SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
CHAMBER ACTION
Senate House
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11 Senator Constantine moved the following amendment to House
12 amendment (154855):
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14 Senate Amendment (with title amendment)
15 On page 1, line 18, through
16 page 108, line 19, delete those lines
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18 and insert:
19 Section 1. Subsection (1) of section 163.3174, Florida
20 Statutes, is amended to read:
21 163.3174 Local planning agency.--
22 (1) The governing body of each local government,
23 individually or in combination as provided in s. 163.3171,
24 shall designate and by ordinance establish a "local planning
25 agency," unless the agency is otherwise established by law.
26 Notwithstanding any special act to the contrary, all local
27 planning agencies or equivalent agencies that first review
28 rezoning and comprehensive plan amendments in each
29 municipality and county shall include a representative of the
30 school district appointed by the school board as a nonvoting
31 member of the local planning agency or equivalent agency to
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 attend those meetings at which the agency considers
2 comprehensive plan amendments and rezonings that would, if
3 approved, increase residential density on the property that is
4 the subject of the application. However, this subsection does
5 not prevent the governing body of the local government from
6 granting voting status to the school board member. The
7 governing body may designate itself as the local planning
8 agency pursuant to this subsection with the addition of a
9 nonvoting school board representative. The governing body
10 shall notify the state land planning agency of the
11 establishment of its local planning agency. All local planning
12 agencies shall provide opportunities for involvement by
13 district school boards and applicable community college
14 boards, which may be accomplished by formal representation,
15 membership on technical advisory committees, or other
16 appropriate means. The local planning agency shall prepare the
17 comprehensive plan or plan amendment after hearings to be held
18 after public notice and shall make recommendations to the
19 governing body regarding the adoption or amendment of the
20 plan. The agency may be a local planning commission, the
21 planning department of the local government, or other
22 instrumentality, including a countywide planning entity
23 established by special act or a council of local government
24 officials created pursuant to s. 163.02, provided the
25 composition of the council is fairly representative of all the
26 governing bodies in the county or planning area; however:
27 (a) If a joint planning entity is in existence on the
28 effective date of this act which authorizes the governing
29 bodies to adopt and enforce a land use plan effective
30 throughout the joint planning area, that entity shall be the
31 agency for those local governments until such time as the
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 authority of the joint planning entity is modified by law.
2 (b) In the case of chartered counties, the planning
3 responsibility between the county and the several
4 municipalities therein shall be as stipulated in the charter.
5 Section 2. Subsection (4) and paragraphs (a), (c),
6 (d), and (h) of subsection (6) of section 163.3177, Florida
7 Statutes, are amended to read:
8 163.3177 Required and optional elements of
9 comprehensive plan; studies and surveys.--
10 (4)(a) Coordination of the local comprehensive plan
11 with the comprehensive plans of adjacent municipalities, the
12 county, adjacent counties, or the region; with the appropriate
13 water management district's regional water supply plans
14 approved pursuant to s. 373.0361; with adopted rules
15 pertaining to designated areas of critical state concern; and
16 with the state comprehensive plan shall be a major objective
17 of the local comprehensive planning process. To that end, in
18 the preparation of a comprehensive plan or element thereof,
19 and in the comprehensive plan or element as adopted, the
20 governing body shall include a specific policy statement
21 indicating the relationship of the proposed development of the
22 area to the comprehensive plans of adjacent municipalities,
23 the county, adjacent counties, or the region and to the state
24 comprehensive plan, as the case may require and as such
25 adopted plans or plans in preparation may exist.
26 (b) When all or a portion of the land in a local
27 government jurisdiction is or becomes part of a designated
28 area of critical state concern, the local government shall
29 clearly identify those portions of the local comprehensive
30 plan that shall be applicable to the critical area and shall
31 indicate the relationship of the proposed development of the
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 area to the rules for the area of critical state concern.
2 (6) In addition to the requirements of subsections
3 (1)-(5), the comprehensive plan shall include the following
4 elements:
5 (a) A future land use plan element designating
6 proposed future general distribution, location, and extent of
7 the uses of land for residential uses, commercial uses,
8 industry, agriculture, recreation, conservation, education,
9 public buildings and grounds, other public facilities, and
10 other categories of the public and private uses of land. Each
11 The future land use category must be defined in terms of uses
12 included and must plan shall include standards to be followed
13 in the control and distribution of population densities and
14 building and structure intensities. The proposed
15 distribution, location, and extent of the various categories
16 of land use shall be shown on a land use map or map series
17 which shall be supplemented by goals, policies, and measurable
18 objectives. Each land use category shall be defined in terms
19 of the types of uses included and specific standards for the
20 density or intensity of use. The future land use plan shall be
21 based upon surveys, studies, and data regarding the area,
22 including the amount of land required to accommodate
23 anticipated growth; the projected population of the area; the
24 character of undeveloped land; the availability of public
25 services; the need for redevelopment, including the renewal of
26 blighted areas and the elimination of nonconforming uses which
27 are inconsistent with the character of the community; and, in
28 rural communities, the need for job creation, capital
29 investment, and economic development that will strengthen and
30 diversify the community's economy. The future land use plan
31 may designate areas for future planned development use
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 involving combinations of types of uses for which special
2 regulations may be necessary to ensure development in accord
3 with the principles and standards of the comprehensive plan
4 and this act. In addition, for rural communities, the amount
5 of land designated for future planned industrial use shall be
6 based upon surveys and studies that reflect the need for job
7 creation, capital investment, and the necessity to strengthen
8 and diversify the local economies, and shall not be limited
9 solely by the projected population of the rural community. The
10 future land use plan of a county may also designate areas for
11 possible future municipal incorporation. The land use maps or
12 map series shall generally identify and depict historic
13 district boundaries and shall designate historically
14 significant properties meriting protection. The future land
15 use element must clearly identify the land use categories in
16 which public schools are an allowable use. When delineating
17 the land use categories in which public schools are an
18 allowable use, a local government shall include in the
19 categories sufficient land proximate to residential
20 development to meet the projected needs for schools in
21 coordination with public school boards and may establish
22 differing criteria for schools of different type or size.
23 Each local government shall include lands contiguous to
24 existing school sites, to the maximum extent possible, within
25 the land use categories in which public schools are an
26 allowable use. All comprehensive plans must comply with the
27 school siting requirements of this paragraph no later than
28 October 1, 1999. The failure by a local government to comply
29 with these school siting requirements by October 1, 1999, will
30 result in the prohibition of the local government's ability to
31 amend the local comprehensive plan, except for plan amendments
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 described in s. 163.3187(1)(b), until the school siting
2 requirements are met. Amendments An amendment proposed by a
3 local government for purposes of identifying the land use
4 categories in which public schools are an allowable use or for
5 adopting or amending the school-siting maps pursuant to s.
6 163.31776(3) are is exempt from the limitation on the
7 frequency of plan amendments contained in s. 163.3187. The
8 future land use element shall include criteria that which
9 encourage the location of schools proximate to urban
10 residential areas to the extent possible and shall require
11 that the local government seek to collocate public facilities,
12 such as parks, libraries, and community centers, with schools
13 to the extent possible and to encourage the use of elementary
14 schools as focal points for neighborhoods. For schools serving
15 predominantly rural counties, defined as a county with a
16 population of 100,000 or fewer, an agricultural land use
17 category shall be eligible for the location of public school
18 facilities if the local comprehensive plan contains school
19 siting criteria and the location is consistent with such
20 criteria.
21 (c) A general sanitary sewer, solid waste, drainage,
22 potable water, and natural groundwater aquifer recharge
23 element correlated to principles and guidelines for future
24 land use, indicating ways to provide for future potable water,
25 drainage, sanitary sewer, solid waste, and aquifer recharge
26 protection requirements for the area. The element may be a
27 detailed engineering plan including a topographic map
28 depicting areas of prime groundwater recharge. The element
29 shall describe the problems and needs and the general
30 facilities that will be required for solution of the problems
31 and needs. The element shall also include a topographic map
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 depicting any areas adopted by a regional water management
2 district as prime groundwater recharge areas for the Floridan
3 or Biscayne aquifers, pursuant to s. 373.0395. These areas
4 shall be given special consideration when the local government
5 is engaged in zoning or considering future land use for said
6 designated areas. For areas served by septic tanks, soil
7 surveys shall be provided which indicate the suitability of
8 soils for septic tanks. By January 1, 2005, or the Evaluation
9 and Appraisal Report adoption deadline established for the
10 local government pursuant to s. 163.3191(a), whichever date
11 occurs first, the element must consider the appropriate water
12 management district's regional water supply plan approved
13 pursuant to s. 373.0361. The element must include a workplan,
14 covering at least a 10-year planning period, for building
15 water supply facilities that are identified in the element as
16 necessary to serve existing and new development and for which
17 the local government is responsible.
18 (d) A conservation element for the conservation, use,
19 and protection of natural resources in the area, including
20 air, water, water recharge areas, wetlands, waterwells,
21 estuarine marshes, soils, beaches, shores, flood plains,
22 rivers, bays, lakes, harbors, forests, fisheries and wildlife,
23 marine habitat, minerals, and other natural and environmental
24 resources. Local governments shall assess their current, as
25 well as projected, water needs and sources for at least a
26 10-year period, considering the appropriate regional water
27 supply plan approved pursuant to s. 373.0361, or, in the
28 absence of an approved regional water supply plan, the
29 district water management plan approved pursuant to s.
30 373.036(2). This information shall be submitted to the
31 appropriate agencies. The land use map or map series
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 contained in the future land use element shall generally
2 identify and depict the following:
3 1. Existing and planned waterwells and cones of
4 influence where applicable.
5 2. Beaches and shores, including estuarine systems.
6 3. Rivers, bays, lakes, flood plains, and harbors.
7 4. Wetlands.
8 5. Minerals and soils.
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10 The land uses identified on such maps shall be consistent with
11 applicable state law and rules.
12 (h)1. An intergovernmental coordination element
13 showing relationships and stating principles and guidelines to
14 be used in the accomplishment of coordination of the adopted
15 comprehensive plan with the plans of school boards and other
16 units of local government providing services but not having
17 regulatory authority over the use of land, with the
18 comprehensive plans of adjacent municipalities, the county,
19 adjacent counties, or the region, and with the state
20 comprehensive plan and with the applicable regional water
21 supply plan approved pursuant to s. 373.0361, as the case may
22 require and as such adopted plans or plans in preparation may
23 exist. This element of the local comprehensive plan shall
24 demonstrate consideration of the particular effects of the
25 local plan, when adopted, upon the development of adjacent
26 municipalities, the county, adjacent counties, or the region,
27 or upon the state comprehensive plan, as the case may require.
28 a. The intergovernmental coordination element shall
29 provide for procedures to identify and implement joint
30 planning areas, especially for the purpose of annexation,
31 municipal incorporation, and joint infrastructure service
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 areas.
2 b. The intergovernmental coordination element shall
3 provide for recognition of campus master plans prepared
4 pursuant to s. 240.155.
5 c. The intergovernmental coordination element may
6 provide for a voluntary dispute resolution process as
7 established pursuant to s. 186.509 for bringing to closure in
8 a timely manner intergovernmental disputes. A local
9 government may develop and use an alternative local dispute
10 resolution process for this purpose.
11 2. The intergovernmental coordination element shall
12 further state principles and guidelines to be used in the
13 accomplishment of coordination of the adopted comprehensive
14 plan with the plans of school boards and other units of local
15 government providing facilities and services but not having
16 regulatory authority over the use of land. In addition, the
17 intergovernmental coordination element shall describe joint
18 processes for collaborative planning and decisionmaking on
19 population projections and public school siting, the location
20 and extension of public facilities subject to concurrency, and
21 siting facilities with countywide significance, including
22 locally unwanted land uses whose nature and identity are
23 established in an agreement. Within 1 year of adopting their
24 intergovernmental coordination elements, each county, all the
25 municipalities within that county, the district school board,
26 and any unit of local government service providers in that
27 county shall establish by interlocal or other formal agreement
28 executed by all affected entities, the joint processes
29 described in this subparagraph consistent with their adopted
30 intergovernmental coordination elements.
31 3. To foster coordination between special districts
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 and local general-purpose governments as local general-purpose
2 governments implement local comprehensive plans, each
3 independent special district must submit a public facilities
4 report to the appropriate local government as required by s.
5 189.415.
6 4.a. Local governments adopting a public educational
7 facilities element pursuant to s. 163.31776 must execute an
8 interlocal agreement with the district school board, the
9 county, and nonexempt municipalities, as defined by s.
10 163.31776(1), which includes the items listed in s.
11 163.31777(2). The local government shall amend the
12 intergovernmental coordination element to provide that
13 coordination between the local government and school board is
14 pursuant to the agreement and shall state the obligations of
15 the local government under the agreement.
16 b. Plan amendments that comply with this subparagraph
17 are exempt from the provisions of s. 163.3187(1).
18 5. The state land planning agency shall establish a
19 schedule for phased completion and transmittal of plan
20 amendments to implement subparagraphs 1., 2., and 3. from all
21 jurisdictions so as to accomplish their adoption by December
22 31, 1999. A local government may complete and transmit its
23 plan amendments to carry out these provisions prior to the
24 scheduled date established by the state land planning agency.
25 The plan amendments are exempt from the provisions of s.
26 163.3187(1).
27 6. By January 1, 2004, any county having a population
28 greater than 100,000, and the municipalities and special
29 districts within that county, shall submit a report to the
30 Department of Community Affairs which:
31 a. Identifies all existing or proposed interlocal
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 service-delivery agreements regarding the following:
2 education; sanitary sewer; public safety; solid waste;
3 drainage; potable water; parks and recreation; and
4 transportation facilities.
5 b. Identifies any deficits or duplication in the
6 provision of services within its jurisdiction, whether capital
7 or operational. Upon request, the Department of Community
8 Affairs shall provide technical assistance to the local
9 governments in identifying deficits or duplication.
10 7. Within 6 months after submission of the report, the
11 Department of Community Affairs shall, through the appropriate
12 regional planning council, coordinate a meeting of all local
13 governments within the regional planning area to discuss the
14 reports and potential strategies to remedy any identified
15 deficiencies or duplications.
16 8. Each local government shall update its
17 intergovernmental coordination element based upon the findings
18 in the report submitted pursuant to subparagraph 6. The report
19 may be used as supporting data and analysis for the
20 intergovernmental coordination element.
21 9. By February 1, 2003, representatives of
22 municipalities, counties, and special districts shall provide
23 to the Legislature recommended statutory changes for
24 annexation, including any changes that address the delivery of
25 local government services in areas planned for annexation.
26 Section 3. Section 163.31775, Florida Statutes, is
27 repealed.
28 Section 4. Section 163.31776, Florida Statutes, is
29 created to read:
30 163.31776 Public educational facilities element.--
31 (1) A county, in conjunction with the municipalities
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 within the county, may adopt an optional public educational
2 facilities element in cooperation with the applicable school
3 district. In order to enact an optional public educational
4 facilities element, the county and each municipality, unless
5 the municipality is exempt as defined in this subsection, must
6 adopt a consistent public educational facilities element and
7 enter the interlocal agreement pursuant to ss.
8 163.3177(6)(h)4. and 163.31777(2). A municipality is exempt if
9 it has no established need for a new school facility and it
10 meets the following criteria:
11 (a) The municipality has no public schools located
12 within its boundaries; and
13 (b) The district school board's 5-year facilities work
14 program and the long-term 10-year work program, as provided in
15 s. 235.185, demonstrate that no new school facility is needed
16 in the municipality. In addition, the district school board
17 must verify in writing that no new school facility will be
18 needed in the municipality within the 5-year and 10-year
19 timeframes.
20 (2) The public educational facilities element must be
21 based on data and analysis, including the interlocal agreement
22 defined by ss. 163.3177(6)(h)4. and 163.31777(2), and on the
23 educational facilities plan required by s. 235.185. Each local
24 government public educational facilities element within a
25 county must be consistent with the other elements and must
26 address:
27 (a) The need for, strategies for, and commitments to
28 addressing improvements to infrastructure, safety, and
29 community conditions in areas proximate to existing public
30 schools.
31 (b) The need for and strategies for providing adequate
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 infrastructure necessary to support proposed schools,
2 including potable water, wastewater, drainage, solid waste,
3 transportation, and means by which to assure safe access to
4 schools, including sidewalks, bicycle paths, turn lanes, and
5 signalization.
6 (c) Colocation of other public facilities, such as
7 parks, libraries, and community centers, in proximity to
8 public schools.
9 (d) Location of schools proximate to residential areas
10 and to complement patterns of development, including using
11 elementary schools as focal points for neighborhoods.
12 (e) Use of public schools to serve as emergency
13 shelters.
14 (f) Consideration of the existing and planned capacity
15 of public schools when reviewing comprehensive plan amendments
16 and rezonings that are likely to increase residential
17 development and that are reasonably expected to have an impact
18 on the demand for public school facilities, with the review to
19 be based on uniform, level-of-service standards, availability
20 standards for public schools, and the financially feasible
21 5-year district facilities work program adopted by the school
22 board pursuant to s. 235.185.
23 (g) A uniform methodology for determining school
24 capacity consistent with the interlocal agreement entered
25 pursuant to ss. 163.3177(6)(h)4. and 163.31777(2).
26 (3) The future land-use map series must incorporate
27 maps that are the result of a collaborative process for
28 identifying school sites in the educational facilities plan
29 adopted by the school board pursuant to s. 235.185 and must
30 show the locations of existing public schools and the general
31 locations of improvements to existing schools or new schools
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 anticipated over the 5-year, 10-year, and 20-year time
2 periods, or such maps must constitute data and analysis in
3 support of the future land-use map series. Maps indicating
4 general locations of future schools or school improvements
5 should not prescribe a land use on a particular parcel of
6 land.
7 (4) The process for adopting a public educational
8 facilities element is as provided in s. 163.3184. The state
9 land planning agency shall submit a copy of the proposed pubic
10 school facilities element pursuant to the procedures outlined
11 in s. 163.3184(4) to the Office of Educational Facilities and
12 SMART Schools Clearinghouse of the Commissioner of Education
13 for review and comment.
14 (5) Plan amendments to adopt a public educational
15 facilities element are exempt from the provisions of s.
16 163.3187(1).
17 Section 5. Section 163.31777, Florida Statutes, is
18 created to read:
19 163.31777 Public schools interlocal agreement.--
20 (1)(a) The county and municipalities located within
21 the geographic area of a school district shall enter into an
22 interlocal agreement with the district school board which
23 jointly establishes the specific ways in which the plans and
24 processes of the district school board and the local
25 governments are to be coordinated. The interlocal agreements
26 shall be submitted to the state land planning agency and the
27 Office of Educational Facilities and the SMART Schools
28 Clearinghouse in accordance with a schedule published by the
29 state land planning agency.
30 (b) The schedule must establish staggered due dates
31 for submission of interlocal agreements that are executed by
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 both the local government and the district school board,
2 commencing on March 1, 2003, and concluding by December 1,
3 2004, and must set the same date for all governmental entities
4 within a school district. However, if the county where the
5 school district is located contains more than 20
6 municipalities, the state land planning agency may establish
7 staggered due dates for the submission of interlocal
8 agreements by these municipalities. The schedule must begin
9 with those areas where both the number of districtwide
10 capital-outlay full-time-equivalent students equals 80 percent
11 or more of the current year's school capacity and the
12 projected 5-year student growth is 1,000 or greater, or where
13 the projected 5-year student growth rate is 10 percent or
14 greater.
15 (c) If the student population has declined over the
16 5-year period preceding the due date for submittal of an
17 interlocal agreement by the local government and the district
18 school board, the local government and the district school
19 board may petition the state land planning agency for a waiver
20 of one or more requirements of subsection (2). The waiver must
21 be granted if the procedures called for in subsection (2) are
22 unnecessary because of the school district's declining school
23 age population, considering the district's 5-year facilities
24 work program prepared pursuant to s. 235.185. The state land
25 planning agency may modify or revoke the waiver upon a finding
26 that the conditions upon which the waiver was granted no
27 longer exist. The district school board and local governments
28 must submit an interlocal agreement within 1 year after
29 notification by the state land planning agency that the
30 conditions for a waiver no longer exist.
31 (d) Interlocal agreements between local governments
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 and district school boards adopted pursuant to s. 163.3177
2 before the effective date of this section must be updated and
3 executed pursuant to the requirements of this section, if
4 necessary. Amendments to interlocal agreements adopted
5 pursuant to this section must be submitted to the state land
6 planning agency within 30 days after execution by the parties
7 for review consistent with this section. Local governments and
8 the district school board in each school district are
9 encouraged to adopt a single interlocal agreement to which all
10 join as parties. The state land planning agency shall assemble
11 and make available model interlocal agreements meeting the
12 requirements of this section and notify local governments and,
13 jointly with the Department of Education, the district school
14 boards of the requirements of this section, the dates for
15 compliance, and the sanctions for noncompliance. The state
16 land planning agency shall be available to informally review
17 proposed interlocal agreements. If the state land planning
18 agency has not received a proposed interlocal agreement for
19 informal review, the state land planning agency shall, at
20 least 60 days before the deadline for submission of the
21 executed agreement, renotify the local government and the
22 district school board of the upcoming deadline and the
23 potential for sanctions.
24 (2) At a minimum, the interlocal agreement must
25 address the following issues:
26 (a) A process by which each local government and the
27 district school board agree and base their plans on consistent
28 projections of the amount, type, and distribution of
29 population growth and student enrollment. The geographic
30 distribution of jurisdiction-wide growth forecasts is a major
31 objective of the process.
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 (b) A process to coordinate and share information
2 relating to existing and planned public school facilities,
3 including school renovations and closures, and local
4 government plans for development and redevelopment.
5 (c) Participation by affected local governments with
6 the district school board in the process of evaluating
7 potential school closures, significant renovations to existing
8 schools, and new school site selection before land
9 acquisition. Local governments shall advise the district
10 school board as to the consistency of the proposed closure,
11 renovation, or new site with the local comprehensive plan,
12 including appropriate circumstances and criteria under which a
13 district school board may request an amendment to the
14 comprehensive plan for school siting.
15 (d) A process for determining the need for and timing
16 of on-site and off-site improvements to support new, proposed
17 expansion, or redevelopment of existing schools. The process
18 must address identification of the party or parties
19 responsible for the improvements.
20 (e) A process for the school board to inform the local
21 government regarding school capacity. The capacity reporting
22 must be consistent with laws and rules relating to measurement
23 of school facility capacity and must also identify how the
24 district school board will meet the public school demand based
25 on the facilities work program adopted pursuant to s. 235.185.
26 (f) Participation of the local governments in the
27 preparation of the annual update to the district school
28 board's 5-year district facilities work program and
29 educational plant survey prepared pursuant to s. 235.185.
30 (g) A process for determining where and how joint use
31 of either school board or local government facilities can be
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 shared for mutual benefit and efficiency.
2 (h) A procedure for the resolution of disputes between
3 the district school board and local governments, which may
4 include the dispute-resolution processes contained in chapters
5 164 and 186.
6 (i) An oversight process, including an opportunity for
7 public participation, for the implementation of the interlocal
8 agreement.
9
10 A signatory to the interlocal agreement may elect not to
11 include a provision meeting the requirements of paragraph (e);
12 however, such a decision may be made only after a public
13 hearing on such election, which may include the public hearing
14 in which a district school board or a local government adopts
15 the interlocal agreement. An interlocal agreement entered into
16 pursuant to this section must be consistent with the adopted
17 comprehensive plan and land development regulations of any
18 local government that is a signatory.
19 (3)(a) The Office of Educational Facilities and SMART
20 Schools Clearinghouse shall submit any comments or concerns
21 regarding the executed interlocal agreement to the state land
22 planning agency within 30 days after receipt of the executed
23 interlocal agreement. The state land planning agency shall
24 review the executed interlocal agreement to determine whether
25 it is consistent with the requirements of subsection (2), the
26 adopted local government comprehensive plan, and other
27 requirements of law. Within 60 days after receipt of an
28 executed interlocal agreement, the state land planning agency
29 shall publish a notice of intent in the Florida Administrative
30 Weekly and shall post a copy of the notice on the agency's
31 Internet site. The notice of intent must state whether the
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Amendment No. ___ Barcode 144778
1 interlocal agreement is consistent or inconsistent with the
2 requirements of subsection (2) and this subsection, as
3 appropriate.
4 (b) The state land planning agency's notice is subject
5 to challenge under chapter 120; however, an affected person,
6 as defined in 163.3184(1)(a), has standing to initiate the
7 administrative proceeding, and this proceeding is the sole
8 means available to challenge the consistency of an interlocal
9 agreement required by this section with the criteria contained
10 in subsection (2) and this subsection. In order to have
11 standing, each person must have submitted oral or written
12 comments, recommendations, or objections to the local
13 government or the school board before the adoption of the
14 interlocal agreement by the school board and local government.
15 The district school board and local governments are parties to
16 any such proceeding. In this proceeding, when the state land
17 planning agency finds the interlocal agreement to be
18 consistent with the criteria in subsection (2) and this
19 subsection, the interlocal agreement shall be determined to be
20 consistent with subsection (2) and this subsection if the
21 local government's and school board's determination of
22 consistency is fairly debatable. When the state planning
23 agency finds the interlocal agreement to be inconsistent with
24 the requirements of subsection (2) and this subsection, the
25 local government's and school board's determination of
26 consistency shall be sustained unless it is shown by a
27 preponderance of the evidence that the interlocal agreement is
28 inconsistent.
29 (c) If the state land planning agency enters a final
30 order that finds that the interlocal agreement is inconsistent
31 with the requirements of subsection (2) or this subsection, it
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1 shall forward it to the Administration Commission, which may
2 impose sanctions against the local government pursuant to s.
3 163.3184(11) and may impose sanctions against the district
4 school board by directing the Department of Education to
5 withhold from the district school board an equivalent amount
6 of funds for school construction available pursuant to ss.
7 235.187, 235.216, 235.2195, and 235.42.
8 (4) If an executed interlocal agreement is not timely
9 submitted to the state land planning agency for review, the
10 state land planning agency shall, within 15 working days after
11 the deadline for submittal, issue to the local government and
12 the district school board a Notice to Show Cause why sanctions
13 should not be imposed for failure to submit an executed
14 interlocal agreement by the deadline established by the
15 agency. The agency shall forward the notice and the responses
16 to the Administration Commission, which may enter a final
17 order citing the failure to comply and imposing sanctions
18 against the local government and district school board by
19 directing the appropriate agencies to withhold at least 5
20 percent of state funds pursuant to s. 163.3184(11) and by
21 directing the Department of Education to withhold from the
22 district school board at least 5 percent of funds for school
23 construction available pursuant to ss. 235.187, 235.216,
24 235.2195, 235.42.
25 (5) Any local government transmitting a public school
26 element to implement school concurrency pursuant to the
27 requirements of s. 163.3180 before the effective date of this
28 section is not required to amend the element or any interlocal
29 agreement to conform with the provisions of this section if
30 the element is adopted prior to or within 1 year after the
31 effective date of this section and remains in effect.
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1 (6) Except as provided in subsection (7),
2 municipalities having no established need for a new school
3 facility and meeting the following criteria are exempt from
4 the requirements of subsections (1), (2), and (3):
5 (a) The municipality has no public schools located
6 within its boundaries.
7 (b) The district school board's 5-year facilities work
8 program and the long-term 10-year and 20-year work programs,
9 as provided in s. 235.185, demonstrate that no new school
10 facility is needed in the municipality. In addition, the
11 district school board must verify in writing that no new
12 school facility will be needed in the municipality within the
13 5-year and 10-year timeframes.
14 (7) At the time of the evaluation and appraisal
15 report, each exempt municipality shall assess the extent to
16 which it continues to meet the criteria for exemption under
17 subsection (6). If the municipality continues to meet these
18 criteria and the district school board verifies in writing
19 that no new school facilities will be needed within the 5-year
20 and 10-year timeframes, the municipality shall continue to be
21 exempt from the interlocal-agreement requirement. Each
22 municipality exempt under subsection (6) must comply with the
23 provisions of this section within 1 year after the district
24 school board proposes, in its 5-year district facilities work
25 program, a new school within the municipality's jurisdiction.
26 Section 6. Subsection (4) of section 163.3180, Florida
27 Statutes, is amended to read:
28 163.3180 Concurrency.--
29 (4)(a) The concurrency requirement as implemented in
30 local comprehensive plans applies to state and other public
31 facilities and development to the same extent that it applies
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1 to all other facilities and development, as provided by law.
2 (b) The concurrency requirement as implemented in
3 local comprehensive plans does not apply to public transit
4 facilities. For the purposes of this paragraph, public
5 transit facilities include transit stations and terminals,
6 transit station parking, park-and-ride lots, intermodal public
7 transit connection or transfer facilities, and fixed bus,
8 guideway, and rail stations. As used in this paragraph, the
9 terms "terminals" and "transit facilities" do not include
10 airports or seaports or commercial or residential development
11 constructed in conjunction with a public transit facility.
12 (c) The concurrency requirement, except as it relates
13 to transportation facilities, as implemented in local
14 government comprehensive plans may be waived by a local
15 government for urban infill and redevelopment areas designated
16 pursuant to s. 163.2517 if such a waiver does not endanger
17 public health or safety as defined by the local government in
18 its local government comprehensive plan. The waiver shall be
19 adopted as a plan amendment pursuant to the process set forth
20 in s. 163.3187(3)(a). A local government may grant a
21 concurrency exception pursuant to subsection (5) for
22 transportation facilities located within these urban infill
23 and redevelopment areas.
24 Section 7. Subsections (1), (3), (4), (6), (7), (8),
25 and (15) and paragraph (d) of subsection (16) of section
26 163.3184, Florida Statutes, are amended to read:
27 163.3184 Process for adoption of comprehensive plan or
28 plan amendment.--
29 (1) DEFINITIONS.--As used in this section, the term:
30 (a) "Affected person" includes the affected local
31 government; persons owning property, residing, or owning or
22
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Amendment No. ___ Barcode 144778
1 operating a business within the boundaries of the local
2 government whose plan is the subject of the review; owners of
3 real property abutting real property that is the subject of a
4 proposed change to a future land-use map; and adjoining local
5 governments that can demonstrate that the plan or plan
6 amendment will produce substantial impacts on the increased
7 need for publicly funded infrastructure or substantial impacts
8 on areas designated for protection or special treatment within
9 their jurisdiction. Each person, other than an adjoining local
10 government, in order to qualify under this definition, shall
11 also have submitted oral or written comments, recommendations,
12 or objections to the local government during the period of
13 time beginning with the transmittal hearing for the plan or
14 plan amendment and ending with the adoption of the plan or
15 plan amendment.
16 (b) "In compliance" means consistent with the
17 requirements of ss. 163.3177, 163.31776, when a local
18 government adopts an educational facilities element, 163.3178,
19 163.3180, 163.3191, and 163.3245, with the state comprehensive
20 plan, with the appropriate strategic regional policy plan, and
21 with chapter 9J-5, Florida Administrative Code, where such
22 rule is not inconsistent with this part and with the
23 principles for guiding development in designated areas of
24 critical state concern.
25 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
26 AMENDMENT.--
27 (a) Each local governing body shall transmit the
28 complete proposed comprehensive plan or plan amendment to the
29 state land planning agency, the appropriate regional planning
30 council and water management district, the Department of
31 Environmental Protection, the Department of State, and the
23
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1 Department of Transportation, and, in the case of municipal
2 plans, to the appropriate county, and, in the case of county
3 plans, to the Fish and Wildlife Conservation Commission and
4 the Department of Agriculture and Consumer Services,
5 immediately following a public hearing pursuant to subsection
6 (15) as specified in the state land planning agency's
7 procedural rules. The local governing body shall also transmit
8 a copy of the complete proposed comprehensive plan or plan
9 amendment to any other unit of local government or government
10 agency in the state that has filed a written request with the
11 governing body for the plan or plan amendment. The local
12 government may request a review by the state land planning
13 agency pursuant to subsection (6) at the time of the
14 transmittal of an amendment.
15 (b) A local governing body shall not transmit portions
16 of a plan or plan amendment unless it has previously provided
17 to all state agencies designated by the state land planning
18 agency a complete copy of its adopted comprehensive plan
19 pursuant to subsection (7) and as specified in the agency's
20 procedural rules. In the case of comprehensive plan
21 amendments, the local governing body shall transmit to the
22 state land planning agency, the appropriate regional planning
23 council and water management district, the Department of
24 Environmental Protection, the Department of State, and the
25 Department of Transportation, and, in the case of municipal
26 plans, to the appropriate county and, in the case of county
27 plans, to the Fish and Wildlife Conservation Commission and
28 the Department of Agriculture and Consumer Services the
29 materials specified in the state land planning agency's
30 procedural rules and, in cases in which the plan amendment is
31 a result of an evaluation and appraisal report adopted
24
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1 pursuant to s. 163.3191, a copy of the evaluation and
2 appraisal report. Local governing bodies shall consolidate all
3 proposed plan amendments into a single submission for each of
4 the two plan amendment adoption dates during the calendar year
5 pursuant to s. 163.3187.
6 (c) A local government may adopt a proposed plan
7 amendment previously transmitted pursuant to this subsection,
8 unless review is requested or otherwise initiated pursuant to
9 subsection (6).
10 (d) In cases in which a local government transmits
11 multiple individual amendments that can be clearly and legally
12 separated and distinguished for the purpose of determining
13 whether to review the proposed amendment, and the state land
14 planning agency elects to review several or a portion of the
15 amendments and the local government chooses to immediately
16 adopt the remaining amendments not reviewed, the amendments
17 immediately adopted and any reviewed amendments that the local
18 government subsequently adopts together constitute one
19 amendment cycle in accordance with s. 163.3187(1).
20 (4) INTERGOVERNMENTAL REVIEW.--If review of a proposed
21 comprehensive plan amendment is requested or otherwise
22 initiated pursuant to subsection (6), the state land planning
23 agency within 5 working days of determining that such a review
24 will be conducted shall transmit a copy of the proposed plan
25 amendment to various government agencies, as appropriate, for
26 response or comment, including, but not limited to, the
27 Department of Environmental Protection, the Department of
28 Transportation, the water management district, and the
29 regional planning council, and, in the case of municipal
30 plans, to the county land planning agency. The These
31 governmental agencies specified in paragraph (3)(a) shall
25
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 provide comments to the state land planning agency within 30
2 days after receipt by the state land planning agency of the
3 complete proposed plan amendment. If the plan or plan
4 amendment includes or relates to the public school facilities
5 element pursuant to s. 163.31776, the state land planning
6 agency shall submit a copy to the Office of Educational
7 Facilities of the Commissioner of Education for review and
8 comment. The appropriate regional planning council shall also
9 provide its written comments to the state land planning agency
10 within 30 days after receipt by the state land planning agency
11 of the complete proposed plan amendment and shall specify any
12 objections, recommendations for modifications, and comments of
13 any other regional agencies to which the regional planning
14 council may have referred the proposed plan amendment. Written
15 comments submitted by the public within 30 days after notice
16 of transmittal by the local government of the proposed plan
17 amendment will be considered as if submitted by governmental
18 agencies. All written agency and public comments must be made
19 part of the file maintained under subsection (2).
20 (6) STATE LAND PLANNING AGENCY REVIEW.--
21 (a) The state land planning agency shall review a
22 proposed plan amendment upon request of a regional planning
23 council, affected person, or local government transmitting the
24 plan amendment. The request from the regional planning council
25 or affected person must be if the request is received within
26 30 days after transmittal of the proposed plan amendment
27 pursuant to subsection (3). The agency shall issue a report
28 of its objections, recommendations, and comments regarding the
29 proposed plan amendment. A regional planning council or
30 affected person requesting a review shall do so by submitting
31 a written request to the agency with a notice of the request
26
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Amendment No. ___ Barcode 144778
1 to the local government and any other person who has requested
2 notice.
3 (b) The state land planning agency may review any
4 proposed plan amendment regardless of whether a request for
5 review has been made, if the agency gives notice to the local
6 government, and any other person who has requested notice, of
7 its intention to conduct such a review within 35 30 days after
8 receipt of transmittal of the complete proposed plan amendment
9 pursuant to subsection (3).
10 (c) The state land planning agency shall establish by
11 rule a schedule for receipt of comments from the various
12 government agencies, as well as written public comments,
13 pursuant to subsection (4). If the state land planning agency
14 elects to review the amendment or the agency is required to
15 review the amendment as specified in paragraph (a), the agency
16 shall issue a report giving its objections, recommendations,
17 and comments regarding the proposed amendment within 60 days
18 after receipt of the complete proposed amendment by the state
19 land planning agency. The state land planning agency shall
20 have 30 days to review comments from the various government
21 agencies along with a local government's comprehensive plan or
22 plan amendment. During that period, the state land planning
23 agency shall transmit in writing its comments to the local
24 government along with any objections and any recommendations
25 for modifications. When a federal, state, or regional agency
26 has implemented a permitting program, the state land planning
27 agency shall not require a local government to duplicate or
28 exceed that permitting program in its comprehensive plan or to
29 implement such a permitting program in its land development
30 regulations. Nothing contained herein shall prohibit the
31 state land planning agency in conducting its review of local
27
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Amendment No. ___ Barcode 144778
1 plans or plan amendments from making objections,
2 recommendations, and comments or making compliance
3 determinations regarding densities and intensities consistent
4 with the provisions of this part. In preparing its comments,
5 the state land planning agency shall only base its
6 considerations on written, and not oral, comments, from any
7 source.
8 (d) The state land planning agency review shall
9 identify all written communications with the agency regarding
10 the proposed plan amendment. If the state land planning agency
11 does not issue such a review, it shall identify in writing to
12 the local government all written communications received 30
13 days after transmittal. The written identification must
14 include a list of all documents received or generated by the
15 agency, which list must be of sufficient specificity to enable
16 the documents to be identified and copies requested, if
17 desired, and the name of the person to be contacted to request
18 copies of any identified document. The list of documents must
19 be made a part of the public records of the state land
20 planning agency.
21 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
22 PLAN OR AMENDMENTS AND TRANSMITTAL.--
23 (a) The local government shall review the written
24 comments submitted to it by the state land planning agency,
25 and any other person, agency, or government. Any comments,
26 recommendations, or objections and any reply to them shall be
27 public documents, a part of the permanent record in the
28 matter, and admissible in any proceeding in which the
29 comprehensive plan or plan amendment may be at issue. The
30 local government, upon receipt of written comments from the
31 state land planning agency, shall have 120 days to adopt or
28
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Amendment No. ___ Barcode 144778
1 adopt with changes the proposed comprehensive plan or s.
2 163.3191 plan amendments. In the case of comprehensive plan
3 amendments other than those proposed pursuant to s. 163.3191,
4 the local government shall have 60 days to adopt the
5 amendment, adopt the amendment with changes, or determine that
6 it will not adopt the amendment. The adoption of the proposed
7 plan or plan amendment or the determination not to adopt a
8 plan amendment, other than a plan amendment proposed pursuant
9 to s. 163.3191, shall be made in the course of a public
10 hearing pursuant to subsection (15). The local government
11 shall transmit the complete adopted comprehensive plan or
12 adopted plan amendment, including the names and addresses of
13 person compiled pursuant to paragraph (15)(c), to the state
14 land planning agency as specified in the agency's procedural
15 rules within 10 working days after adoption. The local
16 governing body shall also transmit a copy of the adopted
17 comprehensive plan or plan amendment to the regional planning
18 agency and to any other unit of local government or
19 governmental agency in the state that has filed a written
20 request with the governing body for a copy of the plan or plan
21 amendment.
22 (b) If the adopted plan amendment is unchanged from
23 the proposed plan amendment transmitted pursuant to subsection
24 (3) and an affected person as defined in paragraph (1)(a) did
25 not raise any objection, the state land planning agency did
26 not review the proposed plan amendment, and the state land
27 planning agency did not raise any objections during its review
28 pursuant to subsection (6), the local government may state in
29 the transmittal letter that the plan amendment is unchanged
30 and was not the subject of objections.
31 (8) NOTICE OF INTENT.--
29
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1 (a) If the transmittal letter correctly states that
2 the plan amendment is unchanged and was not the subject of
3 review or objections pursuant to paragraph (7)(b), the state
4 land planning agency has 20 days after receipt of the
5 transmittal letter within which to issue a notice of intent
6 that the plan amendment is in compliance.
7 (b)(a) Except as provided in paragraph (a) or in s.
8 163.3187(3), the state land planning agency, upon receipt of a
9 local government's complete adopted comprehensive plan or plan
10 amendment, shall have 45 days for review and to determine if
11 the plan or plan amendment is in compliance with this act,
12 unless the amendment is the result of a compliance agreement
13 entered into under subsection (16), in which case the time
14 period for review and determination shall be 30 days. If
15 review was not conducted under subsection (6), the agency's
16 determination must be based upon the plan amendment as
17 adopted. If review was conducted under subsection (6), the
18 agency's determination of compliance must be based only upon
19 one or both of the following:
20 1. The state land planning agency's written comments
21 to the local government pursuant to subsection (6); or
22 2. Any changes made by the local government to the
23 comprehensive plan or plan amendment as adopted.
24 (c)(b)1. During the time period provided for in this
25 subsection, the state land planning agency shall issue,
26 through a senior administrator or the secretary, as specified
27 in the agency's procedural rules, a notice of intent to find
28 that the plan or plan amendment is in compliance or not in
29 compliance. A notice of intent shall be issued by publication
30 in the manner provided by this paragraph and by mailing a copy
31 to the local government and to persons who request notice.
30
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1 The required advertisement shall be no less than 2 columns
2 wide by 10 inches long, and the headline in the advertisement
3 shall be in a type no smaller than 12 point. The advertisement
4 shall not be placed in that portion of the newspaper where
5 legal notices and classified advertisements appear. The
6 advertisement shall be published in a newspaper which meets
7 the size and circulation requirements set forth in paragraph
8 (15)(c) and which has been designated in writing by the
9 affected local government at the time of transmittal of the
10 amendment. Publication by the state land planning agency of a
11 notice of intent in the newspaper designated by the local
12 government shall be prima facie evidence of compliance with
13 the publication requirements of this section.
14 2. For fiscal year 2001-2002 only, the provisions of
15 this subparagraph shall supersede the provisions of
16 subparagraph 1. During the time period provided for in this
17 subsection, the state land planning agency shall issue,
18 through a senior administrator or the secretary, as specified
19 in the agency's procedural rules, a notice of intent to find
20 that the plan or plan amendment is in compliance or not in
21 compliance. A notice of intent shall be issued by publication
22 in the manner provided by this paragraph and by mailing a copy
23 to the local government. The advertisement shall be placed in
24 that portion of the newspaper where legal notices appear. The
25 advertisement shall be published in a newspaper that meets the
26 size and circulation requirements set forth in paragraph
27 (15)(e) (15)(c) and that has been designated in writing by the
28 affected local government at the time of transmittal of the
29 amendment. Publication by the state land planning agency of a
30 notice of intent in the newspaper designated by the local
31 government shall be prima facie evidence of compliance with
31
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 the publication requirements of this section. The state land
2 planning agency shall post a copy of the notice of intent on
3 the agency's Internet site. The agency shall, no later than
4 the date the notice of intent is transmitted to the newspaper,
5 send by regular mail a courtesy informational statement to
6 persons who provide their names and addresses to the local
7 government at the transmittal hearing or at the adoption
8 hearing where the local government has provided the names and
9 addresses of such persons to the department at the time of
10 transmittal of the adopted amendment. The informational
11 statements shall include the name of the newspaper in which
12 the notice of intent will appear, the approximate date of
13 publication, the ordinance number of the plan or plan
14 amendment, and a statement that affected persons have 21 days
15 after the actual date of publication of the notice to file a
16 petition. This subparagraph expires July 1, 2002.
17 2. A local government that has an Internet site shall
18 post a copy of the state land planning agency's notice of
19 intent on the site within 5 days after receipt of the mailed
20 copy of the agency's notice of intent.
21 (15) PUBLIC HEARINGS.--
22 (a) The procedure for transmittal of a complete
23 proposed comprehensive plan or plan amendment pursuant to
24 subsection (3) and for adoption of a comprehensive plan or
25 plan amendment pursuant to subsection (7) shall be by
26 affirmative vote of not less than a majority of the members of
27 the governing body present at the hearing. The adoption of a
28 comprehensive plan or plan amendment shall be by ordinance.
29 For the purposes of transmitting or adopting a comprehensive
30 plan or plan amendment, the notice requirements in chapters
31 125 and 166 are superseded by this subsection, except as
32
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 provided in this part.
2 (b) The local governing body shall hold at least two
3 advertised public hearings on the proposed comprehensive plan
4 or plan amendment as follows:
5 1. The first public hearing shall be held at the
6 transmittal stage pursuant to subsection (3). It shall be
7 held on a weekday at least 7 days after the day that the first
8 advertisement is published.
9 2. The second public hearing shall be held at the
10 adoption stage pursuant to subsection (7). It shall be held
11 on a weekday at least 5 days after the day that the second
12 advertisement is published.
13 (c) The local government shall provide a sign-in form
14 at the transmittal hearing and at the adoption hearing for
15 persons to provide their names and mailing addresses. The
16 sign-in form must advise that any person providing the
17 requested information will receive a courtesy informational
18 statement concerning publications of the state land planning
19 agency's notice of intent. The local government shall add to
20 the sign-in form the name and address of any person who
21 submits written comments concerning the proposed plan or plan
22 amendment during the time period between the commencement of
23 the transmittal hearing and the end of the adoption hearing.
24 It is the responsibility of the person completing the form or
25 providing written comments to accurately, completely, and
26 legibly provide all information needed in order to receive the
27 courtesy informational statement.
28 (d) The agency shall provide a model sign-in form for
29 providing the list to the agency which may be used by the
30 local government to satisfy the requirements of this
31 subsection.
33
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Amendment No. ___ Barcode 144778
1 (e)(c) If the proposed comprehensive plan or plan
2 amendment changes the actual list of permitted, conditional,
3 or prohibited uses within a future land use category or
4 changes the actual future land use map designation of a parcel
5 or parcels of land, the required advertisements shall be in
6 the format prescribed by s. 125.66(4)(b)2. for a county or by
7 s. 166.041(3)(c)2.b. for a municipality.
8 (16) COMPLIANCE AGREEMENTS.--
9 (d) A local government may adopt a plan amendment
10 pursuant to a compliance agreement in accordance with the
11 requirements of paragraph (15)(a). The plan amendment shall be
12 exempt from the requirements of subsections (2)-(7). The
13 local government shall hold a single adoption public hearing
14 pursuant to the requirements of subparagraph (15)(b)2. and
15 paragraph (15)(e)(c). Within 10 working days after adoption of
16 a plan amendment, the local government shall transmit the
17 amendment to the state land planning agency as specified in
18 the agency's procedural rules, and shall submit one copy to
19 the regional planning agency and to any other unit of local
20 government or government agency in the state that has filed a
21 written request with the governing body for a copy of the plan
22 amendment, and one copy to any party to the proceeding under
23 ss. 120.569 and 120.57 granted intervenor status.
24 Section 8. Paragraph (c) is amended and paragraph (k)
25 is added to subsection (1) of section 163.3187, Florida
26 Statutes, to read:
27 163.3187 Amendment of adopted comprehensive plan.--
28 (1) Amendments to comprehensive plans adopted pursuant
29 to this part may be made not more than two times during any
30 calendar year, except:
31 (c) Any local government comprehensive plan amendments
34
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 directly related to proposed small scale development
2 activities may be approved without regard to statutory limits
3 on the frequency of consideration of amendments to the local
4 comprehensive plan. A small scale development amendment may be
5 adopted only under the following conditions:
6 1. The proposed amendment involves a use of 10 acres
7 or fewer and:
8 a. The cumulative annual effect of the acreage for all
9 small scale development amendments adopted by the local
10 government shall not exceed:
11 (I) A maximum of 120 acres in a local government that
12 contains areas specifically designated in the local
13 comprehensive plan for urban infill, urban redevelopment, or
14 downtown revitalization as defined in s. 163.3164, urban
15 infill and redevelopment areas designated under s. 163.2517,
16 transportation concurrency exception areas approved pursuant
17 to s. 163.3180(5), or regional activity centers and urban
18 central business districts approved pursuant to s.
19 380.06(2)(e); however, amendments under this paragraph may be
20 applied to no more than 60 acres annually of property outside
21 the designated areas listed in this sub-sub-subparagraph.
22 (II) A maximum of 80 acres in a local government that
23 does not contain any of the designated areas set forth in
24 sub-sub-subparagraph (I).
25 (III) A maximum of 120 acres in a county established
26 pursuant to s. 9, Art. VIII of the State Constitution.
27 b. The proposed amendment does not involve the same
28 property granted a change within the prior 12 months.
29 c. The proposed amendment does not involve the same
30 owner's property within 200 feet of property granted a change
31 within the prior 12 months.
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1 d. The proposed amendment does not involve a text
2 change to the goals, policies, and objectives of the local
3 government's comprehensive plan, but only proposes a land use
4 change to the future land use map for a site-specific small
5 scale development activity.
6 e. The property that is the subject of the proposed
7 amendment is not located within an area of critical state
8 concern, unless the project subject to the proposed amendment
9 involves the construction of affordable housing units meeting
10 the criteria of s. 420.0004(3), and is located within an area
11 of critical state concern designated by s. 380.0552 or by the
12 Administration Commission pursuant to s. 380.05(1). Such
13 amendment is not subject to the density limitations of
14 sub-subparagraph f., and shall be reviewed by the state land
15 planning agency for consistency with the principles for
16 guiding development applicable to the area of critical state
17 concern where the amendment is located and shall not become
18 effective until a final order is issued under s. 380.05(6).
19 f. If the proposed amendment involves a residential
20 land use, the residential land use has a density of 10 units
21 or less per acre, except that this limitation does not apply
22 to small scale amendments described in sub-sub-subparagraph
23 a.(I) that are designated in the local comprehensive plan for
24 urban infill, urban redevelopment, or downtown revitalization
25 as defined in s. 163.3164, urban infill and redevelopment
26 areas designated under s. 163.2517, transportation concurrency
27 exception areas approved pursuant to s. 163.3180(5), or
28 regional activity centers and urban central business districts
29 approved pursuant to s. 380.06(2)(e).
30 2.a. A local government that proposes to consider a
31 plan amendment pursuant to this paragraph is not required to
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 comply with the procedures and public notice requirements of
2 s. 163.3184(15)(c) for such plan amendments if the local
3 government complies with the provisions in s. 125.66(4)(a) for
4 a county or in s. 166.041(3)(c) for a municipality. If a
5 request for a plan amendment under this paragraph is initiated
6 by other than the local government, public notice is required.
7 b. The local government shall send copies of the
8 notice and amendment to the state land planning agency, the
9 regional planning council, and any other person or entity
10 requesting a copy. This information shall also include a
11 statement identifying any property subject to the amendment
12 that is located within a coastal high hazard area as
13 identified in the local comprehensive plan.
14 3. Small scale development amendments adopted pursuant
15 to this paragraph require only one public hearing before the
16 governing board, which shall be an adoption hearing as
17 described in s. 163.3184(7), and are not subject to the
18 requirements of s. 163.3184(3)-(6) unless the local government
19 elects to have them subject to those requirements.
20 (k) A comprehensive plan amendment to adopt a public
21 educational facilities element pursuant to s. 163.31776 and
22 future land-use-map amendments for school siting may be
23 approved notwithstanding statutory limits on the frequency of
24 adopting plan amendments.
25 Section 9. Paragraph (k) of subsection (2) of section
26 163.3191, Florida Statutes, is amended and paragraphs (l) and
27 (m) are added to that subsection to read:
28 163.3191 Evaluation and appraisal of comprehensive
29 plan.--
30 (2) The report shall present an evaluation and
31 assessment of the comprehensive plan and shall contain
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Amendment No. ___ Barcode 144778
1 appropriate statements to update the comprehensive plan,
2 including, but not limited to, words, maps, illustrations, or
3 other media, related to:
4 (k) The coordination of the comprehensive plan with
5 existing public schools and those identified in the applicable
6 educational 5-year school district facilities plan work
7 program adopted pursuant to s. 235.185. The assessment shall
8 address, where relevant, the success or failure of the
9 coordination of the future land use map and associated planned
10 residential development with public schools and their
11 capacities, as well as the joint decisionmaking processes
12 engaged in by the local government and the school board in
13 regard to establishing appropriate population projections and
14 the planning and siting of public school facilities. If the
15 issues are not relevant, the local government shall
16 demonstrate that they are not relevant.
17 (l) The evaluation must consider the appropriate water
18 management district's regional water supply plan approved
19 pursuant to s. 373.0361. The potable water element must be
20 revised to include a work plan, covering at least a 10-year
21 planning period, for building any water supply facilities that
22 are identified in the element as necessary to serve existing
23 and new development and for which the local government is
24 responsible.
25 (m) If any of the jurisdiction of the local government
26 is located within the coastal high-hazard area, an evaluation
27 of whether any past reduction in land use density impairs the
28 property rights of current residents when redevelopment
29 occurs, including, but not limited to, redevelopment following
30 a natural disaster. The property rights of current residents
31 shall be balanced with public safety considerations. The local
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Amendment No. ___ Barcode 144778
1 government must identify strategies to address redevelopment
2 feasibility and the property rights of affected residents.
3 These strategies may include the authorization of
4 redevelopment up to the actual built density in existence on
5 the property prior to the natural disaster or redevelopment.
6 Section 10. Section 163.3215, Florida Statutes, is
7 amended to read:
8 163.3215 Standing to enforce local comprehensive plans
9 through development orders.--
10 (1) Subsections (3) and (4) provide the exclusive
11 methods for an aggrieved or adversely affected party to appeal
12 and challenge the consistency of a development order with a
13 comprehensive plan adopted under this part. The local
14 government that issues the development order is to be named as
15 a respondent in all proceedings under this section. Subsection
16 (3) shall not apply to development orders for which a local
17 government has established a process consistent with the
18 requirements of subsection (4). A local government may decide
19 which types of development orders will proceed under
20 subsection (4). Subsection (3) shall apply to all other
21 development orders that are not subject to subsection (4).
22 (2) As used in this section, the term "aggrieved or
23 adversely affected party" means any person or local government
24 that will suffer an adverse effect to an interest protected or
25 furthered by the local government comprehensive plan,
26 including interests related to health and safety, police and
27 fire protection service systems, densities or intensities of
28 development, transportation facilities, health care
29 facilities, equipment or services, and environmental or
30 natural resources. The alleged adverse interest may be shared
31 in common with other members of the community at large but
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1 must exceed in degree the general interest in community good
2 shared by all persons. The term includes the owner, developer,
3 or applicant for a development order.
4 (3)(1) Any aggrieved or adversely affected party may
5 maintain a de novo an action for declaratory, injunctive, or
6 other relief against any local government to challenge any
7 decision of such local government granting or denying an
8 application for, or to prevent such local government from
9 taking any action on, a development order, as defined in s.
10 163.3164, which materially alters the use or density or
11 intensity of use on a particular piece of property which that
12 is not consistent with the comprehensive plan adopted under
13 this part. The de novo action must be filed no later than 30
14 days following rendition of a development order or other
15 written decision, or when all local administrative appeals, if
16 any, are exhausted, whichever occurs later.
17 (2) "Aggrieved or adversely affected party" means any
18 person or local government which will suffer an adverse effect
19 to an interest protected or furthered by the local government
20 comprehensive plan, including interests related to health and
21 safety, police and fire protection service systems, densities
22 or intensities of development, transportation facilities,
23 health care facilities, equipment or services, or
24 environmental or natural resources. The alleged adverse
25 interest may be shared in common with other members of the
26 community at large, but shall exceed in degree the general
27 interest in community good shared by all persons.
28 (3)(a) No suit may be maintained under this section
29 challenging the approval or denial of a zoning, rezoning,
30 planned unit development, variance, special exception,
31 conditional use, or other development order granted prior to
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1 October 1, 1985, or applied for prior to July 1, 1985.
2 (b) Suit under this section shall be the sole action
3 available to challenge the consistency of a development order
4 with a comprehensive plan adopted under this part.
5 (4) If a local government elects to adopt or has
6 adopted an ordinance establishing, at a minimum, the
7 requirements listed in this subsection, the sole method by
8 which an aggrieved and adversely affected party may challenge
9 any decision of local government granting or denying an
10 application for a development order, as defined in s.
11 163.3164, which materially alters the use or density or
12 intensity of use on a particular piece of property, on the
13 basis that it is not consistent with the comprehensive plan
14 adopted under this part, is by an appeal filed by a petition
15 for writ of certiorari filed in circuit court no later than 30
16 days following rendition of a development order or other
17 written decision of the local government, or when all local
18 administrative appeals, if any, are exhausted, whichever
19 occurs later. An action for injunctive or other relief may be
20 joined with the petition for certiorari. Principles of
21 judicial or administrative res judicata and collateral
22 estoppel apply to these proceedings. Minimum components of the
23 local process are as follows:
24 (a) The local process must make provision for notice
25 of an application for a development order that materially
26 alters the use or density or intensity of use on a particular
27 piece of property, including notice by publication or mailed
28 notice consistent with the provisions of s. 166.041(3)(c)2.b.
29 and c. and s. 125.66(4)(b)2. and 3., and must require
30 prominent posting at the job site. The notice must be given
31 within 10 days after the filing of an application for
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Amendment No. ___ Barcode 144778
1 development order; however, notice under this subsection is
2 not required for an application for a building permit or any
3 other official action of local government which does not
4 materially alter the use or density or intensity of use on a
5 particular piece of property. The notice must clearly
6 delineate that an aggrieved or adversely affected person has
7 the right to request a quasi-judicial hearing before the local
8 government for which the application is made, must explain the
9 conditions precedent to the appeal of any development order
10 ultimately rendered upon the application, and must specify the
11 location where written procedures can be obtained that
12 describe the process, including how to initiate the
13 quasi-judicial process, the timeframes for initiating the
14 process, and the location of the hearing. The process may
15 include an opportunity for an alternative dispute resolution.
16 (b) The local process must provide a clear point of
17 entry consisting of a written preliminary decision, at a time
18 and in a manner to be established in the local ordinance, with
19 the time to request a quasi-judicial hearing running from the
20 issuance of the written preliminary decision; the local
21 government, however, is not bound by the preliminary decision.
22 A party may request a hearing to challenge or support a
23 preliminary decision.
24 (c) The local process must provide an opportunity for
25 participation in the process by an aggrieved or adversely
26 affected party, allowing a reasonable time for the party to
27 prepare and present a case for the quasi-judicial hearing.
28 (d) The local process must provide, at a minimum, an
29 opportunity for the disclosure of witnesses and exhibits prior
30 to hearing and an opportunity for the depositions of witnesses
31 to be taken.
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1 (e) The local process may not require that a party be
2 represented by an attorney in order to participate in a
3 hearing.
4 (f) The local process must provide for a
5 quasi-judicial hearing before an impartial special master who
6 is an attorney who has at least 5 years' experience and who
7 shall, at the conclusion of the hearing, recommend written
8 findings of fact and conclusions of law. The special master
9 shall have the power to swear witnesses and take their
10 testimony under oath, to issue subpoenas and other orders
11 regarding the conduct of the proceedings, and to compel entry
12 upon the land. The standard of review applied by the special
13 master in determining whether a proposed development order is
14 consistent with the comprehensive plan shall be strict
15 scrutiny in accordance with Florida law.
16 (g) At the quasi-judicial hearing, all parties must
17 have the opportunity to respond, to present evidence and
18 argument on all issues involved which are related to the
19 development order, and to conduct cross-examination and submit
20 rebuttal evidence. Public testimony must be allowed.
21 (h) The local process must provide for a duly noticed
22 public hearing before the local government at which public
23 testimony is allowed. At the quasi-judicial hearing, the local
24 government is bound by the special master's findings of fact
25 unless the findings of fact are not supported by competent
26 substantial evidence. The governing body may modify the
27 conclusions of law if it finds that the special master's
28 application or interpretation of law is erroneous. The
29 governing body may make reasonable legal interpretations of
30 its comprehensive plan and land development regulations
31 without regard to whether the special master's interpretation
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Amendment No. ___ Barcode 144778
1 is labeled as a finding of fact or a conclusion of law. The
2 local government's final decision must be reduced to writing,
3 including the findings of fact and conclusions of law, and is
4 not considered rendered or final until officially date-stamped
5 by the city or county clerk.
6 (i) An ex parte communication relating to the merits
7 of the matter under review may not be made to the special
8 master. An ex parte communication relating to the merits of
9 the matter under review may not be made to the governing body
10 after a time to be established by the local ordinance, which
11 time must be no later than receipt of the special master's
12 recommended order by the governing body.
13 (j) At the option of the local government, the process
14 may require actions to challenge the consistency of a
15 development order with land development regulations to be
16 brought in the same proceeding.
17 (4) As a condition precedent to the institution of an
18 action pursuant to this section, the complaining party shall
19 first file a verified complaint with the local government
20 whose actions are complained of setting forth the facts upon
21 which the complaint is based and the relief sought by the
22 complaining party. The verified complaint shall be filed no
23 later than 30 days after the alleged inconsistent action has
24 been taken. The local government receiving the complaint
25 shall respond within 30 days after receipt of the complaint.
26 Thereafter, the complaining party may institute the action
27 authorized in this section. However, the action shall be
28 instituted no later than 30 days after the expiration of the
29 30-day period which the local government has to take
30 appropriate action. Failure to comply with this subsection
31 shall not bar an action for a temporary restraining order to
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Amendment No. ___ Barcode 144778
1 prevent immediate and irreparable harm from the actions
2 complained of.
3 (5) Venue in any cases brought under this section
4 shall lie in the county or counties where the actions or
5 inactions giving rise to the cause of action are alleged to
6 have occurred.
7 (6) The signature of an attorney or party constitutes
8 a certificate that he or she has read the pleading, motion, or
9 other paper and that, to the best of his or her knowledge,
10 information, and belief formed after reasonable inquiry, it is
11 not interposed for any improper purpose, such as to harass or
12 to cause unnecessary delay or for economic advantage,
13 competitive reasons or frivolous purposes or needless increase
14 in the cost of litigation. If a pleading, motion, or other
15 paper is signed in violation of these requirements, the court,
16 upon motion or its own initiative, shall impose upon the
17 person who signed it, a represented party, or both, an
18 appropriate sanction, which may include an order to pay to the
19 other party or parties the amount of reasonable expenses
20 incurred because of the filing of the pleading, motion, or
21 other paper, including a reasonable attorney's fee.
22 (7) In any proceeding action under subsection (3) or
23 subsection (4) this section, no settlement shall be entered
24 into by the local government unless the terms of the
25 settlement have been the subject of a public hearing after
26 notice as required by this part.
27 (8) In any proceeding suit under subsection (3) or
28 subsection (4) this section, the Department of Legal Affairs
29 may intervene to represent the interests of the state.
30 (9) Neither subsection (3) nor subsection (4) relieves
31 the local government of its obligations to hold public
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Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 hearings as required by law.
2 Section 11. Section 163.3246, Florida Statutes, is
3 created to read:
4 163.3246 Local government comprehensive planning
5 certification program.--
6 (1) There is created the Local Government
7 Comprehensive Planning Certification Program to be
8 administered by the Department of Community Affairs. The
9 purpose of the program is to create a certification process
10 for local governments who identify a geographic area for
11 certification within which they commit to directing growth and
12 who, because of a demonstrated record of effectively adopting,
13 implementing, and enforcing its comprehensive plan, the level
14 of technical planning experience exhibited by the local
15 government, and a commitment to implement exemplary planning
16 practices, require less state and regional oversight of the
17 comprehensive plan amendment process. The purpose of the
18 certification area is to designate areas that are contiguous,
19 compact, and appropriate for urban growth and development
20 within a 10-year planning timeframe. Municipalities and
21 counties are encouraged to jointly establish the certification
22 area, and subsequently enter into joint certification
23 agreement with the department.
24 (2) In order to be eligible for certification under
25 the program, the local government must:
26 (a) Demonstrate a record of effectively adopting,
27 implementing, and enforcing its comprehensive plan;
28 (b) Demonstrate technical, financial, and
29 administrative expertise to implement the provisions of this
30 part without state oversight;
31 (c) Obtain comments from the state and regional review
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1 agencies regarding the appropriateness of the proposed
2 certification;
3 (d) Hold at least one public hearing soliciting public
4 input concerning the local government's proposal for
5 certification; and
6 (e) Demonstrate that it has adopted programs in its
7 local comprehensive plan and land development regulations
8 which:
9 1. Promote infill development and redevelopment,
10 including prioritized and timely permitting processes in which
11 applications for local development permits within the
12 certification area are acted upon expeditiously for proposed
13 development that is consistent with the local comprehensive
14 plan.
15 2. Promote the development of housing for low-income
16 and very-low-income households or specialized housing to
17 assist elderly and disabled persons to remain at home or in
18 independent living arrangements.
19 3. Achieve effective intergovernmental coordination
20 and address the extrajurisdictional effects of development
21 within the certified area.
22 4. Promote economic diversity and growth while
23 encouraging the retention of rural character, where rural
24 areas exist, and the protection and restoration of the
25 environment.
26 5. Provide and maintain public urban and rural open
27 space and recreational opportunities.
28 6. Manage transportation and land uses to support
29 public transit and promote opportunities for pedestrian and
30 nonmotorized transportation.
31 7. Use design principles to foster individual
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Amendment No. ___ Barcode 144778
1 community identity, create a sense of place, and promote
2 pedestrian-oriented safe neighborhoods and town centers.
3 8. Redevelop blighted areas.
4 9. Adopt a local mitigation strategy and have programs
5 to improve disaster preparedness and the ability to protect
6 lives and property, especially in coastal high-hazard areas.
7 10. Encourage clustered, mixed-use development that
8 incorporates greenspace and residential development within
9 walking distance of commercial development.
10 11. Encourage urban infill at appropriate densities
11 and intensities and separate urban and rural uses and
12 discourage urban sprawl while preserving public open space and
13 planning for buffer-type land uses and rural development
14 consistent with their respective character along and outside
15 the certification area.
16 12. Assure protection of key natural areas and
17 agricultural lands that are identified using state and local
18 inventories of natural areas. Key natural areas include, but
19 are not limited to:
20 a. Wildlife corridors.
21 b. Lands with high native biological diversity,
22 important areas for threatened and endangered species, species
23 of special concern, migratory bird habitat, and intact natural
24 communities.
25 c. Significant surface waters and springs, aquatic
26 preserves, wetlands, and outstanding Florida waters.
27 d. Water resources suitable for preservation of
28 natural systems and for water resource development.
29 e. Representative and rare native Florida natural
30 systems.
31 13. Ensure the cost-efficient provision of public
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Amendment No. ___ Barcode 144778
1 infrastructure and services.
2 (3) Portions of local governments located within areas
3 of critical state concern cannot be included in a
4 certification area.
5 (4) A local government or group of local governments
6 seeking certification of all or part of a jurisdiction or
7 jurisdictions must submit an application to the department
8 which demonstrates that the area sought to be certified meets
9 the criteria of subsections (2) and (5). The application shall
10 include copies of the applicable local government
11 comprehensive plan, land development regulations, interlocal
12 agreements, and other relevant information supporting the
13 eligibility criteria for designation. Upon receipt of a
14 complete application, the department must provide the local
15 government with an initial response to the application within
16 90 days after receipt of the application.
17 (5) If the local government meets the eligibility
18 criteria of subsection (2), the department shall certify all
19 or part of a local government by written agreement, which
20 shall be considered final agency action subject to challenge
21 under s. 120.569. The agreement must include the following
22 components:
23 (a) The basis for certification.
24 (b) The boundary of the certification area, which
25 encompasses areas that are contiguous, compact, appropriate
26 for urban growth and development, and in which public
27 infrastructure is existing or planned within a 10-year
28 planning timeframe. The certification area is required to
29 include sufficient land to accommodate projected population
30 growth, housing demand, including choice in housing types and
31 affordability, job growth and employment, appropriate
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Amendment No. ___ Barcode 144778
1 densities and intensities of use to be achieved in new
2 development and redevelopment, existing or planned
3 infrastructure, including transportation and central water and
4 sewer facilities. The certification area must be adopted as
5 part of the local government's comprehensive plan.
6 (c) A demonstration that the capital-improvements plan
7 governing the certified area is updated annually.
8 (d) A visioning plan or a schedule for the development
9 of a visioning plan.
10 (e) A description of baseline conditions related to
11 the evaluation criteria in paragraph (g) in the certified
12 area.
13 (f) A work program setting forth specific planning
14 strategies and projects that will be undertaken to achieve
15 improvement in the baseline conditions as measured by the
16 criteria identified in paragraph (g).
17 (g) Criteria to evaluate the effectiveness of the
18 certification process in achieving the community-development
19 goals for the certification area including:
20 1. Measuring the compactness of growth, expressed as
21 the ratio between population growth and land consumed;
22 2. Increasing residential density and intensities of
23 use;
24 3. Measuring and reducing vehicle miles traveled and
25 increasing the interconnectedness of the street system,
26 pedestrian access, and mass transit;
27 4. Measuring the balance between the location of jobs
28 and housing;
29 5. Improving the housing mix within the certification
30 area, including the provision of mixed-use neighborhoods,
31 affordable housing, and the creation of an affordable housing
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1 program if such a program is not already in place;
2 6. Promoting mixed-use developments as an alternative
3 to single-purpose centers;
4 7. Promoting clustered development having dedicated
5 open space;
6 8. Linking commercial, educational, and recreational
7 uses directly to residential growth;
8 9. Reducing per capita water and energy consumption;
9 10. Prioritizing environmental features to be
10 protected and adopting measures or programs to protect
11 identified features;
12 11. Reducing hurricane shelter deficits and evacuation
13 times and implementing the adopted mitigation strategies; and
14 12. Improving coordination between the local
15 government and school board.
16 (h) A commitment to change any land development
17 regulations that restrict compact development and adopt
18 alternative design codes that encourage desirable densities
19 and intensities of use and patterns of compact development
20 identified in the agreement.
21 (i) A plan for increasing public participation in
22 comprehensive planning and land use decision making which
23 includes outreach to neighborhood and civic associations
24 through community planning initiatives.
25 (j) A demonstration that the intergovernmental
26 coordination element of the local government's comprehensive
27 plan includes joint processes for coordination between the
28 school board and local government pursuant to s.
29 163.3177(6)(h)2. and other requirements of law.
30 (k) A method of addressing the extrajurisdictional
31 effects of development within the certified area which is
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1 integrated by amendment into the intergovernmental
2 coordination element of the local government comprehensive
3 plan.
4 (l) A requirement for the annual reporting to the
5 department of plan amendments adopted during the year, and the
6 progress of the local government in meeting the terms and
7 conditions of the certification agreement. Prior to the
8 deadline for the annual report, the local government must hold
9 a public hearing soliciting public input on the progress of
10 the local government in satisfying the terms of the
11 certification agreement.
12 (m) An expiration date that is no later than 10 years
13 after execution of the agreement.
14 (6) The department may enter up to eight new
15 certification agreements each fiscal year. The department
16 shall adopt procedural rules governing the application and
17 review of local government requests for certification. Such
18 procedural rules may establish a phased schedule for review of
19 local government requests for certification.
20 (7) The department shall revoke the local government's
21 certification if it determines that the local government is
22 not substantially complying with the terms of the agreement.
23 (8) An affected person, as defined by s.
24 163.3184(1)(a), may petition for administrative hearing
25 alleging that a local government is not substantially
26 complying with the terms of the agreement, using the
27 procedures and timeframes for notice and conditions precedent
28 described in s. 163.3213. Such a petition must be filed within
29 30 days after the annual public hearing required by paragraph
30 (5)(l).
31 (9)(a) Upon certification all comprehensive plan
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1 amendments associated with the area certified must be adopted
2 and reviewed in the manner described in ss. 163.3184(1), (2),
3 (7), (14), (15), and (16) and 163.3187, such that state and
4 regional agency review is eliminated. The department may not
5 issue any objections, recommendations, and comments report on
6 proposed plan amendments or a notice of intent on adopted plan
7 amendments; however, affected persons, as defined by s.
8 163.3184(1)(a), may file a petition for administrative review
9 pursuant to the requirements of s. 163.3187(3)(a) to challenge
10 the compliance of an adopted plan amendment.
11 (b) Plan amendments that change the boundaries of the
12 certification area; propose a rural land stewardship area
13 pursuant to s. 163.3177(11)(d); propose an optional sector
14 plan pursuant to s. 163.3245; propose a school facilities
15 element; update a comprehensive plan based on an evaluation
16 and appraisal report; impact lands outside the certification
17 boundary; implement new statutory requirements that require
18 specific comprehensive plan amendments; or increase hurricane
19 evacuation times or the need for shelter capacity on lands
20 within the coastal high hazard area shall be reviewed pursuant
21 to ss. 163.3184 and 163.3187.
22 (10) A local government's certification shall be
23 reviewed by the local government and the department as part of
24 the evaluation and appraisal process pursuant to s. 163.3191.
25 Within 1 year after the deadline for the local government to
26 update its comprehensive plan based on the evaluation and
27 appraisal report, the department shall renew or revoke the
28 certification. The local government's failure to adopt a
29 timely evaluation and appraisal report, failure to adopt an
30 evaluation and appraisal report found to be sufficient, or
31 failure to timely adopt amendments based on an evaluation and
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1 appraisal report found to be in compliance by the department
2 shall be cause for revoking the certification agreement. The
3 department's decision to renew or revoke shall be considered
4 agency action subject to challenge under s. 120.569.
5 (11) The department shall, by July 1 of each
6 odd-numbered year, submit to the Governor, the President of
7 the Senate, and the Speaker of the House of Representatives a
8 report listing certified local governments, evaluating the
9 effectiveness of the certification, and including any
10 recommendations for legislative actions.
11 (12) The Office of Program Policy Analysis and
12 Government Accountability shall prepare a report evaluating
13 the certification program, which shall be submitted to the
14 Governor, the President of the Senate, and the Speaker of the
15 House of Representatives by December 1, 2007.
16 Section 12. Paragraph (c) of subsection (2) and
17 subsection (3) of section 186.504, Florida Statutes, are
18 amended to read:
19 186.504 Regional planning councils; creation;
20 membership.--
21 (2) Membership on the regional planning council shall
22 be as follows:
23 (c) Representatives appointed by the Governor from the
24 geographic area covered by the regional planning council,
25 including an elected school board member from the geographic
26 area covered by the regional planning council, to be nominated
27 by the Florida School Board Association.
28 (3) Not less than two-thirds of the representatives
29 serving as voting members on the governing bodies of such
30 regional planning councils shall be elected officials of local
31 general-purpose governments chosen by the cities and counties
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1 of the region, provided each county shall have at least one
2 vote. The remaining one-third of the voting members on the
3 governing board shall be appointed by the Governor, to include
4 one elected school board member, subject to confirmation by
5 the Senate, and shall reside in the region. No two appointees
6 of the Governor shall have their places of residence in the
7 same county until each county within the region is represented
8 by a Governor's appointee to the governing board. Nothing
9 contained in this section shall deny to local governing bodies
10 or the Governor the option of appointing either locally
11 elected officials or lay citizens provided at least two-thirds
12 of the governing body of the regional planning council is
13 composed of locally elected officials.
14 Section 13. Paragraphs (a) and (d) of subsection (2)
15 and subsection (6) of section 212.055, Florida Statutes, are
16 amended to read:
17 212.055 Discretionary sales surtaxes; legislative
18 intent; authorization and use of proceeds.--It is the
19 legislative intent that any authorization for imposition of a
20 discretionary sales surtax shall be published in the Florida
21 Statutes as a subsection of this section, irrespective of the
22 duration of the levy. Each enactment shall specify the types
23 of counties authorized to levy; the rate or rates which may be
24 imposed; the maximum length of time the surtax may be imposed,
25 if any; the procedure which must be followed to secure voter
26 approval, if required; the purpose for which the proceeds may
27 be expended; and such other requirements as the Legislature
28 may provide. Taxable transactions and administrative
29 procedures shall be as provided in s. 212.054.
30 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
31 (a)1. The governing authority in each county may levy
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1 a discretionary sales surtax of 0.5 percent or 1 percent. The
2 levy of the surtax shall be pursuant to ordinance enacted by a
3 two-thirds vote majority of the members of the county
4 governing authority or pursuant to ordinance enacted by a
5 majority of the members of the county governing authority and
6 approved by a majority of the electors of the county voting in
7 a referendum on the surtax. If the governing bodies of the
8 municipalities representing a majority of the county's
9 population adopt uniform resolutions establishing the rate of
10 the surtax and calling for a referendum on the surtax, the
11 levy of the surtax shall be placed on the ballot and shall
12 take effect if approved by a majority of the electors of the
13 county voting in the referendum on the surtax.
14 2. If the surtax was levied pursuant to a referendum
15 held before July 1, 1993, the surtax may not be levied beyond
16 the time established in the ordinance, or, if the ordinance
17 did not limit the period of the levy, the surtax may not be
18 levied for more than 15 years. The levy of such surtax may be
19 extended only by approval of a majority of the electors of the
20 county voting in a referendum on the surtax or pursuant to
21 ordinance enacted by a two-thirds vote of the members of the
22 county governing authority.
23 (d)1. The proceeds of the surtax authorized by this
24 subsection and approved by referendum and any interest accrued
25 thereto shall be expended by the school district or within the
26 county and municipalities within the county, or, in the case
27 of a negotiated joint county agreement, within another county,
28 to finance, plan, and construct infrastructure and to acquire
29 land for public recreation or conservation or protection of
30 natural resources and to finance the closure of county-owned
31 or municipally owned solid waste landfills that are already
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1 closed or are required to close by order of the Department of
2 Environmental Protection. Any use of such proceeds or interest
3 for purposes of landfill closure prior to July 1, 1993, is
4 ratified. Neither the proceeds nor any interest accrued
5 thereto shall be used for operational expenses of any
6 infrastructure, except that any county with a population of
7 less than 75,000 that is required to close a landfill by order
8 of the Department of Environmental Protection may use the
9 proceeds or any interest accrued thereto for long-term
10 maintenance costs associated with landfill closure. Counties,
11 as defined in s. 125.011(1), and charter counties may, in
12 addition, use the proceeds and any interest accrued thereto to
13 retire or service indebtedness incurred for bonds issued prior
14 to July 1, 1987, for infrastructure purposes, and for bonds
15 subsequently issued to refund such bonds. Any use of such
16 proceeds or interest for purposes of retiring or servicing
17 indebtedness incurred for such refunding bonds prior to July
18 1, 1999, is ratified.
19 2. The proceeds of the surtax where the surtax is
20 levied by a two-thirds vote of the governing body of the
21 county and any interest accrued thereto shall be expended by
22 the school district or within the county and municipalities
23 within the county for infrastructure located within the urban
24 service area that is identified in the local government
25 comprehensive plan of the county or municipality and is
26 identified in that local government's capital improvements
27 element adopted pursuant to s. 163.3177(3) or that is
28 identified in the school district's educational facilities
29 plan adopted pursuant to s. 235.185.
30 3.2. For the purposes of this paragraph,
31 "infrastructure" means:
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1 a. Any fixed capital expenditure or fixed capital
2 outlay associated with the construction, reconstruction, or
3 improvement of public facilities which have a life expectancy
4 of 5 or more years and any land acquisition, land improvement,
5 design, and engineering costs related thereto.
6 b. A fire department vehicle, an emergency medical
7 service vehicle, a sheriff's office vehicle, a police
8 department vehicle, or any other vehicle, and such equipment
9 necessary to outfit the vehicle for its official use or
10 equipment that has a life expectancy of at least 5 years.
11 4.3. Notwithstanding any other provision of this
12 subsection, a discretionary sales surtax imposed or extended
13 after the effective date of this act may provide for an amount
14 not to exceed 15 percent of the local option sales surtax
15 proceeds to be allocated for deposit to a trust fund within
16 the county's accounts created for the purpose of funding
17 economic development projects of a general public purpose
18 targeted to improve local economies, including the funding of
19 operational costs and incentives related to such economic
20 development. If applicable, the ballot statement must indicate
21 the intention to make an allocation under the authority of
22 this subparagraph.
23 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
24 (a) The school board in each county may levy, pursuant
25 to resolution conditioned to take effect only upon approval by
26 a majority vote of the electors of the county voting in a
27 referendum, a discretionary sales surtax at a rate that may
28 not exceed 0.5 percent.
29 (b) The resolution shall include a statement that
30 provides a brief and general description of the school capital
31 outlay projects to be funded by the surtax. If applicable, the
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1 resolution must state that the district school board has been
2 recognized by the State Board of Education as having a Florida
3 Frugal Schools Program. The statement shall conform to the
4 requirements of s. 101.161 and shall be placed on the ballot
5 by the governing body of the county. The following question
6 shall be placed on the ballot:
7
8 ....FOR THE ....CENTS TAX
9 ....AGAINST THE ....CENTS TAX
10
11 (c) As an alternative method of levying the
12 discretionary sales surtax, the district school board may
13 levy, pursuant to resolution adopted by a two-thirds vote of
14 the members of the school board, a discretionary sales surtax
15 at a rate not to exceed 0.5 percent when the following
16 conditions are met:
17 1. The district school board and local governments in
18 the county where the school district is located have adopted
19 the interlocal agreement and public educational facilities
20 element required by s. 163.31776;
21 2. The district school board has adopted a district
22 educational facilities plan pursuant to s. 235.185; and
23 3. The district's use of surtax proceeds for new
24 construction must not exceed the cost-per-student criteria
25 established for the SIT Program in s. 235.216(2).
26 (d)(c) The resolution providing for the imposition of
27 the surtax shall set forth a plan for use of the surtax
28 proceeds for fixed capital expenditures or fixed capital costs
29 associated with the construction, reconstruction, or
30 improvement of school facilities and campuses which have a
31 useful life expectancy of 5 or more years, and any land
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1 acquisition, land improvement, design, and engineering costs
2 related thereto. Additionally, the plan shall include the
3 costs of retrofitting and providing for technology
4 implementation, including hardware and software, for the
5 various sites within the school district. Surtax revenues may
6 be used for the purpose of servicing bond indebtedness to
7 finance projects authorized by this subsection, and any
8 interest accrued thereto may be held in trust to finance such
9 projects. Neither the proceeds of the surtax nor any interest
10 accrued thereto shall be used for operational expenses. If the
11 district school board has been recognized by the State Board
12 of Education as having a Florida Frugal Schools Program, the
13 district's plan for use of the surtax proceeds must be
14 consistent with this subsection and with uses assured under
15 the Florida Frugal Schools Program.
16 (e)(d) Any school board imposing the surtax shall
17 implement a freeze on noncapital local school property taxes,
18 at the millage rate imposed in the year prior to the
19 implementation of the surtax, for a period of at least 3 years
20 from the date of imposition of the surtax. This provision
21 shall not apply to existing debt service or required state
22 taxes.
23 (f)(e) Surtax revenues collected by the Department of
24 Revenue pursuant to this subsection shall be distributed to
25 the school board imposing the surtax in accordance with law.
26 Section 14. Section 235.002, Florida Statutes, is
27 amended to read:
28 235.002 Intent.--
29 (1) The intent of the Legislature is to:
30 (a) To provide each student in the public education
31 system the availability of an educational environment
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1 appropriate to his or her educational needs which is
2 substantially equal to that available to any similar student,
3 notwithstanding geographic differences and varying local
4 economic factors, and to provide facilities for the Florida
5 School for the Deaf and the Blind and other educational
6 institutions and agencies as may be defined by law.
7 (a)(b) To Encourage the use of innovative designs,
8 construction techniques, and financing mechanisms in building
9 educational facilities for the purposes purpose of reducing
10 costs to the taxpayer, creating a more satisfactory
11 educational environment, and reducing the amount of time
12 necessary for design and construction to fill unmet needs, and
13 permitting the on-site and off-site improvements required by
14 law.
15 (b)(c) To Provide a systematic mechanism whereby
16 educational facilities construction plans can meet the current
17 and projected needs of the public education system population
18 as quickly as possible by building uniform, sound educational
19 environments and to provide a sound base for planning for
20 educational facilities needs.
21 (c)(d) To Provide proper legislative support for as
22 wide a range of fiscally sound financing methodologies as
23 possible for the delivery of educational facilities and, where
24 appropriate, for their construction, operation, and
25 maintenance.
26 (d) Establish a systematic process of sharing
27 information between school boards and local governments on the
28 growth and development trends in their communities in order to
29 forecast future enrollment and school needs.
30 (e) Establish a systematic process by which school
31 boards and local governments can cooperatively plan for the
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1 provision of educational facilities to meet the current and
2 projected needs of the public education system, including the
3 needs placed on the public education system as a result of
4 growth and development decisions by local governments.
5 (f) Establish a systematic process by which local
6 governments and school boards can cooperatively identify and
7 meet the infrastructure needs of public schools.
8 (2) The Legislature finds and declares that:
9 (a) Public schools are a linchpin to the vitality of
10 our communities and play a significant role in the thousands
11 of individual housing decisions that result in community
12 growth trends.
13 (b)(a) Growth and development issues transcend the
14 boundaries and responsibilities of individual units of
15 government, and often no single unit of government can plan or
16 implement policies to deal with these issues without affecting
17 other units of government.
18 (c)(b) The effective and efficient provision of public
19 educational facilities and services enhances is essential to
20 preserving and enhancing the quality of life of the people of
21 this state.
22 (d)(c) The provision of educational facilities often
23 impacts community infrastructure and services. Assuring
24 coordinated and cooperative provision of such facilities and
25 associated infrastructure and services is in the best interest
26 of the state.
27 Section 15. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 235.15,
29 Florida Statutes, shall not stand repealed on January 7, 2003,
30 as scheduled by that act, but that section is reenacted and
31 amended to read:
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1 235.15 Educational plant survey; localized need
2 assessment; PECO project funding.--
3 (1) At least every 5 years, each board, including the
4 Board of Regents, shall arrange for an educational plant
5 survey, to aid in formulating plans for housing the
6 educational program and student population, faculty,
7 administrators, staff, and auxiliary and ancillary services of
8 the district or campus, including consideration of the local
9 comprehensive plan. The Office Division of Workforce and
10 Economic Development shall document the need for additional
11 career and adult education programs and the continuation of
12 existing programs before facility construction or renovation
13 related to career or adult education may be included in the
14 educational plant survey of a school district or community
15 college that delivers career or adult education programs.
16 Information used by the Office Division of Workforce and
17 Economic Development to establish facility needs must include,
18 but need not be limited to, labor market data, needs analysis,
19 and information submitted by the school district or community
20 college.
21 (a) Survey preparation and required data.--Each survey
22 shall be conducted by the board or an agency employed by the
23 board. Surveys shall be reviewed and approved by the board,
24 and a file copy shall be submitted to the Office of
25 Educational Facilities and SMART Schools Clearinghouse within
26 the Office of the Commissioner of Education. The survey report
27 shall include at least an inventory of existing educational
28 and ancillary plants, including safe access facilities;
29 recommendations for existing educational and ancillary plants;
30 recommendations for new educational or ancillary plants,
31 including the general location of each in coordination with
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1 the land use plan and safe access facilities; campus master
2 plan update and detail for community colleges; the utilization
3 of school plants based on an extended school day or year-round
4 operation; and such other information as may be required by
5 the rules of the Florida State Board of Education. This report
6 may be amended, if conditions warrant, at the request of the
7 board or commissioner.
8 (b) Required need assessment criteria for district,
9 community college, college and state university plant
10 surveys.--Each Educational plant surveys survey completed
11 after December 31, 1997, must use uniform data sources and
12 criteria specified in this paragraph. Each educational plant
13 survey completed after June 30, 1995, and before January 1,
14 1998, must be revised, if necessary, to comply with this
15 paragraph. Each revised educational plant survey and each new
16 educational plant survey supersedes previous surveys.
17 1. The school district's survey must be submitted as a
18 part of the district educational facilities plan defined in s.
19 235.185. Each school district's educational plant survey must
20 reflect the capacity of existing satisfactory facilities as
21 reported in the Florida Inventory of School Houses.
22 Projections of facility space needs may not exceed the norm
23 space and occupant design criteria established by the State
24 Requirements for Educational Facilities. Existing and
25 projected capital outlay full-time equivalent student
26 enrollment must be consistent with data prepared by the
27 department and must include all enrollment used in the
28 calculation of the distribution formula in s. 235.435(3). All
29 satisfactory relocatable classrooms, including those owned,
30 lease-purchased, or leased by the school district, shall be
31 included in the school district inventory of gross capacity of
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1 facilities and must be counted at actual student capacity for
2 purposes of the inventory. For future needs determination,
3 student capacity shall not be assigned to any relocatable
4 classroom that is scheduled for elimination or replacement
5 with a permanent educational facility in the adopted 5-year
6 educational plant survey and in the district facilities work
7 program adopted under s. 235.185. Those relocatables clearly
8 identified and scheduled for replacement in a school board
9 adopted financially feasible 5-year district facilities work
10 program shall be counted at zero capacity at the time the work
11 program is adopted and approved by the school board. However,
12 if the district facilities work program is changed or altered
13 and the relocatables are not replaced as scheduled in the work
14 program, they must then be reentered into the system for
15 counting at actual capacity. Relocatables may not be
16 perpetually added to the work program and continually extended
17 for purposes of circumventing the intent of this section. All
18 remaining relocatable classrooms, including those owned,
19 lease-purchased, or leased by the school district, shall be
20 counted at actual student capacity. The educational plant
21 survey shall identify the number of relocatable student
22 stations scheduled for replacement during the 5-year survey
23 period and the total dollar amount needed for that
24 replacement. All district educational plant surveys revised
25 after July 1, 1998, shall include information on leased space
26 used for conducting the district's instructional program, in
27 accordance with the recommendations of the department's report
28 authorized in s. 235.056. A definition of satisfactory
29 relocatable classrooms shall be established by rule of the
30 department.
31 2. Each survey of a special facility, joint-use
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1 facility, or cooperative vocational education facility must be
2 based on capital outlay full-time equivalent student
3 enrollment data prepared by the department for school
4 districts, community colleges, colleges and universities by
5 the Division of Community Colleges for community colleges, and
6 by the Board of Regents for state universities. A survey of
7 space needs of a joint-use facility shall be based upon the
8 respective space needs of the school districts, community
9 colleges, colleges and universities, as appropriate.
10 Projections of a school district's facility space needs may
11 not exceed the norm space and occupant design criteria
12 established by the State Requirements for Educational
13 Facilities.
14 3. Each community college's survey must reflect the
15 capacity of existing facilities as specified in the inventory
16 maintained by the Division of Community Colleges. Projections
17 of facility space needs must comply with standards for
18 determining space needs as specified by rule of the Florida
19 State Board of Education. The 5-year projection of capital
20 outlay student enrollment must be consistent with the annual
21 report of capital outlay full-time student enrollment prepared
22 by the Division of Community Colleges.
23 4. Each college and state university's survey must
24 reflect the capacity of existing facilities as specified in
25 the inventory maintained and validated by the Division of
26 Colleges and Universities Board of Regents. Projections of
27 facility space needs must be consistent with standards for
28 determining space needs approved by the Division of Colleges
29 and Universities Board of Regents. The projected capital
30 outlay full-time equivalent student enrollment must be
31 consistent with the 5-year planned enrollment cycle for the
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1 State University System approved by the Division of Colleges
2 and Universities Board of Regents.
3 5. The district educational facilities plan
4 educational plant survey of a school district and the
5 educational plant survey of a, community college, or college
6 or state university may include space needs that deviate from
7 approved standards for determining space needs if the
8 deviation is justified by the district or institution and
9 approved by the department or the Board of Regents, as
10 appropriate, as necessary for the delivery of an approved
11 educational program.
12 (c) Review and validation.--The Office of Educational
13 Facilities and SMART Schools Clearinghouse department shall
14 review and validate the surveys of school districts, and
15 community colleges, and colleges and universities, and any
16 amendments thereto for compliance with the requirements of
17 this chapter and, when required by the State Constitution,
18 shall recommend those in compliance for approval by the
19 Florida State Board of Education.
20 (2) Only the superintendent, or the college president,
21 or the university president shall certify to the Office of
22 Educational Facilities and SMART Schools Clearinghouse
23 department a project's compliance with the requirements for
24 expenditure of PECO funds prior to release of funds.
25 (a) Upon request for release of PECO funds for
26 planning purposes, certification must be made to the Office of
27 Educational Facilities and SMART Schools Clearinghouse
28 department that the need for and location of the facility are
29 in compliance with the board-approved survey recommendations,
30 and that the project meets the definition of a PECO project
31 and the limiting criteria for expenditures of PECO funding,
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1 and that the plan is consistent with the local government
2 comprehensive plan.
3 (b) Upon request for release of construction funds,
4 certification must be made to the Office of Educational
5 Facilities and SMART Schools Clearinghouse department that the
6 need and location of the facility are in compliance with the
7 board-approved survey recommendations, that the project meets
8 the definition of a PECO project and the limiting criteria for
9 expenditures of PECO funding, and that the construction
10 documents meet the requirements of the Florida State Uniform
11 Building Code for Educational Facilities Construction or other
12 applicable codes as authorized in this chapter.
13 Section 16. Subsection (3) of section 235.175, Florida
14 Statutes, is amended to read:
15 235.175 SMART schools; Classrooms First; legislative
16 purpose.--
17 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK
18 PROGRAMS.--It is the purpose of the Legislature to create s.
19 235.185, requiring each school district annually to adopt an
20 educational facilities plan that provides an integrated
21 long-range facilities plan, including the survey of projected
22 needs and the a district facilities 5-year work program. The
23 purpose of the educational facilities plan district facilities
24 work program is to keep the school board, local governments,
25 and the public fully informed as to whether the district is
26 using sound policies and practices that meet the essential
27 needs of students and that warrant public confidence in
28 district operations. The educational facilities plan district
29 facilities work program will be monitored by the Office of
30 Educational Facilities and SMART Schools Clearinghouse, which
31 will also apply performance standards pursuant to s. 235.218.
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1 Section 17. Section 235.18, Florida Statutes, is
2 amended to read:
3 235.18 Annual capital outlay budget.--Each board,
4 including the Board of Regents, shall, each year, adopt a
5 capital outlay budget for the ensuing year in order that the
6 capital outlay needs of the board for the entire year may be
7 well understood by the public. This capital outlay budget
8 shall be a part of the annual budget and shall be based upon
9 and in harmony with the board's capital outlay plan
10 educational plant and ancillary facilities plan. This budget
11 shall designate the proposed capital outlay expenditures by
12 project for the year from all fund sources. The board may not
13 expend any funds on any project not included in the budget, as
14 amended. Each district school board must prepare its tentative
15 district education facilities plan facilities work program as
16 required by s. 235.185 before adopting the capital outlay
17 budget.
18 Section 18. Section 235.185, Florida Statutes, is
19 amended to read:
20 235.185 School district educational facilities plan
21 work program; definitions; preparation, adoption, and
22 amendment; long-term work programs.--
23 (1) DEFINITIONS.--As used in this section, the term:
24 (a) "Adopted educational facilities plan" means the
25 comprehensive planning document that is adopted annually by
26 the district school board as provided in subsection (2) and
27 that contains the educational plant survey.
28 (a) "Adopted district facilities work program" means
29 the 5-year work program adopted by the district school board
30 as provided in subsection (3).
31 (b) "Tentative District facilities work program" means
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1 the 5-year listing of capital outlay projects adopted by the
2 district school board as provided in subparagraph (2)(a)2. and
3 paragraph (2)(b) as part of the district educational
4 facilities plan, which is required in order to:
5 1. To Properly maintain the educational plant and
6 ancillary facilities of the district.
7 2. To Provide an adequate number of satisfactory
8 student stations for the projected student enrollment of the
9 district in K-12 programs in accordance with the goal in s.
10 235.062.
11 (c) "Tentative educational facilities plan" means the
12 comprehensive planning document prepared annually by the
13 district school board and submitted to the Office of
14 Educational Facilities and SMART Schools Clearinghouse and the
15 affected general-purpose local governments.
16 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
17 FACILITIES PLAN WORK PROGRAM.--
18 (a) Annually, prior to the adoption of the district
19 school budget, each school board shall prepare a tentative
20 district educational facilities plan that includes long-range
21 planning for facilities needs over 5-year, 10-year, and
22 20-year periods. The plan must be developed in coordination
23 with the general-purpose local governments and be consistent
24 with the local government comprehensive plans. The school
25 board's plan for provision of new schools must meet the needs
26 of all growing communities in the district, ranging from small
27 rural communities to large urban cities. The plan must include
28 work program that includes:
29 1. Projected student populations apportioned
30 geographically at the local level. The projections must be
31 based on information produced by the demographic, revenue, and
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1 education estimating conferences pursuant to s. 216.136, where
2 available, as modified by the district based on development
3 data and agreement with the local governments and the Office
4 of Educational Facilities and SMART Schools Clearinghouse. The
5 projections must be apportioned geographically with assistance
6 from the local governments using local development trend data
7 and the school district student enrollment data.
8 2. An inventory of existing school facilities. Any
9 anticipated expansions or closures of existing school sites
10 over the 5-year, 10-year, and 20-year periods must be
11 identified. The inventory must include an assessment of areas
12 proximate to existing schools and identification of the need
13 for improvements to infrastructure, safety, including safe
14 access routes, and conditions in the community. The plan must
15 also provide a listing of major repairs and renovation
16 projects anticipated over the period of the plan.
17 3. Projections of facilities space needs, which may
18 not exceed the norm space and occupant design criteria
19 established in the State Requirements for Educational
20 Facilities.
21 4. Information on leased, loaned, and donated space
22 and relocatables used for conducting the district's
23 instructional programs.
24 5. The general location of public schools proposed to
25 be constructed over the 5-year, 10-year, and 20-year time
26 periods, including a listing of the proposed schools' site
27 acreage needs and anticipated capacity and maps showing the
28 general locations. The school board's identification of
29 general locations of future school sites must be based on the
30 school siting requirements of s. 163.3177(6)(a) and policies
31 in the comprehensive plan which provide guidance for
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1 appropriate locations for school sites.
2 6. The identification of options deemed reasonable and
3 approved by the school board which reduce the need for
4 additional permanent student stations. Such options may
5 include, but need not be limited to:
6 a. Acceptable capacity;
7 b. Redistricting;
8 c. Busing;
9 d. Year-round schools;
10 e. Charter schools;
11 f. Magnet schools; and
12 g. Public-private partnerships.
13 7. The criteria and method, jointly determined by the
14 local government and the school board, for determining the
15 impact of proposed development to public school capacity.
16 (b) The plan must also include a financially feasible
17 district facilities work program for a 5-year period. The work
18 program must include:
19 1. A schedule of major repair and renovation projects
20 necessary to maintain the educational facilities plant and
21 ancillary facilities of the district.
22 2. A schedule of capital outlay projects necessary to
23 ensure the availability of satisfactory student stations for
24 the projected student enrollment in K-12 programs. This
25 schedule shall consider:
26 a. The locations, capacities, and planned utilization
27 rates of current educational facilities of the district. The
28 capacity of existing satisfactory facilities, as reported in
29 the Florida Inventory of School Houses must be compared to the
30 capital outlay full-time-equivalent student enrollment as
31 determined by the department, including all enrollment used in
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1 the calculation of the distribution formula in s. 235.435(3).
2 b. The proposed locations of planned facilities,
3 whether those locations are consistent with the comprehensive
4 plans of all affected local governments, and recommendations
5 for infrastructure and other improvements to land adjacent to
6 existing facilities. The provisions of ss. 235.19 and
7 235.193(12), (13), and (14) must be addressed for new
8 facilities planned within the first 3 years of the work plan,
9 as appropriate.
10 c. Plans for the use and location of relocatable
11 facilities, leased facilities, and charter school facilities.
12 d. Plans for multitrack scheduling, grade level
13 organization, block scheduling, or other alternatives that
14 reduce the need for additional permanent student stations.
15 e. Information concerning average class size and
16 utilization rate by grade level within the district which that
17 will result if the tentative district facilities work program
18 is fully implemented. The average shall not include
19 exceptional student education classes or prekindergarten
20 classes.
21 f. The number and percentage of district students
22 planned to be educated in relocatable facilities during each
23 year of the tentative district facilities work program. For
24 determining future needs, student capacity may not be assigned
25 to any relocatable classroom that is scheduled for elimination
26 or replacement with a permanent educational facility in the
27 current year of the adopted district educational facilities
28 plan and in the district facilities work program adopted under
29 this section. Those relocatable classrooms clearly identified
30 and scheduled for replacement in a school-board-adopted,
31 financially feasible, 5-year district facilities work program
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1 shall be counted at zero capacity at the time the work program
2 is adopted and approved by the school board. However, if the
3 district facilities work program is changed and the
4 relocatable classrooms are not replaced as scheduled in the
5 work program, the classrooms must be reentered into the system
6 and be counted at actual capacity. Relocatable classrooms may
7 not be perpetually added to the work program or continually
8 extended for purposes of circumventing this section. All
9 relocatable classrooms not identified and scheduled for
10 replacement, including those owned, lease-purchased, or leased
11 by the school district, must be counted at actual student
12 capacity. The district educational facilities plan must
13 identify the number of relocatable student stations scheduled
14 for replacement during the 5-year survey period and the total
15 dollar amount needed for that replacement.
16 g. Plans for the closure of any school, including
17 plans for disposition of the facility or usage of facility
18 space, and anticipated revenues.
19 h. Projects for which capital outlay and debt service
20 funds accruing under s. 9(d), Art. XII of the State
21 Constitution are to be used shall be identified separately in
22 priority order on a project priority list within the district
23 facilities work program.
24 3. The projected cost for each project identified in
25 the tentative district facilities work program. For proposed
26 projects for new student stations, a schedule shall be
27 prepared comparing the planned cost and square footage for
28 each new student station, by elementary, middle, and high
29 school levels, to the low, average, and high cost of
30 facilities constructed throughout the state during the most
31 recent fiscal year for which data is available from the
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1 Department of Education.
2 4. A schedule of estimated capital outlay revenues
3 from each currently approved source which is estimated to be
4 available for expenditure on the projects included in the
5 tentative district facilities work program.
6 5. A schedule indicating which projects included in
7 the tentative district facilities work program will be funded
8 from current revenues projected in subparagraph 4.
9 6. A schedule of options for the generation of
10 additional revenues by the district for expenditure on
11 projects identified in the tentative district facilities work
12 program which are not funded under subparagraph 5. Additional
13 anticipated revenues may include effort index grants, SIT
14 Program awards, and Classrooms First funds.
15 (c)(b) To the extent available, the tentative district
16 educational facilities plan work program shall be based on
17 information produced by the demographic, revenue, and
18 education estimating conferences pursuant to s. 216.136.
19 (d)(c) Provision shall be made for public comment
20 concerning the tentative district educational facilities plan
21 work program.
22 (e) The district school board shall coordinate with
23 each affected local government to ensure consistency between
24 the tentative district educational facilities plan and the
25 local government comprehensive plans of the affected local
26 governments during the development of the tentative district
27 educational facilities plan.
28 (f) Commencing on October 1, 2002, and not less than
29 once every 5 years thereafter, the district school board shall
30 contract with a qualified, independent third party to conduct
31 a financial management and performance audit of the
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1 educational planning and construction activities of the
2 district. An audit conducted by the Office of Program Policy
3 Analysis and Government Accountability and the Auditor General
4 pursuant to s. 230.23025 satisfies this requirement.
5 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
6 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school
7 board shall submit a copy of its tentative district
8 educational facilities plan to all affected local governments
9 prior to adoption by the board. The affected local governments
10 shall review the tentative district educational facilities
11 plan and comment to the district school board on the
12 consistency of the plan with the local comprehensive plan,
13 whether a comprehensive plan amendment will be necessary for
14 any proposed educational facility, and whether the local
15 government supports a necessary comprehensive plan amendment.
16 If the local government does not support a comprehensive plan
17 amendment for a proposed educational facility, the matter
18 shall be resolved pursuant to the interlocal agreement when
19 required by ss. 163.3177(6)(h), 163.31777, and 235.193(2). The
20 process for the submittal and review shall be detailed in the
21 interlocal agreement when required pursuant to ss.
22 163.3177(6)(h), 163.31777, and 235.193(2).
23 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN
24 WORK PROGRAM.--Annually, the district school board shall
25 consider and adopt the tentative district educational
26 facilities plan work program completed pursuant to subsection
27 (2). Upon giving proper public notice to the public and local
28 governments and opportunity for public comment, the district
29 school board may amend the plan program to revise the priority
30 of projects, to add or delete projects, to reflect the impact
31 of change orders, or to reflect the approval of new revenue
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1 sources which may become available. The adopted district
2 educational facilities plan work program shall:
3 (a) Be a complete, balanced, and financially feasible
4 capital outlay financial plan for the district.
5 (b) Set forth the proposed commitments and planned
6 expenditures of the district to address the educational
7 facilities needs of its students and to adequately provide for
8 the maintenance of the educational plant and ancillary
9 facilities, including safe access ways from neighborhoods to
10 schools.
11 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL
12 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted
13 district educational facilities plan work program shall
14 constitute the capital outlay budget required in s. 235.18.
15 The adopted district educational facilities plan work program
16 shall include the information required in subparagraphs
17 (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects
18 actually funded in the plan program.
19 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to
20 the adopted district facilities work program covering the
21 5-year work program, the district school board shall adopt
22 annually a 10-year and a 20-year work program which include
23 the information set forth in subsection (2), but based upon
24 enrollment projections and facility needs for the 10-year and
25 20-year periods. It is recognized that the projections in the
26 10-year and 20-year timeframes are tentative and should be
27 used only for general planning purposes.
28 Section 19. Section 235.1851, Florida Statutes, is
29 created to read:
30 235.1851 Educational facilities benefit districts.--
31 (1) It is the intent of the Legislature to encourage
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1 and authorize public cooperation among district school boards,
2 affected local general purpose governments, and benefited
3 private interests in order to implement financing for timely
4 construction and maintenance of school facilities, including
5 facilities identified in individual district facilities work
6 programs or proposed by charter schools. It is the further
7 intent of the Legislature to provide efficient alternative
8 mechanisms and incentives to allow for sharing costs of
9 educational facilities necessary to accommodate new growth and
10 development among public agencies, including district school
11 boards, affected local general purpose governments, and
12 benefited private development interests.
13 (2) The Legislature hereby authorizes the creation of
14 educational facilities benefit districts pursuant to
15 interlocal cooperation agreements between a district school
16 board and all local general purpose governments within whose
17 jurisdiction a district is located. The purpose of
18 educational facilities benefit districts is to assist in
19 financing the construction and maintenance of educational
20 facilities.
21 (3)(a) An educational facilities benefit district may
22 be created pursuant to this act and chapters 125, 163, 166,
23 and 189. An educational facilities benefit district charter
24 may be created by a county or municipality by entering into an
25 interlocal agreement, as authorized by s. 163.01, with the
26 district school board and any local general purpose government
27 within whose jurisdiction a portion of the district is located
28 and adoption of an ordinance that includes all provisions
29 contained within s. 189.4041. The creating entity shall be
30 the local general purpose government within whose boundaries a
31 majority of the educational facilities benefit district's
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1 lands are located.
2 (b) Creation of any educational facilities benefit
3 district shall be conditioned upon the consent of the district
4 school board, all local general purpose governments within
5 whose jurisdiction any portion of the educational facilities
6 benefit district is located, and all landowners within the
7 district. The membership of the governing board of any
8 educational facilities benefit district shall include
9 representation of the district school board, each cooperating
10 local general purpose government, and the landowners within
11 the district. In the case of an educational facilities
12 benefit district's decision to create a charter school, the
13 board of directors of the charter school may constitute the
14 members of the governing board for the educational facilities
15 benefit district.
16 (4) The educational facilities benefit district shall
17 have, and its governing board may exercise, the following
18 powers:
19 (a) To finance and construct educational facilities
20 within the district's boundaries.
21 (b) To sue and be sued in the name of the district; to
22 adopt and use a seal and authorize the use of a facsimile
23 thereof; to acquire, by purchase, gift, devise, or otherwise,
24 and to dispose of real and personal property or any estate
25 therein; and to make and execute contracts and other
26 instruments necessary or convenient to the exercise of its
27 powers.
28 (c) To contract for the services of consultants to
29 perform planning, engineering, legal, or other appropriate
30 services of a professional nature. Such contracts shall be
31 subject to the public bidding or competitive negotiations
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1 required of local general purpose governments.
2 (d) To borrow money and accept gifts; to apply for
3 unused grants or loans of money or other property from the
4 United States, the state, a unit of local government, or any
5 person for any district purposes and enter into agreements
6 required in connection therewith; and to hold, use, and
7 dispose of such moneys or property for any district purposes
8 in accordance with the terms of the gift, grant, loan, or
9 agreement relating thereto.
10 (e) To adopt resolutions and polices prescribing the
11 powers, duties, and functions of the officers of the district,
12 the conduct of the business of the district, and the
13 maintenance of records and documents of the district.
14 (f) To maintain an office at such place or places as
15 it may designate within the district or within the boundaries
16 of the local general purpose government that created the
17 district.
18 (g) To lease as lessor or lessee to or from any
19 person, firm, corporation, association, or body, public or
20 private, any projects of the type that the district is
21 authorized to undertake and facilities or property of any
22 nature for use of the district to carry out any of the
23 purposes authorized by this act.
24 (h) To borrow money and issue bonds, certificates,
25 warrants, notes, or other evidence of indebtedness pursuant to
26 this act for periods not longer than 30 years, provided such
27 bonds, certificates, warrants, notes, or other indebtedness
28 shall only be guaranteed by non-ad valorem assessments legally
29 imposed by the district and other available sources of funds
30 provided in this act and shall not pledge the full faith and
31 credit of any local general purpose government or the district
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1 school board.
2 (i) To cooperate with or contract with other
3 governmental agencies as may be necessary, convenient,
4 incidental, or proper in connection with any of the powers,
5 duties, or purposes authorized by this act and to accept
6 funding from local and state agencies as provided in this act.
7 (j) To levy, impose, collect, and enforce non-ad
8 valorem assessments, as defined by s. 197.3632(1)(d), pursuant
9 to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,
10 and 197.3635.
11 (k) To exercise all powers necessary, convenient,
12 incidental, or proper in connection with any of the powers,
13 duties, or purposes authorized by this act.
14 (5) As an alternative to the creation of an
15 educational facilities benefit district, the Legislature
16 hereby recognizes and encourages the consideration of
17 community development district creation pursuant to chapter
18 190 as a viable alternative for financing the construction and
19 maintenance of educational facilities as described in this
20 act. Community development districts are granted the authority
21 to determine, order, levy, impose, collect, and enforce non-ad
22 valorem assessments for such purposes pursuant to this act and
23 chapters 170, 190, and 197. This authority is in addition to
24 any authority granted community development districts under
25 chapter 190. Community development districts are therefore
26 deemed eligible for the financial enhancements available to
27 educational facilities benefit districts providing for
28 financing the construction and maintenance of educational
29 facilities pursuant to s. 235.1852. In order to receive such
30 financial enhancements, a community development district must
31 enter into an interlocal agreement with the district school
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1 board and affected local general purpose governments that
2 specifies the obligations of all parties to the agreement.
3 Nothing in this act or in any interlocal agreement entered
4 into pursuant to this act requires any change in the method of
5 election of a board of supervisors of a community development
6 district provided in chapter 190.
7 Section 20. Section 235.1852, Florida Statutes, is
8 created to read:
9 235.1852 Local funding for educational facilities
10 benefit districts or community development districts.--Upon
11 confirmation by a district school board of the commitment of
12 revenues by an educational facilities benefit district or
13 community development district necessary to construct and
14 maintain an educational facility contained within an
15 individual district facilities work program or proposed by an
16 approved charter school or a charter school applicant, the
17 following funds shall be provided to the educational
18 facilities benefit district or community development district
19 annually, beginning with the next fiscal year after
20 confirmation until the district's financial obligations are
21 completed:
22 (1) All educational facilities impact fee revenue
23 collected for new development within the educational
24 facilities benefit district or community development district.
25 Funds provided under this subsection shall be used to fund the
26 construction and capital maintenance costs of educational
27 facilities.
28 (2) For construction and capital maintenance costs not
29 covered by the funds provided under subsection (1), an annual
30 amount contributed by the district school board equal to
31 one-half of the remaining costs of construction and capital
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1 maintenance of the educational facility. Any construction
2 costs above the cost-per-student criteria established for the
3 SIT Program in s. 235.216(2) shall be funded exclusively by
4 the educational facilities benefit district or the community
5 development district. Funds contributed by a district school
6 board shall not be used to fund operational costs.
7
8 Educational facilities funded pursuant to this act may be
9 constructed on land that is owned by any person after the
10 district school board has acquired from the owner of the land
11 a long-term lease for the use of this land for a period of not
12 less than 40 years or the life expectancy of the permanent
13 facilities constructed thereon, whichever is longer. All
14 interlocal agreements entered into pursuant to this act shall
15 provide for ownership of educational facilities funded
16 pursuant to this act to revert to the district school board if
17 such facilities cease to be used for public educational
18 purposes prior to 40 years after construction or prior to the
19 end of the life expectancy of the educational facilities,
20 whichever is longer.
21 Section 21. Section 235.1853, Florida Statutes, is
22 created to read:
23 235.1853 Educational facilities benefit district or
24 community development district facility utilization.--The
25 student population of all facilities funded pursuant to this
26 act shall, to the greatest extent possible, reflect the
27 racial, ethnic, and socioeconomic balance of the school
28 district pursuant to state and federal law. However, to the
29 extent allowable pursuant to state and federal law, the
30 interlocal agreement providing for the establishment of the
31 educational facilities benefit district or the interlocal
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1 agreement between the community development district and the
2 district school board and affected local general purpose
3 governments may provide for the district school board to
4 establish school attendance zones that allow students residing
5 within a reasonable distance of facilities financed through
6 the interlocal agreement to attend such facilities.
7 Section 22. Section 235.188, Florida Statutes, is
8 amended to read:
9 235.188 Full bonding required to participate in
10 programs.--Any district with unused bonding capacity in its
11 Capital Outlay and Debt Service Trust Fund allocation that
12 certifies in its district educational facilities plan work
13 program that it will not be able to meet all of its need for
14 new student stations within existing revenues must fully bond
15 its Capital Outlay and Debt Service Trust Fund allocation
16 before it may participate in Classrooms First, the School
17 Infrastructure Thrift (SIT) Program, or the Effort Index
18 Grants Program.
19 Section 23. Section 235.19, Florida Statutes, is
20 amended to read:
21 235.19 Site planning and selection.--
22 (1) Before acquiring property for sites, each board
23 shall determine the location of proposed educational centers
24 or campuses for the board. In making this determination, the
25 board shall consider existing and anticipated site needs and
26 the most economical and practicable locations of sites. The
27 board shall coordinate with the long-range or comprehensive
28 plans of local, regional, and state governmental agencies to
29 assure the consistency compatibility of such plans with site
30 planning. Boards are encouraged to locate district educational
31 facilities schools proximate to urban residential areas to the
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1 extent possible, and shall seek to collocate district
2 educational facilities schools with other public facilities,
3 such as parks, libraries, and community centers, to the extent
4 possible, and to encourage using elementary schools as focal
5 points for neighborhoods.
6 (2) Each new site selected must be adequate in size to
7 meet the educational needs of the students to be served on
8 that site by the original educational facility or future
9 expansions of the facility through renovation or the addition
10 of relocatables. The Commissioner of Education shall prescribe
11 by rule recommended sizes for new sites according to
12 categories of students to be housed and other appropriate
13 factors determined by the commissioner. Less-than-recommended
14 site sizes are allowed if the board, by a two-thirds majority,
15 recommends such a site and finds that it can provide an
16 appropriate and equitable educational program on the site.
17 (3) Sites recommended for purchase, or purchased, in
18 accordance with chapter 230 or chapter 240 must meet standards
19 prescribed therein and such supplementary standards as the
20 commissioner prescribes to promote the educational interests
21 of the students. Each site must be well drained and suitable
22 for outdoor educational purposes as appropriate for the
23 educational program or collocated with facilities to serve
24 this purpose. As provided in s. 333.03, the site must not be
25 located within any path of flight approach of any airport.
26 Insofar as is practicable, the site must not adjoin a
27 right-of-way of any railroad or through highway and must not
28 be adjacent to any factory or other property from which noise,
29 odors, or other disturbances, or at which conditions, would be
30 likely to interfere with the educational program. To the
31 extent practicable, sites must be chosen which will provide
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1 safe access from neighborhoods to schools.
2 (4) It shall be the responsibility of the board to
3 provide adequate notice to appropriate municipal, county,
4 regional, and state governmental agencies for requested
5 traffic control and safety devices so they can be installed
6 and operating prior to the first day of classes or to satisfy
7 itself that every reasonable effort has been made in
8 sufficient time to secure the installation and operation of
9 such necessary devices prior to the first day of classes. It
10 shall also be the responsibility of the board to review
11 annually traffic control and safety device needs and to
12 request all necessary changes indicated by such review.
13 (5) Each board may request county and municipal
14 governments to construct and maintain sidewalks and bicycle
15 trails within a 2-mile radius of each educational facility
16 within the jurisdiction of the local government. When a board
17 discovers or is aware of an existing hazard on or near a
18 public sidewalk, street, or highway within a 2-mile radius of
19 a school site and the hazard endangers the life or threatens
20 the health or safety of students who walk, ride bicycles, or
21 are transported regularly between their homes and the school
22 in which they are enrolled, the board shall, within 24 hours
23 after discovering or becoming aware of the hazard, excluding
24 Saturdays, Sundays, and legal holidays, report such hazard to
25 the governmental entity within the jurisdiction of which the
26 hazard is located. Within 5 days after receiving notification
27 by the board, excluding Saturdays, Sundays, and legal
28 holidays, the governmental entity shall investigate the
29 hazardous condition and either correct it or provide such
30 precautions as are practicable to safeguard students until the
31 hazard can be permanently corrected. However, if the
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1 governmental entity that has jurisdiction determines upon
2 investigation that it is impracticable to correct the hazard,
3 or if the entity determines that the reported condition does
4 not endanger the life or threaten the health or safety of
5 students, the entity shall, within 5 days after notification
6 by the board, excluding Saturdays, Sundays, and legal
7 holidays, inform the board in writing of its reasons for not
8 correcting the condition. The governmental entity, to the
9 extent allowed by law, shall indemnify the board from any
10 liability with respect to accidents or injuries, if any,
11 arising out of the hazardous condition.
12 (6) If the school board and local government have
13 entered into an interlocal agreement pursuant to s. 235.193(2)
14 and either s. 163.3177(6)(h)4. or s. 163.31777 or have
15 developed a process to ensure consistency between the local
16 government comprehensive plan and the school district
17 educational facilities plan, site planning and selection must
18 be consistent with the interlocal agreements and the plans.
19 Section 24. Section 235.193, Florida Statutes, is
20 amended to read:
21 235.193 Coordination of planning with local governing
22 bodies.--
23 (1) It is the policy of this state to require the
24 coordination of planning between boards and local governing
25 bodies to ensure that plans for the construction and opening
26 of public educational facilities are facilitated and
27 coordinated in time and place with plans for residential
28 development, concurrently with other necessary services. Such
29 planning shall include the integration of the educational
30 facilities plan plant survey and applicable policies and
31 procedures of a board with the local comprehensive plan and
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1 land development regulations of local governments governing
2 bodies. The planning must include the consideration of
3 allowing students to attend the school located nearest their
4 homes when a new housing development is constructed near a
5 county boundary and it is more feasible to transport the
6 students a short distance to an existing facility in an
7 adjacent county than to construct a new facility or transport
8 students longer distances in their county of residence. The
9 planning must also consider the effects of the location of
10 public education facilities, including the feasibility of
11 keeping central city facilities viable, in order to encourage
12 central city redevelopment and the efficient use of
13 infrastructure and to discourage uncontrolled urban sprawl. In
14 addition, all parties to the planning process must consult
15 with state and local road departments to assist in
16 implementing the Safe Paths to Schools program administered by
17 the Department of Transportation.
18 (2)(a) The school board, county, and nonexempt
19 municipalities located within the geographic area of a school
20 district shall enter into an interlocal agreement that jointly
21 establishes the specific ways in which the plans and processes
22 of the district school board and the local governments are to
23 be coordinated. The interlocal agreements shall be submitted
24 to the state land planning agency and the Office of
25 Educational Facilities and the SMART Schools Clearinghouse in
26 accordance with a schedule published by the state land
27 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 district school board,
31 commencing on March 1, 2003, and concluding by December 1,
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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 rate is 1,000 or greater, or
11 where the projected 5-year student growth rate is 10 percent
12 or 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 district school board
17 may petition the state land planning agency for a waiver of
18 one or more of the requirements of subsection (3). The waiver
19 must be granted if the procedures called for in subsection (3)
20 are unnecessary because of the school district's declining
21 school age population, considering the district's 5-year work
22 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 subsections (2)-(9) must be
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1 updated and executed pursuant to the requirements of
2 subsections (2)-(9), if necessary. Amendments to interlocal
3 agreements adopted pursuant to subsections (2)-(9) must be
4 submitted to the state land planning agency within 30 days
5 after execution by the parties for review consistent with
6 subsections (3) and (4). Local governments and the district
7 school board in each school district are encouraged to adopt a
8 single interlocal agreement in which all join as parties. The
9 state land planning agency shall assemble and make available
10 model interlocal agreements meeting the requirements of
11 subsections (2)-(9) and shall notify local governments and,
12 jointly with the Department of Education, the district school
13 boards of the requirements of subsections (2)-(9), the dates
14 for compliance, and the sanctions for noncompliance. The state
15 land planning agency shall be available to informally review
16 proposed interlocal agreements. If the state land planning
17 agency has not received a proposed interlocal agreement for
18 informal review, the state land planning agency shall, at
19 least 60 days before the deadline for submission of the
20 executed agreement, renotify the local government and the
21 district school board of the upcoming deadline and the
22 potential for sanctions.
23 (3) At a minimum, the interlocal agreement must
24 address the following issues:
25 (a) A process by which each local government and the
26 district school board agree and base their plans on consistent
27 projections of the amount, type, and distribution of
28 population growth and student enrollment. The geographic
29 distribution of jurisdiction-wide growth forecasts is a major
30 objective of the process.
31 (b) A process to coordinate and share information
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1 relating to existing and planned public school facilities,
2 including school renovations and closures, and local
3 government plans for development and redevelopment.
4 (c) Participation by affected local governments with
5 the district school board in the process of evaluating
6 potential school closures, significant renovations to existing
7 schools, and new school site selection before land
8 acquisition. Local governments shall advise the district
9 school board as to the consistency of the proposed closure,
10 renovation, or new site with the local comprehensive plan,
11 including appropriate circumstances and criteria under which a
12 district school board may request an amendment to the
13 comprehensive plan for school siting.
14 (d) A process for determining the need for and timing
15 of on-site and off-site improvements to support new
16 construction, proposed expansion, or redevelopment of existing
17 schools. The process shall address identification of the party
18 or parties responsible for the improvements.
19 (e) A process for the school board to inform the local
20 government regarding school capacity. The capacity reporting
21 must be consistent with laws and rules regarding measurement
22 of school facility capacity and must also identify how the
23 district school board will meet the public school demand based
24 on the facilities work program adopted pursuant to s. 235.185.
25 (f) Participation of the local governments in the
26 preparation of the annual update to the school board's 5-year
27 district facilities work program and educational plant survey
28 prepared pursuant to s. 235.185.
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.
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1 (h) A procedure for the resolution of disputes between
2 the district school board and local governments, which may
3 include the dispute-resolution processes contained in chapters
4 164 and 186.
5 (i) An oversight process, including an opportunity for
6 public participation, for the implementation of the interlocal
7 agreement.
8
9 A signatory to the interlocal agreement may elect not to
10 include a provision meeting the requirements of paragraph (e);
11 however, such a decision may be made only after a public
12 hearing on such election, which may include the public hearing
13 in which a district school board or a local government adopts
14 the interlocal agreement. An interlocal agreement entered into
15 pursuant to this section must be consistent with the adopted
16 comprehensive plan and land development regulations of any
17 local government that is a signatory.
18 (4)(a) The Office of Educational Facilities and SMART
19 Schools Clearinghouse shall submit any comments or concerns
20 regarding the executed interlocal agreement to the state land
21 planning agency within 30 days after receipt of the executed
22 interlocal agreement. The state land planning agency shall
23 review the executed interlocal agreement to determine whether
24 it is consistent with the requirements of subsection (3), the
25 adopted local government comprehensive plan, and other
26 requirements of law. Within 60 days after receipt of an
27 executed interlocal agreement, the state land planning agency
28 shall publish a notice of intent in the Florida Administrative
29 Weekly and shall post a copy of the notice on the agency's
30 Internet site. The notice of intent must state that the
31 interlocal agreement is consistent or inconsistent with the
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1 requirements of subsection (3) and this subsection as
2 appropriate.
3 (b) The state land planning agency's notice is subject
4 to challenge under chapter 120; however, an affected person,
5 as defined in s. 163.3184(1)(a), has standing to initiate the
6 administrative proceeding and this proceeding is the sole
7 means available to challenge the consistency of an interlocal
8 agreement required by this section with the criteria contained
9 in subsection (3) and this subsection. In order to have
10 standing, each person must have submitted oral or written
11 comments, recommendations, or objections to the local
12 government or the school board before the adoption of the
13 interlocal agreement by the district school board and local
14 government. The district school board and local governments
15 are parties to any such proceeding. In this proceeding, when
16 the state land planning agency finds the interlocal agreement
17 to be consistent with the criteria in subsection (3) and this
18 subsection, the interlocal agreement must be determined to be
19 consistent with subsection (3) and this subsection if the
20 local government's and school board's determination of
21 consistency is fairly debatable. When the state land planning
22 agency finds the interlocal agreement to be inconsistent with
23 the requirements of subsection (3) and this subsection, the
24 local government's and school board's determination of
25 consistency shall be sustained unless it is shown by a
26 preponderance of the evidence that the interlocal agreement is
27 inconsistent.
28 (c) If the state land planning agency enters a final
29 order that finds that the interlocal agreement is inconsistent
30 with the requirements of subsection (3) or this subsection,
31 the state land planning agency shall forward it to the
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1 Administration Commission, which may impose sanctions against
2 the local government pursuant to s. 163.3184(11) and may
3 impose sanctions against the district school board by
4 directing the Department of Education to withhold an
5 equivalent amount of funds for school construction available
6 pursuant to ss. 235.187, 235.216, 235.2195, and 235.42.
7 (5) If an executed interlocal agreement is not timely
8 submitted to the state land planning agency for review, the
9 state land planning agency shall, within 15 working days after
10 the deadline for submittal, issue to the local government and
11 the district school board a Notice to Show Cause why sanctions
12 should not be imposed for failure to submit an executed
13 interlocal agreement by the deadline established by the
14 agency. The agency shall forward the notice and the responses
15 to the Administration Commission, which may enter a final
16 order citing the failure to comply and imposing sanctions
17 against the local government and district school board by
18 directing the appropriate agencies to withhold at least 5
19 percent of state funds pursuant to s. 163.3184(11) and by
20 directing the Department of Education to withhold from the
21 district school board at least 5 percent of funds for school
22 construction available pursuant to ss. 235.187, 235.216,
23 235.2195, and 235.42.
24 (6) Any local government transmitting a public school
25 element to implement school concurrency pursuant to the
26 requirements of s. 163.3180 before the effective date of this
27 section is not required to amend the element or any interlocal
28 agreement to conform with the provisions of subsections
29 (2)-(8) if the element is adopted prior to or within 1 year
30 after the effective date of subsections (2)-(8) and remains in
31 effect.
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1 (7) Except as provided in subsection (8),
2 municipalities having no established need for a new facility
3 and meeting the following criteria are exempt from the
4 requirements of subsections (2), (3) and (4):
5 (a) The municipality has no public schools located
6 within its boundaries.
7 (b) The district school board's 5-year facilities work
8 program and the long-term 10-year and 20-year work programs,
9 as provided in s. 235.185, demonstrate that no new school
10 facility is needed in the municipality. In addition, the
11 district school board must verify in writing that no new
12 school facility will be needed in the municipality within the
13 5-year and 10-year timeframes.
14 (8) At the time of the evaluation and appraisal
15 report, each exempt municipality shall assess the extent to
16 which it continues to meet the criteria for exemption under
17 subsection (7). If the municipality continues to meet these
18 criteria and the district school board verifies in writing
19 that no new school facilities will be needed within the 5-year
20 and 10-year timeframes, the municipality shall continue to be
21 exempt from the interlocal-agreement requirement. Each
22 municipality exempt under subsection (7) must comply with the
23 provisions of subsections (2)-(8) within 1 year after the
24 district school board proposes, in its 5-year district
25 facilities work program, a new school within the
26 municipality's jurisdiction.
27 (9)(2) A school board and the local governing body
28 must share and coordinate information related to existing and
29 planned public school facilities; proposals for development,
30 redevelopment, or additional development; and infrastructure
31 required to support the public school facilities, concurrent
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1 with proposed development. A school board shall use
2 information produced by the demographic, revenue, and
3 education estimating conferences pursuant to s. 216.136
4 Department of Education enrollment projections when preparing
5 the 5-year district educational facilities plan work program
6 pursuant to s. 235.185, as modified and agreed to by the local
7 governments, when provided by interlocal agreement, and the
8 Office of Educational Facilities and SMART Schools
9 Clearinghouse, in and a school board shall affirmatively
10 demonstrate in the educational facilities report consideration
11 of local governments' population projections, to ensure that
12 the district educational facilities plan 5-year work program
13 not only reflects enrollment projections but also considers
14 applicable municipal and county growth and development
15 projections. The projections must be apportioned
16 geographically with assistance from the local governments
17 using local government trend data and the school district
18 student enrollment data. A school board is precluded from
19 siting a new school in a jurisdiction where the school board
20 has failed to provide the annual educational facilities plan
21 report for the prior year required pursuant to s. 235.185 s.
22 235.194 unless the failure is corrected.
23 (10)(3) The location of public educational facilities
24 shall be consistent with the comprehensive plan of the
25 appropriate local governing body developed under part II of
26 chapter 163 and consistent with the plan's implementing land
27 development regulations, to the extent that the regulations
28 are not in conflict with or the subject regulated is not
29 specifically addressed by this chapter or the State Uniform
30 Building Code, unless mutually agreed by the local government
31 and the board.
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1 (11)(4) To improve coordination relative to potential
2 educational facility sites, a board shall provide written
3 notice to the local government that has regulatory authority
4 over the use of the land consistent with an interlocal
5 agreement entered pursuant to subsections (2)-(8) at least 60
6 days prior to acquiring or leasing property that may be used
7 for a new public educational facility. The local government,
8 upon receipt of this notice, shall notify the board within 45
9 days if the site proposed for acquisition or lease is
10 consistent with the land use categories and policies of the
11 local government's comprehensive plan. This preliminary
12 notice does not constitute the local government's
13 determination of consistency pursuant to subsection (12) (5).
14 (12)(5) As early in the design phase as feasible and
15 consistent with an interlocal agreement entered pursuant to
16 subsections (2)-(8), but no later than 90 days before
17 commencing construction, the district school board shall in
18 writing request a determination of consistency with the local
19 government's comprehensive plan. but at least before
20 commencing construction of a new public educational facility,
21 The local governing body that regulates the use of land shall
22 determine, in writing within 45 90 days after receiving the
23 necessary information and a school board's request for a
24 determination, whether a proposed public educational facility
25 is consistent with the local comprehensive plan and consistent
26 with local land development regulations, to the extent that
27 the regulations are not in conflict with or the subject
28 regulated is not specifically addressed by this chapter or the
29 State Uniform Building Code, unless mutually agreed. If the
30 determination is affirmative, school construction may commence
31 proceed and further local government approvals are not
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1 required, except as provided in this section. Failure of the
2 local governing body to make a determination in writing within
3 90 days after a school board's request for a determination of
4 consistency shall be considered an approval of the school
5 board's application.
6 (13)(6) A local governing body may not deny the site
7 applicant based on adequacy of the site plan as it relates
8 solely to the needs of the school. If the site is consistent
9 with the comprehensive plan's future land use policies and
10 categories in which public schools are identified as allowable
11 uses, the local government may not deny the application but it
12 may impose reasonable development standards and conditions in
13 accordance with s. 235.34(1) and consider the site plan and
14 its adequacy as it relates to environmental concerns, health,
15 safety and welfare, and effects on adjacent property.
16 Standards and conditions may not be imposed which conflict
17 with those established in this chapter or the Florida State
18 Uniform Building Code, unless mutually agreed and consistent
19 with the interlocal agreement required by subsections (2)-(8).
20 (14)(7) This section does not prohibit a local
21 governing body and district school board from agreeing and
22 establishing an alternative process for reviewing a proposed
23 educational facility and site plan, and offsite impacts,
24 pursuant to an interlocal agreement adopted in accordance with
25 subsections (2)-(8).
26 (15)(8) Existing schools shall be considered
27 consistent with the applicable local government comprehensive
28 plan adopted under part II of chapter 163. The collocation of
29 a new proposed public educational facility with an existing
30 public educational facility, or the expansion of an existing
31 public educational facility is not inconsistent with the local
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Amendment No. ___ Barcode 144778
1 comprehensive plan, if the site is consistent with the
2 comprehensive plan's future land use policies and categories
3 in which public schools are identified as allowable uses, and
4 levels of service adopted by the local government for any
5 facilities affected by the proposed location for the new
6 facility are maintained. If a board submits an application to
7 expand an existing school site, the local governing body may
8 impose reasonable development standards and conditions on the
9 expansion only, and in a manner consistent with s. 235.34(1).
10 Standards and conditions may not be imposed which conflict
11 with those established in this chapter or the Florida State
12 Uniform Building Code, unless mutually agreed upon. Local
13 government review or approval is not required for:
14 (a) The placement of temporary or portable classroom
15 facilities; or
16 (b) Proposed renovation or construction on existing
17 school sites, with the exception of construction that changes
18 the primary use of a facility, includes stadiums, or results
19 in a greater than 5 percent increase in student capacity, or
20 as mutually agreed upon, pursuant to an interlocal agreement
21 adopted in accordance with subsections (2)-(8).
22 Section 25. Section 235.194, Florida Statutes, is
23 repealed.
24 Section 26. Section 235.218, Florida Statutes, is
25 amended to read:
26 235.218 School district educational facilities plan
27 work program performance and productivity standards;
28 development; measurement; application.--
29 (1) The Office of Educational Facilities and SMART
30 Schools Clearinghouse shall develop and adopt measures for
31 evaluating the performance and productivity of school district
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Amendment No. ___ Barcode 144778
1 educational facilities plans work programs. The measures may
2 be both quantitative and qualitative and must, to the maximum
3 extent practical, assess those factors that are within the
4 districts' control. The measures must, at a minimum, assess
5 performance in the following areas:
6 (a) Frugal production of high-quality projects.
7 (b) Efficient finance and administration.
8 (c) Optimal school and classroom size and utilization
9 rate.
10 (d) Safety.
11 (e) Core facility space needs and cost-effective
12 capacity improvements that consider demographic projections.
13 (f) Level of district local effort.
14 (2) The office clearinghouse shall establish annual
15 performance objectives and standards that can be used to
16 evaluate district performance and productivity.
17 (3) The office clearinghouse shall conduct ongoing
18 evaluations of district educational facilities program
19 performance and productivity, using the measures adopted under
20 this section. If, using these measures, the office
21 clearinghouse finds that a district failed to perform
22 satisfactorily, the office clearinghouse must recommend to the
23 district school board actions to be taken to improve the
24 district's performance.
25 Section 27. Paragraph (c) of subsection (2) of section
26 235.2197, Florida Statutes, is amended to read:
27 235.2197 Florida Frugal Schools Program.--
28 (2) The "Florida Frugal Schools Program" is created to
29 recognize publicly each district school board that agrees to
30 build frugal yet functional educational facilities and that
31 implements "best financial management practices" when
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Amendment No. ___ Barcode 144778
1 planning, constructing, and operating educational facilities.
2 The Florida State Board of Education shall recognize a
3 district school board as having a Florida Frugal Schools
4 Program if the district requests recognition and satisfies two
5 or more of the following criteria:
6 (c) The district school board submits a plan to the
7 Commissioner of Education certifying how the revenues
8 generated by the levy of the capital outlay sales surtax
9 authorized by s. 212.055(6) will be spent. The plan must
10 include at least the following assurances about the use of the
11 proceeds of the surtax and any accrued interest:
12 1. The district school board will use the surtax and
13 accrued interest only for the fixed capital outlay purposes
14 identified by s. 212.055(6)(d) which will reduce school
15 overcrowding that has been validated by the Department of
16 Education, or for the repayment of bonded indebtedness related
17 to such capital outlay purposes.
18 2. The district school board will not spend the surtax
19 or accrued interest to pay for operational expenses or for the
20 construction, renovation, or remodeling of any administrative
21 building or any other ancillary facility that is not directly
22 related to the instruction, feeding, or transportation of
23 students enrolled in the public schools.
24 3. The district school board's use of the surtax and
25 accrued interest will be consistent with the best financial
26 management practices identified and approved under s.
27 230.23025.
28 4. The district school board will apply the
29 educational facilities contracting and construction techniques
30 authorized by s. 235.211 or other construction management
31 techniques to reduce the cost of educational facilities.
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1 5. The district school board will discontinue the
2 surtax levy when the district has provided the
3 survey-recommended educational facilities that were determined
4 to be necessary to relieve school overcrowding; when the
5 district has satisfied any bonded indebtedness incurred for
6 such educational facilities; or when the district's other
7 sources of capital outlay funds are sufficient to provide such
8 educational facilities, whichever occurs first.
9 6. The district school board will use any excess
10 surtax collections or accrued interest to reduce the
11 discretionary outlay millage levied under s. 236.25(2).
12 Section 28. Section 235.321, Florida Statutes, is
13 amended to read:
14 235.321 Changes in construction requirements after
15 award of contract.--The board may, at its option and by
16 written policy duly adopted and entered in its official
17 minutes, authorize the superintendent or president or other
18 designated individual to approve change orders in the name of
19 the board for preestablished amounts. Approvals shall be for
20 the purpose of expediting the work in progress and shall be
21 reported to the board and entered in its official minutes. For
22 accountability, the school district shall monitor and report
23 the impact of change orders on its district educational
24 facilities plan work program pursuant to s. 235.185.
25 Section 29. Paragraph (d) of subsection (5) of section
26 236.25, Florida Statutes, is amended to read:
27 236.25 District school tax.--
28 (5)
29 (d) Notwithstanding any other provision of this
30 subsection, if through its adopted educational facilities plan
31 work program a district has clearly identified the need for an
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1 ancillary plant, has provided opportunity for public input as
2 to the relative value of the ancillary plant versus an
3 educational plant, and has obtained public approval, the
4 district may use revenue generated by the millage levy
5 authorized by subsection (2) for the acquisition,
6 construction, renovation, remodeling, maintenance, or repair
7 of an ancillary plant.
8
9 A district that violates these expenditure restrictions shall
10 have an equal dollar reduction in funds appropriated to the
11 district under s. 236.081 in the fiscal year following the
12 audit citation. The expenditure restrictions do not apply to
13 any school district that certifies to the Commissioner of
14 Education that all of the district's instructional space needs
15 for the next 5 years can be met from capital outlay sources
16 that the district reasonably expects to receive during the
17 next 5 years or from alternative scheduling or construction,
18 leasing, rezoning, or technological methodologies that exhibit
19 sound management.
20 Section 30. Subsection (3) of section 380.04, Florida
21 Statutes, is amended to read:
22 380.04 Definition of development.--
23 (3) The following operations or uses shall not be
24 taken for the purpose of this chapter to involve "development"
25 as defined in this section:
26 (a) Work by a highway or road agency or railroad
27 company for the maintenance or improvement of a road or
28 railroad track, if the work is carried out on land within the
29 boundaries of the right-of-way.
30 (b) Work by any utility and other persons engaged in
31 the distribution or transmission of electricity, gas, or
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1 water, for the purpose of inspecting, repairing, renewing, or
2 constructing on established rights-of-way any sewers, mains,
3 pipes, cables, utility tunnels, power lines, towers, poles,
4 tracks, or the like.
5 (c) Work for the maintenance, renewal, improvement, or
6 alteration of any structure, if the work affects only the
7 interior or the color of the structure or the decoration of
8 the exterior of the structure.
9 (d) The use of any structure or land devoted to
10 dwelling uses for any purpose customarily incidental to
11 enjoyment of the dwelling.
12 (e) The use of any land for the purpose of growing
13 plants, crops, trees, and other agricultural or forestry
14 products; raising livestock; or for other agricultural
15 purposes.
16 (f) A change in use of land or structure from a use
17 within a class specified in an ordinance or rule to another
18 use in the same class.
19 (g) A change in the ownership or form of ownership of
20 any parcel or structure.
21 (h) The creation or termination of rights of access,
22 riparian rights, easements, covenants concerning development
23 of land, or other rights in land.
24 Section 31. Paragraph (d) of subsection (2), paragraph
25 (b) of subsection (4), paragraph (a) of subsection (8),
26 subsection (12), paragraph (c) of subsection (15), subsection
27 (18), and paragraphs (b), (e), and (f) of subsection (19) of
28 section 380.06, Florida Statutes, are amended, and paragraphs
29 (i) and (j) are added to subsection (24) of that section, to
30 read:
31 380.06 Developments of regional impact.--
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1 (2) STATEWIDE GUIDELINES AND STANDARDS.--
2 (d) The guidelines and standards shall be applied as
3 follows:
4 1. Fixed thresholds.--
5 a. A development that is at or below 100 80 percent of
6 all numerical thresholds in the guidelines and standards shall
7 not be required to undergo development-of-regional-impact
8 review.
9 b. A development that is at or above 120 percent of
10 any numerical threshold shall be required to undergo
11 development-of-regional-impact review.
12 c. Projects certified under s. 403.973 which create at
13 least 100 jobs and meet the criteria of the Office of Tourism,
14 Trade, and Economic Development as to their impact on an
15 area's economy, employment, and prevailing wage and skill
16 levels that are at or below 100 percent of the numerical
17 thresholds for industrial plants, industrial parks,
18 distribution, warehousing or wholesaling facilities, office
19 development or multiuse projects other than residential, as
20 described in s. 380.0651(3)(c), (d), and (i), are not required
21 to undergo development-of-regional-impact review.
22 2. Rebuttable presumption presumptions.--
23 a. It shall be presumed that a development that is
24 between 80 and 100 percent of a numerical threshold shall not
25 be required to undergo development-of-regional-impact review.
26 b. It shall be presumed that a development that is at
27 100 percent or between 100 and 120 percent of a numerical
28 threshold shall be required to undergo
29 development-of-regional-impact review.
30 (4) BINDING LETTER.--
31 (b) Unless a developer waives the requirements of this
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1 paragraph by agreeing to undergo
2 development-of-regional-impact review pursuant to this
3 section, the state land planning agency or local government
4 with jurisdiction over the land on which a development is
5 proposed may require a developer to obtain a binding letter
6 if:
7 1. the development is at a presumptive numerical
8 threshold or up to 20 percent above a numerical threshold in
9 the guidelines and standards.; or
10 2. The development is between a presumptive numerical
11 threshold and 20 percent below the numerical threshold and the
12 local government or the state land planning agency is in doubt
13 as to whether the character or magnitude of the development at
14 the proposed location creates a likelihood that the
15 development will have a substantial effect on the health,
16 safety, or welfare of citizens of more than one county.
17 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.--
18 (a) A developer may enter into a written preliminary
19 development agreement with the state land planning agency to
20 allow a developer to proceed with a limited amount of the
21 total proposed development, subject to all other governmental
22 approvals and solely at the developer's own risk, prior to
23 issuance of a final development order. All owners of the land
24 in the total proposed development shall join the developer as
25 parties to the agreement. Each agreement shall include and be
26 subject to the following conditions:
27 1. The developer shall comply with the preapplication
28 conference requirements pursuant to subsection (7) within 45
29 days after the execution of the agreement.
30 2. The developer shall file an application for
31 development approval for the total proposed development within
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1 3 months after execution of the agreement, unless the state
2 land planning agency agrees to a different time for good cause
3 shown. Failure to timely file an application and to otherwise
4 diligently proceed in good faith to obtain a final development
5 order shall constitute a breach of the preliminary development
6 agreement.
7 3. The agreement shall include maps and legal
8 descriptions of both the preliminary development area and the
9 total proposed development area and shall specifically
10 describe the preliminary development in terms of magnitude and
11 location. The area approved for preliminary development must
12 be included in the application for development approval and
13 shall be subject to the terms and conditions of the final
14 development order.
15 4. The preliminary development shall be limited to
16 lands that the state land planning agency agrees are suitable
17 for development and shall only be allowed in areas where
18 adequate public infrastructure exists to accommodate the
19 preliminary development, when such development will utilize
20 public infrastructure. The developer must also demonstrate
21 that the preliminary development will not result in material
22 adverse impacts to existing resources or existing or planned
23 facilities.
24 5. The preliminary development agreement may allow
25 development which is:
26 a. Less than or equal to 100 80 percent of any
27 applicable threshold if the developer demonstrates that such
28 development is consistent with subparagraph 4.; or
29 b. Less than 120 percent of any applicable threshold
30 if the developer demonstrates that such development is part of
31 a proposed downtown development of regional impact specified
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1 in subsection (22) or part of any areawide development of
2 regional impact specified in subsection (25) and that the
3 development is consistent with subparagraph 4.
4 6. The developer and owners of the land may not claim
5 vested rights, or assert equitable estoppel, arising from the
6 agreement or any expenditures or actions taken in reliance on
7 the agreement to continue with the total proposed development
8 beyond the preliminary development. The agreement shall not
9 entitle the developer to a final development order approving
10 the total proposed development or to particular conditions in
11 a final development order.
12 7. The agreement shall not prohibit the regional
13 planning agency from reviewing or commenting on any regional
14 issue that the regional agency determines should be included
15 in the regional agency's report on the application for
16 development approval.
17 8. The agreement shall include a disclosure by the
18 developer and all the owners of the land in the total proposed
19 development of all land or development within 5 miles of the
20 total proposed development in which they have an interest and
21 shall describe such interest.
22 9. In the event of a breach of the agreement or
23 failure to comply with any condition of the agreement, or if
24 the agreement was based on materially inaccurate information,
25 the state land planning agency may terminate the agreement or
26 file suit to enforce the agreement as provided in this section
27 and s. 380.11, including a suit to enjoin all development.
28 10. A notice of the preliminary development agreement
29 shall be recorded by the developer in accordance with s.
30 28.222 with the clerk of the circuit court for each county in
31 which land covered by the terms of the agreement is located.
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1 The notice shall include a legal description of the land
2 covered by the agreement and shall state the parties to the
3 agreement, the date of adoption of the agreement and any
4 subsequent amendments, the location where the agreement may be
5 examined, and that the agreement constitutes a land
6 development regulation applicable to portions of the land
7 covered by the agreement. The provisions of the agreement
8 shall inure to the benefit of and be binding upon successors
9 and assigns of the parties in the agreement.
10 11. Except for those agreements which authorize
11 preliminary development for substantial deviations pursuant to
12 subsection (19), a developer who no longer wishes to pursue a
13 development of regional impact may propose to abandon any
14 preliminary development agreement executed after January 1,
15 1985, including those pursuant to s. 380.032(3), provided at
16 the time of abandonment:
17 a. A final development order under this section has
18 been rendered that approves all of the development actually
19 constructed; or
20 b. The amount of development is less than 100 80
21 percent of all numerical thresholds of the guidelines and
22 standards, and the state land planning agency determines in
23 writing that the development to date is in compliance with all
24 applicable local regulations and the terms and conditions of
25 the preliminary development agreement and otherwise adequately
26 mitigates for the impacts of the development to date.
27
28 In either event, when a developer proposes to abandon said
29 agreement, the developer shall give written notice and state
30 that he or she is no longer proposing a development of
31 regional impact and provide adequate documentation that he or
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1 she has met the criteria for abandonment of the agreement to
2 the state land planning agency. Within 30 days of receipt of
3 adequate documentation of such notice, the state land planning
4 agency shall make its determination as to whether or not the
5 developer meets the criteria for abandonment. Once the state
6 land planning agency determines that the developer meets the
7 criteria for abandonment, the state land planning agency shall
8 issue a notice of abandonment which shall be recorded by the
9 developer in accordance with s. 28.222 with the clerk of the
10 circuit court for each county in which land covered by the
11 terms of the agreement is located.
12 (12) REGIONAL REPORTS.--
13 (a) Within 50 days after receipt of the notice of
14 public hearing required in paragraph (11)(c), the regional
15 planning agency, if one has been designated for the area
16 including the local government, shall prepare and submit to
17 the local government a report and recommendations on the
18 regional impact of the proposed development. In preparing its
19 report and recommendations, the regional planning agency shall
20 identify regional issues based upon the following review
21 criteria and make recommendations to the local government on
22 these regional issues, specifically considering whether, and
23 the extent to which:
24 1. The development will have a favorable or
25 unfavorable impact on state or regional resources or
26 facilities identified in the applicable state or regional
27 plans. For the purposes of this subsection, "applicable state
28 plan" means the state comprehensive plan. For the purposes of
29 this subsection, "applicable regional plan" means an adopted
30 comprehensive regional policy plan until the adoption of a
31 strategic regional policy plan pursuant to s. 186.508, and
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1 thereafter means an adopted strategic regional policy plan.
2 2. The development will significantly impact adjacent
3 jurisdictions. At the request of the appropriate local
4 government, regional planning agencies may also review and
5 comment upon issues that affect only the requesting local
6 government.
7 3. As one of the issues considered in the review in
8 subparagraphs 1. and 2., the development will favorably or
9 adversely affect the ability of people to find adequate
10 housing reasonably accessible to their places of employment.
11 The determination should take into account information on
12 factors that are relevant to the availability of reasonably
13 accessible adequate housing. Adequate housing means housing
14 that is available for occupancy and that is not substandard.
15 (b) At the request of the regional planning agency,
16 other appropriate agencies shall review the proposed
17 development and shall prepare reports and recommendations on
18 issues that are clearly within the jurisdiction of those
19 agencies. Such agency reports shall become part of the
20 regional planning agency report; however, the regional
21 planning agency may attach dissenting views. When water
22 management district and Department of Environmental Protection
23 permits have been issued pursuant to chapter 373 or chapter
24 403, the regional planning council may comment on the regional
25 implications of the permits but may not offer conflicting
26 recommendations.
27 (c) The regional planning agency shall afford the
28 developer or any substantially affected party reasonable
29 opportunity to present evidence to the regional planning
30 agency head relating to the proposed regional agency report
31 and recommendations.
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1 (d) When the location of a proposed development
2 involves land within the boundaries of multiple regional
3 planning councils, the state land planning agency shall
4 designate a lead regional planning council. The lead regional
5 planning council shall prepare the regional report.
6 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
7 (c) The development order shall include findings of
8 fact and conclusions of law consistent with subsections (13)
9 and (14). The development order:
10 1. Shall specify the monitoring procedures and the
11 local official responsible for assuring compliance by the
12 developer with the development order.
13 2. Shall establish compliance dates for the
14 development order, including a deadline for commencing
15 physical development and for compliance with conditions of
16 approval or phasing requirements, and shall include a
17 termination date that reasonably reflects the time required to
18 complete the development.
19 3. Shall establish a date until which the local
20 government agrees that the approved development of regional
21 impact shall not be subject to downzoning, unit density
22 reduction, or intensity reduction, unless the local government
23 can demonstrate that substantial changes in the conditions
24 underlying the approval of the development order have occurred
25 or the development order was based on substantially inaccurate
26 information provided by the developer or that the change is
27 clearly established by local government to be essential to the
28 public health, safety, or welfare.
29 4. Shall specify the requirements for the biennial
30 annual report designated under subsection (18), including the
31 date of submission, parties to whom the report is submitted,
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1 and contents of the report, based upon the rules adopted by
2 the state land planning agency. Such rules shall specify the
3 scope of any additional local requirements that may be
4 necessary for the report.
5 5. May specify the types of changes to the development
6 which shall require submission for a substantial deviation
7 determination under subsection (19).
8 6. Shall include a legal description of the property.
9 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
10 submit a biennial an annual report on the development of
11 regional impact to the local government, the regional planning
12 agency, the state land planning agency, and all affected
13 permit agencies in alternate years on the date specified in
14 the development order, unless the development order by its
15 terms requires more frequent monitoring. If the annual report
16 is not received, the regional planning agency or the state
17 land planning agency shall notify the local government. If
18 the local government does not receive the annual report or
19 receives notification that the regional planning agency or the
20 state land planning agency has not received the report, the
21 local government shall request in writing that the developer
22 submit the report within 30 days. The failure to submit the
23 report after 30 days shall result in the temporary suspension
24 of the development order by the local government. If no
25 additional development pursuant to the development order has
26 occurred since the submission of the previous report, then a
27 letter from the developer stating that no development has
28 occurred shall satisfy the requirement for a report.
29 Development orders that require annual reports may be amended
30 to require biennial reports at the option of the local
31 government.
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1 (19) SUBSTANTIAL DEVIATIONS.--
2 (b) Any proposed change to a previously approved
3 development of regional impact or development order condition
4 which, either individually or cumulatively with other changes,
5 exceeds any of the following criteria shall constitute a
6 substantial deviation and shall cause the development to be
7 subject to further development-of-regional-impact review
8 without the necessity for a finding of same by the local
9 government:
10 1. An increase in the number of parking spaces at an
11 attraction or recreational facility by 5 percent or 300
12 spaces, whichever is greater, or an increase in the number of
13 spectators that may be accommodated at such a facility by 5
14 percent or 1,000 spectators, whichever is greater.
15 2. A new runway, a new terminal facility, a 25-percent
16 lengthening of an existing runway, or a 25-percent increase in
17 the number of gates of an existing terminal, but only if the
18 increase adds at least three additional gates. However, if an
19 airport is located in two counties, a 10-percent lengthening
20 of an existing runway or a 20-percent increase in the number
21 of gates of an existing terminal is the applicable criteria.
22 3. An increase in the number of hospital beds by 5
23 percent or 60 beds, whichever is greater.
24 4. An increase in industrial development area by 5
25 percent or 32 acres, whichever is greater.
26 5. An increase in the average annual acreage mined by
27 5 percent or 10 acres, whichever is greater, or an increase in
28 the average daily water consumption by a mining operation by 5
29 percent or 300,000 gallons, whichever is greater. An increase
30 in the size of the mine by 5 percent or 750 acres, whichever
31 is less.
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1 6. An increase in land area for office development by
2 5 percent or 6 acres, whichever is greater, or an increase of
3 gross floor area of office development by 5 percent or 60,000
4 gross square feet, whichever is greater.
5 7. An increase in the storage capacity for chemical or
6 petroleum storage facilities by 5 percent, 20,000 barrels, or
7 7 million pounds, whichever is greater.
8 8. An increase of development at a waterport of wet
9 storage for 20 watercraft, dry storage for 30 watercraft, or
10 wet/dry storage for 60 watercraft in an area identified in the
11 state marina siting plan as an appropriate site for additional
12 waterport development or a 5-percent increase in watercraft
13 storage capacity, whichever is greater.
14 9. An increase in the number of dwelling units by 5
15 percent or 50 dwelling units, whichever is greater.
16 10. An increase in commercial development by 6 acres
17 of land area or by 50,000 square feet of gross floor area, or
18 of parking spaces provided for customers for 300 cars or a
19 5-percent increase of either any of these, whichever is
20 greater.
21 11. An increase in hotel or motel facility units by 5
22 percent or 75 units, whichever is greater.
23 12. An increase in a recreational vehicle park area by
24 5 percent or 100 vehicle spaces, whichever is less.
25 13. A decrease in the area set aside for open space of
26 5 percent or 20 acres, whichever is less.
27 14. A proposed increase to an approved multiuse
28 development of regional impact where the sum of the increases
29 of each land use as a percentage of the applicable substantial
30 deviation criteria is equal to or exceeds 100 percent. The
31 percentage of any decrease in the amount of open space shall
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1 be treated as an increase for purposes of determining when 100
2 percent has been reached or exceeded.
3 15. A 15-percent increase in the number of external
4 vehicle trips generated by the development above that which
5 was projected during the original
6 development-of-regional-impact review.
7 16. Any change which would result in development of
8 any area which was specifically set aside in the application
9 for development approval or in the development order for
10 preservation or special protection of endangered or threatened
11 plants or animals designated as endangered, threatened, or
12 species of special concern and their habitat, primary dunes,
13 or archaeological and historical sites designated as
14 significant by the Division of Historical Resources of the
15 Department of State. The further refinement of such areas by
16 survey shall be considered under sub-subparagraph (e)5.b.
17
18 The substantial deviation numerical standards in subparagraphs
19 4., 6., 10., 14., excluding residential uses, and 15., are
20 increased by 100 percent for a project certified under s.
21 403.973 which creates jobs and meets criteria established by
22 the Office of Tourism, Trade, and Economic Development as to
23 its impact on an area's economy, employment, and prevailing
24 wage and skill levels. The substantial deviation numerical
25 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
26 increased by 50 percent for a project located wholly within an
27 urban infill and redevelopment area designated on the
28 applicable adopted local comprehensive plan future land use
29 map and not located within the coastal high hazard area.
30 (e)1. A proposed change which, either individually or,
31 if there were previous changes, cumulatively with those
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1 changes, is equal to or exceeds 40 percent of any numerical
2 criterion in subparagraphs (b)1.-15., but which does not
3 exceed such criterion, shall be presumed not to create a
4 substantial deviation subject to further
5 development-of-regional-impact review. The presumption may be
6 rebutted by clear and convincing evidence at the public
7 hearing held by the local government pursuant to subparagraph
8 (f)5.
9 2. Except for a development order rendered pursuant to
10 subsection (22) or subsection (25), a proposed change to a
11 development order that individually or cumulatively with any
12 previous change is less than 40 percent of any numerical
13 criterion contained in subparagraphs (b)1.-15. and does not
14 exceed any other criterion, or that involves an extension of
15 the buildout date of a development, or any phase thereof, of
16 less than 5 years is not subject to the public hearing
17 requirements of subparagraph (f)3., and is not subject to a
18 determination pursuant to subparagraph (f)5. Notice of the
19 proposed change shall be made to the regional planning council
20 and the state land planning agency. Such notice shall include
21 a description of previous individual changes made to the
22 development, including changes previously approved by the
23 local government, and shall include appropriate amendments to
24 the development order.
25 2. The following changes, individually or cumulatively
26 with any previous changes, are not substantial deviations:
27 a. Changes in the name of the project, developer,
28 owner, or monitoring official.
29 b. Changes to a setback that do not affect noise
30 buffers, environmental protection or mitigation areas, or
31 archaeological or historical resources.
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1 c. Changes to minimum lot sizes.
2 d. Changes in the configuration of internal roads that
3 do not affect external access points.
4 e. Changes to the building design or orientation that
5 stay approximately within the approved area designated for
6 such building and parking lot, and which do not affect
7 historical buildings designated as significant by the Division
8 of Historical Resources of the Department of State.
9 f. Changes to increase the acreage in the development,
10 provided that no development is proposed on the acreage to be
11 added.
12 g. Changes to eliminate an approved land use, provided
13 that there are no additional regional impacts.
14 h. Changes required to conform to permits approved by
15 any federal, state, or regional permitting agency, provided
16 that these changes do not create additional regional impacts.
17 i. Any renovation or redevelopment of development
18 within a previously approved development of regional impact
19 which does not change land use or increase density or
20 intensity of use.
21 (j)i. Any other change which the state land planning
22 agency agrees in writing is similar in nature, impact, or
23 character to the changes enumerated in sub-subparagraphs a.-i.
24 a.-h. and which does not create the likelihood of any
25 additional regional impact.
26
27 This subsection does not require a development order amendment
28 for any change listed in sub-subparagraphs a.-j. a.-i. unless
29 such issue is addressed either in the existing development
30 order or in the application for development approval, but, in
31 the case of the application, only if, and in the manner in
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1 which, the application is incorporated in the development
2 order.
3 3. Except for the change authorized by
4 sub-subparagraph 2.f., any addition of land not previously
5 reviewed or any change not specified in paragraph (b) or
6 paragraph (c) shall be presumed to create a substantial
7 deviation. This presumption may be rebutted by clear and
8 convincing evidence.
9 4. Any submittal of a proposed change to a previously
10 approved development shall include a description of individual
11 changes previously made to the development, including changes
12 previously approved by the local government. The local
13 government shall consider the previous and current proposed
14 changes in deciding whether such changes cumulatively
15 constitute a substantial deviation requiring further
16 development-of-regional-impact review.
17 5. The following changes to an approved development of
18 regional impact shall be presumed to create a substantial
19 deviation. Such presumption may be rebutted by clear and
20 convincing evidence.
21 a. A change proposed for 15 percent or more of the
22 acreage to a land use not previously approved in the
23 development order. Changes of less than 15 percent shall be
24 presumed not to create a substantial deviation.
25 b. Except for the types of uses listed in subparagraph
26 (b)16., any change which would result in the development of
27 any area which was specifically set aside in the application
28 for development approval or in the development order for
29 preservation, buffers, or special protection, including
30 habitat for plant and animal species, archaeological and
31 historical sites, dunes, and other special areas.
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1 c. Notwithstanding any provision of paragraph (b) to
2 the contrary, a proposed change consisting of simultaneous
3 increases and decreases of at least two of the uses within an
4 authorized multiuse development of regional impact which was
5 originally approved with three or more uses specified in s.
6 380.0651(3)(c), (d), (f), and (g) and residential use.
7 (f)1. The state land planning agency shall establish
8 by rule standard forms for submittal of proposed changes to a
9 previously approved development of regional impact which may
10 require further development-of-regional-impact review. At a
11 minimum, the standard form shall require the developer to
12 provide the precise language that the developer proposes to
13 delete or add as an amendment to the development order.
14 2. The developer shall submit, simultaneously, to the
15 local government, the regional planning agency, and the state
16 land planning agency the request for approval of a proposed
17 change.
18 3. No sooner than 30 days but no later than 45 days
19 after submittal by the developer to the local government, the
20 state land planning agency, and the appropriate regional
21 planning agency, the local government shall give 15 days'
22 notice and schedule a public hearing to consider the change
23 that the developer asserts does not create a substantial
24 deviation. This public hearing shall be held within 90 days
25 after submittal of the proposed changes, unless that time is
26 extended by the developer.
27 4. The appropriate regional planning agency or the
28 state land planning agency shall review the proposed change
29 and, no later than 45 days after submittal by the developer of
30 the proposed change, unless that time is extended by the
31 developer, and prior to the public hearing at which the
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1 proposed change is to be considered, shall advise the local
2 government in writing whether it objects to the proposed
3 change, shall specify the reasons for its objection, if any,
4 and shall provide a copy to the developer. A change which is
5 subject to the substantial deviation criteria specified in
6 sub-subparagraph (e)5.c. shall not be subject to this
7 requirement.
8 5. At the public hearing, the local government shall
9 determine whether the proposed change requires further
10 development-of-regional-impact review. The provisions of
11 paragraphs (a) and (e), the thresholds set forth in paragraph
12 (b), and the presumptions set forth in paragraphs (c) and (d)
13 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
14 applicable in determining whether further
15 development-of-regional-impact review is required.
16 6. If the local government determines that the
17 proposed change does not require further
18 development-of-regional-impact review and is otherwise
19 approved, or if the proposed change is not subject to a
20 hearing and determination pursuant to subparagraphs 3. and 5.
21 and is otherwise approved, the local government shall issue an
22 amendment to the development order incorporating the approved
23 change and conditions of approval relating to the change. The
24 decision of the local government to approve, with or without
25 conditions, or to deny the proposed change that the developer
26 asserts does not require further review shall be subject to
27 the appeal provisions of s. 380.07. However, the state land
28 planning agency may not appeal the local government decision
29 if it did not comply with subparagraph 4. The state land
30 planning agency may not appeal a change to a development order
31 made pursuant to subparagraph (e)1. or subparagraph (e)2. for
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1 developments of regional impact approved after January 1,
2 1980, unless the change would result in a significant impact
3 to a regionally significant archaeological, historical, or
4 natural resource not previously identified in the original
5 development-of-regional-impact review.
6 (24) STATUTORY EXEMPTIONS.--
7 (i) Any proposed facility for the storage of any
8 petroleum product or any expansion of an existing facility is
9 exempt from the provisions of this section, if the facility is
10 consistent with a local comprehensive plan that is in
11 compliance with s. 163.3177 or is consistent with a
12 comprehensive port master plan that is in compliance with s.
13 163.3178.
14 (j) Any renovation or redevelopment within the same
15 land parcel which does not change land use or increase density
16 or intensity of use.
17 Section 32. Paragraphs (d) and (f) of subsection (3)
18 of section 380.0651, Florida Statutes, are amended to read:
19 380.0651 Statewide guidelines and standards.--
20 (3) The following statewide guidelines and standards
21 shall be applied in the manner described in s. 380.06(2) to
22 determine whether the following developments shall be required
23 to undergo development-of-regional-impact review:
24 (d) Office development.--Any proposed office building
25 or park operated under common ownership, development plan, or
26 management that:
27 1. Encompasses 300,000 or more square feet of gross
28 floor area; or
29 2. Has a total site size of 30 or more acres; or
30 3. Encompasses more than 600,000 square feet of gross
31 floor area in a county with a population greater than 500,000
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1 and only in a geographic area specifically designated as
2 highly suitable for increased threshold intensity in the
3 approved local comprehensive plan and in the strategic
4 regional policy plan.
5 (f) Retail and service development.--Any proposed
6 retail, service, or wholesale business establishment or group
7 of establishments which deals primarily with the general
8 public onsite, operated under one common property ownership,
9 development plan, or management that:
10 1. Encompasses more than 400,000 square feet of gross
11 area; or
12 2. Occupies more than 40 acres of land; or
13 3. Provides parking spaces for more than 2,500 cars.
14 Section 33. (1) Nothing contained in this act
15 abridges or modifies any vested or other right or any duty or
16 obligation pursuant to any development order or agreement that
17 is applicable to a development of regional impact on the
18 effective date of this act. A development that has received a
19 development-of-regional-impact development order pursuant to
20 section 380.06, Florida Statutes, but is no longer required to
21 undergo development-of-regional-impact review by operation of
22 this act, shall be governed by the following procedures:
23 (a) The development shall continue to be governed by
24 the development-of-regional-impact development order and may
25 be completed in reliance upon and pursuant to the development
26 order. The development-of-regional-impact development order
27 may be enforced by the local government as provided by
28 sections 380.06(17) and 380.11, Florida Statutes.
29 (b) If requested by the developer or landowner, the
30 development-of-regional-impact development order may be
31 abandoned pursuant to the process in s. 380.06(26).
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1 (2) A development with an application for development
2 approval pending, and determined sufficient pursuant to
3 section 380.06(10), Florida Statutes, on the effective date of
4 this act, or a notification of proposed change pending on the
5 effective date of this act, may elect to continue such review
6 pursuant to section 380.06, Florida Statutes. At the
7 conclusion of the pending review, including any appeals
8 pursuant to section 380.07, Florida Statutes, the resulting
9 development order shall be governed by the provisions of
10 subsection (1).
11 Section 34. Subsection (6) is added to s. 163.3194,
12 Florida Statutes, to read:
13 163.3194 Legal status of comprehensive plan.--
14 (1)(a) After a comprehensive plan, or element or
15 portion thereof, has been adopted in conformity with this act,
16 all development undertaken by, and all actions taken in regard
17 to development orders by, governmental agencies in regard to
18 land covered by such plan or element shall be consistent with
19 such plan or element as adopted.
20 (b) All land development regulations enacted or
21 amended shall be consistent with the adopted comprehensive
22 plan, or element or portion thereof, and any land development
23 regulations existing at the time of adoption which are not
24 consistent with the adopted comprehensive plan, or element or
25 portion thereof, shall be amended so as to be consistent. If
26 a local government allows an existing land development
27 regulation which is inconsistent with the most recently
28 adopted comprehensive plan, or element or portion thereof, to
29 remain in effect, the local government shall adopt a schedule
30 for bringing the land development regulation into conformity
31 with the provisions of the most recently adopted comprehensive
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1 plan, or element or portion thereof. During the interim
2 period when the provisions of the most recently adopted
3 comprehensive plan, or element or portion thereof, and the
4 land development regulations are inconsistent, the provisions
5 of the most recently adopted comprehensive plan, or element or
6 portion thereof, shall govern any action taken in regard to an
7 application for a development order.
8 (2) After a comprehensive plan for the area, or
9 element or portion thereof, is adopted by the governing body,
10 no land development regulation, land development code, or
11 amendment thereto shall be adopted by the governing body until
12 such regulation, code, or amendment has been referred either
13 to the local planning agency or to a separate land development
14 regulation commission created pursuant to local ordinance, or
15 to both, for review and recommendation as to the relationship
16 of such proposal to the adopted comprehensive plan, or element
17 or portion thereof. Said recommendation shall be made within a
18 reasonable time, but no later than within 2 months after the
19 time of reference. If a recommendation is not made within the
20 time provided, then the governing body may act on the
21 adoption.
22 (3)(a) A development order or land development
23 regulation shall be consistent with the comprehensive plan if
24 the land uses, densities or intensities, and other aspects of
25 development permitted by such order or regulation are
26 compatible with and further the objectives, policies, land
27 uses, and densities or intensities in the comprehensive plan
28 and if it meets all other criteria enumerated by the local
29 government.
30 (b) A development approved or undertaken by a local
31 government shall be consistent with the comprehensive plan if
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1 the land uses, densities or intensities, capacity or size,
2 timing, and other aspects of the development are compatible
3 with and further the objectives, policies, land uses, and
4 densities or intensities in the comprehensive plan and if it
5 meets all other criteria enumerated by the local government.
6 (4)(a) A court, in reviewing local governmental action
7 or development regulations under this act, may consider, among
8 other things, the reasonableness of the comprehensive plan, or
9 element or elements thereof, relating to the issue justiciably
10 raised or the appropriateness and completeness of the
11 comprehensive plan, or element or elements thereof, in
12 relation to the governmental action or development regulation
13 under consideration. The court may consider the relationship
14 of the comprehensive plan, or element or elements thereof, to
15 the governmental action taken or the development regulation
16 involved in litigation, but private property shall not be
17 taken without due process of law and the payment of just
18 compensation.
19 (b) It is the intent of this act that the
20 comprehensive plan set general guidelines and principles
21 concerning its purposes and contents and that this act shall
22 be construed broadly to accomplish its stated purposes and
23 objectives.
24 (5) The tax-exempt status of lands classified as
25 agricultural under s. 193.461 shall not be affected by any
26 comprehensive plan adopted under this act as long as the land
27 meets the criteria set forth in s. 193.461.
28 (6) If a proposed solid waste management facility is
29 permitted by the Department of Environmental Protection to
30 receive materials from the construction or demolition of a
31 road or other transportation facility, a local government may
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1 not deny an application for a development approval for a
2 requested land use that would accommodate such a facility,
3 provided the local government previously approved a land use
4 classification change to a local comprehensive plan or
5 approved a rezoning to a category allowing such land use on
6 the parcel, and the requested land use was disclosed during
7 the previous comprehensive plan or rezoning hearing as being
8 an express purpose of the land use changes.
9 Section 35. It is the intent of the Legislature that
10 section 5 or section 24 of this act shall not affect the
11 outcome of any litigation pending on the effective date of
12 this act, including any future appeals. It is the further
13 intent of the Legislature that section 5 or section 24 of this
14 act do not serve as legal authority support of any party to
15 such litigation or any appeal thereof.
16 Section 36. It is the intent of the Legislature that
17 section 10 of this act shall not affect the outcome of
18 Pinecrest Lakes, Inc. v. Schidel, 795 So.2d 191 (Fla. 4th DCA
19 2001), rehearing denied, 802 So.2d 486.
20 Section 37. The Legislature finds that the integration
21 of the growth management system and the planning of public
22 educational facilities is a matter of great public importance.
23 Section 38. Section 403.064, Florida Statutes, is
24 amended to read:
25 403.064 Reuse of reclaimed water.--
26 (1) The encouragement and promotion of water
27 conservation, and reuse of reclaimed water, as defined by the
28 department, are state objectives and are considered to be in
29 the public interest. The Legislature finds that the reuse of
30 reclaimed water is a critical component of meeting the state's
31 existing and future water supply needs while sustaining
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1 natural systems. The Legislature further finds that for those
2 wastewater treatment plants permitted and operated under an
3 approved reuse program by the department, the reclaimed water
4 shall be considered environmentally acceptable and not a
5 threat to public health and safety.
6 (2) All applicants for permits to construct or operate
7 a domestic wastewater treatment facility located within,
8 serving a population located within, or discharging within a
9 water resource caution area shall prepare a reuse feasibility
10 study as part of their application for the permit. Reuse
11 feasibility studies shall be prepared in accordance with
12 department guidelines adopted by rule and shall include, but
13 are not limited to:
14 (a) Evaluation of monetary costs and benefits for
15 several levels and types of reuse.
16 (b) Evaluation of water savings if reuse is
17 implemented.
18 (c) Evaluation of rates and fees necessary to
19 implement reuse.
20 (d) Evaluation of environmental and water resource
21 benefits associated with reuse.
22 (e) Evaluation of economic, environmental, and
23 technical constraints.
24 (f) A schedule for implementation of reuse. The
25 schedule shall consider phased implementation.
26 (3) The permit applicant shall prepare a plan of study
27 for the reuse feasibility study consistent with the reuse
28 feasibility study guidelines adopted by department rule. The
29 plan of study shall include detailed descriptions of
30 applicable treatment and water supply alternatives to be
31 evaluated and the methods of analysis to be used. The plan of
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1 study shall be submitted to the department for review and
2 approval.
3 (4)(3) The study required under subsection (2) shall
4 be performed by the applicant, and, if the study shows that
5 the reuse is feasible, the applicant must give significant
6 consideration to its implementation the applicant's
7 determination of feasibility is final if the study complies
8 with the requirements of subsections subsection (2) and (3).
9 (5)(4) A reuse feasibility study is not required if:
10 (a) The domestic wastewater treatment facility has an
11 existing or proposed permitted or design capacity less than
12 0.1 million gallons per day; or
13 (b) The permitted reuse capacity equals or exceeds the
14 total permitted capacity of the domestic wastewater treatment
15 facility.
16 (6)(5) A reuse feasibility study prepared under
17 subsection (2) satisfies a water management district
18 requirement to conduct a reuse feasibility study imposed on a
19 local government or utility that has responsibility for
20 wastewater management.
21 (7)(6) Local governments may allow the use of
22 reclaimed water for inside activities, including, but not
23 limited to, toilet flushing, fire protection, and decorative
24 water features, as well as for outdoor uses, provided the
25 reclaimed water is from domestic wastewater treatment
26 facilities which are permitted, constructed, and operated in
27 accordance with department rules.
28 (8)(7) Permits issued by the department for domestic
29 wastewater treatment facilities shall be consistent with
30 requirements for reuse included in applicable consumptive use
31 permits issued by the water management district, if such
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1 requirements are consistent with department rules governing
2 reuse of reclaimed water. This subsection applies only to
3 domestic wastewater treatment facilities which are located
4 within, or serve a population located within, or discharge
5 within water resource caution areas and are owned, operated,
6 or controlled by a local government or utility which has
7 responsibility for water supply and wastewater management.
8 (9)(8) Local governments may and are encouraged to
9 implement programs for the reuse of reclaimed water. Nothing
10 in this chapter shall be construed to prohibit or preempt such
11 local reuse programs.
12 (10)(9) A local government that implements a reuse
13 program under this section shall be allowed to allocate the
14 costs in a reasonable manner.
15 (11)(10) Pursuant to chapter 367, the Florida Public
16 Service Commission shall allow entities under its jurisdiction
17 which conduct studies or implement reuse projects, including,
18 but not limited to, any study required by subsection (2) or
19 facilities used for reliability purposes for a reclaimed water
20 reuse system, to recover the full, prudently incurred cost of
21 such studies and facilities through their rate structure.
22 (12)(11) In issuing consumptive use permits, the
23 permitting agency shall consider the local reuse program.
24 (13)(12) A local government shall require a developer,
25 as a condition for obtaining a development order, to comply
26 with the local reuse program.
27 (14)(13) If, After conducting a feasibility study
28 under subsection (2), an applicant determines that reuse of
29 reclaimed water is feasible, domestic wastewater treatment
30 facilities that dispose of effluent by Class I deep well
31 injection, as defined in 40 C.F.R. part 144.6(a), must
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1 implement reuse according to the schedule for implementation
2 contained in the study conducted under subsection (2), to the
3 degree that reuse is determined feasible, based upon the
4 applicant's reuse feasibility study. Applicable permits issued
5 by the department shall be consistent with the requirements of
6 this subsection.
7 (a) This subsection does not limit the use of a Class
8 I deep well injection facility as backup for a reclaimed water
9 reuse system.
10 (b) This subsection applies only to domestic
11 wastewater treatment facilities located within, serving a
12 population located within, or discharging within a water
13 resource caution area.
14 (15)(14) If, After conducting a feasibility study
15 under subsection (2), an applicant determines that reuse of
16 reclaimed water is feasible, domestic wastewater treatment
17 facilities that dispose of effluent by surface water
18 discharges or by land application methods must implement reuse
19 according to the schedule for implementation contained in the
20 study conducted under subsection (2), to the degree that reuse
21 is determined feasible, based upon the applicant's reuse
22 feasibility study. This subsection does not apply to surface
23 water discharges or land application systems which are
24 currently categorized as reuse under department rules.
25 Applicable permits issued by the department shall be
26 consistent with the requirements of this subsection.
27 (a) This subsection does not limit the use of a
28 surface water discharge or land application facility as backup
29 for a reclaimed water reuse system.
30 (b) This subsection applies only to domestic
31 wastewater treatment facilities located within, serving a
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1 population located within, or discharging within a water
2 resource caution area.
3 Section 39. In order to aid in the development of a
4 better understanding of the unique surface and groundwater
5 resources of this state, the water management districts shall
6 develop an information program designed to provide information
7 concerning existing hydrologic conditions of major surface and
8 groundwater sources in this state and suggestions for good
9 conservation practices within those areas. The program shall
10 be developed by December 31, 2002. Beginning January 1, 2003,
11 and on a regular basis no less than every 6 months thereafter,
12 the information developed pursuant to this section shall be
13 distributed to every member of the Florida Senate and the
14 Florida House of Representatives and to local print and
15 broadcast news organizations. Each water management district
16 shall be responsible for the distribution of this information
17 within its established geographic area.
18 Section 40. Paragraph (b) of subsection (3) of section
19 403.1835, Florida Statutes, is amended to read:
20 403.1835 Water pollution control financial
21 assistance.--
22 (3) The department may provide financial assistance
23 through any program authorized under s. 603 of the Federal
24 Water Pollution Control Act (Clean Water Act), Pub. L. No.
25 92-500, as amended, including, but not limited to, making
26 grants and loans, providing loan guarantees, purchasing loan
27 insurance or other credit enhancements, and buying or
28 refinancing local debt. This financial assistance must be
29 administered in accordance with this section and applicable
30 federal authorities. The department shall administer all
31 programs operated from funds secured through the activities of
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1 the Florida Water Pollution Control Financing Corporation
2 under s. 403.1837, to fulfill the purposes of this section.
3 (b) The department may make or request the corporation
4 to make loans, grants, and deposits to other entities eligible
5 to participate in the financial assistance programs authorized
6 under the Federal Water Pollution Control Act, or as a result
7 of other federal action, which entities may pledge any revenue
8 available to them to repay any funds borrowed. Notwithstanding
9 s. 18.10, the department may make deposits to financial
10 institutions which earn less than the prevailing rate for
11 United States Treasury securities with corresponding
12 maturities for the purpose of enabling those financial
13 institutions to make below-market interest rate loans to
14 entities qualified to receive loans under this section and the
15 rules of the department.
16 Section 41. Subsection (11) of section 367.022,
17 Florida Statutes, is amended to read:
18 367.022 Exemptions.--The following are not subject to
19 regulation by the commission as a utility nor are they subject
20 to the provisions of this chapter, except as expressly
21 provided:
22 (11) Any person providing only nonpotable water for
23 irrigation or fireflow purposes in a geographic area where
24 potable water service is available from a governmentally or
25 privately owned utility or a private well.
26 Section 42. Subsection (2) of section 373.1961,
27 Florida Statutes, is amended to read:
28 373.1961 Water production.--
29 (2) The Legislature finds that, due to a combination
30 of factors, vastly increased demands have been placed on
31 natural supplies of fresh water, and that, absent increased
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1 development of alternative water supplies, such demands may
2 increase in the future. The Legislature also finds that
3 potential exists in the state for the production of
4 significant quantities of alternative water supplies,
5 including reclaimed water, and that water production includes
6 the development of alternative water supplies, including
7 reclaimed water, for appropriate uses. It is the intent of
8 the Legislature that utilities develop reclaimed water
9 systems, where reclaimed water is the most appropriate
10 alternative water supply option, to deliver reclaimed water to
11 as many users as possible through the most cost-effective
12 means, and to construct reclaimed water system infrastructure
13 to their owned or operated properties and facilities where
14 they have reclamation capability. It is also the intent of the
15 Legislature that the water management districts which levy ad
16 valorem taxes for water management purposes should share a
17 percentage of those tax revenues with water providers and
18 users, including local governments, water, wastewater, and
19 reuse utilities, municipal, industrial, and agricultural water
20 users, and other public and private water users, to be used to
21 supplement other funding sources in the development of
22 alternative water supplies. The Legislature finds that public
23 moneys or services provided to private entities for such uses
24 constitute public purposes which are in the public interest.
25 In order to further the development and use of alternative
26 water supply systems, including reclaimed water systems, the
27 Legislature provides the following:
28 (a) The governing boards of the water management
29 districts where water resource caution areas have been
30 designated shall include in their annual budgets an amount for
31 the development of alternative water supply systems, including
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1 reclaimed water systems, pursuant to the requirements of this
2 subsection. Beginning in 1996, such amounts shall be made
3 available to water providers and users no later than December
4 31 of each year, through grants, matching grants, revolving
5 loans, or the use of district lands or facilities pursuant to
6 the requirements of this subsection and guidelines established
7 by the districts.
8 (b) It is the intent of the Legislature that for each
9 reclaimed water utility, or any other utility, which receives
10 funds pursuant to this subsection, the appropriate
11 rate-setting authorities should develop rate structures for
12 all water, wastewater, and reclaimed water and other
13 alternative water supply utilities in the service area of the
14 funded utility, which accomplish the following:
15 1. Provide meaningful progress toward the development
16 and implementation of alternative water supply systems,
17 including reclaimed water systems;
18 2. Promote the conservation of fresh water withdrawn
19 from natural systems;
20 3. Provide for an appropriate distribution of costs
21 for all water, wastewater, and alternative water supply
22 utilities, including reclaimed water utilities, among all of
23 the users of those utilities; and
24 4. Prohibit rate discrimination within classes of
25 utility users.
26 (c) In order to be eligible for funding pursuant to
27 this subsection, a project must be consistent with a local
28 government comprehensive plan and the governing body of the
29 local government must require all appropriate new facilities
30 within the project's service area to connect to and use the
31 project's alternative water supplies. The appropriate local
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1 government must provide written notification to the
2 appropriate district that the proposed project is consistent
3 with the local government comprehensive plan.
4 (d) Any and all revenues disbursed pursuant to this
5 subsection shall be applied only for the payment of capital or
6 infrastructure costs for the construction of alternative water
7 supply systems that provide alternative water supplies for
8 uses within one or more water resource caution areas.
9 (e) By January 1 of each year, the governing boards
10 shall make available written guidelines for the disbursal of
11 revenues pursuant to this subsection. Such guidelines shall
12 include at minimum:
13 1. An application process and a deadline for filing
14 applications annually.
15 2. A process for determining project eligibility
16 pursuant to the requirements of paragraphs (c) and (d).
17 3. A process and criteria for funding projects
18 pursuant to this subsection that cross district boundaries or
19 that serve more than one district.
20 (f) The governing board of each water management
21 district shall establish an alternative water supplies grants
22 advisory committee to recommend to the governing board
23 projects for funding pursuant to this subsection. The
24 advisory committee members shall include, but not be limited
25 to, one or more representatives of county, municipal, and
26 investor-owned private utilities, and may include, but not be
27 limited to, representatives of agricultural interests and
28 environmental interests. Each committee member shall
29 represent his or her interest group as a whole and shall not
30 represent any specific entity. The committee shall apply the
31 guidelines and project eligibility criteria established by the
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1 governing board in reviewing proposed projects. After one or
2 more hearings to solicit public input on eligible projects,
3 the committee shall rank the eligible projects and shall
4 submit them to the governing board for final funding approval.
5 The advisory committee may submit to the governing board more
6 projects than the available grant money would fund.
7 (g) All revenues made available annually pursuant to
8 this subsection must be encumbered disbursed annually by the
9 governing board if it approves projects sufficient to expend
10 the available revenues. Funds must be disbursed within 36
11 months after encumbrance.
12 (h) For purposes of this subsection, alternative water
13 supplies are supplies of water that have been reclaimed after
14 one or more public supply, municipal, industrial, commercial,
15 or agricultural uses, or are supplies of stormwater, or
16 brackish or salt water, that have been treated in accordance
17 with applicable rules and standards sufficient to supply the
18 intended use.
19 (i) This subsection shall not be subject to the
20 rulemaking requirements of chapter 120.
21 (j) By January 30 of each year, each water management
22 district shall submit an annual report to the Governor, the
23 President of the Senate, and the Speaker of the House of
24 Representatives which accounts for the disbursal of all
25 budgeted amounts pursuant to this subsection. Such report
26 shall describe all projects funded and shall account
27 separately for moneys provided through grants, matching
28 grants, revolving loans, and the use of district lands or
29 facilities.
30 (k) The Florida Public Service Commission shall allow
31 entities under its jurisdiction constructing alternative water
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1 supply facilities, including but not limited to aquifer
2 storage and recovery wells, to recover the full, prudently
3 incurred cost of such facilities through their rate structure.
4 Every component of an alternative water supply facility
5 constructed by an investor-owned utility shall be recovered in
6 current rates.
7 Section 43. Section 373.498 and subsection (3) of
8 section 403.804, Florida Statutes, are repealed.
9 Section 44. Paragraph (c) of subsection (3) of section
10 373.4595, Florida Statutes, is amended to read:
11 373.4595 Lake Okeechobee Protection Program.--
12 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
13 program for Lake Okeechobee that achieves phosphorus load
14 reductions for Lake Okeechobee shall be immediately
15 implemented as specified in this subsection. The program shall
16 address the reduction of phosphorus loading to the lake from
17 both internal and external sources. Phosphorus load reductions
18 shall be achieved through a phased program of implementation.
19 Initial implementation actions shall be technology-based,
20 based upon a consideration of both the availability of
21 appropriate technology and the cost of such technology, and
22 shall include phosphorus reduction measures at both the source
23 and the regional level. The initial phase of phosphorus load
24 reductions shall be based upon the district's Technical
25 Publication 81-2 and the district's WOD program, with
26 subsequent phases of phosphorus load reductions based upon the
27 total maximum daily loads established in accordance with s.
28 403.067. In the development and administration of the Lake
29 Okeechobee Protection Program, the coordinating agencies shall
30 maximize opportunities provided by federal cost-sharing
31 programs and opportunities for partnerships with the private
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1 sector.
2 (c) Lake Okeechobee Watershed Phosphorus Control
3 Program.--The Lake Okeechobee Watershed Phosphorus Control
4 Program is designed to be a multifaceted approach to reducing
5 phosphorus loads by improving the management of phosphorus
6 sources within the Lake Okeechobee watershed through continued
7 implementation of existing regulations and best management
8 practices, development and implementation of improved best
9 management practices, improvement and restoration of the
10 hydrologic function of natural and managed systems, and
11 utilization of alternative technologies for nutrient
12 reduction. The coordinating agencies shall facilitate the
13 application of federal programs that offer opportunities for
14 water quality treatment, including preservation, restoration,
15 or creation of wetlands on agricultural lands.
16 1. Agricultural nonpoint source best management
17 practices, developed in accordance with s. 403.067 and
18 designed to achieve the objectives of the Lake Okeechobee
19 Protection Program, shall be implemented on an expedited
20 basis. By March 1, 2001, the coordinating agencies shall
21 develop an interagency agreement pursuant to ss. 373.046 and
22 373.406(5) that assures the development of best management
23 practices that complement existing regulatory programs and
24 specifies how those best management practices are implemented
25 and verified. The interagency agreement shall address measures
26 to be taken by the coordinating agencies during any best
27 management practice reevaluation performed pursuant to
28 sub-subparagraph d. The department shall use best professional
29 judgment in making the initial determination of best
30 management practice effectiveness.
31 a. As provided in s. 403.067(7)(d), by October 1,
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1 2000, the Department of Agriculture and Consumer Services, in
2 consultation with the department, the district, and affected
3 parties, shall initiate rule development for interim measures,
4 best management practices, conservation plans, nutrient
5 management plans, or other measures necessary for Lake
6 Okeechobee phosphorus load reduction. The rule shall include
7 thresholds for requiring conservation and nutrient management
8 plans and criteria for the contents of such plans. Development
9 of agricultural nonpoint source best management practices
10 shall initially focus on those priority basins listed in
11 subparagraph (b)1. The Department of Agriculture and Consumer
12 Services, in consultation with the department, the district,
13 and affected parties, shall conduct an ongoing program for
14 improvement of existing and development of new interim
15 measures or best management practices for the purpose of
16 adoption of such practices by rule.
17 b. Where agricultural nonpoint source best management
18 practices or interim measures have been adopted by rule of the
19 Department of Agriculture and Consumer Services, the owner or
20 operator of an agricultural nonpoint source addressed by such
21 rule shall either implement interim measures or best
22 management practices or demonstrate compliance with the
23 district's WOD program by conducting monitoring prescribed by
24 the department or the district. Owners or operators of
25 agricultural nonpoint sources who implement interim measures
26 or best management practices adopted by rule of the Department
27 of Agriculture and Consumer Services shall be subject to the
28 provisions of s. 403.067(7). The Department of Agriculture and
29 Consumer Services, in cooperation with the department and the
30 district, shall provide technical and financial assistance for
31 implementation of agricultural best management practices,
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 subject to the availability of funds.
2 c. The district or department shall conduct monitoring
3 at representative sites to verify the effectiveness of
4 agricultural nonpoint source best management practices.
5 d. Where water quality problems are detected for
6 agricultural nonpoint sources despite the appropriate
7 implementation of adopted best management practices, the
8 Department of Agriculture and Consumer Services, in
9 consultation with the other coordinating agencies and affected
10 parties, shall institute a reevaluation of the best management
11 practices and make appropriate changes to the rule adopting
12 best management practices.
13 2. Nonagricultural nonpoint source best management
14 practices, developed in accordance with s. 403.067 and
15 designed to achieve the objectives of the Lake Okeechobee
16 Protection Program, shall be implemented on an expedited
17 basis. By March 1, 2001, the department and the district shall
18 develop an interagency agreement pursuant to ss. 373.046 and
19 373.406(5) that assures the development of best management
20 practices that complement existing regulatory programs and
21 specifies how those best management practices are implemented
22 and verified. The interagency agreement shall address measures
23 to be taken by the department and the district during any best
24 management practice reevaluation performed pursuant to
25 sub-subparagraph d.
26 a. The department and the district are directed to
27 work with the University of Florida's Institute of Food and
28 Agricultural Sciences to develop appropriate nutrient
29 application rates for all nonagricultural soil amendments in
30 the watershed. As provided in s. 403.067(7)(c), by January 1,
31 2001, the department, in consultation with the district and
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 affected parties, shall develop interim measures, best
2 management practices, or other measures necessary for Lake
3 Okeechobee phosphorus load reduction. Development of
4 nonagricultural nonpoint source best management practices
5 shall initially focus on those priority basins listed in
6 subparagraph (b)1. The department, the district, and affected
7 parties shall conduct an ongoing program for improvement of
8 existing and development of new interim measures or best
9 management practices. The district shall adopt
10 technology-based standards under the district's WOD program
11 for nonagricultural nonpoint sources of phosphorus.
12 b. Where nonagricultural nonpoint source best
13 management practices or interim measures have been developed
14 by the department and adopted by the district, the owner or
15 operator of a nonagricultural nonpoint source shall implement
16 interim measures or best management practices and be subject
17 to the provisions of s. 403.067(7). The department and
18 district shall provide technical and financial assistance for
19 implementation of nonagricultural nonpoint source best
20 management practices, subject to the availability of funds.
21 c. The district or the department shall conduct
22 monitoring at representative sites to verify the effectiveness
23 of nonagricultural nonpoint source best management practices.
24 d. Where water quality problems are detected for
25 nonagricultural nonpoint sources despite the appropriate
26 implementation of adopted best management practices, the
27 department and the district shall institute a reevaluation of
28 the best management practices.
29 3. The provisions of subparagraphs 1. and 2. shall not
30 preclude the department or the district from requiring
31 compliance with water quality standards or with current best
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 management practices requirements set forth in any applicable
2 regulatory program authorized by law for the purpose of
3 protecting water quality. Additionally, subparagraphs 1. and
4 2. are applicable only to the extent that they do not conflict
5 with any rules promulgated by the department that are
6 necessary to maintain a federally delegated or approved
7 program.
8 4. Projects which reduce the phosphorus load
9 originating from domestic wastewater systems within the Lake
10 Okeechobee watershed shall be given funding priority in the
11 department's revolving loan program under s. 403.1835. The
12 department shall coordinate and provide assistance to those
13 local governments seeking financial assistance for such
14 priority projects.
15 5. Projects that make use of private lands to reduce
16 nutrient loadings or concentrations within a basin by one or
17 more of the following methods: restoring the natural
18 hydrology of the basin, restoring wildlife habitat or impacted
19 wetlands, reducing peak flows after storm events, increasing
20 aquifer recharge, or protecting range and timberland from
21 conversion to development, are eligible for grants available
22 under this section from the coordinating agencies. For
23 projects of otherwise equal priority, special funding priority
24 will be given to those projects that make best use of the
25 methods outlined above that involve public-private
26 partnerships or that obtain federal match money. Preference
27 ranking above the special funding priority will be given to
28 projects located in a rural area of critical economic concern
29 designated by the Governor. Grant applications may be
30 submitted by any person, and eligible projects may include,
31 but are not limited to, the purchase of conservation and
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 flowage easements, hydrologic restoration of wetlands,
2 creating treatment wetlands, development of a management plan
3 for natural resources, and financial support to implement a
4 management plan.
5 6.5.a. The department shall require all entities
6 disposing of domestic wastewater residuals within the Lake
7 Okeechobee watershed and the remaining areas of Okeechobee,
8 Glades, and Hendry Counties to develop and submit to the
9 department by July 1, 2001, an agricultural use plan that
10 limits applications based upon phosphorus loading. By July 1,
11 2005, phosphorus concentrations loading originating from these
12 application sites shall not exceed the limits established in
13 the district's WOD program.
14 b. Private and government-owned utilities within
15 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
16 River, Okeechobee, Highlands, Hendry, and Glades counties that
17 dispose of wastewater residual sludge from utility operations
18 and septic removal by land spreading in the Lake Okeechobee
19 watershed may use a line item on local sewer rates to cover
20 wastewater residual treatment and disposal if such disposal
21 and treatment is done by approved alternative treatment
22 methodology at a facility located within the areas designated
23 by the Governor as rural areas of critical economic concern
24 pursuant to s. 288.0656. This additional line item is an
25 environmental protection disposal fee above the present sewer
26 rate and shall not be considered a part of the present sewer
27 rate to customers, notwithstanding provisions to the contrary
28 in chapter 367. The fee shall be established by the county
29 commission or its designated assignee in the county in which
30 the alternative method treatment facility is located. The fee
31 shall be calculated to be no higher than that necessary to
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 recover the facility's prudent cost of providing the service.
2 Upon request by an affected county commission, the Florida
3 Public Service Commission will provide assistance in
4 establishing the fee. Further, for utilities and utility
5 authorities that use the additional line item environmental
6 protection disposal fee, such fee shall not be considered a
7 rate increase under the rules of the Public Service Commission
8 and shall be exempt from such rules. Utilities using the
9 provisions of this section may immediately include in their
10 sewer invoicing the new environmental protection disposal fee.
11 Proceeds from this environmental protection disposal fee shall
12 be used for treatment and disposal of wastewater residuals,
13 including any treatment technology that helps reduce the
14 volume of residuals that require final disposal, but such
15 proceeds shall not be used for transportation or shipment
16 costs for disposal or any costs relating to the land
17 application of residuals in the Lake Okeechobee watershed.
18 c. No less frequently than once every 3 years, the
19 Florida Public Service Commission or the county commission
20 through the services of an independent auditor shall perform a
21 financial audit of all facilities receiving compensation from
22 an environmental protection disposal fee. The Florida Public
23 Service Commission or the county commission through the
24 services of an independent auditor shall also perform an audit
25 of the methodology used in establishing the environmental
26 protection disposal fee. The Florida Public Service Commission
27 or the county commission shall, within 120 days after
28 completion of an audit, file the audit report with the
29 President of the Senate and the Speaker of the House of
30 Representatives and shall provide copies to the county
31 commissions of the counties set forth in sub-subparagraph b.
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 The books and records of any facilities receiving compensation
2 from an environmental protection disposal fee shall be open to
3 the Florida Public Service Commission and the Auditor General
4 for review upon request.
5 7. The Department of Health shall require all entities
6 disposing of septage within the Lake Okeechobee watershed and
7 the remaining areas of Okeechobee, Glades, and Hendry Counties
8 to develop and submit to that agency, by July 1, 2003, an
9 agricultural use plan that limits applications based upon
10 phosphorus loading. By July 1, 2005, phosphorus
11 concentrations originating from these application sites shall
12 not exceed the limits established in the district's WOD
13 program.
14 8.6. By July 1, 2001, The Department of Agriculture
15 and Consumer Services shall initiate rulemaking requiring
16 entities within the Lake Okeechobee watershed and the
17 remaining areas of Okeechobee, Glades, and Hendry Counties
18 which land-apply animal manure to develop conservation or
19 nutrient management plans that limit application, based upon
20 phosphorus loading. Such rules may include criteria and
21 thresholds for the requirement to develop a conservation or
22 nutrient management plan, requirements for plan approval, and
23 recordkeeping requirements.
24 9.7. Prior to authorizing a discharge into works of
25 the district, the district shall require responsible parties
26 to demonstrate that proposed changes in land use will not
27 result in increased phosphorus loading over that of existing
28 land uses.
29 10.8. The district, the department, or the Department
30 of Agriculture and Consumer Services, as appropriate, shall
31 implement those alternative nutrient reduction technologies
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 determined to be feasible pursuant to subparagraph (d)6.
2
3 (Redesignate subsequent sections.)
4
5
6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 108, line 30, through
9 page 115, line 2, delete those lines
10
11 and insert:
12 An act relating to growth management; amending
13 s. 163.3174, F.S.; requiring that the
14 membership of all local planning agencies or
15 equivalent agencies that review comprehensive
16 plan amendments and rezonings include a
17 nonvoting representative of the district school
18 board; amending s. 163.3177, F.S.; revising
19 elements of comprehensive plans; revising
20 provisions governing the regulation of
21 intensity of use in the future land use map;
22 providing for intergovernmental coordination
23 between local governments and district school
24 boards where a public-school-facilities element
25 has been adopted; requiring certain local
26 governments to prepare an inventory of
27 service-delivery interlocal agreements;
28 requiring local governments to provide the
29 Legislature with recommendations regarding
30 annexation; requiring local governments to
31 consider water-supply data and analysis in
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 their potable-water and conservation elements;
2 repealing s. 163.31775, F.S., which provides
3 for intergovernmental coordination element
4 rules; creating s. 163.31776, F.S.; providing
5 legislative intent and findings with respect to
6 a public educational facilities element;
7 providing for certain municipalities to be
8 exempt; requiring that the public educational
9 facilities element include certain provisions;
10 providing requirements for future land-use
11 maps; providing a process for adopting the
12 public educational facilities element; creating
13 s.163.31777, F.S.; requiring certain local
14 governments and school boards to enter into a
15 public schools interlocal agreement; providing
16 a schedule; providing for the content of the
17 interlocal agreement; providing a waiver
18 procedure associated with school districts
19 having decreasing student population; providing
20 a procedure for adoption and administrative
21 challenge; providing sanctions for the failure
22 to enter an interlocal agreement; providing
23 that a public school's interlocal agreement may
24 only establish interlocal coordination
25 procedures unless specific goals, objectives,
26 and policies contained in the agreement are
27 incorporated into the plan; amending s.
28 163.3180, F.S.; providing an exemption from
29 concurrency for certain urban infill areas;
30 amending s. 163.3184, F.S.; revising
31 definitions; revising provisions governing the
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 process for adopting comprehensive plans and
2 plan amendments; amending s. 163.3187, F.S.;
3 conforming a cross-reference; authorizing the
4 adoption of a public educational facilities
5 element, notwithstanding certain limitations;
6 amending s. 163.3191, F.S., relating to
7 evaluation and appraisal of comprehensive
8 plans; conforming provisions to changes made by
9 the act; requiring an evaluation of whether the
10 potable-water element considers the appropriate
11 water management district's regional water
12 supply plan and includes a workplan for
13 building new water supply facilities; requiring
14 local governments within coastal high-hazard
15 areas to address certain issues in the
16 evaluation and appraisal of their comprehensive
17 plans; amending s. 163.3215, F.S.; revising the
18 methods for challenging the consistency of a
19 development order with a comprehensive plan;
20 redefining the term "aggrieved or adversely
21 affected party"; creating s. 163.3246, F.S.;
22 creating a Local Government Comprehensive
23 Planning certification Program to be
24 administered by the Department of Community
25 Affairs; defining the purpose of the
26 certification area to designate areas that are
27 appropriate for urban growth within a 10-year
28 timeframe; providing for certification
29 criteria; specifying the contents of the
30 certification agreement; providing evaluation
31 criteria; authorizing the Department of
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 Community Affairs to adopt procedural rules;
2 providing for the revocation of certification
3 agreements; providing for the rights of
4 affected persons to challenge local government
5 compliance with certification agreements;
6 eliminating state and regional review of
7 certain local comprehensive plan amendments
8 within certified areas; providing exceptions;
9 providing for the periodic review of a local
10 government's certification by the Department of
11 Community Affairs; requiring the submission of
12 biennial reports to the Governor and
13 Legislature; providing for review of the
14 certification program by the Office of Program
15 Policy Analysis and Government Accountability;
16 amending s. 186.504, F.S.; adding an elected
17 school board member to the membership of each
18 regional planning council; amending s. 212.055,
19 F.S.; providing for the levy of the
20 infrastructure sales surtax and the school
21 capital outlay surtax by a two-thirds vote and
22 requiring certain educational facility planning
23 prior to the levy of the school capital outlay
24 surtax; providing for the uses of the surtax
25 proceeds; amending s. 235.002, F.S.; revising
26 legislative intent; reenacting and amending s.
27 235.15, F.S.; revising requirements for
28 educational plant surveys; revising
29 requirements for review and validation of such
30 surveys; amending s. 235.175, F.S.; requiring
31 school districts to adopt educational
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 facilities plans; amending s. 235.18, F.S.,
2 relating to capital outlay budgets of school
3 boards; conforming provisions; amending s.
4 235.185, F.S.; requiring school district
5 educational facilities plans; providing
6 definitions; specifying projections and other
7 information to be included in the plans;
8 providing requirements for the plans; requiring
9 district school boards to submit a tentative
10 plan to the local government; providing for
11 adopting and executing the plans; creating s.
12 235.1851, F.S.; providing legislative intent;
13 authorizing the creation of educational
14 facilities benefit districts pursuant to
15 interlocal agreement; providing for creation of
16 an educational facilities benefit district
17 through adoption of an ordinance; specifying
18 content of such ordinances; providing for the
19 creating entity to be the local general purpose
20 government within whose boundaries a majority
21 of the educational facilities benefit
22 district's lands are located; providing that
23 educational facilities benefit districts may
24 only be created with the consent of the
25 district school board, all affected local
26 general purpose governments, and all landowners
27 within the district; providing for the
28 membership of the governing boards of
29 educational facilities benefit districts;
30 providing the powers of educational facilities
31 benefit districts; authorizing community
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 development districts, created pursuant to ch.
2 190, F.S., to be eligible for financial
3 enhancements available to educational
4 facilities benefit districts; conditioning such
5 eligibility upon the establishment of an
6 interlocal agreement; creating s. 235.1852,
7 F.S.; providing funding for educational
8 facilities benefit districts and community
9 development districts; creating s. 235.1853,
10 F.S.; providing for the utilization of
11 educational facilities built pursuant to this
12 act; amending s. 235.188, F.S.; conforming
13 provisions; amending s. 235.19, F.S.; providing
14 that site planning and selection must be
15 consistent with interlocal agreements entered
16 between local governments and school boards;
17 amending s. 235.193, F.S.; requiring school
18 districts to enter certain interlocal
19 agreements with local governments; providing a
20 schedule; providing for the content of the
21 interlocal agreement; providing a waiver
22 procedure associated with school districts
23 having decreasing student population; providing
24 a procedure for adoption and administrative
25 challenge; providing sanctions for failure to
26 enter an agreement; providing that a public
27 school's interlocal agreement may not be used
28 by a local government as the sole basis for
29 denying a comprehensive plan amendment or
30 development order; providing requirements for
31 preparing a district educational facilities
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 report; repealing s. 235.194, F.S., relating to
2 the general educational facilities report;
3 amending s. 235.218, F.S.; requiring the SMART
4 Schools Clearinghouse to adopt measures for
5 evaluating the school district educational
6 facilities plans; amending s. 235.2197, F.S.;
7 correcting a statutory cross-reference;
8 amending ss. 235.321, 236.25, F.S.; conforming
9 provisions; amending s. 380.04, F.S.; revising
10 the definition of "development" with regard to
11 the transmission of electricity within an
12 existing right-of-way; amending s. 380.06,
13 F.S., relating to developments of regional
14 impact; removing a rebuttable presumption with
15 respect to application of the statewide
16 guidelines and standards and revising the fixed
17 thresholds; providing for designation of a lead
18 regional planning council; providing for
19 submission of biennial, rather than annual,
20 reports by the developer; authorizing
21 submission of a letter, rather than a report,
22 under certain circumstances; providing for
23 amendment of development orders with respect to
24 report frequency; revising provisions governing
25 substantial deviation standards for
26 developments of regional impact; providing that
27 certain renovation or redevelopment of a
28 previously approved development of regional
29 impact is not a substantial deviation;
30 providing a statutory exemption from the
31 development-of-regional-impact process for
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 petroleum storage facilities and certain
2 renovation or redevelopment; amending s.
3 380.0651, F.S.; revising the guidelines and
4 standards for office development, and retail
5 and service development; providing application
6 with respect to developments that have received
7 a development-of-regional-impact development
8 order or that have an application for
9 development approval or notification of
10 proposed change pending; amending s. 163.3194,
11 F.S.; providing that a local government shall
12 not deny an application for a development
13 approval for a requested land use for certain
14 approved solid waste management facilities that
15 have previously received a land use
16 classification change allowing the requested
17 land use on the same property; providing
18 legislative intent with respect to the
19 inapplicability of specified portions of the
20 act to pending litigation or future appeals;
21 providing a legislative finding that the act is
22 a matter of great public importance; amending
23 s. 403.064, F.S.; requiring the reuse of
24 reclaimed water when feasible; requiring the
25 dissemination of public information regarding
26 the status of major water sources; amending s.
27 403.1835, F.S.; providing for below-market
28 interest rate loans to qualified entities;
29 repealing s. 373.498, F.S., relating to
30 disbursements from the water resources
31 development account; amending s. 367.022, F.S.;
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 144778
1 providing an exemption from regulation by the
2 Florida Public Service Commission for certain
3 water suppliers who provide nonpotable water
4 for fireflow; amending s. 373.1961, F.S.;
5 providing requirements for disbursements for
6 alternative water supply projects; repealing s.
7 403.804(3), F.S., relating to obsolete
8 provisions concerning grants for water and
9 wastewater facilities; amending s. 373.4595,
10 F.S.; providing eligibility requirements for
11 projects that reduce nutrient outputs on
12 private lands for grants available from
13 coordinating agencies; providing additional
14 entities required to develop agricultural use
15 plans limiting residual applications based on
16 phosphorus loading; providing a deadline for
17 meeting phosphorus concentration limitations
18 established in the water management district's
19 WOD program; requiring certain entities to
20 develop and submit agricultural use plans
21 limiting septage applications based on
22 phosphorus loading to the Department of Health
23 by a specified date; providing a deadline for
24 meeting phosphorus concentrations limitations
25 established in the water management district's
26 WOD program; providing additional entities
27 required to develop conservation or nutrient
28 management plans limiting the land application
29 of manure based on phosphorus loading;
30 providing an effective date.
31
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