Senate Bill sb0382
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Florida Senate - 2002 SB 382
By the Committee on Comprehensive Planning, Local and Military
Affairs
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1 A bill to be entitled
2 An act relating to growth management; amending
3 s. 163.3174, F.S.; requiring that the
4 membership of all local planning agencies or
5 equivalent agencies that review comprehensive
6 plan amendments and rezonings include a
7 nonvoting representative of the district school
8 board; amending s. 163.3177, F.S.; revising
9 elements of comprehensive plans; providing for
10 intergovernmental coordination between local
11 governments and district school boards;
12 requiring local governments to consider
13 water-supply data and analysis in their potable
14 water and capital improvement elements;
15 repealing s. 163.31775, F.S., which provides
16 for intergovernmental coordination element
17 rules; creating s. 163.31776, F.S.; providing
18 legislative intent and findings with respect to
19 a public educational facilities element;
20 providing for certain municipalities to be
21 exempt; requiring that the public educational
22 facilities element include certain provisions;
23 providing requirements for future land-use
24 maps; providing a process for adopting the
25 element; amending s. 163.3180, F.S.; providing
26 an exemption from concurrency for certain urban
27 infill areas; amending s. 163.3184, F.S.;
28 revising definitions; revising provisions
29 governing the process for adopting
30 comprehensive plans and plan amendments;
31 amending s. 163.3187, F.S.; authorizing the
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1 adoption of a public educational facilities
2 element, notwithstanding certain limitations;
3 amending s. 163.3191, F.S., relating to
4 evaluation and appraisal of comprehensive
5 plans; conforming provisions to changes made by
6 the act; requiring an evaluation of the
7 availability of potable water and whether
8 future water supply development needs are
9 addressed in the capital improvements element;
10 amending s. 186.504, F.S.; adding an elected
11 school board member to the membership of each
12 regional planning council; amending s. 212.055,
13 F.S.; providing for the levy of the
14 infrastructure sales surtax and the school
15 capital outlay surtax by a super majority vote
16 and requiring certain educational facility
17 planning prior to the levy of the school
18 capital outlay surtax; amending s. 235.002,
19 F.S.; revising legislative intent; amending s.
20 235.15; revising requirements for educational
21 plan surveys; revising requirements for review
22 and validation of such surveys; amending s.
23 235.175, F.S.; requiring school districts to
24 adopt education facilities plans; amending s.
25 235.18, F.S., relating to capital outlay
26 budgets of school boards; conforming
27 provisions; amending s. 235.185, F.S.;
28 requiring school district educational
29 facilities plans; providing definitions;
30 specifying projections and other information to
31 be included in the plans; providing
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1 requirements for the plans; requiring district
2 school boards to submit a tentative plan to the
3 local government; providing for adopting and
4 executing the plans; amending s. 235.118, F.S.;
5 conforming provisions; amending s. 235.19,
6 F.S.; providing that site planning and
7 selection must be consistent with interlocal
8 agreements entered between local governments
9 and school boards; amending s. 235.193, F.S.;
10 defining interlocal agreements with respect to
11 public educational facilities elements and
12 plans; providing requirements for preparing a
13 district education facilities report; repealing
14 s. 235.194, F.S., relating to the general
15 educational facilities report; amending s.
16 235.218, F.S.; requiring the SMART Schools
17 Clearinghouse to adopt measures for evaluating
18 the school district educational facilities
19 plans; amending s. 235.2197, F.S.; correcting a
20 statutory cross-reference; amending ss.
21 235.321, 236.25, F.S.; conforming provisions;
22 amending s. 380.06, F.S.; revising provisions
23 governing substantial-deviation standards for
24 developments of regional impact; providing for
25 designation of a lead regional planning
26 council; amending s. 380.0651, F.S.; revising
27 standards for determining the necessity for a
28 development-of-regional-impact review;
29 requiring specified counties to adopt a
30 service-delivery interlocal agreement with all
31 municipalities, special districts, and the
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1 school district; prescribing requirements for
2 such agreements; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsection (1) of section 163.3174, Florida
7 Statutes, is amended to read:
8 163.3174 Local planning agency.--
9 (1) The governing body of each local government,
10 individually or in combination as provided in s. 163.3171,
11 shall designate and by ordinance establish a "local planning
12 agency," unless the agency is otherwise established by law.
13 Notwithstanding any special act to the contrary, all local
14 planning agencies or equivalent agencies that first review
15 rezoning and comprehensive plan amendments in each
16 municipality and county shall include a representative of the
17 school district appointed by the school board as a nonvoting
18 member of the local planning agency or equivalent agency to
19 attend those meetings at which the agency considers
20 comprehensive plan amendments and rezonings that would, if
21 approved, increase residential density on the property that is
22 the subject of the application, however, this subsection does
23 not prevent a local agency from granting voting status to the
24 school board member. The governing body may designate itself
25 as the local planning agency pursuant to this subsection with
26 the addition of a nonvoting school board representative. The
27 governing body shall notify the state land planning agency of
28 the establishment of its local planning agency. All local
29 planning agencies shall provide opportunities for involvement
30 by district school boards and applicable community college
31 boards, which may be accomplished by formal representation,
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1 membership on technical advisory committees, or other
2 appropriate means. The local planning agency shall prepare the
3 comprehensive plan or plan amendment after hearings to be held
4 after public notice and shall make recommendations to the
5 governing body regarding the adoption or amendment of the
6 plan. The agency may be a local planning commission, the
7 planning department of the local government, or other
8 instrumentality, including a countywide planning entity
9 established by special act or a council of local government
10 officials created pursuant to s. 163.02, provided the
11 composition of the council is fairly representative of all the
12 governing bodies in the county or planning area; however:
13 (a) If a joint planning entity is in existence on the
14 effective date of this act which authorizes the governing
15 bodies to adopt and enforce a land use plan effective
16 throughout the joint planning area, that entity shall be the
17 agency for those local governments until such time as the
18 authority of the joint planning entity is modified by law.
19 (b) In the case of chartered counties, the planning
20 responsibility between the county and the several
21 municipalities therein shall be as stipulated in the charter.
22 Section 2. Subsections (3) and (4) and paragraphs (a),
23 (c), and (h) of subsection (6) of section 163.3177, Florida
24 Statutes, are amended to read:
25 163.3177 Required and optional elements of
26 comprehensive plan; studies and surveys.--
27 (3)(a) The comprehensive plan shall contain a capital
28 improvements element designed to consider the need for and the
29 location of public facilities in order to encourage the
30 efficient utilization of such facilities and set forth:
31
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1 1. A component which outlines principles for
2 construction, extension, or increase in capacity of public
3 facilities, as well as a component which outlines principles
4 for correcting existing public facility deficiencies, which
5 are necessary to implement the comprehensive plan. The
6 components shall cover at least a 5-year period.
7 2. Estimated public facility costs, including a
8 delineation of when facilities will be needed, the general
9 location of the facilities, and projected revenue sources to
10 fund the facilities.
11 3. Standards to ensure the availability of public
12 facilities and the adequacy of those facilities including
13 acceptable levels of service.
14 4. Standards for the management of debt.
15 (b) The capital improvements element shall include a
16 schedule for building any water supply facilities that are
17 identified in the potable water element as necessary to meet
18 projected water demand to serve existing and new development.
19 (c)(b) The capital improvements element shall be
20 reviewed on an annual basis and modified as necessary in
21 accordance with s. 163.3187 or s. 163.3189, except that
22 corrections, updates, and modifications concerning costs;
23 revenue sources; acceptance of facilities pursuant to
24 dedications which are consistent with the plan; or the date of
25 construction of any facility enumerated in the capital
26 improvements element may be accomplished by ordinance and
27 shall not be deemed to be amendments to the local
28 comprehensive plan. All public facilities shall be consistent
29 with the capital improvements element.
30 (4)(a) Coordination of the local comprehensive plan
31 with the comprehensive plans of adjacent municipalities, the
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1 county, adjacent counties, or the region; with the appropriate
2 water management district's regional water supply plans
3 adopted pursuant to s. 373.0361; with the district water
4 management plans adopted pursuant to s. 373.036(2), or
5 successive plans; with adopted rules pertaining to designated
6 areas of critical state concern; and with the state
7 comprehensive plan shall be a major objective of the local
8 comprehensive planning process. To that end, in the
9 preparation of a comprehensive plan or element thereof, and in
10 the comprehensive plan or element as adopted, the governing
11 body shall include a specific policy statement indicating the
12 relationship of the proposed development of the area to the
13 comprehensive plans of adjacent municipalities, the county,
14 adjacent counties, or the region and to the state
15 comprehensive plan, as the case may require and as such
16 adopted plans or plans in preparation may exist.
17 (b) When all or a portion of the land in a local
18 government jurisdiction is or becomes part of a designated
19 area of critical state concern, the local government shall
20 clearly identify those portions of the local comprehensive
21 plan that shall be applicable to the critical area and shall
22 indicate the relationship of the proposed development of the
23 area to the rules for the area of critical state concern.
24 (6) In addition to the requirements of subsections
25 (1)-(5), the comprehensive plan shall include the following
26 elements:
27 (a) A future land use plan element designating
28 proposed future general distribution, location, and extent of
29 the uses of land for residential uses, commercial uses,
30 industry, agriculture, recreation, conservation, education,
31 public buildings and grounds, other public facilities, and
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1 other categories of the public and private uses of land. The
2 future land use plan shall include standards to be followed in
3 the control and distribution of population densities and
4 building and structure intensities. The proposed
5 distribution, location, and extent of the various categories
6 of land use shall be shown on a land use map or map series
7 which shall be supplemented by goals, policies, and measurable
8 objectives. Each land use category shall be defined in terms
9 of the types of uses included and specific standards for the
10 density or intensity of use. The future land use plan shall
11 be based upon surveys, studies, and data regarding the area,
12 including the amount of land required to accommodate
13 anticipated growth; the projected population of the area; the
14 character of undeveloped land; the availability of ground
15 water and surface water resources for present and future water
16 supplies and the potential for development of alternative
17 water supplies; the availability of public services; the need
18 for redevelopment, including the renewal of blighted areas and
19 the elimination of nonconforming uses which are inconsistent
20 with the character of the community; and, in rural
21 communities, the need for job creation, capital investment,
22 and economic development that will strengthen and diversify
23 the community's economy. The future land use plan may
24 designate areas for future planned development use involving
25 combinations of types of uses for which special regulations
26 may be necessary to ensure development in accord with the
27 principles and standards of the comprehensive plan and this
28 act. In addition, for rural communities, the amount of land
29 designated for future planned industrial use shall be based
30 upon surveys and studies that reflect the need for job
31 creation, capital investment, and the necessity to strengthen
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1 and diversify the local economies, and shall not be limited
2 solely by the projected population of the rural community. The
3 future land use plan of a county may also designate areas for
4 possible future municipal incorporation. The land use maps or
5 map series shall generally identify and depict historic
6 district boundaries and shall designate historically
7 significant properties meriting protection. The future land
8 use element must clearly identify the land use categories in
9 which public schools are an allowable use. When delineating
10 the land use categories in which public schools are an
11 allowable use, a local government shall include in the
12 categories sufficient land proximate to residential
13 development to meet the projected needs for schools in
14 coordination with public school boards and may establish
15 differing criteria for schools of different type or size.
16 Each local government shall include lands contiguous to
17 existing school sites, to the maximum extent possible, within
18 the land use categories in which public schools are an
19 allowable use. All comprehensive plans must comply with the
20 school siting requirements of this paragraph no later than
21 October 1, 1999. The failure by a local government to comply
22 with these school siting requirements by October 1, 1999, will
23 result in the prohibition of the local government's ability to
24 amend the local comprehensive plan, except for plan amendments
25 described in s. 163.3187(1)(b), until the school siting
26 requirements are met. Amendments An amendment proposed by a
27 local government for purposes of identifying the land use
28 categories in which public schools are an allowable use or for
29 adopting or amending the school-siting maps pursuant to s.
30 163.31776(5) are is exempt from the limitation on the
31 frequency of plan amendments contained in s. 163.3187. The
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1 future land use element shall include criteria that which
2 encourage the location of schools proximate to urban
3 residential areas to the extent possible and shall require
4 that the local government seek to collocate public facilities,
5 such as parks, libraries, and community centers, with schools
6 to the extent possible and to encourage the use of elementary
7 schools as focal points for neighborhoods. For schools serving
8 predominantly rural counties, defined as a county with a
9 population of 100,000 or fewer, an agricultural land use
10 category shall be eligible for the location of public school
11 facilities if the local comprehensive plan contains school
12 siting criteria and the location is consistent with such
13 criteria.
14 (c) A general sanitary sewer, solid waste, drainage,
15 potable water, and natural groundwater aquifer recharge
16 element correlated to principles and guidelines for future
17 land use, indicating ways to provide for future potable water,
18 drainage, sanitary sewer, solid waste, and aquifer recharge
19 protection requirements for the area. The element may be a
20 detailed engineering plan including a topographic map
21 depicting areas of prime groundwater recharge. The element
22 shall describe the problems and needs and the general
23 facilities that will be required for solution of the problems
24 and needs. The element shall also include a topographic map
25 depicting any areas adopted by a regional water management
26 district as prime groundwater recharge areas for the Floridan
27 or Biscayne aquifers, pursuant to s. 373.0395. These areas
28 shall be given special consideration when the local government
29 is engaged in zoning or considering future land use for said
30 designated areas. For areas served by septic tanks, soil
31 surveys shall be provided which indicate the suitability of
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1 soils for septic tanks. By January 1, 2005, or the Evaluation
2 and Appraisal Report adoption deadline established for the
3 local government pursuant to s. 163.3191(a), whichever date
4 occurs first, the element must also include data and analysis,
5 including, but not limited to, the appropriate water
6 management district's regional water supply plan adopted
7 pursuant to s. 373.0361, or the district water management plan
8 adopted pursuant to s. 373.036(2), which evaluates the
9 availability of potable water compared to population growth
10 projected by the local government comprehensive plan.
11 (h)1. An intergovernmental coordination element
12 showing relationships and stating principles and guidelines to
13 be used in the accomplishment of coordination of the adopted
14 comprehensive plan with the plans of school boards and other
15 units of local government providing services but not having
16 regulatory authority over the use of land, with the
17 comprehensive plans of adjacent municipalities, the county,
18 adjacent counties, the appropriate water management district,
19 or the region, and with the state comprehensive plan, as the
20 case may require and as such adopted plans or plans in
21 preparation may exist. This element of the local
22 comprehensive plan shall demonstrate consideration of the
23 particular effects of the local plan, when adopted, upon the
24 development of adjacent municipalities, the county, adjacent
25 counties, or the region, or upon the state comprehensive plan,
26 as the case may require.
27 a. The intergovernmental coordination element shall
28 provide for procedures to identify and implement joint
29 planning areas, especially for the purpose of annexation,
30 municipal incorporation, and joint infrastructure service
31 areas.
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1 b. The intergovernmental coordination element shall
2 provide for recognition of campus master plans prepared
3 pursuant to s. 240.155.
4 c. The intergovernmental coordination element may
5 provide for a voluntary dispute resolution process as
6 established pursuant to s. 186.509 for bringing to closure in
7 a timely manner intergovernmental disputes. A local
8 government may develop and use an alternative local dispute
9 resolution process for this purpose.
10 2. The intergovernmental coordination element shall
11 further state principles and guidelines to be used in the
12 accomplishment of coordination of the adopted comprehensive
13 plan with the plans of school boards and other units of local
14 government providing facilities and services but not having
15 regulatory authority over the use of land. In addition, the
16 intergovernmental coordination element shall describe joint
17 processes for collaborative planning and decisionmaking on
18 population projections and public school siting, the location
19 and extension of public facilities subject to concurrency, and
20 siting facilities with countywide significance, including
21 locally unwanted land uses whose nature and identity are
22 established in an agreement. Within 1 year of adopting their
23 intergovernmental coordination elements, each county, all the
24 municipalities within that county, the district school board,
25 and any unit of local government service providers in that
26 county shall establish by interlocal or other formal agreement
27 executed by all affected entities, the joint processes
28 described in this subparagraph consistent with their adopted
29 intergovernmental coordination elements.
30 3. To foster coordination between special districts
31 and local general-purpose governments as local general-purpose
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1 governments implement local comprehensive plans, each
2 independent special district must submit a public facilities
3 report to the appropriate local government as required by s.
4 189.415.
5 4. For those local governments adopting a public
6 educational facilities element pursuant to s. 163.31776, an
7 interlocal agreement must be executed between the district
8 school board, the county, and nonexempt municipalities, as
9 defined by s. 163.31776(3). The interlocal agreement must
10 include:
11 a. A description of how the coordination will be
12 achieved between local governments and the school board of a
13 uniform countywide school facility planning system based on
14 the local government's educational facilities element and the
15 school district's educational facility plan.
16 b. A process for determining and using uniform
17 projections of the amount, type, and distribution of
18 population growth and student enrollment.
19 c. A description of how the local governments and the
20 school board will share information on existing and planned
21 educational facilities and local government plans for
22 development and redevelopment.
23 d. A process for the coordination of school siting
24 decisions between the local governments and the school board
25 which provides for the early involvement of the local
26 government in the identification of potential sites by the
27 school board and which includes criteria applied by the local
28 government to a school board's request for a comprehensive
29 plan amendment.
30 e. A process for school district participation in the
31 review of comprehensive plan amendments and rezonings which
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1 increase residential density and are reasonably expected to
2 have an impact on public school facility demand which include:
3 I. The methodology and criteria for determining
4 whether school facility capacity will be available at the time
5 of projected demand;
6 II. Uniform, district-wide level-of-service standards
7 for all public schools of the same type;
8 III. The adoption of capacity-determination
9 methodologies, including student generation multipliers, into
10 the local government's public educational facilities element
11 and the school board's educational facilities plan; and
12 IV. A methodology for determining proportionate share
13 mitigation.
14 f. A dispute resolution process. The state land
15 planning agency shall establish a schedule for phased
16 completion and transmittal of plan amendments to implement
17 subparagraphs 1., 2., and 3. from all jurisdictions so as to
18 accomplish their adoption by December 31, 1999. A local
19 government may complete and transmit its plan amendments to
20 carry out these provisions prior to the scheduled date
21 established by the state land planning agency. The plan
22 amendments are exempt from the provisions of s. 163.3187(1).
23 Section 3. Section 163.31775, Florida Statutes, is
24 repealed.
25 Section 4. Section 163.31776, Florida Statutes, is
26 created to read:
27 163.31776 Public educational facilities element.--
28 (1) The intent of the Legislature is to establish a
29 systematic process for school boards and local governments to:
30
31
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1 (a) Share information concerning the growth and
2 development trends in their communities in order to forecast
3 future enrollment and school needs;
4 (b) Cooperatively plan for the provision of
5 educational facilities to meet the current and projected needs
6 of the public education system population, including the needs
7 placed on the public education system as a result of growth
8 and development decisions by local government; and
9 (c) Cooperatively identify and meet the infrastructure
10 needs of public schools to assure healthy school environments
11 and safe school access.
12 (2) The Legislature finds that:
13 (a) Public schools are a linchpin to the vitality of
14 our communities and play a significant role in thousands of
15 individual housing decisions that result in community growth
16 trends.
17 (b) Growth and development issues transcend the
18 boundaries and responsibilities of individual units of
19 government, and often no single unit of government can plan or
20 implement policies to deal with these issues without affecting
21 other units of government.
22 (3) A county, in conjunction with the municipalities
23 within the county, may adopt an optional public educational
24 facilities element in cooperation with the applicable school
25 district. In order to enact an optional public educational
26 facilities element, the county and each municipality, unless
27 the municipality is exempt as defined in this subsection, must
28 adopt a consistent public educational facilities element and
29 enter the interlocal agreement pursuant to s. 163.3177(6)(h)4.
30 A municipality is exempt if it meets all the following
31 criteria:
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1 (a) The municipality has issued development orders for
2 fewer than 50 residential dwelling units during the last 5
3 years, or it has generated fewer than 25 additional public
4 school students during the last 5 years;
5 (b) The municipality has not annexed new land during
6 the last 5 years in land-use categories that permit
7 residential uses that may affect school attendance rates;
8 (c) The municipality has no public schools located
9 with its boundaries;
10 (d) At least 80 percent of the developable land within
11 the boundaries of the municipality has been built upon; and
12 (e) The municipality has not adopted a land-use
13 amendment that increases residential density for more than 50
14 residential units.
15 (4) The public educational facilities element must be
16 based on data and analysis, including the interlocal agreement
17 defined by s. 163.3177(6)(h)4., and on the educational
18 facilities plan required by s. 235.185. Each local government
19 public educational facilities element within a county must be
20 consistent with the other elements and must address:
21 (a) The need for, strategies for, and commitments to
22 addressing improvements to infrastructure, safety, and
23 community conditions in areas proximate to existing public
24 schools.
25 (b) The need for and strategies for providing adequate
26 infrastructure necessary to support proposed schools,
27 including potable water, wastewater, drainage, solid waste,
28 transportation, and means by which to assure safe access to
29 schools, including sidewalks, bicycle paths, turn lanes, and
30 signalization.
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1 (c) Colocation of other public facilities, such as
2 parks, libraries, and community centers, in proximity to
3 public schools.
4 (d) Location of schools proximate to residential areas
5 and to complement patterns of development, including using
6 elementary schools as focal points for neighborhoods.
7 (e) Use of public schools to serve as emergency
8 shelters.
9 (f) Consideration of the existing and planned capacity
10 of public schools when reviewing comprehensive plan amendments
11 and rezonings that are likely to increase residential
12 development and that are reasonably expected to have an impact
13 on the demand for public school facilities, with the review to
14 be based on uniform, districtwide level-of-service standards
15 for all public schools of the same type, availability
16 standards for public schools, and the financially feasible
17 5-year district facilities work program adopted by the school
18 board pursuant to s. 235.185.
19 (g) A uniform methodology for determining school
20 capacity and proportionate-share mitigation consistent with
21 the interlocal agreement entered pursuant to s.
22 163.3177(6)(h)4.
23 (5) The future land-use map series must incorporate
24 maps that are the result of a collaborative process for
25 identifying school sites in the educational facilities plan
26 adopted by the school board pursuant to s. 235.185 and must
27 show the locations of existing public schools and the general
28 locations of improvements to existing schools or new schools
29 anticipated over the 5-year, 10-year, and 20-year time
30 periods, or such maps shall be data and analysis in support of
31 the future land-use map series. Maps indicating general
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1 locations of future schools or school improvements should not
2 prescribe a land use on a particular parcel of land.
3 (6) The process for adopting a public educational
4 facilities element is as provided in s. 163.3184. The state
5 land planning agency shall submit a copy of the proposed pubic
6 school facilities element pursuant to the procedures outlined
7 in s. 163.3184(4) to the Office of Educational Facilities of
8 the Commissioner of Education for review and comment.
9 Section 5. Subsection (4) of section 163.3180, Florida
10 Statutes, is amended to read:
11 163.3180 Concurrency.--
12 (4)(a) The concurrency requirement as implemented in
13 local comprehensive plans applies to state and other public
14 facilities and development to the same extent that it applies
15 to all other facilities and development, as provided by law.
16 (b) The concurrency requirement as implemented in
17 local comprehensive plans does not apply to public transit
18 facilities. For the purposes of this paragraph, public
19 transit facilities include transit stations and terminals,
20 transit station parking, park-and-ride lots, intermodal public
21 transit connection or transfer facilities, and fixed bus,
22 guideway, and rail stations. As used in this paragraph, the
23 terms "terminals" and "transit facilities" do not include
24 airports or seaports or commercial or residential development
25 constructed in conjunction with a public transit facility.
26 (c) The concurrency requirement as implemented in
27 local government comprehensive plans may be waived by a local
28 government for urban infill and redevelopment areas designated
29 pursuant to s. 163.2517 if such a waiver does not endanger
30 public health or safety as defined by the local government in
31 its local government comprehensive plan.
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1 Section 6. Subsections (1), (3), (4), (6), (7), (8),
2 and (15) and paragraph (d) of subsection (16) of section
3 163.3184, Florida Statutes, are amended to read:
4 163.3184 Process for adoption of comprehensive plan or
5 plan amendment.--
6 (1) DEFINITIONS.--As used in this section, the term:
7 (a) "Affected person" includes the affected local
8 government; persons owning property, residing, or owning or
9 operating a business within the boundaries of the local
10 government whose plan is the subject of the review; owners of
11 real property abutting real property that is the subject of a
12 proposed change to a future land-use map; and adjoining local
13 governments that can demonstrate that the plan or plan
14 amendment will produce substantial impacts on the increased
15 need for publicly funded infrastructure or substantial impacts
16 on areas designated for protection or special treatment within
17 their jurisdiction. Each person, other than an adjoining local
18 government, in order to qualify under this definition, shall
19 also have submitted oral or written comments, recommendations,
20 or objections to the local government during the period of
21 time beginning with the transmittal hearing for the plan or
22 plan amendment and ending with the adoption of the plan or
23 plan amendment.
24 (b) "In compliance" means consistent with the
25 requirements of ss. 163.3177, 163.31776, when a local
26 government adopts an educational facilities element, 163.3178,
27 163.3180, 163.3191, and 163.3245, with the state comprehensive
28 plan, with the appropriate strategic regional policy plan, and
29 with chapter 9J-5, Florida Administrative Code, where such
30 rule is not inconsistent with this part and with the
31
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1 principles for guiding development in designated areas of
2 critical state concern.
3 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
4 AMENDMENT.--
5 (a) Each local governing body shall transmit the
6 complete proposed comprehensive plan or plan amendment to the
7 state land planning agency, the appropriate regional planning
8 council and water management district, the Department of
9 Environmental Protection, the Department of State, and the
10 Department of Transportation, and, in the case of municipal
11 plans, to the appropriate county, and, in the case of county
12 plans, to the Fish and Wildlife Conservation Commission and
13 the Department of Agriculture and Consumer Services,
14 immediately following a public hearing pursuant to subsection
15 (15) as specified in the state land planning agency's
16 procedural rules. The local governing body shall also transmit
17 a copy of the complete proposed comprehensive plan or plan
18 amendment to any other unit of local government or government
19 agency in the state that has filed a written request with the
20 governing body for the plan or plan amendment. The local
21 government may request a review by the state land planning
22 agency pursuant to subsection (6) at the time of the
23 transmittal of an amendment.
24 (b) A local governing body shall not transmit portions
25 of a plan or plan amendment unless it has previously provided
26 to all state agencies designated by the state land planning
27 agency a complete copy of its adopted comprehensive plan
28 pursuant to subsection (7) and as specified in the agency's
29 procedural rules. In the case of comprehensive plan
30 amendments, the local governing body shall transmit to the
31 state land planning agency, the appropriate regional planning
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1 council and water management district, the Department of
2 Environmental Protection, the Department of State, and the
3 Department of Transportation, and, in the case of municipal
4 plans, to the appropriate county, and, in the case of county
5 plans, to the Fish and Wildlife Conservation Commission and
6 the Department of Agriculture and Consumer Services, the
7 materials specified in the state land planning agency's
8 procedural rules and, in cases in which the plan amendment is
9 a result of an evaluation and appraisal report adopted
10 pursuant to s. 163.3191, a copy of the evaluation and
11 appraisal report. Local governing bodies shall consolidate all
12 proposed plan amendments into a single submission for each of
13 the two plan amendment adoption dates during the calendar year
14 pursuant to s. 163.3187.
15 (c) A local government may adopt a proposed plan
16 amendment previously transmitted pursuant to this subsection,
17 unless review is requested or otherwise initiated pursuant to
18 subsection (6).
19 (d) In cases in which a local government transmits
20 multiple individual amendments that can be clearly and legally
21 separated and distinguished for the purpose of determining
22 whether to review the proposed amendment, and the state land
23 planning agency elects to review several or a portion of the
24 amendments and the local government chooses to immediately
25 adopt the remaining amendments not reviewed, the amendments
26 immediately adopted and any reviewed amendments that the local
27 government subsequently adopts together constitute one
28 amendment cycle in accordance with s. 163.3187(1).
29 (4) INTERGOVERNMENTAL REVIEW.--If review of a proposed
30 comprehensive plan amendment is requested or otherwise
31 initiated pursuant to subsection (6), the state land planning
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1 agency within 5 working days of determining that such a review
2 will be conducted shall transmit a copy of the proposed plan
3 amendment to various government agencies, as appropriate, for
4 response or comment, including, but not limited to, the
5 Department of Environmental Protection, the Department of
6 Transportation, the water management district, and the
7 regional planning council, and, in the case of municipal
8 plans, to the county land planning agency. The These
9 governmental agencies specified in paragraph (3)(a) shall
10 provide comments to the state land planning agency within 30
11 days after receipt by the state land planning agency of the
12 complete proposed plan amendment. If the plan or plan
13 amendment includes or relates to the public school facilities
14 element pursuant to s. 163.31776, the state land planning
15 agency shall submit a copy to the Office of Educational
16 Facilities of the Commissioner of Education for review and
17 comment. The appropriate regional planning council shall also
18 provide its written comments to the state land planning agency
19 within 30 days after receipt by the state land planning agency
20 of the complete proposed plan amendment and shall specify any
21 objections, recommendations for modifications, and comments of
22 any other regional agencies to which the regional planning
23 council may have referred the proposed plan amendment. Written
24 comments submitted by the public within 30 days after notice
25 of transmittal by the local government of the proposed plan
26 amendment will be considered as if submitted by governmental
27 agencies. All written agency and public comments must be made
28 part of the file maintained under subsection (2).
29 (6) STATE LAND PLANNING AGENCY REVIEW.--
30 (a) The state land planning agency shall review a
31 proposed plan amendment upon request of a regional planning
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1 council, affected person, or local government transmitting the
2 plan amendment. The request from the regional planning council
3 or affected person must be if the request is received within
4 30 days after transmittal of the proposed plan amendment
5 pursuant to subsection (3). The agency shall issue a report
6 of its objections, recommendations, and comments regarding the
7 proposed plan amendment. A regional planning council or
8 affected person requesting a review shall do so by submitting
9 a written request to the agency with a notice of the request
10 to the local government and any other person who has requested
11 notice.
12 (b) The state land planning agency may review any
13 proposed plan amendment regardless of whether a request for
14 review has been made, if the agency gives notice to the local
15 government, and any other person who has requested notice, of
16 its intention to conduct such a review within 35 30 days after
17 receipt of transmittal of the complete proposed plan amendment
18 pursuant to subsection (3).
19 (c) The state land planning agency shall establish by
20 rule a schedule for receipt of comments from the various
21 government agencies, as well as written public comments,
22 pursuant to subsection (4). If the state land planning agency
23 elects to review the amendment or the agency is required to
24 review the amendment as specified in paragraph (a), the agency
25 shall issue a report giving its objections, recommendations,
26 and comments regarding the proposed amendment within 60 days
27 after receipt of the complete proposed amendment by the state
28 land planning agency. The state land planning agency shall
29 have 30 days to review comments from the various government
30 agencies along with a local government's comprehensive plan or
31 plan amendment. During that period, the state land planning
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1 agency shall transmit in writing its comments to the local
2 government along with any objections and any recommendations
3 for modifications. When a federal, state, or regional agency
4 has implemented a permitting program, the state land planning
5 agency shall not require a local government to duplicate or
6 exceed that permitting program in its comprehensive plan or to
7 implement such a permitting program in its land development
8 regulations. Nothing contained herein shall prohibit the
9 state land planning agency in conducting its review of local
10 plans or plan amendments from making objections,
11 recommendations, and comments or making compliance
12 determinations regarding densities and intensities consistent
13 with the provisions of this part. In preparing its comments,
14 the state land planning agency shall only base its
15 considerations on written, and not oral, comments, from any
16 source.
17 (d) The state land planning agency review shall
18 identify all written communications with the agency regarding
19 the proposed plan amendment. If the state land planning agency
20 does not issue such a review, it shall identify in writing to
21 the local government all written communications received 30
22 days after transmittal. The written identification must
23 include a list of all documents received or generated by the
24 agency, which list must be of sufficient specificity to enable
25 the documents to be identified and copies requested, if
26 desired, and the name of the person to be contacted to request
27 copies of any identified document. The list of documents must
28 be made a part of the public records of the state land
29 planning agency.
30 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
31 PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government
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1 shall review the written comments submitted to it by the state
2 land planning agency, and any other person, agency, or
3 government. Any comments, recommendations, or objections and
4 any reply to them shall be public documents, a part of the
5 permanent record in the matter, and admissible in any
6 proceeding in which the comprehensive plan or plan amendment
7 may be at issue. The local government, upon receipt of
8 written comments from the state land planning agency, shall
9 have 120 days to adopt or adopt with changes the proposed
10 comprehensive plan or s. 163.3191 plan amendments. In the
11 case of comprehensive plan amendments other than those
12 proposed pursuant to s. 163.3191, the local government shall
13 have 60 days to adopt the amendment, adopt the amendment with
14 changes, or determine that it will not adopt the amendment.
15 The adoption of the proposed plan or plan amendment or the
16 determination not to adopt a plan amendment, other than a plan
17 amendment proposed pursuant to s. 163.3191, shall be made in
18 the course of a public hearing pursuant to subsection (15).
19 The local government shall transmit the complete adopted
20 comprehensive plan or adopted plan amendment, including the
21 names and addresses of person compiled pursuant to paragraph
22 (15)(c), to the state land planning agency as specified in the
23 agency's procedural rules within 10 working days after
24 adoption. The local governing body shall also transmit a copy
25 of the adopted comprehensive plan or plan amendment to the
26 regional planning agency and to any other unit of local
27 government or governmental agency in the state that has filed
28 a written request with the governing body for a copy of the
29 plan or plan amendment.
30 (8) NOTICE OF INTENT.--
31
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1 (a) Except as provided in s. 163.3187(3), the state
2 land planning agency, upon receipt of a local government's
3 complete adopted comprehensive plan or plan amendment, shall
4 have 45 days for review and to determine if the plan or plan
5 amendment is in compliance with this act, unless the amendment
6 is the result of a compliance agreement entered into under
7 subsection (16), in which case the time period for review and
8 determination shall be 30 days. If review was not conducted
9 under subsection (6), the agency's determination must be based
10 upon the plan amendment as adopted. If review was conducted
11 under subsection (6), the agency's determination of compliance
12 must be based only upon one or both of the following:
13 1. The state land planning agency's written comments
14 to the local government pursuant to subsection (6); or
15 2. Any changes made by the local government to the
16 comprehensive plan or plan amendment as adopted.
17 (b)1. During the time period provided for in this
18 subsection, the state land planning agency shall issue,
19 through a senior administrator or the secretary, as specified
20 in the agency's procedural rules, a notice of intent to find
21 that the plan or plan amendment is in compliance or not in
22 compliance. A notice of intent shall be issued by publication
23 in the manner provided by this paragraph and by mailing a copy
24 to the local government and to persons who request notice.
25 The required advertisement shall be no less than 2 columns
26 wide by 10 inches long, and the headline in the advertisement
27 shall be in a type no smaller than 12 point. The advertisement
28 shall not be placed in that portion of the newspaper where
29 legal notices and classified advertisements appear. The
30 advertisement shall be published in a newspaper which meets
31 the size and circulation requirements set forth in paragraph
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1 (15)(c) and which has been designated in writing by the
2 affected local government at the time of transmittal of the
3 amendment. Publication by the state land planning agency of a
4 notice of intent in the newspaper designated by the local
5 government shall be prima facie evidence of compliance with
6 the publication requirements of this section.
7 2. For fiscal year 2001-2002 only, the provisions of
8 this subparagraph shall supersede the provisions of
9 subparagraph 1. During the time period provided for in this
10 subsection, the state land planning agency shall issue,
11 through a senior administrator or the secretary, as specified
12 in the agency's procedural rules, a notice of intent to find
13 that the plan or plan amendment is in compliance or not in
14 compliance. A notice of intent shall be issued by publication
15 in the manner provided by this paragraph and by mailing a copy
16 to the local government. The advertisement shall be placed in
17 that portion of the newspaper where legal notices appear. The
18 advertisement shall be published in a newspaper that meets the
19 size and circulation requirements set forth in paragraph
20 (15)(c) and that has been designated in writing by the
21 affected local government at the time of transmittal of the
22 amendment. Publication by the state land planning agency of a
23 notice of intent in the newspaper designated by the local
24 government shall be prima facie evidence of compliance with
25 the publication requirements of this section. The state land
26 planning agency shall post a copy of the notice of intent on
27 the agency's Internet site. The agency shall, no later than
28 the date the notice of intent is transmitted to the newspaper,
29 send by regular mail a courtesy informational statement to
30 persons who provide their names and addresses to the local
31 government at the transmittal hearing or at the adoption
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1 hearing where the local government has provided the names and
2 addresses of such persons to the department at the time of
3 transmittal of the adopted amendment. The informational
4 statements shall include the name of the newspaper in which
5 the notice of intent will appear, the approximate date of
6 publication, the ordinance number of the plan or plan
7 amendment, and a statement that affected persons have 21 days
8 after the actual date of publication of the notice to file a
9 petition. This subparagraph expires July 1, 2002.
10 2. A local government that has an Internet site shall
11 post a copy of the state land planning agency's notice of
12 intent on the site within 5 days after receipt of the mailed
13 copy of the agency's notice of intent.
14 (15) PUBLIC HEARINGS.--
15 (a) The procedure for transmittal of a complete
16 proposed comprehensive plan or plan amendment pursuant to
17 subsection (3) and for adoption of a comprehensive plan or
18 plan amendment pursuant to subsection (7) shall be by
19 affirmative vote of not less than a majority of the members of
20 the governing body present at the hearing. The adoption of a
21 comprehensive plan or plan amendment shall be by ordinance.
22 For the purposes of transmitting or adopting a comprehensive
23 plan or plan amendment, the notice requirements in chapters
24 125 and 166 are superseded by this subsection, except as
25 provided in this part.
26 (b) The local governing body shall hold at least two
27 advertised public hearings on the proposed comprehensive plan
28 or plan amendment as follows:
29 1. The first public hearing shall be held at the
30 transmittal stage pursuant to subsection (3). It shall be
31
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1 held on a weekday at least 7 days after the day that the first
2 advertisement is published.
3 2. The second public hearing shall be held at the
4 adoption stage pursuant to subsection (7). It shall be held
5 on a weekday at least 5 days after the day that the second
6 advertisement is published.
7 (c) The local government shall provide a sign-in form
8 at the transmittal hearing and at the adoption hearing for
9 persons to provide their names and mailing addresses. The
10 sign-in form must advise that any person providing the
11 requested information will receive a courtesy informational
12 statement concerning publications of the state land planning
13 agency's notice of intent. The local government shall add to
14 the sign-in form the name and address of any person who
15 submits written comments concerning the proposed plan or plan
16 amendment during the time period between the commencement of
17 the transmittal hearing and the end of the adoption hearing.
18 It is the responsibility of the person completing the form or
19 providing written comments to accurately, completely, and
20 legibly provide all information needed in order to receive the
21 courtesy informational statement.
22 (d) The agency shall provide a model sign-in form for
23 providing the list to the agency which may be used by the
24 local government to satisfy the requirements of this
25 subsection.
26 (e)(c) If the proposed comprehensive plan or plan
27 amendment changes the actual list of permitted, conditional,
28 or prohibited uses within a future land use category or
29 changes the actual future land use map designation of a parcel
30 or parcels of land, the required advertisements shall be in
31
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1 the format prescribed by s. 125.66(4)(b)2. for a county or by
2 s. 166.041(3)(c)2.b. for a municipality.
3 (16) COMPLIANCE AGREEMENTS.--
4 (d) A local government may adopt a plan amendment
5 pursuant to a compliance agreement in accordance with the
6 requirements of paragraph (15)(a). The plan amendment shall be
7 exempt from the requirements of subsections (2)-(7). The
8 local government shall hold a single adoption public hearing
9 pursuant to the requirements of subparagraph (15)(b)2. and
10 paragraph (15)(e)(c). Within 10 working days after adoption of
11 a plan amendment, the local government shall transmit the
12 amendment to the state land planning agency as specified in
13 the agency's procedural rules, and shall submit one copy to
14 the regional planning agency and to any other unit of local
15 government or government agency in the state that has filed a
16 written request with the governing body for a copy of the plan
17 amendment, and one copy to any party to the proceeding under
18 ss. 120.569 and 120.57 granted intervenor status.
19 Section 7. Paragraph (k) is added to subsection (1) of
20 section 163.3187, Florida Statutes, to read:
21 163.3187 Amendment of adopted comprehensive plan.--
22 (1) Amendments to comprehensive plans adopted pursuant
23 to this part may be made not more than two times during any
24 calendar year, except:
25 (k) A comprehensive plan amendment to adopt a public
26 educational facilities element pursuant to s. 163.31776 and
27 future land-use-map amendments for school siting may be
28 approved notwithstanding statutory limits on the frequency of
29 adopting plan amendments.
30
31
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1 Section 8. Paragraph (k) of subsection (2) of section
2 163.3191, Florida Statutes, is amended and paragraph (l) is
3 added to that subsection to read:
4 163.3191 Evaluation and appraisal of comprehensive
5 plan.--
6 (2) The report shall present an evaluation and
7 assessment of the comprehensive plan and shall contain
8 appropriate statements to update the comprehensive plan,
9 including, but not limited to, words, maps, illustrations, or
10 other media, related to:
11 (k) The coordination of the comprehensive plan with
12 existing public schools and those identified in the applicable
13 educational 5-year school district facilities plan work
14 program adopted pursuant to s. 235.185. The assessment shall
15 address, where relevant, the success or failure of the
16 coordination of the future land use map and associated planned
17 residential development with public schools and their
18 capacities, as well as the joint decisionmaking processes
19 engaged in by the local government and the school board in
20 regard to establishing appropriate population projections and
21 the planning and siting of public school facilities. If the
22 issues are not relevant, the local government shall
23 demonstrate that they are not relevant.
24 (l) An evaluation, based on data and analysis,
25 including, but not limited to, the appropriate water
26 management district's regional water supply plan adopted
27 pursuant to s. 373.0361, of the availability of potable water
28 compared to population growth projected by the local
29 government comprehensive plan and whether future water supply
30 development needs are addressed in the capital improvements
31 element.
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1 Section 9. Paragraph (c) of subsection (2) and
2 subsection (3) of section 186.504, Florida Statutes, are
3 amended to read:
4 186.504 Regional planning councils; creation;
5 membership.--
6 (2) Membership on the regional planning council shall
7 be as follows:
8 (c) Representatives appointed by the Governor from the
9 geographic area covered by the regional planning council,
10 including an elected school board member from the geographic
11 area covered by the regional planning council, to be nominated
12 by the Florida School Board Association.
13 (3) Not less than two-thirds of the representatives
14 serving as voting members on the governing bodies of such
15 regional planning councils shall be elected officials of local
16 general-purpose governments chosen by the cities and counties
17 of the region, provided each county shall have at least one
18 vote. The remaining one-third of the voting members on the
19 governing board shall be appointed by the Governor, to include
20 one elected school board member, subject to confirmation by
21 the Senate, and shall reside in the region. No two appointees
22 of the Governor shall have their places of residence in the
23 same county until each county within the region is represented
24 by a Governor's appointee to the governing board. Nothing
25 contained in this section shall deny to local governing bodies
26 or the Governor the option of appointing either locally
27 elected officials or lay citizens provided at least two-thirds
28 of the governing body of the regional planning council is
29 composed of locally elected officials.
30
31
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1 Section 10. Paragraph (a) of subsection (2) and
2 subsection (6) of section 212.055, Florida Statutes, are
3 amended to read:
4 212.055 Discretionary sales surtaxes; legislative
5 intent; authorization and use of proceeds.--It is the
6 legislative intent that any authorization for imposition of a
7 discretionary sales surtax shall be published in the Florida
8 Statutes as a subsection of this section, irrespective of the
9 duration of the levy. Each enactment shall specify the types
10 of counties authorized to levy; the rate or rates which may be
11 imposed; the maximum length of time the surtax may be imposed,
12 if any; the procedure which must be followed to secure voter
13 approval, if required; the purpose for which the proceeds may
14 be expended; and such other requirements as the Legislature
15 may provide. Taxable transactions and administrative
16 procedures shall be as provided in s. 212.054.
17 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
18 (a)1. The governing authority in each county may levy
19 a discretionary sales surtax of 0.5 percent or 1 percent. The
20 levy of the surtax shall be pursuant to ordinance enacted by a
21 supermajority majority of the members of the county governing
22 authority or pursuant to ordinance enacted by a majority of
23 the members of the county governing authority and approved by
24 a majority of the electors of the county voting in a
25 referendum on the surtax. If the governing bodies of the
26 municipalities representing a majority of the county's
27 population adopt uniform resolutions establishing the rate of
28 the surtax and calling for a referendum on the surtax, the
29 levy of the surtax shall be placed on the ballot and shall
30 take effect if approved by a majority of the electors of the
31 county voting in the referendum on the surtax.
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1 2. If the surtax was levied pursuant to a referendum
2 held before July 1, 1993, the surtax may not be levied beyond
3 the time established in the ordinance, or, if the ordinance
4 did not limit the period of the levy, the surtax may not be
5 levied for more than 15 years. The levy of such surtax may be
6 extended only by approval of a majority of the electors of the
7 county voting in a referendum on the surtax or pursuant to
8 ordinance enacted by a supermajority vote of the members of
9 the county governing authority.
10
11 For purposes of this paragraph, the term "supermajority vote"
12 means an affirmative vote of a majority of the membership of
13 the governing authority plus one.
14 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
15 (a) The school board in each county may levy, pursuant
16 to resolution conditioned to take effect only upon approval by
17 a majority vote of the electors of the county voting in a
18 referendum, a discretionary sales surtax at a rate that may
19 not exceed 0.5 percent.
20 (b) The resolution shall include a statement that
21 provides a brief and general description of the school capital
22 outlay projects to be funded by the surtax. If applicable, the
23 resolution must state that the district school board has been
24 recognized by the State Board of Education as having a Florida
25 Frugal Schools Program. The statement shall conform to the
26 requirements of s. 101.161 and shall be placed on the ballot
27 by the governing body of the county. The following question
28 shall be placed on the ballot:
29
30 ....FOR THE ....CENTS TAX
31 ....AGAINST THE ....CENTS TAX
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1
2 (c) As an alternative method of levying the
3 discretionary sales surtax, the district school board may
4 levy, pursuant to resolution adopted by a supermajority of the
5 members of the school board, a discretionary sales surtax at a
6 rate not to exceed 0.5 percent when the following conditions
7 are met:
8 1. The district school board and local governments in
9 the county where the school district is located have adopted
10 the interlocal agreement and public educational facilities
11 element required by s. 163.31776; and
12 2. The district school board has adopted a district
13 educational facilities plan pursuant to s. 235.185.
14
15 For purposes of this paragraph, the term "supermajority vote"
16 means an affirmative vote of a majority of the membership of
17 the school board plus one.
18 (d)(c) The resolution providing for the imposition of
19 the surtax shall set forth a plan for use of the surtax
20 proceeds for fixed capital expenditures or fixed capital costs
21 associated with the construction, reconstruction, or
22 improvement of school facilities and campuses which have a
23 useful life expectancy of 5 or more years, and any land
24 acquisition, land improvement, design, and engineering costs
25 related thereto. Additionally, the plan shall include the
26 costs of retrofitting and providing for technology
27 implementation, including hardware and software, for the
28 various sites within the school district. Surtax revenues may
29 be used for the purpose of servicing bond indebtedness to
30 finance projects authorized by this subsection, and any
31 interest accrued thereto may be held in trust to finance such
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1 projects. Neither the proceeds of the surtax nor any interest
2 accrued thereto shall be used for operational expenses. If the
3 district school board has been recognized by the State Board
4 of Education as having a Florida Frugal Schools Program, the
5 district's plan for use of the surtax proceeds must be
6 consistent with this subsection and with uses assured under
7 the Florida Frugal Schools Program.
8 (e)(d) Any school board imposing the surtax shall
9 implement a freeze on noncapital local school property taxes,
10 at the millage rate imposed in the year prior to the
11 implementation of the surtax, for a period of at least 3 years
12 from the date of imposition of the surtax. This provision
13 shall not apply to existing debt service or required state
14 taxes.
15 (f)(e) Surtax revenues collected by the Department of
16 Revenue pursuant to this subsection shall be distributed to
17 the school board imposing the surtax in accordance with law.
18 Section 11. Section 235.002, Florida Statutes, is
19 amended to read:
20 235.002 Intent.--
21 (1) The intent of the Legislature is to:
22 (a) To provide each student in the public education
23 system the availability of an educational environment
24 appropriate to his or her educational needs which is
25 substantially equal to that available to any similar student,
26 notwithstanding geographic differences and varying local
27 economic factors, and to provide facilities for the Florida
28 School for the Deaf and the Blind and other educational
29 institutions and agencies as may be defined by law.
30 (a)(b) To Encourage the use of innovative designs,
31 construction techniques, and financing mechanisms in building
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1 educational facilities for the purposes purpose of reducing
2 costs to the taxpayer, creating a more satisfactory
3 educational environment, and reducing the amount of time
4 necessary for design and construction to fill unmet needs, and
5 permitting the on-site and off-site improvements required by
6 law.
7 (b)(c) To Provide a systematic mechanism whereby
8 educational facilities construction plans can meet the current
9 and projected needs of the public education system population
10 as quickly as possible by building uniform, sound educational
11 environments and to provide a sound base for planning for
12 educational facilities needs.
13 (c)(d) To Provide proper legislative support for as
14 wide a range of fiscally sound financing methodologies as
15 possible for the delivery of educational facilities and, where
16 appropriate, for their construction, operation, and
17 maintenance.
18 (d) Establish a systematic process of sharing
19 information between school boards and local governments on the
20 growth and development trends in their communities in order to
21 forecast future enrollment and school needs.
22 (e) Establish a systematic process by which school
23 boards and local governments can cooperatively plan for the
24 provision of educational facilities to meet the current and
25 projected needs of the public education system, including the
26 needs placed on the public education system as a result of
27 growth and development decisions by local governments.
28 (f) Establish a systematic process by which local
29 governments and school boards can cooperatively identify and
30 meet the infrastructure needs of public schools.
31 (2) The Legislature finds and declares that:
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1 (a) Public schools are a linchpin to the vitality of
2 our communities and play a significant role in the thousands
3 of individual housing decisions that result in community
4 growth trends.
5 (b)(a) Growth and development issues transcend the
6 boundaries and responsibilities of individual units of
7 government, and often no single unit of government can plan or
8 implement policies to deal with these issues without affecting
9 other units of government.
10 (c)(b) The effective and efficient provision of public
11 educational facilities and services enhances is essential to
12 preserving and enhancing the quality of life of the people of
13 this state.
14 (d)(c) The provision of educational facilities often
15 impacts community infrastructure and services. Assuring
16 coordinated and cooperative provision of such facilities and
17 associated infrastructure and services is in the best interest
18 of the state.
19 Section 12. Section 235.15, Florida Statutes, is
20 amended to read:
21 235.15 Educational plant survey; localized need
22 assessment; PECO project funding.--
23 (1) At least every 5 years, each board, including the
24 Board of Regents, shall arrange for an educational plant
25 survey, to aid in formulating plans for housing the
26 educational program and student population, faculty,
27 administrators, staff, and auxiliary and ancillary services of
28 the district or campus, including consideration of the local
29 comprehensive plan. The Office Division of Workforce and
30 Economic Development shall document the need for additional
31 career and adult education programs and the continuation of
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1 existing programs before facility construction or renovation
2 related to career or adult education may be included in the
3 educational plant survey of a school district or community
4 college that delivers career or adult education programs.
5 Information used by the Office Division of Workforce and
6 Economic Development to establish facility needs must include,
7 but need not be limited to, labor market data, needs analysis,
8 and information submitted by the school district or community
9 college.
10 (a) Survey preparation and required data.--Each survey
11 shall be conducted by the board or an agency employed by the
12 board. Surveys shall be reviewed and approved by the board,
13 and a file copy shall be submitted to the Office of
14 Educational Facilities and SMART Schools Clearinghouse within
15 the Office of the Commissioner of Education. The survey report
16 shall include at least an inventory of existing educational
17 and ancillary plants, including safe access facilities;
18 recommendations for existing educational and ancillary plants;
19 recommendations for new educational or ancillary plants,
20 including the general location of each in coordination with
21 the land use plan and safe access facilities; campus master
22 plan update and detail for community colleges; the utilization
23 of school plants based on an extended school day or year-round
24 operation; and such other information as may be required by
25 the rules of the Florida State Board of Education. This report
26 may be amended, if conditions warrant, at the request of the
27 board or commissioner.
28 (b) Required need assessment criteria for district,
29 community college, college and state university plant
30 surveys.--Each Educational plant surveys survey completed
31 after December 31, 1997, must use uniform data sources and
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1 criteria specified in this paragraph. Each educational plant
2 survey completed after June 30, 1995, and before January 1,
3 1998, must be revised, if necessary, to comply with this
4 paragraph. Each revised educational plant survey and each new
5 educational plant survey supersedes previous surveys.
6 1. The school district's survey must be submitted as a
7 part of the district educational facilities plan defined in s.
8 235.185. Each school district's educational plant survey must
9 reflect the capacity of existing satisfactory facilities as
10 reported in the Florida Inventory of School Houses.
11 Projections of facility space needs may not exceed the norm
12 space and occupant design criteria established by the State
13 Requirements for Educational Facilities. Existing and
14 projected capital outlay full-time equivalent student
15 enrollment must be consistent with data prepared by the
16 department and must include all enrollment used in the
17 calculation of the distribution formula in s. 235.435(3). All
18 satisfactory relocatable classrooms, including those owned,
19 lease-purchased, or leased by the school district, shall be
20 included in the school district inventory of gross capacity of
21 facilities and must be counted at actual student capacity for
22 purposes of the inventory. For future needs determination,
23 student capacity shall not be assigned to any relocatable
24 classroom that is scheduled for elimination or replacement
25 with a permanent educational facility in the adopted 5-year
26 educational plant survey and in the district facilities work
27 program adopted under s. 235.185. Those relocatables clearly
28 identified and scheduled for replacement in a school board
29 adopted financially feasible 5-year district facilities work
30 program shall be counted at zero capacity at the time the work
31 program is adopted and approved by the school board. However,
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1 if the district facilities work program is changed or altered
2 and the relocatables are not replaced as scheduled in the work
3 program, they must then be reentered into the system for
4 counting at actual capacity. Relocatables may not be
5 perpetually added to the work program and continually extended
6 for purposes of circumventing the intent of this section. All
7 remaining relocatable classrooms, including those owned,
8 lease-purchased, or leased by the school district, shall be
9 counted at actual student capacity. The educational plant
10 survey shall identify the number of relocatable student
11 stations scheduled for replacement during the 5-year survey
12 period and the total dollar amount needed for that
13 replacement. All district educational plant surveys revised
14 after July 1, 1998, shall include information on leased space
15 used for conducting the district's instructional program, in
16 accordance with the recommendations of the department's report
17 authorized in s. 235.056. A definition of satisfactory
18 relocatable classrooms shall be established by rule of the
19 department.
20 2. Each survey of a special facility, joint-use
21 facility, or cooperative vocational education facility must be
22 based on capital outlay full-time equivalent student
23 enrollment data prepared by the department for school
24 districts, community colleges, colleges and universities by
25 the Division of Community Colleges for community colleges, and
26 by the Board of Regents for state universities. A survey of
27 space needs of a joint-use facility shall be based upon the
28 respective space needs of the school districts, community
29 colleges, colleges and universities, as appropriate.
30 Projections of a school district's facility space needs may
31 not exceed the norm space and occupant design criteria
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1 established by the State Requirements for Educational
2 Facilities.
3 3. Each community college's survey must reflect the
4 capacity of existing facilities as specified in the inventory
5 maintained by the Division of Community Colleges. Projections
6 of facility space needs must comply with standards for
7 determining space needs as specified by rule of the Florida
8 State Board of Education. The 5-year projection of capital
9 outlay student enrollment must be consistent with the annual
10 report of capital outlay full-time student enrollment prepared
11 by the Division of Community Colleges.
12 4. Each college and state university's survey must
13 reflect the capacity of existing facilities as specified in
14 the inventory maintained and validated by the Division of
15 Colleges and Universities Board of Regents. Projections of
16 facility space needs must be consistent with standards for
17 determining space needs approved by the Division of Colleges
18 and Universities Board of Regents. The projected capital
19 outlay full-time equivalent student enrollment must be
20 consistent with the 5-year planned enrollment cycle for the
21 State University System approved by the Division of Colleges
22 and Universities Board of Regents.
23 5. The district educational facilities plan
24 educational plant survey of a school district and the
25 educational plant survey of a, community college, or college
26 or state university may include space needs that deviate from
27 approved standards for determining space needs if the
28 deviation is justified by the district or institution and
29 approved by the department or the Board of Regents, as
30 appropriate, as necessary for the delivery of an approved
31 educational program.
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1 (c) Review and validation.--The Office of Educational
2 Facilities and SMART Schools Clearinghouse department shall
3 review and validate the surveys of school districts, and
4 community colleges, and colleges and universities, and any
5 amendments thereto for compliance with the requirements of
6 this chapter and, when required by the State Constitution,
7 shall recommend those in compliance for approval by the
8 Florida State Board of Education.
9 (2) Only the superintendent, or the college president,
10 or the university president shall certify to the Office of
11 Educational Facilities and SMART Schools Clearinghouse
12 department a project's compliance with the requirements for
13 expenditure of PECO funds prior to release of funds.
14 (a) Upon request for release of PECO funds for
15 planning purposes, certification must be made to the Office of
16 Educational Facilities and SMART Schools Clearinghouse
17 department that the need for and location of the facility are
18 in compliance with the board-approved survey recommendations,
19 and that the project meets the definition of a PECO project
20 and the limiting criteria for expenditures of PECO funding,
21 and that the plan is consistent with the local government
22 comprehensive plan.
23 (b) Upon request for release of construction funds,
24 certification must be made to the Office of Educational
25 Facilities and SMART Schools Clearinghouse department that the
26 need and location of the facility are in compliance with the
27 board-approved survey recommendations, that the project meets
28 the definition of a PECO project and the limiting criteria for
29 expenditures of PECO funding, and that the construction
30 documents meet the requirements of the Florida State Uniform
31
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1 Building Code for Educational Facilities Construction or other
2 applicable codes as authorized in this chapter.
3 Section 13. Subsection (3) of section 235.175, Florida
4 Statutes, is amended to read:
5 235.175 SMART schools; Classrooms First; legislative
6 purpose.--
7 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK
8 PROGRAMS.--It is the purpose of the Legislature to create s.
9 235.185, requiring each school district annually to adopt an
10 educational facilities plan that provides an integrated
11 long-range facilities plan, including the survey of projected
12 needs and the a district facilities 5-year work program. The
13 purpose of the educational facilities plan district facilities
14 work program is to keep the school board, local governments,
15 and the public fully informed as to whether the district is
16 using sound policies and practices that meet the essential
17 needs of students and that warrant public confidence in
18 district operations. The educational facilities plan district
19 facilities work program will be monitored by the Office of
20 Educational Facilities and SMART Schools Clearinghouse, which
21 will also apply performance standards pursuant to s. 235.218.
22 Section 14. Section 235.18, Florida Statutes, is
23 amended to read:
24 235.18 Annual capital outlay budget.--Each board,
25 including the Board of Regents, shall, each year, adopt a
26 capital outlay budget for the ensuing year in order that the
27 capital outlay needs of the board for the entire year may be
28 well understood by the public. This capital outlay budget
29 shall be a part of the annual budget and shall be based upon
30 and in harmony with the board's capital outlay plan
31 educational plant and ancillary facilities plan. This budget
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1 shall designate the proposed capital outlay expenditures by
2 project for the year from all fund sources. The board may not
3 expend any funds on any project not included in the budget, as
4 amended. Each district school board must prepare its tentative
5 district education facilities plan facilities work program as
6 required by s. 235.185 before adopting the capital outlay
7 budget.
8 Section 15. Section 235.185, Florida Statutes, is
9 amended to read:
10 235.185 School district educational facilities plan
11 work program; definitions; preparation, adoption, and
12 amendment; long-term work programs.--
13 (1) DEFINITIONS.--As used in this section, the term:
14 (a) "Adopted educational facilities plan" means the
15 comprehensive planning document that is adopted annually by
16 the district school board as provided in subsection (2) and
17 that contains the educational plant survey.
18 (a) "Adopted district facilities work program" means
19 the 5-year work program adopted by the district school board
20 as provided in subsection (3).
21 (b) "Tentative District facilities work program" means
22 the 5-year listing of capital outlay projects adopted by the
23 district school board as provided in subparagraph (2)(a)2. and
24 paragraph (2)(b) as part of the district educational
25 facilities plan, which is required in order to:
26 1. To Properly maintain the educational plant and
27 ancillary facilities of the district.
28 2. To Provide an adequate number of satisfactory
29 student stations for the projected student enrollment of the
30 district in K-12 programs in accordance with the goal in s.
31 235.062.
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1 (c) "Tentative educational facilities plan" means the
2 comprehensive planning document prepared annually by the
3 district school board and submitted to the Office of
4 Educational Facilities and SMART Schools Clearinghouse and the
5 affected general-purpose local governments.
6 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
7 FACILITIES PLAN WORK PROGRAM.--
8 (a) Annually, prior to the adoption of the district
9 school budget, each school board shall prepare a tentative
10 district educational facilities plan that includes long-range
11 planning for facilities needs over 5-year, 10-year, and
12 20-year periods. The plan must be developed in coordination
13 with the general-purpose local governments and be consistent
14 with the local government comprehensive plans. The school
15 board's plan for provision of new schools must meet the needs
16 of all growing communities in the district, ranging from small
17 rural communities to large urban cities. The plan must include
18 work program that includes:
19 1. Projected student populations apportioned
20 geographically at the local level. The projections must be
21 based on information produced by the demographic, revenue, and
22 education estimating conferences pursuant to s. 216.136, where
23 available, as modified by the district based on development
24 data and agreement with the local governments and the Office
25 of Educational Facilities and SMART Schools Clearinghouse. The
26 projections must be apportioned geographically with assistance
27 from the local governments using local development trend data
28 and the school district student enrollment data.
29 2. An inventory of existing school facilities. Any
30 anticipated expansions or closures of existing school sites
31 over the 5-year, 10-year, and 20-year periods must be
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1 identified. The inventory must include an assessment of areas
2 proximate to existing schools and identification of the need
3 for improvements to infrastructure, safety, including safe
4 access routes, and conditions in the community. The plan must
5 also provide a listing of major repairs and renovation
6 projects anticipated over the period of the plan.
7 3. Projections of facilities space needs, which may
8 not exceed the norm space and occupant design criteria
9 established in the State Requirements for Educational
10 Facilities.
11 4. Information on leased, loaned, and donated space
12 and relocatables used for conducting the district's
13 instructional programs.
14 5. The general location of public schools proposed to
15 be constructed over the 5-year, 10-year, and 20-year time
16 periods, including a listing of the proposed schools' site
17 acreage needs and anticipated capacity and maps showing the
18 general locations. The school board's identification of
19 general locations of future school sites must be based on the
20 school siting requirements of s. 163.3177(6)(a) and policies
21 in the comprehensive plan which provide guidance for
22 appropriate locations for school sites.
23 6. The identification of options deemed reasonable and
24 approved by the school board which reduce the need for
25 additional permanent student stations. Such options may
26 include, but need not be limited to:
27 a. Acceptable capacity;
28 b. Redistricting;
29 c. Busing;
30 d. Year-round schools; and
31 e. Charter schools.
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1 7. The criteria and method, jointly determined by the
2 local government and the school board, for determining the
3 impact of proposed development to public school capacity.
4 (b) The plan must also include a financially feasible
5 district facilities work program for a 5-year period. The work
6 program must include:
7 1. A schedule of major repair and renovation projects
8 necessary to maintain the educational facilities plant and
9 ancillary facilities of the district.
10 2. A schedule of capital outlay projects necessary to
11 ensure the availability of satisfactory student stations for
12 the projected student enrollment in K-12 programs. This
13 schedule shall consider:
14 a. The locations, capacities, and planned utilization
15 rates of current educational facilities of the district. The
16 capacity of existing satisfactory facilities, as reported in
17 the Florida Inventory of School Houses must be compared to the
18 capital outlay full-time-equivalent student enrollment as
19 determined by the department, including all enrollment used in
20 the calculation of the distribution formula in s. 235.435(3).
21 b. The proposed locations of planned facilities,
22 whether those locations are consistent with the comprehensive
23 plans of all affected local governments, and recommendations
24 for infrastructure and other improvements to land adjacent to
25 existing facilities. The provisions of ss. 235.19 and
26 235.193(4), (5), and (6) must be addressed for new facilities
27 planned within the first 3 years of the work plan, as
28 appropriate.
29 c. Plans for the use and location of relocatable
30 facilities, leased facilities, and charter school facilities.
31
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1 d. Plans for multitrack scheduling, grade level
2 organization, block scheduling, or other alternatives that
3 reduce the need for additional permanent student stations.
4 e. Information concerning average class size and
5 utilization rate by grade level within the district which that
6 will result if the tentative district facilities work program
7 is fully implemented. The average shall not include
8 exceptional student education classes or prekindergarten
9 classes.
10 f. The number and percentage of district students
11 planned to be educated in relocatable facilities during each
12 year of the tentative district facilities work program. For
13 determining future needs, student capacity may not be assigned
14 to any relocatable classroom that is scheduled for elimination
15 or replacement with a permanent educational facility in the
16 current year of the adopted district educational facilities
17 plan and in the district facilities work program adopted under
18 this section. Those relocatable classrooms clearly identified
19 and scheduled for replacement in a school-board-adopted,
20 financially feasible, 5-year district facilities work program
21 shall be counted at zero capacity at the time the work program
22 is adopted and approved by the school board. However, if the
23 district facilities work program is changed and the
24 relocatable classrooms are not replaced as scheduled in the
25 work program, the classrooms must be reentered into the system
26 and be counted at actual capacity. Relocatable classrooms may
27 not be perpetually added to the work program or continually
28 extended for purposes of circumventing this section. All
29 relocatable classrooms not identified and scheduled for
30 replacement, including those owned, lease-purchased, or leased
31 by the school district, must be counted at actual student
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1 capacity. The district educational facilities plan must
2 identify the number of relocatable student stations scheduled
3 for replacement during the 5-year survey period and the total
4 dollar amount needed for that replacement.
5 g. Plans for the closure of any school, including
6 plans for disposition of the facility or usage of facility
7 space, and anticipated revenues.
8 h. Projects for which capital outlay and debt service
9 funds accruing under s. 9(d), Art. XII of the State
10 Constitution are to be used shall be identified separately in
11 priority order on a project priority list within the district
12 facilities work program.
13 3. The projected cost for each project identified in
14 the tentative district facilities work program. For proposed
15 projects for new student stations, a schedule shall be
16 prepared comparing the planned cost and square footage for
17 each new student station, by elementary, middle, and high
18 school levels, to the low, average, and high cost of
19 facilities constructed throughout the state during the most
20 recent fiscal year for which data is available from the
21 Department of Education.
22 4. A schedule of estimated capital outlay revenues
23 from each currently approved source which is estimated to be
24 available for expenditure on the projects included in the
25 tentative district facilities work program.
26 5. A schedule indicating which projects included in
27 the tentative district facilities work program will be funded
28 from current revenues projected in subparagraph 4.
29 6. A schedule of options for the generation of
30 additional revenues by the district for expenditure on
31 projects identified in the tentative district facilities work
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1 program which are not funded under subparagraph 5. Additional
2 anticipated revenues may include effort index grants, SIT
3 Program awards, and Classrooms First funds.
4 (c)(b) To the extent available, the tentative district
5 educational facilities plan work program shall be based on
6 information produced by the demographic, revenue, and
7 education estimating conferences pursuant to s. 216.136.
8 (d)(c) Provision shall be made for public comment
9 concerning the tentative district educational facilities plan
10 work program.
11 (e) The district school board shall coordinate with
12 each affected local government to ensure consistency between
13 the tentative district educational facilities plan and the
14 local government comprehensive plans of the affected local
15 governments during the development of the tentative district
16 educational facilities plan.
17 (f) Commencing on October 1, 2002, and not less than
18 once every 5 years thereafter, the district school board shall
19 contract with a qualified, independent third party to conduct
20 a financial management and performance audit of the
21 educational planning and construction activities of the
22 district. An audit conducted by the Auditor General satisfies
23 this requirement.
24 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
25 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school
26 board shall submit a copy of its tentative district
27 educational facilities plan to all affected local governments
28 prior to adoption by the board. The affected local governments
29 shall review the tentative district educational facilities
30 plan and comment to the district school board on the
31 consistency of the plan with the local comprehensive plan,
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1 whether a comprehensive plan amendment will be necessary for
2 any proposed educational facility, and whether the local
3 government supports a necessary comprehensive plan amendment.
4 If the local government does not support a comprehensive plan
5 amendment for a proposed educational facility, the matter
6 shall be resolved pursuant to the interlocal agreement
7 required by ss. 163.3177(6)(h) and 235.193(2). The process for
8 the submittal and review shall be detailed in the interlocal
9 agreement required pursuant to ss. 163.3177(6)(h) and
10 235.193(2).
11 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN
12 WORK PROGRAM.--Annually, the district school board shall
13 consider and adopt the tentative district educational
14 facilities plan work program completed pursuant to subsection
15 (2). Upon giving proper public notice to the public and local
16 governments and opportunity for public comment, the district
17 school board may amend the plan program to revise the priority
18 of projects, to add or delete projects, to reflect the impact
19 of change orders, or to reflect the approval of new revenue
20 sources which may become available. The adopted district
21 educational facilities plan work program shall:
22 (a) Be a complete, balanced, and financially feasible
23 capital outlay financial plan for the district.
24 (b) Set forth the proposed commitments and planned
25 expenditures of the district to address the educational
26 facilities needs of its students and to adequately provide for
27 the maintenance of the educational plant and ancillary
28 facilities, including safe access ways from neighborhoods to
29 schools.
30 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL
31 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted
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1 district educational facilities plan work program shall
2 constitute the capital outlay budget required in s. 235.18.
3 The adopted district educational facilities plan work program
4 shall include the information required in subparagraphs
5 (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects
6 actually funded in the plan program.
7 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to
8 the adopted district facilities work program covering the
9 5-year work program, the district school board shall adopt
10 annually a 10-year and a 20-year work program which include
11 the information set forth in subsection (2), but based upon
12 enrollment projections and facility needs for the 10-year and
13 20-year periods. It is recognized that the projections in the
14 10-year and 20-year timeframes are tentative and should be
15 used only for general planning purposes.
16 Section 16. Section 235.188, Florida Statutes, is
17 amended to read:
18 235.188 Full bonding required to participate in
19 programs.--Any district with unused bonding capacity in its
20 Capital Outlay and Debt Service Trust Fund allocation that
21 certifies in its district educational facilities plan work
22 program that it will not be able to meet all of its need for
23 new student stations within existing revenues must fully bond
24 its Capital Outlay and Debt Service Trust Fund allocation
25 before it may participate in Classrooms First, the School
26 Infrastructure Thrift (SIT) Program, or the Effort Index
27 Grants Program.
28 Section 17. Section 235.19, Florida Statutes, is
29 amended to read:
30 235.19 Site planning and selection.--
31
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1 (1) Before acquiring property for sites, each board
2 shall determine the location of proposed educational centers
3 or campuses for the board. In making this determination, the
4 board shall consider existing and anticipated site needs and
5 the most economical and practicable locations of sites. The
6 board shall coordinate with the long-range or comprehensive
7 plans of local, regional, and state governmental agencies to
8 assure the consistency compatibility of such plans with site
9 planning. Boards are encouraged to locate district educational
10 facilities schools proximate to urban residential areas to the
11 extent possible, and shall seek to collocate district
12 educational facilities schools with other public facilities,
13 such as parks, libraries, and community centers, to the extent
14 possible, and to encourage using elementary schools as focal
15 points for neighborhoods.
16 (2) Each new site selected must be adequate in size to
17 meet the educational needs of the students to be served on
18 that site by the original educational facility or future
19 expansions of the facility through renovation or the addition
20 of relocatables. The Commissioner of Education shall prescribe
21 by rule recommended sizes for new sites according to
22 categories of students to be housed and other appropriate
23 factors determined by the commissioner. Less-than-recommended
24 site sizes are allowed if the board, by a two-thirds majority,
25 recommends such a site and finds that it can provide an
26 appropriate and equitable educational program on the site.
27 (3) Sites recommended for purchase, or purchased, in
28 accordance with chapter 230 or chapter 240 must meet standards
29 prescribed therein and such supplementary standards as the
30 school board commissioner prescribes to promote the
31 educational interests of the students. Each site must be well
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1 drained and suitable for outdoor educational purposes as
2 appropriate for the educational program or collocated with
3 facilities to serve this purpose. As provided in s. 333.03,
4 the site must not be located within any path of flight
5 approach of any airport. Insofar as is practicable, the site
6 must not adjoin a right-of-way of any railroad or through
7 highway and must not be adjacent to any factory or other
8 property from which noise, odors, or other disturbances, or at
9 which conditions, would be likely to interfere with the
10 educational program. To the extent practicable, sites must be
11 chosen which will provide safe access from neighborhoods to
12 schools.
13 (4) It shall be the responsibility of the board to
14 provide adequate notice to appropriate municipal, county,
15 regional, and state governmental agencies for requested
16 traffic control and safety devices so they can be installed
17 and operating prior to the first day of classes or to satisfy
18 itself that every reasonable effort has been made in
19 sufficient time to secure the installation and operation of
20 such necessary devices prior to the first day of classes. It
21 shall also be the responsibility of the board to review
22 annually traffic control and safety device needs and to
23 request all necessary changes indicated by such review.
24 (5) Each board may request county and municipal
25 governments to construct and maintain sidewalks and bicycle
26 trails within a 2-mile radius of each educational facility
27 within the jurisdiction of the local government. When a board
28 discovers or is aware of an existing hazard on or near a
29 public sidewalk, street, or highway within a 2-mile radius of
30 a school site and the hazard endangers the life or threatens
31 the health or safety of students who walk, ride bicycles, or
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1 are transported regularly between their homes and the school
2 in which they are enrolled, the board shall, within 24 hours
3 after discovering or becoming aware of the hazard, excluding
4 Saturdays, Sundays, and legal holidays, report such hazard to
5 the governmental entity within the jurisdiction of which the
6 hazard is located. Within 5 days after receiving notification
7 by the board, excluding Saturdays, Sundays, and legal
8 holidays, the governmental entity shall investigate the
9 hazardous condition and either correct it or provide such
10 precautions as are practicable to safeguard students until the
11 hazard can be permanently corrected. However, if the
12 governmental entity that has jurisdiction determines upon
13 investigation that it is impracticable to correct the hazard,
14 or if the entity determines that the reported condition does
15 not endanger the life or threaten the health or safety of
16 students, the entity shall, within 5 days after notification
17 by the board, excluding Saturdays, Sundays, and legal
18 holidays, inform the board in writing of its reasons for not
19 correcting the condition. The governmental entity, to the
20 extent allowed by law, shall indemnify the board from any
21 liability with respect to accidents or injuries, if any,
22 arising out of the hazardous condition.
23 (6) If the school board and local government have
24 entered into an interlocal agreement pursuant to ss.
25 163.3177(6)(h)4. and 235.193(2) and have developed a process
26 to ensure consistency between the local government
27 comprehensive plan and the school district educational
28 facilities plan, site planning and selection must be
29 consistent with the interlocal agreements and the plans.
30 Section 18. Section 235.193, Florida Statutes, is
31 amended to read:
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1 235.193 Coordination of planning with local governing
2 bodies.--
3 (1) It is the policy of this state to require the
4 coordination of planning between boards and local governing
5 bodies to ensure that plans for the construction and opening
6 of public educational facilities are facilitated and
7 coordinated in time and place with plans for residential
8 development, concurrently with other necessary services. Such
9 planning shall include the integration of the educational
10 facilities plan plant survey and applicable policies and
11 procedures of a board with the local comprehensive plan and
12 land development regulations of local governments governing
13 bodies. The planning must include the consideration of
14 allowing students to attend the school located nearest their
15 homes when a new housing development is constructed near a
16 county boundary and it is more feasible to transport the
17 students a short distance to an existing facility in an
18 adjacent county than to construct a new facility or transport
19 students longer distances in their county of residence. The
20 planning must also consider the effects of the location of
21 public education facilities, including the feasibility of
22 keeping central city facilities viable, in order to encourage
23 central city redevelopment and the efficient use of
24 infrastructure and to discourage uncontrolled urban sprawl. In
25 addition, all parties to the planning process must consult
26 with state and local road departments to assist in
27 implementing the Safe Paths to Schools program administered by
28 the Department of Transportation.
29 (2) When a county and nonexempt municipalities elect
30 to adopt an educational facilities element pursuant to s.
31 163.31776, and adopt an interlocal agreement pursuant to s.
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1 163.3177(6)(h)4., the school board, county, and nonexempt
2 municipalities shall enter into an interlocal agreement that
3 establishes a process for developing a coordinated and
4 consistent local government public educational facilities
5 element and a district educational facilities plan. The
6 interlocal agreement must include:
7 (a) A description of how the coordination will be
8 achieved between local governments and the school board of a
9 uniform countywide school facility planning system based on
10 the local government's educational facilities element and the
11 school district's educational facility plan.
12 (b) A process for determining and using uniform
13 projections of the amount, type, and distribution of
14 population growth and student enrollment.
15 (c) A description of how the local governments and the
16 school board will share information on existing and planned
17 educational facilities and local government plans for
18 development and redevelopment.
19 (d) A process for the coordination of school siting
20 decisions between the local governments and the school board
21 which provides for the early involvement of the local
22 government in the identification of potential sites by the
23 school board and which includes criteria applied by the local
24 government to a school board's request for a comprehensive
25 plan amendment.
26 (e) A process for school district participation in the
27 review of comprehensive plan amendments and rezonings that
28 increase residential density and that are reasonably expected
29 to have an impact on public school facility demand which
30 includes:
31
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1 1. The methodology and criteria for determining
2 whether school facility capacity will be available at the time
3 of projected demand;
4 2. Uniform, district-wide level-of-service standards
5 for all public schools of the same type;
6 3. The adoption of capacity-determination
7 methodologies, including student generation multipliers, into
8 the local government's public educational facilities element
9 and the school board's educational facilities plan; and
10 4. A methodology for determining proportionate share
11 mitigation.
12 (f) A dispute resolution process.
13 (3)(2) A school board and the local governing body
14 must share and coordinate information related to existing and
15 planned public school facilities; proposals for development,
16 redevelopment, or additional development; and infrastructure
17 required to support the public school facilities, concurrent
18 with proposed development. A school board shall use
19 information produced by the demographic, revenue, and
20 education estimating conferences pursuant to s. 216.136
21 Department of Education enrollment projections when preparing
22 the 5-year district educational facilities plan work program
23 pursuant to s. 235.185, as modified and agreed to by the local
24 governments, when provided by interlocal agreement, and the
25 Office of Educational Facilities and SMART Schools
26 Clearinghouse, in and a school board shall affirmatively
27 demonstrate in the educational facilities report consideration
28 of local governments' population projections, to ensure that
29 the district educational facilities plan 5-year work program
30 not only reflects enrollment projections but also considers
31 applicable municipal and county growth and development
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1 projections. The projections must be apportioned
2 geographically with assistance from the local governments
3 using local government trend data and the school district
4 student enrollment data. A school board is precluded from
5 siting a new school in a jurisdiction where the school board
6 has failed to provide the annual educational facilities plan
7 report for the prior year required pursuant to s. 235.185 s.
8 235.194 unless the failure is corrected.
9 (4)(3) The location of public educational facilities
10 shall be consistent with the comprehensive plan of the
11 appropriate local governing body developed under part II of
12 chapter 163 and consistent with the plan's implementing land
13 development regulations, to the extent that the regulations
14 are not in conflict with or the subject regulated is not
15 specifically addressed by this chapter or the State Uniform
16 Building Code, unless mutually agreed by the local government
17 and the board.
18 (5)(4) To improve coordination relative to potential
19 educational facility sites, a board shall provide written
20 notice to the local government that has regulatory authority
21 over the use of the land at least 120 60 days prior to
22 acquiring or leasing property that may be used for a new
23 public educational facility. The local government, upon
24 receipt of this notice, shall notify the board within 45 days
25 if the site proposed for acquisition or lease is consistent
26 with the land use categories and policies of the local
27 government's comprehensive plan. This preliminary notice does
28 not constitute the local government's determination of
29 consistency pursuant to subsection (6) (5).
30 (6)(5) As early in the design phase as feasible, but
31 at least before commencing construction of a new public
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1 educational facility, the local governing body that regulates
2 the use of land shall determine, in writing within 90 days
3 after receiving the necessary information and a school board's
4 request for a determination, whether a proposed public
5 educational facility is consistent with the local
6 comprehensive plan and consistent with local land development
7 regulations, to the extent that the regulations are not in
8 conflict with or the subject regulated is not specifically
9 addressed by this chapter or the Florida State Uniform
10 Building Code, unless mutually agreed. If the determination is
11 affirmative, school construction may proceed and further local
12 government approvals are not required, except as provided in
13 this section. Failure of the local governing body to make a
14 determination in writing within 90 days after a school board's
15 request for a determination of consistency shall be considered
16 an approval of the school board's application.
17 (7)(6) A local governing body may not deny the site
18 applicant based on adequacy of the site plan as it relates
19 solely to the needs of the school. If the site is consistent
20 with the comprehensive plan's future land use policies and
21 categories in which public schools are identified as allowable
22 uses, the local government may not deny the application but it
23 may impose reasonable development standards and conditions in
24 accordance with s. 235.34(1) and consider the site plan and
25 its adequacy as it relates to environmental concerns, health,
26 safety and welfare, and effects on adjacent property.
27 Standards and conditions may not be imposed which conflict
28 with those established in this chapter or the Florida State
29 Uniform Building Code, unless mutually agreed.
30 (8)(7) This section does not prohibit a local
31 governing body and district school board from agreeing and
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1 establishing an alternative process for reviewing a proposed
2 educational facility and site plan, and offsite impacts,
3 pursuant to an interlocal agreement adopted in accordance with
4 this section.
5 (9)(8) Existing schools shall be considered consistent
6 with the applicable local government comprehensive plan
7 adopted under part II of chapter 163. The collocation of a new
8 proposed public educational facility with an existing public
9 educational facility, or the expansion of an existing public
10 educational facility is not inconsistent with the local
11 comprehensive plan, if the site is consistent with the
12 comprehensive plan's future land use policies and categories
13 in which public schools are identified as allowable uses, and
14 levels of service adopted by the local government for any
15 facilities affected by the proposed location for the new
16 facility are maintained. If a board submits an application to
17 expand an existing school site, the local governing body may
18 impose reasonable development standards and conditions on the
19 expansion only, and in a manner consistent with s. 235.34(1).
20 Standards and conditions may not be imposed which conflict
21 with those established in this chapter or the Florida State
22 Uniform Building Code, unless mutually agreed. Local
23 government review or approval is not required for:
24 (a) The placement of temporary or portable classroom
25 facilities; or
26 (b) Proposed renovation or construction on existing
27 school sites, with the exception of construction that changes
28 the primary use of a facility, includes stadiums, or results
29 in a greater than 5 percent increase in student capacity, or
30 as mutually agreed.
31
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1 Section 19. Section 235.194, Florida Statutes, is
2 repealed.
3 Section 20. Section 235.218, Florida Statutes, is
4 amended to read:
5 235.218 School district educational facilities plan
6 work program performance and productivity standards;
7 development; measurement; application.--
8 (1) The Office of Educational Facilities and SMART
9 Schools Clearinghouse shall develop and adopt measures for
10 evaluating the performance and productivity of school district
11 educational facilities plans work programs. The measures may
12 be both quantitative and qualitative and must, to the maximum
13 extent practical, assess those factors that are within the
14 districts' control. The measures must, at a minimum, assess
15 performance in the following areas:
16 (a) Frugal production of high-quality projects.
17 (b) Efficient finance and administration.
18 (c) Optimal school and classroom size and utilization
19 rate.
20 (d) Safety.
21 (e) Core facility space needs and cost-effective
22 capacity improvements that consider demographic projections.
23 (f) Level of district local effort.
24 (2) The office clearinghouse shall establish annual
25 performance objectives and standards that can be used to
26 evaluate district performance and productivity.
27 (3) The office clearinghouse shall conduct ongoing
28 evaluations of district educational facilities program
29 performance and productivity, using the measures adopted under
30 this section. If, using these measures, the office
31 clearinghouse finds that a district failed to perform
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1 satisfactorily, the office clearinghouse must recommend to the
2 district school board actions to be taken to improve the
3 district's performance.
4 Section 21. Paragraph (c) of subsection (2) of section
5 235.2197, Florida Statutes, is amended to read:
6 235.2197 Florida Frugal Schools Program.--
7 (2) The "Florida Frugal Schools Program" is created to
8 recognize publicly each district school board that agrees to
9 build frugal yet functional educational facilities and that
10 implements "best financial management practices" when
11 planning, constructing, and operating educational facilities.
12 The Florida State Board of Education shall recognize a
13 district school board as having a Florida Frugal Schools
14 Program if the district requests recognition and satisfies two
15 or more of the following criteria:
16 (c) The district school board submits a plan to the
17 Commissioner of Education certifying how the revenues
18 generated by the levy of the capital outlay sales surtax
19 authorized by s. 212.055(6) will be spent. The plan must
20 include at least the following assurances about the use of the
21 proceeds of the surtax and any accrued interest:
22 1. The district school board will use the surtax and
23 accrued interest only for the fixed capital outlay purposes
24 identified by s. 212.055(6)(d) which will reduce school
25 overcrowding that has been validated by the Department of
26 Education, or for the repayment of bonded indebtedness related
27 to such capital outlay purposes.
28 2. The district school board will not spend the surtax
29 or accrued interest to pay for operational expenses or for the
30 construction, renovation, or remodeling of any administrative
31 building or any other ancillary facility that is not directly
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1 related to the instruction, feeding, or transportation of
2 students enrolled in the public schools.
3 3. The district school board's use of the surtax and
4 accrued interest will be consistent with the best financial
5 management practices identified and approved under s.
6 230.23025.
7 4. The district school board will apply the
8 educational facilities contracting and construction techniques
9 authorized by s. 235.211 or other construction management
10 techniques to reduce the cost of educational facilities.
11 5. The district school board will discontinue the
12 surtax levy when the district has provided the
13 survey-recommended educational facilities that were determined
14 to be necessary to relieve school overcrowding; when the
15 district has satisfied any bonded indebtedness incurred for
16 such educational facilities; or when the district's other
17 sources of capital outlay funds are sufficient to provide such
18 educational facilities, whichever occurs first.
19 6. The district school board will use any excess
20 surtax collections or accrued interest to reduce the
21 discretionary outlay millage levied under s. 236.25(2).
22 Section 22. Section 235.321, Florida Statutes, is
23 amended to read:
24 235.321 Changes in construction requirements after
25 award of contract.--The board may, at its option and by
26 written policy duly adopted and entered in its official
27 minutes, authorize the superintendent or president or other
28 designated individual to approve change orders in the name of
29 the board for preestablished amounts. Approvals shall be for
30 the purpose of expediting the work in progress and shall be
31 reported to the board and entered in its official minutes. For
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1 accountability, the school district shall monitor and report
2 the impact of change orders on its district educational
3 facilities plan work program pursuant to s. 235.185.
4 Section 23. Paragraph (d) of subsection (5) of section
5 236.25, Florida Statutes, is amended to read:
6 236.25 District school tax.--
7 (5)
8 (d) Notwithstanding any other provision of this
9 subsection, if through its adopted educational facilities plan
10 work program a district has clearly identified the need for an
11 ancillary plant, has provided opportunity for public input as
12 to the relative value of the ancillary plant versus an
13 educational plant, and has obtained public approval, the
14 district may use revenue generated by the millage levy
15 authorized by subsection (2) for the acquisition,
16 construction, renovation, remodeling, maintenance, or repair
17 of an ancillary plant.
18
19 A district that violates these expenditure restrictions shall
20 have an equal dollar reduction in funds appropriated to the
21 district under s. 236.081 in the fiscal year following the
22 audit citation. The expenditure restrictions do not apply to
23 any school district that certifies to the Commissioner of
24 Education that all of the district's instructional space needs
25 for the next 5 years can be met from capital outlay sources
26 that the district reasonably expects to receive during the
27 next 5 years or from alternative scheduling or construction,
28 leasing, rezoning, or technological methodologies that exhibit
29 sound management.
30
31
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1 Section 24. Subsection (12), paragraph (c) of
2 subsection (15) and subsections (18) and (19) of section
3 380.06, Florida Statutes, are amended to read:
4 380.06 Developments of regional impact.--
5 (12) REGIONAL REPORTS.--
6 (a) Within 50 days after receipt of the notice of
7 public hearing required in paragraph (11)(c), the regional
8 planning agency, if one has been designated for the area
9 including the local government, shall prepare and submit to
10 the local government a report and recommendations on the
11 regional impact of the proposed development. In preparing its
12 report and recommendations, the regional planning agency shall
13 identify regional issues based upon the following review
14 criteria and make recommendations to the local government on
15 these regional issues, specifically considering whether, and
16 the extent to which:
17 1. The development will have a favorable or
18 unfavorable impact on state or regional resources or
19 facilities identified in the applicable state or regional
20 plans. For the purposes of this subsection, "applicable state
21 plan" means the state comprehensive plan. For the purposes of
22 this subsection, "applicable regional plan" means an adopted
23 comprehensive regional policy plan until the adoption of a
24 strategic regional policy plan pursuant to s. 186.508, and
25 thereafter means an adopted strategic regional policy plan.
26 2. The development will significantly impact adjacent
27 jurisdictions. At the request of the appropriate local
28 government, regional planning agencies may also review and
29 comment upon issues that affect only the requesting local
30 government.
31
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1 3. As one of the issues considered in the review in
2 subparagraphs 1. and 2., the development will favorably or
3 adversely affect the ability of people to find adequate
4 housing reasonably accessible to their places of employment.
5 The determination should take into account information on
6 factors that are relevant to the availability of reasonably
7 accessible adequate housing. Adequate housing means housing
8 that is available for occupancy and that is not substandard.
9 (b) At the request of the regional planning agency,
10 other appropriate agencies shall review the proposed
11 development and shall prepare reports and recommendations on
12 issues that are clearly within the jurisdiction of those
13 agencies. Such agency reports shall become part of the
14 regional planning agency report; however, the regional
15 planning agency may attach dissenting views. When water
16 management district and Department of Environmental Protection
17 permits have been issued pursuant to chapter 373 or chapter
18 403, the regional planning council may comment on the regional
19 implications of the permits but may not offer conflicting
20 recommendations.
21 (c) The regional planning agency shall afford the
22 developer or any substantially affected party reasonable
23 opportunity to present evidence to the regional planning
24 agency head relating to the proposed regional agency report
25 and recommendations.
26 (d) When the location of a proposed development
27 involves land within the boundaries of multiple regional
28 planning councils, the state land planning agency shall
29 designate a lead regional planning council. The lead regional
30 planning council shall prepare the regional report.
31 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
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1 (c) The development order shall include findings of
2 fact and conclusions of law consistent with subsections (13)
3 and (14). The development order:
4 1. Shall specify the monitoring procedures and the
5 local official responsible for assuring compliance by the
6 developer with the development order.
7 2. Shall establish compliance dates for the
8 development order, including a deadline for commencing
9 physical development and for compliance with conditions of
10 approval or phasing requirements, and shall include a
11 termination date that reasonably reflects the time required to
12 complete the development.
13 3. Shall establish a date until which the local
14 government agrees that the approved development of regional
15 impact shall not be subject to downzoning, unit density
16 reduction, or intensity reduction, unless the local government
17 can demonstrate that substantial changes in the conditions
18 underlying the approval of the development order have occurred
19 or the development order was based on substantially inaccurate
20 information provided by the developer or that the change is
21 clearly established by local government to be essential to the
22 public health, safety, or welfare.
23 4. Shall specify the requirements for the biennial
24 annual report designated under subsection (18), including the
25 date of submission, parties to whom the report is submitted,
26 and contents of the report, based upon the rules adopted by
27 the state land planning agency. Such rules shall specify the
28 scope of any additional local requirements that may be
29 necessary for the report.
30
31
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1 5. May specify the types of changes to the development
2 which shall require submission for a substantial deviation
3 determination under subsection (19).
4 6. Shall include a legal description of the property.
5 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
6 submit a biennial an annual report on the development of
7 regional impact to the local government, the regional planning
8 agency, the state land planning agency, and all affected
9 permit agencies in alternate years on the date specified in
10 the development order, unless the development order by its
11 terms requires more frequent monitoring. If the biennial
12 annual report is not received, the regional planning agency or
13 the state land planning agency shall notify the local
14 government. If the local government does not receive the
15 biennial annual report or receives notification that the
16 regional planning agency or the state land planning agency has
17 not received the report, the local government shall request in
18 writing that the developer submit the report within 30 days.
19 The failure to submit the report after 30 days shall result in
20 the temporary suspension of the development order by the local
21 government. If no additional development pursuant to the
22 development order has occurred since the submission of the
23 previous report, a letter from the developer stating that no
24 development has occurred satisfies the requirement for a
25 report. Development orders that require annual reports may be
26 amended to require biennial reports at the option of the local
27 government.
28 (19) SUBSTANTIAL DEVIATIONS.--
29 (a) Any proposed change to a previously approved
30 development which creates a reasonable likelihood of
31 additional regional impact, or any type of regional impact
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1 created by the change not previously reviewed by the regional
2 planning agency, shall constitute a substantial deviation and
3 shall cause the development to be subject to further
4 development-of-regional-impact review. There are a variety of
5 reasons why a developer may wish to propose changes to an
6 approved development of regional impact, including changed
7 market conditions. The procedures set forth in this
8 subsection are for that purpose.
9 (b) Any proposed change to a previously approved
10 development of regional impact or development order condition
11 which, either individually or cumulatively with other changes,
12 exceeds any of the following criteria shall constitute a
13 substantial deviation and shall cause the development to be
14 subject to further development-of-regional-impact review
15 without the necessity for a finding of same by the local
16 government:
17 1. An increase in the number of parking spaces at an
18 attraction or recreational facility by 5 percent or 300
19 spaces, whichever is greater, or an increase in the number of
20 spectators that may be accommodated at such a facility by 5
21 percent or 1,000 spectators, whichever is greater.
22 2. A new runway, a new terminal facility, a 25-percent
23 lengthening of an existing runway, or a 25-percent increase in
24 the number of gates of an existing terminal, but only if the
25 increase adds at least three additional gates. However, if an
26 airport is located in two counties, a 10-percent lengthening
27 of an existing runway or a 20-percent increase in the number
28 of gates of an existing terminal is the applicable criteria.
29 3. An increase in the number of hospital beds by 5
30 percent or 60 beds, whichever is greater.
31
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1 4. An increase in industrial development area by 5
2 percent or 32 acres, whichever is greater.
3 5. An increase in the average annual acreage mined by
4 5 percent or 10 acres, whichever is greater, or an increase in
5 the average daily water consumption by a mining operation by 5
6 percent or 300,000 gallons, whichever is greater. An increase
7 in the size of the mine by 5 percent or 750 acres, whichever
8 is less.
9 6. An increase in land area for office development by
10 5 percent or 6 acres, whichever is greater, or an increase of
11 gross floor area of office development by 5 percent or 60,000
12 gross square feet, whichever is greater.
13 7. An increase in the storage capacity for chemical or
14 petroleum storage facilities by 5 percent, 20,000 barrels, or
15 7 million pounds, whichever is greater.
16 8. An increase of development at a waterport of wet
17 storage for 20 watercraft, dry storage for 30 watercraft, or
18 wet/dry storage for 60 watercraft in an area identified in the
19 state marina siting plan as an appropriate site for additional
20 waterport development or a 5-percent increase in watercraft
21 storage capacity, whichever is greater.
22 9. An increase in the number of dwelling units by 5
23 percent or 50 dwelling units, whichever is greater.
24 10. An increase in commercial development by 6 acres
25 of land area or by 50,000 square feet of gross floor area, or
26 of parking spaces provided for customers for 300 cars or a
27 5-percent increase of either any of these, whichever is
28 greater.
29 11. An increase in hotel or motel facility units by 5
30 percent or 75 units, whichever is greater.
31
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1 12. An increase in a recreational vehicle park area by
2 5 percent or 100 vehicle spaces, whichever is less.
3 13. A decrease in the area set aside for open space of
4 5 percent or 20 acres, whichever is less.
5 14. A proposed increase to an approved multiuse
6 development of regional impact where the sum of the increases
7 of each land use as a percentage of the applicable substantial
8 deviation criteria is equal to or exceeds 100 percent. The
9 percentage of any decrease in the amount of open space shall
10 be treated as an increase for purposes of determining when 100
11 percent has been reached or exceeded.
12 15. A 15-percent increase in the number of external
13 vehicle trips generated by the development above that which
14 was projected during the original
15 development-of-regional-impact review.
16 16. Any change which would result in development of
17 any area which was specifically set aside in the application
18 for development approval or in the development order for
19 preservation or special protection of endangered or threatened
20 plants or animals designated as endangered, threatened, or
21 species of special concern and their habitat, primary dunes,
22 or archaeological and historical sites designated as
23 significant by the Division of Historical Resources of the
24 Department of State. The further refinement of such areas by
25 survey shall be considered under sub-subparagraph (e)5.b.
26
27 The substantial deviation numerical standards in subparagraphs
28 4., 6., 10., 14., excluding residential uses, and 15., are
29 increased by 100 percent for a project certified under s.
30 403.973 which creates jobs and meets criteria established by
31 the Office of Tourism, Trade, and Economic Development as to
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1 its impact on an area's economy, employment, and prevailing
2 wage and skill levels. The substantial deviation numerical
3 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
4 increased by 50 percent for a project located wholly within an
5 urban infill and redevelopment area designated on the
6 applicable adopted local comprehensive plan future land use
7 map and not located within the coastal high hazard area.
8 (c) An extension of the date of buildout of a
9 development, or any phase thereof, by 7 or more years shall be
10 presumed to create a substantial deviation subject to further
11 development-of-regional-impact review. An extension of the
12 date of buildout, or any phase thereof, of 5 years or more but
13 less than 7 years shall be presumed not to create a
14 substantial deviation. These presumptions may be rebutted by
15 clear and convincing evidence at the public hearing held by
16 the local government. An extension of less than 5 years is
17 not a substantial deviation. For the purpose of calculating
18 when a buildout, phase, or termination date has been exceeded,
19 the time shall be tolled during the pendency of administrative
20 or judicial proceedings relating to development permits. Any
21 extension of the buildout date of a project or a phase thereof
22 shall automatically extend the commencement date of the
23 project, the termination date of the development order, the
24 expiration date of the development of regional impact, and the
25 phases thereof by a like period of time.
26 (d) A change in the plan of development of an approved
27 development of regional impact resulting from requirements
28 imposed by the Department of Environmental Protection or any
29 water management district created by s. 373.069 or any of
30 their successor agencies or by any appropriate federal
31 regulatory agency shall be submitted to the local government
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1 pursuant to this subsection. The change shall be presumed not
2 to create a substantial deviation subject to further
3 development-of-regional-impact review. The presumption may be
4 rebutted by clear and convincing evidence at the public
5 hearing held by the local government.
6 (e)1. A proposed change which, either individually or,
7 if there were previous changes, cumulatively with those
8 changes, is equal to or exceeds 40 percent of any numerical
9 criterion in subparagraphs (b)1.-15., but which does not
10 exceed such criterion, shall be presumed not to create a
11 substantial deviation subject to further
12 development-of-regional-impact review. The presumption may be
13 rebutted by clear and convincing evidence at the public
14 hearing held by the local government pursuant to subparagraph
15 (f)5.
16 2. Except for a development order rendered pursuant to
17 subsection (22) or subsection (25), a proposed change to a
18 development order that individually or cumulatively with any
19 previous change is less than 40 percent of any numerical
20 criterion contained in subparagraphs (b)1.-15. and does not
21 exceed any other criterion, or that involves an extension of
22 the buildout date of a development, or any phase thereof, of
23 less than 5 years is not a substantial deviation, is not
24 subject to the public hearing requirements of subparagraph
25 (f)3., and is not subject to a determination pursuant to
26 subparagraph (f)5. Notice of the proposed change shall be
27 made to the regional planning council and the state land
28 planning agency. Such notice shall include a description of
29 previous individual changes made to the development, including
30 changes previously approved by the local government, and shall
31 include appropriate amendments to the development order.
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1 2. The following changes, individually or cumulatively
2 with any previous changes, are not substantial deviations:
3 a. Changes in the name of the project, developer,
4 owner, or monitoring official.
5 b. Changes to a setback that do not affect noise
6 buffers, environmental protection or mitigation areas, or
7 archaeological or historical resources.
8 c. Changes to minimum lot sizes.
9 d. Changes in the configuration of internal roads that
10 do not affect external access points.
11 e. Changes to the building design or orientation that
12 stay approximately within the approved area designated for
13 such building and parking lot, and which do not affect
14 historical buildings designated as significant by the Division
15 of Historical Resources of the Department of State.
16 f. Changes to increase the acreage in the development,
17 provided that no development is proposed on the acreage to be
18 added.
19 g. Changes to eliminate an approved land use, provided
20 that there are no additional regional impacts.
21 h. Changes required to conform to permits approved by
22 any federal, state, or regional permitting agency, provided
23 that these changes do not create additional regional impacts.
24 i. Any other change which the state land planning
25 agency agrees in writing is similar in nature, impact, or
26 character to the changes enumerated in sub-subparagraphs a.-h.
27 and which does not create the likelihood of any additional
28 regional impact.
29
30 This subsection does not require a development order amendment
31 for any change listed in sub-subparagraphs a.-i. unless such
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1 issue is addressed either in the existing development order or
2 in the application for development approval, but, in the case
3 of the application, only if, and in the manner in which, the
4 application is incorporated in the development order.
5 3. Except for the change authorized by
6 sub-subparagraph 2.f., any addition of land not previously
7 reviewed or any change not specified in paragraph (b) or
8 paragraph (c) shall be presumed to create a substantial
9 deviation. This presumption may be rebutted by clear and
10 convincing evidence.
11 4. Any submittal of a proposed change to a previously
12 approved development shall include a description of individual
13 changes previously made to the development, including changes
14 previously approved by the local government. The local
15 government shall consider the previous and current proposed
16 changes in deciding whether such changes cumulatively
17 constitute a substantial deviation requiring further
18 development-of-regional-impact review.
19 5. The following changes to an approved development of
20 regional impact shall be presumed to create a substantial
21 deviation. Such presumption may be rebutted by clear and
22 convincing evidence.
23 a. A change proposed for 15 percent or more of the
24 acreage to a land use not previously approved in the
25 development order. Changes of less than 15 percent shall be
26 presumed not to create a substantial deviation.
27 b. Except for the types of uses listed in subparagraph
28 (b)16., any change which would result in the development of
29 any area which was specifically set aside in the application
30 for development approval or in the development order for
31 preservation, buffers, or special protection, including
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1 habitat for plant and animal species, archaeological and
2 historical sites, dunes, and other special areas.
3 c. Notwithstanding any provision of paragraph (b) to
4 the contrary, a proposed change consisting of simultaneous
5 increases and decreases of at least two of the uses within an
6 authorized multiuse development of regional impact which was
7 originally approved with three or more uses specified in s.
8 380.0651(3)(c), (d), (f), and (g) and residential use.
9 (f)1. The state land planning agency shall establish
10 by rule standard forms for submittal of proposed changes to a
11 previously approved development of regional impact which may
12 require further development-of-regional-impact review. At a
13 minimum, the standard form shall require the developer to
14 provide the precise language that the developer proposes to
15 delete or add as an amendment to the development order.
16 2. The developer shall submit, simultaneously, to the
17 local government, the regional planning agency, and the state
18 land planning agency the request for approval of a proposed
19 change.
20 3. No sooner than 30 days but no later than 45 days
21 after submittal by the developer to the local government, the
22 state land planning agency, and the appropriate regional
23 planning agency, the local government shall give 15 days'
24 notice and schedule a public hearing to consider the change
25 that the developer asserts does not create a substantial
26 deviation. This public hearing shall be held within 90 days
27 after submittal of the proposed changes, unless that time is
28 extended by the developer.
29 4. The appropriate regional planning agency or the
30 state land planning agency shall review the proposed change
31 and, no later than 45 days after submittal by the developer of
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1 the proposed change, unless that time is extended by the
2 developer, and prior to the public hearing at which the
3 proposed change is to be considered, shall advise the local
4 government in writing whether it objects to the proposed
5 change, shall specify the reasons for its objection, if any,
6 and shall provide a copy to the developer. A change which is
7 subject to the substantial deviation criteria specified in
8 sub-subparagraph (e)5.c. shall not be subject to this
9 requirement.
10 5. At the public hearing, the local government shall
11 determine whether the proposed change requires further
12 development-of-regional-impact review. The provisions of
13 paragraphs (a) and (e), the thresholds set forth in paragraph
14 (b), and the presumptions set forth in paragraphs (c) and (d)
15 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
16 applicable in determining whether further
17 development-of-regional-impact review is required.
18 6. If the local government determines that the
19 proposed change does not require further
20 development-of-regional-impact review and is otherwise
21 approved, or if the proposed change is not subject to a
22 hearing and determination pursuant to subparagraphs 3. and 5.
23 and is otherwise approved, the local government shall issue an
24 amendment to the development order incorporating the approved
25 change and conditions of approval relating to the change. The
26 decision of the local government to approve, with or without
27 conditions, or to deny the proposed change that the developer
28 asserts does not require further review shall be subject to
29 the appeal provisions of s. 380.07. However, the state land
30 planning agency may not appeal the local government decision
31 if it did not comply with subparagraph 4. The state land
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1 planning agency may not appeal a change to a development order
2 made pursuant to subparagraph (e)1. or 2. for developments of
3 regional impact approved after January 1, 1980, unless the
4 change would result in a significant impact to a regionally
5 significant archaeological, historical, or natural resource
6 not previously identified in the original
7 development-of-regional-impact review.
8 (g) If a proposed change requires further
9 development-of-regional-impact review pursuant to this
10 section, the review shall be conducted subject to the
11 following additional conditions:
12 1. The development-of-regional-impact review conducted
13 by the appropriate regional planning agency shall address only
14 those issues raised by the proposed change except as provided
15 in subparagraph 2.
16 2. The regional planning agency shall consider, and
17 the local government shall determine whether to approve,
18 approve with conditions, or deny the proposed change as it
19 relates to the entire development. If the local government
20 determines that the proposed change, as it relates to the
21 entire development, is unacceptable, the local government
22 shall deny the change.
23 3. If the local government determines that the
24 proposed change, as it relates to the entire development,
25 should be approved, any new conditions in the amendment to the
26 development order issued by the local government shall address
27 only those issues raised by the proposed change.
28 4. Development within the previously approved
29 development of regional impact may continue, as approved,
30 during the development-of-regional-impact review in those
31
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1 portions of the development which are not affected by the
2 proposed change.
3 (h) When further development-of-regional-impact review
4 is required because a substantial deviation has been
5 determined or admitted by the developer, the amendment to the
6 development order issued by the local government shall be
7 consistent with the requirements of subsection (15) and shall
8 be subject to the hearing and appeal provisions of s. 380.07.
9 The state land planning agency or the appropriate regional
10 planning agency need not participate at the local hearing in
11 order to appeal a local government development order issued
12 pursuant to this paragraph.
13 Section 25. Paragraphs (d) and (f) of subsection (3)
14 of section 380.0651, Florida Statutes, are amended to read:
15 380.0651 Statewide guidelines and standards.--
16 (3) The following statewide guidelines and standards
17 shall be applied in the manner described in s. 380.06(2) to
18 determine whether the following developments shall be required
19 to undergo development-of-regional-impact review:
20 (d) Office development.--Any proposed office building
21 or park operated under common ownership, development plan, or
22 management that:
23 1. Encompasses 300,000 or more square feet of gross
24 floor area; or
25 2. Has a total site size of 30 or more acres; or
26 2.3. Encompasses more than 600,000 square feet of
27 gross floor area in a county with a population greater than
28 500,000 and only in a geographic area specifically designated
29 as highly suitable for increased threshold intensity in the
30 approved local comprehensive plan and in the strategic
31 regional policy plan.
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1 (f) Retail and service development.--Any proposed
2 retail, service, or wholesale business establishment or group
3 of establishments which deals primarily with the general
4 public onsite, operated under one common property ownership,
5 development plan, or management that:
6 1. Encompasses more than 400,000 square feet of gross
7 area; or
8 2. Occupies more than 40 acres of land; or
9 2.3. Provides parking spaces for more than 2,500 cars.
10 Section 26. Requirement of interlocal service
11 provision agreements.--
12 (1) By January 1, 2007, counties having a population
13 over 100,000 shall negotiate and adopt a service-delivery
14 interlocal agreement or agreements with all of the
15 municipalities within the county, with those special districts
16 providing a service listed in paragraph (a), and with the
17 school district which:
18 (a) Identifies the current providers of the following
19 services; education, sanitary sewer, public safety, solid
20 waste, drainage, potable water, parks and recreation, and
21 transportation facilities.
22 (b) Describes the existing organization of such
23 services and the means of financing such services and
24 designates the entities that will provide the services over a
25 20-year planning period, including any anticipated changes
26 caused by annexation.
27 (c) Identifies any deficits in the provision of
28 services and prescribes a 5-year capital outlay plan for the
29 provision of deficit infrastructure.
30 (d) Identifies opportunities for the joint financing
31 of capital outlay projects.
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1 (e) Identifies any areas that the municipalities plan
2 to annex within the next 5 years and establishes a plan for
3 service delivery within the areas to be annexed or a process
4 for resolving service-delivery issues associated with
5 annexation.
6 (f) Provides specific procedures for amending the
7 interlocal agreement.
8 (2) Each county shall submit a copy of its interlocal
9 agreement to the Department of Community Affairs by February
10 15, 2007.
11 (3) The regional planning councils may provide
12 technical assistance and dispute-resolution services to assist
13 local governments in complying with this section.
14 Section 27. This act shall take effect upon becoming a
15 law.
16
17 *****************************************
18 SENATE SUMMARY
19 Provides for coordination of local governments in
educational facilities planning. Requires that the
20 membership of local planning agencies include a nonvoting
member of the district school board. Adds an elected
21 school board member to each regional planning council.
Revises the process for adopting comprehensive plans and
22 plan amendments. Requires school districts to adopt
educational facilities plans. Provides for the levy of
23 the infrastructure sales surtax and the school capital
outlay surtax by a supermajority vote. Revises
24 substantial deviation standards for developments of
regional impact. (See bill for details.)
25
26
27
28
29
30
31
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