Florida Senate - 2011                                    SB 1868
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-01581-11                                           20111868__
    1                        A bill to be entitled                      
    2         An act relating to public educational facilities;
    3         amending s. 1013.33, F.S.; revising provisions
    4         relating to the planning and construction of
    5         educational facilities; prohibiting a local governing
    6         body from denying a site applicant on the basis of a
    7         public school’s capacity or its proposed capacity;
    8         providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (13) of section 1013.33, Florida
   13  Statutes, is amended to read:
   14         1013.33 Coordination of planning with local governing
   15  bodies.—
   16         (13) Notwithstanding any other provision of law, a local
   17  governing body may not deny the site applicant based on the
   18  adequacy of the site plan as it relates solely to the needs of
   19  the public school, including the school’s capacity or the
   20  school’s proposed capacity. If the site is consistent with the
   21  comprehensive plan’s land use policies and categories in which
   22  public schools are identified as allowable uses, the local
   23  government may not deny the application but it may impose
   24  reasonable development standards and conditions in accordance
   25  with s. 1013.51(1) and consider the site plan and its adequacy
   26  as it relates to environmental concerns, health, safety and
   27  welfare, and effects on adjacent property. Standards and
   28  conditions may not be imposed which conflict with those
   29  established in this chapter or the Florida Building Code, unless
   30  mutually agreed and consistent with the interlocal agreement
   31  required by subsections (2)-(8).
   32         Section 2. This act shall take effect July 1, 2011.