HB 0543 2003
1	A bill to be entitled
2	An act relating to planning for school growth; amending
3	ss. 163.3174 and 1013.33, F.S.; amending the procedures
4	for coordinating the efforts of local planning agencies
5	and school districts toward planning for school growth;
6	providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Subsection (1) of section 163.3174, Florida
11	Statutes, is amended to read:
12	163.3174 Local planning agency.--
13	(1) The governing body of each local government,
14	individually or in combination as provided in s. 163.3171, shall
15	designate and by ordinance establish a "local planning agency,"
16	unless the agency is otherwise established by law. Local
17	governments shall transmit to school districts information
18	regarding proposed changes in land use or proposed
19	Notwithstanding any special act to the contrary, all local
20	planning agencies or equivalent agencies that first review
21	rezoning and comprehensive plan amendments in each municipality
22	and county shall include a representative of the school district
23	appointed by the school board as a nonvoting member of the local
24	planning agency or equivalent agency to attend those meetings at
25	which the agency considers comprehensive plan amendments and
26	rezonings that would, if approved, increase residential density
27	on the property that is the subject of the application. In
28	response, school districts shall send to the local government
29	written comments regarding the anticipated student impact from
30	the proposed change, and the local government, before granting
31	approval to the application, shall consider the potential impact
32	upon public schools that the change in land use or the rezoning
33	may have. Further, the local government must notify the school
34	district in writing when the application receives final approval
35	from the governing body.However, this subsection does not
36	prevent the governing body of the local government from granting
37	voting status to the school board member.The governing body may
38	designate itself as the local planning agency pursuant to this
39	subsection with the addition of a nonvoting school board
40	representative. The governing body shall notify the state land
41	planning agency of the establishment of its local planning
42	agency. All local planning agencies shall provide opportunities
43	for involvement by applicable community college boards, which
44	may be accomplished by formal representation, membership on
45	technical advisory committees, or other appropriate means. The
46	local planning agency shall prepare the comprehensive plan or
47	plan amendment after hearings to be held after public notice and
48	shall make recommendations to the governing body regarding the
49	adoption or amendment of the plan. The agency may be a local
50	planning commission, the planning department of the local
51	government, or other instrumentality, including a countywide
52	planning entity established by special act or a council of local
53	government officials created pursuant to s. 163.02, provided the
54	composition of the council is fairly representative of all the
55	governing bodies in the county or planning area; however:
56	(a) If a joint planning entity is in existence on the
57	effective date of this act which authorizes the governing bodies
58	to adopt and enforce a land use plan effective throughout the
59	joint planning area, that entity shall be the agency for those
60	local governments until such time as the authority of the joint
61	planning entity is modified by law.
62	(b) In the case of chartered counties, the planning
63	responsibility between the county and the several municipalities
64	therein shall be as stipulated in the charter.
65	Section 2. Paragraph (e) of subsection (3) of section
66	1013.33, Florida Statutes, is amended to read:
67	1013.33 Coordination of planning with local governing
68	bodies.--
69	(3) At a minimum, the interlocal agreement must address
70	the following issues:
71	(e) A process for the school board to inform the local
72	government regarding school capacity. The capacity reporting
73	must be consistent with laws and rules regarding measurement of
74	school facility capacity, and the school board report must also
75	identify capital improvements in the adopted district facilities
76	work program which are scheduled to provide increased capacity
77	for schools affected by the proposed developmenthow the
78	district school board will meet the public school demand based
79	on the facilities work program adopted pursuant to s. 1013.35.
80
81	A signatory to the interlocal agreement may elect not to include
82	a provision meeting the requirements of paragraph (e); however,
83	such a decision may be made only after a public hearing on such
84	election, which may include the public hearing in which a
85	district school board or a local government adopts the
86	interlocal agreement. An interlocal agreement entered into
87	pursuant to this section must be consistent with the adopted
88	comprehensive plan and land development regulations of any local
89	government that is a signatory.
90	Section 3. This act shall take effect July 1, 2003.