Amendment
Bill No. CS/HB 7129

Amendment No. 201755

CHAMBER ACTION
Senate		House
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1	Representative Randolph offered the following:
2
3	Amendment
4	Remove lines 3263-3285 and insert:
5	(1)(a)  Sanitary sewer, solid waste, drainage, potable
6	water and, parks and recreation, schools, and transportation
7	facilities, including mass transit, where applicable, are the
8	only public facilities and services subject to the concurrency
9	requirement on a statewide basis. Additional public facilities
10	and services may not be made subject to concurrency on a
11	statewide basis without appropriate study and approval by the
12	Legislature; however, any local government may extend the
13	concurrency requirement so that it applies to additional public
14	facilities within its jurisdiction. If concurrency is applied to
15	other public facilities, the local government comprehensive plan
16	must provide the principles, guidelines, standards, and
17	strategies, including adopted levels of service, to guide its
18	application. In order for a local government to rescind any
19	optional concurrency provisions, a comprehensive plan amendment
20	is required. An amendment rescinding optional concurrency issues
21	is not subject to state review. The local government
22	comprehensive plan must demonstrate, for required or optional
23	concurrency requirements, that the levels of service adopted can
24	be reasonably met. Infrastructure needed to ensure that adopted
25	level-of-service standards are achieved and maintained for the
26	5-year period of the capital improvement schedule must be
27	identified pursuant to the requirements of s. 163.3177(3).
28
29	Remove lines 3869-4070 and insert:
30	(6)(a)  When applying concurrency to public education
31	facilities, The application of school concurrency to development
32	shall be based upon the adopted comprehensive plan, as amended.
33	all local governments within a county, except as provided in
34	paragraph (i) (f), shall include principles, guidelines,
35	standards, and strategies, including adopted levels of service,
36	in their comprehensive plans and adopt and transmit to the state
37	land planning agency the necessary plan amendments, along with
38	the interlocal agreements. agreement, for a compliance review
39	pursuant to s. 163.3184(7) and (8). The minimum requirements for
40	school concurrency are the following:
41	(a)  Public school facilities element.-A local government
42	shall adopt and transmit to the state land planning agency a
43	plan or plan amendment which includes a public school facilities
44	element which is consistent with the requirements of s.
45	163.3177(12) and which is determined to be in compliance as
46	defined in s. 163.3184(1)(b). All local government provisions
47	included in comprehensive plans regarding school concurrency
48	public school facilities plan elements within a county must be
49	consistent with each other as well as the requirements of this
50	part.
51	(b)  Level-of-service standards.-The Legislature recognizes
52	that an essential requirement for a concurrency management
53	system is the level of service at which a public facility is
54	expected to operate.
55	1.  Local governments and school boards imposing school
56	concurrency shall exercise authority in conjunction with each
57	other to establish jointly adequate level-of-service standards,
58	as defined in chapter 9J-5, Florida Administrative Code,
59	necessary to implement the adopted local government
60	comprehensive plan, based on data and analysis.
61	(c)2.  Public school level-of-service standards shall be
62	included and adopted into the capital improvements element of
63	the local comprehensive plan and shall apply districtwide to all
64	schools of the same type. Types of schools may include
65	elementary, middle, and high schools as well as special purpose
66	facilities such as magnet schools.
67	(d)3.  Local governments and school boards may shall have
68	the option to utilize tiered level-of-service standards to allow
69	time to achieve an adequate and desirable level of service as
70	circumstances warrant.
71	(e)4.  For the purpose of determining whether levels of
72	service have been achieved, for the first 3 years of school
73	concurrency implementation, A school district that includes
74	relocatable facilities in its inventory of student stations
75	shall include the capacity of such relocatable facilities as
76	provided in s. 1013.35(2)(b)2.f., provided the relocatable
77	facilities were purchased after 1998 and the relocatable
78	facilities meet the standards for long-term use pursuant to s.
79	1013.20.
80	(c)  Service areas.-The Legislature recognizes that an
81	essential requirement for a concurrency system is a designation
82	of the area within which the level of service will be measured
83	when an application for a residential development permit is
84	reviewed for school concurrency purposes. This delineation is
85	also important for purposes of determining whether the local
86	government has a financially feasible public school capital
87	facilities program that will provide schools which will achieve
88	and maintain the adopted level-of-service standards.
89	(f)1.  In order to balance competing interests, preserve
90	the constitutional concept of uniformity, and avoid disruption
91	of existing educational and growth management processes, local
92	governments are encouraged to initially apply school concurrency
93	to development only on a districtwide basis so that a
94	concurrency determination for a specific development will be
95	based upon the availability of school capacity districtwide. To
96	ensure that development is coordinated with schools having
97	available capacity, within 5 years after adoption of school
98	concurrency,
99	2.  If a local government elects to governments shall apply
100	school concurrency on a less than districtwide basis, by such as
101	using school attendance zones or concurrency service areas:, as
102	provided in subparagraph 2.
103	a.2.  For local governments applying school concurrency on
104	a less than districtwide basis, such as utilizing school
105	attendance zones or larger school concurrency service areas,
106	Local governments and school boards shall have the burden to
107	demonstrate that the utilization of school capacity is maximized
108	to the greatest extent possible in the comprehensive plan and
109	amendment, taking into account transportation costs and court-
110	approved desegregation plans, as well as other factors. In
111	addition, in order to achieve concurrency within the service
112	area boundaries selected by local governments and school boards,
113	the service area boundaries, together with the standards for
114	establishing those boundaries, shall be identified and included
115	as supporting data and analysis for the comprehensive plan.
116	b.3.  Where school capacity is available on a districtwide
117	basis but school concurrency is applied on a less than
118	districtwide basis in the form of concurrency service areas, if
119	the adopted level-of-service standard cannot be met in a
120	particular service area as applied to an application for a
121	development permit and if the needed capacity for the particular
122	service area is available in one or more contiguous service
123	areas, as adopted by the local government, then the local
124	government may not deny an application for site plan or final
125	subdivision approval or the functional equivalent for a
126	development or phase of a development on the basis of school
127	concurrency, and if issued, development impacts shall be
128	subtracted from the shifted to  contiguous service area's areas
129	with schools having available capacity totals. Students from the
130	development may not be required to go to the adjacent service
131	area unless the school board rezones the area in which the
132	development occurs.
133	(g)(d)  Financial feasibility.-The Legislature recognizes
134	that financial feasibility is an important issue because The
135	premise of concurrency is that the public facilities will be
136	provided in order to achieve and maintain the adopted level-of-
137	service standard. This part and chapter 9J-5, Florida
138	Administrative Code, contain specific standards to determine the
139	financial feasibility of capital programs. These standards were
140	adopted to make concurrency more predictable and local
141	governments more accountable.
142	1.  A comprehensive plan amendment seeking to impose school
143	concurrency shall contain appropriate amendments to the capital
144	improvements element of the comprehensive plan, consistent with
145	the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
146	Administrative Code. The capital improvements element shall
147	identify facilities necessary to meet adopted levels of service
148	during a 5-year period consistent with the school board's
149	educational set forth a financially feasible public school
150	capital facilities plan program, established in conjunction with
151	the school board, that demonstrates that the adopted level-of-
152	service standards will be achieved and maintained.
153	(h)1.  In order to limit the liability of local
154	governments, a local government may allow a landowner to proceed
155	with development of a specific parcel of land notwithstanding a
156	failure of the development to satisfy school concurrency, if all
157	the following factors are shown to exist:
158	a.  The proposed development would be consistent with the
159	future land use designation for the specific property and with
160	pertinent portions of the adopted local plan, as determined by
161	the local government.
162	b.  The local government's capital improvements element and
163	the school board's educational facilities plan provide for
164	school facilities adequate to serve the proposed development,
165	and the local government or school board has not implemented
166	that element or the project includes a plan that demonstrates
167	that the capital facilities needed as a result of the project
168	can be reasonably provided.
169	c.  The local government and school board have provided a
170	means by which the landowner will be assessed a proportionate
171	share of the cost of providing the school facilities necessary
172	to serve the proposed development.
173	2.  Such amendments shall demonstrate that the public
174	school capital facilities program meets all of the financial
175	feasibility standards of this part and chapter 9J-5, Florida
176	Administrative Code, that apply to capital programs which
177	provide the basis for mandatory concurrency on other public
178	facilities and services.
179	3.  When the financial feasibility of a public school
180	capital facilities program is evaluated by the state land
181	planning agency for purposes of a compliance determination, the
182	evaluation shall be based upon the service areas selected by the
183	local governments and school board.
184	2.(e)  Availability standard.-Consistent with the public
185	welfare, When a local government applies school concurrency, it
186	may not deny an application for site plan, final subdivision
187	approval, or the functional equivalent for a development or
188	phase of a development authorizing residential development for
189	failure to achieve and maintain the level-of-service standard
190	for public school capacity in a local school concurrency
191	management system where adequate school facilities will be in
192	place or under actual construction within 3 years after the
193	issuance of final subdivision or site plan approval, or the
194	functional equivalent. School concurrency is satisfied if the
195	developer executes a legally binding commitment to provide
196	mitigation proportionate to the demand for public school
197	facilities to be created by actual development of the property,
198	including, but not limited to, the options described in sub-
199	subparagraph a. subparagraph 1. Options for proportionate-share
200	mitigation of impacts on public school facilities must be
201	established in the comprehensive plan public school facilities
202	element and the interlocal agreement pursuant to s. 163.31777.
203	a.1.  Appropriate mitigation options include the
204	contribution of land; the construction, expansion, or payment
205	for land acquisition or construction of a public school
206	facility; the construction of a charter school that complies
207	with the requirements of s. 1002.33(18); or the creation of
208	mitigation banking based on the construction of a public school
209	facility in exchange for the right to sell capacity credits.
210	Such options must include execution by the applicant and the
211	local government of a development agreement that constitutes a
212	legally binding commitment to pay proportionate-share mitigation
213	for the additional residential units approved by the local
214	government in a development order and actually developed on the
215	property, taking into account residential density allowed on the
216	property prior to the plan amendment that increased the overall
217	residential density. The district school board must be a party
218	to such an agreement. As a condition of its entry into such a
219	development agreement, the local government may require the
220	landowner to agree to continuing renewal of the agreement upon
221	its expiration.
222	b.2.  If the education facilities plan and the public
223	educational facilities element authorize a contribution of land;
224	the

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