Florida Senate - 2012 SB 1348
By Senator Wise
5-01290-12 20121348__
1 A bill to be entitled
2 An act relating to coordination between schools and
3 local governments; amending s. 1002.36, F.S.;
4 authorizing the Board of Trustees of the Florida
5 School for the Deaf and the Blind to exercise the
6 power of eminent domain after receiving approval from
7 the Administration Commission; requiring the board of
8 trustees to provide student housing in compliance with
9 specified law; amending s. 1013.33, F.S.; revising and
10 deleting requirements for an interlocal agreement
11 between a district school board and local governments
12 to conform to related requirements in s. 163.31777,
13 F.S.; amending s. 1013.35, F.S.; conforming cross
14 references to changes made by the act; amending s.
15 1013.351, F.S.; deleting a requirement that the
16 Florida School for the Deaf and the Blind and the
17 local government submit an interlocal agreement to the
18 state land planning agency and the Office of
19 Educational Facilities for review; providing for the
20 vesting of the Florida School for the Deaf and the
21 Blind facilities; requiring local government
22 cooperation in the restoration of school facilities;
23 requiring school facilities to comply with specified
24 law; amending s. 1013.36, F.S.; conforming cross
25 references to changes made by the act; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraphs (e) and (f) of subsection (4) of
31 section 1002.36, Florida Statutes, are amended to read:
32 1002.36 Florida School for the Deaf and the Blind.—
33 (4) BOARD OF TRUSTEES.—
34 (e) The board of trustees is invested with full power and
35 authority to:
36 1. Appoint a president, faculty, teachers, and other
37 employees and remove the same as in its judgment may be best and
38 fix their compensation.
39 2. Procure professional services, such as medical, mental
40 health, architectural, and engineering.
41 3. Procure legal services without the prior written
42 approval of the Attorney General.
43 4. Determine eligibility of students and procedure for
44 admission.
45 5. Provide for the students of the school necessary
46 bedding, clothing, food, and medical attendance and such other
47 things as may be proper for the health and comfort of the
48 students without cost to their parents, except that the board of
49 trustees may set tuition and other fees for nonresidents.
50 6. Provide for the proper keeping of accounts and records
51 and for budgeting of funds.
52 7. Enter into contracts.
53 8. Sue and be sued.
54 9. Secure public liability insurance.
55 10. Do and perform every other matter or thing requisite to
56 the proper management, maintenance, support, and control of the
57 school at the highest efficiency economically possible, the
58 board of trustees taking into consideration the purposes of the
59 establishment.
60 11. Receive gifts, donations, and bequests of money or
61 property, real or personal, tangible or intangible, from any
62 person, firm, corporation, or other legal entity. However, the
63 board of trustees may not obligate the state to any expenditure
64 or policy that is not specifically authorized by law. If the
65 bill of sale, will, trust indenture, deed, or other legal
66 conveyance specifies terms and conditions concerning the use of
67 such money or property, the board of trustees shall observe such
68 terms and conditions.
69 12. Deposit outside the State Treasury such moneys as are
70 received as gifts, donations, or bequests and may disburse and
71 expend such moneys, upon its own warrant, for the use and
72 benefit of the Florida School for the Deaf and the Blind and its
73 students, as the board of trustees deems to be in the best
74 interest of the school and its students. Such money or property
75 does shall not constitute and may not or be considered a part of
76 any legislative appropriation.
77 13. Sell or convey by bill of sale, deed, or other legal
78 instrument any property, real or personal, received as a gift,
79 donation, or bequest, upon such terms and conditions as the
80 board of trustees deems to be in the best interest of the school
81 and its students.
82 14. Invest such moneys in securities enumerated under s.
83 215.47(1), (2)(c), (3), (4), and (10), and in The Common Fund,
84 an Investment Management Fund exclusively for nonprofit
85 educational institutions.
86 15. After receiving approval from the Administration
87 Commission, exercise the power of eminent domain in the manner
88 provided in chapter 73 or chapter 74.
89 (f) The board of trustees shall:
90 1. Prepare and submit legislative budget requests for
91 operations and fixed capital outlay, in accordance with chapter
92 216 and ss. 1011.56 and 1013.60, to the Department of Education
93 for review and approval. The department must analyze the amount
94 requested for fixed capital outlay to determine if the requested
95 amount for fixed capital outlay request is consistent with the
96 school’s campus master plan, educational plant survey, and
97 facilities master plan. Projections of facility space needs may
98 exceed the norm space and occupant design criteria established
99 in the State Requirements for Educational Facilities.
100 2. Approve and administer an annual operating budget in
101 accordance with ss. 1011.56 and 1011.57.
102 3. Require all funds received other than gifts, donations,
103 bequests, funds raised by or belonging to student clubs or
104 student organizations, and funds held for specific students or
105 in accounts for individual students to be deposited in the State
106 Treasury and expended as authorized in the General
107 Appropriations Act.
108 4. Require all purchases to be in accordance with the
109 provisions of chapter 287 except for purchases made with funds
110 received as gifts, donations, or bequests; funds raised by or
111 belonging to student clubs or student organizations; or funds
112 held for specific students or in accounts for individual
113 students.
114 5. Administer and maintain personnel programs for all
115 employees of the board of trustees and the Florida School for
116 the Deaf and the Blind who shall be state employees, including
117 the personnel classification and pay plan established in
118 accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
119 academic and academic administrative personnel, the provisions
120 of chapter 110, and the provisions of law that grant authority
121 to the Department of Management Services over such programs for
122 state employees.
123 6. Give preference in appointment and retention in
124 positions of employment as provided within s. 295.07(1).
125 7. Ensure that the Florida School for the Deaf and the
126 Blind complies with s. 1013.351 concerning the coordination of
127 planning between the Florida School for the Deaf and the Blind
128 and local governing bodies.
129 7.8. Comply Ensure that the Florida School for the Deaf and
130 the Blind complies with s. 112.061 concerning per diem and
131 travel expenses of public officers, employees, and authorized
132 persons with respect to all funds other than funds received as
133 gifts, donations, or bequests; funds raised by or belonging to
134 student clubs or student organizations; or funds held for
135 specific students or in accounts for individual students.
136 8.9. Adopt a master plan which specifies the mission and
137 objectives of the Florida School for the Deaf and the Blind. The
138 plan shall include, but not be limited to, procedures for
139 systematically measuring the school’s progress toward meeting
140 its objectives, analyzing changes in the student population, and
141 modifying school programs and services to respond to such
142 changes. The plan shall be for a period of 5 years and shall be
143 reviewed for needed modifications every 2 years. The board of
144 trustees shall submit the initial plan and subsequent
145 modifications to the Speaker of the House of Representatives and
146 the President of the Senate.
147 9.10. Designate a portion of the school as “The Verle Allyn
148 Pope Complex for the Deaf,” in tribute to the late Senator Verle
149 Allyn Pope.
150 10. Provide safe and appropriate housing for all
151 residential students at the Florida School for the Deaf and the
152 Blind, in compliance with the state Fair Housing Act, the
153 federal Fair Housing Act, and the Americans with Disabilities
154 Act of 1990.
155 Section 2. Section 1013.33, Florida Statutes, is amended to
156 read:
157 1013.33 Coordination of planning with local governing
158 bodies.—
159 (1) It is the policy of this state to require the
160 coordination of planning between boards and local governing
161 bodies to ensure that plans for the construction and opening of
162 public educational facilities are facilitated and coordinated in
163 time and place with plans for residential development,
164 concurrently with other necessary services. Such planning shall
165 include the integration of the educational facilities plan and
166 applicable policies and procedures of a board with the local
167 comprehensive plan and land development regulations of local
168 governments. The planning must include the consideration of
169 allowing students to attend the school located nearest their
170 homes when a new housing development is constructed near a
171 county boundary and it is more feasible to transport the
172 students a short distance to an existing facility in an adjacent
173 county than to construct a new facility or transport students
174 longer distances in their county of residence. The planning must
175 also consider the effects of the location of public education
176 facilities, including the feasibility of keeping central city
177 facilities viable, in order to encourage central city
178 redevelopment and the efficient use of infrastructure and to
179 discourage uncontrolled urban sprawl. In addition, all parties
180 to the planning process must consult with state and local road
181 departments to assist in implementing the Safe Paths to Schools
182 program administered by the Department of Transportation.
183 (2)(a) The school board, county, and nonexempt
184 municipalities located within the geographic area of a school
185 district shall enter into an interlocal agreement according to
186 s. 163.31777 which that jointly establishes the specific ways in
187 which the plans and processes of the district school board and
188 the local governments are to be coordinated. The interlocal
189 agreements shall be submitted to the state land planning agency
190 and the Office of Educational Facilities in accordance with a
191 schedule published by the state land planning agency.
192 (b) The schedule must establish staggered due dates for
193 submission of interlocal agreements that are executed by both
194 the local government and district school board, commencing on
195 March 1, 2003, and concluding by December 1, 2004, and must set
196 the same date for all governmental entities within a school
197 district. However, if the county where the school district is
198 located contains more than 20 municipalities, the state land
199 planning agency may establish staggered due dates for the
200 submission of interlocal agreements by these municipalities. The
201 schedule must begin with those areas where both the number of
202 districtwide capital-outlay full-time-equivalent students equals
203 80 percent or more of the current year’s school capacity and the
204 projected 5-year student growth rate is 1,000 or greater, or
205 where the projected 5-year student growth rate is 10 percent or
206 greater.
207 (c) If the student population has declined over the 5-year
208 period preceding the due date for submittal of an interlocal
209 agreement by the local government and the district school board,
210 the local government and district school board may petition the
211 state land planning agency for a waiver of one or more of the
212 requirements of subsection (3). The waiver must be granted if
213 the procedures called for in subsection (3) are unnecessary
214 because of the school district’s declining school age
215 population, considering the district’s 5-year work program
216 prepared pursuant to s. 1013.35. The state land planning agency
217 may modify or revoke the waiver upon a finding that the
218 conditions upon which the waiver was granted no longer exist.
219 The district school board and local governments must submit an
220 interlocal agreement within 1 year after notification by the
221 state land planning agency that the conditions for a waiver no
222 longer exist.
223 (d) Interlocal agreements between local governments and
224 district school boards adopted pursuant to s. 163.3177 before
225 the effective date of subsections (2)-(7) must be updated and
226 executed pursuant to the requirements of subsections (2)-(7), if
227 necessary. Amendments to interlocal agreements adopted pursuant
228 to subsections (2)-(7) must be submitted to the state land
229 planning agency within 30 days after execution by the parties
230 for review consistent with subsections (3) and (4). Local
231 governments and the district school board in each school
232 district are encouraged to adopt a single interlocal agreement
233 in which all join as parties. The state land planning agency
234 shall assemble and make available model interlocal agreements
235 meeting the requirements of subsections (2)-(7) and shall notify
236 local governments and, jointly with the Department of Education,
237 the district school boards of the requirements of subsections
238 (2)-(7), the dates for compliance, and the sanctions for
239 noncompliance. The state land planning agency shall be available
240 to informally review proposed interlocal agreements. If the
241 state land planning agency has not received a proposed
242 interlocal agreement for informal review, the state land
243 planning agency shall, at least 60 days before the deadline for
244 submission of the executed agreement, renotify the local
245 government and the district school board of the upcoming
246 deadline and the potential for sanctions.
247 (3) At a minimum, the interlocal agreement must address
248 interlocal agreement requirements in s. 163.31777 and, if
249 applicable, s. 163.3180(6), and must address the following
250 issues:
251 (a) A process by which each local government and the
252 district school board agree and base their plans on consistent
253 projections of the amount, type, and distribution of population
254 growth and student enrollment. The geographic distribution of
255 jurisdiction-wide growth forecasts is a major objective of the
256 process.
257 (b) A process to coordinate and share information relating
258 to existing and planned public school facilities, including
259 school renovations and closures, and local government plans for
260 development and redevelopment.
261 (c) Participation by affected local governments with the
262 district school board in the process of evaluating potential
263 school closures, significant renovations to existing schools,
264 and new school site selection before land acquisition. Local
265 governments shall advise the district school board as to the
266 consistency of the proposed closure, renovation, or new site
267 with the local comprehensive plan, including appropriate
268 circumstances and criteria under which a district school board
269 may request an amendment to the comprehensive plan for school
270 siting.
271 (d) A process for determining the need for and timing of
272 onsite and offsite improvements to support new construction,
273 proposed expansion, or redevelopment of existing schools. The
274 process shall address identification of the party or parties
275 responsible for the improvements.
276 (e) A process for the school board to inform the local
277 government regarding the effect of comprehensive plan amendments
278 on school capacity. The capacity reporting must be consistent
279 with laws and rules regarding measurement of school facility
280 capacity and must also identify how the district school board
281 will meet the public school demand based on the facilities work
282 program adopted pursuant to s. 1013.35.
283 (f) Participation of the local governments in the
284 preparation of the annual update to the school board’s 5-year
285 district facilities work program and educational plant survey
286 prepared pursuant to s. 1013.35.
287 (g) A process for determining where and how joint use of
288 either school board or local government facilities can be shared
289 for mutual benefit and efficiency.
290 (h) A procedure for the resolution of disputes between the
291 district school board and local governments, which may include
292 the dispute resolution processes contained in chapters 164 and
293 186.
294 (i) An oversight process, including an opportunity for
295 public participation, for the implementation of the interlocal
296 agreement.
297 (4)(a) The Office of Educational Facilities shall submit
298 any comments or concerns regarding the executed interlocal
299 agreement to the state land planning agency within 30 days after
300 receipt of the executed interlocal agreement. The state land
301 planning agency shall review the executed interlocal agreement
302 to determine whether it is consistent with the requirements of
303 subsection (3), the adopted local government comprehensive plan,
304 and other requirements of law. Within 60 days after receipt of
305 an executed interlocal agreement, the state land planning agency
306 shall publish a notice of intent in the Florida Administrative
307 Weekly and shall post a copy of the notice on the agency’s
308 Internet site. The notice of intent must state that the
309 interlocal agreement is consistent or inconsistent with the
310 requirements of subsection (3) and this subsection as
311 appropriate.
312 (b) The state land planning agency’s notice is subject to
313 challenge under chapter 120; however, an affected person, as
314 defined in s. 163.3184(1)(a), has standing to initiate the
315 administrative proceeding, and this proceeding is the sole means
316 available to challenge the consistency of an interlocal
317 agreement required by this section with the criteria contained
318 in subsection (3) and this subsection. In order to have
319 standing, each person must have submitted oral or written
320 comments, recommendations, or objections to the local government
321 or the school board before the adoption of the interlocal
322 agreement by the district school board and local government. The
323 district school board and local governments are parties to any
324 such proceeding. In this proceeding, when the state land
325 planning agency finds the interlocal agreement to be consistent
326 with the criteria in subsection (3) and this subsection, the
327 interlocal agreement must be determined to be consistent with
328 subsection (3) and this subsection if the local government’s and
329 school board’s determination of consistency is fairly debatable.
330 When the state land planning agency finds the interlocal
331 agreement to be inconsistent with the requirements of subsection
332 (3) and this subsection, the local government’s and school
333 board’s determination of consistency shall be sustained unless
334 it is shown by a preponderance of the evidence that the
335 interlocal agreement is inconsistent.
336 (c) If the state land planning agency enters a final order
337 that finds that the interlocal agreement is inconsistent with
338 the requirements of subsection (3) or this subsection, the state
339 land planning agency shall forward it to the Administration
340 Commission, which may impose sanctions against the local
341 government pursuant to s. 163.3184(11) and may impose sanctions
342 against the district school board by directing the Department of
343 Education to withhold an equivalent amount of funds for school
344 construction available pursuant to ss. 1013.65, 1013.68,
345 1013.70, and 1013.72.
346 (5) If an executed interlocal agreement is not timely
347 submitted to the state land planning agency for review, the
348 state land planning agency shall, within 15 working days after
349 the deadline for submittal, issue to the local government and
350 the district school board a notice to show cause why sanctions
351 should not be imposed for failure to submit an executed
352 interlocal agreement by the deadline established by the agency.
353 The agency shall forward the notice and the responses to the
354 Administration Commission, which may enter a final order citing
355 the failure to comply and imposing sanctions against the local
356 government and district school board by directing the
357 appropriate agencies to withhold at least 5 percent of state
358 funds pursuant to s. 163.3184(11) and by directing the
359 Department of Education to withhold from the district school
360 board at least 5 percent of funds for school construction
361 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
362 1013.72.
363 (6) Any local government transmitting a public school
364 element to implement school concurrency pursuant to the
365 requirements of s. 163.3180 before the effective date of this
366 section is not required to amend the element or any interlocal
367 agreement to conform with the provisions of subsections (2)-(6)
368 if the element is adopted prior to or within 1 year after the
369 effective date of subsections (2)-(6) and remains in effect.
370 (7) A board and the local governing body must share and
371 coordinate information related to existing and planned school
372 facilities; proposals for development, redevelopment, or
373 additional development; and infrastructure required to support
374 the school facilities, concurrent with proposed development. A
375 school board shall use information produced by the demographic,
376 revenue, and education estimating conferences pursuant to s.
377 216.136 when preparing the district educational facilities plan
378 pursuant to s. 1013.35, as modified and agreed to by the local
379 governments, when provided by interlocal agreement, and the
380 Office of Educational Facilities, in consideration of local
381 governments’ population projections, to ensure that the district
382 educational facilities plan not only reflects enrollment
383 projections but also considers applicable municipal and county
384 growth and development projections. The projections must be
385 apportioned geographically with assistance from the local
386 governments using local government trend data and the school
387 district student enrollment data. A school board is precluded
388 from siting a new school in a jurisdiction where the school
389 board has failed to provide the annual educational facilities
390 plan for the prior year required pursuant to s. 1013.35 unless
391 the failure is corrected.
392 (8) The location of educational facilities shall be
393 consistent with the comprehensive plan of the appropriate local
394 governing body developed under part II of chapter 163 and
395 consistent with the plan’s implementing land development
396 regulations.
397 (9) To improve coordination relative to potential
398 educational facility sites, a board shall provide written notice
399 to the local government that has regulatory authority over the
400 use of the land consistent with an interlocal agreement entered
401 pursuant to subsections (2)-(6) at least 60 days prior to
402 acquiring or leasing property that may be used for a new public
403 educational facility. The local government, upon receipt of this
404 notice, shall notify the board within 45 days if the site
405 proposed for acquisition or lease is consistent with the land
406 use categories and policies of the local government’s
407 comprehensive plan. This preliminary notice does not constitute
408 the local government’s determination of consistency pursuant to
409 subsection (10).
410 (10) As early in the design phase as feasible and
411 consistent with an interlocal agreement entered pursuant to
412 subsections (2)-(6), but no later than 90 days before commencing
413 construction, the district school board shall in writing request
414 a determination of consistency with the local government’s
415 comprehensive plan. The local governing body that regulates the
416 use of land shall determine, in writing within 45 days after
417 receiving the necessary information and a school board’s request
418 for a determination, whether a proposed educational facility is
419 consistent with the local comprehensive plan and consistent with
420 local land development regulations. If the determination is
421 affirmative, school construction may commence and further local
422 government approvals are not required, except as provided in
423 this section. Failure of the local governing body to make a
424 determination in writing within 90 days after a district school
425 board’s request for a determination of consistency shall be
426 considered an approval of the district school board’s
427 application. Campus master plans and development agreements must
428 comply with the provisions of s. 1013.30.
429 (11) A local governing body may not deny the site applicant
430 based on adequacy of the site plan as it relates solely to the
431 needs of the school. If the site is consistent with the
432 comprehensive plan’s land use policies and categories in which
433 public schools are identified as allowable uses, the local
434 government may not deny the application but it may impose
435 reasonable development standards and conditions in accordance
436 with s. 1013.51(1) and consider the site plan and its adequacy
437 as it relates to environmental concerns, health, safety and
438 welfare, and effects on adjacent property. Standards and
439 conditions may not be imposed which conflict with those
440 established in this chapter or the Florida Building Code, unless
441 mutually agreed and consistent with the interlocal agreement
442 required by subsections (2)-(6).
443 (12) This section does not prohibit a local governing body
444 and district school board from agreeing and establishing an
445 alternative process for reviewing a proposed educational
446 facility and site plan, and offsite impacts, pursuant to an
447 interlocal agreement adopted in accordance with subsections (2)
448 (6).
449 (13) Existing schools shall be considered consistent with
450 the applicable local government comprehensive plan adopted under
451 part II of chapter 163. If a board submits an application to
452 expand an existing school site, the local governing body may
453 impose reasonable development standards and conditions on the
454 expansion only, and in a manner consistent with s. 1013.51(1).
455 Standards and conditions may not be imposed which conflict with
456 those established in this chapter or the Florida Building Code,
457 unless mutually agreed. Local government review or approval is
458 not required for:
459 (a) The placement of temporary or portable classroom
460 facilities; or
461 (b) Proposed renovation or construction on existing school
462 sites, with the exception of construction that changes the
463 primary use of a facility, includes stadiums, or results in a
464 greater than 5 percent increase in student capacity, or as
465 mutually agreed upon, pursuant to an interlocal agreement
466 adopted in accordance with subsections (2)-(6).
467 Section 3. Paragraph (b) of subsection (2) and subsection
468 (3) of section 1013.35, Florida Statutes, are amended to read:
469 1013.35 School district educational facilities plan;
470 definitions; preparation, adoption, and amendment; long-term
471 work programs.—
472 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
473 FACILITIES PLAN.—
474 (b) The plan must also include a financially feasible
475 district facilities work program for a 5-year period. The work
476 program must include:
477 1. A schedule of major repair and renovation projects
478 necessary to maintain the educational facilities and ancillary
479 facilities of the district.
480 2. A schedule of capital outlay projects necessary to
481 ensure the availability of satisfactory student stations for the
482 projected student enrollment in K-12 programs. This schedule
483 shall consider:
484 a. The locations, capacities, and planned utilization rates
485 of current educational facilities of the district. The capacity
486 of existing satisfactory facilities, as reported in the Florida
487 Inventory of School Houses must be compared to the capital
488 outlay full-time-equivalent student enrollment as determined by
489 the department, including all enrollment used in the calculation
490 of the distribution formula in s. 1013.64.
491 b. The proposed locations of planned facilities, whether
492 those locations are consistent with the comprehensive plans of
493 all affected local governments, and recommendations for
494 infrastructure and other improvements to land adjacent to
495 existing facilities. The provisions of s. 1013.36 ss.
496 1013.33(10), (11), and (12) and 1013.36 must be addressed for
497 new facilities planned within the first 3 years of the work
498 plan, as appropriate.
499 c. Plans for the use and location of relocatable
500 facilities, leased facilities, and charter school facilities.
501 d. Plans for multitrack scheduling, grade level
502 organization, block scheduling, or other alternatives that
503 reduce the need for additional permanent student stations.
504 e. Information concerning average class size and
505 utilization rate by grade level within the district which will
506 result if the tentative district facilities work program is
507 fully implemented.
508 f. The number and percentage of district students planned
509 to be educated in relocatable facilities during each year of the
510 tentative district facilities work program. For determining
511 future needs, student capacity may not be assigned to any
512 relocatable classroom that is scheduled for elimination or
513 replacement with a permanent educational facility in the current
514 year of the adopted district educational facilities plan and in
515 the district facilities work program adopted under this section.
516 Those relocatable classrooms clearly identified and scheduled
517 for replacement in a school-board-adopted, financially feasible,
518 5-year district facilities work program shall be counted at zero
519 capacity at the time the work program is adopted and approved by
520 the school board. However, if the district facilities work
521 program is changed and the relocatable classrooms are not
522 replaced as scheduled in the work program, the classrooms must
523 be reentered into the system and be counted at actual capacity.
524 Relocatable classrooms may not be perpetually added to the work
525 program or continually extended for purposes of circumventing
526 this section. All relocatable classrooms not identified and
527 scheduled for replacement, including those owned, lease
528 purchased, or leased by the school district, must be counted at
529 actual student capacity. The district educational facilities
530 plan must identify the number of relocatable student stations
531 scheduled for replacement during the 5-year survey period and
532 the total dollar amount needed for that replacement.
533 g. Plans for the closure of any school, including plans for
534 disposition of the facility or usage of facility space, and
535 anticipated revenues.
536 h. Projects for which capital outlay and debt service funds
537 accruing under s. 9(d), Art. XII of the State Constitution are
538 to be used shall be identified separately in priority order on a
539 project priority list within the district facilities work
540 program.
541 3. The projected cost for each project identified in the
542 district facilities work program. For proposed projects for new
543 student stations, a schedule shall be prepared comparing the
544 planned cost and square footage for each new student station, by
545 elementary, middle, and high school levels, to the low, average,
546 and high cost of facilities constructed throughout the state
547 during the most recent fiscal year for which data is available
548 from the Department of Education.
549 4. A schedule of estimated capital outlay revenues from
550 each currently approved source which is estimated to be
551 available for expenditure on the projects included in the
552 district facilities work program.
553 5. A schedule indicating which projects included in the
554 district facilities work program will be funded from current
555 revenues projected in subparagraph 4.
556 6. A schedule of options for the generation of additional
557 revenues by the district for expenditure on projects identified
558 in the district facilities work program which are not funded
559 under subparagraph 5. Additional anticipated revenues may
560 include effort index grants, SIT Program awards, and Classrooms
561 First funds.
562 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL FACILITIES
563 PLAN TO LOCAL GOVERNMENT.—The district school board shall submit
564 a copy of its tentative district educational facilities plan to
565 all affected local governments prior to adoption by the board.
566 The affected local governments shall review the tentative
567 district educational facilities plan and comment to the district
568 school board on the consistency of the plan with the local
569 comprehensive plan, whether a comprehensive plan amendment will
570 be necessary for any proposed educational facility, and whether
571 the local government supports a necessary comprehensive plan
572 amendment. If the local government does not support a
573 comprehensive plan amendment for a proposed educational
574 facility, the matter shall be resolved pursuant to the
575 interlocal agreement when required by ss. 163.3177(6)(h) and,
576 163.31777, and 1013.33(2). The process for the submittal and
577 review shall be detailed in the interlocal agreement when
578 required pursuant to ss. 163.3177(6)(h) and, 163.31777, and
579 1013.33(2).
580 Section 4. Section 1013.351, Florida Statutes, is amended
581 to read:
582 1013.351 Coordination of planning between the Florida
583 School for the Deaf and the Blind and local governing bodies.—
584 (1) As used in this section, the term:
585 (a) “Board of Trustees” means the Board of Trustees of the
586 Florida School for the Deaf and the Blind.
587 (b) “Local government” means the municipality or county in
588 which the school is located.
589 (c) “School” means the Florida School for the Deaf and the
590 Blind.
591 (2) It is the policy of this state to require the board of
592 trustees to coordinate planning for new facilities with local
593 governments to ensure that plans for site acquisition,
594 construction, and opening of new facilities of the school are
595 facilitated, concurrent with other necessary services. The
596 planning shall include the integration of the educational plant
597 survey for the school and applicable policies and procedures of
598 the board of trustees with the local comprehensive plan and land
599 development regulations of the local governments. The planning
600 must consider the effect of the location of new facilities to be
601 located on property acquired on or after January 1, 1998,
602 including the efficient use of local infrastructure, the
603 proximity of the proposed new facilities to the school’s
604 existing campus, and the effect and impact of any property
605 proposed to be acquired by the school after the effective date
606 of this act. In addition, all parties to the planning process
607 must consult with state and local road departments to assist in
608 implementing the Safe Paths to Schools Program administered by
609 the Department of Transportation.
610 (3) The board of trustees and the municipality in which the
611 school is located may enter into an interlocal agreement to
612 establish the specific ways in which the plans and processes of
613 the board of trustees and the local government are to be
614 coordinated. If the school and local government enter into an
615 interlocal agreement, the agreement must be submitted to the
616 state land planning agency and the Office of Educational
617 Facilities.
618 (4) At a minimum, an interlocal agreement must address the
619 following issues:
620 (a) The process by which each local government and the
621 board of trustees will agree and base their plans on consistent
622 projections of the growth and needs of the school’s student
623 enrollment.
624 (b) A process to coordinate and share information relating
625 to planned expansions of the school’s facilities.
626 (c) Participation by affected local governments when the
627 board of trustees is evaluating potential land acquisitions
628 before the land acquisition occurs and when the board of
629 trustees proposes uses for property acquired by the board of
630 trustees on or after January 1, 1998. The local governments
631 shall advise the board of trustees as to the consistency of any
632 future land acquisitions and the uses proposed by the school for
633 lands acquired on or after January 1, 1998, including
634 appropriate circumstances and criteria under which the board of
635 trustees may request an amendment to the comprehensive plan for
636 the expansion of the school’s campus or for school facilities to
637 be located on property acquired by the board of trustees on or
638 after January 1, 1998.
639 (d) A process for determining the need for and timing of
640 onsite and offsite improvements to support new facilities that
641 are to be located on property acquired by the board of trustees
642 on or after January 1, 1998, except new facilities for which a
643 construction contract was entered on or before the effective
644 date of this act. The process shall address identification of
645 the party or parties responsible for the improvements.
646 (e) A process for the board of trustees to inform local
647 governments of the school’s enrollment demographics and its
648 capacity to meet it. The capacity reporting must identify how
649 the board of trustees will meet the demands for enrollment at
650 the school, based on the educational plant survey required by s.
651 1013.31.
652 (f) A process for determining where and how joint use of
653 the school or local government facilities can be shared for
654 mutual benefit and efficiency.
655 (g) A procedure for resolving disputes between the board of
656 trustees and local governments, which may include the dispute
657 resolution processes contained in chapters 164 and 186.
658
659 The board of trustees and the local governments may choose not
660 to include a provision meeting the requirements of paragraph
661 (e). However, this decision may be made only after a public
662 hearing on the proposed decision, which may include the public
663 hearing at which the board of trustees or the local governments
664 adopt the interlocal agreements. An interlocal agreement entered
665 into under this section must be consistent with the adopted
666 comprehensive plan and land development regulations of the local
667 governments.
668 (5)(a) The Office of Educational Facilities shall submit
669 any comments or concerns regarding the executed interlocal
670 agreements to the state land planning agency no later than 30
671 days after receipt of the executed interlocal agreements. The
672 state land planning agency shall review the executed interlocal
673 agreements to determine whether they are consistent with the
674 requirements of subsection (4), the adopted local government
675 comprehensive plans, and other requirements of law. Not later
676 than 60 days after receipt of an executed interlocal agreement,
677 the state land planning agency shall publish a notice of intent
678 in the Florida Administrative Weekly. The notice of intent must
679 state that the interlocal agreement is consistent or
680 inconsistent with the requirements of subsection (4) and this
681 subsection as appropriate.
682 (b)1. The state land planning agency’s notice is subject to
683 challenge under chapter 120. However, an affected person, as
684 defined in s. 163.3184, has standing to initiate the
685 administrative proceeding, and this proceeding is the sole means
686 available to challenge the consistency of an interlocal
687 agreement with the criteria contained in subsection (4) and this
688 subsection. In order to have standing, a person must have
689 submitted oral or written comments, recommendations, or
690 objections to the appropriate local government or the board of
691 trustees before the adoption of the interlocal agreement by the
692 board of trustees and local government. The board of trustees
693 and the appropriate local government are parties to any such
694 proceeding.
695 2. In the administrative proceeding, if the state land
696 planning agency finds the interlocal agreement to be consistent
697 with the criteria in subsection (4) and this subsection, the
698 interlocal agreement must be determined to be consistent with
699 subsection (4) and this subsection if the local government and
700 board of trustees is fairly debatable.
701 3. If the state land planning agency finds the interlocal
702 agreement to be inconsistent with the requirements of subsection
703 (4) and this subsection, the determination of consistency by the
704 local government and board of trustees shall be sustained unless
705 it is shown by a preponderance of the evidence that the
706 interlocal agreement is inconsistent.
707 (c) If the state land planning agency enters a final order
708 that finds that the interlocal agreement is inconsistent with
709 the requirements of subsection (4) or this subsection, the state
710 land planning agency shall identify the issues in dispute and
711 submit the matter to the Administration Commission for final
712 action. The report to the Administration Commission must list
713 each issue in dispute, describe the nature and basis for each
714 dispute, identify alternative resolutions of each dispute, and
715 make recommendations. After receiving the report from the state
716 land planning agency, the Administration Commission shall take
717 action to resolve the issues. In deciding upon a proper
718 resolution, the Administration Commission shall consider the
719 nature of the issues in dispute, the compliance of the parties
720 with this section, the extent of the conflict between the
721 parties, the comparative hardships, and the public interest
722 involved. In resolving the matter, the Administration Commission
723 may prescribe, by order, the contents of the interlocal
724 agreement which shall be executed by the board of trustees and
725 the local government.
726 (5)(6) An interlocal agreement may be amended under
727 subsections (2)-(4) (2)-(5):
728 (a) In conjunction with updates to the school’s educational
729 plant survey prepared under s. 1013.31; or
730 (b) If either party delays by more than 12 months the
731 construction of a capital improvement identified in the
732 agreement.
733 (6)(7) This section does not prohibit a local governing
734 body and the board of trustees from agreeing and establishing an
735 alternative process for reviewing proposed expansions to the
736 school’s campus and offsite impacts, under the interlocal
737 agreement adopted in accordance with subsections (2)-(5) (2)
738 (6).
739 (7)(8) School facilities within the geographic area or the
740 campus of the school as it existed on or before January 1, 1998,
741 are consistent with the local government’s comprehensive plan
742 developed under part II of chapter 163 and consistent with the
743 plan’s implementing land development regulations. School
744 facilities, and all uses, structures, fences, enclosures, and
745 walls that exist on school facilities as of July 1, 2012, are
746 vested. The local government shall cooperate with the school to
747 allow for restoration of school facilities, and all uses,
748 structures, fences, enclosures, and walls that exist on school
749 facilities. School facilities, and all uses, structures, fences,
750 enclosures, and walls that exist on school facilities, shall
751 comply with the state Fair Housing Act, the federal Fair Housing
752 Act, and the Americans with Disabilities Act of 1990.
753 (8)(9) To improve coordination relative to potential
754 educational facility sites, the board of trustees shall provide
755 written notice to the local governments consistent with the
756 interlocal agreements entered under subsections (2)-(5) (2)-(6)
757 at least 60 days before the board of trustees acquires any
758 additional property. The local government shall notify the board
759 of trustees no later than 45 days after receipt of this notice
760 if the site proposed for acquisition is consistent with the land
761 use categories and policies of the local government’s
762 comprehensive plan. This preliminary notice does not constitute
763 the local government’s determination of consistency under
764 subsection (9) (10).
765 (9)(10) As early in the design phase as feasible, but no
766 later than 90 days before commencing construction, the board of
767 trustees shall request in writing a determination of consistency
768 with the local government’s comprehensive plan and local
769 development regulations for the proposed use of any property
770 acquired by the board of trustees on or after January 1, 1998.
771 The local governing body that regulates the use of land shall
772 determine, in writing, no later than 45 days after receiving the
773 necessary information and a school board’s request for a
774 determination, whether a proposed use of the property is
775 consistent with the local comprehensive plan and consistent with
776 local land development regulations. If the local governing body
777 determines the proposed use is consistent, construction may
778 commence and additional local government approvals are not
779 required, except as provided in this section. Failure of the
780 local governing body to make a determination in writing within
781 90 days after receiving the board of trustees’ request for a
782 determination of consistency shall be considered an approval of
783 the board of trustees’ application. This subsection does not
784 apply to facilities to be located on the property if a contract
785 for construction of the facilities was entered on or before the
786 effective date of this act.
787 (10)(11) Disputes that arise in the implementation of an
788 executed interlocal agreement or in the determinations required
789 pursuant to subsection (8) (9) or subsection (9) (10) must be
790 resolved in accordance with chapter 164.
791 Section 5. Subsection (6) of section 1013.36, Florida
792 Statutes, is amended to read:
793 1013.36 Site planning and selection.—
794 (6) If the school board and local government have entered
795 into an interlocal agreement pursuant to s. 1013.33(2) and
796 either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
797 process to ensure consistency between the local government
798 comprehensive plan and the school district educational
799 facilities plan, site planning and selection must be consistent
800 with the interlocal agreements and the plans.
801 Section 6. This act shall take effect July 1, 2012.