Senate Bill sb1876
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Florida Senate - 2002 SB 1876
By Senator Brown-Waite
10-1503-02 See HB 753
1 A bill to be entitled
2 An act relating to coordination between
3 district school boards and local governments;
4 amending s. 163.3177, F.S.; requiring local
5 governments and district school boards to enter
6 into certain interlocal agreements; creating s.
7 163.31776, F.S.; requiring local governments
8 and district school boards to enter into
9 certain interlocal agreements for certain
10 purposes; providing requirements, procedures,
11 and criteria; requiring the state land planning
12 agency to provide certain model agreements;
13 specifying contents of such agreements;
14 requiring submittal of such agreements for
15 review by the the state land planning agency,
16 the Office of Educational Facilities, and the
17 SMART Schools Clearinghouse; providing for
18 review procedures; requiring publication of
19 certain notice; providing for administrative
20 actions under certain circumstances; providing
21 for consequences for failure to enter into such
22 agreements or timely submit such agreements for
23 review; providing exceptions; amending s.
24 235.19, F.S.; revising certain site planning
25 and selection criteria; amending s. 235.193,
26 F.S.; requiring local governments and district
27 school boards to enter into certain interlocal
28 agreements for certain purposes; specifying
29 contents of such agreements; requiring
30 submittal of such agreements for review by the
31 state land planning agency, the Office of
1
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Florida Senate - 2002 SB 1876
10-1503-02 See HB 753
1 Educational Facilities, and the SMART Schools
2 Clearinghouse; providing for review procedures;
3 requiring publication of certain notice;
4 providing for administrative actions under
5 certain circumstances; providing for
6 consequences for failure to enter into such
7 agreements or timely submit such agreements for
8 review; providing exceptions; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (h) of subsection (6) of section
14 163.3177, Florida Statutes, is amended to read:
15 163.3177 Required and optional elements of
16 comprehensive plan; studies and surveys.--
17 (6) In addition to the requirements of subsections
18 (1)-(5), the comprehensive plan shall include the following
19 elements:
20 (h)1. An intergovernmental coordination element
21 showing relationships and stating principles and guidelines to
22 be used in the accomplishment of coordination of the adopted
23 comprehensive plan with the plans of school boards and other
24 units of local government providing services but not having
25 regulatory authority over the use of land, with the
26 comprehensive plans of adjacent municipalities, the county,
27 adjacent counties, or the region, and with the state
28 comprehensive plan, as the case may require and as such
29 adopted plans or plans in preparation may exist. This element
30 of the local comprehensive plan shall demonstrate
31 consideration of the particular effects of the local plan,
2
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Florida Senate - 2002 SB 1876
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1 when adopted, upon the development of adjacent municipalities,
2 the county, adjacent counties, or the region, or upon the
3 state comprehensive plan, as the case may require.
4 a. The intergovernmental coordination element shall
5 provide for procedures to identify and implement joint
6 planning areas, especially for the purpose of annexation,
7 municipal incorporation, and joint infrastructure service
8 areas.
9 b. The intergovernmental coordination element shall
10 provide for recognition of campus master plans prepared
11 pursuant to s. 240.155.
12 c. The intergovernmental coordination element may
13 provide for a voluntary dispute resolution process as
14 established pursuant to s. 186.509 for bringing to closure in
15 a timely manner intergovernmental disputes. A local
16 government may develop and use an alternative local dispute
17 resolution process for this purpose.
18 2. The intergovernmental coordination element shall
19 further state principles and guidelines to be used in the
20 accomplishment of coordination of the adopted comprehensive
21 plan with the plans of school boards and other units of local
22 government providing facilities and services but not having
23 regulatory authority over the use of land. In addition, the
24 intergovernmental coordination element shall describe joint
25 processes for collaborative planning and decisionmaking on
26 population projections and public school siting, the location
27 and extension of public facilities subject to concurrency, and
28 siting facilities with countywide significance, including
29 locally unwanted land uses whose nature and identity are
30 established in an agreement. Within 1 year of adopting their
31 intergovernmental coordination elements, each county, all the
3
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Florida Senate - 2002 SB 1876
10-1503-02 See HB 753
1 municipalities within that county, the district school board,
2 and any unit of local government service providers in that
3 county shall establish by interlocal or other formal agreement
4 executed by all affected entities, the joint processes
5 described in this subparagraph consistent with their adopted
6 intergovernmental coordination elements. To foster
7 intergovernmental coordination, local governments within a
8 school district and the district school board shall enter into
9 an interlocal agreement consistent with s. 163.31776.
10 3. To foster coordination between special districts
11 and local general-purpose governments as local general-purpose
12 governments implement local comprehensive plans, each
13 independent special district must submit a public facilities
14 report to the appropriate local government as required by s.
15 189.415.
16 4. 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 Section 2. Section 163.31776, Florida Statutes, is
26 created to read:
27 163.31776 Public schools interlocal agreement.--
28 (1) Each local government within a school district
29 shall enter into an interlocal agreement with the district
30 school board which jointly establishes the specific ways in
31 which the plans and processes of the district school board and
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Florida Senate - 2002 SB 1876
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1 the local government shall be coordinated. The interlocal
2 agreements shall be submitted to the state land planning
3 agency and the Office of Educational Facilities and the SMART
4 Schools Clearinghouse in accordance with a schedule published
5 by the state land planning agency. The schedule shall
6 establish staggered due dates for submission of interlocal
7 agreements executed by both the local government and the
8 district school board, commencing on March 1, 2003, and
9 concluding no later than December 1, 2004, and shall set a
10 single date for all governmental entities within a school
11 district. The schedule shall begin with those areas where the
12 number of district-wide capital outlay full-time equivalent
13 students equals 80 percent or more of the most recent current
14 year's school capacity and the projected 5-year student growth
15 is 1,000 or greater, or the projected 5-year student growth
16 rate is 10 percent or greater. Interlocal agreements between
17 local governments and district school boards adopted pursuant
18 to s. 163.3177 prior to the effective date of this act shall
19 be updated and executed pursuant to the requirements of this
20 section, if necessary. Amendments to interlocal agreements
21 adopted pursuant to this section shall be submitted to the
22 state land planning agency, within 30 days after execution, by
23 the parties for review consistent with this section. All local
24 governments within a school district and the district school
25 board are encouraged to adopt a single interlocal agreement to
26 which all join as parties. The state land planning agency
27 shall assemble and make available model interlocal agreements
28 meeting the requirements of this section; notify local
29 governments and, jointly with the Department of Education, the
30 district school boards of the requirements of this section,
31 the dates for compliance, and the sanctions for noncompliance;
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Florida Senate - 2002 SB 1876
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1 and be available to informally review proposed interlocal
2 agreements. If the state land planning agency has not received
3 a proposed interlocal agreement for informal review, the state
4 land planning agency shall, at least 60 days prior to the
5 deadline for submission of the executed agreement, renotify
6 the local government and the district school board of the
7 upcoming deadline and the potential for sanctions.
8 (2) At a minimum, the interlocal agreement shall
9 address the following issues:
10 (a) A process by which each local government and the
11 district school board agree and base their plans on consistent
12 projections of the amount, type, and distribution of
13 population growth and student enrollment. It is the intent of
14 the Legislature that the geographic distribution of
15 jurisdiction-wide growth forecasts be a major objective of the
16 process.
17 (b) A process to coordinate and share information
18 relating to existing and planned public school facilities,
19 including school renovations and closures, and local
20 government plans for development and redevelopment.
21 (c) Participation by affected local governments with
22 the district school board in the process to determine school
23 closures, significant renovations to existing schools, and new
24 school site selection prior to land acquisition. Local
25 governments shall advise the district school board as to the
26 consistency of the proposed closure, renovation, or new site
27 with the local comprehensive plan, including appropriate
28 circumstances and criteria under which a district school board
29 may request an amendment to the comprehensive plan for school
30 siting.
31
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Florida Senate - 2002 SB 1876
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1 (d) A process for determining the need for and timing
2 of onsite and offsite improvements to support new schools or a
3 proposed expansion or redevelopment of existing schools. The
4 process shall address identification of the party or parties
5 responsible for the improvements.
6 (e) Participation of the district school board in the
7 local government comprehensive plan amendment, rezoning, and
8 development approval processes. The interlocal agreement shall
9 express how the district school board will report on school
10 capacity available at the time of the projected impact on
11 schools. Such report shall be consistent with laws and rules
12 regarding measurement of school facility capacity. The report
13 shall also identify how the district school board anticipates
14 meeting the public school demand.
15 (f) Participation of the local governments in the
16 preparation of the annual update to the district school
17 board's 5-year district facilities work program and
18 educational plant survey.
19 (g) A process for determining where and how joint use
20 of either school board or local government facilities can be
21 shared for mutual benefit and efficiency.
22 (h) A procedure for resolving disputes between the
23 district school board and local governments within the school
24 district which may include the dispute resolution processes
25 contained in chapters 164 and 186.
26 (3) The Office of Educational Facilities and SMART
27 Schools Clearinghouse shall submit any comments or concerns
28 regarding the executed interlocal agreement to the state land
29 planning agency within 30 days after receipt of the executed
30 interlocal agreement. The state land planning agency shall
31 review the executed interlocal agreement to determine whether
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Florida Senate - 2002 SB 1876
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1 it is consistent with the requirements of subsection (2), the
2 adopted local government comprehensive plan, and other
3 requirements of law. Within 60 days after receipt of an
4 executed interlocal agreement, the state land planning agency
5 shall publish a notice of intent in the Florida Administrative
6 Weekly and shall post a copy of the notice on the agency's
7 Internet site. The notice of intent shall state that the
8 interlocal agreement is consistent or inconsistent with the
9 requirements of subsection (2), the adopted local government
10 comprehensive plan, and other requirements of law. The
11 agency's notice shall be an order subject to challenge under
12 the provisions of chapter 120 and the procedures in such
13 chapter shall be the sole means available to challenge the
14 consistency of an interlocal agreement required by this
15 section with the criteria contained in subsection (2), the
16 adopted local government comprehensive plan, and other
17 requirements of law. The district school board and local
18 governments shall be parties to any such proceeding. If the
19 department enters a final order which finds that the
20 interlocal agreement is inconsistent with the requirements of
21 subsection (2), the adopted local government comprehensive
22 plan, and other requirements of law, the department shall
23 forward the order to the Administration Commission which may
24 impose sanctions against the local government pursuant to s.
25 163.3184(11) and the commission may impose sanctions against
26 the district school board by directing the Department of
27 Education to withhold an equivalent amount of funds for school
28 construction available pursuant to ss. 235.187, 235.216,
29 235.2195, and 235.42.
30 (4) If an executed interlocal agreement is not timely
31 submitted for review, the state land planning agency shall,
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Florida Senate - 2002 SB 1876
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1 within 15 working days after the deadline for submittal, issue
2 to the local government and the district school board a notice
3 to show cause why sanctions should not be imposed for failure
4 to submit an executed interlocal agreement by the deadline
5 established by the agency. The agency shall forward the
6 notice and the responses to the Administration Commission
7 which may enter a final order citing the failure to comply and
8 imposing sanctions against the local government and district
9 school board by directing the appropriate agencies to withhold
10 at least 5 percent of state funds pursuant to s. 163.3184(11)
11 and by directing the Department of Education to withhold at
12 least 5 percent of funds for school construction available
13 pursuant to ss. 235.187, 235.216, 235.2195, and 235.42 from
14 the district school board.
15 (5) Any local government transmitting a public school
16 element to implement school concurrency pursuant to the
17 requirements of s. 163.3180 prior to the effective date of
18 this act shall not be required to amend the element or any
19 interlocal agreement to conform with the provisions of this
20 section, provided that the element is adopted after the
21 effective date of this act and remains effective.
22 (6)(a) Except as provided in paragraph (b),
23 municipalities having no established need for a new school
24 facility and meeting the following criteria shall be exempt
25 from the requirements of subsections (1) and (2):
26 1. The municipality has no public school located
27 within its boundaries.
28 2. The school district's 5-year facilities work
29 program and the long-term 10-year and 20-year work programs,
30 as provided in s. 235.185, demonstrate that no new school
31 facility in the municipality is required. In addition, the
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Florida Senate - 2002 SB 1876
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1 school board shall verify in writing that no new school
2 facility will be required in the municipality within the
3 5-year and 10-year timeframes.
4 (b) At the time of the evaluation and appraisal
5 report, each exempt municipality shall assess the extent to
6 which such municipality continues to meet the criteria in
7 paragraph (a) for exemption. If the municipality continues to
8 meet the criteria, and the school board verifies in writing
9 that no new school facilities will be required in such
10 municipality within the 5-year and 10-year timeframes, the
11 municipality shall continue to be exempt from the interlocal
12 agreement requirements of this section. Each municipality
13 exempt pursuant to paragraph (a) shall comply with the
14 provisions of subsections (1) and (2) no later than 1 year
15 after the school board proposes, within its 5-year district
16 facilities work program, a new school within the municipality.
17 Section 3. Subsections (2) and (3) of section 235.19,
18 Florida Statutes, are amended to read:
19 235.19 Site planning and selection.--
20 (2) Each new site selected must be adequate in size to
21 meet the educational needs of the students to be served on
22 that site by the original educational facility or future
23 expansions of the facility through renovation or the addition
24 of relocatables. The Commissioner of Education shall prescribe
25 by rule recommended sizes for new sites according to
26 categories of students to be housed and other appropriate
27 factors determined by the commissioner. Less-than-recommended
28 site sizes are allowed if the board, by a two-thirds majority,
29 recommends such a site and finds that it can provide an
30 appropriate and equitable educational program on the site.
31
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Florida Senate - 2002 SB 1876
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1 (3) Sites recommended for purchase, or purchased, in
2 accordance with chapter 230 or chapter 240 must meet standards
3 prescribed therein and such supplementary standards as the
4 commissioner prescribes to promote the educational interests
5 of the students. Each site must be well drained and suitable
6 for outdoor educational purposes as appropriate for the
7 educational program or colocated with facilities to serve such
8 purpose. As provided in s. 333.03, the site must not be
9 located within any path of flight approach of any airport.
10 Insofar as is practicable, the site must not adjoin a
11 right-of-way of any railroad or through highway and must not
12 be adjacent to any factory or other property from which noise,
13 odors, or other disturbances, or at which conditions, would be
14 likely to interfere with the educational program. To the
15 extent practicable, sites must be chosen which will provide
16 safe access from neighborhoods to schools.
17 Section 4. Section 235.193, Florida Statutes, is
18 amended to read:
19 235.193 Coordination of planning with local governing
20 bodies.--
21 (1) It is the policy of this state to require the
22 coordination of planning between boards and local governing
23 bodies to ensure that plans for the construction and opening
24 of public educational facilities are facilitated and
25 coordinated in time and place with plans for residential
26 development, concurrently with other necessary services. Such
27 planning shall include the integration of the educational
28 plant survey and applicable policies and procedures of a board
29 with the local comprehensive plan and land development
30 regulations of local governing bodies. The planning must
31 include the consideration of allowing students to attend the
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1 school located nearest their homes when a new housing
2 development is constructed near a county boundary and it is
3 more feasible to transport the students a short distance to an
4 existing facility in an adjacent county than to construct a
5 new facility or transport students longer distances in their
6 county of residence. The planning must also consider the
7 effects of the location of public education facilities,
8 including the feasibility of keeping central city facilities
9 viable, in order to encourage central city redevelopment and
10 the efficient use of infrastructure and to discourage
11 uncontrolled urban sprawl.
12 (2) The district school board shall enter into an
13 interlocal agreement with the county and the municipalities
14 within the school district which jointly establishes the
15 specific ways in which the plans and processes of the school
16 board and the local government shall be coordinated. All local
17 governments within a school district and the district school
18 board are encouraged to adopt a single interlocal agreement to
19 which all join as parties.
20 (3) At a minimum, the interlocal agreement shall
21 address the following issues:
22 (a) A process by which each local government and the
23 district school board agree and base their plans on consistent
24 projections of the amount, type, and distribution of
25 population growth and student enrollment for purposes of
26 determining the geographic distribution of jurisdiction-wide
27 growth forecasts.
28 (b) A process to coordinate and share information
29 relating to existing and planned public school facilities,
30 including school renovations and closures, and local
31 government plans for development and redevelopment.
12
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Florida Senate - 2002 SB 1876
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1 (c) Participation by affected local governments with
2 the district school board in the process to determine school
3 closures, significant renovations to existing schools, and new
4 school site selection prior to land acquisition. Local
5 governments shall advise the district school board as to the
6 consistency of the proposed closure, renovation, or new site
7 with the local comprehensive plan, including appropriate
8 circumstances and criteria under which a district school board
9 may request an amendment to the comprehensive plan for school
10 siting.
11 (d) A process for determining the need for and timing
12 of onsite and offsite improvements to support new schools or a
13 proposed expansion or redevelopment of existing schools. The
14 process shall address identification of the party or parties
15 responsible for the improvements.
16 (e) Participation of the district school board in the
17 local government comprehensive plan amendment, rezoning, and
18 development approval processes. The interlocal agreement shall
19 express how the district school board will report on school
20 capacity available at the time of the projected impact on
21 schools. Such report shall be consistent with laws and rules
22 regarding measurement of school facility capacity. The report
23 shall also identify how the district school board anticipates
24 meeting the public school demand.
25 (f) Participation of the local governments in the
26 preparation of the annual update to the district school
27 board's 5-year district facilities work program and
28 educational plant survey.
29 (g) A process for determining where and how joint use
30 of either school board or local government facilities can be
31 shared for mutual benefit and efficiency.
13
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Florida Senate - 2002 SB 1876
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1 (h) A procedure for resolving disputes between the
2 district school board and local governments within the school
3 district which may include the dispute resolution processes
4 contained in chapters 164 and 186.
5 (4) The Office of Educational Facilities and SMART
6 Schools Clearinghouse shall submit any comments or concerns
7 regarding the executed interlocal agreement to the state land
8 planning agency within 30 days after receipt of the executed
9 interlocal agreement. The state land planning agency shall
10 review the executed interlocal agreement to determine whether
11 it is consistent with the requirements of subsection (3), the
12 adopted local government comprehensive plan, and other
13 requirements of law. Within 60 days after receipt of an
14 executed interlocal agreement, the state land planning agency
15 shall publish a notice of intent in the Florida Administrative
16 Weekly and shall post a copy of the notice on the agency's
17 Internet site. The notice of intent shall state that the
18 interlocal agreement is consistent or inconsistent with the
19 requirements of subsection (3), the adopted local government
20 comprehensive plan, and other requirements of law. The
21 agency's notice shall be an order subject to challenge under
22 the provisions of chapter 120 and the procedures in such
23 chapter shall be the sole means available to challenge the
24 consistency of an interlocal agreement required by this
25 section with the criteria contained in subsection (3), the
26 adopted local government comprehensive plan, and other
27 requirements of law. The district school board and local
28 governments shall be parties to any such proceeding. If the
29 department enters a final order which finds that the
30 interlocal agreement is inconsistent with the requirements of
31 subsection (3), the adopted local government comprehensive
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1 plan, and other requirements of law, the department shall
2 forward the order to the Administration Commission which may
3 impose sanctions against the local government pursuant to s.
4 163.3184(11) and the commission may impose sanctions against
5 the district school board by directing the Department of
6 Education to withhold an equivalent amount of funds for school
7 construction available pursuant to ss. 235.187, 235.216,
8 235.2195, and 235.42.
9 (5) If an executed interlocal agreement is not timely
10 submitted for review, the state land planning agency shall,
11 within 15 working days after the deadline for submittal, issue
12 to the local government and the district school board a notice
13 to show cause why sanctions should not be imposed for failure
14 to submit an executed interlocal agreement by the deadline
15 established by the agency. The agency shall forward the
16 notice and the responses to the Administration Commission
17 which may enter a final order citing the failure to comply and
18 imposing sanctions against the local government and district
19 school board by directing the appropriate agencies to withhold
20 at least 5 percent of state funds pursuant to s. 163.3184(11)
21 and by directing the Department of Education to withhold at
22 least 5 percent of funds for school construction available
23 pursuant to ss. 235.187, 235.216, 235.2195, and 235.42 from
24 the district school board.
25 (6)(2) A school board and the local governing body
26 must share and coordinate information related to existing and
27 planned public school facilities; proposals for development,
28 redevelopment, or additional development; and infrastructure
29 required to support the public school facilities, concurrent
30 with proposed development. A school board shall use
31 information produced by the demographic, revenue, and
15
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Florida Senate - 2002 SB 1876
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1 education estimating conferences pursuant to s. 216.136
2 Department of Education enrollment projections when preparing
3 the 5-year district facilities work program pursuant to s.
4 235.185, as modified and agreed to by the local governments
5 pursuant to the provisions of an executed interlocal
6 agreement, and the Office of Educational Facilities and the
7 SMART Schools Clearinghouse, in and a school board shall
8 affirmatively demonstrate in the educational facilities report
9 consideration of local governments' population projections to
10 ensure that the 5-year work program not only reflects
11 enrollment projections but also considers applicable municipal
12 and county growth and development projections. The projections
13 must be apportioned geographically with assistance from the
14 local governments using local government trend data and the
15 school district student enrollment data. A school board is
16 precluded from siting a new school in a jurisdiction where the
17 school board has failed to provide the annual educational
18 facilities report for the prior year required pursuant to s.
19 235.194 unless the failure is corrected.
20 (7)(3) The location of public educational facilities
21 shall be consistent with the comprehensive plan of the
22 appropriate local governing body developed under part II of
23 chapter 163 and the plan's implementing land development
24 regulations, to the extent that the regulations are not in
25 conflict with or the subject regulated is not specifically
26 addressed by this chapter or the State Uniform Building Code,
27 unless mutually agreed by the local government and the board.
28 (8)(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 the interlocal
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1 agreement required by subsection (2), at least 60 days prior
2 to acquiring or leasing property that may be used for a new
3 public educational facility. The local government, upon
4 receipt of this notice, shall notify the board within 45 days
5 if the site proposed for acquisition or lease is consistent
6 with the land use categories and policies of the local
7 government's comprehensive plan. This preliminary notice does
8 not constitute the local government's determination of
9 consistency pursuant to subsection (9)(5).
10 (9)(5) As early in the design phase as feasible and
11 consistent with the interlocal agreement required by
12 subsection (2) but no later than 90 days prior to commencing
13 construction, the school board shall request, in writing, a
14 determination of consistency with the local government's
15 comprehensive plan., but at least before commencing
16 construction of a new public educational facility, The local
17 governing body that regulates the use of land shall determine,
18 in writing within 45 90 days after receiving the necessary
19 information and a school board's request for a determination,
20 whether a proposed public educational facility is consistent
21 with the local comprehensive plan and local land development
22 regulations, to the extent that the regulations are not in
23 conflict with or the subject regulated is not specifically
24 addressed by this chapter or the State Uniform Building Code,
25 unless mutually agreed. If the determination is affirmative,
26 school construction may commence proceed and further local
27 government approvals are not required, except as provided in
28 this section. Failure of the local governing body to make a
29 determination in writing within 45 90 days after a school
30 board's request for a determination of consistency shall be
31 considered an approval of the school board's application.
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1 (10)(6) A local governing body may not deny the site
2 applicant based on adequacy of the site plan as it relates
3 solely to the needs of the school. If the site is consistent
4 with the comprehensive plan's future land use policies and
5 categories in which public schools are identified as allowable
6 uses, the local government may not deny the application but it
7 may impose reasonable development standards and conditions in
8 accordance with s. 235.34(1) and consider the site plan and
9 its adequacy as it relates to environmental concerns, health,
10 safety and welfare, and effects on adjacent property.
11 Standards and conditions may not be imposed which conflict
12 with those established in this chapter or the Florida State
13 Uniform Building Code, unless mutually agreed and consistent
14 with the interlocal agreement required by subsection (2).
15 (11)(7) This section does not prohibit a local
16 governing body and district school board from agreeing and
17 establishing an alternative process for reviewing a proposed
18 educational facility and site plan, and offsite impacts
19 pursuant to an interlocal agreement adopted in accordance with
20 subsection (2).
21 (12)(8) Existing schools shall be considered
22 consistent with the applicable local government comprehensive
23 plan adopted under part II of chapter 163. The collocation of
24 a new proposed public educational facility with an existing
25 public educational facility, or the expansion of an existing
26 public educational facility is not inconsistent with the local
27 comprehensive plan, if the site is consistent with the
28 comprehensive plan's future land use policies and categories
29 in which public schools are identified as allowable uses, and
30 levels of service adopted by the local government for any
31 facilities affected by the proposed location for the new
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1 facility are maintained. If a board submits an application to
2 expand an existing school site, the local governing body may
3 impose reasonable development standards and conditions on the
4 expansion only, and in a manner consistent with s. 235.34(1).
5 Standards and conditions may not be imposed which conflict
6 with those established in this chapter or the Florida State
7 Uniform Building Code, unless mutually agreed. Local
8 government review or approval is not required for:
9 (a) The placement of temporary or portable classroom
10 facilities; or
11 (b) Proposed renovation or construction on existing
12 school sites, with the exception of construction that changes
13 the primary use of a facility, includes stadiums, or results
14 in a greater than 5 percent increase in student capacity, or
15 as mutually agreed pursuant to an interlocal agreement adopted
16 in accordance with subsection (2).
17 Section 5. This act shall take effect upon becoming a
18 law.
19
20 *****************************************
21 LEGISLATIVE SUMMARY
22
Requires local governments and district school boards to
23 enter into interlocal agreements to establish specific
ways in which the plans and processes of the district
24 school board and the local government are to be
coordinated. Specifies the contents of such agreements.
25 Specifies consequences for failure to enter into such
agreements. (See bill for details.)
26
27
28
29
30
31
19
CODING: Words stricken are deletions; words underlined are additions.