Senate Bill 2380e1

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  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; amending s. 235.193, F.S.;

14         providing that certain public educational

15         facilities are not inconsistent with local

16         comprehensive plans under certain

17         circumstances; amending s. 234.021, F.S.;

18         providing criteria for district school boards

19         and local governmental entities to consider in

20         determining hazardous walking conditions for

21         students; amending s. 163.362, F.S.; clarifying

22         space requirements for certain publicly owned

23         buildings located in community redevelopment

24         areas; providing an effective date.

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

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

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

30         163.3187  Amendment of adopted comprehensive plan.--

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    CS for SB 2380                                 First Engrossed



  1         (1)  Amendments to comprehensive plans adopted pursuant

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

  3  calendar year, except:

  4         (h)  Any comprehensive plan amendment to establish

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

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

  7  facilities element and adoption of amendments to the capital

  8  improvements element and intergovernmental coordination

  9  element. In order to ensure the consistency of local

10  government public school facilities elements within a county,

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

12  schedule.

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

14  163.3177, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         163.3177  Required and optional elements of

17  comprehensive plan; studies and surveys.--

18         (6)  In addition to the requirements of subsections

19  (1)-(5), the comprehensive plan shall include the following

20  elements:

21         (a)  A future land use plan element designating

22  proposed future general distribution, location, and extent of

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

24  industry, agriculture, recreation, conservation, education,

25  public buildings and grounds, other public facilities, and

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

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

28  the control and distribution of population densities and

29  building and structure intensities.  The proposed

30  distribution, location, and extent of the various categories

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


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

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

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

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

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

  6  including the amount of land required to accommodate

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

  8  character of undeveloped land; the availability of public

  9  services; and the need for redevelopment, including the

10  renewal of blighted areas and the elimination of nonconforming

11  uses which are inconsistent with the character of the

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

13  future planned development use involving combinations of types

14  of uses for which special regulations may be necessary to

15  ensure development in accord with the principles and standards

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

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

18  municipal incorporation.  The land use maps or map series

19  shall generally identify and depict historic district

20  boundaries and shall designate historically significant

21  properties meriting protection.  The future land use element

22  must clearly identify the land use categories in which public

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

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

25  local government shall include in the categories sufficient

26  land proximate to residential development to meet the

27  projected needs for schools in coordination with public school

28  boards and may establish differing criteria for schools of

29  different type or size.  Each local government shall include

30  lands contiguous to existing school sites, to the maximum

31  extent possible, within the land use categories in which


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  1  public schools are an allowable use. All comprehensive plans

  2  must comply with the school siting requirements of this

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

  4  the local government evaluation and appraisal report,

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

  6  comply with these school siting requirements by October 1,

  7  1999, this requirement will result in the prohibition of the

  8  local government's ability to amend the local comprehensive

  9  plan, except for plan amendments described in paragraph

10  163.3187(1)(b), until the school siting requirements are met

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

12  local government for purposes of identifying the land use

13  categories in which public schools are an allowable use is

14  exempt from the limitation on the frequency of plan amendments

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

16  include criteria which encourage the location of schools

17  proximate to urban residential areas to the extent possible

18  and shall require that the local government seek to collocate

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

20  centers, with schools to the extent possible.

21         Section 3.  Subsections (3) and (8) of section 235.193,

22  Florida Statutes, 1998 Supplement, are amended to read:

23         235.193  Coordination of planning with local governing

24  bodies.--

25         (3)  The location of public educational facilities

26  shall be consistent with the comprehensive plan of the

27  appropriate local governing body developed under part II of

28  chapter 163 and the plan's implementing land development

29  regulations, to the extent that the regulations are not in

30  conflict with or the subject regulated is not specifically

31  addressed by this chapter or the State Uniform Building Code,


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  1  unless mutually agreed by the local government and the board.

  2  If a local government comprehensive plan restricts the

  3  construction of new public educational facilities to locations

  4  within the existing primary urban service district, a proposed

  5  new public educational facility located outside the primary

  6  urban services district is not inconsistent with the

  7  comprehensive plan of the appropriate local governing body if

  8  that facility is designed to serve students residing in, or

  9  projected to be residing in, residential development located

10  outside the primary urban services district which has been

11  previously approved or allowed by the local government.

12         (8)  Existing schools shall be considered consistent

13  with the applicable local government comprehensive plan

14  adopted under part II of chapter 163.  The collocation of a

15  new proposed public educational facility with an existing

16  public educational facility, or the expansion of an existing

17  public educational facility is not inconsistent with the local

18  comprehensive plan, if the site is consistent with the

19  comprehensive plan's future land use policies and categories

20  in which public schools are identified as allowable uses, and

21  levels of service adopted by the local government for any

22  facilities affected by the proposed location for the new

23  facility are maintained. If a board submits an application to

24  expand an existing school site, the local governing body may

25  impose reasonable development standards and conditions on the

26  expansion only, and in a manner consistent with s. 235.34(1).

27  Standards and conditions may not be imposed which conflict

28  with those established in this chapter or the State Uniform

29  Building Code, unless mutually agreed.  Local government

30  review or approval is not required for:

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  1         (a)  The placement of temporary or portable classroom

  2  facilities; or

  3         (b)  Proposed renovation or construction on existing

  4  school sites, with the exception of construction that changes

  5  the primary use of a facility, includes stadiums, or results

  6  in a greater than 5 percent increase in student capacity, or

  7  as mutually agreed.

  8         Section 4.  Paragraph (b) of subsection (2) and

  9  subsection (3) of section 234.021, Florida Statutes, are

10  amended to read:

11         234.021  Hazardous walking conditions.--

12         (2)  IDENTIFICATION.--

13         (b)  It is intended that district school boards and

14  local governmental entities work cooperatively to identify

15  conditions that which are hazardous to students who must walk

16  to school.  The It is further intended that state or local

17  governmental entities having jurisdiction are requested to

18  make appropriate budgetary allocations to correct such

19  hazardous conditions within a reasonable period of time after

20  the local school district notifies the responsible

21  governmental entities of the hazardous conditions.

22         (3)  CRITERIA FOR DETERMINING HAZARDOUS WALKING

23  CONDITIONS.--

24         (a)  Walkways parallel to the road.--

25         1.  It shall be considered a hazardous walking

26  condition with respect to any road along which students must

27  walk in order to walk to and from school if there is not an

28  area at least 4 feet wide adjacent to the road which has at

29  least a 4-foot, wide reasonably flat and obstacle-free, having

30  a surface upon which students may walk without being required

31  to walk on the road surface.  In addition, whenever the road


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  1  along which students must walk is uncurbed and has a posted

  2  speed limit of 55 miles per hour, the area as described above

  3  for students to walk upon shall be set off the road by no less

  4  than 3 feet from the edge of the road.

  5         2.  The provisions of Subparagraph 1. does do not apply

  6  when the road along which students must walk:

  7         a.  Is in a residential area which has little or no

  8  transient traffic;

  9         b.  Is a road on which the volume of traffic is less

10  than 180 vehicles per hour, per direction, during the time

11  students walk to and from school; or

12         c.  Is located in a residential area and has a posted

13  speed limit of 30 miles per hour or less.

14         (b)  Walkways perpendicular to the road.--It shall be

15  considered a hazardous walking condition with respect to any

16  road across which students must walk in order to walk to and

17  from school:

18         1.  If the traffic volume on such road exceeds the rate

19  of 360 vehicles per hour, per direction (including all lanes),

20  during the time students walk to and from school and if the

21  crossing site is uncontrolled. As used in For purposes of this

22  subsection, the term an "uncontrolled crossing site" means is

23  defined as an intersection or other designated crossing site

24  where no crossing guard, traffic enforcement officer, or stop

25  sign or other traffic control signal is present during the

26  times students walk to and from school.

27         2.  If the total traffic volume on such road exceeds

28  4,000 vehicles per hour through an intersection or other

29  crossing site controlled by a stop sign or other traffic

30  control signal, unless crossing guards or other traffic

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  1  enforcement officers are also present during the times

  2  students walk to and from school.

  3         3.  If the roadway has six or more through lanes,

  4  excluding turn lanes, and the traffic volume exceeds 3,000

  5  vehicles per hour through an intersection, whether or not

  6  crossing guards or other enforcement officers are also present

  7  during the times students walk to and from school.

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  9  Traffic volume must shall be determined by the most current

10  traffic engineering study conducted by a state or local

11  governmental agency.

12         Section 5.  Subsection (4) of section 163.362, Florida

13  Statutes, is amended to read:

14         163.362  Contents of community redevelopment

15  plan.--Every community redevelopment plan shall:

16         (4)  Identify specifically any publicly funded capital

17  projects to be undertaken within the community redevelopment

18  area. In cases where such projects include a county-owned

19  courthouse or court complex, such a facility is exempt from

20  the office space requirements of s. 27.34(2), except that

21  space shall be provided in an amount not less than that

22  provided in the Department of Management Services office space

23  standards.

24         Section 6.  This act shall take effect upon becoming a

25  law.

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