Senate Bill sb0286

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    Florida Senate - 2003                                   SB 286

    By Senator Geller





    31-271-03

  1                      A bill to be entitled

  2         An act relating to planning for school growth;

  3         amending ss. 163.3174, 1013.33, F.S.; amending

  4         the procedures for coordinating the efforts of

  5         local planning agencies and school districts

  6         toward planning for school growth; providing an

  7         effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (1) of section 163.3174, Florida

12  Statutes, is amended to read:

13         163.3174  Local planning agency.--

14         (1)  The governing body of each local government,

15  individually or in combination as provided in s. 163.3171,

16  shall designate and by ordinance establish a "local planning

17  agency," unless the agency is otherwise established by law.

18  Local governments shall transmit to school districts

19  information regarding proposed changes in land use or proposed

20  Notwithstanding any special act to the contrary, all local

21  planning agencies or equivalent agencies that first review

22  rezoning and comprehensive plan amendments in each

23  municipality and county shall include a representative of the

24  school district appointed by the school board as a nonvoting

25  member of the local planning agency or equivalent agency to

26  attend those meetings at which the agency considers

27  comprehensive plan amendments and rezonings that would, if

28  approved, increase residential density on the property that is

29  the subject of the application. In response, school districts

30  shall send to the local government written comments regarding

31  the anticipated student impact from the proposed change, and

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    Florida Senate - 2003                                   SB 286
    31-271-03




 1  the local government, before granting approval to the

 2  application, shall consider the potential impact upon public

 3  schools that the change in land use or the rezoning may have.

 4  Further, the local government must notify the school district

 5  in writing when the application receives final approval from

 6  the governing body. However, this subsection does not prevent

 7  the governing body of the local government from granting

 8  voting status to the school board member. The governing body

 9  may designate itself as the local planning agency pursuant to

10  this subsection with the addition of a nonvoting school board

11  representative. The governing body shall notify the state land

12  planning agency of the establishment of its local planning

13  agency. All local planning agencies shall provide

14  opportunities for involvement by applicable community college

15  boards, which may be accomplished by formal representation,

16  membership on technical advisory committees, or other

17  appropriate means. The local planning agency shall prepare the

18  comprehensive plan or plan amendment after hearings to be held

19  after public notice and shall make recommendations to the

20  governing body regarding the adoption or amendment of the

21  plan. The agency may be a local planning commission, the

22  planning department of the local government, or other

23  instrumentality, including a countywide planning entity

24  established by special act or a council of local government

25  officials created pursuant to s. 163.02, provided the

26  composition of the council is fairly representative of all the

27  governing bodies in the county or planning area; however:

28         (a)  If a joint planning entity is in existence on the

29  effective date of this act which authorizes the governing

30  bodies to adopt and enforce a land use plan effective

31  throughout the joint planning area, that entity shall be the

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    Florida Senate - 2003                                   SB 286
    31-271-03




 1  agency for those local governments until such time as the

 2  authority of the joint planning entity is modified by law.

 3         (b)  In the case of chartered counties, the planning

 4  responsibility between the county and the several

 5  municipalities therein shall be as stipulated in the charter.

 6         Section 2.  Paragraph (e) of subsection (3) of section

 7  1013.33, Florida Statutes, is amended to read:

 8         1013.33  Coordination of planning with local governing

 9  bodies.--

10         (3)  At a minimum, the interlocal agreement must

11  address the following issues:

12         (e)  A process for the school board to inform the local

13  government regarding school capacity. The capacity reporting

14  must be consistent with laws and rules regarding measurement

15  of school facility capacity, and the school board report must

16  also identify capital improvements in the adopted district

17  facilities work program which are scheduled to provide

18  increased capacity for schools affected by the proposed

19  development how the district school board will meet the public

20  school demand based on the facilities work program adopted

21  pursuant to s. 1013.35.

22  

23  A signatory to the interlocal agreement may elect not to

24  include a provision meeting the requirements of paragraph (e);

25  however, such a decision may be made only after a public

26  hearing on such election, which may include the public hearing

27  in which a district school board or a local government adopts

28  the interlocal agreement. An interlocal agreement entered into

29  pursuant to this section must be consistent with the adopted

30  comprehensive plan and land development regulations of any

31  local government that is a signatory.

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    Florida Senate - 2003                                   SB 286
    31-271-03




 1         Section 3.  This act shall take effect July 1, 2003.

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 4                          SENATE SUMMARY

 5    Amends procedures for coordinating the efforts of local
      planning agencies and school districts toward planning
 6    for school growth.

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