Senate Bill 2380c1

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    Florida Senate - 1999                           CS for SB 2380

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Rossin




    316-2101-99

  1                      A bill to be entitled

  2         An act relating to local government

  3         comprehensive planning; amending s. 163.3187,

  4         F.S.; providing that a limitation on amendments

  5         to a local government's comprehensive plan does

  6         not apply to amendments necessary to establish

  7         public school concurrency; requiring all local

  8         government public school facilities elements

  9         within a county to be prepared and adopted on a

10         similar time schedule; amending s. 163.3177,

11         F.S.; revising requirements relating to

12         inclusion of school siting elements in

13         comprehensive plans; providing an effective

14         date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Paragraph (h) is added to subsection (1) of

19  section 163.3187, Florida Statutes, 1998 Supplement, to read:

20         163.3187  Amendment of adopted comprehensive plan.--

21         (1)  Amendments to comprehensive plans adopted pursuant

22  to this part may be made not more than two times during any

23  calendar year, except:

24         (h)  Any comprehensive plan amendment to establish

25  public school concurrency pursuant to s. 163.3180(12),

26  including, but not limited to, adoption of a public school

27  facilities element and adoption of amendments to the capital

28  improvements element and intergovernmental coordination

29  element. In order to ensure the consistency of local

30  government public school facilities elements within a county,

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    Florida Senate - 1999                           CS for SB 2380
    316-2101-99




  1  such elements shall be prepared and adopted on a similar time

  2  schedule.

  3         Section 2.  Paragraph (a) of subsection (6) of section

  4  163.3177, Florida Statutes, 1998 Supplement, is amended to

  5  read:

  6         163.3177  Required and optional elements of

  7  comprehensive plan; studies and surveys.--

  8         (6)  In addition to the requirements of subsections

  9  (1)-(5), the comprehensive plan shall include the following

10  elements:

11         (a)  A future land use plan element designating

12  proposed future general distribution, location, and extent of

13  the uses of land for residential uses, commercial uses,

14  industry, agriculture, recreation, conservation, education,

15  public buildings and grounds, other public facilities, and

16  other categories of the public and private uses of land.  The

17  future land use plan shall include standards to be followed in

18  the control and distribution of population densities and

19  building and structure intensities.  The proposed

20  distribution, location, and extent of the various categories

21  of land use shall be shown on a land use map or map series

22  which shall be supplemented by goals, policies, and measurable

23  objectives.  Each land use category shall be defined in terms

24  of the types of uses included and specific standards for the

25  density or intensity of use.  The future land use plan shall

26  be based upon surveys, studies, and data regarding the area,

27  including the amount of land required to accommodate

28  anticipated growth; the projected population of the area; the

29  character of undeveloped land; the availability of public

30  services; and the need for redevelopment, including the

31  renewal of blighted areas and the elimination of nonconforming

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    Florida Senate - 1999                           CS for SB 2380
    316-2101-99




  1  uses which are inconsistent with the character of the

  2  community. The future land use plan may designate areas for

  3  future planned development use involving combinations of types

  4  of uses for which special regulations may be necessary to

  5  ensure development in accord with the principles and standards

  6  of the comprehensive plan and this act.  The future land use

  7  plan of a county may also designate areas for possible future

  8  municipal incorporation.  The land use maps or map series

  9  shall generally identify and depict historic district

10  boundaries and shall designate historically significant

11  properties meriting protection.  The future land use element

12  must clearly identify the land use categories in which public

13  schools are an allowable use.  When delineating the land use

14  categories in which public schools are an allowable use, a

15  local government shall include in the categories sufficient

16  land proximate to residential development to meet the

17  projected needs for schools in coordination with public school

18  boards and may establish differing criteria for schools of

19  different type or size.  Each local government shall include

20  lands contiguous to existing school sites, to the maximum

21  extent possible, within the land use categories in which

22  public schools are an allowable use. All comprehensive plans

23  must comply with the school siting requirements of this

24  paragraph no later than October 1, 1999, or the deadline for

25  the local government evaluation and appraisal report,

26  whichever occurs first. The failure by a local government to

27  comply with these school siting requirements by October 1,

28  1999, this requirement will result in the prohibition of the

29  local government's ability to amend the local comprehensive

30  plan, except for plan amendments described in paragraph

31  163.3187(1)(b), until the school siting requirements are met

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    Florida Senate - 1999                           CS for SB 2380
    316-2101-99




  1  as provided by s. 163.3187(6). An amendment proposed by a

  2  local government for purposes of identifying the land use

  3  categories in which public schools are an allowable use is

  4  exempt from the limitation on the frequency of plan amendments

  5  contained in s. 163.3187. The future land use element shall

  6  include criteria which encourage the location of schools

  7  proximate to urban residential areas to the extent possible

  8  and shall require that the local government seek to collocate

  9  public facilities, such as parks, libraries, and community

10  centers, with schools to the extent possible.

11         Section 3.  This act shall take effect upon becoming a

12  law.

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14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2380

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17  Clarifies the requirement that local government comprehensive
    plans comply with school siting requirements of October 1,
18  1999, and that if this deadline is not met, that the local
    government will not be able to amend its comprehensive plan
19  until the school siting requirements are met, with the
    exception of amendments related to a development of regional
20  impact.

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