HOUSE AMENDMENT
    578-146AX-05             Bill No. CS/HBs 1617 & 1487, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Dockery and Alexander offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Subsection (1) of section 163.3174, Florida
18  Statutes, is amended to read:
19         163.3174  Local planning agency.--
20         (1)  The governing body of each local government,
21  individually or in combination as provided in s. 163.3171,
22  shall designate and by ordinance establish a "local planning
23  agency," unless the agency is otherwise established by law.
24  Notwithstanding any special act to the contrary, no later than
25  January 1, 2002, each local planning agency shall include a
26  representative of the district school board as a member. The
27  governing body may designate itself as the local planning
28  agency pursuant to this subsection, with the addition of a
29  representative of the school board. The governing body shall
30  notify the state land planning agency of the establishment of
31  its local planning agency. All local planning agencies shall
                                  1
    File original & 9 copies    05/02/01                          
    hbd0016                     09:56 am         01617-0064-363067

HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 provide opportunities for involvement by district school 2 boards and applicable community college boards, which may be 3 accomplished by formal representation, membership on technical 4 advisory committees, or other appropriate means. The local 5 planning agency shall prepare the comprehensive plan or plan 6 amendment after hearings to be held after public notice and 7 shall make recommendations to the governing body regarding the 8 adoption or amendment of the plan. The agency may be a local 9 planning commission, the planning department of the local 10 government, or other instrumentality, including a countywide 11 planning entity established by special act or a council of 12 local government officials created pursuant to s. 163.02, 13 provided the composition of the council is fairly 14 representative of all the governing bodies in the county or 15 planning area; however: 16 (a) If a joint planning entity is in existence on the 17 effective date of this act which authorizes the governing 18 bodies to adopt and enforce a land use plan effective 19 throughout the joint planning area, that entity shall be the 20 agency for those local governments until such time as the 21 authority of the joint planning entity is modified by law. 22 (b) In the case of chartered counties, the planning 23 responsibility between the county and the several 24 municipalities therein shall be as stipulated in the charter. 25 Section 2. Subsection (12) of section 163.3177, 26 Florida Statutes, is repealed, and paragraphs (a) and (h) of 27 subsection (6) and subsection (11) of said section are amended 28 to read: 29 163.3177 Required and optional elements of 30 comprehensive plan; studies and surveys.-- 31 (6) In addition to the requirements of subsections 2 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (1)-(5), the comprehensive plan shall include the following 2 elements: 3 (a) A future land use plan element designating 4 proposed future general distribution, location, and extent of 5 the uses of land for residential uses, commercial uses, 6 industry, agriculture, recreation, conservation, education, 7 public buildings and grounds, other public facilities, and 8 other categories of the public and private uses of land. The 9 future land use plan shall include standards to be followed in 10 the control and distribution of population densities and 11 building and structure intensities. The proposed 12 distribution, location, and extent of the various categories 13 of land use shall be shown on a land use map or map series 14 which shall be supplemented by goals, policies, and measurable 15 objectives. Each land use category shall be defined in terms 16 of the types of uses included and specific standards for the 17 density or intensity of use. The future land use plan shall 18 be based upon surveys, studies, and data regarding the area, 19 including the amount of land required to accommodate 20 anticipated growth; the projected population of the area; the 21 character of undeveloped land; the availability of public 22 services; the need for redevelopment, including the renewal of 23 blighted areas and the elimination of nonconforming uses which 24 are inconsistent with the character of the community; and, in 25 rural communities, the need for job creation, capital 26 investment, and economic development that will strengthen and 27 diversify the community's economy. The future land use plan 28 may designate areas for future planned development use 29 involving combinations of types of uses for which special 30 regulations may be necessary to ensure development in accord 31 with the principles and standards of the comprehensive plan 3 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 and this act. In addition, for rural communities, the amount 2 of land designated for future planned industrial use shall be 3 based upon surveys and studies that reflect the need for job 4 creation, capital investment, and the necessity to strengthen 5 and diversify the local economies, and shall not be limited 6 solely by the projected population of the rural community. The 7 future land use plan of a county may also designate areas for 8 possible future municipal incorporation. The land use maps or 9 map series shall generally identify and depict historic 10 district boundaries and shall designate historically 11 significant properties meriting protection. The future land 12 use element must clearly identify the land use categories in 13 which public schools are an allowable use. When delineating 14 the land use categories in which public schools are an 15 allowable use, a local government shall include in the 16 categories sufficient land proximate to residential 17 development to meet the projected needs for schools in 18 coordination with public school boards and may establish 19 differing criteria for schools of different type or size. 20 Each local government shall include lands contiguous to 21 existing school sites, to the maximum extent possible, within 22 the land use categories in which public schools are an 23 allowable use. All comprehensive plans must comply with the 24 school siting requirements of this paragraph no later than 25 October 1, 1999. The failure by a local government to comply 26 with these school siting requirements by October 1, 1999, will 27 result in the prohibition of the local government's ability to 28 amend the local comprehensive plan, except for plan amendments 29 described in s. 163.3187(1)(b), until the school siting 30 requirements are met. Amendments An amendment proposed by a 31 local government for purposes of identifying the land use 4 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 categories in which public schools are an allowable use or for 2 adopting or amending the school siting maps pursuant to s. 3 163.31776(6) are is exempt from the limitation on the 4 frequency of plan amendments contained in s. 163.3187. The 5 future land use element shall include criteria which encourage 6 the location of schools proximate to urban residential areas 7 to the extent possible and shall require that the local 8 government seek to collocate public facilities, such as parks, 9 libraries, and community centers, with schools, and shall 10 include criteria which encourage using elementary schools as 11 focal points for neighborhoods to the extent possible. For 12 schools serving predominantly rural counties, defined as a 13 county with a population of less than 75,000, an agricultural 14 land use category shall be eligible for the location of public 15 school facilities if the local comprehensive plan contains 16 school siting criteria and the location is consistent with 17 such criteria. 18 (h)1. An intergovernmental coordination element 19 showing relationships and stating principles and guidelines to 20 be used in the accomplishment of coordination of the adopted 21 comprehensive plan with the plans of school boards and other 22 units of local government providing services but not having 23 regulatory authority over the use of land, with the 24 comprehensive plans of adjacent municipalities, the county, 25 adjacent counties, or the region, and with the state 26 comprehensive plan, as the case may require and as such 27 adopted plans or plans in preparation may exist. This element 28 of the local comprehensive plan shall demonstrate 29 consideration of the particular effects of the local plan, 30 when adopted, upon the development of adjacent municipalities, 31 the county, adjacent counties, or the region, or upon the 5 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 state comprehensive plan, as the case may require. 2 a. The intergovernmental coordination element shall 3 provide for procedures to identify and implement joint 4 planning areas, especially for the purpose of annexation, 5 municipal incorporation, and joint infrastructure service 6 areas. 7 b. The intergovernmental coordination element shall 8 provide for recognition of campus master plans prepared 9 pursuant to s. 240.155. 10 c. The intergovernmental coordination element may 11 provide for a voluntary dispute resolution process as 12 established pursuant to s. 186.509 for bringing to closure in 13 a timely manner intergovernmental disputes. A local 14 government may develop and use an alternative local dispute 15 resolution process for this purpose. 16 2. The intergovernmental coordination element shall 17 further state principles and guidelines to be used in the 18 accomplishment of coordination of the adopted comprehensive 19 plan with the plans of school boards and other units of local 20 government providing facilities and services but not having 21 regulatory authority over the use of land. In addition, the 22 intergovernmental coordination element shall describe joint 23 processes for collaborative planning and decisionmaking on 24 population projections and public school siting, the location 25 and extension of public facilities subject to concurrency, and 26 siting facilities with countywide significance, including 27 locally unwanted land uses whose nature and identity are 28 established in an agreement. Within 1 year of adopting their 29 intergovernmental coordination elements, each county, all the 30 municipalities within that county, the district school board, 31 and any unit of local government service providers in that 6 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 county shall establish by interlocal or other formal agreement 2 executed by all affected entities, the joint processes 3 described in this subparagraph consistent with their adopted 4 intergovernmental coordination elements. 5 3. To foster coordination between special districts 6 and local general-purpose governments as local general-purpose 7 governments implement local comprehensive plans, each 8 independent special district must submit a public facilities 9 report to the appropriate local government as required by s. 10 189.415. 11 4. The state land planning agency shall establish a 12 schedule for phased completion and transmittal of plan 13 amendments to implement subparagraphs 1., 2., and 3. from all 14 jurisdictions so as to accomplish their adoption by December 15 31, 1999. A local government may complete and transmit its 16 plan amendments to carry out these provisions prior to the 17 scheduled date established by the state land planning agency. 18 The plan amendments are exempt from the provisions of s. 19 163.3187(1). 20 5. Intergovernmental coordination between local 21 governments and the district school board shall be governed by 22 s. 163.31776 for local governments subject to the requirements 23 of said section, and compliance with said section with respect 24 to intergovernmental coordination is encouraged for local 25 governments exempt from such requirements. 26 (11)(a) The Legislature recognizes the need for 27 innovative planning and development strategies which will 28 address the anticipated demands of continued urbanization of 29 Florida's coastal and other environmentally sensitive areas, 30 and which will accommodate the development of less populated 31 regions of the state which seek economic development and which 7 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 have suitable land and water resources to accommodate growth 2 in an environmentally acceptable manner. The Legislature 3 further recognizes the substantial advantages of innovative 4 approaches to development which may better serve to protect 5 environmentally sensitive areas, maintain the economic 6 viability of agricultural and other predominantly rural land 7 uses, and provide for the cost-efficient delivery of public 8 facilities and services. 9 (b) It is the intent of the Legislature that the local 10 government comprehensive plans and plan amendments adopted 11 pursuant to the provisions of this part provide for a planning 12 process which allows for land use efficiencies within existing 13 urban areas and which also allows for the conversion of rural 14 lands to other uses, where appropriate and consistent with the 15 other provisions of this part and the affected local 16 comprehensive plans, through the application of innovative and 17 flexible planning and development strategies and creative land 18 use planning techniques, which may include, but not be limited 19 to, urban villages, new towns, satellite communities, 20 area-based allocations, clustering and open space provisions, 21 mixed-use development, and sector planning. 22 (c) It is the further intent of the Legislature that 23 local government comprehensive plans and implementing land 24 development regulations shall provide strategies which 25 maximize the use of existing facilities and services through 26 redevelopment, urban infill development, and other strategies 27 for urban revitalization. 28 (d)1. The department, in cooperation with the 29 Department of Agriculture and Consumer Services, shall provide 30 assistance to local governments in the implementation of this 31 paragraph and rule 9J-5.006(5)(l), Florida Administrative 8 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Code. Implementation of those provisions shall include a 2 process by which the department may authorize up to five local 3 governments to designate all or portions of lands classified 4 in the future land use element as predominantly agricultural, 5 rural, open, open-rural, or a substantively equivalent land 6 use, as a rural land stewardship area within which planning 7 and economic incentives are applied to encourage the 8 implementation of innovative and flexible planning and 9 development strategies and creative land use planning 10 techniques, including those contained in rule 9J-5.006(5)(l), 11 Florida Administrative Code. 12 2. The department shall encourage participation by 13 local governments of different sizes and rural 14 characteristics. It is the intent of the Legislature that 15 rural land stewardship areas be used to further the following 16 broad principles of rural sustainability: restoration and 17 maintenance of the economic value of rural land; control of 18 urban sprawl; identification and protection of ecosystems, 19 habitats, and natural resources; promotion of rural economic 20 activity; maintenance of the viability of Florida's 21 agricultural economy; and protection of the character of rural 22 areas of Florida. 23 3. A local government may apply to the department in 24 writing requesting consideration for authorization to 25 designate a rural land stewardship area and shall describe its 26 reasons for applying for the authorization with supporting 27 documentation regarding its compliance with criteria set forth 28 in this section. 29 4. In selecting a local government, the department 30 shall, by written agreement: 31 a. Ensure that the local government has expressed its 9 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 intent to designate a rural land stewardship area pursuant to 2 the provisions of this subsection. 3 b. Ensure that the local government has the financial 4 and administrative capabilities to implement a rural land 5 stewardship area. 6 5. The written agreement shall include the basis for 7 the authorization and provide criteria for evaluating the 8 success of the authorization, including the extent to which 9 the rural land stewardship area enhances rural land values; 10 controls urban sprawl; provides necessary open space for 11 agriculture and protection of the natural environment; 12 promotes rural economic activity; and maintains rural 13 character and the economic viability of agriculture. The 14 department may terminate the agreement at any time if it 15 determines that the local government is not meeting the terms 16 of the agreement. 17 6. A rural land stewardship area shall be not less 18 than 50,000 acres and shall not exceed 250,000 acres in size, 19 shall be located outside of municipalities and established 20 urban growth boundaries, and shall be designated by plan 21 amendment. The plan amendment designating a rural land 22 stewardship area shall be subject to review by the Department 23 of Community Affairs pursuant to s. 163.3184 and shall provide 24 for the following: 25 a. Criteria for the designation of receiving areas 26 within rural land stewardship areas in which innovative 27 planning and development strategies may be applied. Criteria 28 shall at a minimum provide for the following: adequacy of 29 suitable land to accommodate development so as to avoid 30 conflict with environmentally sensitive areas, resources, and 31 habitats; compatibility between and transition from higher 10 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 density uses to lower intensity rural uses; the establishment 2 of receiving area service boundaries which provide for a 3 separation between receiving areas and other land uses within 4 the rural land stewardship area through limitations on the 5 extension of services; and connection of receiving areas with 6 the rest of the rural land stewardship area using rural design 7 and rural road corridors. 8 b. Goals, objectives, and policies setting forth the 9 innovative planning and development strategies to be applied 10 within rural land stewardship areas pursuant to the provisions 11 of this section. 12 c. A process for the implementation of innovative 13 planning and development strategies within the rural land 14 stewardship area, including those described in this subsection 15 and rule 9J-5.006(5)(l), Florida Administrative Code, which 16 provide for a functional mix of land uses and which are 17 applied through the adoption by the local government of zoning 18 and land development regulations applicable to the rural land 19 stewardship area. 20 d. A process which encourages visioning pursuant to s. 21 163.3167(11) to ensure that innovative planning and 22 development strategies comply with the provisions of this 23 section. 24 e. The control of sprawl through the use of innovative 25 strategies and creative land use techniques consistent with 26 the provisions of this subsection and rule 9J-5.006(5)(l), 27 Florida Administrative Code. 28 7. A receiving area shall be designated by the 29 adoption of a land development regulation. Prior to the 30 designation of a receiving area, the local government shall 31 provide the Department of Community Affairs a period of 30 11 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 days in which to review a proposed receiving area for 2 consistency with the rural land stewardship area plan 3 amendment and to provide comments to the local government. 4 8. Upon the adoption of a plan amendment creating a 5 rural land stewardship area, the local government shall, by 6 ordinance, assign to the area a certain number of credits, to 7 be known as "transferable rural land use credits," which shall 8 not constitute a right to develop land, nor increase density 9 of land, except as provided by this section. The total amount 10 of transferable rural land use credits assigned to the rural 11 land stewardship area must correspond to the 25-year or 12 greater projected population of the rural land stewardship 13 area. Transferable rural land use credits are subject to the 14 following limitations: 15 a. Transferable rural land use credits may only exist 16 within a rural land stewardship area. 17 b. Transferable rural land use credits may only be 18 used on lands designated as receiving areas and then solely 19 for the purpose of implementing innovative planning and 20 development strategies and creative land use planning 21 techniques adopted by the local government pursuant to this 22 section. 23 c. Transferable rural land use credits assigned to a 24 parcel of land within a rural land stewardship area shall 25 cease to exist if the parcel of land is removed from the rural 26 land stewardship area by plan amendment. 27 d. Neither the creation of the rural land stewardship 28 area by plan amendment nor the assignment of transferable 29 rural land use credits by the local government shall operate 30 to displace the underlying density of land uses assigned to a 31 parcel of land within the rural land stewardship area; 12 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 however, if transferable rural land use credits are 2 transferred from a parcel for use within a designated 3 receiving area, the underlying density assigned to the parcel 4 of land shall cease to exist. 5 e. The underlying density on each parcel of land 6 located within a rural land stewardship area shall not be 7 increased or decreased by the local government, except as a 8 result of the conveyance or use of transferable rural land use 9 credits, as long as the parcel remains within the rural land 10 stewardship area. 11 f. Transferable rural land use credits shall cease to 12 exist on a parcel of land where the underlying density 13 assigned to the parcel of land is utilized. 14 g. An increase in the density of use on a parcel of 15 land located within a designated receiving area may occur only 16 through the assignment or use of transferable rural land use 17 credits and shall not require a plan amendment. 18 h. A change in the density of land use on parcels 19 located within receiving areas shall be specified in a 20 development order which reflects the total number of 21 transferable rural land use credits assigned to the parcel of 22 land and the infrastructure and support services necessary to 23 provide for a functional mix of land uses corresponding to the 24 plan of development. 25 i. Land within a rural land stewardship area may be 26 removed from the rural land stewardship area through a plan 27 amendment. 28 j. Transferable rural land use credits may be assigned 29 at different ratios of credits per acre according to the land 30 use remaining following the transfer of credits, with the 31 highest number of credits per acre assigned to preserve 13 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 environmentally valuable land and a lesser number of credits 2 to be assigned to open space and agricultural land. 3 k. The use or conveyance of transferable rural land 4 use credits must be recorded in the public records of the 5 county in which the property is located as a covenant or 6 restrictive easement running with the land in favor of the 7 county and either the Department of Environmental Protection, 8 the Department of Agriculture and Consumer Services, a water 9 management district, or a recognized statewide land trust. 10 9. Owners of land within rural land stewardship areas 11 should be provided incentives to enter into rural land 12 stewardship agreements, pursuant to existing law and rules 13 adopted thereto, with state agencies, water management 14 districts, and local governments to achieve mutually agreed 15 upon conservation objectives. Such incentives may include, 16 but not be limited to, the following: 17 a. Opportunity to accumulate transferable mitigation 18 credits. 19 b. Extended permit agreements. 20 c. Opportunities for recreational leases and 21 ecotourism. 22 d. Payment for specified land management services on 23 publicly owned land, or property under covenant or restricted 24 easement in favor of a public entity. 25 e. Option agreements for sale to government, in either 26 fee or easement, upon achievement of conservation objectives. 27 10. The department shall report to the Legislature on 28 an annual basis on the results of implementation of rural land 29 stewardship areas authorized by the department, including 30 successes and failures in achieving the intent of the 31 Legislature as expressed in this paragraph. It is further the 14 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 intent of the Legislature that the success of authorized rural 2 land stewardship areas be substantiated before implemention 3 occurs on a statewide basis. 4 (e)(d) The implementation of this subsection shall be 5 subject to the provisions of this chapter, chapters 186 and 6 187, and applicable agency rules. 7 (f)(e) The department may adopt rules necessary to 8 shall implement the provisions of this subsection by rule. 9 Section 3. Section 163.31776, Florida Statutes, is 10 created to read: 11 163.31776 Public educational facilities element.-- 12 (1) The intent of the Legislature is: 13 (a) To establish a systematic process of sharing 14 information between school boards and local governments on the 15 growth and development trends in their communities in order to 16 forecast future enrollment and school needs. 17 (b) To establish a systematic process for school 18 boards and local governments to cooperatively plan for the 19 provision of educational facilities to meet the current and 20 projected needs of the public education system population, 21 including the needs placed on the public education system as a 22 result of growth and development decisions by local 23 government. 24 (c) To establish a systematic process for local 25 governments and school boards to cooperatively identify and 26 meet the infrastructure needs of public schools to assure 27 healthy school environments and safe school access. 28 (2) The Legislature finds that: 29 (a) Public schools are a linchpin to the vitality of 30 our communities and play a significant role in thousands of 31 individual housing decisions which result in community growth 15 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 trends. 2 (b) Growth and development issues transcend the 3 boundaries and responsibilities of individual units of 4 government, and often no single unit of government can plan or 5 implement policies to deal with these issues without affecting 6 other units of government. 7 (3) A public educational facilities element shall be 8 adopted in cooperation with the applicable school district by 9 all local governments meeting the criteria identified in 10 paragraph (a). All local governments are encouraged to adopt a 11 public educational facilities element regardless of whether 12 they meet the criteria of paragraph (a) or are exempted by 13 paragraph (c). The public educational facilities elements 14 shall be transmitted no later than January 1, 2003, for those 15 local governments initially meeting the criteria in paragraph 16 (a). 17 (a) A local government must adopt a public educational 18 facilities element if the local government is located in a 19 county where: 20 1. The number of districtwide capital outlay full-time 21 equivalent students is equal to 80 percent or more of the most 22 current year's school capacity and the projected 5-year 23 student growth is 1,000 students or greater; or 24 2. The projected 5-year student growth rate is 10 25 percent or greater. 26 (b) The Department of Education shall issue a report 27 notifying the state land planning agency and each county and 28 school district that meets the criteria specified in paragraph 29 (a) on June 1 of each year. Local governments and school 30 boards shall have 18 months following notification to comply 31 with the requirements of this section. 16 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (c) Each municipality within a county described in 2 paragraph (a) shall adopt its own element or adopt a plan 3 amendment accepting the public educational facilities element 4 adopted by the county which includes the municipality's area 5 of authority as defined by s. 163.3171. However, a 6 municipality is exempt from this requirement if it does not 7 contain a public school within its jurisdiction and none is 8 scheduled in the 5-year district facilities work program of 9 the school board's education facilities plan adopted pursuant 10 to s. 235.185, and if the residents of the municipality have 11 generated less than 50 additional public school students 12 during the last 5 years. Any municipality exempt under this 13 paragraph shall notify the county and the school board of any 14 planned annexations into residential or proposed residential 15 areas or other change in conditions which would render the 16 municipality no longer eligible for exemption and shall comply 17 with the provisions of this subsection no later than 1 year 18 following a change in conditions which renders the 19 municipality no longer eligible for exemption or no later than 20 1 year following the identification of a proposed public 21 school in the school board's 5-year district facilities work 22 program in the municipality's jurisdiction. 23 (d) The Department of Education and the Department of 24 Community Affairs shall submit a report to the Governor, the 25 President of the Senate, and Speaker of the House of 26 Representatives by January 2003 that evaluates the criteria in 27 paragraph (a) and makes any recommendations for changes to the 28 criteria as needed to meet the intent of this part. 29 (4) No later than 6 months prior to the deadline for 30 transmittal of a public educational facilities element, the 31 county, the nonexempt municipalities, and the school board 17 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 shall enter into an interlocal agreement which establishes a 2 process to develop coordinated and consistent local government 3 public educational facilities elements and district 4 educational facilities plans, including a process: 5 (a) By which each local government and the school 6 district agree and base the local government comprehensive 7 plan and educational facilities plan on uniform projections of 8 the amount, type, and distribution of population growth and 9 student enrollment. 10 (b) To coordinate and share information relating to 11 existing and planned public school facilities and local 12 government plans for development and redevelopment. 13 (c) To ensure that school siting decisions by the 14 school board are consistent with the local comprehensive plan, 15 including appropriate circumstances and criteria under which a 16 school district may request an amendment to the comprehensive 17 plan for school siting, and to provide for early involvement 18 by the local government as the school board identifies 19 potential school sites. 20 (d) To coordinate and provide timely formal comments 21 during the development, adoption, and amendment of each local 22 government's public educational facilities element and the 23 educational facilities plan of the school district to ensure a 24 uniform countywide school facility planning system. 25 (e) For school district participation in the review of 26 land use decisions which increase residential density and 27 which are reasonably expected to have an impact on public 28 school facility demand. 29 (f) For the resolution of disputes between the school 30 district and local governments. 31 (5) The public educational facilities element shall be 18 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 based on data and analysis, including the interlocal agreement 2 required by subsection (4) and the educational facilities plan 3 required by s. 235.185. All local government public 4 educational facilities elements within a county shall be 5 consistent with each other and shall address the following: 6 (a) The need for and strategies and commitments to 7 address improvements to infrastructure, safety, and community 8 conditions in areas proximate to existing public schools. 9 (b) The need for and strategies for the provision of 10 adequate infrastructure necessary to support proposed schools, 11 including potable water, wastewater, drainage, and 12 transportation, and the need for other actions to ensure safe 13 access to schools, including provision of sidewalks, bicycle 14 paths, turn lanes, and signalization. 15 (c) Collocation of other public facilities such as 16 parks, libraries, and community centers with public schools. 17 (d) Location of schools proximate to residential areas 18 and use of public schools to complement patterns of 19 development, including using elementary schools as focal 20 points for neighborhoods. 21 (e) Use of public schools as emergency shelters. 22 (f) Consideration of the existing and planned capacity 23 of public schools when reviewing land use decisions. 24 (6) The future land use map series shall either 25 incorporate maps which are the result of a collaborative 26 process for identifying school sites and are adopted in the 27 educational facilities plan promulgated by the school board 28 pursuant to s. 235.185 showing the locations of existing 29 public schools and the general locations of improvements to 30 existing schools or construction of new schools anticipated 31 over the 5-year, 10-year, and 20-year time periods, or such 19 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 maps shall be data and analysis in support of the future land 2 use map series. Maps indicating general locations of future 3 schools or school improvements shall not be deemed to 4 prescribe a land use on a particular parcel of land. 5 (7) The process for adoption of a public educational 6 facilities element shall be as provided in s. 163.3184. The 7 state land planning agency shall submit a copy of the proposed 8 public school facilities element pursuant to the procedures 9 outlined in s. 163.3184(4) to the Office of Educational 10 Facilities of the Commissioner of Education for review and 11 comment. 12 (8) The interlocal agreement must be entered into by 13 the county, the school board, and the nonexempt municipalities 14 within the county. If such parties cannot reach agreement, 15 the matter shall be resolved by binding arbitration through 16 the regional planning council. The failure of such parties to 17 enter into an interlocal agreement within 60 days after 18 referral to binding arbitration shall result in the 19 prohibition of the local governments' ability to amend the 20 local comprehensive plan until the dispute is resolved. The 21 failure of a school board to provide the required plans or 22 information or to enter into the interlocal agreement under 23 this subsection shall subject the school board to sanctions 24 pursuant to s. 235.193(3). Any local government that has 25 executed an interlocal agreement to implement school 26 concurrency pursuant to the requirements of s. 163.3180 prior 27 to the effective date of this section shall not be required to 28 amend the public school element or any interlocal agreement to 29 conform with the provisions of this section, if such amendment 30 is ultimately determined to be in compliance. 31 (9) Nothing in this section prohibits a local 20 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 government from using its home rule powers to deny a 2 comprehensive plan amendment or rezoning. 3 Section 4. Subsection (13) of section 163.3180, 4 Florida Statutes, is amended to read: 5 163.3180 Concurrency.-- 6 (13) School concurrency, if imposed by local option, 7 shall be established on a districtwide basis and shall include 8 all public schools in the district and all portions of the 9 district, whether located in a municipality or an 10 unincorporated area. The application of school concurrency to 11 development shall be based upon the adopted comprehensive 12 plan, as amended. All local governments within a county, 13 except as provided in s. 163.31776(3)(c) paragraph (f), shall 14 adopt and transmit to the state land planning agency the 15 necessary plan amendments, along with the interlocal 16 agreement, for a compliance review pursuant to s. 163.3184(7) 17 and (8). School concurrency shall not become effective in a 18 county until all local governments, except as provided in s. 19 163.31776(3)(c) paragraph (f), have adopted the necessary plan 20 amendments, which together with the interlocal agreement, are 21 determined to be in compliance with the requirements of this 22 part. The minimum requirements for school concurrency are the 23 following: 24 (a) Public educational school facilities element.--A 25 local government that elects to adopt public school 26 concurrency shall adopt and transmit to the state land 27 planning agency a plan or plan amendment which includes a 28 public educational school facilities element which is 29 consistent with the requirements of s. 163.31776(5) 30 163.3177(12) and which is consistent with the following: 31 1. The element shall be based on data and analyses 21 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 that address how uniform, districtwide level-of-service 2 standards for all schools of the same type will be achieved 3 and maintained. 4 2. The element shall establish specific, measurable, 5 intermediate ends that are achievable and mark progress toward 6 the goal of school concurrency. 7 3. The element shall establish the way in which 8 programs and activities will be conducted to achieve an 9 identified goal. 10 4. The element shall address the procedure for an 11 annual update process. 12 5. All local government public educational facilities 13 elements which adopt public school concurrency within a county 14 must be consistent with each other as well as the requirements 15 of this part. Any local government that has executed an 16 interlocal agreement for the purpose of implementing public 17 school concurrency prior to the effective date of this section 18 shall not be required to amend the public school facilities 19 element or any interlocal agreement to conform with the 20 provisions of s. 163.31776 if such element is ultimately 21 determined to be in compliance as defined in s. 22 163.3184(1)(b). All local government public school facilities 23 plan elements within a county must be consistent with each 24 other as well as the requirements of this part. 25 (b) Level-of-service standards.--The Legislature 26 recognizes that an essential requirement for a concurrency 27 management system is the level of service at which a public 28 facility is expected to operate. 29 1. Local governments and school boards imposing school 30 concurrency shall exercise authority in conjunction with each 31 other to establish jointly adequate level-of-service 22 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 standards, as defined in chapter 9J-5, Florida Administrative 2 Code, necessary to implement the adopted local government 3 comprehensive plan, based on data and analysis. 4 2. Public school level-of-service standards shall be 5 included and adopted into the capital improvements element of 6 the local comprehensive plan and shall apply districtwide to 7 all schools of the same type. Types of schools may include 8 elementary, middle, and high schools as well as special 9 purpose facilities such as magnet schools. 10 3. Local governments and school boards shall have the 11 option to utilize tiered level-of-service standards to allow 12 time to achieve an adequate and desirable level of service as 13 circumstances warrant. 14 (c) Service areas.--The Legislature recognizes that an 15 essential requirement for a concurrency system is a 16 designation of the area within which the level of service will 17 be measured when an application for a residential development 18 permit is reviewed for school concurrency purposes. This 19 delineation is also important for purposes of determining 20 whether the local government has a financially feasible public 21 school capital facilities program that will provide schools 22 which will achieve and maintain the adopted level-of-service 23 standards. 24 1. In order to balance competing interests, preserve 25 the constitutional concept of uniformity, and avoid disruption 26 of existing educational and growth management processes, local 27 governments are encouraged to apply school concurrency to 28 development on a districtwide basis so that a concurrency 29 determination for a specific development will be based upon 30 the availability of school capacity districtwide. 31 2. For local governments applying school concurrency 23 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 on a less than districtwide basis, such as utilizing school 2 attendance zones or larger school concurrency service areas, 3 local governments and school boards shall have the burden to 4 demonstrate that the utilization of school capacity is 5 maximized to the greatest extent possible in the comprehensive 6 plan and amendment, taking into account transportation costs 7 and court-approved desegregation plans, as well as other 8 factors. In addition, in order to achieve concurrency within 9 the service area boundaries selected by local governments and 10 school boards, the service area boundaries, together with the 11 standards for establishing those boundaries, shall be 12 identified, included, and adopted as part of the comprehensive 13 plan. Any subsequent change to the service area boundaries 14 for purposes of a school concurrency system shall be by plan 15 amendment and shall be exempt from the limitation on the 16 frequency of plan amendments in s. 163.3187(1). 17 3. Where school capacity is available on a 18 districtwide basis but school concurrency is applied on a less 19 than districtwide basis in the form of concurrency service 20 areas, if the adopted level-of-service standard cannot be met 21 in a particular service area as applied to an application for 22 a development permit and if the needed capacity for the 23 particular service area is available in one or more contiguous 24 service areas, as adopted by the local government, then the 25 development order shall be issued and mitigation measures 26 shall not be exacted. 27 (d) Financial feasibility.--The Legislature recognizes 28 that financial feasibility is an important issue because the 29 premise of concurrency is that the public facilities will be 30 provided in order to achieve and maintain the adopted 31 level-of-service standard. This part and chapter 9J-5, Florida 24 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Administrative Code, contain specific standards to determine 2 the financial feasibility of capital programs. These standards 3 were adopted to make concurrency more predictable and local 4 governments more accountable. 5 1. A comprehensive plan amendment seeking to impose 6 school concurrency shall contain appropriate amendments to the 7 capital improvements element of the comprehensive plan, 8 consistent with the requirements of s. 163.3177(3) and rule 9 9J-5.016, Florida Administrative Code. The capital 10 improvements element shall set forth a financially feasible 11 public school capital facilities program, established in 12 conjunction with the school board, that demonstrates that the 13 adopted level-of-service standards will be achieved and 14 maintained. 15 2. Such amendments shall demonstrate that the public 16 school capital facilities program meets all of the financial 17 feasibility standards of this part and chapter 9J-5, Florida 18 Administrative Code, that apply to capital programs which 19 provide the basis for mandatory concurrency on other public 20 facilities and services. 21 3. When the financial feasibility of a public school 22 capital facilities program is evaluated by the state land 23 planning agency for purposes of a compliance determination, 24 the evaluation shall be based upon the service areas selected 25 by the local governments and school board. 26 (e) Availability standard.--Consistent with the public 27 welfare, a local government may not deny a development permit 28 authorizing residential development for failure to achieve and 29 maintain the level-of-service standard for public school 30 capacity in a local option school concurrency system where 31 adequate school facilities will be in place or under actual 25 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 construction within 3 years after permit issuance. 2 (f) Intergovernmental coordination.-- 3 1. When establishing concurrency requirements for 4 public schools, a local government shall satisfy the 5 requirements for intergovernmental coordination set forth in 6 s. 163.3177(6)(h)1. and 2., except that a municipality is not 7 required to be a signatory to the interlocal agreement 8 required by s. 163.3177(6)(h)2. as a prerequisite for 9 imposition of school concurrency, and as a nonsignatory, shall 10 not participate in the adopted local school concurrency 11 system, if the municipality meets all of the following 12 criteria for having no significant impact on school 13 attendance: 14 a. The municipality has issued development orders for 15 fewer than 50 residential dwelling units during the preceding 16 5 years, or the municipality has generated fewer than 25 17 additional public school students during the preceding 5 18 years. 19 b. The municipality has not annexed new land during 20 the preceding 5 years in land use categories which permit 21 residential uses that will affect school attendance rates. 22 c. The municipality has no public schools located 23 within its boundaries. 24 d. At least 80 percent of the developable land within 25 the boundaries of the municipality has been built upon. 26 2. A municipality which qualifies as having no 27 significant impact on school attendance pursuant to the 28 criteria of subparagraph 1. must review and determine at the 29 time of its evaluation and appraisal report pursuant to s. 30 163.3191 whether it continues to meet the criteria. If the 31 municipality determines that it no longer meets the criteria, 26 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 it must adopt appropriate school concurrency goals, 2 objectives, and policies in its plan amendments based on the 3 evaluation and appraisal report, and enter into the existing 4 interlocal agreement required by s. 163.3177(6)(h)2., in order 5 to fully participate in the school concurrency system. If 6 such a municipality fails to do so, it will be subject to the 7 enforcement provisions of s. 163.3191. 8 (f)(g) Interlocal agreement for school 9 concurrency.--When establishing concurrency requirements for 10 public schools, a local government must enter into an 11 interlocal agreement which satisfies the requirements in s. 12 163.31776(4) 163.3177(6)(h)1. and 2. and the requirements of 13 this subsection. The interlocal agreement shall acknowledge 14 both the school board's constitutional and statutory 15 obligations to provide a uniform system of free public schools 16 on a countywide basis, and the land use authority of local 17 governments, including their authority to approve or deny 18 comprehensive plan amendments and development orders. The 19 interlocal agreement shall be submitted to the state land 20 planning agency by the local government as a part of the 21 compliance review, along with the other necessary amendments 22 to the comprehensive plan required by this part. In addition 23 to the requirements of s. 163.31776(4) 163.3177(6)(h), the 24 interlocal agreement shall meet the following requirements: 25 1. Establish the mechanisms for coordinating the 26 development, adoption, and amendment of each local 27 government's public school facilities element with each other 28 and the plans of the school board to ensure a uniform 29 districtwide school concurrency system. 30 2. Establish a process by which each local government 31 and the school board shall agree and base their plans on 27 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 consistent projections of the amount, type, and distribution 2 of population growth and coordinate and share information 3 relating to existing and planned public school facilities 4 projections and proposals for development and redevelopment, 5 and infrastructure required to support public school 6 facilities. 7 3. Establish a process for the development of siting 8 criteria which encourages the location of public schools 9 proximate to urban residential areas to the extent possible 10 and seeks to collocate schools with other public facilities 11 such as parks, libraries, and community centers to the extent 12 possible. 13 2.4. Specify uniform, districtwide level-of-service 14 standards for public schools of the same type and the process 15 for modifying the adopted levels-of-service standards. 16 3.5. Establish a process for the preparation, 17 amendment, and joint approval by each local government and the 18 school board of a public school capital facilities program 19 which is financially feasible, and a process and schedule for 20 incorporation of the public school capital facilities program 21 into the local government comprehensive plans on an annual 22 basis. 23 4.6. Define the geographic application of school 24 concurrency. If school concurrency is to be applied on a less 25 than districtwide basis in the form of concurrency service 26 areas, the agreement shall establish criteria and standards 27 for the establishment and modification of school concurrency 28 service areas. The agreement shall also establish a process 29 and schedule for the mandatory incorporation of the school 30 concurrency service areas and the criteria and standards for 31 establishment of the service areas into the local government 28 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 comprehensive plans. The agreement shall ensure maximum 2 utilization of school capacity, taking into account 3 transportation costs and court-approved desegregation plans, 4 as well as other factors. The agreement shall also ensure the 5 achievement and maintenance of the adopted level-of-service 6 standards for the geographic area of application throughout 7 the 5 years covered by the public school capital facilities 8 plan and thereafter by adding a new fifth year during the 9 annual update. 10 5.7. Establish a uniform districtwide procedure for 11 implementing school concurrency which provides for: 12 a. The evaluation of development applications for 13 compliance with school concurrency requirements; 14 b. An opportunity for the school board to review and 15 comment on the effect of comprehensive plan amendments and 16 rezonings on the public school facilities plan; and 17 c. The monitoring and evaluation of the school 18 concurrency system. 19 6.8. Include provisions relating to termination, 20 suspension, and amendment of the agreement. The agreement 21 shall provide that if the agreement is terminated or 22 suspended, the application of school concurrency shall be 23 terminated or suspended. 24 Section 5. Paragraph (b) of subsection (1) of section 25 163.3184, Florida Statutes, is amended, and, effective October 26 1, 2001, subsections (3), (4), (6), (7), (8), and (15) and 27 paragraph (d) of subsection (16) of said section are amended, 28 to read: 29 163.3184 Process for adoption of comprehensive plan or 30 plan amendment.-- 31 (1) DEFINITIONS.--As used in this section: 29 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (b) "In compliance" means consistent with the 2 requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180, 3 163.3191, and 163.3245, with the state comprehensive plan, 4 with the appropriate strategic regional policy plan, and with 5 chapter 9J-5, Florida Administrative Code, where such rule is 6 not inconsistent with this part and with the principles for 7 guiding development in designated areas of critical state 8 concern. 9 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR 10 AMENDMENT.-- 11 (a) Each local governing body shall transmit the 12 complete proposed comprehensive plan or plan amendment to the 13 state land planning agency, the appropriate regional planning 14 council and water management district, the Department of 15 Environmental Protection, the Department of State, and the 16 Department of Transportation, and, in the case of municipal 17 plans, to the appropriate county, and, in the case of county 18 plans, to the Fish and Wildlife Conservation Commission and 19 the Department of Agriculture and Consumer Services, 20 immediately following a public hearing pursuant to subsection 21 (15) as specified in the state land planning agency's 22 procedural rules. If the plan or plan amendment includes or 23 relates to the public educational facilities element required 24 by s. 163.31776, the state land planning agency shall submit a 25 copy to the Office of Educational Facilities of the 26 Commissioner of Education for review and comment. The local 27 governing body shall also transmit a copy of the complete 28 proposed comprehensive plan or plan amendment to any other 29 unit of local government or government agency in the state 30 that has filed a written request with the governing body for 31 the plan or plan amendment. The local government may request a 30 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 review by the state land planning agency pursuant to 2 subsection (6) at the time of transmittal of an amendment. 3 (b) A local governing body shall not transmit portions 4 of a plan or plan amendment unless it has previously provided 5 to all state agencies designated by the state land planning 6 agency a complete copy of its adopted comprehensive plan 7 pursuant to subsection (7) and as specified in the agency's 8 procedural rules. In the case of comprehensive plan 9 amendments, the local governing body shall transmit to the 10 state land planning agency, the appropriate regional planning 11 council and water management district, the Department of 12 Environmental Protection, the Department of State, and the 13 Department of Transportation, and, in the case of municipal 14 plans, to the appropriate county, and, in the case of county 15 plans, to the Fish and Wildlife Conservation Commission and 16 the Department of Agriculture and Consumer Services, the 17 materials specified in the state land planning agency's 18 procedural rules and, in cases in which the plan amendment is 19 a result of an evaluation and appraisal report adopted 20 pursuant to s. 163.3191, a copy of the evaluation and 21 appraisal report. Local governing bodies shall consolidate all 22 proposed plan amendments into a single submission for each of 23 the two plan amendment adoption dates during the calendar year 24 pursuant to s. 163.3187. 25 (c) A local government may adopt a proposed plan 26 amendment previously transmitted pursuant to this subsection, 27 unless review is requested or otherwise initiated pursuant to 28 subsection (6). 29 (d) In cases in which a local government transmits 30 multiple individual amendments that can be clearly and legally 31 separated and distinguished for the purpose of determining 31 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 whether to review the proposed amendment, and the state land 2 planning agency elects to review several or a portion of the 3 amendments and the local government chooses to immediately 4 adopt the remaining amendments not reviewed, the amendments 5 immediately adopted and any reviewed amendments that the local 6 government subsequently adopts together constitute one 7 amendment cycle in accordance with s. 163.3187(1). 8 (4) INTERGOVERNMENTAL REVIEW.--If review of a proposed 9 comprehensive plan amendment is requested or otherwise 10 initiated pursuant to subsection (6), the state land planning 11 agency within 5 working days of determining that such a review 12 will be conducted shall transmit a copy of the proposed plan 13 amendment to various government agencies, as appropriate, for 14 response or comment, including, but not limited to, the 15 Department of Environmental Protection, the Department of 16 Transportation, the water management district, and the 17 regional planning council, and, in the case of municipal 18 plans, to the county land planning agency. The These 19 governmental agencies specified in paragraph (3)(a) shall 20 provide comments to the state land planning agency within 30 21 days after receipt by the state land planning agency of the 22 complete proposed plan amendment. The appropriate regional 23 planning council shall also provide its written comments to 24 the state land planning agency within 30 days after receipt by 25 the state land planning agency of the complete proposed plan 26 amendment and shall specify any objections, recommendations 27 for modifications, and comments of any other regional agencies 28 to which the regional planning council may have referred the 29 proposed plan amendment. Written comments submitted by the 30 public within 30 days after notice of transmittal by the local 31 government of the proposed plan amendment will be considered 32 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 as if submitted by governmental agencies. All written agency 2 and public comments must be made part of the file maintained 3 under subsection (2). 4 (6) STATE LAND PLANNING AGENCY REVIEW.-- 5 (a) The state land planning agency shall review a 6 proposed plan amendment upon request of a regional planning 7 council, affected person, or local government transmitting the 8 plan amendment. The request from the regional planning council 9 or affected person must be if the request is received within 10 30 days after transmittal of the proposed plan amendment 11 pursuant to subsection (3). The agency shall issue a report of 12 its objections, recommendations, and comments regarding the 13 proposed plan amendment. A regional planning council or 14 affected person requesting a review shall do so by submitting 15 a written request to the agency with a notice of the request 16 to the local government and any other person who has requested 17 notice. 18 (b) The state land planning agency may review any 19 proposed plan amendment regardless of whether a request for 20 review has been made, if the agency gives notice to the local 21 government, and any other person who has requested notice, of 22 its intention to conduct such a review within 35 30 days after 23 receipt by the state land planning agency of transmittal of 24 the complete proposed plan amendment pursuant to subsection 25 (3). 26 (c) The state land planning agency shall establish by 27 rule a schedule for receipt of comments from the various 28 government agencies, as well as written public comments, 29 pursuant to subsection (4). If the state land planning agency 30 elects to review the amendment or the agency is required to 31 review the amendment as specified in paragraph (a), the agency 33 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 shall issue a report of its objections, recommendations, and 2 comments regarding the proposed amendment within 60 days after 3 receipt of the complete proposed amendment by the state land 4 planning agency. Proposed comprehensive plan amendments from 5 small counties or rural communities for the purpose of job 6 creation, economic development, or strengthening and 7 diversifying the economy shall receive priority review by the 8 state land planning agency. The state land planning agency 9 shall have 30 days to review comments from the various 10 government agencies along with a local government's 11 comprehensive plan or plan amendment. During that period, the 12 state land planning agency shall transmit in writing its 13 comments to the local government along with any objections and 14 any recommendations for modifications. When a federal, state, 15 or regional agency has implemented a permitting program, the 16 state land planning agency shall not require a local 17 government to duplicate or exceed that permitting program in 18 its comprehensive plan or to implement such a permitting 19 program in its land development regulations. Nothing 20 contained herein shall prohibit the state land planning agency 21 in conducting its review of local plans or plan amendments 22 from making objections, recommendations, and comments or 23 making compliance determinations regarding densities and 24 intensities consistent with the provisions of this part. In 25 preparing its comments, the state land planning agency shall 26 only base its considerations on written, and not oral, 27 comments, from any source. 28 (d) The state land planning agency review shall 29 identify all written communications with the agency regarding 30 the proposed plan amendment. If the state land planning agency 31 does not issue such a review, it shall identify in writing to 34 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the local government all written communications received 30 2 days after transmittal. The written identification must 3 include a list of all documents received or generated by the 4 agency, which list must be of sufficient specificity to enable 5 the documents to be identified and copies requested, if 6 desired, and the name of the person to be contacted to request 7 copies of any identified document. The list of documents must 8 be made a part of the public records of the state land 9 planning agency. 10 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF 11 PLAN OR AMENDMENTS AND TRANSMITTAL.-- 12 (a) The local government shall review the written 13 comments submitted to it by the state land planning agency, 14 and any other person, agency, or government. Any comments, 15 recommendations, or objections and any reply to them shall be 16 public documents, a part of the permanent record in the 17 matter, and admissible in any proceeding in which the 18 comprehensive plan or plan amendment may be at issue. The 19 local government, upon receipt of written comments from the 20 state land planning agency, shall have 120 days to adopt or 21 adopt with changes the proposed comprehensive plan or s. 22 163.3191 plan amendments. In the case of comprehensive plan 23 amendments other than those proposed pursuant to s. 163.3191, 24 the local government shall have 60 days to adopt the 25 amendment, adopt the amendment with changes, or determine that 26 it will not adopt the amendment. The adoption of the proposed 27 plan or plan amendment or the determination not to adopt a 28 plan amendment, other than a plan amendment proposed pursuant 29 to s. 163.3191, shall be made in the course of a public 30 hearing pursuant to subsection (15). The local government 31 shall transmit the complete adopted comprehensive plan or 35 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 adopted plan amendment to the state land planning agency as 2 specified in the agency's procedural rules within 10 working 3 days after adoption, including the names and addresses of 4 persons compiled pursuant to paragraph (15)(c). The local 5 governing body shall also transmit a copy of the adopted 6 comprehensive plan or plan amendment to the regional planning 7 agency and to any other unit of local government or 8 governmental agency in the state that has filed a written 9 request with the governing body for a copy of the plan or plan 10 amendment. 11 (b) A local government that has adopted a 12 comprehensive plan amendment to which no timely written 13 objection from the state land planning agency, any agency, any 14 government, or any person has been received may submit the 15 comprehensive plan amendment and a certification to the state 16 land planning agency within 10 days after adoption of the 17 comprehensive plan amendment. This certification must certify 18 that the adopted comprehensive plan amendment did not differ 19 from the proposed comprehensive plan amendment submitted 20 pursuant to subsection (3), and that no timely objections were 21 received. 22 (8) NOTICE OF INTENT.-- 23 (a) Except as provided in s. 163.3187(3), the state 24 land planning agency, upon receipt of a local government's 25 complete adopted comprehensive plan or plan amendment, shall 26 have 45 days for review and to determine if the plan or plan 27 amendment is in compliance with this act, unless the amendment 28 is the result of a compliance agreement entered into under 29 subsection (16), in which case the time period for review and 30 determination shall be 30 days. If review was not conducted 31 under subsection (6), the agency's determination must be based 36 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 upon the plan amendment as adopted. If review was conducted 2 under subsection (6), the agency's determination of compliance 3 must be based only upon one or both of the following: 4 1. The state land planning agency's written comments 5 to the local government pursuant to subsection (6); or 6 2. Any changes made by the local government to the 7 comprehensive plan or plan amendment as adopted. 8 (b) During the time period provided for in this 9 subsection, the state land planning agency shall issue, 10 through a senior administrator or the secretary, as specified 11 in the agency's procedural rules, a notice of intent to find 12 that the plan or plan amendment is in compliance or not in 13 compliance. A notice of intent shall be issued by publication 14 in the manner provided by this paragraph and by mailing a copy 15 to the local government and to persons who request notice. 16 The required advertisement shall be no less than 2 columns 17 wide by 10 inches long, and the headline in the advertisement 18 shall be in a type no smaller than 12 point. The advertisement 19 shall not be placed in that portion of the newspaper where 20 legal notices and classified advertisements appear. The 21 advertisement shall be published in a newspaper which meets 22 the size and circulation requirements set forth in paragraph 23 (15)(e)(c) and which has been designated in writing by the 24 affected local government at the time of transmittal of the 25 amendment. Publication by the state land planning agency of a 26 notice of intent in the newspaper designated by the local 27 government shall be prima facie evidence of compliance with 28 the publication requirements of this section. 29 (c) Notwithstanding the provisions of this subsection, 30 within 20 days after receipt of an accurate certification 31 submitted pursuant to paragraph (7)(b), the state land 37 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 planning agency shall issue a notice of intent to find the 2 plan amendment in compliance without further review. 3 (d) The state land planning agency shall post a copy 4 of the notice of intent on the agency's Internet site. The 5 agency shall, no later than the date the notice of intent is 6 transmitted to the newspaper, mail a courtesy informational 7 statement to the persons whose names and mailing addresses 8 were compiled pursuant to paragraph (15)(c). The informational 9 statement shall include the identity of the newspaper in which 10 the notice of intent will appear, the approximate date of 11 publication of the notice of intent, the ordinance number of 12 the plan or plan amendment, and a statement that the 13 informational statement is provided as a courtesy to the 14 person and that affected persons have 21 days after the actual 15 date of publication of the notice to file a petition. The 16 informational statement shall be sent by regular mail and 17 shall not affect the timeframes in subsections (9) and (10). 18 (e) A local government that has an Internet site shall 19 post a copy of the state land planning agency's notice of 20 intent on its Internet site within 5 days after receipt of the 21 mailed copy of the agency's notice of intent. 22 (15) PUBLIC HEARINGS.-- 23 (a) The procedure for transmittal of a complete 24 proposed comprehensive plan or plan amendment pursuant to 25 subsection (3) and for adoption of a comprehensive plan or 26 plan amendment pursuant to subsection (7) shall be by 27 affirmative vote of not less than a majority of the members of 28 the governing body present at the hearing. The adoption of a 29 comprehensive plan or plan amendment shall be by ordinance. 30 For the purposes of transmitting or adopting a comprehensive 31 plan or plan amendment, the notice requirements in chapters 38 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 125 and 166 are superseded by this subsection, except as 2 provided in this part. 3 (b) The local governing body shall hold at least two 4 advertised public hearings on the proposed comprehensive plan 5 or plan amendment as follows: 6 1. The first public hearing shall be held at the 7 transmittal stage pursuant to subsection (3). It shall be 8 held on a weekday at least 7 days after the day that the first 9 advertisement is published. 10 2. The second public hearing shall be held at the 11 adoption stage pursuant to subsection (7). It shall be held 12 on a weekday at least 5 days after the day that the second 13 advertisement is published. 14 (c) The local government shall provide a sign-in form 15 at the transmittal hearing and at the adoption hearing for 16 persons to provide their names and mailing addresses. The 17 sign-in form shall state that any person providing the 18 requested information will receive a courtesy informational 19 statement concerning publication of the state land planning 20 agency's notice of intent. The local government shall add to 21 the sign-in form the name and address of any person who 22 submits written comments concerning the proposed plan or plan 23 amendment during the time period between the commencement of 24 the transmittal hearing and the end of the adoption hearing. 25 It shall be the responsibility of the person completing the 26 form or providing written comments to accurately, completely, 27 and legibly provide all information required to receive the 28 courtesy informational statement. 29 (d) The agency shall provide a model sign-in form and 30 the format for providing the list to the agency which may be 31 used by the local government to satisfy the requirements of 39 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 this subsection by August 1, 2001. 2 (e)(c) If the proposed comprehensive plan or plan 3 amendment changes the actual list of permitted, conditional, 4 or prohibited uses within a future land use category or 5 changes the actual future land use map designation of a parcel 6 or parcels of land, the required advertisements shall be in 7 the format prescribed by s. 125.66(4)(b)2. for a county or by 8 s. 166.041(3)(c)2.b. for a municipality. 9 (16) COMPLIANCE AGREEMENTS.-- 10 (d) A local government may adopt a plan amendment 11 pursuant to a compliance agreement in accordance with the 12 requirements of paragraph (15)(a). The plan amendment shall be 13 exempt from the requirements of subsections (2) through (7). 14 The local government shall hold a single adoption public 15 hearing pursuant to the requirements of subparagraph (15)(b)2. 16 and paragraph (15)(e)(c). Within 10 working days after 17 adoption of a plan amendment, the local government shall 18 transmit the amendment to the state land planning agency as 19 specified in the agency's procedural rules, and shall submit 20 one copy to the regional planning agency and to any other unit 21 of local government or government agency in the state that has 22 filed a written request with the governing body for a copy of 23 the plan amendment, and one copy to any party to the 24 proceeding under ss. 120.569 and 120.57 granted intervenor 25 status. 26 Section 6. Paragraph (j) of subsection (1) of section 27 163.3187, Florida Statutes, is amended, and paragraph (k) is 28 added to said subsection, to read: 29 163.3187 Amendment of adopted comprehensive plan.-- 30 (1) Amendments to comprehensive plans adopted pursuant 31 to this part may be made not more than two times during any 40 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 calendar year, except: 2 (j) Any comprehensive plan amendment to establish 3 public school concurrency pursuant to s. 163.3180(13), 4 including, but not limited to, adoption of a public 5 educational school facilities element and adoption of 6 amendments to the capital improvements element and 7 intergovernmental coordination element. In order to ensure the 8 consistency of local government public educational school 9 facilities elements within a county, such elements shall be 10 prepared and adopted on a similar time schedule. 11 (k) A comprehensive plan amendment to adopt a public 12 educational facilities element pursuant to s. 163.31776, and 13 future land use map amendments for school siting, may be 14 approved without regard to statutory limits on the frequency 15 of adoption of plan amendments. 16 Section 7. Paragraph (k) of subsection (2) of section 17 163.3191, Florida Statutes, is amended to read: 18 163.3191 Evaluation and appraisal of comprehensive 19 plan.-- 20 (2) The report shall present an evaluation and 21 assessment of the comprehensive plan and shall contain 22 appropriate statements to update the comprehensive plan, 23 including, but not limited to, words, maps, illustrations, or 24 other media, related to: 25 (k) The coordination of the comprehensive plan with 26 existing public schools and those identified in the applicable 27 educational 5-year school district facilities plan work 28 program adopted pursuant to s. 235.185. The assessment shall 29 address, where relevant, the success or failure of the 30 coordination of the future land use map and associated planned 31 residential development with public schools and their 41 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 capacities, as well as the joint decisionmaking processes 2 engaged in by the local government and the school board in 3 regard to establishing appropriate population projections and 4 the planning and siting of public school facilities. If the 5 issues are not relevant, the local government shall 6 demonstrate that they are not relevant. 7 Section 8. Subsection (6) is added to section 8 163.3202, Florida Statutes, to read: 9 163.3202 Land development regulations.-- 10 (6)(a) The Legislature finds that electric utilities 11 have a statutory duty pursuant to this chapter to provide 12 reasonably sufficient, adequate, and efficient service. The 13 Legislature further finds that electric substations are an 14 indispensable component of the grid system by which electric 15 utilities deliver reliable electric service to all public and 16 private persons as required by law. The Legislature further 17 finds that electric utility substations are essential services 18 for the public health, safety, and welfare and therefore are 19 in the public interest. 20 (b) Nothing in this part shall prohibit a local 21 government from adopting land development regulations which 22 establish reasonable standards for setbacks, buffering, 23 landscaping, and other such site conditions which ensure 24 consistency with the local comprehensive plan for a substation 25 that will be operated by an electric utility. Compliance with 26 any such adopted standards creates a presumption that a 27 substation is compatible with adjacent land uses and is 28 consistent with the local comprehensive plan. 29 (c) If an electric utility demonstrates by competent 30 substantial evidence that it meets all criteria for approval 31 of an application for a development permit for the location, 42 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 construction, and operation of a substation, the local 2 government may not deny the application unless the 3 preponderance of the evidence, applying a strict scrutiny 4 standard of review, demonstrates that the application does not 5 meet the requirements of the local comprehensive plan or 6 applicable land development regulations. 7 Section 9. Subsection (9) of section 163.3244, Florida 8 Statutes, is amended to read: 9 163.3244 Sustainable communities demonstration 10 project.-- 11 (9) This section shall stand repealed on June 30, 2002 12 2001, and shall be reviewed by the Legislature prior to that 13 date. 14 Section 10. Development of a uniform fiscal impact 15 analysis model for evaluating the cost of infrastructure to 16 support development.-- 17 (1) The Legislature finds that the quality of growth 18 in Florida could benefit greatly by the adoption of a uniform 19 fiscal impact analysis tool that could be used by local 20 governments to determine the costs and benefits of new 21 development. To facilitate informed decisionmaking and 22 accountability by local governments, the analysis model would 23 itemize and calculate the costs and fiscal impacts of 24 infrastructure needs created by proposed development, as well 25 as the anticipated revenues utilized for infrastructure 26 associated with the project. It is intended that the model be 27 a minimum base model for implementation by all local 28 governments. Local governments shall not be required to 29 implement the model until the Legislature approves such 30 implementation, nor shall local governments be prevented from 31 utilizing other fiscal or economic analysis tools before or 43 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 after adoption of the uniform fiscal analysis model. The 2 Legislature intends that the analysis will provide local 3 government decisionmakers with a clearer understanding of the 4 fiscal impact of the new development on the community and its 5 resources. 6 (2)(a) To oversee the development of a fiscal analysis 7 model by the state land planning agency, there is created a 8 commission consisting of nine members. The Governor, the 9 President of the Senate, and the Speaker of the House of 10 Representatives shall each appoint three members to the 11 commission, and the Governor shall designate one of his 12 appointees as chair. Appointments must be made by July 1, 13 2001, and each appointing authority shall consider ethnic and 14 gender balance when making appointments. The members of the 15 commission must have technical or practical expertise to bring 16 to bear on the design or implementation of the model. The 17 commission shall include representatives of municipalities, 18 counties, school boards, the development community, and public 19 interest groups. 20 (b) The commission shall have the responsibility to: 21 1. Direct the state land planning agency, and others, 22 in developing a fiscal analysis model. 23 2. Select one or more models to test through six pilot 24 projects conducted in six regionally diverse local government 25 jurisdictions selected by the commission. 26 3. Make changes to the models during the testing 27 period as needed. 28 4. Report to the Governor and the Legislature with 29 implementation recommendations. 30 (c) Each member may receive per diem and expenses for 31 travel, as provided in s. 112.061, Florida Statutes, while 44 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 carrying out the official business of the commission. 2 (d) The commission is assigned, for administrative 3 purposes, to the Department of Community Affairs. 4 (e) The commission shall meet at the call of the chair 5 and shall be dissolved upon the submittal of the report and 6 recommendations required by subsection (6). 7 (3)(a) The state land planning agency, as directed by 8 the commission, shall develop one or more fiscal analysis 9 models for determining the estimated costs and revenues of 10 proposed development. The analysis provided by the model 11 shall be a tool for government decisionmaking, shall not 12 constitute an automatic approval or disapproval of new 13 development, and shall apply to all public and private 14 projects and all land use categories. The model or models 15 selected for field testing shall be approved by the 16 commission. 17 (b) The model shall be capable of estimating the 18 capital, operating, and maintenance expenses and revenues for 19 infrastructure needs created by new development based on the 20 type, scale, and location of various land uses. For the 21 purposes of developing the model, estimated costs shall 22 include those associated with provision of school facilities, 23 transportation facilities, water supply, sewer, stormwater, 24 public safety, and solid waste services, and publicly provided 25 telecommunications services. Estimated revenues shall include 26 all revenues attributable to the proposed development which 27 are utilized to construct, operate, or maintain such 28 facilities and services. The model may be developed with 29 capabilities of estimating other costs and benefits directly 30 related to new development, including economic costs and 31 benefits. The Legislature recognizes the potential 45 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 limitations of such models in fairly quantifying important 2 quality of life issues such as the intangible benefits and 3 costs associated with development, including, but not limited 4 to, overall impact on community character, housing costs, 5 compatibility, and impacts on natural and historic resources, 6 and therefore affirms its intention that the model not be used 7 as the only determinate of the acceptability of new 8 development. In order to develop a model for testing through 9 pilot projects, the Legislature directs the commission to 10 focus on the infrastructure costs expressly identified in this 11 paragraph. The commission may authorize a local government 12 selected to conduct a pilot project to apply the fiscal 13 analysis model being tested to a public facility or service 14 other than those identified in this paragraph; however, 15 appropriately related revenues and benefits must also be 16 considered. 17 (c) The model shall be capable of identifying 18 infrastructure deficits or backlogs, and costs associated with 19 addressing such needs. 20 (d) As part of its development of a fiscal analysis 21 model, and as directed by the commission, the state land 22 planning agency shall develop a format by which the local 23 government shall report to its citizens, at least annually, 24 the cumulative fiscal impact of its local planning decisions. 25 (4) One or more fiscal analysis models shall be tested 26 in the field to evaluate their technical validity and 27 practical usefulness and the financial feasibility of local 28 government implementation. The field tests shall be conducted 29 as demonstration projects in six regionally diverse local 30 government jurisdictions. 31 (5) Data, findings, and feedback from the field tests 46 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 shall be presented to the commission at least every 3 months 2 following the initiation of each demonstration project. Based 3 on the feedback provided by the state land planning agency and 4 the local government partner of a demonstration project, the 5 commission may require the state land planning agency to 6 adjust or modify one or more models, including consideration 7 of appropriate thresholds and exemptions, and conduct 8 additional field testing if necessary. 9 (6) No later than February 1, 2003, the commission 10 shall transmit to the Governor, the President of the Senate, 11 and the Speaker of the House of Representatives a report 12 detailing the results of the demonstration projects. The 13 commission shall report its recommendations for statewide 14 implementation of a uniform fiscal analysis model. Any 15 recommendation to implement the model must be based on the 16 commission's determination that the model is technically 17 valid, financially feasible for local government 18 implementation, and practically useful for implementation as a 19 uniform fiscal analysis model. Should the commission determine 20 that a uniform fiscal analysis model is not technically valid, 21 financially feasible for local government implementation, and 22 practically useful for implementation as a uniform fiscal 23 analysis model, it shall recommend that the model or its 24 application be modified or not implemented. The report shall 25 also include recommendations for changes to any existing 26 growth management laws and policies necessary to implement the 27 model; recommendations for repealing existing growth 28 management laws, such as concurrency, that may no longer be 29 relevant or effective once the model is implemented; 30 recommendations for state technical and financial assistance 31 to help local governments in the implementation of the uniform 47 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 fiscal analysis model; recommendations addressing state and 2 local sources of additional infrastructure funding; and 3 recommendations for incentives to local governments to 4 encourage identification of areas in which infrastructure 5 development will be encouraged. 6 Section 11. There is appropriated to the Department of 7 Community Affairs from the General Revenue Fund $500,000 to 8 implement the requirements of this act relating to development 9 of a uniform fiscal impact analysis model. 10 Section 12. Section 235.002, Florida Statutes, is 11 amended to read: 12 235.002 Intent.-- 13 (1) The intent of the Legislature is: 14 (a) To provide each student in the public education 15 system the availability of an educational environment 16 appropriate to his or her educational needs which is 17 substantially equal to that available to any similar student, 18 notwithstanding geographic differences and varying local 19 economic factors, and to provide facilities for the Florida 20 School for the Deaf and the Blind and other educational 21 institutions and agencies as may be defined by law. 22 (a)(b) To encourage the use of innovative designs, 23 construction techniques, and financing mechanisms in building 24 educational facilities for the purpose of reducing costs to 25 the taxpayer, creating a more satisfactory educational 26 environment, and reducing the amount of time necessary for 27 design, permitting of on-site and off-site improvements 28 required by law, and construction to fill unmet needs. 29 (b)(c) To provide a systematic mechanism whereby 30 educational facilities construction plans can meet the current 31 and projected needs of the public education system population 48 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 as quickly as possible by building uniform, sound educational 2 environments and to provide a sound base for planning for 3 educational facilities needs. 4 (c)(d) To provide proper legislative support for as 5 wide a range of fiscally sound financing methodologies for as 6 possible for the delivery of educational facilities and, where 7 appropriate, for their construction, operation, and 8 maintenance. 9 (d) To establish a systematic process of sharing 10 information between school boards and local governments on the 11 growth and development trends in their communities in order to 12 forecast future enrollment and school needs. 13 (e) To establish a systematic process for school 14 boards and local governments to cooperatively plan for the 15 provision of educational facilities to meet the current and 16 projected needs of the public education system population, 17 including the needs placed on the public education system as a 18 result of growth and development decisions by local 19 government. 20 (f) To establish a systematic process for local 21 governments and school boards to cooperatively identify and 22 meet the infrastructure needs of public schools. 23 (2) The Legislature finds and declares that: 24 (a) Public schools are a linchpin to the vitality of 25 our communities and play a significant role in the thousands 26 of individual housing decisions that result in community 27 growth trends. 28 (b)(a) Growth and development issues transcend the 29 boundaries and responsibilities of individual units of 30 government, and often no single unit of government can plan or 31 implement policies to deal with these issues without affecting 49 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 other units of government. 2 (c)(b) The effective and efficient provision of public 3 educational facilities and services enhances is essential to 4 preserving and enhancing the quality of life of the people of 5 this state. 6 (d)(c) The provision of educational facilities often 7 impacts community infrastructure and services. Assuring 8 coordinated and cooperative provision of such facilities and 9 associated infrastructure and services is in the best interest 10 of the state. 11 Section 13. Subsection (1) of section 235.061, Florida 12 Statutes, is amended to read: 13 235.061 Standards for relocatables used as classroom 14 space; inspections.-- 15 (1) The Commissioner of Education shall adopt rules 16 establishing standards for relocatables intended for long-term 17 use as classroom space at a public elementary school, middle 18 school, or high school. "Long-term use" means the use of 19 relocatables at the same educational plant for a period of 4 20 years or more. These rules must be implemented by July 1, 21 1998, and each relocatable acquired by a district school board 22 after the effective date of the rules and intended for 23 long-term use must comply with the standards. The rules shall 24 require that, by July 1, 2002 2001, relocatables that fail to 25 meet the standards may not be used as classrooms. The 26 standards shall protect the health, safety, and welfare of 27 occupants by requiring compliance with the Uniform Building 28 Code for Public Educational Facilities or other locally 29 adopted state minimum building codes to ensure the safety and 30 stability of construction and onsite installation; fire and 31 moisture protection; air quality and ventilation; appropriate 50 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 wind resistance; and compliance with the requirements of the 2 Americans with Disabilities Act of 1990. If appropriate, the 3 standards must also require relocatables to provide access to 4 the same technologies available to similar classrooms within 5 the main school facility and, if appropriate, to be accessible 6 by adequate covered walkways. By July 1, 2000, the 7 commissioner shall adopt standards for all relocatables 8 intended for long-term use as classrooms. A relocatable that 9 is subject to this section and does not meet the standards 10 shall not be reported as providing satisfactory student 11 stations in the Florida Inventory of School Houses. 12 Section 14. Section 235.15, Florida Statutes, is 13 amended to read: 14 235.15 Educational plant survey; localized need 15 assessment; PECO project funding.-- 16 (1) At least every 5 years, each board, including the 17 Board of Regents, shall arrange for an educational plant 18 survey, to aid in formulating plans for housing the 19 educational program and student population, faculty, 20 administrators, staff, and auxiliary and ancillary services of 21 the district or campus, including consideration of the local 22 comprehensive plan. The Division of Workforce Development 23 shall document the need for additional career and adult 24 education programs and the continuation of existing programs 25 before facility construction or renovation related to career 26 or adult education may be included in the educational plant 27 survey of a school district or community college that delivers 28 career or adult education programs. Information used by the 29 Division of Workforce Development to establish facility needs 30 must include, but need not be limited to, labor market data, 31 needs analysis, and information submitted by the school 51 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 district or community college. 2 (a) Survey preparation and required data.--Each survey 3 shall be conducted by the board or an agency employed by the 4 board. Surveys shall be reviewed and approved by the board, 5 and a file copy shall be submitted to the Office of 6 Educational Facilities of the Commissioner of Education. The 7 survey report shall include at least an inventory of existing 8 educational and ancillary plants; recommendations for existing 9 educational and ancillary plants; recommendations for new 10 educational or ancillary plants, including the general 11 location of each in coordination with the land use plan; 12 campus master plan update and detail for community colleges; 13 the utilization of school plants based on an extended school 14 day or year-round operation; and such other information as may 15 be required by the rules of the State Board of Education. This 16 report may be amended, if conditions warrant, at the request 17 of the board or commissioner. 18 (b) Required need assessment criteria for district, 19 community college, and state university plant surveys.--Each 20 Educational plant surveys survey completed after December 31, 21 1997, must use uniform data sources and criteria specified in 22 this paragraph. Each educational plant survey completed after 23 June 30, 1995, and before January 1, 1998, must be revised, if 24 necessary, to comply with this paragraph. Each revised 25 educational plant survey and each new educational plant survey 26 supersedes previous surveys. 27 1. The school district's survey shall be a part of the 28 district's educational facilities plan under s. 235.185. Each 29 school district's educational plant survey must reflect the 30 capacity of existing satisfactory facilities as reported in 31 the Florida Inventory of School Houses. Projections of 52 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 facility space needs may not exceed the norm space and 2 occupant design criteria established by the State Requirements 3 for Educational Facilities. Existing and projected capital 4 outlay full-time equivalent student enrollment must be 5 consistent with data prepared by the department and must 6 include all enrollment used in the calculation of the 7 distribution formula in s. 235.435(3). All satisfactory 8 relocatable classrooms, including those owned, 9 lease-purchased, or leased by the school district, shall be 10 included in the school district inventory of gross capacity of 11 facilities and must be counted at actual student capacity for 12 purposes of the inventory. For future needs determination, 13 student capacity shall not be assigned to any relocatable 14 classroom that is scheduled for elimination or replacement 15 with a permanent educational facility in the adopted 5-year 16 educational plant survey and in the district facilities work 17 program adopted under s. 235.185. Those relocatables clearly 18 identified and scheduled for replacement in a school board 19 adopted financially feasible 5-year district facilities work 20 program shall be counted at zero capacity at the time the work 21 program is adopted and approved by the school board. However, 22 if the district facilities work program is changed or altered 23 and the relocatables are not replaced as scheduled in the work 24 program, they must then be reentered into the system for 25 counting at actual capacity. Relocatables may not be 26 perpetually added to the work program and continually extended 27 for purposes of circumventing the intent of this section. All 28 remaining relocatable classrooms, including those owned, 29 lease-purchased, or leased by the school district, shall be 30 counted at actual student capacity. The educational plant 31 survey shall identify the number of relocatable student 53 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 stations scheduled for replacement during the 5-year survey 2 period and the total dollar amount needed for that 3 replacement. All district educational plant surveys revised 4 after July 1, 1998, shall include information on leased space 5 used for conducting the district's instructional program, in 6 accordance with the recommendations of the department's report 7 authorized in s. 235.056. A definition of satisfactory 8 relocatable classrooms shall be established by rule of the 9 department. 10 2. Each survey of a special facility, joint-use 11 facility, or cooperative vocational education facility must be 12 based on capital outlay full-time equivalent student 13 enrollment data prepared by the department for school 14 districts, by the Division of Community Colleges for community 15 colleges, and by the Board of Regents for state universities. 16 A survey of space needs of a joint-use facility shall be based 17 upon the respective space needs of the school districts, 18 community colleges, and universities, as appropriate. 19 Projections of a school district's facility space needs may 20 not exceed the norm space and occupant design criteria 21 established by the State Requirements for Educational 22 Facilities. 23 3. Each community college's survey must reflect the 24 capacity of existing facilities as specified in the inventory 25 maintained by the Division of Community Colleges. Projections 26 of facility space needs must comply with standards for 27 determining space needs as specified by rule of the State 28 Board of Education. The 5-year projection of capital outlay 29 student enrollment must be consistent with the annual report 30 of capital outlay full-time student enrollment prepared by the 31 Division of Community Colleges. 54 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 4. Each state university's survey must reflect the 2 capacity of existing facilities as specified in the inventory 3 maintained and validated by the Board of Regents. Projections 4 of facility space needs must be consistent with standards for 5 determining space needs approved by the Board of Regents. The 6 projected capital outlay full-time equivalent student 7 enrollment must be consistent with the 5-year planned 8 enrollment cycle for the State University System approved by 9 the Board of Regents. 10 5. The district educational facilities plan plant 11 survey of a school district and the educational plant survey 12 of a, community college, or state university may include space 13 needs that deviate from approved standards for determining 14 space needs if the deviation is justified by the district or 15 institution and approved by the department or the Board of 16 Regents, as appropriate, as necessary for the delivery of an 17 approved educational program. 18 (c) Review and validation.--The Office of Educational 19 Facilities of the Commissioner of Education department shall 20 review and validate the educational facilities plans of school 21 districts and the surveys of school districts and community 22 colleges and any amendments thereto for compliance with the 23 requirements of this chapter and, when required by the State 24 Constitution, shall recommend those in compliance for approval 25 by the State Board of Education. 26 (2) Only the superintendent or the college president 27 shall certify to the Office of Educational Facilities of the 28 Commissioner of Education department a project's compliance 29 with the requirements for expenditure of PECO funds prior to 30 release of funds. 31 (a) Upon request for release of PECO funds for 55 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 planning purposes, certification must be made to the Office of 2 Educational Facilities of the Commissioner of Education 3 department that the need and location of the facility are in 4 compliance with the board-approved educational facilities plan 5 or survey recommendations, and that the project meets the 6 definition of a PECO project and the limiting criteria for 7 expenditures of PECO funding, and that the plan is consistent 8 with the local government comprehensive plan. 9 (b) Upon request for release of construction funds, 10 certification must be made to the Office of Educational 11 Facilities of the Commissioner of Education department that 12 the need and location of the facility are in compliance with 13 the board-approved educational facilities plan or survey 14 recommendations, that the project meets the definition of a 15 PECO project and the limiting criteria for expenditures of 16 PECO funding, and that the construction documents meet the 17 requirements of the State Uniform Building Code for 18 Educational Facilities Construction or other applicable codes 19 as authorized in this chapter, and that the site is consistent 20 with the local government comprehensive plan. 21 Section 15. Subsection (3) of section 235.175, Florida 22 Statutes, is amended to read: 23 235.175 SMART schools; Classrooms First; legislative 24 purpose.-- 25 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK 26 PROGRAMS.--It is the purpose of the Legislature to create s. 27 235.185, requiring each school district annually to adopt an 28 educational a district facilities plan that provides an 29 integrated long-range facilities plan, including the survey of 30 projected needs and the 5-year work program. The purpose of 31 the educational district facilities plan work program is to 56 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 keep the school board, local governments, and the public fully 2 informed as to whether the district is using sound policies 3 and practices that meet the essential needs of students and 4 that warrant public confidence in district operations. The 5 educational district facilities plan work program will be 6 monitored by the SMART Schools Clearinghouse, which will also 7 apply performance standards pursuant to s. 235.218. 8 Section 16. Section 235.18, Florida Statutes, is 9 amended to read: 10 235.18 Annual capital outlay budget.--Each board, 11 including the Board of Regents, shall, each year, adopt a 12 capital outlay budget for the ensuing year in order that the 13 capital outlay needs of the board for the entire year may be 14 well understood by the public. This capital outlay budget 15 shall be a part of the annual budget and shall be based upon 16 and in harmony with the educational plant and ancillary 17 facilities plan. This budget shall designate the proposed 18 capital outlay expenditures by project for the year from all 19 fund sources. The board may not expend any funds on any 20 project not included in the budget, as amended. Each district 21 school board must prepare its tentative district educational 22 facilities plan work program as required by s. 235.185 before 23 adopting the capital outlay budget. 24 Section 17. Section 235.185, Florida Statutes, is 25 amended to read: 26 235.185 School district educational facilities plan 27 work program; definitions; preparation, adoption, and 28 amendment; long-term work programs.-- 29 (1) DEFINITIONS.--As used in this section, the term: 30 (a) "Adopted educational district facilities plan work 31 program" means the comprehensive planning document 5-year work 57 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 program adopted annually by the district school board as 2 provided in subsection (4) which contains the educational 3 plant survey (3). 4 (b) "Tentative District facilities work program" means 5 the 5-year listing of capital outlay projects adopted by the 6 district school board as provided in paragraph (2)(b) as part 7 of the district educational facilities plan which are 8 required: 9 1. To properly repair and maintain the educational 10 plant and ancillary facilities of the district. 11 2. To provide an adequate number of satisfactory 12 student stations for the projected student enrollment of the 13 district in K-12 programs in accordance with the goal in s. 14 235.062. 15 (c) "Tentative educational facilities plan" means the 16 comprehensive planning document prepared annually by the 17 district school board and submitted to the Office of 18 Educational Facilities of the Commissioner of Education and 19 the affected general purpose local governments. 20 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 21 FACILITIES PLAN; WORK PROGRAM.-- 22 (a) Annually, prior to the adoption of the district 23 school budget, each school board shall prepare a tentative 24 district educational facilities plan work program that 25 includes long-range planning for facilities needs over 5-year, 26 10-year, and 20-year periods. The plan shall be developed in 27 coordination with the general purpose local governments and be 28 consistent with the local government comprehensive plans. The 29 school board's plan for provision of new schools shall meet 30 the needs of all growing communities in the district, ranging 31 from small rural communities to large urban cities. The plan 58 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 shall: 2 1. Consider projected student populations for the 3 5-year, 10-year, and 20-year planning periods apportioned 4 geographically at the local level. The projections shall be 5 based on information produced by the demographic, revenue, and 6 education estimating conferences pursuant to s. 216.136, where 7 available, as modified by the school district based on 8 development data and agreement with the local governments and 9 the Office of Educational Facilities of the Commissioner of 10 Education. The projections shall be apportioned geographically 11 with assistance from the local governments, using local 12 development trend data, the comprehensive plan, and the school 13 district student enrollment data. 14 2. Provide an inventory of existing school facilities. 15 Any anticipated expansions or closures of existing school 16 sites over the 5-year, 10-year, and 20-year periods shall be 17 identified. The inventory shall include an assessment of areas 18 proximate to existing schools and identification of the need 19 for improvements to infrastructure, safety, and conditions in 20 the community. The plan shall also provide a listing of major 21 repairs and renovation projects anticipated over the period of 22 the plan. 23 3. Include projections of facilities space needs, 24 which may not exceed the norm space and occupant design 25 criteria established in the State Requirements for Educational 26 Facilities. 27 4. Include information on leased, loaned, and donated 28 space and relocatables used for conducting the district's 29 instructional programs. 30 5. Describe the general location of public schools 31 proposed to be constructed over the 5-year, 10-year, and 59 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 20-year time periods, including a listing of the proposed 2 schools' site acreage needs and anticipated capacity and 3 including maps showing general locations. The school board's 4 identification of general locations of future school sites 5 shall be based on the school siting requirements of s. 6 163.3177(6)(a) and policies in the comprehensive plan which 7 provide guidance for appropriate locations for school sites. 8 (b) The educational facilities plan shall also include 9 a financially feasible district facilities work program for a 10 5-year period. The work program shall include: 11 1. A schedule of major repair and renovation projects 12 necessary to maintain the educational facilities plant and 13 ancillary facilities of the district. 14 2. A schedule of capital outlay projects necessary to 15 ensure the availability of satisfactory student stations for 16 the projected student enrollment in K-12 programs. This 17 schedule shall consider: 18 a. The locations, capacities, and planned utilization 19 rates of current educational facilities of the district. The 20 capacity of existing satisfactory facilities, as reported in 21 the Florida Inventory of School Houses, shall be compared to 22 the capital outlay full-time equivalent student enrollment as 23 determined by the department, including all enrollment used in 24 the calculation of the distribution formula under s. 25 235.435(3). 26 b. The proposed locations of planned facilities, 27 whether those locations are consistent with the comprehensive 28 plans of all affected local governments, and recommendations 29 for infrastructure and other improvements to land adjacent to 30 existing facilities. The provisions of ss. 235.19 and 31 235.193(5), (6), and (7) shall be addressed for new facilities 60 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 planned within the first 3 years of the work plan, as 2 appropriate. 3 c. Plans for the use and location of relocatable 4 facilities, leased facilities, and charter school facilities. 5 d. Plans for multitrack scheduling, grade level 6 organization, block scheduling, or other alternatives that 7 reduce the need for additional permanent student stations. 8 e. Information concerning average class size and 9 utilization rate by grade level within the district that will 10 result if the tentative district facilities work program is 11 fully implemented. The average shall not include exceptional 12 student education classes or prekindergarten classes. 13 f. The number and percentage of district students 14 planned to be educated in relocatable facilities during each 15 year of the tentative district facilities work program. For 16 future needs determination, student capacity shall not be 17 assigned to any relocatable classroom that is scheduled for 18 elimination or replacement with a permanent educational 19 facility in the current year of the adopted district 20 educational facilities plan and in the district facilities 21 work program adopted under this section. Those relocatables 22 clearly identified and scheduled for replacement in a school 23 board adopted, financially feasible, 5-year district 24 facilities work program shall be counted at zero capacity at 25 the time the work program is adopted and approved by the 26 school board. However, if the district facilities work program 27 is changed or altered and the relocatables are not replaced as 28 scheduled in the work program, they must then be reentered 29 into the system for counting at actual capacity. Relocatables 30 may not be perpetually added to the work program and 31 continually extended for purposes of circumventing the intent 61 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 of this section. All relocatable classrooms not identified and 2 scheduled for replacement, including those owned, 3 lease-purchased, or leased by the school district, shall be 4 counted at actual student capacity. The district educational 5 facilities plan shall identify the number of relocatable 6 student stations scheduled for replacement during the 5-year 7 survey period and the total dollar amount needed for that 8 replacement. 9 g. Plans for the closure of any school, including 10 plans for disposition of the facility or usage of facility 11 space, and anticipated revenues. 12 h. Projects for which capital outlay and debt service 13 funds accruing under s. 9(d), Art. XII of the State 14 Constitution are to be used shall be identified separately in 15 priority order as a project priority list within the district 16 facilities work program. 17 3. The projected cost for each project identified in 18 the tentative district facilities work program. For proposed 19 projects for new student stations, a schedule shall be 20 prepared comparing the planned cost and square footage for 21 each new student station, by elementary, middle, and high 22 school levels, to the low, average, and high cost of 23 facilities constructed throughout the state during the most 24 recent fiscal year for which data is available from the 25 Department of Education. 26 4. A schedule of projected estimated capital outlay 27 revenues from all sources each currently approved source which 28 is estimated to be available to fully fund for expenditure on 29 the projects included in the tentative district facilities 30 5-year work program. Revenue sources may include, but are not 31 limited to, projections of: 62 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 a. Ad valorem tax base, assessment ratio, and millage 2 rate. 3 b. State revenue distributions. 4 c. Revenue and debt service obligations from current 5 and proposed bond issues. 6 d. Any other revenue sources available to fund 7 facility needs of the district, including effort index grants, 8 SIT Program awards, and Classrooms First funds. 9 e. The 0.5-cent sales surtax and the local government 10 infrastructure sales surtax, if levied. 11 5. A schedule indicating which projects included in 12 the tentative district facilities work program will be funded 13 from current revenues projected in subparagraph 4. 14 6. A schedule of options for the generation of 15 additional revenues by the district for expenditure on 16 projects identified in the tentative district facilities work 17 program which are not funded under subparagraph 5. Additional 18 anticipated revenues may include effort index grants, SIT 19 Program awards, and Classrooms First funds. 20 (c)(b) To the extent available, The tentative district 21 educational facilities plan work program shall be based on 22 information produced by the demographic, revenue, and 23 education estimating conferences pursuant to s. 216.136 to the 24 extent available, and based on agreement pursuant to 25 subparagraph (a)1. 26 (d)(c) Provision shall be made for public comment 27 concerning the tentative district educational facilities plan 28 work program. 29 (e) The district school board shall coordinate with 30 each affected local government to ensure consistency between 31 the tentative district educational facilities plan and the 63 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 local government comprehensive plans of the affected local 2 governments during the development of the tentative district 3 educational facilities plan. 4 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL 5 FACILITIES PLAN TO THE LOCAL GOVERNMENT.--The district school 6 board shall submit a copy of its tentative district 7 educational facilities plan to all affected local governments 8 prior to adoption by the board. The affected local governments 9 shall review the tentative district educational facilities 10 plan and comment to the district school board on the 11 consistency of the plan with the local comprehensive plan, 12 whether a comprehensive plan amendment will be necessary for 13 any proposed educational facility, and whether the local 14 government supports a necessary comprehensive plan amendment. 15 If the local government does not support a comprehensive plan 16 amendment for a proposed educational facility, the matter 17 shall be resolved pursuant to the interlocal agreement 18 required by ss. 163.31776(4) and 235.193(2). The process for 19 the submittal and review shall be detailed in the interlocal 20 agreement required pursuant to ss. 163.31776(4) and 21 235.193(2). Where the school board and the local government 22 have not entered into an interlocal agreement pursuant to ss. 23 163.31776(4) and 235.193(2), the school board and the local 24 government must determine a mutually acceptable process for 25 submittal and review of the tentative district educational 26 facilities plan. Disputes between the school board and the 27 local government, in instances where the school board and the 28 local government have not entered into an interlocal agreement 29 pursuant to ss. 163.31776(4) and 235.193(2), shall be 30 addressed pursuant to s. 163.3181. 31 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN 64 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 WORK PROGRAM.--Annually, the district school board shall 2 consider and adopt the tentative district educational 3 facilities plan work program completed pursuant to subsection 4 (2). Upon giving proper public notice to the public and local 5 governments and opportunity for public comment, the district 6 school board may amend the plan program to revise the priority 7 of projects, to add or delete projects, to reflect the impact 8 of change orders, or to reflect the approval of new revenue 9 sources which may become available. The adopted district 10 educational facilities plan work program shall include a 11 5-year facilities work program which shall: 12 (a) Be a complete, balanced, and financially feasible 13 capital outlay financial plan for the district. 14 (b) Set forth the proposed commitments and planned 15 expenditures of the district to address the educational 16 facilities needs of its students and to adequately provide for 17 the maintenance of the educational plant and ancillary 18 facilities. 19 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL 20 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted 21 district educational facilities plan work program shall 22 constitute the capital outlay budget required in s. 235.18. 23 The adopted district facilities work program shall include the 24 information required in paragraph (2)(b) subparagraphs 25 (2)(a)1., 2., and 3., based upon projects actually funded in 26 the program. 27 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to 28 the adopted district facilities work program covering the 29 5-year work program, the district school board shall adopt 30 annually a 10-year and a 20-year work program which include 31 the information set forth in subsection (2), but based upon 65 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 enrollment projections and facility needs for the 10-year and 2 20-year periods. It is recognized that the projections in the 3 10-year and 20-year timeframes are tentative and should be 4 used only for general planning purposes. 5 Section 18. Section 235.188, Florida Statutes, is 6 amended to read: 7 235.188 Full bonding required to participate in 8 programs.--Any district with unused bonding capacity in its 9 Capital Outlay and Debt Service Trust Fund allocation that 10 certifies in its district educational facilities plan work 11 program that it will not be able to meet all of its need for 12 new student stations within existing revenues must fully bond 13 its Capital Outlay and Debt Service Trust Fund allocation 14 before it may participate in Classrooms First, the School 15 Infrastructure Thrift (SIT) Program, or the Effort Index 16 Grants Program. 17 Section 19. Section 235.19, Florida Statutes, is 18 amended to read: 19 235.19 Site planning and selection.-- 20 (1) If the school board and local government have 21 entered into an interlocal agreement pursuant to ss. 22 163.31776(4) and 235.193(2) and have developed a process to 23 ensure consistency between the local government comprehensive 24 plan and the school district educational facilities plan and a 25 method to coordinate decisionmaking and approval activities 26 relating to school planning and site selection, the provisions 27 of this section are superseded by the interlocal agreement and 28 the plans of the local government and the school board. 29 (2)(1) Before acquiring property for sites, each board 30 shall determine the location of proposed educational centers 31 or campuses for the board. In making this determination, the 66 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 board shall consider existing and anticipated site needs and 2 the most economical and practicable locations of sites. The 3 board shall coordinate with the long-range or comprehensive 4 plans of local, regional, and state governmental agencies to 5 assure the consistency compatibility of such plans with site 6 planning. Boards are encouraged to locate schools proximate to 7 urban residential areas to the extent possible, and shall seek 8 to collocate schools with other public facilities, such as 9 parks, libraries, and community centers, to the extent 10 possible, and to encourage using elementary schools as focal 11 points for neighborhoods. 12 (3)(2) Each new site selected must be adequate in size 13 to meet the educational needs of the students to be served on 14 that site by the original educational facility or future 15 expansions of the facility through renovation or the addition 16 of relocatables. The Commissioner of Education shall prescribe 17 by rule recommended sizes for new sites according to 18 categories of students to be housed and other appropriate 19 factors determined by the commissioner. Less-than-recommended 20 site sizes are allowed if the board, by a two-thirds majority, 21 recommends such a site and finds that it can provide an 22 appropriate and equitable educational program on the site. 23 (4)(3) Sites recommended for purchase, or purchased, 24 in accordance with chapter 230 or chapter 240 must meet 25 standards prescribed therein and such supplementary standards 26 as the school board commissioner prescribes to promote the 27 educational interests of the students. Each site must be well 28 drained and either suitable for outdoor educational purposes 29 as appropriate for the educational program or collocated with 30 facilities to serve this purpose. As provided in s. 333.03, 31 the site must not be located within any path of flight 67 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 approach of any airport. Insofar as is practicable, the site 2 must not adjoin a right-of-way of any railroad or through 3 highway and must not be adjacent to any factory or other 4 property from which noise, odors, or other disturbances, or at 5 which conditions, would be likely to interfere with the 6 educational program. 7 (5)(4) It shall be the responsibility of the board to 8 provide adequate notice to appropriate municipal, county, 9 regional, and state governmental agencies for requested 10 traffic control and safety devices so they can be installed 11 and operating prior to the first day of classes or to satisfy 12 itself that every reasonable effort has been made in 13 sufficient time to secure the installation and operation of 14 such necessary devices prior to the first day of classes. It 15 shall also be the responsibility of the board to review 16 annually traffic control and safety device needs and to 17 request all necessary changes indicated by such review. 18 (6)(5) Each board may request county and municipal 19 governments to construct and maintain sidewalks and bicycle 20 trails within a 2-mile radius of each educational facility 21 within the jurisdiction of the local government. When a board 22 discovers or is aware of an existing hazard on or near a 23 public sidewalk, street, or highway within a 2-mile radius of 24 a school site and the hazard endangers the life or threatens 25 the health or safety of students who walk, ride bicycles, or 26 are transported regularly between their homes and the school 27 in which they are enrolled, the board shall, within 24 hours 28 after discovering or becoming aware of the hazard, excluding 29 Saturdays, Sundays, and legal holidays, report such hazard to 30 the governmental entity within the jurisdiction of which the 31 hazard is located. Within 5 days after receiving notification 68 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 by the board, excluding Saturdays, Sundays, and legal 2 holidays, the governmental entity shall investigate the 3 hazardous condition and either correct it or provide such 4 precautions as are practicable to safeguard students until the 5 hazard can be permanently corrected. However, if the 6 governmental entity that has jurisdiction determines upon 7 investigation that it is impracticable to correct the hazard, 8 or if the entity determines that the reported condition does 9 not endanger the life or threaten the health or safety of 10 students, the entity shall, within 5 days after notification 11 by the board, excluding Saturdays, Sundays, and legal 12 holidays, inform the board in writing of its reasons for not 13 correcting the condition. The governmental entity, to the 14 extent allowed by law, shall indemnify the board from any 15 liability with respect to accidents or injuries, if any, 16 arising out of the hazardous condition. 17 Section 20. Section 235.193, Florida Statutes, is 18 amended to read: 19 235.193 Coordination of planning with local governing 20 bodies.-- 21 (1) It is the policy of this state to require the 22 coordination of planning between boards and local governing 23 bodies to ensure that plans for the construction and opening 24 of public educational facilities are facilitated and 25 coordinated in time and place with plans for residential 26 development, concurrently with other necessary services. Such 27 planning shall include the integration of the educational 28 facilities plan plant survey and applicable policies and 29 procedures of a board with the local comprehensive plan and 30 land development regulations of local governments governing 31 bodies. The planning must include the consideration of 69 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 allowing students to attend the school located nearest their 2 homes when a new housing development is constructed near a 3 county boundary and it is more feasible to transport the 4 students a short distance to an existing facility in an 5 adjacent county than to construct a new facility or transport 6 students longer distances in their county of residence. The 7 planning must also consider the effects of the location of 8 public education facilities, including the feasibility of 9 keeping central city facilities viable, in order to encourage 10 central city redevelopment and the efficient use of 11 infrastructure and to discourage uncontrolled urban sprawl. 12 (2) No later than 6 months prior to the transmittal of 13 a public educational facilities element by general purpose 14 local governments meeting the criteria of s. 163.31776(3), the 15 school district, the county, and the nonexempt municipalities 16 shall enter into an interlocal agreement which establishes a 17 process to develop coordinated and consistent local government 18 public educational facilities elements and district 19 educational facilities plans, including a process: 20 (a) By which each local government and the school 21 district agree and base the local government comprehensive 22 plan and educational facilities plan on uniform projections of 23 the amount, type, and distribution of population growth and 24 student enrollment. 25 (b) To coordinate and share information relating to 26 existing and planned public school facilities and local 27 government plans for development and redevelopment. 28 (c) To ensure that school siting decisions by the 29 school board are consistent with the local comprehensive plan, 30 including appropriate circumstances and criteria under which a 31 school district may request an amendment to the comprehensive 70 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 plan for school siting, and for early involvement by the local 2 government as the school board identifies potential school 3 sites. 4 (d) To coordinate and provide formal timely comments 5 during the development, adoption, and amendment of each local 6 government's public educational facilities element and the 7 educational facilities plan of the school district to ensure a 8 uniform countywide school facility planning system. 9 (e) For school district participation in the review of 10 land use decisions which increase residential density and 11 which are reasonably expected to have an impact on public 12 school facility demand. 13 (f) For the resolution of disputes between the school 14 district and local governments. 15 16 Any school board that has entered into an interlocal agreement 17 for the purpose of adopting public school concurrency prior to 18 the effective date of this act is not required to amend the 19 interlocal agreement to conform to this subsection if the 20 comprehensive plan amendment adopting public school 21 concurrency is ultimately determined to be in compliance. 22 (3) Failure to enter into an interlocal agreement as 23 required by subsection (2) shall result in the withholding of 24 funds for school construction available pursuant to ss. 25 235.187, 235.216, 235.2195, and 235.42, and the school 26 district shall be prohibited from siting schools. Before the 27 Office of Educational Facilities of the Commissioner of 28 Education withholds any funds, the office shall provide the 29 school board with a notice of intent to withhold funds, which 30 the school board may dispute pursuant to chapter 120. The 31 office shall withhold funds when a final order is issued 71 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 finding that the school board has failed to enter into an 2 interlocal agreement which meets the requirements of 3 subsection (2). 4 (4)(2) A school board and the local governing body 5 must share and coordinate information related to existing and 6 planned public school facilities; proposals for development, 7 redevelopment, or additional development; and infrastructure 8 required to support the public school facilities, concurrent 9 with proposed development. A school board shall use 10 information produced by the demographic, revenue, and 11 education estimating conferences pursuant to s. 216.136 12 Department of Education enrollment projections when preparing 13 the 5-year district educational facilities plan work program 14 pursuant to s. 235.185 in, and a school board shall 15 affirmatively demonstrate in the educational facilities report 16 consideration of local governments' population projections to 17 ensure that the educational facilities plan 5-year work 18 program not only reflects enrollment projections but also 19 considers applicable municipal and county growth and 20 development projections. The school board may modify the 21 information produced by the estimating conferences, with the 22 approval of the local governments and the Office of 23 Educational Facilities of the Commissioner of Education. The 24 projections shall be apportioned geographically with 25 assistance from the local governments using local development 26 trend data and the school district student enrollment data. A 27 school board is precluded from siting a new school in a 28 jurisdiction where the school board has failed to provide the 29 annual educational facilities plan report for the prior year 30 required pursuant to s. 235.185 235.194 unless the failure is 31 corrected. 72 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (5)(3) The location of public educational facilities 2 shall be consistent with the comprehensive plan of the 3 appropriate local governing body developed under part II of 4 chapter 163 and consistent with the plan's implementing land 5 development regulations, to the extent that the regulations 6 are not in conflict with or the subject regulated is not 7 specifically addressed by this chapter or the State Uniform 8 Building Code, unless mutually agreed by the local government 9 and the board. 10 (6)(4) To improve coordination relative to potential 11 educational facility sites, a board shall provide written 12 notice to the local government that has regulatory authority 13 over the use of the land at least 120 60 days prior to 14 acquiring or leasing property that may be used for a new 15 public educational facility. The local government, upon 16 receipt of this notice, shall notify the board within 45 days 17 if the site proposed for acquisition or lease is consistent 18 with the land use categories and policies of the local 19 government's comprehensive plan. This preliminary notice does 20 not constitute the local government's determination of 21 consistency pursuant to subsection (7) (5). 22 (7)(5) As early in the design phase as feasible, but 23 at least before commencing construction of a new public 24 educational facility, the local governing body that regulates 25 the use of land shall determine, in writing within 90 days 26 after receiving the necessary information and a school board's 27 request for a determination, whether a proposed public 28 educational facility is consistent with the local 29 comprehensive plan and consistent with local land development 30 regulations, to the extent that the regulations are not in 31 conflict with or the subject regulated is not specifically 73 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 addressed by this chapter or the State Uniform Building Code, 2 unless mutually agreed. If the determination is affirmative, 3 school construction may proceed and further local government 4 approvals are not required, except as provided in this 5 section. Failure of the local governing body to make a 6 determination in writing within 90 days after a school board's 7 request for a determination of consistency shall be considered 8 an approval of the school board's application. 9 (8)(6) A local governing body may not deny the site 10 applicant based on adequacy of the site plan as it relates 11 solely to the needs of the school. If the site is consistent 12 with the comprehensive plan plan's future land use policies 13 and categories in which public schools are identified as 14 allowable uses, the local government may not deny the 15 application but it may impose reasonable development standards 16 and conditions in accordance with s. 235.34(1) and consider 17 the site plan and its adequacy as it relates to environmental 18 concerns, health, safety and welfare, and effects on adjacent 19 property. Standards and conditions may not be imposed which 20 conflict with those established in this chapter or the State 21 Uniform Building Code, unless mutually agreed. 22 (9)(7) This section does not prohibit a local 23 governing body and district school board from agreeing and 24 establishing an alternative process for reviewing a proposed 25 educational facility and site plan, and offsite impacts 26 pursuant to an interlocal agreement adopted in accordance with 27 this section. 28 (10)(8) Existing schools shall be considered 29 consistent with the applicable local government comprehensive 30 plan adopted under part II of chapter 163. The collocation of 31 a new proposed public educational facility with an existing 74 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 public educational facility, or the expansion of an existing 2 public educational facility is not inconsistent with the local 3 comprehensive plan, if the site is consistent with the 4 comprehensive plan's future land use policies and categories 5 in which public schools are identified as allowable uses, and 6 levels of service adopted by the local government for any 7 facilities affected by the proposed location for the new 8 facility are maintained. If a board submits an application to 9 expand an existing school site, the local governing body may 10 impose reasonable development standards and conditions on the 11 expansion only, and in a manner consistent with s. 235.34(1). 12 Standards and conditions may not be imposed which conflict 13 with those established in this chapter or the State Uniform 14 Building Code, unless mutually agreed. Local government review 15 or approval is not required for: 16 (a) The placement of temporary or portable classroom 17 facilities; or 18 (b) Proposed renovation or construction on existing 19 school sites, with the exception of construction that changes 20 the primary use of a facility, includes stadiums, or results 21 in a greater than 5 percent increase in student capacity, or 22 as mutually agreed. 23 Section 21. Section 235.194, Florida Statutes, is 24 repealed. 25 Section 22. Section 235.218, Florida Statutes, is 26 amended to read: 27 235.218 School district educational facilities plan 28 work program performance and productivity standards; 29 development; measurement; application.-- 30 (1) The SMART Schools Clearinghouse shall develop and 31 adopt measures for evaluating the performance and productivity 75 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 of school district educational facilities plans work programs. 2 The measures may be both quantitative and qualitative and 3 must, to the maximum extent practical, assess those factors 4 that are within the districts' control. The measures must, at 5 a minimum, assess performance in the following areas: 6 (a) Frugal production of high-quality projects. 7 (b) Efficient finance and administration. 8 (c) Optimal school and classroom size and utilization 9 rate. 10 (d) Safety. 11 (e) Core facility space needs and cost-effective 12 capacity improvements that consider demographic projections, 13 land use patterns, and collocation and shared use with other 14 public facilities. 15 (f) Level of district local effort. 16 (2) The clearinghouse shall establish annual 17 performance objectives and standards that can be used to 18 evaluate district performance and productivity. 19 (3) The clearinghouse shall conduct ongoing 20 evaluations of district educational facilities plan program 21 performance and productivity, using the measures adopted under 22 this section. If, using these measures, the clearinghouse 23 finds that a district failed to perform satisfactorily, the 24 clearinghouse must recommend to the district school board 25 actions to be taken to improve the district's performance. 26 Section 23. Section 235.321, Florida Statutes, is 27 amended to read: 28 235.321 Changes in construction requirements after 29 award of contract.--The board may, at its option and by 30 written policy duly adopted and entered in its official 31 minutes, authorize the superintendent or president or other 76 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 designated individual to approve change orders in the name of 2 the board for preestablished amounts. Approvals shall be for 3 the purpose of expediting the work in progress and shall be 4 reported to the board and entered in its official minutes. For 5 accountability, the school district shall monitor and report 6 the impact of change orders on its district educational 7 facilities plan work program pursuant to s. 235.185. 8 Section 24. Paragraph (d) of subsection (5) of section 9 236.25, Florida Statutes, is amended to read: 10 236.25 District school tax.-- 11 (5) 12 (d) Notwithstanding any other provision of this 13 subsection, if through its adopted educational facilities plan 14 work program a district has clearly identified the need for an 15 ancillary plant, has provided opportunity for public input as 16 to the relative value of the ancillary plant versus an 17 educational plant, and has obtained public approval, the 18 district may use revenue generated by the millage levy 19 authorized by subsection (2) for the construction, renovation, 20 remodeling, maintenance, or repair of an ancillary plant. 21 22 A district that violates these expenditure restrictions shall 23 have an equal dollar reduction in funds appropriated to the 24 district under s. 236.081 in the fiscal year following the 25 audit citation. The expenditure restrictions do not apply to 26 any school district that certifies to the Commissioner of 27 Education that all of the district's instructional space needs 28 for the next 5 years can be met from capital outlay sources 29 that the district reasonably expects to receive during the 30 next 5 years or from alternative scheduling or construction, 31 leasing, rezoning, or technological methodologies that exhibit 77 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 sound management. 2 Section 25. Section 380.04, Florida Statutes, is 3 amended to read: 4 380.04 Definition of development.-- 5 (1) The term "development" means the carrying out of 6 any building activity or mining operation, the making of any 7 material change in the use or appearance of any structure or 8 land, or the dividing of land into three or more parcels. 9 (2) The following activities or uses shall be taken 10 for the purposes of this chapter to involve "development," as 11 defined in this section: 12 (a) A reconstruction, alteration of the size, or 13 material change in the external appearance of a structure on 14 land. 15 (b) A change in the intensity of use of land, such as 16 an increase in the number of dwelling units in a structure or 17 on land or a material increase in the number of businesses, 18 manufacturing establishments, offices, or dwelling units in a 19 structure or on land. 20 (c) Alteration of a shore or bank of a seacoast, 21 river, stream, lake, pond, or canal, including any "coastal 22 construction" as defined in s. 161.021. 23 (d) Commencement of drilling, except to obtain soil 24 samples, mining, or excavation on a parcel of land. 25 (e) Demolition of a structure. 26 (f) Clearing of land as an adjunct of construction. 27 (g) Deposit of refuse, solid or liquid waste, or fill 28 on a parcel of land. 29 (3) The following operations or uses shall not be 30 taken for the purpose of this chapter to involve "development" 31 as defined in this section: 78 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (a) Work by a highway or road agency or railroad 2 company for the maintenance or improvement of a road or 3 railroad track, if the work is carried out on land within the 4 boundaries of the right-of-way. 5 (b) Work by any utility and other persons engaged in 6 the distribution or transmission of gas, electricity, or 7 water, for the purpose of inspecting, repairing, renewing, or 8 constructing on established rights-of-way any sewers, mains, 9 pipes, cables, utility tunnels, power lines, towers, poles, 10 tracks, or the like. 11 (c) Work for the maintenance, renewal, improvement, or 12 alteration of any structure, if the work affects only the 13 interior or the color of the structure or the decoration of 14 the exterior of the structure. 15 (d) The use of any structure or land devoted to 16 dwelling uses for any purpose customarily incidental to 17 enjoyment of the dwelling. 18 (e) The use of any land for the purpose of growing 19 plants, crops, trees, and other agricultural or forestry 20 products; raising livestock; or for other agricultural 21 purposes. 22 (f) A change in use of land or structure from a use 23 within a class specified in an ordinance or rule to another 24 use in the same class. 25 (g) A change in the ownership or form of ownership of 26 any parcel or structure. 27 (h) The creation or termination of rights of access, 28 riparian rights, easements, covenants concerning development 29 of land, or other rights in land. 30 (4) "Development," as designated in an ordinance, 31 rule, or development permit includes all other development 79 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 customarily associated with it unless otherwise specified. 2 When appropriate to the context, "development" refers to the 3 act of developing or to the result of development. Reference 4 to any specific operation is not intended to mean that the 5 operation or activity, when part of other operations or 6 activities, is not development. Reference to particular 7 operations is not intended to limit the generality of 8 subsection (1). 9 Section 26. Paragraph (e) of subsection (2) of section 10 380.06, Florida Statutes, is amended to read: 11 380.06 Developments of regional impact.-- 12 (2) STATEWIDE GUIDELINES AND STANDARDS.-- 13 (e) With respect to residential, hotel, motel, office, 14 and retail developments, the applicable guidelines and 15 standards shall be increased by 50 percent in urban central 16 business districts and regional activity centers of 17 jurisdictions whose local comprehensive plans are in 18 compliance with part II of chapter 163. With respect to 19 multiuse developments, the applicable guidelines and standards 20 shall be increased by 100 percent in urban central business 21 districts and regional activity centers of jurisdictions whose 22 local comprehensive plans are in compliance with part II of 23 chapter 163, if one land use of the multiuse development is 24 residential and amounts to not less than 35 percent of the 25 jurisdiction's applicable residential threshold. With respect 26 to resort or convention hotel developments, the applicable 27 guidelines and standards shall be increased by 150 percent in 28 urban central business districts and regional activity centers 29 of jurisdictions whose local comprehensive plans are in 30 compliance with part II of chapter 163 and where the increase 31 is specifically for a proposed resort or convention hotel 80 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 located in a county with a population greater than 500,000 and 2 the local government specifically designates that the proposed 3 resort or convention hotel development will serve an existing 4 convention center of more than 250,000 gross square feet built 5 prior to July 1, 1992. The applicable guidelines and standards 6 shall be increased by 200 percent for development in any area 7 designated by the Governor as a rural area of critical 8 economic concern pursuant to s. 288.0656 during the 9 effectiveness of the designation. The Administration 10 Commission, upon the recommendation of the state land planning 11 agency, shall implement this paragraph by rule no later than 12 December 1, 1993. The increased guidelines and standards 13 authorized by this paragraph shall not be implemented until 14 the effectiveness of the rule which, among other things, shall 15 set forth the pertinent characteristics of urban central 16 business districts and regional activity centers. 17 Section 27. Short title.--Sections 570.70 and 570.71, 18 Florida Statutes, may be cited as the "Rural and Family Lands 19 Protection Act." 20 Section 28. Section 570.70, Florida Statutes, is 21 created to read: 22 570.70 Legislative findings.--The Legislature finds 23 and declares that: 24 (1) A thriving rural economy with a strong 25 agricultural base, healthy natural environment, and viable 26 rural communities is an essential part of Florida. Rural areas 27 also include the largest remaining intact ecosystems and best 28 examples of remaining wildlife habitats as well as a majority 29 of privately owned land targeted by local, state, and federal 30 agencies for natural resource protection. 31 (2) The growth of Florida's population can result in 81 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 agricultural and rural lands being converted into residential 2 or commercial development. 3 (3) The agricultural, rural, natural resource, and 4 commodity values of rural lands are vital to the state's 5 economy, productivity, rural heritage, and quality of life. 6 (4) The Legislature further recognizes the need for 7 enhancing the ability of rural landowners to obtain economic 8 value from their property, protecting rural character, 9 controlling urban sprawl, and providing necessary open space 10 for agriculture and the natural environment, and the 11 importance of maintaining and protecting Florida's rural 12 economy through innovative planning and development strategies 13 in rural areas and the use of incentives that reward 14 landowners for good stewardship of land and natural resources. 15 (5) The purpose of this act is to bring under public 16 protection lands that serve to limit subdivision and 17 conversion of agricultural and natural areas that provide 18 economic, open space, water, and wildlife benefits by 19 acquiring land or related interests in land such as perpetual, 20 less-than-fee acquisitions, agricultural protection 21 agreements, and resource conservation agreements and 22 innovative planning and development strategies in rural areas. 23 Section 29. Section 570.71, Florida Statutes, is 24 created to read: 25 570.71 Conservation easements and agreements.-- 26 (1)(a) As used in this section, "department" means the 27 Department of Agriculture and Consumer Services. 28 (b) The department, on behalf of the Board of Trustees 29 of the Internal Improvement Trust Fund, may allocate moneys to 30 acquire perpetual, less-than-fee interest in land, to enter 31 into agricultural protection agreements, and to enter into 82 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 resource conservation agreements for the following public 2 purposes: 3 1. Promotion and improvement of wildlife habitat; 4 2. Protection and enhancement of water bodies, aquifer 5 recharge areas, wetlands, and watersheds; 6 3. Perpetuation of open space on lands with 7 significant natural areas; or 8 4. Protection of agricultural lands threatened by 9 conversion to other uses. 10 (2) To achieve the purposes of this act, beginning no 11 sooner than July 1, 2002, and every year thereafter, the 12 department may accept applications for project proposals that: 13 (a) Purchase conservation easements, as defined in s. 14 704.06. 15 (b) Purchase rural lands protection easements pursuant 16 to this act. 17 (c) Fund resource conservation agreements pursuant to 18 this act. 19 (d) Fund agricultural protection agreements pursuant 20 to this act. 21 22 No funds may be expended to implement this subsection prior to 23 July 1, 2002. 24 (3) Rural lands protection easements shall be a 25 perpetual right or interest in agricultural land which is 26 appropriate to retain such land in predominantly its current 27 state and to prevent the subdivision and conversion of such 28 land into other uses. This right or interest in property shall 29 prohibit only the following: 30 (a) Construction or placing of buildings, roads, 31 billboards or other advertising, utilities, or structures, 83 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 except those structures and unpaved roads necessary for the 2 agricultural operations on the land or structures necessary 3 for other activities allowed under the easement, and except 4 for linear facilities described in s. 704.06(11). 5 (b) Subdivision of the property. 6 (c) Dumping or placing of trash, waste, or offensive 7 materials. 8 (d) Activities that affect the natural hydrology of 9 the land or that detrimentally affect water conservation, 10 erosion control, soil conservation, or fish or wildlife 11 habitat, except those required for environmental restoration; 12 federal, state, or local government regulatory programs; or 13 best management practices. 14 (4) Resource conservation agreements will be contracts 15 for services which provide annual payments to landowners for 16 services that actively improve habitat and water restoration 17 or conservation on their lands over and above that which is 18 already required by law or which provide recreational 19 opportunities. They will be for a term of not less than 5 20 years and not more than 10 years. Property owners will become 21 eligible to enter into a resource conservation agreement only 22 upon entering into a conservation easement or rural lands 23 protection easement. 24 (5) Agricultural protection agreements shall be for 25 terms of 30 years and will provide payments to landowners 26 having significant natural areas on their land. Public access 27 and public recreational opportunities may be negotiated at the 28 request of the landowner. 29 (a) For the length of the agreement, the landowner 30 shall agree to prohibit: 31 1. Construction or placing of buildings, roads, 84 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 billboards or other advertising, utilities, or structures, 2 except those structures and unpaved roads necessary for the 3 agricultural operations on the land or structures necessary 4 for other activities allowed under the easement, and except 5 for linear facilities described in s. 704.06(11). 6 2. Subdivision of the property. 7 3. Dumping or placing of trash, waste, or offensive 8 materials. 9 4. Activities that affect the natural hydrology of the 10 land, or that detrimentally affect water conservation, erosion 11 control, soil conservation, or fish or wildlife habitat. 12 (b) As part of the agricultural protection agreement, 13 the parties shall agree that the state shall have a right to 14 buy a conservation easement or rural land protection easement 15 at the end of the 30-year term or prior to the landowner 16 transferring or selling the property, whichever occurs later. 17 If the landowner tenders the easement for the purchase and the 18 state does not timely exercise its right to buy the easement, 19 the landowner shall be released from the agricultural 20 agreement. The purchase price of the easement shall be 21 established in the agreement and shall be based on the value 22 of the easement at the time the agreement is entered into, 23 plus a reasonable escalator multiplied by the number of full 24 calendar years following the date of the commencement of the 25 agreement. The landowner may transfer or sell the property 26 before the expiration of the 30-year term, but only if the 27 property is sold subject to the agreement and the buyer 28 becomes the successor in interest to the agricultural 29 protection agreement. Upon mutual consent of the parties, a 30 landowner may enter into a perpetual easement at any time 31 during the term of an agricultural protection agreement. 85 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (6) Payment for conservation easements and rural land 2 protection easements shall be a lump-sum payment at the time 3 the easement is entered into. 4 (7) Landowners entering into an agricultural 5 protection agreement may receive up to 50 percent of the 6 purchase price at the time the agreement is entered into and 7 remaining payments on the balance shall be equal annual 8 payments over the term of the agreement. 9 (8) Payments for the resource conservation agreements 10 shall be equal annual payments over the term of the agreement. 11 (9) Easements purchased pursuant to this act may not 12 prevent landowners from transferring the remaining fee value 13 with the easement. 14 (10) The department, in consultation with the 15 Department of Environmental Protection, the water management 16 districts, the Department of Community Affairs, and the 17 Florida Fish and Wildlife Conservation Commission, shall adopt 18 rules that establish an application process, a process and 19 criteria for setting priorities for use of funds consistent 20 with the purposes specified in subsection (1) and giving 21 preference to ranch and timber lands managed using sustainable 22 practices, an appraisal process, and a process for title 23 review and compliance and approval of the rules by the Board 24 of Trustees of the Internal Improvement Trust Fund. 25 (11) If a landowner objects to having his or her 26 property included in any lists or maps developed to implement 27 this act, the department shall remove the property from any 28 such lists or maps upon receipt of the landowner's written 29 request to do so. 30 (12) The department is authorized to use funds from 31 the following sources to implement this act: 86 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (a) State funds; 2 (b) Federal funds; 3 (c) Other governmental entities; 4 (d) Nongovernmental organizations; or 5 (e) Private individuals. 6 7 Any such funds provided shall be deposited into the 8 Conservation and Recreation Lands Program Trust Fund within 9 the Department of Agriculture and Consumer Services and used 10 for the purposes of this act. 11 (13) No more than 10 percent of any funds made 12 available to implement this act shall be expended for resource 13 conservation agreements and agricultural protection 14 agreements. 15 (14) The department, in consultation with the 16 Department of Environmental Protection, the Fish and Wildlife 17 Conservation Commission, and the water management districts 18 shall conduct a study to determine and prioritize needs for 19 implementing the act. 20 (a) The department may contract with the Florida 21 Natural Areas Inventory for an analysis of the geographic 22 distribution of certain types of natural resources, or 23 resource based land uses that have been identified for 24 acquisition by previous conservation and recreation land 25 acquisition programs. 26 (b) The needs assessment shall locate areas of the 27 state where existing privately owned ranch and timber lands 28 containing resources of the type identified in paragraph (a) 29 can be preserved or protected through implementation of the 30 Rural and Family Lands Protection Act. 31 (c) The department shall report its findings to the 87 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Governor, the President of the Senate, and the Speaker of the 2 House of Representatives by December 31, 2001. At a minimum, 3 the report must include a prioritization of the types of 4 resources to be preserved or protected, the location of 5 privately owned ranch and timber lands containing such 6 resources that could be preserved or protected by easements or 7 agreements pursuant to this act, and the funding needs for the 8 program. 9 Section 30. Except as otherwise provided herein, this 10 act shall take effect upon becoming a law. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 remove from the title of the bill: the entire title 16 17 and insert in lieu thereof: 18 A bill to be entitled 19 An act relating to growth management; amending 20 s. 163.3174, F.S.; requiring that local 21 planning agencies include a representative of 22 the district school board; repealing s. 23 163.3177(12), F.S., which provides requirements 24 for a public school facilities element of a 25 local government comprehensive plan adopted to 26 implement a school concurrency program; 27 amending s. 163.3177, F.S.; revising 28 requirements for the future land use element 29 and intergovernmental coordination element with 30 respect to planning for schools; providing that 31 an agricultural land use category shall be 88 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 eligible for the location of public schools in 2 a local government comprehensive plan in rural 3 counties under certain conditions; providing 4 that the Department of Community Affairs may 5 authorize up to five local governments to 6 designate rural land stewardship areas; 7 providing requirements with respect thereto; 8 requiring a written agreement; providing 9 requirements for comprehensive plan amendments 10 for such designations; providing that the local 11 government shall assign transferable rural land 12 use credits to such areas; providing 13 requirements with respect to such credits; 14 specifying incentives that should be provided 15 to owners of land in such areas; requiring 16 reports; providing intent; creating s. 17 163.31776, F.S.; providing legislative intent 18 and findings; requiring that certain local 19 government comprehensive plans include a public 20 educational facilities element; requiring 21 notice by the Department of Education; 22 exempting certain municipalities from adopting 23 such elements; requiring a report; requiring 24 such local governments and the school board to 25 enter into an interlocal agreement and 26 providing requirements with respect thereto; 27 providing requirements for such elements; 28 providing requirements for future land use 29 maps; specifying the process for adoption of 30 such elements; providing for arbitration; 31 specifying the effect of a local government's 89 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 failure to enter into an interlocal agreement 2 and of a school board's failure to provide 3 certain information or to enter into an 4 interlocal agreement; amending s. 163.3180, 5 F.S.; providing requirements with respect to 6 the public educational facilities element when 7 school concurrency is imposed by local option; 8 removing school concurrency requirements 9 relating to intergovernmental coordination and 10 exemption for certain municipalities; revising 11 requirements relating to an interlocal 12 agreement for school concurrency; amending s. 13 163.3184, F.S.; including requirements for plan 14 amendments relating to the public educational 15 facilities element in the process for adoption 16 of comprehensive plan amendments; providing 17 additional agencies to which a local government 18 must transmit a proposed comprehensive plan or 19 plan amendment; removing provisions relating to 20 transmittal of copies by the state land 21 planning agency; providing that a local 22 government may request review by the state land 23 planning agency at the time of transmittal of 24 an amendment; revising time periods with 25 respect to submission of comments to the agency 26 by other agencies, notice by the agency of its 27 intent to review, and issuance by the agency of 28 its report; providing for priority review of 29 certain amendments; clarifying language; 30 providing that the agency shall not review an 31 amendment certified as having no objections 90 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 received; providing for compilation and 2 transmittal by the local government of a list 3 of persons who will receive an informational 4 statement concerning the agency's notice of 5 intent to find a plan or plan amendment in 6 compliance or not in compliance; directing the 7 agency to provide a model form; revising 8 requirements relating to publication of the 9 agency's notice of intent; deleting a 10 requirement that the notice be sent to certain 11 persons; amending s. 163.3187, F.S.; providing 12 that plan amendments to adopt such elements and 13 future land use map amendments for school 14 siting are not subject to the statutory limits 15 on the frequency of plan amendments; amending 16 s. 163.3191, F.S.; conforming language; 17 amending s. 163.3202, F.S.; providing 18 legislative intent regarding electric utilities 19 and substations; providing that local 20 governments may adopt land development 21 regulations that establish standards for 22 substations and providing effect of compliance 23 with such standards; prohibiting local 24 governments from denying a development permit 25 for a substation under certain conditions; 26 amending s. 163.3244, F.S.; extending the 27 repeal date of the sustainable communities 28 demonstration project; directing the state land 29 planning agency to develop fiscal analysis 30 models for determining the costs and revenues 31 of proposed development; providing requirements 91 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 with respect thereto; creating a commission to 2 oversee such development; providing for field 3 tests of the models developed; directing the 4 commission to make recommendations to the 5 Governor and Legislature regarding statewide 6 implementation of a uniform model and other 7 growth management issues; providing an 8 appropriation; amending s. 235.002, F.S.; 9 revising legislative intent and findings with 10 respect to educational facilities; amending s. 11 235.061, F.S.; revising the date after which 12 relocatables that fail to meet standards may 13 not be used as classrooms; amending s. 235.15, 14 F.S.; removing specific need assessment 15 criteria for a school district's educational 16 plant survey and providing that the survey 17 shall be part of the district's educational 18 facilities plan; revising provisions relating 19 to certain deviation from space need standards; 20 providing for review and validation of such 21 plans and community college surveys by the 22 Office of Educational Facilities and approval 23 by the State Board of Education; revising 24 requirements relating to certifications 25 necessary for expenditure of PECO funds; 26 amending s. 235.175, F.S.; providing 27 legislative purpose with respect to the 28 district educational facilities plans; amending 29 s. 235.18, F.S.; conforming language; amending 30 s. 235.185, F.S.; providing definitions; 31 providing requirements for preparation of an 92 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 annual tentative educational facilities plan by 2 each school district; providing requirements 3 for the district's facilities 5-year work 4 program; providing for submittal of the 5 tentative plan to local governments for review 6 and comment; providing for annual adoption of 7 the plan; providing for execution of the plan; 8 removing provisions relating to 10-year and 9 20-year work programs; amending s. 235.188, 10 F.S.; conforming language; amending s. 235.19, 11 F.S., relating to site planning and selection; 12 providing that said section is superseded by an 13 interlocal agreement between a school board and 14 local government and the school board and local 15 government plans under certain conditions; 16 revising site selection requirements; removing 17 a requirement that the Commissioner of 18 Education prescribe recommended sizes for new 19 educational facility sites; amending s. 20 235.193, F.S.; requiring certain school 21 districts and local governments to enter into 22 an interlocal agreement and providing 23 requirements with respect thereto; specifying 24 effect of failure to enter into the interlocal 25 agreement; revising requirements relating to 26 school board responsibilities in planning with 27 local governments; revising requirements 28 relating to location of educational facilities; 29 revising a notice requirement regarding 30 proposed use of property for an educational 31 facility; providing for inclusion of an 93 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 alternative process for proposed facility 2 review in the required interlocal agreement; 3 conforming language; repealing s. 235.194, 4 F.S., which requires school boards to submit an 5 annual general educational facilities report to 6 local governments; amending s. 235.218, F.S.; 7 revising provisions relating to adoption of 8 certain evaluation measures by the SMART 9 Schools Clearinghouse; amending ss. 235.321 and 10 236.25, F.S.; conforming language; amending s. 11 380.04, F.S.; revising an exception from the 12 definition of "development" for work by certain 13 utilities; amending s. 380.06, F.S., relating 14 to developments of regional impact; providing 15 that the statewide guidelines and standards 16 shall be increased for development in a rural 17 area of critical economic concern; creating the 18 "Rural and Family Lands Protection Act"; 19 creating s. 570.70, F.S.; providing legislative 20 findings; creating s. 570.71, F.S.; providing a 21 definition; providing for the purchase of rural 22 lands protection easements by the Department of 23 Agriculture and Consumer Services; providing 24 criteria; providing for resource conservation 25 agreements and agricultural protection 26 agreements; prescribing allowable land uses; 27 providing for an application process; providing 28 for the sale of an easement; requiring the 29 department to adopt rules; authorizing the use 30 of specified funds; authorizing the removal of 31 property from lists and maps; providing for the 94 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067
HOUSE AMENDMENT 578-146AX-05 Bill No. CS/HBs 1617 & 1487, 1st Eng. Amendment No. ___ (for drafter's use only) 1 deposit of funds; directing the completion of a 2 needs assessment and a report; providing 3 effective dates. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 95 File original & 9 copies 05/02/01 hbd0016 09:56 am 01617-0064-363067