Senate Bill 2380e2

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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; providing guidelines for

14         determining the suitability of soils for septic

15         tanks; providing legislative intent; amending

16         s. 235.193, F.S.; providing that certain public

17         educational facilities are not inconsistent

18         with local comprehensive plans under certain

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

20         providing criteria for district school boards

21         and local governmental entities to consider in

22         determining hazardous walking conditions for

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

24         space requirements for certain publicly owned

25         buildings located in community redevelopment

26         areas; providing an effective date.

27

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

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

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


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  1         163.3187  Amendment of adopted comprehensive plan.--

  2         (1)  Amendments to comprehensive plans adopted pursuant

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

  4  calendar year, except:

  5         (h)  Any comprehensive plan amendment to establish

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

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

  8  facilities element and adoption of amendments to the capital

  9  improvements element and intergovernmental coordination

10  element. In order to ensure the consistency of local

11  government public school facilities elements within a county,

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

13  schedule.

14         Section 2.  Paragraphs (a) and (c)  of subsection (6)

15  of section 163.3177, Florida Statutes, 1998 Supplement, are

16  amended to read:

17         163.3177  Required and optional elements of

18  comprehensive plan; studies and surveys.--

19         (6)  In addition to the requirements of subsections

20  (1)-(5), the comprehensive plan shall include the following

21  elements:

22         (a)  A future land use plan element designating

23  proposed future general distribution, location, and extent of

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

25  industry, agriculture, recreation, conservation, education,

26  public buildings and grounds, other public facilities, and

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

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

29  the control and distribution of population densities and

30  building and structure intensities.  The proposed

31  distribution, location, and extent of the various categories


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

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

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

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

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

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

  7  including the amount of land required to accommodate

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

  9  character of undeveloped land; the availability of public

10  services; and the need for redevelopment, including the

11  renewal of blighted areas and the elimination of nonconforming

12  uses which are inconsistent with the character of the

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

14  future planned development use involving combinations of types

15  of uses for which special regulations may be necessary to

16  ensure development in accord with the principles and standards

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

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

19  municipal incorporation.  The land use maps or map series

20  shall generally identify and depict historic district

21  boundaries and shall designate historically significant

22  properties meriting protection.  The future land use element

23  must clearly identify the land use categories in which public

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

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

26  local government shall include in the categories sufficient

27  land proximate to residential development to meet the

28  projected needs for schools in coordination with public school

29  boards and may establish differing criteria for schools of

30  different type or size.  Each local government shall include

31  lands contiguous to existing school sites, to the maximum


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  1  extent possible, within the land use categories in which

  2  public schools are an allowable use. All comprehensive plans

  3  must comply with the school siting requirements of this

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

  5  the local government evaluation and appraisal report,

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

  7  comply with these school siting requirements by October 1,

  8  1999, this requirement will result in the prohibition of the

  9  local government's ability to amend the local comprehensive

10  plan, except for plan amendments described in paragraph

11  163.3187(1)(b), until the school siting requirements are met

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

13  local government for purposes of identifying the land use

14  categories in which public schools are an allowable use is

15  exempt from the limitation on the frequency of plan amendments

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

17  include criteria which encourage the location of schools

18  proximate to urban residential areas to the extent possible

19  and shall require that the local government seek to collocate

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

21  centers, with schools to the extent possible.

22         (c)  A general sanitary sewer, solid waste, drainage,

23  potable water, and natural groundwater aquifer recharge

24  element correlated to principles and guidelines for future

25  land use, indicating ways to provide for future potable water,

26  drainage, sanitary sewer, solid waste, and aquifer recharge

27  protection requirements for the area.  The element may be a

28  detailed engineering plan including a topographic map

29  depicting areas of prime groundwater recharge. The element

30  shall describe the problems and needs and the general

31  facilities that will be required for solution of the problems


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  1  and needs.  The element shall also include a topographic map

  2  depicting any areas adopted by a regional water management

  3  district as prime groundwater recharge areas for the Floridan

  4  or Biscayne aquifers, pursuant to s. 373.0395.  These areas

  5  shall be given special consideration when the local government

  6  is engaged in zoning or considering future land use for said

  7  designated areas.  For areas served by onsite sewage treatment

  8  and disposal systems septic tanks, soil surveys shall be

  9  provided which indicate the suitability of soils for septic

10  tanks. The Legislature acknowledges the state land planning

11  agency's responsibility to review and evaluate comprehensive

12  plan amendments proposing the location, installation, or use

13  of onsite sewage treatment and disposal systems. Except in

14  areas of critical state concern, in reviewing comprehensive

15  plan amendments, the state land planning agency shall not

16  require the use of standards, conditions, or land-use

17  restrictions that are more stringent than or have the effect

18  of being more stringent than the applicable statutes or rules

19  adopted by the Department of Health, the Department of

20  Environmental Protection, or any other agency regarding or

21  affected by the location, installation, or use of onsite

22  sewage treatment and disposal systems.

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

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

25         235.193  Coordination of planning with local governing

26  bodies.--

27         (3)  The location of public educational facilities

28  shall be consistent with the comprehensive plan of the

29  appropriate local governing body developed under part II of

30  chapter 163 and the plan's implementing land development

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


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  1  conflict with or the subject regulated is not specifically

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

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

  4  If a local government comprehensive plan restricts the

  5  construction of new public educational facilities to locations

  6  within the existing primary urban service district, a proposed

  7  new public educational facility located outside the primary

  8  urban services district is not inconsistent with the

  9  comprehensive plan of the appropriate local governing body if

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

11  projected to be residing in, residential development located

12  outside the primary urban services district which has been

13  previously approved or allowed by the local government.

14         (8)  Existing schools shall be considered consistent

15  with the applicable local government comprehensive plan

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

17  new proposed public educational facility with an existing

18  public educational facility, or the expansion of an existing

19  public educational facility is not inconsistent with the local

20  comprehensive plan, if the site is consistent with the

21  comprehensive plan's future land use policies and categories

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

23  levels of service adopted by the local government for any

24  facilities affected by the proposed location for the new

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

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

27  impose reasonable development standards and conditions on the

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

29  Standards and conditions may not be imposed which conflict

30  with those established in this chapter or the State Uniform

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  1  Building Code, unless mutually agreed.  Local government

  2  review or approval is not required for:

  3         (a)  The placement of temporary or portable classroom

  4  facilities; or

  5         (b)  Proposed renovation or construction on existing

  6  school sites, with the exception of construction that changes

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

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

  9  as mutually agreed.

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

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

12  amended to read:

13         234.021  Hazardous walking conditions.--

14         (2)  IDENTIFICATION.--

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

16  local governmental entities work cooperatively to identify

17  conditions that which are hazardous to students who must walk

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

19  governmental entities having jurisdiction are requested to

20  make appropriate budgetary allocations to correct such

21  hazardous conditions within a reasonable period of time after

22  the local school district notifies the responsible

23  governmental entities of the hazardous conditions.

24         (3)  CRITERIA FOR DETERMINING HAZARDOUS WALKING

25  CONDITIONS.--

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

27         1.  It shall be considered a hazardous walking

28  condition with respect to any road along which students must

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

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

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


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  1  a surface upon which students may walk without being required

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

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

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

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

  6  than 3 feet from the edge of the road.

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

  8  when the road along which students must walk:

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

10  transient traffic;

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

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

13  students walk to and from school; or

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

15  speed limit of 30 miles per hour or less.

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

17  considered a hazardous walking condition with respect to any

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

19  from school:

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

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

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

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

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

25  defined as an intersection or other designated crossing site

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

27  sign or other traffic control signal is present during the

28  times students walk to and from school.

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

30  4,000 vehicles per hour through an intersection or other

31  crossing site controlled by a stop sign or other traffic


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  1  control signal, unless crossing guards or other traffic

  2  enforcement officers are also present during the times

  3  students walk to and from school.

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

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

  6  vehicles per hour through an intersection, whether or not

  7  crossing guards or other enforcement officers are also present

  8  during the times students walk to and from school.

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10  Traffic volume must shall be determined by the most current

11  traffic engineering study conducted by a state or local

12  governmental agency.

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

14  Statutes, is amended to read:

15         163.362  Contents of community redevelopment

16  plan.--Every community redevelopment plan shall:

17         (4)  Identify specifically any publicly funded capital

18  projects to be undertaken within the community redevelopment

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

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

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

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

23  provided in the Department of Management Services office space

24  standards.

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

26  law.

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