Senate Bill sb0268c1

    Florida Senate - 2004                            CS for SB 268

    By the Committee on Comprehensive Planning; and Senator Geller





    316-1963-04

  1                      A bill to be entitled

  2         An act relating to planning for school growth;

  3         amending s. 163.3174, F.S.; revising the

  4         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  Notwithstanding any special act to the contrary, all local

19  planning agencies or equivalent agencies that first review

20  rezoning and comprehensive plan amendments in each

21  municipality and county shall include a representative of the

22  school district appointed by the school board as a nonvoting

23  member of the local planning agency or equivalent agency to

24  attend those meetings at which the agency considers

25  comprehensive plan amendments and rezonings that would, if

26  approved, increase residential density on the property that is

27  the subject of the application. However, this subsection does

28  not prevent the governing body of the local government from

29  granting voting status to the school board member.

30  Alternatively, a school board may provide written comments to

31  a local planning agency or equivalent agency in place of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 268
    316-1963-04




 1  actual attendance, on a case-by-case basis, if mutually agreed

 2  upon in an interlocal agreement adopted in accordance with ss.

 3  163.31777 and 1013.33. The governing body may designate itself

 4  as the local planning agency pursuant to this subsection with

 5  the addition of a nonvoting school board representative. The

 6  governing body shall notify the state land planning agency of

 7  the establishment of its local planning agency. All local

 8  planning agencies shall provide opportunities for involvement

 9  by applicable community college boards, which may be

10  accomplished by formal representation, membership on technical

11  advisory committees, or other appropriate means. The local

12  planning agency shall prepare the comprehensive plan or plan

13  amendment after hearings to be held after public notice and

14  shall make recommendations to the governing body regarding the

15  adoption or amendment of the plan. The agency may be a local

16  planning commission, the planning department of the local

17  government, or other instrumentality, including a countywide

18  planning entity established by special act or a council of

19  local government officials created pursuant to s. 163.02,

20  provided the composition of the council is fairly

21  representative of all the governing bodies in the county or

22  planning area; however:

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

24  effective date of this act which authorizes the governing

25  bodies to adopt and enforce a land use plan effective

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

27  agency for those local governments until such time as the

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

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

30  responsibility between the county and the several

31  municipalities therein shall be as stipulated in the charter.

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    Florida Senate - 2004                            CS for SB 268
    316-1963-04




 1         Section 2.  This act shall take effect July 1, 2004.

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 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 268

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 6  The Committee Substitute (CS) allows a school board, as an
    alternative to sending a representative to the meetings of a
 7  local planning agency or equivalent agency, to provide written
    comments, on a case-by-case basis if mutually agreed upon in
 8  an interlocal agreement adopted under ss. 163.31777 and
    1013.33, F.S., regarding a proposed comprehensive plan
 9  amendment or rezoning that would increase residential density
    on the subject property.
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    The CS deletes language that would require an exchange of
11  written information, instead of the school board
    representative attending the meeting of the local planning
12  agency, between the school board and the local planning agency
    regarding a proposed comprehensive plan amendment or rezoning
13  that, if approved, could affect residential density on the
    subject property.
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    The CS deletes language that would require the board to
15  identify capital improvements in the adopted district
    facilities work program that will provide increased capacity
16  for schools affected by the proposed development.

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