
16 3. Achieve effective intergovernmental coordination
17 and address the extrajurisdictional effects of development
18 within the certified area.
19 4. Promote economic diversity and growth while
20 encouraging the retention of rural character, where rural
21 areas exist, and the protection and restoration of the
22 environment.
23 5. Provide and maintain public urban and rural open
24 space and recreational opportunities.
25 6. Manage transportation and land uses to support
26 public transit and promote opportunities for pedestrian and
27 nonmotorized transportation.
28 7. Use design principles to foster individual
29 community identity, create a sense of place, and promote
30 pedestrian-oriented safe neighborhoods and town centers.
31 8. Redevelop blighted areas.
47
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 9. Adopt a local mitigation strategy and have programs
2 to improve disaster preparedness and the ability to protect
3 lives and property, especially in coastal high-hazard areas.
4 10. Encourage clustered, mixed-use development that
5 incorporates greenspace and residential development within
6 walking distance of commercial development.
7 11. Encourage urban infill at appropriate densities
8 and intensities and separate urban and rural uses and
9 discourage urban sprawl while preserving public open space and
10 planning for buffer-type land uses and rural development
11 consistent with their respective character along and outside
12 the certification area.
13 12. Assure protection of key natural areas and
14 agricultural lands that are identified using state and local
15 inventories of natural areas. Key natural areas include, but
16 are not limited to:
17 a. Wildlife corridors.
18 b. Lands with high native biological diversity,
19 important areas for threatened and endangered species, species
20 of special concern, migratory bird habitat, and intact natural
21 communities.
22 c. Significant surface waters and springs, aquatic
23 preserves, wetlands, and outstanding Florida waters.
24 d. Water resources suitable for preservation of
25 natural systems and for water resource development.
26 e. Representative and rare native Florida natural
27 systems.
28 13. Ensure the cost-efficient provision of public
29 infrastructure and services.
30 (3) Portions of local governments located within areas
31 of critical state concern cannot be included in a
48
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 certification area.
2 (4) A local government or group of local governments
3 seeking certification of all or part of a jurisdiction or
4 jurisdictions must submit an application to the department
5 which demonstrates that the area sought to be certified meets
6 the criteria of subsections (2) and (5). The application shall
7 include copies of the applicable local government
8 comprehensive plan, land development regulations, interlocal
9 agreements, and other relevant information supporting the
10 eligibility criteria for designation. Upon receipt of a
11 complete application, the department must provide the local
12 government with an initial response to the application within
13 90 days after receipt of the application.
14 (5) If the local government meets the eligibility
15 criteria of subsection (2), the department shall certify all
16 or part of a local government by written agreement, which
17 shall be considered final agency action subject to challenge
18 under s. 120.569. The agreement must include the following
19 components:
20 (a) The basis for certification.
21 (b) The boundary of the certification area, which
22 encompasses areas that are contiguous, compact, appropriate
23 for urban growth and development, and in which public
24 infrastructure is existing or planned within a 10-year
25 planning timeframe. The certification area is required to
26 include sufficient land to accommodate projected population
27 growth, housing demand, including choice in housing types and
28 affordability, job growth and employment, appropriate
29 densities and intensities of use to be achieved in new
30 development and redevelopment, existing or planned
31 infrastructure, including transportation and central water and
49
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 sewer facilities. The certification area must be adopted as
2 part of the local government's comprehensive plan.
3 (c) A demonstration that the capital-improvements plan
4 governing the certified area is updated annually.
5 (d) A visioning plan or a schedule for the development
6 of a visioning plan.
7 (e) A description of baseline conditions related to
8 the evaluation criteria in paragraph (g) in the certified
9 area.
10 (f) A work program setting forth specific planning
11 strategies and projects that will be undertaken to achieve
12 improvement in the baseline conditions as measured by the
13 criteria identified in paragraph (g).
14 (g) Criteria to evaluate the effectiveness of the
15 certification process in achieving the community-development
16 goals for the certification area including:
17 1. Measuring the compactness of growth, expressed as
18 the ratio between population growth and land consumed;
19 2. Increasing residential density and intensities of
20 use;
21 3. Measuring and reducing vehicle miles traveled and
22 increasing the interconnectedness of the street system,
23 pedestrian access, and mass transit;
24 4. Measuring the balance between the location of jobs
25 and housing;
26 5. Improving the housing mix within the certification
27 area, including the provision of mixed-use neighborhoods,
28 affordable housing, and the creation of an affordable housing
29 program if such a program is not already in place;
30 6. Promoting mixed-use developments as an alternative
31 to single-purpose centers;
50
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 7. Promoting clustered development having dedicated
2 open space;
3 8. Linking commercial, educational, and recreational
4 uses directly to residential growth;
5 9. Reducing per capita water and energy consumption;
6 10. Prioritizing environmental features to be
7 protected and adopting measures or programs to protect
8 identified features;
9 11. Reducing hurricane shelter deficits and evacuation
10 times and implementing the adopted mitigation strategies; and
11 12. Improving coordination between the local
12 government and school board.
13 (h) A commitment to change any land development
14 regulations that restrict compact development and adopt
15 alternative design codes that encourage desirable densities
16 and intensities of use and patterns of compact development
17 identified in the agreement.
18 (i) A plan for increasing public participation in
19 comprehensive planning and land use decision making which
20 includes outreach to neighborhood and civic associations
21 through community planning initiatives.
22 (j) A demonstration that the intergovernmental
23 coordination element of the local government's comprehensive
24 plan includes joint processes for coordination between the
25 school board and local government pursuant to s.
26 163.3177(6)(h)2. and other requirements of law.
27 (k) A method of addressing the extrajurisdictional
28 effects of development within the certified area which is
29 integrated by amendment into the intergovernmental
30 coordination element of the local government comprehensive
31 plan.
51
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 (l) A requirement for the annual reporting to the
2 department of plan amendments adopted during the year, and the
3 progress of the local government in meeting the terms and
4 conditions of the certification agreement. Prior to the
5 deadline for the annual report, the local government must hold
6 a public hearing soliciting public input on the progress of
7 the local government in satisfying the terms of the
8 certification agreement.
9 (m) An expiration date that is no later than 10 years
10 after execution of the agreement.
11 (6) The department may enter up to eight new
12 certification agreements each fiscal year. The department
13 shall adopt procedural rules governing the application and
14 review of local government requests for certification. Such
15 procedural rules may establish a phased schedule for review of
16 local government requests for certification.
17 (7) The department shall revoke the local government's
18 certification if it determines that the local government is
19 not substantially complying with the terms of the agreement.
20 (8) An affected person, as defined by s.
21 163.3184(1)(a), may petition for administrative hearing
22 alleging that a local government is not substantially
23 complying with the terms of the agreement, using the
24 procedures and timeframes for notice and conditions precedent
25 described in s. 163.3213. Such a petition must be filed within
26 30 days after the annual public hearing required by paragraph
27 (5)(l).
28 (9)(a) Upon certification all comprehensive plan
29 amendments associated with the area certified must be adopted
30 and reviewed in the manner described in ss. 163.3184(1), (2),
31 (7), (14), (15), and (16) and 163.3187, such that state and
52
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 regional agency review is eliminated. The department may not
2 issue any objections, recommendations, and comments report on
3 proposed plan amendments or a notice of intent on adopted plan
4 amendments; however, affected persons, as defined by s.
5 163.3184(1)(a), may file a petition for administrative review
6 pursuant to the requirements of s. 163.3187(3)(a) to challenge
7 the compliance of an adopted plan amendment.
8 (b) Plan amendments that change the boundaries of the
9 certification area; propose a rural land stewardship area
10 pursuant to s. 163.3177(11)(d); propose an optional sector
11 plan pursuant to s. 163.3245; propose a school facilities
12 element; update a comprehensive plan based on an evaluation
13 and appraisal report; impact lands outside the certification
14 boundary; implement new statutory requirements that require
15 specific comprehensive plan amendments; or increase hurricane
16 evacuation times or the need for shelter capacity on lands
17 within the coastal high hazard area shall be reviewed pursuant
18 to ss. 163.3184 and 163.3187.
19 (10) A local government's certification shall be
20 reviewed by the local government and the department as part of
21 the evaluation and appraisal process pursuant to s. 163.3191.
22 Within 1 year after the deadline for the local government to
23 update its comprehensive plan based on the evaluation and
24 appraisal report, the department shall renew or revoke the
25 certification. The local government's failure to adopt a
26 timely evaluation and appraisal report, failure to adopt an
27 evaluation and appraisal report found to be sufficient, or
28 failure to timely adopt amendments based on an evaluation and
29 appraisal report found to be in compliance by the department
30 shall be cause for revoking the certification agreement. The
31 department's decision to renew or revoke shall be considered
53
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 agency action subject to challenge under s. 120.569.
2 (11) The department shall, by July 1 of each
3 odd-numbered year, submit to the Governor, the President of
4 the Senate, and the Speaker of the House of Representatives a
5 report listing certified local governments, evaluating the
6 effectiveness of the certification, and including any
7 recommendations for legislative actions.
8 (12) The Office of Program Policy Analysis and
9 Government Accountability shall prepare a report evaluating
10 the certification program, which shall be submitted to the
11 Governor, the President of the Senate, and the Speaker of the
12 House of Representatives by December 1, 2007.
13 Section 12. Paragraph (c) of subsection (2) and
14 subsection (3) of section 186.504, Florida Statutes, are
15 amended to read:
16 186.504 Regional planning councils; creation;
17 membership.--
18 (2) Membership on the regional planning council shall
19 be as follows:
20 (c) Representatives appointed by the Governor from the
21 geographic area covered by the regional planning council,
22 including an elected school board member from the geographic
23 area covered by the regional planning council, to be nominated
24 by the Florida School Board Association.
25 (3) Not less than two-thirds of the representatives
26 serving as voting members on the governing bodies of such
27 regional planning councils shall be elected officials of local
28 general-purpose governments chosen by the cities and counties
29 of the region, provided each county shall have at least one
30 vote. The remaining one-third of the voting members on the
31 governing board shall be appointed by the Governor, to include
54
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 one elected school board member, subject to confirmation by
2 the Senate, and shall reside in the region. No two appointees
3 of the Governor shall have their places of residence in the
4 same county until each county within the region is represented
5 by a Governor's appointee to the governing board. Nothing
6 contained in this section shall deny to local governing bodies
7 or the Governor the option of appointing either locally
8 elected officials or lay citizens provided at least two-thirds
9 of the governing body of the regional planning council is
10 composed of locally elected officials.
11 Section 13. Paragraphs (a) and (d) of subsection (2)
12 and subsection (6) of section 212.055, Florida Statutes, are
13 amended to read:
14 212.055 Discretionary sales surtaxes; legislative
15 intent; authorization and use of proceeds.--It is the
16 legislative intent that any authorization for imposition of a
17 discretionary sales surtax shall be published in the Florida
18 Statutes as a subsection of this section, irrespective of the
19 duration of the levy. Each enactment shall specify the types
20 of counties authorized to levy; the rate or rates which may be
21 imposed; the maximum length of time the surtax may be imposed,
22 if any; the procedure which must be followed to secure voter
23 approval, if required; the purpose for which the proceeds may
24 be expended; and such other requirements as the Legislature
25 may provide. Taxable transactions and administrative
26 procedures shall be as provided in s. 212.054.
27 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
28 (a)1. The governing authority in each county may levy
29 a discretionary sales surtax of 0.5 percent or 1 percent. The
30 levy of the surtax shall be pursuant to ordinance enacted by a
31 two-thirds vote majority of the members of the county
55
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 governing authority or pursuant to ordinance enacted by a
2 majority of the members of the county governing authority and
3 approved by a majority of the electors of the county voting in
4 a referendum on the surtax. If the governing bodies of the
5 municipalities representing a majority of the county's
6 population adopt uniform resolutions establishing the rate of
7 the surtax and calling for a referendum on the surtax, the
8 levy of the surtax shall be placed on the ballot and shall
9 take effect if approved by a majority of the electors of the
10 county voting in the referendum on the surtax.
11 2. If the surtax was levied pursuant to a referendum
12 held before July 1, 1993, the surtax may not be levied beyond
13 the time established in the ordinance, or, if the ordinance
14 did not limit the period of the levy, the surtax may not be
15 levied for more than 15 years. The levy of such surtax may be
16 extended only by approval of a majority of the electors of the
17 county voting in a referendum on the surtax or pursuant to
18 ordinance enacted by a two-thirds vote of the members of the
19 county governing authority.
20 (d)1. The proceeds of the surtax authorized by this
21 subsection and approved by referendum and any interest accrued
22 thereto shall be expended by the school district or within the
23 county and municipalities within the county, or, in the case
24 of a negotiated joint county agreement, within another county,
25 to finance, plan, and construct infrastructure and to acquire
26 land for public recreation or conservation or protection of
27 natural resources and to finance the closure of county-owned
28 or municipally owned solid waste landfills that are already
29 closed or are required to close by order of the Department of
30 Environmental Protection. Any use of such proceeds or interest
31 for purposes of landfill closure prior to July 1, 1993, is
56
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 ratified. Neither the proceeds nor any interest accrued
2 thereto shall be used for operational expenses of any
3 infrastructure, except that any county with a population of
4 less than 75,000 that is required to close a landfill by order
5 of the Department of Environmental Protection may use the
6 proceeds or any interest accrued thereto for long-term
7 maintenance costs associated with landfill closure. Counties,
8 as defined in s. 125.011(1), and charter counties may, in
9 addition, use the proceeds and any interest accrued thereto to
10 retire or service indebtedness incurred for bonds issued prior
11 to July 1, 1987, for infrastructure purposes, and for bonds
12 subsequently issued to refund such bonds. Any use of such
13 proceeds or interest for purposes of retiring or servicing
14 indebtedness incurred for such refunding bonds prior to July
15 1, 1999, is ratified.
16 2. The proceeds of the surtax where the surtax is
17 levied by a two-thirds vote of the governing body of the
18 county and any interest accrued thereto shall be expended by
19 the school district or within the county and municipalities
20 within the county for infrastructure located within the urban
21 service area that is identified in the local government
22 comprehensive plan of the county or municipality and is
23 identified in that local government's capital improvements
24 element adopted pursuant to s. 163.3177(3) or that is
25 identified in the school district's educational facilities
26 plan adopted pursuant to s. 235.185.
27 3.2. For the purposes of this paragraph,
28 "infrastructure" means:
29 a. Any fixed capital expenditure or fixed capital
30 outlay associated with the construction, reconstruction, or
31 improvement of public facilities which have a life expectancy
57
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 of 5 or more years and any land acquisition, land improvement,
2 design, and engineering costs related thereto.
3 b. A fire department vehicle, an emergency medical
4 service vehicle, a sheriff's office vehicle, a police
5 department vehicle, or any other vehicle, and such equipment
6 necessary to outfit the vehicle for its official use or
7 equipment that has a life expectancy of at least 5 years.
8 4.3. Notwithstanding any other provision of this
9 subsection, a discretionary sales surtax imposed or extended
10 after the effective date of this act may provide for an amount
11 not to exceed 15 percent of the local option sales surtax
12 proceeds to be allocated for deposit to a trust fund within
13 the county's accounts created for the purpose of funding
14 economic development projects of a general public purpose
15 targeted to improve local economies, including the funding of
16 operational costs and incentives related to such economic
17 development. If applicable, the ballot statement must indicate
18 the intention to make an allocation under the authority of
19 this subparagraph.
20 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
21 (a) The school board in each county may levy, pursuant
22 to resolution conditioned to take effect only upon approval by
23 a majority vote of the electors of the county voting in a
24 referendum, a discretionary sales surtax at a rate that may
25 not exceed 0.5 percent.
26 (b) The resolution shall include a statement that
27 provides a brief and general description of the school capital
28 outlay projects to be funded by the surtax. If applicable, the
29 resolution must state that the district school board has been
30 recognized by the State Board of Education as having a Florida
31 Frugal Schools Program. The statement shall conform to the
58
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 requirements of s. 101.161 and shall be placed on the ballot
2 by the governing body of the county. The following question
3 shall be placed on the ballot:
4
5 ....FOR THE ....CENTS TAX
6 ....AGAINST THE ....CENTS TAX
7
8 (c) As an alternative method of levying the
9 discretionary sales surtax, the district school board may
10 levy, pursuant to resolution adopted by a two-thirds vote of
11 the members of the school board, a discretionary sales surtax
12 at a rate not to exceed 0.5 percent when the following
13 conditions are met:
14 1. The district school board and local governments in
15 the county where the school district is located have adopted
16 the interlocal agreement and public educational facilities
17 element required by s. 163.31776;
18 2. The district school board has adopted a district
19 educational facilities plan pursuant to s. 235.185; and
20 3. The district's use of surtax proceeds for new
21 construction must not exceed the cost-per-student criteria
22 established for the SIT Program in s. 235.216(2).
23 (d)(c) The resolution providing for the imposition of
24 the surtax shall set forth a plan for use of the surtax
25 proceeds for fixed capital expenditures or fixed capital costs
26 associated with the construction, reconstruction, or
27 improvement of school facilities and campuses which have a
28 useful life expectancy of 5 or more years, and any land
29 acquisition, land improvement, design, and engineering costs
30 related thereto. Additionally, the plan shall include the
31 costs of retrofitting and providing for technology
59
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 implementation, including hardware and software, for the
2 various sites within the school district. Surtax revenues may
3 be used for the purpose of servicing bond indebtedness to
4 finance projects authorized by this subsection, and any
5 interest accrued thereto may be held in trust to finance such
6 projects. Neither the proceeds of the surtax nor any interest
7 accrued thereto shall be used for operational expenses. If the
8 district school board has been recognized by the State Board
9 of Education as having a Florida Frugal Schools Program, the
10 district's plan for use of the surtax proceeds must be
11 consistent with this subsection and with uses assured under
12 the Florida Frugal Schools Program.
13 (e)(d) Any school board imposing the surtax shall
14 implement a freeze on noncapital local school property taxes,
15 at the millage rate imposed in the year prior to the
16 implementation of the surtax, for a period of at least 3 years
17 from the date of imposition of the surtax. This provision
18 shall not apply to existing debt service or required state
19 taxes.
20 (f)(e) Surtax revenues collected by the Department of
21 Revenue pursuant to this subsection shall be distributed to
22 the school board imposing the surtax in accordance with law.
23 Section 14. Section 235.002, Florida Statutes, is
24 amended to read:
25 235.002 Intent.--
26 (1) The intent of the Legislature is to:
27 (a) To provide each student in the public education
28 system the availability of an educational environment
29 appropriate to his or her educational needs which is
30 substantially equal to that available to any similar student,
31 notwithstanding geographic differences and varying local
60
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 economic factors, and to provide facilities for the Florida
2 School for the Deaf and the Blind and other educational
3 institutions and agencies as may be defined by law.
4 (a)(b) To Encourage the use of innovative designs,
5 construction techniques, and financing mechanisms in building
6 educational facilities for the purposes purpose of reducing
7 costs to the taxpayer, creating a more satisfactory
8 educational environment, and reducing the amount of time
9 necessary for design and construction to fill unmet needs, and
10 permitting the on-site and off-site improvements required by
11 law.
12 (b)(c) To Provide a systematic mechanism whereby
13 educational facilities construction plans can meet the current
14 and projected needs of the public education system population
15 as quickly as possible by building uniform, sound educational
16 environments and to provide a sound base for planning for
17 educational facilities needs.
18 (c)(d) To Provide proper legislative support for as
19 wide a range of fiscally sound financing methodologies as
20 possible for the delivery of educational facilities and, where
21 appropriate, for their construction, operation, and
22 maintenance.
23 (d) Establish a systematic process of sharing
24 information between school boards and local governments on the
25 growth and development trends in their communities in order to
26 forecast future enrollment and school needs.
27 (e) Establish a systematic process by which school
28 boards and local governments can cooperatively plan for the
29 provision of educational facilities to meet the current and
30 projected needs of the public education system, including the
31 needs placed on the public education system as a result of
61
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 growth and development decisions by local governments.
2 (f) Establish a systematic process by which local
3 governments and school boards can cooperatively identify and
4 meet the infrastructure needs of public schools.
5 (2) The Legislature finds and declares that:
6 (a) Public schools are a linchpin to the vitality of
7 our communities and play a significant role in the thousands
8 of individual housing decisions that result in community
9 growth trends.
10 (b)(a) Growth and development issues transcend the
11 boundaries and responsibilities of individual units of
12 government, and often no single unit of government can plan or
13 implement policies to deal with these issues without affecting
14 other units of government.
15 (c)(b) The effective and efficient provision of public
16 educational facilities and services enhances is essential to
17 preserving and enhancing the quality of life of the people of
18 this state.
19 (d)(c) The provision of educational facilities often
20 impacts community infrastructure and services. Assuring
21 coordinated and cooperative provision of such facilities and
22 associated infrastructure and services is in the best interest
23 of the state.
24 Section 15. Notwithstanding subsection (7) of section
25 3 of chapter 2000-321, Laws of Florida, section 235.15,
26 Florida Statutes, shall not stand repealed on January 7, 2003,
27 as scheduled by that act, but that section is reenacted and
28 amended to read:
29 235.15 Educational plant survey; localized need
30 assessment; PECO project funding.--
31 (1) At least every 5 years, each board, including the
62
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 Board of Regents, shall arrange for an educational plant
2 survey, to aid in formulating plans for housing the
3 educational program and student population, faculty,
4 administrators, staff, and auxiliary and ancillary services of
5 the district or campus, including consideration of the local
6 comprehensive plan. The Office Division of Workforce and
7 Economic Development shall document the need for additional
8 career and adult education programs and the continuation of
9 existing programs before facility construction or renovation
10 related to career or adult education may be included in the
11 educational plant survey of a school district or community
12 college that delivers career or adult education programs.
13 Information used by the Office Division of Workforce and
14 Economic Development to establish facility needs must include,
15 but need not be limited to, labor market data, needs analysis,
16 and information submitted by the school district or community
17 college.
18 (a) Survey preparation and required data.--Each survey
19 shall be conducted by the board or an agency employed by the
20 board. Surveys shall be reviewed and approved by the board,
21 and a file copy shall be submitted to the Office of
22 Educational Facilities and SMART Schools Clearinghouse within
23 the Office of the Commissioner of Education. The survey report
24 shall include at least an inventory of existing educational
25 and ancillary plants, including safe access facilities;
26 recommendations for existing educational and ancillary plants;
27 recommendations for new educational or ancillary plants,
28 including the general location of each in coordination with
29 the land use plan and safe access facilities; campus master
30 plan update and detail for community colleges; the utilization
31 of school plants based on an extended school day or year-round
63
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 operation; and such other information as may be required by
2 the rules of the Florida State Board of Education. This report
3 may be amended, if conditions warrant, at the request of the
4 board or commissioner.
5 (b) Required need assessment criteria for district,
6 community college, college and state university plant
7 surveys.--Each Educational plant surveys survey completed
8 after December 31, 1997, must use uniform data sources and
9 criteria specified in this paragraph. Each educational plant
10 survey completed after June 30, 1995, and before January 1,
11 1998, must be revised, if necessary, to comply with this
12 paragraph. Each revised educational plant survey and each new
13 educational plant survey supersedes previous surveys.
14 1. The school district's survey must be submitted as a
15 part of the district educational facilities plan defined in s.
16 235.185. Each school district's educational plant survey must
17 reflect the capacity of existing satisfactory facilities as
18 reported in the Florida Inventory of School Houses.
19 Projections of facility space needs may not exceed the norm
20 space and occupant design criteria established by the State
21 Requirements for Educational Facilities. Existing and
22 projected capital outlay full-time equivalent student
23 enrollment must be consistent with data prepared by the
24 department and must include all enrollment used in the
25 calculation of the distribution formula in s. 235.435(3). All
26 satisfactory relocatable classrooms, including those owned,
27 lease-purchased, or leased by the school district, shall be
28 included in the school district inventory of gross capacity of
29 facilities and must be counted at actual student capacity for
30 purposes of the inventory. For future needs determination,
31 student capacity shall not be assigned to any relocatable
64
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 classroom that is scheduled for elimination or replacement
2 with a permanent educational facility in the adopted 5-year
3 educational plant survey and in the district facilities work
4 program adopted under s. 235.185. Those relocatables clearly
5 identified and scheduled for replacement in a school board
6 adopted financially feasible 5-year district facilities work
7 program shall be counted at zero capacity at the time the work
8 program is adopted and approved by the school board. However,
9 if the district facilities work program is changed or altered
10 and the relocatables are not replaced as scheduled in the work
11 program, they must then be reentered into the system for
12 counting at actual capacity. Relocatables may not be
13 perpetually added to the work program and continually extended
14 for purposes of circumventing the intent of this section. All
15 remaining relocatable classrooms, including those owned,
16 lease-purchased, or leased by the school district, shall be
17 counted at actual student capacity. The educational plant
18 survey shall identify the number of relocatable student
19 stations scheduled for replacement during the 5-year survey
20 period and the total dollar amount needed for that
21 replacement. All district educational plant surveys revised
22 after July 1, 1998, shall include information on leased space
23 used for conducting the district's instructional program, in
24 accordance with the recommendations of the department's report
25 authorized in s. 235.056. A definition of satisfactory
26 relocatable classrooms shall be established by rule of the
27 department.
28 2. Each survey of a special facility, joint-use
29 facility, or cooperative vocational education facility must be
30 based on capital outlay full-time equivalent student
31 enrollment data prepared by the department for school
65
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 districts, community colleges, colleges and universities by
2 the Division of Community Colleges for community colleges, and
3 by the Board of Regents for state universities. A survey of
4 space needs of a joint-use facility shall be based upon the
5 respective space needs of the school districts, community
6 colleges, colleges and universities, as appropriate.
7 Projections of a school district's facility space needs may
8 not exceed the norm space and occupant design criteria
9 established by the State Requirements for Educational
10 Facilities.
11 3. Each community college's survey must reflect the
12 capacity of existing facilities as specified in the inventory
13 maintained by the Division of Community Colleges. Projections
14 of facility space needs must comply with standards for
15 determining space needs as specified by rule of the Florida
16 State Board of Education. The 5-year projection of capital
17 outlay student enrollment must be consistent with the annual
18 report of capital outlay full-time student enrollment prepared
19 by the Division of Community Colleges.
20 4. Each college and state university's survey must
21 reflect the capacity of existing facilities as specified in
22 the inventory maintained and validated by the Division of
23 Colleges and Universities Board of Regents. Projections of
24 facility space needs must be consistent with standards for
25 determining space needs approved by the Division of Colleges
26 and Universities Board of Regents. The projected capital
27 outlay full-time equivalent student enrollment must be
28 consistent with the 5-year planned enrollment cycle for the
29 State University System approved by the Division of Colleges
30 and Universities Board of Regents.
31 5. The district educational facilities plan
66
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 educational plant survey of a school district and the
2 educational plant survey of a, community college, or college
3 or state university may include space needs that deviate from
4 approved standards for determining space needs if the
5 deviation is justified by the district or institution and
6 approved by the department or the Board of Regents, as
7 appropriate, as necessary for the delivery of an approved
8 educational program.
9 (c) Review and validation.--The Office of Educational
10 Facilities and SMART Schools Clearinghouse department shall
11 review and validate the surveys of school districts, and
12 community colleges, and colleges and universities, and any
13 amendments thereto for compliance with the requirements of
14 this chapter and, when required by the State Constitution,
15 shall recommend those in compliance for approval by the
16 Florida State Board of Education.
17 (2) Only the superintendent, or the college president,
18 or the university president shall certify to the Office of
19 Educational Facilities and SMART Schools Clearinghouse
20 department a project's compliance with the requirements for
21 expenditure of PECO funds prior to release of funds.
22 (a) Upon request for release of PECO funds for
23 planning purposes, certification must be made to the Office of
24 Educational Facilities and SMART Schools Clearinghouse
25 department that the need for and location of the facility are
26 in compliance with the board-approved survey recommendations,
27 and that the project meets the definition of a PECO project
28 and the limiting criteria for expenditures of PECO funding,
29 and that the plan is consistent with the local government
30 comprehensive plan.
31 (b) Upon request for release of construction funds,
67
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 certification must be made to the Office of Educational
2 Facilities and SMART Schools Clearinghouse department that the
3 need and location of the facility are in compliance with the
4 board-approved survey recommendations, that the project meets
5 the definition of a PECO project and the limiting criteria for
6 expenditures of PECO funding, and that the construction
7 documents meet the requirements of the Florida State Uniform
8 Building Code for Educational Facilities Construction or other
9 applicable codes as authorized in this chapter.
10 Section 16. Subsection (3) of section 235.175, Florida
11 Statutes, is amended to read:
12 235.175 SMART schools; Classrooms First; legislative
13 purpose.--
14 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK
15 PROGRAMS.--It is the purpose of the Legislature to create s.
16 235.185, requiring each school district annually to adopt an
17 educational facilities plan that provides an integrated
18 long-range facilities plan, including the survey of projected
19 needs and the a district facilities 5-year work program. The
20 purpose of the educational facilities plan district facilities
21 work program is to keep the school board, local governments,
22 and the public fully informed as to whether the district is
23 using sound policies and practices that meet the essential
24 needs of students and that warrant public confidence in
25 district operations. The educational facilities plan district
26 facilities work program will be monitored by the Office of
27 Educational Facilities and SMART Schools Clearinghouse, which
28 will also apply performance standards pursuant to s. 235.218.
29 Section 17. Section 235.18, Florida Statutes, is
30 amended to read:
31 235.18 Annual capital outlay budget.--Each board,
68
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 including the Board of Regents, shall, each year, adopt a
2 capital outlay budget for the ensuing year in order that the
3 capital outlay needs of the board for the entire year may be
4 well understood by the public. This capital outlay budget
5 shall be a part of the annual budget and shall be based upon
6 and in harmony with the board's capital outlay plan
7 educational plant and ancillary facilities plan. This budget
8 shall designate the proposed capital outlay expenditures by
9 project for the year from all fund sources. The board may not
10 expend any funds on any project not included in the budget, as
11 amended. Each district school board must prepare its tentative
12 district education facilities plan facilities work program as
13 required by s. 235.185 before adopting the capital outlay
14 budget.
15 Section 18. 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 paragraph (2)(b) as part of the district educational
69
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 facilities plan, which is required in order to:
2 1. To Properly maintain the educational plant and
3 ancillary facilities of the district.
4 2. To Provide an adequate number of satisfactory
5 student stations for the projected student enrollment of the
6 district in K-12 programs in accordance with the goal in s.
7 235.062.
8 (c) "Tentative educational facilities plan" means the
9 comprehensive planning document prepared annually by the
10 district school board and submitted to the Office of
11 Educational Facilities and SMART Schools Clearinghouse and the
12 affected general-purpose local governments.
13 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
14 FACILITIES PLAN WORK PROGRAM.--
15 (a) Annually, prior to the adoption of the district
16 school budget, each school board shall prepare a tentative
17 district educational facilities plan that includes long-range
18 planning for facilities needs over 5-year, 10-year, and
19 20-year periods. The plan must be developed in coordination
20 with the general-purpose local governments and be consistent
21 with the local government comprehensive plans. The school
22 board's plan for provision of new schools must meet the needs
23 of all growing communities in the district, ranging from small
24 rural communities to large urban cities. The plan must include
25 work program that includes:
26 1. Projected student populations apportioned
27 geographically at the local level. The projections must be
28 based on information produced by the demographic, revenue, and
29 education estimating conferences pursuant to s. 216.136, where
30 available, as modified by the district based on development
31 data and agreement with the local governments and the Office
70
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 of Educational Facilities and SMART Schools Clearinghouse. The
2 projections must be apportioned geographically with assistance
3 from the local governments using local development trend data
4 and the school district student enrollment data.
5 2. An inventory of existing school facilities. Any
6 anticipated expansions or closures of existing school sites
7 over the 5-year, 10-year, and 20-year periods must be
8 identified. The inventory must include an assessment of areas
9 proximate to existing schools and identification of the need
10 for improvements to infrastructure, safety, including safe
11 access routes, and conditions in the community. The plan must
12 also provide a listing of major repairs and renovation
13 projects anticipated over the period of the plan.
14 3. Projections of facilities space needs, which may
15 not exceed the norm space and occupant design criteria
16 established in the State Requirements for Educational
17 Facilities.
18 4. Information on leased, loaned, and donated space
19 and relocatables used for conducting the district's
20 instructional programs.
21 5. The general location of public schools proposed to
22 be constructed over the 5-year, 10-year, and 20-year time
23 periods, including a listing of the proposed schools' site
24 acreage needs and anticipated capacity and maps showing the
25 general locations. The school board's identification of
26 general locations of future school sites must be based on the
27 school siting requirements of s. 163.3177(6)(a) and policies
28 in the comprehensive plan which provide guidance for
29 appropriate locations for school sites.
30 6. The identification of options deemed reasonable and
31 approved by the school board which reduce the need for
71
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 additional permanent student stations. Such options may
2 include, but need not be limited to:
3 a. Acceptable capacity;
4 b. Redistricting;
5 c. Busing;
6 d. Year-round schools;
7 e. Charter schools;
8 f. Magnet schools; and
9 g. Public-private partnerships.
10 7. The criteria and method, jointly determined by the
11 local government and the school board, for determining the
12 impact of proposed development to public school capacity.
13 (b) The plan must also include a financially feasible
14 district facilities work program for a 5-year period. The work
15 program must include:
16 1. A schedule of major repair and renovation projects
17 necessary to maintain the educational facilities plant and
18 ancillary facilities of the district.
19 2. A schedule of capital outlay projects necessary to
20 ensure the availability of satisfactory student stations for
21 the projected student enrollment in K-12 programs. This
22 schedule shall consider:
23 a. The locations, capacities, and planned utilization
24 rates of current educational facilities of the district. The
25 capacity of existing satisfactory facilities, as reported in
26 the Florida Inventory of School Houses must be compared to the
27 capital outlay full-time-equivalent student enrollment as
28 determined by the department, including all enrollment used in
29 the calculation of the distribution formula in s. 235.435(3).
30 b. The proposed locations of planned facilities,
31 whether those locations are consistent with the comprehensive
72
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 plans of all affected local governments, and recommendations
2 for infrastructure and other improvements to land adjacent to
3 existing facilities. The provisions of ss. 235.19 and
4 235.193(12), (13), and (14) must be addressed for new
5 facilities planned within the first 3 years of the work plan,
6 as appropriate.
7 c. Plans for the use and location of relocatable
8 facilities, leased facilities, and charter school facilities.
9 d. Plans for multitrack scheduling, grade level
10 organization, block scheduling, or other alternatives that
11 reduce the need for additional permanent student stations.
12 e. Information concerning average class size and
13 utilization rate by grade level within the district which that
14 will result if the tentative district facilities work program
15 is fully implemented. The average shall not include
16 exceptional student education classes or prekindergarten
17 classes.
18 f. The number and percentage of district students
19 planned to be educated in relocatable facilities during each
20 year of the tentative district facilities work program. For
21 determining future needs, student capacity may not be assigned
22 to any relocatable classroom that is scheduled for elimination
23 or replacement with a permanent educational facility in the
24 current year of the adopted district educational facilities
25 plan and in the district facilities work program adopted under
26 this section. Those relocatable classrooms clearly identified
27 and scheduled for replacement in a school-board-adopted,
28 financially feasible, 5-year district facilities work program
29 shall be counted at zero capacity at the time the work program
30 is adopted and approved by the school board. However, if the
31 district facilities work program is changed and the
73
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 relocatable classrooms are not replaced as scheduled in the
2 work program, the classrooms must be reentered into the system
3 and be counted at actual capacity. Relocatable classrooms may
4 not be perpetually added to the work program or continually
5 extended for purposes of circumventing this section. All
6 relocatable classrooms not identified and scheduled for
7 replacement, including those owned, lease-purchased, or leased
8 by the school district, must be counted at actual student
9 capacity. The district educational facilities plan must
10 identify the number of relocatable student stations scheduled
11 for replacement during the 5-year survey period and the total
12 dollar amount needed for that replacement.
13 g. Plans for the closure of any school, including
14 plans for disposition of the facility or usage of facility
15 space, and anticipated revenues.
16 h. Projects for which capital outlay and debt service
17 funds accruing under s. 9(d), Art. XII of the State
18 Constitution are to be used shall be identified separately in
19 priority order on a project priority list within the district
20 facilities work program.
21 3. The projected cost for each project identified in
22 the tentative district facilities work program. For proposed
23 projects for new student stations, a schedule shall be
24 prepared comparing the planned cost and square footage for
25 each new student station, by elementary, middle, and high
26 school levels, to the low, average, and high cost of
27 facilities constructed throughout the state during the most
28 recent fiscal year for which data is available from the
29 Department of Education.
30 4. A schedule of estimated capital outlay revenues
31 from each currently approved source which is estimated to be
74
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 available for expenditure on the projects included in the
2 tentative district facilities work program.
3 5. A schedule indicating which projects included in
4 the tentative district facilities work program will be funded
5 from current revenues projected in subparagraph 4.
6 6. A schedule of options for the generation of
7 additional revenues by the district for expenditure on
8 projects identified in the tentative district facilities work
9 program which are not funded under subparagraph 5. Additional
10 anticipated revenues may include effort index grants, SIT
11 Program awards, and Classrooms First funds.
12 (c)(b) To the extent available, the tentative district
13 educational facilities plan work program shall be based on
14 information produced by the demographic, revenue, and
15 education estimating conferences pursuant to s. 216.136.
16 (d)(c) Provision shall be made for public comment
17 concerning the tentative district educational facilities plan
18 work program.
19 (e) The district school board shall coordinate with
20 each affected local government to ensure consistency between
21 the tentative district educational facilities plan and the
22 local government comprehensive plans of the affected local
23 governments during the development of the tentative district
24 educational facilities plan.
25 (f) Commencing on October 1, 2002, and not less than
26 once every 5 years thereafter, the district school board shall
27 contract with a qualified, independent third party to conduct
28 a financial management and performance audit of the
29 educational planning and construction activities of the
30 district. An audit conducted by the Office of Program Policy
31 Analysis and Government Accountability and the Auditor General
75
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 pursuant to s. 230.23025 satisfies this requirement.
2 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
3 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school
4 board shall submit a copy of its tentative district
5 educational facilities plan to all affected local governments
6 prior to adoption by the board. The affected local governments
7 shall review the tentative district educational facilities
8 plan and comment to the district school board on the
9 consistency of the plan with the local comprehensive plan,
10 whether a comprehensive plan amendment will be necessary for
11 any proposed educational facility, and whether the local
12 government supports a necessary comprehensive plan amendment.
13 If the local government does not support a comprehensive plan
14 amendment for a proposed educational facility, the matter
15 shall be resolved pursuant to the interlocal agreement when
16 required by ss. 163.3177(6)(h), 163.31777, and 235.193(2). The
17 process for the submittal and review shall be detailed in the
18 interlocal agreement when required pursuant to ss.
19 163.3177(6)(h), 163.31777, and 235.193(2).
20 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN
21 WORK PROGRAM.--Annually, the district school board shall
22 consider and adopt the tentative district educational
23 facilities plan work program completed pursuant to subsection
24 (2). Upon giving proper public notice to the public and local
25 governments and opportunity for public comment, the district
26 school board may amend the plan program to revise the priority
27 of projects, to add or delete projects, to reflect the impact
28 of change orders, or to reflect the approval of new revenue
29 sources which may become available. The adopted district
30 educational facilities plan work program shall:
31 (a) Be a complete, balanced, and financially feasible
76
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 capital outlay financial plan for the district.
2 (b) Set forth the proposed commitments and planned
3 expenditures of the district to address the educational
4 facilities needs of its students and to adequately provide for
5 the maintenance of the educational plant and ancillary
6 facilities, including safe access ways from neighborhoods to
7 schools.
8 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL
9 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted
10 district educational facilities plan work program shall
11 constitute the capital outlay budget required in s. 235.18.
12 The adopted district educational facilities plan work program
13 shall include the information required in subparagraphs
14 (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects
15 actually funded in the plan program.
16 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to
17 the adopted district facilities work program covering the
18 5-year work program, the district school board shall adopt
19 annually a 10-year and a 20-year work program which include
20 the information set forth in subsection (2), but based upon
21 enrollment projections and facility needs for the 10-year and
22 20-year periods. It is recognized that the projections in the
23 10-year and 20-year timeframes are tentative and should be
24 used only for general planning purposes.
25 Section 19. Section 235.1851, Florida Statutes, is
26 created to read:
27 235.1851 Educational facilities benefit districts.--
28 (1) It is the intent of the Legislature to encourage
29 and authorize public cooperation among district school boards,
30 affected local general purpose governments, and benefited
31 private interests in order to implement financing for timely
77
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 construction and maintenance of school facilities, including
2 facilities identified in individual district facilities work
3 programs or proposed by charter schools. It is the further
4 intent of the Legislature to provide efficient alternative
5 mechanisms and incentives to allow for sharing costs of
6 educational facilities necessary to accommodate new growth and
7 development among public agencies, including district school
8 boards, affected local general purpose governments, and
9 benefited private development interests.
10 (2) The Legislature hereby authorizes the creation of
11 educational facilities benefit districts pursuant to
12 interlocal cooperation agreements between a district school
13 board and all local general purpose governments within whose
14 jurisdiction a district is located. The purpose of
15 educational facilities benefit districts is to assist in
16 financing the construction and maintenance of educational
17 facilities.
18 (3)(a) An educational facilities benefit district may
19 be created pursuant to this act and chapters 125, 163, 166,
20 and 189. An educational facilities benefit district charter
21 may be created by a county or municipality by entering into an
22 interlocal agreement, as authorized by s. 163.01, with the
23 district school board and any local general purpose government
24 within whose jurisdiction a portion of the district is located
25 and adoption of an ordinance that includes all provisions
26 contained within s. 189.4041. The creating entity shall be
27 the local general purpose government within whose boundaries a
28 majority of the educational facilities benefit district's
29 lands are located.
30 (b) Creation of any educational facilities benefit
31 district shall be conditioned upon the consent of the district
78
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 school board, all local general purpose governments within
2 whose jurisdiction any portion of the educational facilities
3 benefit district is located, and all landowners within the
4 district. The membership of the governing board of any
5 educational facilities benefit district shall include
6 representation of the district school board, each cooperating
7 local general purpose government, and the landowners within
8 the district. In the case of an educational facilities
9 benefit district's decision to create a charter school, the
10 board of directors of the charter school may constitute the
11 members of the governing board for the educational facilities
12 benefit district.
13 (4) The educational facilities benefit district shall
14 have, and its governing board may exercise, the following
15 powers:
16 (a) To finance and construct educational facilities
17 within the district's boundaries.
18 (b) To sue and be sued in the name of the district; to
19 adopt and use a seal and authorize the use of a facsimile
20 thereof; to acquire, by purchase, gift, devise, or otherwise,
21 and to dispose of real and personal property or any estate
22 therein; and to make and execute contracts and other
23 instruments necessary or convenient to the exercise of its
24 powers.
25 (c) To contract for the services of consultants to
26 perform planning, engineering, legal, or other appropriate
27 services of a professional nature. Such contracts shall be
28 subject to the public bidding or competitive negotiations
29 required of local general purpose governments.
30 (d) To borrow money and accept gifts; to apply for
31 unused grants or loans of money or other property from the
79
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 United States, the state, a unit of local government, or any
2 person for any district purposes and enter into agreements
3 required in connection therewith; and to hold, use, and
4 dispose of such moneys or property for any district purposes
5 in accordance with the terms of the gift, grant, loan, or
6 agreement relating thereto.
7 (e) To adopt resolutions and polices prescribing the
8 powers, duties, and functions of the officers of the district,
9 the conduct of the business of the district, and the
10 maintenance of records and documents of the district.
11 (f) To maintain an office at such place or places as
12 it may designate within the district or within the boundaries
13 of the local general purpose government that created the
14 district.
15 (g) To lease as lessor or lessee to or from any
16 person, firm, corporation, association, or body, public or
17 private, any projects of the type that the district is
18 authorized to undertake and facilities or property of any
19 nature for use of the district to carry out any of the
20 purposes authorized by this act.
21 (h) To borrow money and issue bonds, certificates,
22 warrants, notes, or other evidence of indebtedness pursuant to
23 this act for periods not longer than 30 years, provided such
24 bonds, certificates, warrants, notes, or other indebtedness
25 shall only be guaranteed by non-ad valorem assessments legally
26 imposed by the district and other available sources of funds
27 provided in this act and shall not pledge the full faith and
28 credit of any local general purpose government or the district
29 school board.
30 (i) To cooperate with or contract with other
31 governmental agencies as may be necessary, convenient,
80
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 incidental, or proper in connection with any of the powers,
2 duties, or purposes authorized by this act and to accept
3 funding from local and state agencies as provided in this act.
4 (j) To levy, impose, collect, and enforce non-ad
5 valorem assessments, as defined by s. 197.3632(1)(d), pursuant
6 to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,
7 and 197.3635.
8 (k) To exercise all powers necessary, convenient,
9 incidental, or proper in connection with any of the powers,
10 duties, or purposes authorized by this act.
11 (5) As an alternative to the creation of an
12 educational facilities benefit district, the Legislature
13 hereby recognizes and encourages the consideration of
14 community development district creation pursuant to chapter
15 190 as a viable alternative for financing the construction and
16 maintenance of educational facilities as described in this
17 act. Community development districts are granted the authority
18 to determine, order, levy, impose, collect, and enforce non-ad
19 valorem assessments for such purposes pursuant to this act and
20 chapters 170, 190, and 197. This authority is in addition to
21 any authority granted community development districts under
22 chapter 190. Community development districts are therefore
23 deemed eligible for the financial enhancements available to
24 educational facilities benefit districts providing for
25 financing the construction and maintenance of educational
26 facilities pursuant to s. 235.1852. In order to receive such
27 financial enhancements, a community development district must
28 enter into an interlocal agreement with the district school
29 board and affected local general purpose governments that
30 specifies the obligations of all parties to the agreement.
31 Nothing in this act or in any interlocal agreement entered
81
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 into pursuant to this act requires any change in the method of
2 election of a board of supervisors of a community development
3 district provided in chapter 190.
4 Section 20. Section 235.1852, Florida Statutes, is
5 created to read:
6 235.1852 Local funding for educational facilities
7 benefit districts or community development districts.--Upon
8 confirmation by a district school board of the commitment of
9 revenues by an educational facilities benefit district or
10 community development district necessary to construct and
11 maintain an educational facility contained within an
12 individual district facilities work program or proposed by an
13 approved charter school or a charter school applicant, the
14 following funds shall be provided to the educational
15 facilities benefit district or community development district
16 annually, beginning with the next fiscal year after
17 confirmation until the district's financial obligations are
18 completed:
19 (1) All educational facilities impact fee revenue
20 collected for new development within the educational
21 facilities benefit district or community development district.
22 Funds provided under this subsection shall be used to fund the
23 construction and capital maintenance costs of educational
24 facilities.
25 (2) For construction and capital maintenance costs not
26 covered by the funds provided under subsection (1), an annual
27 amount contributed by the district school board equal to
28 one-half of the remaining costs of construction and capital
29 maintenance of the educational facility. Any construction
30 costs above the cost-per-student criteria established for the
31 SIT Program in s. 235.216(2) shall be funded exclusively by
82
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 the educational facilities benefit district or the community
2 development district. Funds contributed by a district school
3 board shall not be used to fund operational costs.
4
5 Educational facilities funded pursuant to this act may be
6 constructed on land that is owned by any person after the
7 district school board has acquired from the owner of the land
8 a long-term lease for the use of this land for a period of not
9 less than 40 years or the life expectancy of the permanent
10 facilities constructed thereon, whichever is longer. All
11 interlocal agreements entered into pursuant to this act shall
12 provide for ownership of educational facilities funded
13 pursuant to this act to revert to the district school board if
14 such facilities cease to be used for public educational
15 purposes prior to 40 years after construction or prior to the
16 end of the life expectancy of the educational facilities,
17 whichever is longer.
18 Section 21. Section 235.1853, Florida Statutes, is
19 created to read:
20 235.1853 Educational facilities benefit district or
21 community development district facility utilization.--The
22 student population of all facilities funded pursuant to this
23 act shall reflect the racial balance of the school district
24 pursuant to state and federal law. However, to the extent
25 allowable pursuant to state and federal law, the interlocal
26 agreement providing for the establishment of the educational
27 facilities benefit district or the interlocal agreement
28 between the community development district and the district
29 school board and affected local general purpose governments
30 may provide for the district school board to establish school
31 attendance zones that allow students residing within a
83
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 reasonable distance of facilities financed through the
2 interlocal agreement to attend such facilities.
3 Section 22. Section 235.188, Florida Statutes, is
4 amended to read:
5 235.188 Full bonding required to participate in
6 programs.--Any district with unused bonding capacity in its
7 Capital Outlay and Debt Service Trust Fund allocation that
8 certifies in its district educational facilities plan work
9 program that it will not be able to meet all of its need for
10 new student stations within existing revenues must fully bond
11 its Capital Outlay and Debt Service Trust Fund allocation
12 before it may participate in Classrooms First, the School
13 Infrastructure Thrift (SIT) Program, or the Effort Index
14 Grants Program.
15 Section 23. Section 235.19, Florida Statutes, is
16 amended to read:
17 235.19 Site planning and selection.--
18 (1) Before acquiring property for sites, each board
19 shall determine the location of proposed educational centers
20 or campuses for the board. In making this determination, the
21 board shall consider existing and anticipated site needs and
22 the most economical and practicable locations of sites. The
23 board shall coordinate with the long-range or comprehensive
24 plans of local, regional, and state governmental agencies to
25 assure the consistency compatibility of such plans with site
26 planning. Boards are encouraged to locate district educational
27 facilities schools proximate to urban residential areas to the
28 extent possible, and shall seek to collocate district
29 educational facilities schools with other public facilities,
30 such as parks, libraries, and community centers, to the extent
31 possible, and to encourage using elementary schools as focal
84
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 points for neighborhoods.
2 (2) Each new site selected must be adequate in size to
3 meet the educational needs of the students to be served on
4 that site by the original educational facility or future
5 expansions of the facility through renovation or the addition
6 of relocatables. The Commissioner of Education shall prescribe
7 by rule recommended sizes for new sites according to
8 categories of students to be housed and other appropriate
9 factors determined by the commissioner. Less-than-recommended
10 site sizes are allowed if the board, by a two-thirds majority,
11 recommends such a site and finds that it can provide an
12 appropriate and equitable educational program on the site.
13 (3) Sites recommended for purchase, or purchased, in
14 accordance with chapter 230 or chapter 240 must meet standards
15 prescribed therein and such supplementary standards as the
16 commissioner prescribes to promote the educational interests
17 of the students. Each site must be well drained and suitable
18 for outdoor educational purposes as appropriate for the
19 educational program or collocated with facilities to serve
20 this purpose. As provided in s. 333.03, the site must not be
21 located within any path of flight approach of any airport.
22 Insofar as is practicable, the site must not adjoin a
23 right-of-way of any railroad or through highway and must not
24 be adjacent to any factory or other property from which noise,
25 odors, or other disturbances, or at which conditions, would be
26 likely to interfere with the educational program. To the
27 extent practicable, sites must be chosen which will provide
28 safe access from neighborhoods to schools.
29 (4) It shall be the responsibility of the board to
30 provide adequate notice to appropriate municipal, county,
31 regional, and state governmental agencies for requested
85
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 traffic control and safety devices so they can be installed
2 and operating prior to the first day of classes or to satisfy
3 itself that every reasonable effort has been made in
4 sufficient time to secure the installation and operation of
5 such necessary devices prior to the first day of classes. It
6 shall also be the responsibility of the board to review
7 annually traffic control and safety device needs and to
8 request all necessary changes indicated by such review.
9 (5) Each board may request county and municipal
10 governments to construct and maintain sidewalks and bicycle
11 trails within a 2-mile radius of each educational facility
12 within the jurisdiction of the local government. When a board
13 discovers or is aware of an existing hazard on or near a
14 public sidewalk, street, or highway within a 2-mile radius of
15 a school site and the hazard endangers the life or threatens
16 the health or safety of students who walk, ride bicycles, or
17 are transported regularly between their homes and the school
18 in which they are enrolled, the board shall, within 24 hours
19 after discovering or becoming aware of the hazard, excluding
20 Saturdays, Sundays, and legal holidays, report such hazard to
21 the governmental entity within the jurisdiction of which the
22 hazard is located. Within 5 days after receiving notification
23 by the board, excluding Saturdays, Sundays, and legal
24 holidays, the governmental entity shall investigate the
25 hazardous condition and either correct it or provide such
26 precautions as are practicable to safeguard students until the
27 hazard can be permanently corrected. However, if the
28 governmental entity that has jurisdiction determines upon
29 investigation that it is impracticable to correct the hazard,
30 or if the entity determines that the reported condition does
31 not endanger the life or threaten the health or safety of
86
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 students, the entity shall, within 5 days after notification
2 by the board, excluding Saturdays, Sundays, and legal
3 holidays, inform the board in writing of its reasons for not
4 correcting the condition. The governmental entity, to the
5 extent allowed by law, shall indemnify the board from any
6 liability with respect to accidents or injuries, if any,
7 arising out of the hazardous condition.
8 (6) If the school board and local government have
9 entered into an interlocal agreement pursuant to s. 235.193(2)
10 and either s. 163.3177(6)(h)4. or s. 163.31777 or have
11 developed a process to ensure consistency between the local
12 government comprehensive plan and the school district
13 educational facilities plan, site planning and selection must
14 be consistent with the interlocal agreements and the plans.
15 Section 24. Section 235.193, Florida Statutes, is
16 amended to read:
17 235.193 Coordination of planning with local governing
18 bodies.--
19 (1) It is the policy of this state to require the
20 coordination of planning between boards and local governing
21 bodies to ensure that plans for the construction and opening
22 of public educational facilities are facilitated and
23 coordinated in time and place with plans for residential
24 development, concurrently with other necessary services. Such
25 planning shall include the integration of the educational
26 facilities plan plant survey and applicable policies and
27 procedures of a board with the local comprehensive plan and
28 land development regulations of local governments governing
29 bodies. The planning must include the consideration of
30 allowing students to attend the school located nearest their
31 homes when a new housing development is constructed near a
87
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 county boundary and it is more feasible to transport the
2 students a short distance to an existing facility in an
3 adjacent county than to construct a new facility or transport
4 students longer distances in their county of residence. The
5 planning must also consider the effects of the location of
6 public education facilities, including the feasibility of
7 keeping central city facilities viable, in order to encourage
8 central city redevelopment and the efficient use of
9 infrastructure and to discourage uncontrolled urban sprawl. In
10 addition, all parties to the planning process must consult
11 with state and local road departments to assist in
12 implementing the Safe Paths to Schools program administered by
13 the Department of Transportation.
14 (2)(a) The school board, county, and nonexempt
15 municipalities located within the geographic area of a school
16 district shall enter into an interlocal agreement that jointly
17 establishes the specific ways in which the plans and processes
18 of the district school board and the local governments are to
19 be coordinated. The interlocal agreements shall be submitted
20 to the state land planning agency and the Office of
21 Educational Facilities and the SMART Schools Clearinghouse in
22 accordance with a schedule published by the state land
23 planning agency.
24 (b) The schedule must establish staggered due dates
25 for submission of interlocal agreements that are executed by
26 both the local government and district school board,
27 commencing on March 1, 2003, and concluding by December 1,
28 2004, and must set the same date for all governmental entities
29 within a school district. However, if the county where the
30 school district is located contains more than 20
31 municipalities, the state land planning agency may establish
88
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 staggered due dates for the submission of interlocal
2 agreements by these municipalities. The schedule must begin
3 with those areas where both the number of districtwide
4 capital-outlay full-time-equivalent students equals 80 percent
5 or more of the current year's school capacity and the
6 projected 5-year student growth rate is 1,000 or greater, or
7 where the projected 5-year student growth rate is 10 percent
8 or greater.
9 (c) If the student population has declined over the
10 5-year period preceding the due date for submittal of an
11 interlocal agreement by the local government and the district
12 school board, the local government and district school board
13 may petition the state land planning agency for a waiver of
14 one or more of the requirements of subsection (3). The waiver
15 must be granted if the procedures called for in subsection (3)
16 are unnecessary because of the school district's declining
17 school age population, considering the district's 5-year work
18 program prepared pursuant to s. 235.185. The state land
19 planning agency may modify or revoke the waiver upon a finding
20 that the conditions upon which the waiver was granted no
21 longer exist. The district school board and local governments
22 must submit an interlocal agreement within 1 year after
23 notification by the state land planning agency that the
24 conditions for a waiver no longer exist.
25 (d) Interlocal agreements between local governments
26 and district school boards adopted pursuant to s. 163.3177
27 before the effective date of subsections (2)-(9) must be
28 updated and executed pursuant to the requirements of
29 subsections (2)-(9), if necessary. Amendments to interlocal
30 agreements adopted pursuant to subsections (2)-(9) must be
31 submitted to the state land planning agency within 30 days
89
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 after execution by the parties for review consistent with
2 subsections (3) and (4). Local governments and the district
3 school board in each school district are encouraged to adopt a
4 single interlocal agreement in which all join as parties. The
5 state land planning agency shall assemble and make available
6 model interlocal agreements meeting the requirements of
7 subsections (2)-(9) and shall notify local governments and,
8 jointly with the Department of Education, the district school
9 boards of the requirements of subsections (2)-(9), the dates
10 for compliance, and the sanctions for noncompliance. The state
11 land planning agency shall be available to informally review
12 proposed interlocal agreements. If the state land planning
13 agency has not received a proposed interlocal agreement for
14 informal review, the state land planning agency shall, at
15 least 60 days before the deadline for submission of the
16 executed agreement, renotify the local government and the
17 district school board of the upcoming deadline and the
18 potential for sanctions.
19 (3) At a minimum, the interlocal agreement must
20 address the following issues:
21 (a) A process by which each local government and the
22 district school board agree and base their plans on consistent
23 projections of the amount, type, and distribution of
24 population growth and student enrollment. The geographic
25 distribution of jurisdiction-wide growth forecasts is a major
26 objective of the process.
27 (b) A process to coordinate and share information
28 relating to existing and planned public school facilities,
29 including school renovations and closures, and local
30 government plans for development and redevelopment.
31 (c) Participation by affected local governments with
90
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 the district school board in the process of evaluating
2 potential school closures, significant renovations to existing
3 schools, and new school site selection before land
4 acquisition. Local governments shall advise the district
5 school board as to the consistency of the proposed closure,
6 renovation, or new site with the local comprehensive plan,
7 including appropriate circumstances and criteria under which a
8 district school board may request an amendment to the
9 comprehensive plan for school siting.
10 (d) A process for determining the need for and timing
11 of on-site and off-site improvements to support new
12 construction, proposed expansion, or redevelopment of existing
13 schools. The process shall address identification of the party
14 or parties responsible for the improvements.
15 (e) A process for the school board to inform the local
16 government regarding school capacity. The capacity reporting
17 must be consistent with laws and rules regarding measurement
18 of school facility capacity and must also identify how the
19 district school board will meet the public school demand based
20 on the facilities work program adopted pursuant to s. 235.185.
21 (f) Participation of the local governments in the
22 preparation of the annual update to the school board's 5-year
23 district facilities work program and educational plant survey
24 prepared pursuant to s. 235.185.
25 (g) A process for determining where and how joint use
26 of either school board or local government facilities can be
27 shared for mutual benefit and efficiency.
28 (h) A procedure for the resolution of disputes between
29 the district school board and local governments, which may
30 include the dispute-resolution processes contained in chapters
31 164 and 186.
91
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 (i) An oversight process, including an opportunity for
2 public participation, for the implementation of the interlocal
3 agreement.
4
5 A signatory to the interlocal agreement may elect not to
6 include a provision meeting the requirements of paragraph (e);
7 however, such a decision may be made only after a public
8 hearing on such election, which may include the public hearing
9 in which a district school board or a local government adopts
10 the interlocal agreement. An interlocal agreement entered into
11 pursuant to this section must be consistent with the adopted
12 comprehensive plan and land development regulations of any
13 local government that is a signatory.
14 (4)(a) The Office of Educational Facilities and SMART
15 Schools Clearinghouse shall submit any comments or concerns
16 regarding the executed interlocal agreement to the state land
17 planning agency within 30 days after receipt of the executed
18 interlocal agreement. The state land planning agency shall
19 review the executed interlocal agreement to determine whether
20 it is consistent with the requirements of subsection (3), the
21 adopted local government comprehensive plan, and other
22 requirements of law. Within 60 days after receipt of an
23 executed interlocal agreement, the state land planning agency
24 shall publish a notice of intent in the Florida Administrative
25 Weekly and shall post a copy of the notice on the agency's
26 Internet site. The notice of intent must state that the
27 interlocal agreement is consistent or inconsistent with the
28 requirements of subsection (3) and this subsection as
29 appropriate.
30 (b) The state land planning agency's notice is subject
31 to challenge under chapter 120; however, an affected person,
92
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 as defined in s. 163.3184(1)(a), has standing to initiate the
2 administrative proceeding and this proceeding is the sole
3 means available to challenge the consistency of an interlocal
4 agreement required by this section with the criteria contained
5 in subsection (3) and this subsection. In order to have
6 standing, each person must have submitted oral or written
7 comments, recommendations, or objections to the local
8 government or the school board before the adoption of the
9 interlocal agreement by the district school board and local
10 government. The district school board and local governments
11 are parties to any such proceeding. In this proceeding, when
12 the state land planning agency finds the interlocal agreement
13 to be consistent with the criteria in subsection (3) and this
14 subsection, the interlocal agreement must be determined to be
15 consistent with subsection (3) and this subsection if the
16 local government's and school board's determination of
17 consistency is fairly debatable. When the state land planning
18 agency finds the interlocal agreement to be inconsistent with
19 the requirements of subsection (3) and this subsection, the
20 local government's and school board's determination of
21 consistency shall be sustained unless it is shown by a
22 preponderance of the evidence that the interlocal agreement is
23 inconsistent.
24 (c) If the state land planning agency enters a final
25 order that finds that the interlocal agreement is inconsistent
26 with the requirements of subsection (3) or this subsection,
27 the state land planning agency shall forward it to the
28 Administration Commission, which may impose sanctions against
29 the local government pursuant to s. 163.3184(11) and may
30 impose sanctions against the district school board by
31 directing the Department of Education to withhold an
93
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 equivalent amount of funds for school construction available
2 pursuant to ss. 235.187, 235.216, 235.2195, and 235.42.
3 (5) If an executed interlocal agreement is not timely
4 submitted to the state land planning agency for review, the
5 state land planning agency shall, within 15 working days after
6 the deadline for submittal, issue to the local government and
7 the district school board a Notice to Show Cause why sanctions
8 should not be imposed for failure to submit an executed
9 interlocal agreement by the deadline established by the
10 agency. The agency shall forward the notice and the responses
11 to the Administration Commission, which may enter a final
12 order citing the failure to comply and imposing sanctions
13 against the local government and district school board by
14 directing the appropriate agencies to withhold at least 5
15 percent of state funds pursuant to s. 163.3184(11) and by
16 directing the Department of Education to withhold from the
17 district school board at least 5 percent of funds for school
18 construction available pursuant to ss. 235.187, 235.216,
19 235.2195, and 235.42.
20 (6) Any local government transmitting a public school
21 element to implement school concurrency pursuant to the
22 requirements of s. 163.3180 before the effective date of this
23 section is not required to amend the element or any interlocal
24 agreement to conform with the provisions of subsections
25 (2)-(8) if the element is adopted prior to or within 1 year
26 after the effective date of subsections (2)-(8) and remains in
27 effect.
28 (7) Except as provided in subsection (8),
29 municipalities having no established need for a new facility
30 and meeting the following criteria are exempt from the
31 requirements of subsections (2), (3) and (4):
94
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 (a) The municipality has no public schools located
2 within its boundaries.
3 (b) The district school board's 5-year facilities work
4 program and the long-term 10-year and 20-year work programs,
5 as provided in s. 235.185, demonstrate that no new school
6 facility is needed in the municipality. In addition, the
7 district school board must verify in writing that no new
8 school facility will be needed in the municipality within the
9 5-year and 10-year timeframes.
10 (8) At the time of the evaluation and appraisal
11 report, each exempt municipality shall assess the extent to
12 which it continues to meet the criteria for exemption under
13 subsection (7). If the municipality continues to meet these
14 criteria and the district school board verifies in writing
15 that no new school facilities will be needed within the 5-year
16 and 10-year timeframes, the municipality shall continue to be
17 exempt from the interlocal-agreement requirement. Each
18 municipality exempt under subsection (7) must comply with the
19 provisions of subsections (2)-(8) within 1 year after the
20 district school board proposes, in its 5-year district
21 facilities work program, a new school within the
22 municipality's jurisdiction.
23 (9)(2) A school board and the local governing body
24 must share and coordinate information related to existing and
25 planned public school facilities; proposals for development,
26 redevelopment, or additional development; and infrastructure
27 required to support the public school facilities, concurrent
28 with proposed development. A school board shall use
29 information produced by the demographic, revenue, and
30 education estimating conferences pursuant to s. 216.136
31 Department of Education enrollment projections when preparing
95
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 the 5-year district educational facilities plan work program
2 pursuant to s. 235.185, as modified and agreed to by the local
3 governments, when provided by interlocal agreement, and the
4 Office of Educational Facilities and SMART Schools
5 Clearinghouse, in and a school board shall affirmatively
6 demonstrate in the educational facilities report consideration
7 of local governments' population projections, to ensure that
8 the district educational facilities plan 5-year work program
9 not only reflects enrollment projections but also considers
10 applicable municipal and county growth and development
11 projections. The projections must be apportioned
12 geographically with assistance from the local governments
13 using local government trend data and the school district
14 student enrollment data. A school board is precluded from
15 siting a new school in a jurisdiction where the school board
16 has failed to provide the annual educational facilities plan
17 report for the prior year required pursuant to s. 235.185 s.
18 235.194 unless the failure is corrected.
19 (10)(3) The location of public educational facilities
20 shall be consistent with the comprehensive plan of the
21 appropriate local governing body developed under part II of
22 chapter 163 and consistent with the plan's implementing land
23 development regulations, to the extent that the regulations
24 are not in conflict with or the subject regulated is not
25 specifically addressed by this chapter or the State Uniform
26 Building Code, unless mutually agreed by the local government
27 and the board.
28 (11)(4) To improve coordination relative to potential
29 educational facility sites, a board shall provide written
30 notice to the local government that has regulatory authority
31 over the use of the land consistent with an interlocal
96
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 agreement entered pursuant to subsections (2)-(8) at least 60
2 days prior to acquiring or leasing property that may be used
3 for a new public educational facility. The local government,
4 upon receipt of this notice, shall notify the board within 45
5 days if the site proposed for acquisition or lease is
6 consistent with the land use categories and policies of the
7 local government's comprehensive plan. This preliminary
8 notice does not constitute the local government's
9 determination of consistency pursuant to subsection (12) (5).
10 (12)(5) As early in the design phase as feasible and
11 consistent with an interlocal agreement entered pursuant to
12 subsections (2)-(8), but no later than 90 days before
13 commencing construction, the district school board shall in
14 writing request a determination of consistency with the local
15 government's comprehensive plan. but at least before
16 commencing construction of a new public educational facility,
17 The local governing body that regulates the use of land shall
18 determine, in writing within 45 90 days after receiving the
19 necessary information and a school board's request for a
20 determination, whether a proposed public educational facility
21 is consistent with the local comprehensive plan and consistent
22 with local land development regulations, to the extent that
23 the regulations are not in conflict with or the subject
24 regulated is not specifically addressed by this chapter or the
25 State Uniform Building Code, unless mutually agreed. If the
26 determination is affirmative, school construction may commence
27 proceed and further local government approvals are not
28 required, except as provided in this section. Failure of the
29 local governing body to make a determination in writing within
30 90 days after a school board's request for a determination of
31 consistency shall be considered an approval of the school
97
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 board's application.
2 (13)(6) A local governing body may not deny the site
3 applicant based on adequacy of the site plan as it relates
4 solely to the needs of the school. If the site is consistent
5 with the comprehensive plan's future land use policies and
6 categories in which public schools are identified as allowable
7 uses, the local government may not deny the application but it
8 may impose reasonable development standards and conditions in
9 accordance with s. 235.34(1) and consider the site plan and
10 its adequacy as it relates to environmental concerns, health,
11 safety and welfare, and effects on adjacent property.
12 Standards and conditions may not be imposed which conflict
13 with those established in this chapter or the Florida State
14 Uniform Building Code, unless mutually agreed and consistent
15 with the interlocal agreement required by subsections (2)-(8).
16 (14)(7) This section does not prohibit a local
17 governing body and district school board from agreeing and
18 establishing an alternative process for reviewing a proposed
19 educational facility and site plan, and offsite impacts,
20 pursuant to an interlocal agreement adopted in accordance with
21 subsections (2)-(8).
22 (15)(8) Existing schools shall be considered
23 consistent with the applicable local government comprehensive
24 plan adopted under part II of chapter 163. The collocation of
25 a new proposed public educational facility with an existing
26 public educational facility, or the expansion of an existing
27 public educational facility is not inconsistent with the local
28 comprehensive plan, if the site is consistent with the
29 comprehensive plan's future land use policies and categories
30 in which public schools are identified as allowable uses, and
31 levels of service adopted by the local government for any
98
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 facilities affected by the proposed location for the new
2 facility are maintained. If a board submits an application to
3 expand an existing school site, the local governing body may
4 impose reasonable development standards and conditions on the
5 expansion only, and in a manner consistent with s. 235.34(1).
6 Standards and conditions may not be imposed which conflict
7 with those established in this chapter or the Florida State
8 Uniform Building Code, unless mutually agreed upon. Local
9 government review or approval is not required for:
10 (a) The placement of temporary or portable classroom
11 facilities; or
12 (b) Proposed renovation or construction on existing
13 school sites, with the exception of construction that changes
14 the primary use of a facility, includes stadiums, or results
15 in a greater than 5 percent increase in student capacity, or
16 as mutually agreed upon, pursuant to an interlocal agreement
17 adopted in accordance with subsections (2)-(8).
18 Section 25. Section 235.194, Florida Statutes, is
19 repealed.
20 Section 26. Section 235.218, Florida Statutes, is
21 amended to read:
22 235.218 School district educational facilities plan
23 work program performance and productivity standards;
24 development; measurement; application.--
25 (1) The Office of Educational Facilities and SMART
26 Schools Clearinghouse shall develop and adopt measures for
27 evaluating the performance and productivity of school district
28 educational facilities plans work programs. The measures may
29 be both quantitative and qualitative and must, to the maximum
30 extent practical, assess those factors that are within the
31 districts' control. The measures must, at a minimum, assess
99
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 performance in the following areas:
2 (a) Frugal production of high-quality projects.
3 (b) Efficient finance and administration.
4 (c) Optimal school and classroom size and utilization
5 rate.
6 (d) Safety.
7 (e) Core facility space needs and cost-effective
8 capacity improvements that consider demographic projections.
9 (f) Level of district local effort.
10 (2) The office clearinghouse shall establish annual
11 performance objectives and standards that can be used to
12 evaluate district performance and productivity.
13 (3) The office clearinghouse shall conduct ongoing
14 evaluations of district educational facilities program
15 performance and productivity, using the measures adopted under
16 this section. If, using these measures, the office
17 clearinghouse finds that a district failed to perform
18 satisfactorily, the office clearinghouse must recommend to the
19 district school board actions to be taken to improve the
20 district's performance.
21 Section 27. Paragraph (c) of subsection (2) of section
22 235.2197, Florida Statutes, is amended to read:
23 235.2197 Florida Frugal Schools Program.--
24 (2) The "Florida Frugal Schools Program" is created to
25 recognize publicly each district school board that agrees to
26 build frugal yet functional educational facilities and that
27 implements "best financial management practices" when
28 planning, constructing, and operating educational facilities.
29 The Florida State Board of Education shall recognize a
30 district school board as having a Florida Frugal Schools
31 Program if the district requests recognition and satisfies two
100
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 or more of the following criteria:
2 (c) The district school board submits a plan to the
3 Commissioner of Education certifying how the revenues
4 generated by the levy of the capital outlay sales surtax
5 authorized by s. 212.055(6) will be spent. The plan must
6 include at least the following assurances about the use of the
7 proceeds of the surtax and any accrued interest:
8 1. The district school board will use the surtax and
9 accrued interest only for the fixed capital outlay purposes
10 identified by s. 212.055(6)(d) which will reduce school
11 overcrowding that has been validated by the Department of
12 Education, or for the repayment of bonded indebtedness related
13 to such capital outlay purposes.
14 2. The district school board will not spend the surtax
15 or accrued interest to pay for operational expenses or for the
16 construction, renovation, or remodeling of any administrative
17 building or any other ancillary facility that is not directly
18 related to the instruction, feeding, or transportation of
19 students enrolled in the public schools.
20 3. The district school board's use of the surtax and
21 accrued interest will be consistent with the best financial
22 management practices identified and approved under s.
23 230.23025.
24 4. The district school board will apply the
25 educational facilities contracting and construction techniques
26 authorized by s. 235.211 or other construction management
27 techniques to reduce the cost of educational facilities.
28 5. The district school board will discontinue the
29 surtax levy when the district has provided the
30 survey-recommended educational facilities that were determined
31 to be necessary to relieve school overcrowding; when the
101
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 district has satisfied any bonded indebtedness incurred for
2 such educational facilities; or when the district's other
3 sources of capital outlay funds are sufficient to provide such
4 educational facilities, whichever occurs first.
5 6. The district school board will use any excess
6 surtax collections or accrued interest to reduce the
7 discretionary outlay millage levied under s. 236.25(2).
8 Section 28. Section 235.321, Florida Statutes, is
9 amended to read:
10 235.321 Changes in construction requirements after
11 award of contract.--The board may, at its option and by
12 written policy duly adopted and entered in its official
13 minutes, authorize the superintendent or president or other
14 designated individual to approve change orders in the name of
15 the board for preestablished amounts. Approvals shall be for
16 the purpose of expediting the work in progress and shall be
17 reported to the board and entered in its official minutes. For
18 accountability, the school district shall monitor and report
19 the impact of change orders on its district educational
20 facilities plan work program pursuant to s. 235.185.
21 Section 29. Paragraph (d) of subsection (5) of section
22 236.25, Florida Statutes, is amended to read:
23 236.25 District school tax.--
24 (5)
25 (d) Notwithstanding any other provision of this
26 subsection, if through its adopted educational facilities plan
27 work program a district has clearly identified the need for an
28 ancillary plant, has provided opportunity for public input as
29 to the relative value of the ancillary plant versus an
30 educational plant, and has obtained public approval, the
31 district may use revenue generated by the millage levy
102
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 authorized by subsection (2) for the acquisition,
2 construction, renovation, remodeling, maintenance, or repair
3 of an ancillary plant.
4
5 A district that violates these expenditure restrictions shall
6 have an equal dollar reduction in funds appropriated to the
7 district under s. 236.081 in the fiscal year following the
8 audit citation. The expenditure restrictions do not apply to
9 any school district that certifies to the Commissioner of
10 Education that all of the district's instructional space needs
11 for the next 5 years can be met from capital outlay sources
12 that the district reasonably expects to receive during the
13 next 5 years or from alternative scheduling or construction,
14 leasing, rezoning, or technological methodologies that exhibit
15 sound management.
16 Section 30. Subsection (3) of section 380.04, Florida
17 Statutes, is amended to read:
18 380.04 Definition of development.--
19 (3) The following operations or uses shall not be
20 taken for the purpose of this chapter to involve "development"
21 as defined in this section:
22 (a) Work by a highway or road agency or railroad
23 company for the maintenance or improvement of a road or
24 railroad track, if the work is carried out on land within the
25 boundaries of the right-of-way or any work or construction
26 within the boundaries of the right-of-way on the federal
27 interstate highway system.
28 (b) Work by any utility and other persons engaged in
29 the distribution or transmission of electricity, gas, or
30 water, for the purpose of inspecting, repairing, renewing, or
31 constructing on established rights-of-way any sewers, mains,
103
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 pipes, cables, utility tunnels, power lines, towers, poles,
2 tracks, or the like.
3 (c) Work for the maintenance, renewal, improvement, or
4 alteration of any structure, if the work affects only the
5 interior or the color of the structure or the decoration of
6 the exterior of the structure.
7 (d) The use of any structure or land devoted to
8 dwelling uses for any purpose customarily incidental to
9 enjoyment of the dwelling.
10 (e) The use of any land for the purpose of growing
11 plants, crops, trees, and other agricultural or forestry
12 products; raising livestock; or for other agricultural
13 purposes.
14 (f) A change in use of land or structure from a use
15 within a class specified in an ordinance or rule to another
16 use in the same class.
17 (g) A change in the ownership or form of ownership of
18 any parcel or structure.
19 (h) The creation or termination of rights of access,
20 riparian rights, easements, covenants concerning development
21 of land, or other rights in land.
22 Section 31. Paragraph (d) of subsection (2), paragraph
23 (b) of subsection (4), paragraph (a) of subsection (8),
24 subsection (12), paragraph (c) of subsection (15), subsection
25 (18), and paragraphs (b), (c), (e), and (f) of subsection (19)
26 of section 380.06, Florida Statutes, are amended, and
27 paragraphs (i) and (j) are added to subsection (24) of that
28 section, to read:
29 380.06 Developments of regional impact.--
30 (2) STATEWIDE GUIDELINES AND STANDARDS.--
31 (d) The guidelines and standards shall be applied as
104
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 follows:
2 1. Fixed thresholds.--
3 a. A development that is at or below 100 80 percent of
4 all numerical thresholds in the guidelines and standards shall
5 not be required to undergo development-of-regional-impact
6 review.
7 b. A development that is at or above 120 percent of
8 any numerical threshold shall be required to undergo
9 development-of-regional-impact review.
10 c. Projects certified under s. 403.973 which create at
11 least 100 jobs and meet the criteria of the Office of Tourism,
12 Trade, and Economic Development as to their impact on an
13 area's economy, employment, and prevailing wage and skill
14 levels that are at or below 100 percent of the numerical
15 thresholds for industrial plants, industrial parks,
16 distribution, warehousing or wholesaling facilities, office
17 development or multiuse projects other than residential, as
18 described in s. 380.0651(3)(c), (d), and (i), are not required
19 to undergo development-of-regional-impact review.
20 2. Rebuttable presumption presumptions.--
21 a. It shall be presumed that a development that is
22 between 80 and 100 percent of a numerical threshold shall not
23 be required to undergo development-of-regional-impact review.
24 b. It shall be presumed that a development that is at
25 100 percent or between 100 and 120 percent of a numerical
26 threshold shall be required to undergo
27 development-of-regional-impact review.
28 (4) BINDING LETTER.--
29 (b) Unless a developer waives the requirements of this
30 paragraph by agreeing to undergo
31 development-of-regional-impact review pursuant to this
105
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 section, the state land planning agency or local government
2 with jurisdiction over the land on which a development is
3 proposed may require a developer to obtain a binding letter
4 if:
5 1. the development is at a presumptive numerical
6 threshold or up to 20 percent above a numerical threshold in
7 the guidelines and standards.; or
8 2. The development is between a presumptive numerical
9 threshold and 20 percent below the numerical threshold and the
10 local government or the state land planning agency is in doubt
11 as to whether the character or magnitude of the development at
12 the proposed location creates a likelihood that the
13 development will have a substantial effect on the health,
14 safety, or welfare of citizens of more than one county.
15 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.--
16 (a) A developer may enter into a written preliminary
17 development agreement with the state land planning agency to
18 allow a developer to proceed with a limited amount of the
19 total proposed development, subject to all other governmental
20 approvals and solely at the developer's own risk, prior to
21 issuance of a final development order. All owners of the land
22 in the total proposed development shall join the developer as
23 parties to the agreement. Each agreement shall include and be
24 subject to the following conditions:
25 1. The developer shall comply with the preapplication
26 conference requirements pursuant to subsection (7) within 45
27 days after the execution of the agreement.
28 2. The developer shall file an application for
29 development approval for the total proposed development within
30 3 months after execution of the agreement, unless the state
31 land planning agency agrees to a different time for good cause
106
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 shown. Failure to timely file an application and to otherwise
2 diligently proceed in good faith to obtain a final development
3 order shall constitute a breach of the preliminary development
4 agreement.
5 3. The agreement shall include maps and legal
6 descriptions of both the preliminary development area and the
7 total proposed development area and shall specifically
8 describe the preliminary development in terms of magnitude and
9 location. The area approved for preliminary development must
10 be included in the application for development approval and
11 shall be subject to the terms and conditions of the final
12 development order.
13 4. The preliminary development shall be limited to
14 lands that the state land planning agency agrees are suitable
15 for development and shall only be allowed in areas where
16 adequate public infrastructure exists to accommodate the
17 preliminary development, when such development will utilize
18 public infrastructure. The developer must also demonstrate
19 that the preliminary development will not result in material
20 adverse impacts to existing resources or existing or planned
21 facilities.
22 5. The preliminary development agreement may allow
23 development which is:
24 a. Less than or equal to 100 80 percent of any
25 applicable threshold if the developer demonstrates that such
26 development is consistent with subparagraph 4.; or
27 b. Less than 120 percent of any applicable threshold
28 if the developer demonstrates that such development is part of
29 a proposed downtown development of regional impact specified
30 in subsection (22) or part of any areawide development of
31 regional impact specified in subsection (25) and that the
107
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 development is consistent with subparagraph 4.
2 6. The developer and owners of the land may not claim
3 vested rights, or assert equitable estoppel, arising from the
4 agreement or any expenditures or actions taken in reliance on
5 the agreement to continue with the total proposed development
6 beyond the preliminary development. The agreement shall not
7 entitle the developer to a final development order approving
8 the total proposed development or to particular conditions in
9 a final development order.
10 7. The agreement shall not prohibit the regional
11 planning agency from reviewing or commenting on any regional
12 issue that the regional agency determines should be included
13 in the regional agency's report on the application for
14 development approval.
15 8. The agreement shall include a disclosure by the
16 developer and all the owners of the land in the total proposed
17 development of all land or development within 5 miles of the
18 total proposed development in which they have an interest and
19 shall describe such interest.
20 9. In the event of a breach of the agreement or
21 failure to comply with any condition of the agreement, or if
22 the agreement was based on materially inaccurate information,
23 the state land planning agency may terminate the agreement or
24 file suit to enforce the agreement as provided in this section
25 and s. 380.11, including a suit to enjoin all development.
26 10. A notice of the preliminary development agreement
27 shall be recorded by the developer in accordance with s.
28 28.222 with the clerk of the circuit court for each county in
29 which land covered by the terms of the agreement is located.
30 The notice shall include a legal description of the land
31 covered by the agreement and shall state the parties to the
108
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 agreement, the date of adoption of the agreement and any
2 subsequent amendments, the location where the agreement may be
3 examined, and that the agreement constitutes a land
4 development regulation applicable to portions of the land
5 covered by the agreement. The provisions of the agreement
6 shall inure to the benefit of and be binding upon successors
7 and assigns of the parties in the agreement.
8 11. Except for those agreements which authorize
9 preliminary development for substantial deviations pursuant to
10 subsection (19), a developer who no longer wishes to pursue a
11 development of regional impact may propose to abandon any
12 preliminary development agreement executed after January 1,
13 1985, including those pursuant to s. 380.032(3), provided at
14 the time of abandonment:
15 a. A final development order under this section has
16 been rendered that approves all of the development actually
17 constructed; or
18 b. The amount of development is less than 100 80
19 percent of all numerical thresholds of the guidelines and
20 standards, and the state land planning agency determines in
21 writing that the development to date is in compliance with all
22 applicable local regulations and the terms and conditions of
23 the preliminary development agreement and otherwise adequately
24 mitigates for the impacts of the development to date.
25
26 In either event, when a developer proposes to abandon said
27 agreement, the developer shall give written notice and state
28 that he or she is no longer proposing a development of
29 regional impact and provide adequate documentation that he or
30 she has met the criteria for abandonment of the agreement to
31 the state land planning agency. Within 30 days of receipt of
109
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 adequate documentation of such notice, the state land planning
2 agency shall make its determination as to whether or not the
3 developer meets the criteria for abandonment. Once the state
4 land planning agency determines that the developer meets the
5 criteria for abandonment, the state land planning agency shall
6 issue a notice of abandonment which shall be recorded by the
7 developer in accordance with s. 28.222 with the clerk of the
8 circuit court for each county in which land covered by the
9 terms of the agreement is located.
10 (12) REGIONAL REPORTS.--
11 (a) Within 50 days after receipt of the notice of
12 public hearing required in paragraph (11)(c), the regional
13 planning agency, if one has been designated for the area
14 including the local government, shall prepare and submit to
15 the local government a report and recommendations on the
16 regional impact of the proposed development. In preparing its
17 report and recommendations, the regional planning agency shall
18 identify regional issues based upon the following review
19 criteria and make recommendations to the local government on
20 these regional issues, specifically considering whether, and
21 the extent to which:
22 1. The development will have a favorable or
23 unfavorable impact on state or regional resources or
24 facilities identified in the applicable state or regional
25 plans. For the purposes of this subsection, "applicable state
26 plan" means the state comprehensive plan. For the purposes of
27 this subsection, "applicable regional plan" means an adopted
28 comprehensive regional policy plan until the adoption of a
29 strategic regional policy plan pursuant to s. 186.508, and
30 thereafter means an adopted strategic regional policy plan.
31 2. The development will significantly impact adjacent
110
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 jurisdictions. At the request of the appropriate local
2 government, regional planning agencies may also review and
3 comment upon issues that affect only the requesting local
4 government.
5 3. As one of the issues considered in the review in
6 subparagraphs 1. and 2., the development will favorably or
7 adversely affect the ability of people to find adequate
8 housing reasonably accessible to their places of employment.
9 The determination should take into account information on
10 factors that are relevant to the availability of reasonably
11 accessible adequate housing. Adequate housing means housing
12 that is available for occupancy and that is not substandard.
13 (b) At the request of the regional planning agency,
14 other appropriate agencies shall review the proposed
15 development and shall prepare reports and recommendations on
16 issues that are clearly within the jurisdiction of those
17 agencies. Such agency reports shall become part of the
18 regional planning agency report; however, the regional
19 planning agency may attach dissenting views. When water
20 management district and Department of Environmental Protection
21 permits have been issued pursuant to chapter 373 or chapter
22 403, the regional planning council may comment on the regional
23 implications of the permits but may not offer conflicting
24 recommendations.
25 (c) The regional planning agency shall afford the
26 developer or any substantially affected party reasonable
27 opportunity to present evidence to the regional planning
28 agency head relating to the proposed regional agency report
29 and recommendations.
30 (d) When the location of a proposed development
31 involves land within the boundaries of multiple regional
111
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 planning councils, the state land planning agency shall
2 designate a lead regional planning council. The lead regional
3 planning council shall prepare the regional report.
4 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
5 (c) The development order shall include findings of
6 fact and conclusions of law consistent with subsections (13)
7 and (14). The development order:
8 1. Shall specify the monitoring procedures and the
9 local official responsible for assuring compliance by the
10 developer with the development order.
11 2. Shall establish compliance dates for the
12 development order, including a deadline for commencing
13 physical development and for compliance with conditions of
14 approval or phasing requirements, and shall include a
15 termination date that reasonably reflects the time required to
16 complete the development.
17 3. Shall establish a date until which the local
18 government agrees that the approved development of regional
19 impact shall not be subject to downzoning, unit density
20 reduction, or intensity reduction, unless the local government
21 can demonstrate that substantial changes in the conditions
22 underlying the approval of the development order have occurred
23 or the development order was based on substantially inaccurate
24 information provided by the developer or that the change is
25 clearly established by local government to be essential to the
26 public health, safety, or welfare.
27 4. Shall specify the requirements for the biennial
28 annual report designated under subsection (18), including the
29 date of submission, parties to whom the report is submitted,
30 and contents of the report, based upon the rules adopted by
31 the state land planning agency. Such rules shall specify the
112
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 scope of any additional local requirements that may be
2 necessary for the report.
3 5. May specify the types of changes to the development
4 which shall require submission for a substantial deviation
5 determination under subsection (19).
6 6. Shall include a legal description of the property.
7 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
8 submit a biennial an annual report on the development of
9 regional impact to the local government, the regional planning
10 agency, the state land planning agency, and all affected
11 permit agencies in alternate years on the date specified in
12 the development order, unless the development order by its
13 terms requires more frequent monitoring. If the annual report
14 is not received, the regional planning agency or the state
15 land planning agency shall notify the local government. If
16 the local government does not receive the annual report or
17 receives notification that the regional planning agency or the
18 state land planning agency has not received the report, the
19 local government shall request in writing that the developer
20 submit the report within 30 days. The failure to submit the
21 report after 30 days shall result in the temporary suspension
22 of the development order by the local government. If no
23 additional development pursuant to the development order has
24 occurred since the submission of the previous report, then a
25 letter from the developer stating that no development has
26 occurred shall satisfy the requirement for a report.
27 Development orders that require annual reports may be amended
28 to require biennial reports at the option of the local
29 government.
30 (19) SUBSTANTIAL DEVIATIONS.--
31 (b) Any proposed change to a previously approved
113
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 development of regional impact or development order condition
2 which, either individually or cumulatively with other changes,
3 exceeds any of the following criteria shall constitute a
4 substantial deviation and shall cause the development to be
5 subject to further development-of-regional-impact review
6 without the necessity for a finding of same by the local
7 government:
8 1. An increase in the number of parking spaces at an
9 attraction or recreational facility by 5 percent or 300
10 spaces, whichever is greater, or an increase in the number of
11 spectators that may be accommodated at such a facility by 5
12 percent or 1,000 spectators, whichever is greater.
13 2. A new runway, a new terminal facility, a 25-percent
14 lengthening of an existing runway, or a 25-percent increase in
15 the number of gates of an existing terminal, but only if the
16 increase adds at least three additional gates. However, if an
17 airport is located in two counties, a 10-percent lengthening
18 of an existing runway or a 20-percent increase in the number
19 of gates of an existing terminal is the applicable criteria.
20 3. An increase in the number of hospital beds by 5
21 percent or 60 beds, whichever is greater.
22 4. An increase in industrial development area by 5
23 percent or 32 acres, whichever is greater.
24 5. An increase in the average annual acreage mined by
25 5 percent or 10 acres, whichever is greater, or an increase in
26 the average daily water consumption by a mining operation by 5
27 percent or 300,000 gallons, whichever is greater. An increase
28 in the size of the mine by 5 percent or 750 acres, whichever
29 is less.
30 6. An increase in land area for office development by
31 5 percent or 6 acres, whichever is greater, or an increase of
114
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 gross floor area of office development by 5 percent or 60,000
2 gross square feet, whichever is greater.
3 7. An increase in the storage capacity for chemical or
4 petroleum storage facilities by 5 percent, 20,000 barrels, or
5 7 million pounds, whichever is greater.
6 8. An increase of development at a waterport of wet
7 storage for 20 watercraft, dry storage for 30 watercraft, or
8 wet/dry storage for 60 watercraft in an area identified in the
9 state marina siting plan as an appropriate site for additional
10 waterport development or a 5-percent increase in watercraft
11 storage capacity, whichever is greater.
12 9. An increase in the number of dwelling units by 5
13 percent or 50 dwelling units, whichever is greater.
14 10. An increase in commercial development by 6 acres
15 of land area or by 50,000 square feet of gross floor area, or
16 of parking spaces provided for customers for 300 cars or a
17 5-percent increase of either any of these, whichever is
18 greater.
19 11. An increase in hotel or motel facility units by 5
20 percent or 75 units, whichever is greater.
21 12. An increase in a recreational vehicle park area by
22 5 percent or 100 vehicle spaces, whichever is less.
23 13. A decrease in the area set aside for open space of
24 5 percent or 20 acres, whichever is less.
25 14. A proposed increase to an approved multiuse
26 development of regional impact where the sum of the increases
27 of each land use as a percentage of the applicable substantial
28 deviation criteria is equal to or exceeds 100 percent. The
29 percentage of any decrease in the amount of open space shall
30 be treated as an increase for purposes of determining when 100
31 percent has been reached or exceeded.
115
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 15. A 15-percent increase in the number of external
2 vehicle trips generated by the development above that which
3 was projected during the original
4 development-of-regional-impact review.
5 16. Any change which would result in development of
6 any area which was specifically set aside in the application
7 for development approval or in the development order for
8 preservation or special protection of endangered or threatened
9 plants or animals designated as endangered, threatened, or
10 species of special concern and their habitat, primary dunes,
11 or archaeological and historical sites designated as
12 significant by the Division of Historical Resources of the
13 Department of State. The further refinement of such areas by
14 survey shall be considered under sub-subparagraph (e)5.b.
15
16 The substantial deviation numerical standards in subparagraphs
17 4., 6., 10., 14., excluding residential uses, and 15., are
18 increased by 100 percent for a project certified under s.
19 403.973 which creates jobs and meets criteria established by
20 the Office of Tourism, Trade, and Economic Development as to
21 its impact on an area's economy, employment, and prevailing
22 wage and skill levels. The substantial deviation numerical
23 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
24 increased by 50 percent for a project located wholly within an
25 urban infill and redevelopment area designated on the
26 applicable adopted local comprehensive plan future land use
27 map and not located within the coastal high hazard area.
28 (c) An extension of the date of buildout of a
29 development, or any phase thereof, by 7 or more years shall be
30 presumed to create a substantial deviation subject to further
31 development-of-regional-impact review. An extension of 6 years
116
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 or more, but less than 7 years, shall be presumed not to
2 create a substantial deviation. An extension of the date of
3 buildout, or any phase thereof, of 5 years or more but less
4 than 7 years shall be presumed not to create a substantial
5 deviation. These presumptions may be rebutted by clear and
6 convincing evidence at the public hearing held by the local
7 government. An extension of the date of buildout, or any phase
8 thereof, of less than 6 5 years is not a substantial
9 deviation. For the purpose of calculating when a buildout,
10 phase, or termination date has been exceeded, the time shall
11 be tolled during the pendency of administrative or judicial
12 proceedings relating to development permits. Any extension of
13 the buildout date of a project or a phase thereof shall
14 automatically extend the commencement date of the project, the
15 termination date of the development order, the expiration date
16 of the development of regional impact, and the phases thereof
17 by a like period of time.
18 (e)1. A proposed change which, either individually or,
19 if there were previous changes, cumulatively with those
20 changes, is equal to or exceeds 40 percent of any numerical
21 criterion in subparagraphs (b)1.-15., but which does not
22 exceed such criterion, shall be presumed not to create a
23 substantial deviation subject to further
24 development-of-regional-impact review. The presumption may be
25 rebutted by clear and convincing evidence at the public
26 hearing held by the local government pursuant to subparagraph
27 (f)5.
28 2. Except for a development order rendered pursuant to
29 subsection (22) or subsection (25), a proposed change to a
30 development order that individually or cumulatively with any
31 previous change is less than 40 percent of any numerical
117
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 criterion contained in subparagraphs (b)1.-15. and does not
2 exceed any other criterion, or that involves an extension of
3 the buildout date of a development, or any phase thereof, of
4 less than 6 5 years is not a substantial deviation, is not
5 subject to the public hearing requirements of subparagraph
6 (f)3., and is not subject to a determination pursuant to
7 subparagraph (f)5. Notice of the proposed change shall be
8 made to the regional planning council and the state land
9 planning agency. Such notice shall include a description of
10 previous individual changes made to the development, including
11 changes previously approved by the local government, and shall
12 include appropriate amendments to the development order.
13 2. The following changes, individually or cumulatively
14 with any previous changes, are not substantial deviations:
15 a. Changes in the name of the project, developer,
16 owner, or monitoring official.
17 b. Changes to a setback that do not affect noise
18 buffers, environmental protection or mitigation areas, or
19 archaeological or historical resources.
20 c. Changes to minimum lot sizes.
21 d. Changes in the configuration of internal roads that
22 do not affect external access points.
23 e. Changes to the building design or orientation that
24 stay approximately within the approved area designated for
25 such building and parking lot, and which do not affect
26 historical buildings designated as significant by the Division
27 of Historical Resources of the Department of State.
28 f. Changes to increase the acreage in the development,
29 provided that no development is proposed on the acreage to be
30 added.
31 g. Changes to eliminate an approved land use, provided
118
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 that there are no additional regional impacts.
2 h. Changes required to conform to permits approved by
3 any federal, state, or regional permitting agency, provided
4 that these changes do not create additional regional impacts.
5 i. Any renovation or redevelopment of development
6 within a previously approved development of regional impact
7 which does not change land use or increase density or
8 intensity of use.
9 (j)i. Any other change which the state land planning
10 agency agrees in writing is similar in nature, impact, or
11 character to the changes enumerated in sub-subparagraphs a.-i.
12 a.-h. and which does not create the likelihood of any
13 additional regional impact.
14
15 This subsection does not require a development order amendment
16 for any change listed in sub-subparagraphs a.-j. a.-i. unless
17 such issue is addressed either in the existing development
18 order or in the application for development approval, but, in
19 the case of the application, only if, and in the manner in
20 which, the application is incorporated in the development
21 order.
22 3. Except for the change authorized by
23 sub-subparagraph 2.f., any addition of land not previously
24 reviewed or any change not specified in paragraph (b) or
25 paragraph (c) shall be presumed to create a substantial
26 deviation. This presumption may be rebutted by clear and
27 convincing evidence.
28 4. Any submittal of a proposed change to a previously
29 approved development shall include a description of individual
30 changes previously made to the development, including changes
31 previously approved by the local government. The local
119
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 government shall consider the previous and current proposed
2 changes in deciding whether such changes cumulatively
3 constitute a substantial deviation requiring further
4 development-of-regional-impact review.
5 5. The following changes to an approved development of
6 regional impact shall be presumed to create a substantial
7 deviation. Such presumption may be rebutted by clear and
8 convincing evidence.
9 a. A change proposed for 15 percent or more of the
10 acreage to a land use not previously approved in the
11 development order. Changes of less than 15 percent shall be
12 presumed not to create a substantial deviation.
13 b. Except for the types of uses listed in subparagraph
14 (b)16., any change which would result in the development of
15 any area which was specifically set aside in the application
16 for development approval or in the development order for
17 preservation, buffers, or special protection, including
18 habitat for plant and animal species, archaeological and
19 historical sites, dunes, and other special areas.
20 c. Notwithstanding any provision of paragraph (b) to
21 the contrary, a proposed change consisting of simultaneous
22 increases and decreases of at least two of the uses within an
23 authorized multiuse development of regional impact which was
24 originally approved with three or more uses specified in s.
25 380.0651(3)(c), (d), (f), and (g) and residential use.
26 (f)1. The state land planning agency shall establish
27 by rule standard forms for submittal of proposed changes to a
28 previously approved development of regional impact which may
29 require further development-of-regional-impact review. At a
30 minimum, the standard form shall require the developer to
31 provide the precise language that the developer proposes to
120
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 delete or add as an amendment to the development order.
2 2. The developer shall submit, simultaneously, to the
3 local government, the regional planning agency, and the state
4 land planning agency the request for approval of a proposed
5 change.
6 3. No sooner than 30 days but no later than 45 days
7 after submittal by the developer to the local government, the
8 state land planning agency, and the appropriate regional
9 planning agency, the local government shall give 15 days'
10 notice and schedule a public hearing to consider the change
11 that the developer asserts does not create a substantial
12 deviation. This public hearing shall be held within 90 days
13 after submittal of the proposed changes, unless that time is
14 extended by the developer.
15 4. The appropriate regional planning agency or the
16 state land planning agency shall review the proposed change
17 and, no later than 45 days after submittal by the developer of
18 the proposed change, unless that time is extended by the
19 developer, and prior to the public hearing at which the
20 proposed change is to be considered, shall advise the local
21 government in writing whether it objects to the proposed
22 change, shall specify the reasons for its objection, if any,
23 and shall provide a copy to the developer. A change which is
24 subject to the substantial deviation criteria specified in
25 sub-subparagraph (e)5.c. shall not be subject to this
26 requirement.
27 5. At the public hearing, the local government shall
28 determine whether the proposed change requires further
29 development-of-regional-impact review. The provisions of
30 paragraphs (a) and (e), the thresholds set forth in paragraph
31 (b), and the presumptions set forth in paragraphs (c) and (d)
121
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
2 applicable in determining whether further
3 development-of-regional-impact review is required.
4 6. If the local government determines that the
5 proposed change does not require further
6 development-of-regional-impact review and is otherwise
7 approved, or if the proposed change is not subject to a
8 hearing and determination pursuant to subparagraphs 3. and 5.
9 and is otherwise approved, the local government shall issue an
10 amendment to the development order incorporating the approved
11 change and conditions of approval relating to the change. The
12 decision of the local government to approve, with or without
13 conditions, or to deny the proposed change that the developer
14 asserts does not require further review shall be subject to
15 the appeal provisions of s. 380.07. However, the state land
16 planning agency may not appeal the local government decision
17 if it did not comply with subparagraph 4. The state land
18 planning agency may not appeal a change to a development order
19 made pursuant to subparagraph (e)1. or subparagraph (e)2. for
20 developments of regional impact approved after January 1,
21 1980, unless the change would result in a significant impact
22 to a regionally significant archaeological, historical, or
23 natural resource not previously identified in the original
24 development-of-regional-impact review.
25 (24) STATUTORY EXEMPTIONS.--
26 (i) Any proposed facility for the storage of any
27 petroleum product or any expansion of an existing facility is
28 exempt from the provisions of this section, if the facility is
29 consistent with a local comprehensive plan that is in
30 compliance with s. 163.3177 or is consistent with a
31 comprehensive port master plan that is in compliance with s.
122
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 163.3178.
2 (j) Any renovation or redevelopment within the same
3 land parcel which does not change land use or increase density
4 or intensity of use.
5 Section 32. Paragraphs (d) and (f) of subsection (3)
6 of section 380.0651, Florida Statutes, are amended to read:
7 380.0651 Statewide guidelines and standards.--
8 (3) The following statewide guidelines and standards
9 shall be applied in the manner described in s. 380.06(2) to
10 determine whether the following developments shall be required
11 to undergo development-of-regional-impact review:
12 (d) Office development.--Any proposed office building
13 or park operated under common ownership, development plan, or
14 management that:
15 1. Encompasses 300,000 or more square feet of gross
16 floor area; or
17 2. Has a total site size of 30 or more acres; or
18 3. Encompasses more than 600,000 square feet of gross
19 floor area in a county with a population greater than 500,000
20 and only in a geographic area specifically designated as
21 highly suitable for increased threshold intensity in the
22 approved local comprehensive plan and in the strategic
23 regional policy plan.
24 (f) Retail and service development.--Any proposed
25 retail, service, or wholesale business establishment or group
26 of establishments which deals primarily with the general
27 public onsite, operated under one common property ownership,
28 development plan, or management that:
29 1. Encompasses more than 400,000 square feet of gross
30 area; or
31 2. Occupies more than 40 acres of land; or
123
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 3. Provides parking spaces for more than 2,500 cars.
2 Section 33. (1) Nothing contained in this act
3 abridges or modifies any vested or other right or any duty or
4 obligation pursuant to any development order or agreement that
5 is applicable to a development of regional impact on the
6 effective date of this act. A development that has received a
7 development-of-regional-impact development order pursuant to
8 section 380.06, Florida Statutes, but is no longer required to
9 undergo development-of-regional-impact review by operation of
10 this act, shall be governed by the following procedures:
11 (a) The development shall continue to be governed by
12 the development-of-regional-impact development order and may
13 be completed in reliance upon and pursuant to the development
14 order. The development-of-regional-impact development order
15 may be enforced by the local government as provided by
16 sections 380.06(17) and 380.11, Florida Statutes.
17 (b) If requested by the developer or landowner, the
18 development-of-regional-impact development order may be
19 abandoned pursuant to the process in s. 380.06(26).
20 (2) A development with an application for development
21 approval pending, and determined sufficient pursuant to
22 section 380.06(10), Florida Statutes, on the effective date of
23 this act, or a notification of proposed change pending on the
24 effective date of this act, may elect to continue such review
25 pursuant to section 380.06, Florida Statutes. At the
26 conclusion of the pending review, including any appeals
27 pursuant to section 380.07, Florida Statutes, the resulting
28 development order shall be governed by the provisions of
29 subsection (1).
30 Section 34. Subsection (6) is added to s. 163.3194,
31 Florida Statutes, to read:
124
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 163.3194 Legal status of comprehensive plan.--
2 (1)(a) After a comprehensive plan, or element or
3 portion thereof, has been adopted in conformity with this act,
4 all development undertaken by, and all actions taken in regard
5 to development orders by, governmental agencies in regard to
6 land covered by such plan or element shall be consistent with
7 such plan or element as adopted.
8 (b) All land development regulations enacted or
9 amended shall be consistent with the adopted comprehensive
10 plan, or element or portion thereof, and any land development
11 regulations existing at the time of adoption which are not
12 consistent with the adopted comprehensive plan, or element or
13 portion thereof, shall be amended so as to be consistent. If
14 a local government allows an existing land development
15 regulation which is inconsistent with the most recently
16 adopted comprehensive plan, or element or portion thereof, to
17 remain in effect, the local government shall adopt a schedule
18 for bringing the land development regulation into conformity
19 with the provisions of the most recently adopted comprehensive
20 plan, or element or portion thereof. During the interim
21 period when the provisions of the most recently adopted
22 comprehensive plan, or element or portion thereof, and the
23 land development regulations are inconsistent, the provisions
24 of the most recently adopted comprehensive plan, or element or
25 portion thereof, shall govern any action taken in regard to an
26 application for a development order.
27 (2) After a comprehensive plan for the area, or
28 element or portion thereof, is adopted by the governing body,
29 no land development regulation, land development code, or
30 amendment thereto shall be adopted by the governing body until
31 such regulation, code, or amendment has been referred either
125
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 to the local planning agency or to a separate land development
2 regulation commission created pursuant to local ordinance, or
3 to both, for review and recommendation as to the relationship
4 of such proposal to the adopted comprehensive plan, or element
5 or portion thereof. Said recommendation shall be made within a
6 reasonable time, but no later than within 2 months after the
7 time of reference. If a recommendation is not made within the
8 time provided, then the governing body may act on the
9 adoption.
10 (3)(a) A development order or land development
11 regulation shall be consistent with the comprehensive plan if
12 the land uses, densities or intensities, and other aspects of
13 development permitted by such order or regulation are
14 compatible with and further the objectives, policies, land
15 uses, and densities or intensities in the comprehensive plan
16 and if it meets all other criteria enumerated by the local
17 government.
18 (b) A development approved or undertaken by a local
19 government shall be consistent with the comprehensive plan if
20 the land uses, densities or intensities, capacity or size,
21 timing, and other aspects of the development are compatible
22 with and further the objectives, policies, land uses, and
23 densities or intensities in the comprehensive plan and if it
24 meets all other criteria enumerated by the local government.
25 (4)(a) A court, in reviewing local governmental action
26 or development regulations under this act, may consider, among
27 other things, the reasonableness of the comprehensive plan, or
28 element or elements thereof, relating to the issue justiciably
29 raised or the appropriateness and completeness of the
30 comprehensive plan, or element or elements thereof, in
31 relation to the governmental action or development regulation
126
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 under consideration. The court may consider the relationship
2 of the comprehensive plan, or element or elements thereof, to
3 the governmental action taken or the development regulation
4 involved in litigation, but private property shall not be
5 taken without due process of law and the payment of just
6 compensation.
7 (b) It is the intent of this act that the
8 comprehensive plan set general guidelines and principles
9 concerning its purposes and contents and that this act shall
10 be construed broadly to accomplish its stated purposes and
11 objectives.
12 (5) The tax-exempt status of lands classified as
13 agricultural under s. 193.461 shall not be affected by any
14 comprehensive plan adopted under this act as long as the land
15 meets the criteria set forth in s. 193.461.
16 (6) If a proposed solid waste management facility is
17 permitted by the Department of Environmental Protection to
18 receive materials from the construction or demolition of a
19 road or other transportation facility, a local government may
20 not deny an application for a development approval for a
21 requested land use that would accommodate such a facility,
22 provided the local government previously approved a land use
23 classification change to a local comprehensive plan or
24 approved a rezoning to a category allowing such land use on
25 the parcel, and the requested land use was disclosed during
26 the previous comprehensive plan or rezoning hearing as being
27 an express purpose of the land use changes.
28 Section 35. It is the intent of the Legislature that
29 section 14 or section 33 of this act shall not affect the
30 outcome of any litigation pending on the effective date of
31 this act, including any future appeals. It is the further
127
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 intent of the Legislature that section 14 or section 33 of
2 this act do not serve as legal authority support of any party
3 to such litigation or any appeal thereof.
4 Section 36. It is the intent of the Legislature that
5 section 19 of this act shall not affect the outcome of
6 Pinecrest Lakes, Inc. v. Schidel, 795 So.2d 191 (Fla. 4th DCA
7 2001), rehearing denied, 802 So.2d 486.
8 Section 37. The Legislature finds that the integration
9 of the growth management system and the planning of public
10 educational facilities is a matter of great public importance.
11
12 (Redesignate subsequent sections.)
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 1, line 2, delete that line
18
19 and insert:
20 An act relating to growth management; amending
21 s. 163.3174, F.S.; requiring that the
22 membership of all local planning agencies or
23 equivalent agencies that review comprehensive
24 plan amendments and rezonings include a
25 nonvoting representative of the district school
26 board; amending s. 163.3177, F.S.; revising
27 elements of comprehensive plans; revising
28 provisions governing the regulation of
29 intensity of use in the future land use map;
30 providing for intergovernmental coordination
31 between local governments and district school
128
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 boards where a public-school-facilities element
2 has been adopted; requiring certain local
3 governments to prepare an inventory of
4 service-delivery interlocal agreements;
5 requiring local governments to provide the
6 Legislature with recommendations regarding
7 annexation; requiring local governments to
8 consider water-supply data and analysis in
9 their potable-water and conservation elements;
10 repealing s. 163.31775, F.S., which provides
11 for intergovernmental coordination element
12 rules; creating s. 163.31776, F.S.; providing
13 legislative intent and findings with respect to
14 a public educational facilities element;
15 providing for certain municipalities to be
16 exempt; requiring that the public educational
17 facilities element include certain provisions;
18 providing requirements for future land-use
19 maps; providing a process for adopting the
20 public educational facilities element; creating
21 s.163.31777, F.S.; requiring certain local
22 governments and school boards to enter into a
23 public schools interlocal agreement; providing
24 a schedule; providing for the content of the
25 interlocal agreement; providing a waiver
26 procedure associated with school districts
27 having decreasing student population; providing
28 a procedure for adoption and administrative
29 challenge; providing sanctions for the failure
30 to enter an interlocal agreement; providing
31 that a public school's interlocal agreement may
129
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 only establish interlocal coordination
2 procedures unless specific goals, objectives,
3 and policies contained in the agreement are
4 incorporated into the plan; amending s.
5 163.3180, F.S.; providing an exemption from
6 concurrency for certain urban infill areas;
7 amending s. 163.3184, F.S.; revising
8 definitions; revising provisions governing the
9 process for adopting comprehensive plans and
10 plan amendments; amending s. 163.3187, F.S.;
11 conforming a cross-reference; authorizing the
12 adoption of a public educational facilities
13 element, notwithstanding certain limitations;
14 amending s. 163.3191, F.S., relating to
15 evaluation and appraisal of comprehensive
16 plans; conforming provisions to changes made by
17 the act; requiring an evaluation of whether the
18 potable-water element considers the appropriate
19 water management district's regional water
20 supply plan and includes a workplan for
21 building new water supply facilities; requiring
22 local governments within coastal high-hazard
23 areas to address certain issues in the
24 evaluation and appraisal of their comprehensive
25 plans; amending s. 163.3215, F.S.; revising the
26 methods for challenging the consistency of a
27 development order with a comprehensive plan;
28 redefining the term "aggrieved or adversely
29 affected party"; creating s. 163.3246, F.S.;
30 creating a Local Government Comprehensive
31 Planning certification Program to be
130
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 administered by the Department of Community
2 Affairs; defining the purpose of the
3 certification area to designate areas that are
4 appropriate for urban growth within a 10-year
5 timeframe; providing for certification
6 criteria; specifying the contents of the
7 certification agreement; providing evaluation
8 criteria; authorizing the Department of
9 Community Affairs to adopt procedural rules;
10 providing for the revocation of certification
11 agreements; providing for the rights of
12 affected persons to challenge local government
13 compliance with certification agreements;
14 eliminating state and regional review of
15 certain local comprehensive plan amendments
16 within certified areas; providing exceptions;
17 providing for the periodic review of a local
18 government's certification by the Department of
19 Community Affairs; requiring the submission of
20 biennial reports to the Governor and
21 Legislature; providing for review of the
22 certification program by the Office of Program
23 Policy Analysis and Government Accountability;
24 amending s. 186.504, F.S.; adding an elected
25 school board member to the membership of each
26 regional planning council; amending s. 212.055,
27 F.S.; providing for the levy of the
28 infrastructure sales surtax and the school
29 capital outlay surtax by a two-thirds vote and
30 requiring certain educational facility planning
31 prior to the levy of the school capital outlay
131
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 surtax; providing for the uses of the surtax
2 proceeds; amending s. 235.002, F.S.; revising
3 legislative intent; reenacting and amending s.
4 235.15, F.S.; revising requirements for
5 educational plant surveys; revising
6 requirements for review and validation of such
7 surveys; amending s. 235.175, F.S.; requiring
8 school districts to adopt educational
9 facilities plans; amending s. 235.18, F.S.,
10 relating to capital outlay budgets of school
11 boards; conforming provisions; amending s.
12 235.185, F.S.; requiring school district
13 educational facilities plans; providing
14 definitions; specifying projections and other
15 information to be included in the plans;
16 providing requirements for the plans; requiring
17 district school boards to submit a tentative
18 plan to the local government; providing for
19 adopting and executing the plans; creating s.
20 235.1851, F.S.; providing legislative intent;
21 authorizing the creation of educational
22 facilities benefit districts pursuant to
23 interlocal agreement; providing for creation of
24 an educational facilities benefit district
25 through adoption of an ordinance; specifying
26 content of such ordinances; providing for the
27 creating entity to be the local general purpose
28 government within whose boundaries a majority
29 of the educational facilities benefit
30 district's lands are located; providing that
31 educational facilities benefit districts may
132
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 only be created with the consent of the
2 district school board, all affected local
3 general purpose governments, and all landowners
4 within the district; providing for the
5 membership of the governing boards of
6 educational facilities benefit districts;
7 providing the powers of educational facilities
8 benefit districts; authorizing community
9 development districts, created pursuant to ch.
10 190, F.S., to be eligible for financial
11 enhancements available to educational
12 facilities benefit districts; conditioning such
13 eligibility upon the establishment of an
14 interlocal agreement; creating s. 235.1852,
15 F.S.; providing funding for educational
16 facilities benefit districts and community
17 development districts; creating s. 235.1853,
18 F.S.; providing for the utilization of
19 educational facilities built pursuant to this
20 act; amending s. 235.188, F.S.; conforming
21 provisions; amending s. 235.19, F.S.; providing
22 that site planning and selection must be
23 consistent with interlocal agreements entered
24 between local governments and school boards;
25 amending s. 235.193, F.S.; requiring school
26 districts to enter certain interlocal
27 agreements with local governments; providing a
28 schedule; providing for the content of the
29 interlocal agreement; providing a waiver
30 procedure associated with school districts
31 having decreasing student population; providing
133
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 a procedure for adoption and administrative
2 challenge; providing sanctions for failure to
3 enter an agreement; providing that a public
4 school's interlocal agreement may not be used
5 by a local government as the sole basis for
6 denying a comprehensive plan amendment or
7 development order; providing requirements for
8 preparing a district educational facilities
9 report; repealing s. 235.194, F.S., relating to
10 the general educational facilities report;
11 amending s. 235.218, F.S.; requiring the SMART
12 Schools Clearinghouse to adopt measures for
13 evaluating the school district educational
14 facilities plans; amending s. 235.2197, F.S.;
15 correcting a statutory cross-reference;
16 amending ss. 235.321, 236.25, F.S.; conforming
17 provisions; amending s. 380.04, F.S.; revising
18 the definition of "development" with regard to
19 operations that do not involve development to
20 include federal interstate highways and the
21 transmission of electricity within an existing
22 right-of-way; amending s. 380.06, F.S.,
23 relating to developments of regional impact;
24 removing a rebuttable presumption with respect
25 to application of the statewide guidelines and
26 standards and revising the fixed thresholds;
27 providing for designation of a lead regional
28 planning council; providing for submission of
29 biennial, rather than annual, reports by the
30 developer; authorizing submission of a letter,
31 rather than a report, under certain
134
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 circumstances; providing for amendment of
2 development orders with respect to report
3 frequency; revising provisions governing
4 substantial deviation standards for
5 developments of regional impact; providing that
6 an extension of the date of buildout of less
7 than 6 years is not a substantial deviation;
8 providing that certain renovation or
9 redevelopment of a previously approved
10 development of regional impact is not a
11 substantial deviation; providing a statutory
12 exemption from the
13 development-of-regional-impact process for
14 petroleum storage facilities and certain
15 renovation or redevelopment; amending s.
16 380.0651, F.S.; revising the guidelines and
17 standards for office development, and retail
18 and service development; providing application
19 with respect to developments that have received
20 a development-of-regional-impact development
21 order or that have an application for
22 development approval or notification of
23 proposed change pending; amending s. 163.3194,
24 F.S.; providing that a local government shall
25 not deny an application for a development
26 approval for a requested land use for certain
27 approved solid waste management facilities that
28 have previously received a land use
29 classification change allowing the requested
30 land use on the same property; providing
31 legislative intent with respect to the
135
11:02 AM 03/21/02 h1341c1c-09m0a
SENATE AMENDMENT
Bill No. CS/HB 1341, 2nd Eng.
Amendment No. ___ Barcode 322050
1 inapplicability of specified portions of the
2 act to pending litigation or future appeals;
3 providing a legislative finding that the act is
4 a matter of great public importance;
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
136
11:02 AM 03/21/02 h1341c1c-09m0a