Senate Bill sb0310c2

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    Florida Senate - 2001             CS for CS for SB's 310 & 380

    By the Committees on Finance and Taxation; Comprehensive
    Planning, Local and Military Affairs; and Senators Constantine
    and Carlton



    314-1911-01

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 163.3174, F.S.; requiring that the

  4         membership of all local planning agencies or

  5         equivalent agencies that review comprehensive

  6         plan amendments and rezonings include a

  7         nonvoting representative of the district school

  8         board; amending s. 163.3177, F.S.; revising

  9         elements of comprehensive plans; requiring

10         intergovernmental coordination between local

11         governments and district school boards;

12         creating s. 163.31776, F.S.; providing

13         legislative intent and findings with respect to

14         a public educational facilities element;

15         providing a schedule for adoption; providing

16         for certain municipalities to be exempt;

17         requiring certain interlocal agreements;

18         requiring that the public educational

19         facilities element include certain provisions;

20         providing requirements for future land-use

21         maps; providing a process for adopting the

22         element; prohibiting a local government that

23         fails to adopt the required element from

24         amending its local comprehensive plan; creating

25         s. 163.31777, F.S.; requiring school boards to

26         report to the local government on school

27         capacity; requiring a local government to deny

28         a plan amendment or a request for rezoning if

29         school capacity is unavailable; authorizing

30         certain mitigation agreements; providing

31         prerequisites to this section's taking effect;

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  1         amending s. 163.3180, F.S.; revising provisions

  2         relating to concurrency; amending s. 163.3184,

  3         F.S.; revising definitions; revising provisions

  4         governing the process for adopting

  5         comprehensive plans and plan amendments;

  6         amending s. 163.3187, F.S.; authorizing the

  7         adoption of a public educational facilities

  8         element notwithstanding certain limitations;

  9         amending s. 163.3191, F.S., relating to

10         evaluation and appraisal of comprehensive

11         plans; conforming provisions to changes made by

12         the act; creating s. 163.3198, F.S.; requiring

13         the state land planning agency to develop a

14         uniform fiscal-impact-analysis model for

15         evaluating the cost of infrastructure to

16         support development; providing for appointment

17         of a technical advisory committee to advise the

18         agency; requiring a report to the Governor and

19         the Legislature; providing an appropriation;

20         amending s. 186.504, F.S.; adding an elected

21         school board member to the membership of each

22         regional planning council; amending s. 212.055,

23         F.S.; providing for the levy of the local

24         government infrastructure surtax and school

25         capital outlay surtax by a supermajority vote;

26         authorizing certain municipalities to impose an

27         infrastructure surtax; providing for

28         referendum; amending s. 218.25, F.S.;

29         prescribing limitations on the use of specified

30         funds; amending s. 235.002, F.S.; revising

31         legislative intent with respect to building

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  1         educational facilities; amending s. 235.15,

  2         F.S.; revising requirements for educational

  3         plant surveys; revising requirements for review

  4         and validation of such surveys; amending s.

  5         235.175, F.S.; requiring school districts to

  6         adopt education facilities plans; amending s.

  7         235.18, F.S., relating to capital outlay

  8         budgets of school boards; conforming provisions

  9         to changes made by the act; amending s.

10         235.185, F.S.; requiring school district

11         educational facilities plans; providing

12         definitions; specifying projections and other

13         information to be included in the plan;

14         providing requirements for the work program;

15         requiring district school boards to submit a

16         tentative plan to the local government;

17         providing for adopting and executing the plan;

18         amending s. 235.188, F.S.; providing bonding

19         requirements; amending s. 235.19, F.S.;

20         exempting certain school boards and local

21         governments from requirements for site

22         planning; revising requirements for school

23         boards; amending s. 235.193, F.S.; requiring

24         interlocal agreements with respect to public

25         educational facilities elements and plans;

26         providing that failure to enter into such

27         agreements will result in the withholding of

28         certain funds for school construction;

29         providing requirements for preparing a district

30         education facilities work plan; repealing s.

31         235.194, F.S., relating to the general

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  1         educational facilities report; amending s.

  2         235.218, F.S.; requiring the SMART Schools

  3         Clearinghouse to adopt measures for evaluating

  4         the school district educational facilities

  5         plans; amending s. 235.231, F.S.; providing for

  6         the school board to authorize certain change

  7         orders for its district education facilities

  8         plan; amending s. 236.25, F.S., relating to the

  9         district school tax; conforming provisions to

10         changes made by the act; creating s. 236.255,

11         F.S.; creating the School District Guaranty

12         Program; allowing district school boards to

13         request the financial backing of the state or

14         county in the issuance of certificates of

15         participation; providing that such financial

16         backing by the state or county is optional and

17         contingent on funds set aside for that purpose;

18         amending s. 380.06, F.S.; revising provisions

19         governing developments of regional impact;

20         providing for designation of a lead regional

21         planning council; amending s. 380.0651, F.S.;

22         revising standards for determining the

23         necessity for a development-of-regional-impact

24         review; requiring specified counties to adopt a

25         service-delivery interlocal agreement with all

26         municipalities and the school district and

27         prescribing requirements for such agreements;

28         providing an appropriation; providing a

29         legislative finding that the act is a matter of

30         great public importance; providing effective

31         dates.

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

  2

  3         Section 1.  Subsection (1) of section 163.3174, Florida

  4  Statutes, is amended to read:

  5         163.3174  Local planning agency.--

  6         (1)  The governing body of each local government,

  7  individually or in combination as provided in s. 163.3171,

  8  shall designate and by ordinance establish a "local planning

  9  agency," unless the agency is otherwise established by law.

10  All local planning agencies or equivalent agencies that first

11  review rezoning and comprehensive plan amendments in each

12  municipality and county shall include a representative of the

13  school district appointed by the school board as a nonvoting

14  member of the local planning agency or equivalent agency to

15  attend those meetings at which the agency considers

16  comprehensive plan amendments and rezonings that would, if

17  approved, increase residential density on the property that is

18  the subject of the application, provided that nothing

19  contained in this subsection shall prevent a local agency from

20  granting voting status to the school board member. The

21  governing body may designate itself as the local planning

22  agency pursuant to this subsection with the addition of a

23  nonvoting school board representative. The governing body

24  shall notify the state land planning agency of the

25  establishment of its local planning agency. All local planning

26  agencies shall provide opportunities for involvement by

27  district school boards and applicable community college

28  boards, which may be accomplished by formal representation,

29  membership on technical advisory committees, or other

30  appropriate means. The local planning agency shall prepare the

31  comprehensive plan or plan amendment after hearings to be held

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  1  after public notice and shall make recommendations to the

  2  governing body regarding the adoption or amendment of the

  3  plan. The agency may be a local planning commission, the

  4  planning department of the local government, or other

  5  instrumentality, including a countywide planning entity

  6  established by special act or a council of local government

  7  officials created pursuant to s. 163.02, provided the

  8  composition of the council is fairly representative of all the

  9  governing bodies in the county or planning area; however:

10         (a)  If a joint planning entity is in existence on the

11  effective date of this act which authorizes the governing

12  bodies to adopt and enforce a land use plan effective

13  throughout the joint planning area, that entity shall be the

14  agency for those local governments until such time as the

15  authority of the joint planning entity is modified by law.

16         (b)  In the case of chartered counties, the planning

17  responsibility between the county and the several

18  municipalities therein shall be as stipulated in the charter.

19         Section 2.  Paragraph (a) of subsection (4), paragraphs

20  (a), (c), and (h) of subsection (6) of section 163.3177,

21  Florida Statutes, are amended to read:

22         163.3177  Required and optional elements of

23  comprehensive plan; studies and surveys.--

24         (4)(a)  Coordination of the local comprehensive plan

25  with the comprehensive plans of adjacent municipalities, the

26  county, adjacent counties, or the region; with the appropriate

27  water management district's regional water supply plans

28  adopted pursuant to s. 373.0361, or successor plans required

29  by legislative directive; with adopted rules pertaining to

30  designated areas of critical state concern; and with the state

31  comprehensive plan shall be a major objective of the local

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  1  comprehensive planning process.  To that end, in the

  2  preparation of a comprehensive plan or element thereof, and in

  3  the comprehensive plan or element as adopted, the governing

  4  body shall include a specific policy statement indicating the

  5  relationship of the proposed development of the area to the

  6  comprehensive plans of adjacent municipalities, the county,

  7  adjacent counties, or the region and to the state

  8  comprehensive plan, as the case may require and as such

  9  adopted plans or plans in preparation may exist.

10         (6)  In addition to the requirements of subsections

11  (1)-(5), the comprehensive plan shall include the following

12  elements:

13         (a)  A future land use plan element designating

14  proposed future general distribution, location, and extent of

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

16  industry, agriculture, recreation, conservation, education,

17  public buildings and grounds, other public facilities, and

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

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

20  the control and distribution of population densities and

21  building and structure intensities.  The proposed

22  distribution, location, and extent of the various categories

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

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

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

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

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

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

29  including the amount of land required to accommodate

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

31  character of undeveloped land; the availability of ground

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  1  water and surface water resources for present and future water

  2  supplies and the potential for development of alternative

  3  water supplies; the availability of public services; the need

  4  for redevelopment, including the renewal of blighted areas and

  5  the elimination of nonconforming uses which are inconsistent

  6  with the character of the community; and, in rural

  7  communities, the need for job creation, capital investment,

  8  and economic development that will strengthen and diversify

  9  the community's economy. The future land use plan may

10  designate areas for future planned development use involving

11  combinations of types of uses for which special regulations

12  may be necessary to ensure development in accord with the

13  principles and standards of the comprehensive plan and this

14  act. In addition, for rural communities, the amount of land

15  designated for future planned industrial use shall be based

16  upon surveys and studies that reflect the need for job

17  creation, capital investment, and the necessity to strengthen

18  and diversify the local economies, and shall not be limited

19  solely by the projected population of the rural community. The

20  future land use plan of a county may also designate areas for

21  possible future municipal incorporation. The land use maps or

22  map series shall generally identify and depict historic

23  district boundaries and shall designate historically

24  significant properties meriting protection.  The future land

25  use element must clearly identify the land use categories in

26  which public schools are an allowable use.  When delineating

27  the land use categories in which public schools are an

28  allowable use, a local government shall include in the

29  categories sufficient land proximate to residential

30  development to meet the projected needs for schools in

31  coordination with public school boards and may establish

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  1  differing criteria for schools of different type or size.

  2  Each local government shall include lands contiguous to

  3  existing school sites, to the maximum extent possible, within

  4  the land use categories in which public schools are an

  5  allowable use. All comprehensive plans must comply with the

  6  school siting requirements of this paragraph no later than

  7  October 1, 1999. The failure by a local government to comply

  8  with these school siting requirements by October 1, 1999, will

  9  result in the prohibition of the local government's ability to

10  amend the local comprehensive plan, except for plan amendments

11  described in s. 163.3187(1)(b), until the school siting

12  requirements are met. Amendments An amendment proposed by a

13  local government for purposes of identifying the land use

14  categories in which public schools are an allowable use or for

15  adopting or amending the school-siting maps pursuant to s.

16  163.31776(6) are is exempt from the limitation on the

17  frequency of plan amendments contained in s. 163.3187. The

18  future land use element shall include criteria that which

19  encourage the location of schools proximate to urban

20  residential areas to the extent possible and shall require

21  that the local government seek to collocate public facilities,

22  such as parks, libraries, and community centers, with schools

23  to the extent possible and to encourage the use of elementary

24  schools as focal points for neighborhoods.

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

26  potable water, and natural groundwater aquifer recharge

27  element correlated to principles and guidelines for future

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

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

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

31  detailed engineering plan including a topographic map

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  1  depicting areas of prime groundwater recharge. The element

  2  shall describe the problems and needs and the general

  3  facilities that will be required for solution of the problems

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

  5  depicting any areas adopted by a regional water management

  6  district as prime groundwater recharge areas for the Floridan

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

  8  shall be given special consideration when the local government

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

10  designated areas.  For areas served by septic tanks, soil

11  surveys shall be provided which indicate the suitability of

12  soils for septic tanks. By October 1, 2002, the element shall

13  also include data and analysis, including, but not limited to,

14  the appropriate water management district's regional water

15  supply plan adopted pursuant to s. 373.0361, which evaluates

16  the availability of potable water compared to population

17  growth projected by the local government comprehensive plan.

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

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  1  the county, adjacent counties, or the region, or upon the

  2  state comprehensive plan, as the case may require.

  3         a.  The intergovernmental coordination element shall

  4  provide for procedures to identify and implement joint

  5  planning areas, especially for the purpose of annexation,

  6  municipal incorporation, and joint infrastructure service

  7  areas.

  8         b.  The intergovernmental coordination element shall

  9  provide for recognition of campus master plans prepared

10  pursuant to s. 240.155.

11         c.  The intergovernmental coordination element may

12  provide for a voluntary dispute resolution process as

13  established pursuant to s. 186.509 for bringing to closure in

14  a timely manner intergovernmental disputes.  A local

15  government may develop and use an alternative local dispute

16  resolution process for this purpose.

17         2.  The intergovernmental coordination element shall

18  further state principles and guidelines to be used in the

19  accomplishment of coordination of the adopted comprehensive

20  plan with the plans of school boards and other units of local

21  government providing facilities and services but not having

22  regulatory authority over the use of land.  In addition, the

23  intergovernmental coordination element shall describe joint

24  processes for collaborative planning and decisionmaking on

25  population projections and public school siting, the location

26  and extension of public facilities subject to concurrency, and

27  siting facilities with countywide significance, including

28  locally unwanted land uses whose nature and identity are

29  established in an agreement. Within 1 year of adopting their

30  intergovernmental coordination elements, each county, all the

31  municipalities within that county, the district school board,

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  1  and any unit of local government service providers in that

  2  county shall establish by interlocal or other formal agreement

  3  executed by all affected entities, the joint processes

  4  described in this subparagraph consistent with their adopted

  5  intergovernmental coordination elements.

  6         3.  To foster coordination between special districts

  7  and local general-purpose governments as local general-purpose

  8  governments implement local comprehensive plans, each

  9  independent special district must submit a public facilities

10  report to the appropriate local government as required by s.

11  189.415.

12         4.  The state land planning agency shall establish a

13  schedule for phased completion and transmittal of plan

14  amendments to implement subparagraphs 1., 2., and 3. from all

15  jurisdictions so as to accomplish their adoption by December

16  31, 1999.  A local government may complete and transmit its

17  plan amendments to carry out these provisions prior to the

18  scheduled date established by the state land planning agency.

19  The plan amendments are exempt from the provisions of s.

20  163.3187(1).

21         5.  Intergovernmental coordination between local

22  governments and the district school board shall be governed by

23  ss. 163.31776 and 163.31777 for those local governments

24  adopting a public educational facilities element pursuant to

25  s. 163.31776.

26         Section 3.  Section 163.31776, Florida Statutes, is

27  created to read:

28         163.31776  Public educational facilities element.--

29         (1)  The intent of the Legislature is to establish a

30  systematic process for school boards and local governments to:

31

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  1         (a)  Share information concerning the growth and

  2  development trends in their communities in order to forecast

  3  future enrollment and school needs;

  4         (b)  Cooperatively plan for the provision of

  5  educational facilities to meet the current and projected needs

  6  of the public education system population, including the needs

  7  placed on the public education system as a result of growth

  8  and development decisions by local government; and

  9         (c)  Cooperatively identify and meet the infrastructure

10  needs of public schools to assure healthy school environments

11  and safe school access.

12         (2)  The Legislature finds that:

13         (a)  Public schools are a linchpin to the vitality of

14  our communities and play a significant role in thousands of

15  individual housing decisions that result in community growth

16  trends.

17         (b)  Growth and development issues transcend the

18  boundaries and responsibilities of individual units of

19  government, and often no single unit of government can plan or

20  implement policies to deal with these issues without affecting

21  other units of government.

22         (3)(a)  By January 1, 2003, local governments must

23  transmit to the state land planning agency a public

24  educational facilities element, adopted in cooperation with

25  the applicable school district, if the local government is

26  located in a county that:

27         1.  Has a population of 1 million or more based on the

28  2000 United States Census;

29         2.  Has a population equal to or more than 100,000 and

30  fewer than 1 million, based on the 2000 United States Census,

31

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  1  and the county has increased in population by 15 percent or

  2  more between the 1990 and 2000 United States Censuses; or

  3         3.  Has a population of fewer than 100,000 and the

  4  county population has increased by 30 percent or more between

  5  the 1990 and 2000 United States Censuses and the projected

  6  5-year student growth is 1,000 students or greater.

  7

  8  The Department of Education shall issue a report notifying the

  9  state land planning agency and each county and school district

10  that meets the criteria in this paragraph on June 1 of each

11  year. Local governments will have 18 months following

12  notification to comply with the requirements of this section.

13         (b)  Each municipality shall adopt its own element or

14  accept by resolution or ordinance the public educational

15  facilities element adopted by the county which includes the

16  municipality's area of authority as defined in s. 163.3171.

17  However, a municipality is exempt from this requirement if it

18  meets all the following criteria:

19         1.  The municipality has issued development orders for

20  fewer than 50 residential dwelling units during the last 5

21  years or it has generated fewer than 25 additional public

22  school students during the last 5 years;

23         2.  The municipality has not annexed new land during

24  the last 5 years in land use categories that permit

25  residential uses that may affect school attendance rates;

26         3.  The municipality has no public schools located

27  within its boundaries;

28         4.  At least 80 percent of the developable land within

29  the boundaries of the municipality has been built upon; and

30

31

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  1         5.  The municipality has not adopted a land use

  2  amendment that increases residential density for more than 50

  3  residential units.

  4

  5  Any municipality that is exempt shall notify the county and

  6  the school board of any planned annexation into residential or

  7  proposed residential areas or other change in condition and

  8  must comply with this subsection within 1 year following a

  9  change in conditions that renders the municipality no longer

10  eligible for exemption or following the identification of a

11  proposed public school in the school board's 5-year district

12  facilities work program in the municipality's jurisdiction.

13         (4)  No later than 6 months prior to the deadline for

14  transmittal of a public educational facilities element, the

15  county, the non-exempt municipalities, and the school board

16  shall enter into an interlocal agreement that establishes a

17  process for developing coordinated and consistent local

18  government public educational facilities elements and a

19  district educational facilities plan, 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

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  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 timely formal 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  comprehensive plan amendments and rezonings that increase

11  residential density and that are reasonably expected to have

12  an impact on public school facility demand pursuant to s.

13  163.31777. The interlocal agreement must specify how the

14  school board and local governments will develop the

15  methodology and criteria for determining whether school

16  facility capacity will be readily available at the time of

17  projected school impacts, and must specify uniform,

18  districtwide level-of-service standards for all public schools

19  of the same type and availability standards for public

20  schools. The interlocal agreement must ensure that consistent

21  criteria and capacity-determination methodologies including

22  student generation multipliers are adopted into the school

23  board's district educational facilities plan and the local

24  government's public educational facilities element. The

25  interlocal agreement must also set forth the process and

26  uniform methodology for determining proportionate-share

27  mitigation pursuant to s. 163.31777; and

28         (f)  For the resolution of disputes between the school

29  district and local governments.

30         (5)  Under limited circumstances dealing with

31  educational facilities, countervailing planning and public

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  1  policy goals may come into conflict with the requirements of

  2  this section. Often the unintended result of such requirements

  3  is the discouragement of urban infill development and

  4  redevelopment. Such unintended results directly conflict with

  5  the goals and policies of the state comprehensive plan and the

  6  intent of this part. Therefore, exceptions from the

  7  requirement of this section for public educational facilities

  8  planning may be granted as follows: A local government may

  9  grant an exception from the requirements of this section if

10  the proposed development is otherwise consistent with the

11  adopted local government comprehensive plan and is a project

12  located within an area designated in the comprehensive plan

13  for:

14         (a)  Urban infill development;

15         (b)  Urban redevelopment;

16         (c)  Downtown revitalization; or

17         (d)  Urban infill and redevelopment under s. 163.2517.

18         (6)  The public educational facilities element must be

19  based on data and analysis, including the interlocal agreement

20  required by subsection (4), and on the educational facilities

21  plan required by s. 235.185. Each local government public

22  educational facilities element within a county must be

23  consistent with the other elements and must address:

24         (a)  The need for, strategies for, and commitments to

25  addressing improvements to infrastructure, safety, and

26  community conditions in areas proximate to existing public

27  schools.

28         (b)  The need for and strategies for providing adequate

29  infrastructure necessary to support proposed schools,

30  including potable water, wastewater, drainage, solid waste,

31  transportation, and means by which to assure safe access to

                                  17

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  1  schools, including sidewalks, bicycle paths, turn lanes, and

  2  signalization.

  3         (c)  Colocation of other public facilities, such as

  4  parks, libraries, and community centers, in proximity to

  5  public schools.

  6         (d)  Location of schools proximate to residential areas

  7  and to complement patterns of development, including using

  8  elementary schools as focal points for neighborhoods.

  9         (e)  Use of public schools to serve as emergency

10  shelters.

11         (f)  Consideration of the existing and planned capacity

12  of public schools when reviewing comprehensive plan amendments

13  and rezonings that are likely to increase residential

14  development and that are reasonably expected to have an impact

15  on the demand for public school facilities pursuant to s.

16  163.31777, with the review to be based on uniform,

17  districtwide level-of-service standards for all public schools

18  of the same type, availability standards for public schools,

19  and the financially feasible 5-year district facilities work

20  program adopted by the school board pursuant to s. 235.185.

21         (g)  A uniform methodology for determining school

22  capacity and proportionate-share mitigation consistent with

23  the requirements of s. 163.31777(4) and the interlocal

24  agreement.

25         (h)  The response of the school board to the financial

26  management and performance audit required by s. 235.185(2)(f).

27         (7)  The future land-use map series must incorporate

28  maps that are the result of a collaborative process for

29  identifying school sites in the educational facilities plan

30  adopted by the school board pursuant to s. 235.185 and must

31  show the locations of existing public schools and the general

                                  18

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  1  locations of improvements to existing schools or new schools

  2  anticipated over the 5-year, 10-year, and 20-year time

  3  periods, or such maps shall be data and analysis in support of

  4  the future land-use map series. Maps indicating general

  5  locations of future schools or school improvements should not

  6  prescribe a land use on a particular parcel of land.

  7         (8)  The process for adopting a public educational

  8  facilities element shall be as provided in s. 163.3184. The

  9  state land planning agency shall submit a copy of the proposed

10  public school facilities element pursuant to the procedures

11  outlined in s. 163.3184(4) to the Office of Educational

12  Facilities of the Commissioner of Education for review and

13  comment.

14         (9)  In any proceeding to challenge the adoption of the

15  public educational facilities element pursuant to s. 163.3184,

16  the petitioner may also challenge the data and analysis used

17  to support the processes set forth in the interlocal agreement

18  executed pursuant to this section.

19         (10)  The failure by a local government to comply with

20  the requirement to transmit and adopt a public educational

21  facilities element or to enter into an interlocal agreement

22  with the school board under s. 163.31776(3) will result in the

23  prohibition of the local government's ability to amend the

24  local comprehensive plan until the public school facilities

25  element is adopted. If a local government fails to comply with

26  the requirements of this section to enter into the interlocal

27  agreement or to transmit a public educational facilities

28  element by the required date, or if the Administration

29  Commission finds that the public educational facilities

30  element is not in compliance, the local government shall be

31  subject to sanctions imposed by the Administration Commission

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  1  pursuant to s. 163.3184(11). The failure of a local government

  2  or school board to enter into the interlocal agreement does

  3  not subject another local government or school board to

  4  sanctions. The failure of a school board to provide the

  5  required plans or information or to enter into the interlocal

  6  agreement under this section shall subject the school board to

  7  sanctions pursuant to s. 235.193(3).

  8         (11)  Any local government that has executed an

  9  interlocal agreement for the purpose of adopting public school

10  concurrency before the effective date of this act is not

11  required to amend the public school element or any interlocal

12  agreement to conform with the provisions of s. 163.31776 or s.

13  163.31777 if such amendment is ultimately determined to be in

14  compliance.

15         Section 4.  Section 163.31777, Florida Statutes, is

16  created to read:

17         163.31777  Public school capacity for plan amendments

18  and rezonings.--

19         (1)  Local governments shall consider public school

20  facilities when reviewing proposed comprehensive plan

21  amendments and rezonings that increase residential densities

22  and that are reasonably expected to have an impact on the

23  demand for public school facilities.

24         (2)  For each proposed comprehensive plan amendment or

25  rezoning that increases residential densities and is

26  reasonably expected to have an impact on the demand for public

27  school facilities, the school board shall provide the local

28  government with a school-capacity report based on the district

29  educational facilities plan adopted by the school board

30  pursuant to s. 235.185, which must provide data and analysis

31  on the capacity and enrollment of affected schools based on

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  1  standards established by state or federal law or judicial

  2  orders, projected additional enrollment attributable to the

  3  density increase resulting from the amendment or rezoning,

  4  programmed and financially feasible new public school

  5  facilities or improvements for affected schools identified in

  6  the educational facilities plan of the school board and the

  7  expected date of availability of such facilities or

  8  improvements, and available reasonable options for providing

  9  public school facilities to students if the rezoning or

10  comprehensive plan amendment is approved. The options must

11  include, but need not be limited to, the school board's

12  evaluation of school schedule modification, school attendance

13  zones modification, school facility modification, and the

14  creation of charter schools. The report must be consistent

15  with this section, any adopted interlocal agreement and public

16  educational facilities element, and must be submitted no later

17  than 3 working days before the first public hearing by the

18  local government to consider the comprehensive plan amendment

19  or rezoning.

20         (3)  The local government shall deny a request for a

21  comprehensive plan amendment or rezoning which would increase

22  the density of residential development allowed on the property

23  subject to the amendment or rezoning and is reasonably

24  expected to have an increased impact on the demand for public

25  school facilities, if the school facility capacity will not be

26  reasonably available at the time of projected school impacts

27  as determined by the methodology established in the public

28  educational facilities element. However, the application for a

29  comprehensive plan amendment or a rezoning may be approved if

30  the applicant executes a legally binding commitment to provide

31  mitigation proportionate to the demand for public school

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  1  facilities to be created by actual development of the

  2  property, including, but not limited to, the options described

  3  in subsection (4).

  4         (4)(a)  Options for proportionate-share mitigation of

  5  public school facility impacts from actual development of

  6  property subject to a plan amendment or rezoning that

  7  increases residential density shall be established in the

  8  educational facilities plan and the public educational

  9  facilities element. Appropriate mitigation options include the

10  contribution of land; the construction, expansion, or payment

11  for land acquisition or construction of a public school

12  facility; or the creation of mitigation banking based on the

13  construction of a public school facility in exchange for the

14  right to sell capacity credits. Such options must include

15  execution by the applicant and the local government of a

16  binding development agreement pursuant to ss.

17  163.3220-163.3243 which constitutes a legally binding

18  commitment to pay proportionate-share mitigation for the

19  additional residential units approved by the local government

20  in a development order and actually developed on the property,

21  taking into account residential density allowed on the

22  property prior to the plan amendment or rezoning that

23  increased overall residential density. The district school

24  board may be a party to such an agreement. As a condition of

25  its entry into such a development agreement, the local

26  government may require the landowner to agree to continuing

27  renewal of the agreement upon its expiration.

28         (b)  If the educational facilities plan and the public

29  educational facilities element authorize a contribution of

30  land; the construction, expansion, or payment for land

31  acquisition; or the construction or expansion of a public

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  1  school facility, or a portion thereof, as proportionate-share

  2  mitigation, the local government shall credit such a

  3  contribution, construction, expansion, or payment toward any

  4  other impact fee or exaction imposed by local ordinance for

  5  the same need, on a dollar-for-dollar basis at fair market

  6  value.

  7         (c)  Any proportionate-share mitigation must be

  8  directed by the school board toward a school capacity

  9  improvement within the affected area which is identified in

10  the financially feasible 5-year district work plan.

11         (5)  Subsections (3) and (4) shall not take effect

12  within a jurisdiction until:

13         (a)  The local governments and the school board have

14  entered into an interlocal agreement pursuant to ss. 163.31776

15  and 235.193;

16         (b)  The local government has adopted a public

17  education facilities element required under s. 163.31776 and

18  the element has been found in compliance;

19         (c)  The school board has revised its district

20  education facilities plan to comply with s. 235.185; and

21         (d)  One of the following revenue sources is levied for

22  the purpose of funding public educational facilities

23  consistent with the public educational facilities plan and

24  interlocal agreement adopted pursuant to s. 163.31776, and the

25  district educational facilities plan pursuant to s. 235.185:

26         1.  The half-cent school capital outlay surtax

27  authorized by s. 212.055(6); or

28         2.  An amount of new broad-based revenue from state or

29  local sources, equivalent to the amount that would be raised

30  from the school capital outlay surtax, is available and

31  dedicated to the implementation of the financially feasible

                                  23

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  1  work program adopted by the school board pursuant to s.

  2  235.185.

  3         Section 5.  Subsection (4) of section 163.3180, Florida

  4  Statutes, is amended to read:

  5         163.3180  Concurrency.--

  6         (4)(a)  The concurrency requirement as implemented in

  7  local comprehensive plans applies to state and other public

  8  facilities and development to the same extent that it applies

  9  to all other facilities and development, as provided by law.

10         (b)  The concurrency requirement as implemented in

11  local comprehensive plans does not apply to public transit

12  facilities.  For the purposes of this paragraph, public

13  transit facilities include transit stations and terminals,

14  transit station parking, park-and-ride lots, intermodal public

15  transit connection or transfer facilities, and fixed bus,

16  guideway, and rail stations. As used in this paragraph, the

17  terms "terminals" and "transit facilities" do not include

18  airports or seaports or commercial or residential development

19  constructed in conjunction with a public transit facility.

20         (c)  The concurrency requirement as implemented in

21  local government comprehensive plans may be waived by a local

22  government for urban infill and redevelopment areas designated

23  pursuant to s. 163.2517 if such a waiver does not endanger

24  public health or safety as defined by the local government in

25  its local government comprehensive plan.

26         Section 6.  Subsections (1), (3), (4), and (6) of

27  section 163.3184, Florida Statutes, are amended to read:

28         163.3184  Process for adoption of comprehensive plan or

29  plan amendment.--

30         (1)  DEFINITIONS.--As used in this section, the term:

31

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  1         (a)  "Affected person" includes the affected local

  2  government; persons owning property, residing, or owning or

  3  operating a business within the boundaries of the local

  4  government whose plan is the subject of the review; owners of

  5  real property abutting real property that is the subject of a

  6  proposed change to a future land use map; and adjoining local

  7  governments that can demonstrate that the plan or plan

  8  amendment will produce substantial impacts on the increased

  9  need for publicly funded infrastructure or substantial impacts

10  on areas designated for protection or special treatment within

11  their jurisdiction. Each person, other than an adjoining local

12  government, in order to qualify under this definition, shall

13  also have submitted oral or written comments, recommendations,

14  or objections to the local government during the period of

15  time beginning with the transmittal hearing for the plan or

16  plan amendment and ending with the adoption of the plan or

17  plan amendment.

18         (b)  "In compliance" means consistent with the

19  requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180,

20  163.3191, and 163.3245, with the state comprehensive plan,

21  with the appropriate strategic regional policy plan, and with

22  chapter 9J-5, Florida Administrative Code, where such rule is

23  not inconsistent with this part and with the principles for

24  guiding development in designated areas of critical state

25  concern.

26         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

27  AMENDMENT.--

28         (a)  Each local governing body shall transmit the

29  complete proposed comprehensive plan or plan amendment to the

30  state land planning agency, the appropriate regional planning

31  council and water management district, the Department of

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  1  Environmental Protection, the Department of State, and the

  2  Department of Transportation, and, in the case of municipal

  3  plans, to the appropriate county, and, in the case of county

  4  plans, to the Fish and Wildlife Conservation Commission and

  5  the Department of Agriculture and Consumer Services,

  6  immediately following a public hearing pursuant to subsection

  7  (15) as specified in the state land planning agency's

  8  procedural rules. The local governing body shall also transmit

  9  a copy of the complete proposed comprehensive plan or plan

10  amendment to any other unit of local government or government

11  agency in the state that has filed a written request with the

12  governing body for the plan or plan amendment. The local

13  government may request a review by the state land planning

14  agency pursuant to subsection (6) at the time of the

15  transmittal of an amendment.

16         (b)  A local governing body shall not transmit portions

17  of a plan or plan amendment unless it has previously provided

18  to all state agencies designated by the state land planning

19  agency a complete copy of its adopted comprehensive plan

20  pursuant to subsection (7) and as specified in the agency's

21  procedural rules. In the case of comprehensive plan

22  amendments, the local governing body shall transmit to the

23  state land planning agency, the appropriate regional planning

24  council and water management district, the Department of

25  Environmental Protection, the Department of State, and the

26  Department of Transportation, and, in the case of municipal

27  plans, to the appropriate county, and, in the case of county

28  plans, to the Fish and Wildlife Conservation Commission and

29  the Department of Agriculture and Consumer Services, the

30  materials specified in the state land planning agency's

31  procedural rules and, in cases in which the plan amendment is

                                  26

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  1  a result of an evaluation and appraisal report adopted

  2  pursuant to s. 163.3191, a copy of the evaluation and

  3  appraisal report. Local governing bodies shall consolidate all

  4  proposed plan amendments into a single submission for each of

  5  the two plan amendment adoption dates during the calendar year

  6  pursuant to s. 163.3187.

  7         (c)  A local government may adopt a proposed plan

  8  amendment previously transmitted pursuant to this subsection,

  9  unless review is requested or otherwise initiated pursuant to

10  subsection (6).

11         (d)  In cases in which a local government transmits

12  multiple individual amendments that can be clearly and legally

13  separated and distinguished for the purpose of determining

14  whether to review the proposed amendment, and the state land

15  planning agency elects to review several or a portion of the

16  amendments and the local government chooses to immediately

17  adopt the remaining amendments not reviewed, the amendments

18  immediately adopted and any reviewed amendments that the local

19  government subsequently adopts together constitute one

20  amendment cycle in accordance with s. 163.3187(1).

21         (4)  INTERGOVERNMENTAL REVIEW.--The If review of a

22  proposed comprehensive plan amendment is requested or

23  otherwise initiated pursuant to subsection (6), the state land

24  planning agency within 5 working days of determining that such

25  a review will be conducted shall transmit a copy of the

26  proposed plan amendment to various government agencies, as

27  appropriate, for response or comment, including, but not

28  limited to, the Department of Environmental Protection, the

29  Department of Transportation, the water management district,

30  and the regional planning council, and, in the case of

31  municipal plans, to the county land planning agency.  These

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  1  governmental agencies specified in paragraph (3)(a) shall

  2  provide comments to the state land planning agency within 30

  3  days after receipt by the state land planning agency of the

  4  complete proposed plan amendment. If the plan or plan

  5  amendment includes or relates to the public school facilities

  6  element required by s. 163.31776, the state land planning

  7  agency shall submit a copy to the Office of Educational

  8  Facilities of the Commissioner of Education for review and

  9  comment. The appropriate regional planning council shall also

10  provide its written comments to the state land planning agency

11  within 30 days after receipt by the state land planning agency

12  of the complete proposed plan amendment and shall specify any

13  objections, recommendations for modifications, and comments of

14  any other regional agencies to which the regional planning

15  council may have referred the proposed plan amendment. Written

16  comments submitted by the public within 30 days after notice

17  of transmittal by the local government of the proposed plan

18  amendment will be considered as if submitted by governmental

19  agencies. All written agency and public comments must be made

20  part of the file maintained under subsection (2).

21         (6)  STATE LAND PLANNING AGENCY REVIEW.--

22         (a)  The state land planning agency shall review a

23  proposed plan amendment upon request of a regional planning

24  council, affected person, or local government transmitting the

25  plan amendment. The request from the regional planning council

26  or affected person must be if the request is received within

27  30 days after transmittal of the proposed plan amendment

28  pursuant to subsection (3).  The agency shall issue a report

29  of its objections, recommendations, and comments regarding the

30  proposed plan amendment. A regional planning council or

31  affected person requesting a review shall do so by submitting

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  1  a written request to the agency with a notice of the request

  2  to the local government and any other person who has requested

  3  notice.

  4         (b)  The state land planning agency may review any

  5  proposed plan amendment regardless of whether a request for

  6  review has been made, if the agency gives notice to the local

  7  government, and any other person who has requested notice, of

  8  its intention to conduct such a review within 35 30 days after

  9  receipt of transmittal of the complete proposed plan amendment

10  pursuant to subsection (3).

11         (c)  The state land planning agency shall establish by

12  rule a schedule for receipt of comments from the various

13  government agencies, as well as written public comments,

14  pursuant to subsection (4). If the state land planning agency

15  elects to review the amendment or the agency is required to

16  review the amendment as specified in paragraph (a), the agency

17  shall issue a report giving its objections, recommendations,

18  and comments regarding the proposed amendment within 60 days

19  after receipt of the complete proposed amendment by the state

20  land planning agency. The state land planning agency shall

21  have 30 days to review comments from the various government

22  agencies along with a local government's comprehensive plan or

23  plan amendment. During that period, the state land planning

24  agency shall transmit in writing its comments to the local

25  government along with any objections and any recommendations

26  for modifications.  When a federal, state, or regional agency

27  has implemented a permitting program, the state land planning

28  agency shall not require a local government to duplicate or

29  exceed that permitting program in its comprehensive plan or to

30  implement such a permitting program in its land development

31  regulations.  Nothing contained herein shall prohibit the

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  1  state land planning agency in conducting its review of local

  2  plans or plan amendments from making objections,

  3  recommendations, and comments or making compliance

  4  determinations regarding densities and intensities consistent

  5  with the provisions of this part. In preparing its comments,

  6  the state land planning agency shall only base its

  7  considerations on written, and not oral, comments, from any

  8  source.

  9         (d)  The state land planning agency review shall

10  identify all written communications with the agency regarding

11  the proposed plan amendment. If the state land planning agency

12  does not issue such a review, it shall identify in writing to

13  the local government all written communications received 30

14  days after transmittal. The written identification must

15  include a list of all documents received or generated by the

16  agency, which list must be of sufficient specificity to enable

17  the documents to be identified and copies requested, if

18  desired, and the name of the person to be contacted to request

19  copies of any identified document. The list of documents must

20  be made a part of the public records of the state land

21  planning agency.

22         Section 7.  Effective October 1, 2001, subsections (7),

23  (8), and (15) and paragraph (d) of subsection (16) of section

24  163.3184, Florida Statutes, as amended by this act, are

25  amended to read:

26         163.3184  Process for adoption of comprehensive plan or

27  plan amendment.--

28         (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF

29  PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government

30  shall review the written comments submitted to it by the state

31  land planning agency, and any other person, agency, or

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  1  government.  Any comments, recommendations, or objections and

  2  any reply to them shall be public documents, a part of the

  3  permanent record in the matter, and admissible in any

  4  proceeding in which the comprehensive plan or plan amendment

  5  may be at issue.  The local government, upon receipt of

  6  written comments from the state land planning agency, shall

  7  have 120 days to adopt or adopt with changes the proposed

  8  comprehensive plan or s. 163.3191 plan amendments.  In the

  9  case of comprehensive plan amendments other than those

10  proposed pursuant to s. 163.3191, the local government shall

11  have 60 days to adopt the amendment, adopt the amendment with

12  changes, or determine that it will not adopt the amendment.

13  The adoption of the proposed plan or plan amendment or the

14  determination not to adopt a plan amendment, other than a plan

15  amendment proposed pursuant to s. 163.3191, shall be made in

16  the course of a public hearing pursuant to subsection (15).

17  The local government shall transmit the complete adopted

18  comprehensive plan or adopted plan amendment, including the

19  names and addresses of persons compiled pursuant to paragraph

20  (15)(c), to the state land planning agency as specified in the

21  agency's procedural rules within 10 working days after

22  adoption.  The local governing body shall also transmit a copy

23  of the adopted comprehensive plan or plan amendment to the

24  regional planning agency and to any other unit of local

25  government or governmental agency in the state that has filed

26  a written request with the governing body for a copy of the

27  plan or plan amendment.

28         (8)  NOTICE OF INTENT.--

29         (a)  Except as provided in s. 163.3187(3), the state

30  land planning agency, upon receipt of a local government's

31  complete adopted comprehensive plan or plan amendment, shall

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  1  have 45 days for review and to determine if the plan or plan

  2  amendment is in compliance with this act, unless the amendment

  3  is the result of a compliance agreement entered into under

  4  subsection (16), in which case the time period for review and

  5  determination shall be 30 days.  If review was not conducted

  6  under subsection (6), the agency's determination must be based

  7  upon the plan amendment as adopted.  If review was conducted

  8  under subsection (6), the agency's determination of compliance

  9  must be based only upon one or both of the following:

10         1.  The state land planning agency's written comments

11  to the local government pursuant to subsection (6); or

12         2.  Any changes made by the local government to the

13  comprehensive plan or plan amendment as adopted.

14         (b)  During the time period provided for in this

15  subsection, the state land planning agency shall issue,

16  through a senior administrator or the secretary, as specified

17  in the agency's procedural rules, a notice of intent to find

18  that the plan or plan amendment is in compliance or not in

19  compliance. A notice of intent shall be issued by publication

20  in the manner provided by this paragraph and by mailing a copy

21  to the local government and to persons who request notice.

22  The required advertisement shall be no less than 2 columns

23  wide by 10 inches long, and the headline in the advertisement

24  shall be in a type no smaller than 12 point. The advertisement

25  shall not be placed in that portion of the newspaper where

26  legal notices and classified advertisements appear.  The

27  advertisement shall be published in a newspaper which meets

28  the size and circulation requirements set forth in paragraph

29  (15)(d) (15)(c) and which has been designated in writing by

30  the affected local government at the time of transmittal of

31  the amendment. Publication by the state land planning agency

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  1  of a notice of intent in the newspaper designated by the local

  2  government shall be prima facie evidence of compliance with

  3  the publication requirements of this section.

  4         (c)  The state land planning agency shall post a copy

  5  of the notice of intent on the agency's Internet site. The

  6  agency shall, no later than the date the notice of intent is

  7  transmitted to the newspaper, mail a courtesy informational

  8  statement to the persons whose names and mailing addresses

  9  were compiled pursuant to paragraph (15)(c). The informational

10  statement must identify the newspaper in which the notice of

11  intent will appear, the approximate date of publication of the

12  notice of intent, and the ordinance number of the plan or plan

13  amendment and must advise that the informational statement is

14  provided as a courtesy to the person and that affected persons

15  have 21 days from the actual date of publication of the notice

16  to file a petition. The informational statement must be sent

17  by regular mail and does not affect the timeframes specified

18  in subsections (9) and (10).

19         (15)  PUBLIC HEARINGS.--

20         (a)  The procedure for transmittal of a complete

21  proposed comprehensive plan or plan amendment pursuant to

22  subsection (3) and for adoption of a comprehensive plan or

23  plan amendment pursuant to subsection (7) shall be by

24  affirmative vote of not less than a majority of the members of

25  the governing body present at the hearing.  The adoption of a

26  comprehensive plan or plan amendment shall be by ordinance.

27  For the purposes of transmitting or adopting a comprehensive

28  plan or plan amendment, the notice requirements in chapters

29  125 and 166 are superseded by this subsection, except as

30  provided in this part.

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  1         (b)  The local governing body shall hold at least two

  2  advertised public hearings on the proposed comprehensive plan

  3  or plan amendment as follows:

  4         1.  The first public hearing shall be held at the

  5  transmittal stage pursuant to subsection (3).  It shall be

  6  held on a weekday at least 7 days after the day that the first

  7  advertisement is published.

  8         2.  The second public hearing shall be held at the

  9  adoption stage pursuant to subsection (7).  It shall be held

10  on a weekday at least 5 days after the day that the second

11  advertisement is published.

12         (c)  The local government shall provide a sign-in form

13  at the transmittal hearing and at the adoption hearing for

14  persons to provide their names and mailing addresses. The

15  sign-in form must advise that any person providing the

16  requested information will receive a courtesy informational

17  statement concerning publications of the state land planning

18  agency's notice of intent. The local government shall add to

19  the sign-in form the name and address of any person who

20  submits written comments concerning the proposed plan or plan

21  amendment during the time period between the commencement of

22  the transmittal hearing and the end of the adoption hearing.

23  It is the responsibility of the person completing the form or

24  providing written commends to accurately, completely, and

25  legibly provide all information needed in order to receive the

26  courtesy informational statement.

27         (d)  The agency shall provide a model sign-in format

28  for providing the list to the agency which may be used by the

29  local government to satisfy the requirements of this

30  subsection.

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  1         (e)(c)  If the proposed comprehensive plan or plan

  2  amendment changes the actual list of permitted, conditional,

  3  or prohibited uses within a future land use category or

  4  changes the actual future land use map designation of a parcel

  5  or parcels of land, the required advertisements shall be in

  6  the format prescribed by s. 125.66(4)(b)2. for a county or by

  7  s. 166.041(3)(c)2.b. for a municipality.

  8         (16)  COMPLIANCE AGREEMENTS.--

  9         (d)  A local government may adopt a plan amendment

10  pursuant to a compliance agreement in accordance with the

11  requirements of paragraph (15)(a). The plan amendment shall be

12  exempt from the requirements of subsections (2)-(7).  The

13  local government shall hold a single adoption public hearing

14  pursuant to the requirements of subparagraph (15)(b)2. and

15  paragraph (15)(d) (15)(c). Within 10 working days after

16  adoption of a plan amendment, the local government shall

17  transmit the amendment to the state land planning agency as

18  specified in the agency's procedural rules, and shall submit

19  one copy to the regional planning agency and to any other unit

20  of local government or government agency in the state that has

21  filed a written request with the governing body for a copy of

22  the plan amendment, and one copy to any party to the

23  proceeding under ss. 120.569 and 120.57 granted intervenor

24  status.

25         Section 8.  Paragraph (k) is added to subsection (1) of

26  section 163.3187, Florida Statutes, to read:

27         163.3187  Amendment of adopted comprehensive plan.--

28         (1)  Amendments to comprehensive plans adopted pursuant

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

30  calendar year, except:

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  1         (k)  A comprehensive plan amendment to adopt a public

  2  educational facilities element pursuant to s. 163.31776 and

  3  future land-use-map amendments for school siting may be

  4  approved notwithstanding statutory limits on the frequency of

  5  adopting plan amendments.

  6         Section 9.  Paragraph (k) of subsection (2) of section

  7  163.3191, Florida Statutes, is amended, and paragraph (l) is

  8  added to that subsection, to read:

  9         163.3191  Evaluation and appraisal of comprehensive

10  plan.--

11         (2)  The report shall present an evaluation and

12  assessment of the comprehensive plan and shall contain

13  appropriate statements to update the comprehensive plan,

14  including, but not limited to, words, maps, illustrations, or

15  other media, related to:

16         (k)  The coordination of the comprehensive plan with

17  existing public schools and those identified in the applicable

18  educational 5-year school district facilities plan work

19  program adopted pursuant to s. 235.185. The assessment shall

20  address, where relevant, the success or failure of the

21  coordination of the future land use map and associated planned

22  residential development with public schools and their

23  capacities, as well as the joint decisionmaking processes

24  engaged in by the local government and the school board in

25  regard to establishing appropriate population projections and

26  the planning and siting of public school facilities. If the

27  issues are not relevant, the local government shall

28  demonstrate that they are not relevant.

29         (l)  If any of the jurisdiction of the local government

30  is located within the coastal high hazard area, an evaluation

31  of whether any past reduction in land use density impairs the

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  1  property rights of current residents when redevelopment

  2  occurs, including, but not limited to, redevelopment following

  3  a natural disaster. The local government must identify

  4  strategies to address redevelopment feasibility and the

  5  property rights of affected residents. These strategies may

  6  include the authorization of redevelopment up to the actual

  7  built density in existence on the property prior to the

  8  natural disaster or redevelopment.

  9         Section 10.  Section 163.3198, Florida Statutes, is

10  created to read:

11         163.3198  Development of a uniform

12  fiscal-impact-analysis model for evaluating the cost of

13  infrastructure to support development.--

14         (1)  The Legislature finds that the quality of growth

15  in this state will benefit greatly by the adoption of a

16  uniform fiscal-impact-analysis tool that can be used by local

17  governments to determine the costs and benefits of new

18  development. To facilitate informed decision-making and

19  accountability by local government, the analysis model must

20  itemize and calculate the costs and fiscal impacts of

21  infrastructure needs created by proposed development, as well

22  as the anticipated revenues needed for infrastructure

23  associated with the project. It is intended that the model be

24  a minimum base model for implementation by all local

25  governments. Local governments are not required to implement

26  the model until the Legislature approves such implementation,

27  and local governments are not prevented from using other

28  fiscal or economic analysis tools before or after adoption of

29  the uniform fiscal-analysis model. The Legislature intends

30  that the analysis provide local government decisionmakers with

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  1  a clearer understanding of the fiscal impact of new

  2  development on the community and its resources.

  3         (2)  A three-member technical advisory committee with

  4  one member each to be selected by the Governor, the President

  5  of the Senate, and the Speaker of the House of

  6  Representatives, respectively, shall be created to advise the

  7  secretary concerning the development of a fiscal-analysis

  8  model. The appointments must be made prior to July 1, 2001.

  9         (a)  The technical advisory committee shall advise the

10  state land planning agency concerning:

11         1.  The development of a fiscal-analysis model;

12         2.  The selection of one or more models;

13         3.  Changes that may be made to the model during the

14  testing period, as needed; and

15         4.  Recommendations on the implementation of the model.

16         (b)  Each member of the technical advisory committee is

17  entitled to reimbursement for per diem and travel expenses, as

18  provided in s. 112.061, while carrying out the official

19  business of the committee.

20         (c)  The technical advisory committee shall meet at the

21  call of the secretary and shall be dissolved upon the

22  submittal of the report and recommendations required in

23  subsection (4).

24         (3)(a)  The state land planning agency shall develop

25  one or more fiscal-analysis models for determining the

26  estimated costs and revenues of proposed development. The

27  analysis provided by the model is a tool for government

28  decisionmaking, does not constitute an automatic approval or

29  disapproval of new development, and applies to all public and

30  private projects and all land-use categories.

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  1         (b)  The model must be capable of estimating the

  2  capital, operating, and maintenance costs, and revenues for

  3  infrastructure the need for which is created by new

  4  development based on the type, scale, and location of various

  5  land uses. For the purposes of developing the model, estimated

  6  costs include those associated with provision of school

  7  facilities; transportation facilities; water supply; sewer;

  8  stormwater; solid waste services; police, fire, and emergency

  9  medical services; publicly provided energy services; parks and

10  recreation services; and publicly provided telecommunications.

11  Estimated revenues include all revenues attributable to the

12  proposed development which are used to construct, operate, or

13  maintain the listed infrastructure. The model may be developed

14  with capabilities of estimating other costs and benefits

15  directly related to new development, including economic costs

16  and benefits. The Legislature recognizes the potential

17  limitations of such models in fairly quantifying important

18  quality-of-life issues, such as the intangible benefits and

19  costs associated with development, including, but not limited

20  to, overall impact on community character, housing costs,

21  compatibility, and impacts to natural and historic resources,

22  and the Legislature affirms its intention that this model not

23  be used as the only determinant of the acceptability of new

24  development.

25         (c)  The model must be capable of identifying

26  infrastructure deficits or backlogs and the costs associated

27  with addressing such needs.

28         (d)  As part of its development of a fiscal-analysis

29  model, the state land planning agency shall develop a format

30  by which the local governments shall report to the public, at

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  1  least annually, the cumulative fiscal impact of their local

  2  planning decisions.

  3         (4)  By January 1, 2003, the state land planning agency

  4  shall transmit to the Governor, the President of the Senate,

  5  and the Speaker of the House of Representatives a report

  6  detailing the estimated costs of implementation,

  7  recommendations for a uniform fiscal-analysis model, and

  8  recommendations for statewide implementation of such a model.

  9  If the state land planning agency determines that a uniform

10  fiscal-analysis model is unfeasible, the agency may recommend

11  that the model or its application be modified. The report must

12  also include recommendations for any changes to existing

13  growth management laws and policies necessary to implement the

14  model. However, this model is not intended to serve as a

15  replacement for concurrency. The report must also include

16  recommendations for state technical and financial assistance

17  to help local governments in implementing the uniform

18  fiscal-analysis model and recommendations for incentives to

19  local governments to encourage identification of areas in

20  which infrastructure development will be encouraged. It is not

21  the intent of this section to repeal concurrency.

22         Section 11.  The sum of $500,000 is appropriated to the

23  Department of Community Affairs from the General Revenue Fund

24  to implement section 10 of this act.

25         Section 12.  Subsections (2) and (3) of section

26  186.504, Florida Statutes, are amended to read:

27         186.504  Regional planning councils; creation;

28  membership.--

29         (2)  Membership on the regional planning council shall

30  be as follows:

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  1         (a)  Representatives appointed by each of the member

  2  counties in the geographic area covered by the regional

  3  planning council.

  4         (b)  Representatives from other member local

  5  general-purpose governments in the geographic area covered by

  6  the regional planning council.

  7         (c)  Representatives appointed by the Governor from the

  8  geographic area covered by the regional planning council.

  9         (d)  An elected school board member from the geographic

10  area covered by the regional planning council, to be selected

11  by the Florida School Board Association.

12         (3)  Not less than two-thirds of the representatives

13  serving as voting members on the governing bodies of such

14  regional planning councils shall be elected officials of local

15  general-purpose governments chosen by the cities and counties

16  of the region and the school board member, provided each

17  county shall have at least one vote.  The remaining one-third

18  of the voting members on the governing board shall be

19  appointed by the Governor, subject to confirmation by the

20  Senate, and shall reside in the region.  No two appointees of

21  the Governor shall have their places of residence in the same

22  county until each county within the region is represented by a

23  Governor's appointee to the governing board. Nothing contained

24  in this section shall deny to local governing bodies or the

25  Governor the option of appointing either locally elected

26  officials or lay citizens provided at least two-thirds of the

27  governing body of the regional planning council is composed of

28  locally elected officials.

29         Section 13.  Paragraph (a) of subsection (2) and

30  subsection (6) of section 212.055, Florida Statutes, are

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  1  amended, and paragraph (j) is added to subsection (2) of that

  2  section, to read:

  3         212.055  Discretionary sales surtaxes; legislative

  4  intent; authorization and use of proceeds.--It is the

  5  legislative intent that any authorization for imposition of a

  6  discretionary sales surtax shall be published in the Florida

  7  Statutes as a subsection of this section, irrespective of the

  8  duration of the levy.  Each enactment shall specify the types

  9  of counties authorized to levy; the rate or rates which may be

10  imposed; the maximum length of time the surtax may be imposed,

11  if any; the procedure which must be followed to secure voter

12  approval, if required; the purpose for which the proceeds may

13  be expended; and such other requirements as the Legislature

14  may provide.  Taxable transactions and administrative

15  procedures shall be as provided in s. 212.054.

16         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

17         (a)1.  The governing authority in each county may levy

18  a discretionary sales surtax of 0.5 percent or 1 percent.  The

19  levy of the surtax shall be pursuant to ordinance enacted by a

20  supermajority majority of the members of the county governing

21  authority or and approved by a majority of the electors of the

22  county voting in a referendum on the surtax.  If the governing

23  bodies of the municipalities representing a majority of the

24  county's population adopt uniform resolutions establishing the

25  rate of the surtax and calling for a referendum on the surtax,

26  the levy of the surtax shall be placed on the ballot and shall

27  take effect if approved by a majority of the electors of the

28  county voting in the referendum on the surtax.

29         2.  If the surtax was levied pursuant to a referendum

30  held before July 1, 1993, the surtax may not be levied beyond

31  the time established in the ordinance, or, if the ordinance

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  1  did not limit the period of the levy, the surtax may not be

  2  levied for more than 15 years. The levy of such surtax may be

  3  extended only by approval of a majority of the electors of the

  4  county voting in a referendum on the surtax or pursuant to

  5  ordinance enacted by a supermajority vote of the members of

  6  the county governing authority.

  7

  8  For purposes of this paragraph, the term "supermajority vote"

  9  means an affirmative vote of a majority of the membership of

10  the governing authority plus one.

11         (j)  The largest municipality in a county having a

12  population of more than 1 million, which county has not levied

13  the surtax authorized by this subsection, may levy an

14  infrastructure surtax of 0.5 percent, but only if the surtax

15  is approved by the electors of the municipality by referendum.

16  The surtax may not be levied for more than 15 years, but may

17  be extended only by approval of a majority of the electors of

18  the municipality voting in a referendum on the surtax. For

19  purposes of this paragraph, the term "infrastructure" means

20  the costs identified in this subsection. A statement that

21  includes a brief general description of the projects to be

22  funded by the surtax and that conforms to the requirements of

23  s. 101.161 shall be placed on the ballot by the municipality

24  that enacts an ordinance calling for a referendum on the levy

25  of the surtax. The following question shall be placed on the

26  ballot:

27

28        _____FOR the              0.5-cent sales tax

29        _____AGAINST the          0.5-cent sales tax

30

31         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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  1         (a)  The school board in each county may levy, pursuant

  2  to resolution conditioned to take effect only upon approval by

  3  a majority vote of the electors of the county voting in a

  4  referendum, a discretionary sales surtax at a rate that may

  5  not exceed 0.5 percent.

  6         (b)  The resolution shall include a statement that

  7  provides a brief and general description of the school capital

  8  outlay projects to be funded by the surtax. If applicable, the

  9  resolution must state that the district school board has been

10  recognized by the State Board of Education as having a Florida

11  Frugal Schools Program. The statement shall conform to the

12  requirements of s. 101.161 and shall be placed on the ballot

13  by the governing body of the county. The following question

14  shall be placed on the ballot:

15

16        ....FOR THE               ....CENTS TAX

17        ....AGAINST THE           ....CENTS TAX

18

19         (c)  As an alternative method of levying the

20  discretionary sales surtax, the district school board, in a

21  county where the local governments and the school board have

22  adopted the interlocal agreement and the public educational

23  facilities element required by s. 163.31776, and adopted a

24  district facilities plan pursuant to s. 235.185, may levy,

25  pursuant to resolution adopted by a supermajority of the

26  members of the school board, a discretionary sales surtax at a

27  rate not to exceed 0.5 percent. For purposes of this

28  paragraph, the term "supermajority vote" means an affirmative

29  vote of a majority of the membership of the school board plus

30  one.

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  1         (d)(c)  The resolution providing for the imposition of

  2  the surtax shall set forth a plan for use of the surtax

  3  proceeds for fixed capital expenditures or fixed capital costs

  4  associated with the construction, reconstruction, or

  5  improvement of school facilities and campuses which have a

  6  useful life expectancy of 5 or more years, and any land

  7  acquisition, land improvement, design, and engineering costs

  8  related thereto. Additionally, the plan shall include the

  9  costs of retrofitting and providing for technology

10  implementation, including hardware and software, for the

11  various sites within the school district.  Surtax revenues may

12  be used for the purpose of servicing bond indebtedness to

13  finance projects authorized by this subsection, and any

14  interest accrued thereto may be held in trust to finance such

15  projects. Neither the proceeds of the surtax nor any interest

16  accrued thereto shall be used for operational expenses. If the

17  district school board has been recognized by the State Board

18  of Education as having a Florida Frugal Schools Program, the

19  district's plan for use of the surtax proceeds must be

20  consistent with this subsection and with uses assured under

21  the Florida Frugal Schools Program.

22         (e)(d)  Any school board imposing the surtax shall

23  implement a freeze on noncapital local school property taxes,

24  at the millage rate imposed in the year prior to the

25  implementation of the surtax, for a period of at least 3 years

26  from the date of imposition of the surtax.  This provision

27  shall not apply to existing debt service or required state

28  taxes.

29         (f)(e)  Surtax revenues collected by the Department of

30  Revenue pursuant to this subsection shall be distributed to

31  the school board imposing the surtax in accordance with law.

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  1         Section 14.  Subsection (1) of section 218.25, Florida

  2  Statutes, is amended to read:

  3         218.25  Limitation of shared funds; holders of bonds

  4  protected; limitation on use of second guaranteed entitlement

  5  for counties.--

  6         (1)  Except as provided in subsection (2) with respect

  7  to the second guaranteed entitlement for counties, local

  8  governments shall not use any portion of the moneys received

  9  in excess of the guaranteed entitlement for municipalities and

10  the second guaranteed entitlement for counties from the

11  revenue sharing trust funds created by this part to assign,

12  pledge, or set aside as a trust for the payment of principal

13  or interest on bonds, or tax anticipation certificates, or any

14  other form of indebtedness, unless such indebtedness is used

15  solely for the purpose of financing those categories of public

16  infrastructure enumerated in s. 163.3180 within the designated

17  urban service area on the local government's future land use

18  map adopted pursuant to s. 163.3177. and There shall be no

19  other use restriction on revenues shared pursuant to this

20  part.  The state does hereby covenant with holders of bonds or

21  other instruments of indebtedness issued by local governments

22  prior to July 1, 1972, that it is not the intent of this part

23  to affect adversely the rights of said holders or to relieve

24  local governments of the duty to meet their obligations as a

25  result of previous pledges or assignments or trusts entered

26  into which obligated funds received from revenue sources which

27  by terms of this part shall henceforth be distributed out of

28  the revenue sharing trust funds.

29         Section 15.  Section 235.002, Florida Statutes, is

30  amended to read:

31         235.002  Intent.--

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  1         (1)  The intent of the Legislature is to:

  2         (a)  To provide each student in the public education

  3  system the availability of an educational environment

  4  appropriate to his or her educational needs which is

  5  substantially equal to that available to any similar student,

  6  notwithstanding geographic differences and varying local

  7  economic factors, and to provide facilities for the Florida

  8  School for the Deaf and the Blind and other educational

  9  institutions and agencies as may be defined by law.

10         (a)(b)  To Encourage the use of innovative designs,

11  construction techniques, and financing mechanisms in building

12  educational facilities for the purposes purpose of reducing

13  costs to the taxpayer, creating a more satisfactory

14  educational environment, and reducing the amount of time

15  necessary for design and construction to fill unmet needs, and

16  permitting the on-site and off-site improvements required by

17  law.

18         (b)(c)  To Provide a systematic mechanism whereby

19  educational facilities construction plans can meet the current

20  and projected needs of the public education system population

21  as quickly as possible by building uniform, sound educational

22  environments and to provide a sound base for planning for

23  educational facilities needs.

24         (c)(d)  To Provide proper legislative support for as

25  wide a range of fiscally sound financing methodologies as

26  possible for the delivery of educational facilities and, where

27  appropriate, for their construction, operation, and

28  maintenance.

29         (d)  Establish a systematic process of sharing

30  information between school boards and local governments on the

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  1  growth and development trends in their communities in order to

  2  forecast future enrollment and school needs.

  3         (e)  Establish a systematic process by which school

  4  boards and local governments can cooperatively plan for the

  5  provision of educational facilities to meet the current and

  6  projected needs of the public education system, including the

  7  needs placed on the public education system as a result of

  8  growth and development decisions by local governments.

  9         (f)  Establish a systematic process by which local

10  governments and school boards can cooperatively identify and

11  meet the infrastructure needs of public schools.

12         (2)  The Legislature finds and declares that:

13         (a)  Public schools are a linchpin to the vitality of

14  our communities and play a significant role in the thousands

15  of individual housing decisions that result in community

16  growth trends.

17         (b)(a)  Growth and development issues transcend the

18  boundaries and responsibilities of individual units of

19  government, and often no single unit of government can plan or

20  implement policies to deal with these issues without affecting

21  other units of government.

22         (c)(b)  The effective and efficient provision of public

23  educational facilities and services enhances is essential to

24  preserving and enhancing the quality of life of the people of

25  this state.

26         (d)(c)  The provision of educational facilities often

27  impacts community infrastructure and services.  Assuring

28  coordinated and cooperative provision of such facilities and

29  associated infrastructure and services is in the best interest

30  of the state.

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  1         Section 16.  Section 235.15, Florida Statutes, is

  2  amended to read:

  3         235.15  Educational plant survey; localized need

  4  assessment; PECO project funding.--

  5         (1)  At least every 5 years, each board, including the

  6  Board of Regents, shall arrange for an educational plant

  7  survey, to aid in formulating plans for housing the

  8  educational program and student population, faculty,

  9  administrators, staff, and auxiliary and ancillary services of

10  the district or campus, including consideration of the local

11  comprehensive plan. The Division of Workforce Development

12  shall document the need for additional career and adult

13  education programs and the continuation of existing programs

14  before facility construction or renovation related to career

15  or adult education may be included in the educational plant

16  survey of a school district or community college that delivers

17  career or adult education programs. Information used by the

18  Division of Workforce Development to establish facility needs

19  must include, but need not be limited to, labor market data,

20  needs analysis, and information submitted by the school

21  district or community college.

22         (a)  Survey preparation and required data.--Each survey

23  shall be conducted by the board or an agency employed by the

24  board. Surveys shall be reviewed and approved by the board,

25  and a file copy shall be submitted to the Office of

26  Educational Facilities of the Commissioner of Education. The

27  survey report shall include at least an inventory of existing

28  educational and ancillary plants; recommendations for existing

29  educational and ancillary plants, including safe access

30  facilities; recommendations for new educational or ancillary

31  plants, including the general location of each in coordination

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  1  with the land use plan and safe access facilities; campus

  2  master plan update and detail for community colleges; the

  3  utilization of school plants based on an extended school day

  4  or year-round operation; and such other information as may be

  5  required by the rules of the State Board of Education. This

  6  report may be amended, if conditions warrant, at the request

  7  of the board or commissioner.

  8         (b)  Required need assessment criteria for district,

  9  community college, and state university plant surveys.--Each

10  Educational plant surveys survey completed after December 31,

11  1997, must use uniform data sources and criteria specified in

12  this paragraph. Each educational plant survey completed after

13  June 30, 1995, and before January 1, 1998, must be revised, if

14  necessary, to comply with this paragraph. Each revised

15  educational plant survey and each new educational plant survey

16  supersedes previous surveys.

17         1.  The school district's survey must be submitted as a

18  part of the district educational facilities plan defined in s.

19  235.185. Each school district's educational plant survey must

20  reflect the capacity of existing satisfactory facilities as

21  reported in the Florida Inventory of School Houses.

22  Projections of facility space needs may not exceed the norm

23  space and occupant design criteria established by the State

24  Requirements for Educational Facilities. Existing and

25  projected capital outlay full-time equivalent student

26  enrollment must be consistent with data prepared by the

27  department and must include all enrollment used in the

28  calculation of the distribution formula in s. 235.435(3). All

29  satisfactory relocatable classrooms, including those owned,

30  lease-purchased, or leased by the school district, shall be

31  included in the school district inventory of gross capacity of

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  1  facilities and must be counted at actual student capacity for

  2  purposes of the inventory. For future needs determination,

  3  student capacity shall not be assigned to any relocatable

  4  classroom that is scheduled for elimination or replacement

  5  with a permanent educational facility in the adopted 5-year

  6  educational plant survey and in the district facilities work

  7  program adopted under s. 235.185. Those relocatables clearly

  8  identified and scheduled for replacement in a school board

  9  adopted financially feasible 5-year district facilities work

10  program shall be counted at zero capacity at the time the work

11  program is adopted and approved by the school board. However,

12  if the district facilities work program is changed or altered

13  and the relocatables are not replaced as scheduled in the work

14  program, they must then be reentered into the system for

15  counting at actual capacity. Relocatables may not be

16  perpetually added to the work program and continually extended

17  for purposes of circumventing the intent of this section. All

18  remaining relocatable classrooms, including those owned,

19  lease-purchased, or leased by the school district, shall be

20  counted at actual student capacity. The educational plant

21  survey shall identify the number of relocatable student

22  stations scheduled for replacement during the 5-year survey

23  period and the total dollar amount needed for that

24  replacement. All district educational plant surveys revised

25  after July 1, 1998, shall include information on leased space

26  used for conducting the district's instructional program, in

27  accordance with the recommendations of the department's report

28  authorized in s. 235.056. A definition of satisfactory

29  relocatable classrooms shall be established by rule of the

30  department.

31

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  1         2.  Each survey of a special facility, joint-use

  2  facility, or cooperative vocational education facility must be

  3  based on capital outlay full-time equivalent student

  4  enrollment data prepared by the department for school

  5  districts, by the Division of Community Colleges for community

  6  colleges, and by the Board of Regents for state universities.

  7  A survey of space needs of a joint-use facility shall be based

  8  upon the respective space needs of the school districts,

  9  community colleges, and universities, as appropriate.

10  Projections of a school district's facility space needs may

11  not exceed the norm space and occupant design criteria

12  established by the State Requirements for Educational

13  Facilities.

14         3.  Each community college's survey must reflect the

15  capacity of existing facilities as specified in the inventory

16  maintained by the Division of Community Colleges.  Projections

17  of facility space needs must comply with standards for

18  determining space needs as specified by rule of the State

19  Board of Education.  The 5-year projection of capital outlay

20  student enrollment must be consistent with the annual report

21  of capital outlay full-time student enrollment prepared by the

22  Division of Community Colleges.

23         4.  Each state university's survey must reflect the

24  capacity of existing facilities as specified in the inventory

25  maintained and validated by the Board of Regents.  Projections

26  of facility space needs must be consistent with standards for

27  determining space needs approved by the Board of Regents. The

28  projected capital outlay full-time equivalent student

29  enrollment must be consistent with the 5-year planned

30  enrollment cycle for the State University System approved by

31  the Board of Regents.

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  1         5.  The district educational facilities plan

  2  educational plant survey of a school district and the

  3  educational plant survey of a, community college, or state

  4  university may include space needs that deviate from approved

  5  standards for determining space needs if the deviation is

  6  justified by the district or institution and approved by the

  7  department or the Board of Regents, as appropriate, as

  8  necessary for the delivery of an approved educational program.

  9         (c)  Review and validation.--The Office of Educational

10  Facilities of the Commissioner of Education department shall

11  review and validate the surveys of school districts and

12  community colleges and any amendments thereto for compliance

13  with the requirements of this chapter and, when required by

14  the State Constitution, shall recommend those in compliance

15  for approval by the State Board of Education.

16         (2)  Only the superintendent or the college president

17  shall certify to the Office of Educational Facilities of the

18  Commissioner of Education department a project's compliance

19  with the requirements for expenditure of PECO funds prior to

20  release of funds.

21         (a)  Upon request for release of PECO funds for

22  planning purposes, certification must be made to the Office of

23  Educational Facilities of the Commissioner of Education

24  department that the need for and location of the facility are

25  in compliance with the board-approved survey recommendations,

26  and that the project meets the definition of a PECO project

27  and the limiting criteria for expenditures of PECO funding,

28  and the plan is consistent with the local government

29  comprehensive plan.

30         (b)  Upon request for release of construction funds,

31  certification must be made to the Office of Educational

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  1  Facilities of the Commissioner of Education department that

  2  the need and location of the facility are in compliance with

  3  the board-approved survey recommendations, that the project

  4  meets the definition of a PECO project and the limiting

  5  criteria for expenditures of PECO funding, and that the

  6  construction documents meet the requirements of the State

  7  Uniform Building Code for Educational Facilities Construction

  8  or other applicable codes as authorized in this chapter.

  9         Section 17.  Subsection (3) of section 235.175, Florida

10  Statutes, is amended to read:

11         235.175  SMART schools; Classrooms First; legislative

12  purpose.--

13         (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK

14  PROGRAMS.--It is the purpose of the Legislature to create s.

15  235.185, requiring each school district annually to adopt an

16  educational facilities plan that provides an integrated

17  long-range facilities plan, including the survey of projected

18  needs and the a district facilities 5-year work program. The

19  purpose of the educational facilities plan district facilities

20  work program is to keep the school board, local governments,

21  and the public fully informed as to whether the district is

22  using sound policies and practices that meet the essential

23  needs of students and that warrant public confidence in

24  district operations. The educational facilities plan district

25  facilities work program will be monitored by the SMART Schools

26  Clearinghouse, which will also apply performance standards

27  pursuant to s. 235.218.

28         Section 18.  Section 235.18, Florida Statutes, is

29  amended to read:

30         235.18  Annual capital outlay budget.--Each board,

31  including the Board of Regents, shall, each year, adopt a

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  1  capital outlay budget for the ensuing year in order that the

  2  capital outlay needs of the board for the entire year may be

  3  well understood by the public.  This capital outlay budget

  4  shall be a part of the annual budget and shall be based upon

  5  and in harmony with the educational plant and ancillary

  6  facilities plan. This budget shall designate the proposed

  7  capital outlay expenditures by project for the year from all

  8  fund sources. The board may not expend any funds on any

  9  project not included in the budget, as amended. Each district

10  school board must prepare its tentative district education

11  facilities plan facilities work program as required by s.

12  235.185 before adopting the capital outlay budget.

13         Section 19.  Section 235.185, Florida Statutes, is

14  amended to read:

15         235.185  School district educational facilities plan

16  work program; definitions; preparation, adoption, and

17  amendment; long-term work programs.--

18         (1)  DEFINITIONS.--As used in this section, the term:

19         (a)  "Adopted educational facilities plan" means the

20  comprehensive planning document that is adopted annually by

21  the district school board as provided in subsection (2) and

22  that contains the educational plant survey.

23         (a)  "Adopted district facilities work program" means

24  the 5-year work program adopted by the district school board

25  as provided in subsection (3).

26         (b)  "Tentative District facilities work program" means

27  the 5-year listing of capital outlay projects, adopted by the

28  district school board as provided in subparagraph (2)(a)2. and

29  paragraph (2)(b) as part of the district educational

30  facilities plan, which is required in order to:

31

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  1         1.  To Properly maintain the educational plant and

  2  ancillary facilities of the district.

  3         2.  To Provide an adequate number of satisfactory

  4  student stations for the projected student enrollment of the

  5  district in K-12 programs in accordance with the goal in s.

  6  235.062.

  7         (c)  "Tentative educational facilities plan" means the

  8  comprehensive planning document prepared annually by the

  9  district school board and submitted to the Office of

10  Educational Facilities of the Commissioner of Education and

11  the affected general-purpose local governments.

12         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

13  FACILITIES PLAN WORK PROGRAM.--

14         (a)  Annually, prior to the adoption of the district

15  school budget, each school board shall prepare a tentative

16  district educational facilities plan that includes long-range

17  planning for facilities needs over 5-year, 10-year, and

18  20-year periods. The plan must be developed in coordination

19  with the general-purpose local governments and be consistent

20  with the local government comprehensive plans. The school

21  board's plan for provision of new schools must meet the needs

22  of all growing communities in the district, ranging from small

23  rural communities to large urban cities. The plan must include

24  work program that includes:

25         1.  Projected student populations apportioned

26  geographically at the local level. The projections must be

27  based on information produced by the demographic, revenue, and

28  education estimating conferences pursuant to s. 216.136, where

29  available, as modified by the district based on development

30  data and agreement with the local governments and the Office

31  of Educational Facilities of the Commissioner of Education.

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  1  The projections must be apportioned geographically with

  2  assistance from the local governments using local development

  3  trend data and the school district student enrollment data.

  4         2.  An inventory of existing school facilities. Any

  5  anticipated expansions or closures of existing school sites

  6  over the 5-year, 10-year, and 20-year periods must be

  7  identified. The inventory must include an assessment of areas

  8  proximate to existing schools and identification of the need

  9  for improvements to infrastructure, safety, including safe

10  access routes, and conditions in the community. The plan must

11  also provide a listing of major repairs and renovation

12  projects anticipated over the period of the plan.

13         3.  Projections of facilities space needs, which may

14  not exceed the norm space and occupant design criteria

15  established in the State Requirements for Educational

16  Facilities.

17         4.  Information on leased, loaned, and donated space

18  and relocatables used for conducting the district's

19  instructional programs.

20         5.  The general location of public schools proposed to

21  be constructed over the 5-year, 10-year, and 20-year time

22  periods, including a listing of the proposed schools' site

23  acreage needs and anticipated capacity and maps showing the

24  general locations. The school board's identification of

25  general locations of future school sites must be based on the

26  school siting requirements of s. 163.3177(6)(a) and policies

27  in the comprehensive plan which provide guidance for

28  appropriate locations for school sites.

29         6.  The identification of options deemed reasonable and

30  approved by the school board which reduce the need for

31

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  1  additional permanent student stations. Such options may

  2  include, but need not be limited to:

  3         a.  Acceptable capacity;

  4         b.  Redistricting;

  5         c.  Busing;

  6         d.  Year-round schools; and

  7         e.  Charter schools.

  8         7.  The criteria and method, jointly determined by the

  9  local government and the school board, for determining the

10  impact to public school capacity in response to a local

11  government request for a report pursuant to s. 235.193(4).

12         (b)  The plan must also include a financially feasible

13  district facilities work program for a 5-year period. The work

14  program must include:

15         1.  A schedule of major repair and renovation projects

16  necessary to maintain the educational facilities plant and

17  ancillary facilities of the district.

18         2.  A schedule of capital outlay projects necessary to

19  ensure the availability of satisfactory student stations for

20  the projected student enrollment in K-12 programs. This

21  schedule shall consider:

22         a.  The locations, capacities, and planned utilization

23  rates of current educational facilities of the district. The

24  capacity of existing satisfactory facilities, as reported in

25  the Florida Inventory of School Houses must be compared to the

26  capital outlay full-time-equivalent student enrollment as

27  determined by the department including all enrollment used in

28  the calculation of the distribution formula in s. 235.435(3).

29         b.  The proposed locations of planned facilities,

30  whether those locations are consistent with the comprehensive

31  plans of all affected local governments, and recommendations

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  1  for infrastructure and other improvements to land adjacent to

  2  existing facilities. The provisions of ss. 235.19 and

  3  235.193(6), (7), and (8) must be addressed for new facilities

  4  planned within the first 3 years of the work plan, as

  5  appropriate.

  6         c.  Plans for the use and location of relocatable

  7  facilities, leased facilities, and charter school facilities.

  8         d.  Plans for multitrack scheduling, grade level

  9  organization, block scheduling, or other alternatives that

10  reduce the need for additional permanent student stations.

11         e.  Information concerning average class size and

12  utilization rate by grade level within the district which that

13  will result if the tentative district facilities work program

14  is fully implemented. The average shall not include

15  exceptional student education classes or prekindergarten

16  classes.

17         f.  The number and percentage of district students

18  planned to be educated in relocatable facilities during each

19  year of the tentative district facilities work program. For

20  determining future needs, student capacity may not be assigned

21  to any relocatable classroom that is scheduled for elimination

22  or replacement with a permanent educational facility in the

23  current year of the adopted district educational facilities

24  plan and in the district facilities work program adopted under

25  this section. Those relocatable classrooms clearly identified

26  and scheduled for replacement in a school-board-adopted,

27  financially feasible, 5-year district facilities work program

28  shall be counted at zero capacity at the time the work program

29  is adopted and approved by the school board. However, if the

30  district facilities work program is changed and the

31  relocatable classrooms are not replaced as scheduled in the

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  1  work program, the classrooms must be reentered into the system

  2  and be counted at actual capacity. Relocatable classrooms may

  3  not be perpetually added to the work program or continually

  4  extended for purposes of circumventing this section. All

  5  relocatable classrooms not identified and scheduled for

  6  replacement, including those owned, lease-purchased, or leased

  7  by the school district, must be counted at actual student

  8  capacity. The district educational facilities plan must

  9  identify the number of relocatable student stations scheduled

10  for replacement during the 5-year survey period and the total

11  dollar amount needed for that replacement.

12         g.  Plans for the closure of any school, including

13  plans for disposition of the facility or usage of facility

14  space, and anticipated revenues.

15         h.  Projects for which capital outlay and debt service

16  funds accruing under s. 9(d), Art. XII of the State

17  Constitution are to be used shall be identified separately in

18  priority order on a project priority list within the district

19  facilities work program.

20         3.  The projected cost for each project identified in

21  the tentative district facilities work program. For proposed

22  projects for new student stations, a schedule shall be

23  prepared comparing the planned cost and square footage for

24  each new student station, by elementary, middle, and high

25  school levels, to the low, average, and high cost of

26  facilities constructed throughout the state during the most

27  recent fiscal year for which data is available from the

28  Department of Education.

29         4.  A schedule of estimated capital outlay revenues

30  from each currently approved source which is estimated to be

31

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  1  available for expenditure on the projects included in the

  2  tentative district facilities work program.

  3         5.  A schedule indicating which projects included in

  4  the tentative district facilities work program will be funded

  5  from current revenues projected in subparagraph 4.

  6         6.  A schedule of options for the generation of

  7  additional revenues by the district for expenditure on

  8  projects identified in the tentative district facilities work

  9  program which are not funded under subparagraph 5. Additional

10  anticipated revenues may include effort index grants, SIT

11  Program awards, and Classrooms First funds.

12         (c)(b)  To the extent available, the tentative district

13  educational facilities plan work program shall be based on

14  information produced by the demographic, revenue, and

15  education estimating conferences pursuant to s. 216.136.

16         (d)(c)  Provision shall be made for public comment

17  concerning the tentative district educational facilities plan

18  work program.

19         (e)  The district school board shall coordinate with

20  each affected local government to ensure consistency between

21  the tentative district educational facilities plan and the

22  local government comprehensive plans of the affected local

23  governments during the development of the tentative district

24  educational facilities plan.

25         (f)  Commencing on October 1, 2001, and not less than

26  once every 5 years thereafter, the district school board shall

27  contract with a qualified, independent third party to conduct

28  a financial management and performance audit of the

29  educational planning and construction activities of the

30  district. An audit conducted by the Auditor General satisfies

31  this requirement.

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  1         (3)  SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL

  2  FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school

  3  board shall submit a copy of its tentative district

  4  educational facilities plan to all affected local governments

  5  prior to adoption by the board. The affected local governments

  6  shall review the tentative district educational facilities

  7  plan and comment to the district school board on the

  8  consistency of the plan with the local comprehensive plan,

  9  whether a comprehensive plan amendment will be necessary for

10  any proposed educational facility, and whether the local

11  government supports a necessary comprehensive plan amendment.

12  If the local government does not support a comprehensive plan

13  amendment for a proposed educational facility, the matter

14  shall be resolved pursuant to the interlocal agreement

15  required by ss. 163.31776(4) and 235.193(2). The process for

16  the submittal and review shall be detailed in the interlocal

17  agreement required pursuant to ss. 163.31776(4) and

18  235.193(2).

19         (4)(3)  ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN

20  WORK PROGRAM.--Annually, the district school board shall

21  consider and adopt the tentative district educational

22  facilities plan work program completed pursuant to subsection

23  (2). Upon giving proper public notice to the public and local

24  governments and opportunity for public comment, the district

25  school board may amend the plan program to revise the priority

26  of projects, to add or delete projects, to reflect the impact

27  of change orders, or to reflect the approval of new revenue

28  sources which may become available. The adopted district

29  educational facilities plan work program shall:

30         (a)  Be a complete, balanced, and financially feasible

31  capital outlay financial plan for the district.

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  1         (b)  Set forth the proposed commitments and planned

  2  expenditures of the district to address the educational

  3  facilities needs of its students and to adequately provide for

  4  the maintenance of the educational plant and ancillary

  5  facilities, including safe access ways from neighborhoods to

  6  schools.

  7         (5)(4)  EXECUTION OF ADOPTED DISTRICT EDUCATIONAL

  8  FACILITIES PLAN WORK PROGRAM.--The first year of the adopted

  9  district educational facilities plan work program shall

10  constitute the capital outlay budget required in s. 235.18.

11  The adopted district educational facilities plan work program

12  shall include the information required in subparagraphs

13  (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects

14  actually funded in the program.

15         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

16  the adopted district facilities work program covering the

17  5-year work program, the district school board shall adopt

18  annually a 10-year and a 20-year work program which include

19  the information set forth in subsection (2), but based upon

20  enrollment projections and facility needs for the 10-year and

21  20-year periods. It is recognized that the projections in the

22  10-year and 20-year timeframes are tentative and should be

23  used only for general planning purposes.

24         Section 20.  Section 235.188, Florida Statutes, is

25  amended to read:

26         235.188  Full bonding required to participate in

27  programs.--Any district with unused bonding capacity in its

28  Capital Outlay and Debt Service Trust Fund allocation that

29  certifies in its district educational facilities plan work

30  program that it will not be able to meet all of its need for

31  new student stations within existing revenues must fully bond

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  1  its Capital Outlay and Debt Service Trust Fund allocation

  2  before it may participate in Classrooms First, the School

  3  Infrastructure Thrift (SIT) Program, or the Effort Index

  4  Grants Program.

  5         Section 21.  Section 235.19, Florida Statutes, is

  6  amended to read:

  7         235.19  Site planning and selection.--

  8         (1)  If the school board and local government have

  9  entered into an interlocal agreement pursuant to ss.

10  163.31776(4) and 235.193(2) and have developed a process to

11  ensure consistency between the local government comprehensive

12  plan and the school district educational facilities plan and a

13  method to coordinate decisionmaking and approved activities

14  relating to school planning and site selection, the provisions

15  of this section do not apply to such school board and local

16  government.

17         (2)(1)  Before acquiring property for sites, each board

18  shall determine the location of proposed educational centers

19  or campuses for the board.  In making this determination, the

20  board shall consider existing and anticipated site needs and

21  the most economical and practicable locations of sites.  The

22  board shall coordinate with the long-range or comprehensive

23  plans of local, regional, and state governmental agencies to

24  assure the consistency compatibility of such plans with site

25  planning. Boards are encouraged to locate schools proximate to

26  urban residential areas to the extent possible, and shall seek

27  to collocate schools with other public facilities, such as

28  parks, libraries, and community centers, to the extent

29  possible and to encourage using elementary schools as focal

30  points for neighborhoods.

31

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  1         (3)(2)  Each new site selected must be adequate in size

  2  to meet the educational needs of the students to be served on

  3  that site by the original educational facility or future

  4  expansions of the facility through renovation or the addition

  5  of relocatables. The Commissioner of Education shall prescribe

  6  by rule recommended sizes for new sites according to

  7  categories of students to be housed and other appropriate

  8  factors determined by the commissioner. Less-than-recommended

  9  site sizes are allowed if the board, by a two-thirds majority,

10  recommends such a site and finds that it can provide an

11  appropriate and equitable educational program on the site.

12         (4)(3)  Sites recommended for purchase, or purchased,

13  in accordance with chapter 230 or chapter 240 must meet

14  standards prescribed therein and such supplementary standards

15  as the school board commissioner prescribes to promote the

16  educational interests of the students. Each site must be well

17  drained and suitable for outdoor educational purposes as

18  appropriate for the educational program or colocated with

19  facilities to serve this purpose. As provided in s. 333.03,

20  the site must not be located within any path of flight

21  approach of any airport. Insofar as is practicable, the site

22  must not adjoin a right-of-way of any railroad or through

23  highway and must not be adjacent to any factory or other

24  property from which noise, odors, or other disturbances, or at

25  which conditions, would be likely to interfere with the

26  educational program. To the extent practicable, sites must be

27  chosen that will provide safe access from neighborhoods to

28  schools.

29         (5)(4)  It shall be the responsibility of the board to

30  provide adequate notice to appropriate municipal, county,

31  regional, and state governmental agencies for requested

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  1  traffic control and safety devices so they can be installed

  2  and operating prior to the first day of classes or to satisfy

  3  itself that every reasonable effort has been made in

  4  sufficient time to secure the installation and operation of

  5  such necessary devices prior to the first day of classes.  It

  6  shall also be the responsibility of the board to review

  7  annually traffic control and safety device needs and to

  8  request all necessary changes indicated by such review.

  9         (6)(5)  Each board may request county and municipal

10  governments to construct and maintain sidewalks and bicycle

11  trails within a 2-mile radius of each educational facility

12  within the jurisdiction of the local government. When a board

13  discovers or is aware of an existing hazard on or near a

14  public sidewalk, street, or highway within a 2-mile radius of

15  a school site and the hazard endangers the life or threatens

16  the health or safety of students who walk, ride bicycles, or

17  are transported regularly between their homes and the school

18  in which they are enrolled, the board shall, within 24 hours

19  after discovering or becoming aware of the hazard, excluding

20  Saturdays, Sundays, and legal holidays, report such hazard to

21  the governmental entity within the jurisdiction of which the

22  hazard is located. Within 5 days after receiving notification

23  by the board, excluding Saturdays, Sundays, and legal

24  holidays, the governmental entity shall investigate the

25  hazardous condition and either correct it or provide such

26  precautions as are practicable to safeguard students until the

27  hazard can be permanently corrected. However, if the

28  governmental entity that has jurisdiction determines upon

29  investigation that it is impracticable to correct the hazard,

30  or if the entity determines that the reported condition does

31  not endanger the life or threaten the health or safety of

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  1  students, the entity shall, within 5 days after notification

  2  by the board, excluding Saturdays, Sundays, and legal

  3  holidays, inform the board in writing of its reasons for not

  4  correcting the condition. The governmental entity, to the

  5  extent allowed by law, shall indemnify the board from any

  6  liability with respect to accidents or injuries, if any,

  7  arising out of the hazardous condition.

  8         Section 22.  Section 235.193, Florida Statutes, is

  9  amended to read:

10         235.193  Coordination of planning with local governing

11  bodies.--

12         (1)  It is the policy of this state to require the

13  coordination of planning between boards and local governing

14  bodies to ensure that plans for the construction and opening

15  of public educational facilities are facilitated and

16  coordinated in time and place with plans for residential

17  development, concurrently with other necessary services. Such

18  planning shall include the integration of the educational

19  facilities plan plant survey and applicable policies and

20  procedures of a board with the local comprehensive plan and

21  land development regulations of local governments governing

22  bodies. The planning must include the consideration of

23  allowing students to attend the school located nearest their

24  homes when a new housing development is constructed near a

25  county boundary and it is more feasible to transport the

26  students a short distance to an existing facility in an

27  adjacent county than to construct a new facility or transport

28  students longer distances in their county of residence. The

29  planning must also consider the effects of the location of

30  public education facilities, including the feasibility of

31  keeping central city facilities viable, in order to encourage

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  1  central city redevelopment and the efficient use of

  2  infrastructure and to discourage uncontrolled urban sprawl. In

  3  addition, all parties to the planning process must consult

  4  with state and local road departments to assist in

  5  implementing the Safe Paths to Schools program administered by

  6  the Department of Transportation.

  7         (2)  No later than 6 months prior to the transmittal of

  8  a public educational facilities element by general purpose

  9  local governments meeting the criteria of s. 163.31776(3), the

10  school district, the county, and the non-exempt municipalities

11  shall enter into an interlocal agreement that establishes a

12  process for developing coordinated and consistent local

13  government public educational facilities elements and a

14  district educational facilities plan, including a process:

15         (a)  By which each local government and the school

16  district agree and base the local government comprehensive

17  plan and educational facilities plan on consistent projections

18  of the amount, type, and distribution of population growth and

19  student enrollment.

20         (b)  To coordinate and share information relating to

21  existing and planned public school facilities and local

22  government plans for development and redevelopment.

23         (c)  To ensure that school-siting decisions by the

24  school board are consistent with the local comprehensive plan,

25  including appropriate circumstances and criteria under which a

26  school district may request an amendment to the comprehensive

27  plan for school siting, and to ensure early involvement by the

28  local government as the school board identifies potential

29  school sites.

30         (d)  To coordinate and provide timely formal comments

31  during the development, adoption, and amendment of each local

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  1  government's public educational facilities element and the

  2  educational facilities plan of the school district to ensure a

  3  uniform, countywide school facility planning system.

  4         (e)  For school-district participation in the review of

  5  comprehensive plan amendments and rezonings that increase

  6  residential density and that are reasonably expected to have

  7  an impact on public school facility demand pursuant to s.

  8  163.31777. The interlocal agreement must specify how the

  9  school board and local governments will develop the

10  methodology and the criteria for determining whether school

11  facility capacity will be reasonably available at the time of

12  projected school impacts, including uniform, districtwide

13  level-of-service standards for all public schools of the same

14  type and availability standards for public schools. The

15  interlocal agreement shall ensure that consistent criteria and

16  capacity-determination methodologies including student

17  generation multipliers are adopted into the school board's

18  district educational facilities plan and the local

19  government's public educational facilities element. The

20  interlocal agreement shall also set forth the process and

21  uniform methodology for determining proportionate-share

22  mitigation pursuant to s. 163.31777.

23         (f)  For the resolution of disputes between the school

24  district and local governments.

25

26  Any school board entering into an interlocal agreement for the

27  purpose of adopting public school concurrency prior to the

28  effective date of this act is not required to amend the

29  interlocal agreement to conform to the provisions of this

30  subsection if the comprehensive plan amendment adopting public

31

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  1  school concurrency is ultimately determined to be in

  2  compliance.

  3         (3)  Failure to enter into an interlocal agreement as

  4  required by s. 235.193(2) shall result in the withholding of

  5  funds for school construction available pursuant to ss.

  6  235.187, 235.216, 235.2195, and 235.42 and a prohibition from

  7  siting schools. Before the Office of Educational Facilities of

  8  the Commissioner of Education may withhold any funds, the

  9  office shall provide the school board with a notice of intent

10  to withhold funds, which the school board may appeal under

11  chapter 120. The office shall withhold funds when a final

12  order is issued finding that the school board has failed to

13  enter into an interlocal agreement that meets the requirements

14  of this section.

15         (4)  The school board shall report to the local

16  government on school capacity when the local government

17  notifies the school board that it is reviewing an application

18  for a comprehensive plan amendment or a rezoning that seeks to

19  increase residential density. The report must provide data and

20  analysis as required by s. 163.31777(2) for the local

21  government's review of the proposed plan amendment or

22  rezoning.

23         (5)(2)  A school board and the local governing body

24  must share and coordinate information related to existing and

25  planned public school facilities; proposals for development,

26  redevelopment, or additional development; and infrastructure

27  required to support the public school facilities, concurrent

28  with proposed development. A school board shall use

29  information produced by the demographic, revenue, and

30  education estimating conferences pursuant to s. 216.136

31  Department of Education enrollment projections when preparing

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  1  the 5-year district educational facilities plan work program

  2  pursuant to s. 235.185, as modified and agreed to by the local

  3  governments and the Office of Educational Facilities of the

  4  Commissioner of Education, in and a school board shall

  5  affirmatively demonstrate in the educational facilities report

  6  consideration of local governments' population projections, to

  7  ensure that the district educational facilities plan 5-year

  8  work program not only reflects enrollment projections but also

  9  considers applicable municipal and county growth and

10  development projections. The projections shall be apportioned

11  geographically with assistance from the local governments

12  using local government trend data and the school district

13  student enrollment data. A school board is precluded from

14  siting a new school in a jurisdiction where the school board

15  has failed to provide the annual educational facilities plan

16  report for the prior year required pursuant to s. 235.185 s.

17  235.194 unless the failure is corrected.

18         (6)(3)  The location of public educational facilities

19  shall be consistent with the comprehensive plan of the

20  appropriate local governing body developed under part II of

21  chapter 163 and consistent with the plan's implementing land

22  development regulations, to the extent that the regulations

23  are not in conflict with or the subject regulated is not

24  specifically addressed by this chapter or the State Uniform

25  Building Code, unless mutually agreed by the local government

26  and the board.

27         (7)(4)  To improve coordination relative to potential

28  educational facility sites, a board shall provide written

29  notice to the local government that has regulatory authority

30  over the use of the land at least 120 60 days prior to

31  acquiring or leasing property that may be used for a new

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  1  public educational facility.  The local government, upon

  2  receipt of this notice, shall notify the board within 45 days

  3  if the site proposed for acquisition or lease is consistent

  4  with the land use categories and policies of the local

  5  government's comprehensive plan.  This preliminary notice does

  6  not constitute the local government's determination of

  7  consistency pursuant to subsection (8) (5).

  8         (8)(5)  As early in the design phase as feasible, but

  9  at least before commencing construction of a new public

10  educational facility, the local governing body that regulates

11  the use of land shall determine, in writing within 90 days

12  after receiving the necessary information and a school board's

13  request for a determination, whether a proposed public

14  educational facility is consistent with the local

15  comprehensive plan and consistent with local land development

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

17  conflict with or the subject regulated is not specifically

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

19  unless mutually agreed. If the determination is affirmative,

20  school construction may proceed and further local government

21  approvals are not required, except as provided in this

22  section. Failure of the local governing body to make a

23  determination in writing within 90 days after a school board's

24  request for a determination of consistency shall be considered

25  an approval of the school board's application.

26         (9)(6)  A local governing body may not deny the site

27  applicant based on adequacy of the site plan as it relates

28  solely to the needs of the school. If the site is consistent

29  with the comprehensive plan's future land use policies and

30  categories in which public schools are identified as allowable

31  uses, the local government may not deny the application but it

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  1  may impose reasonable development standards and conditions in

  2  accordance with s. 235.34(1) and consider the site plan and

  3  its adequacy as it relates to environmental concerns, health,

  4  safety and welfare, and effects on adjacent property.

  5  Standards and conditions may not be imposed which conflict

  6  with those established in this chapter or the State Uniform

  7  Building Code, unless mutually agreed.

  8         (10)(7)  This section does not prohibit a local

  9  governing body and district school board from agreeing and

10  establishing an alternative process for reviewing a proposed

11  educational facility and site plan, and offsite impacts

12  pursuant to an interlocal agreement adopted in accordance with

13  this section.

14         (11)(8)  Existing schools shall be considered

15  consistent with the applicable local government comprehensive

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

17  a new proposed public educational facility with an existing

18  public educational facility, or the expansion of an existing

19  public educational facility is not inconsistent with the local

20  comprehensive plan, if the site is consistent with the

21  comprehensive plan's future land use policies and categories

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

23  levels of service adopted by the local government for any

24  facilities affected by the proposed location for the new

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

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

27  impose reasonable development standards and conditions on the

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

29  Standards and conditions may not be imposed which conflict

30  with those established in this chapter or the State Uniform

31

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  1  Building Code, unless mutually agreed. Local government review

  2  or approval is not required for:

  3         (a)  The placement of temporary or portable classroom

  4  facilities; or

  5         (b)  Proposed renovation or construction on existing

  6  school sites, with the exception of construction that changes

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

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

  9  as mutually agreed.

10         Section 23.  Section 235.194, Florida Statutes, is

11  repealed.

12         Section 24.  Section 235.218, Florida Statutes, is

13  amended to read:

14         235.218  School district educational facilities plan

15  work program performance and productivity standards;

16  development; measurement; application.--

17         (1)  The SMART Schools Clearinghouse shall develop and

18  adopt measures for evaluating the performance and productivity

19  of school district educational facilities plans work programs.

20  The measures may be both quantitative and qualitative and

21  must, to the maximum extent practical, assess those factors

22  that are within the districts' control.  The measures must, at

23  a minimum, assess performance in the following areas:

24         (a)  Frugal production of high-quality projects.

25         (b)  Efficient finance and administration.

26         (c)  Optimal school and classroom size and utilization

27  rate.

28         (d)  Safety.

29         (e)  Core facility space needs and cost-effective

30  capacity improvements that consider demographic projections.

31         (f)  Level of district local effort.

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  1         (2)  The clearinghouse shall establish annual

  2  performance objectives and standards that can be used to

  3  evaluate district performance and productivity.

  4         (3)  The clearinghouse shall conduct ongoing

  5  evaluations of district educational facilities program

  6  performance and productivity, using the measures adopted under

  7  this section. If, using these measures, the clearinghouse

  8  finds that a district failed to perform satisfactorily, the

  9  clearinghouse must recommend to the district school board

10  actions to be taken to improve the district's performance.

11         Section 25.  Section 235.321, Florida Statutes, is

12  amended to read:

13         235.321  Changes in construction requirements after

14  award of contract.--The board may, at its option and by

15  written policy duly adopted and entered in its official

16  minutes, authorize the superintendent or president or other

17  designated individual to approve change orders in the name of

18  the board for preestablished amounts.  Approvals shall be for

19  the purpose of expediting the work in progress and shall be

20  reported to the board and entered in its official minutes. For

21  accountability, the school district shall monitor and report

22  the impact of change orders on its district educational

23  facilities plan work program pursuant to s. 235.185.

24         Section 26.  Paragraph (d) of subsection (5) of section

25  236.25, Florida Statutes, is amended to read:

26         236.25  District school tax.--

27         (5)

28         (d)  Notwithstanding any other provision of this

29  subsection, if through its adopted educational facilities plan

30  work program a district has clearly identified the need for an

31  ancillary plant, has provided opportunity for public input as

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  1  to the relative value of the ancillary plant versus an

  2  educational plant, and has obtained public approval, the

  3  district may use revenue generated by the millage levy

  4  authorized by subsection (2) for the construction, renovation,

  5  remodeling, maintenance, or repair of an ancillary plant.

  6

  7  A district that violates these expenditure restrictions shall

  8  have an equal dollar reduction in funds appropriated to the

  9  district under s. 236.081 in the fiscal year following the

10  audit citation.  The expenditure restrictions do not apply to

11  any school district that certifies to the Commissioner of

12  Education that all of the district's instructional space needs

13  for the next 5 years can be met from capital outlay sources

14  that the district reasonably expects to receive during the

15  next 5 years or from alternative scheduling or construction,

16  leasing, rezoning, or technological methodologies that exhibit

17  sound management.

18         Section 27.  Section 236.255, Florida Statutes, is

19  created to read:

20         236.255  School District Guaranty Program.--The School

21  District Guaranty Program is created. The purpose of the

22  program is to provide school districts a means to enhance

23  their credit and borrowing capacity to the extent of their

24  authorized millage for the purpose of issuing certificates of

25  participation. A district school board may request the

26  financial backing of the state or county in the issuance of

27  certificates of participation. Any such financial backing by

28  the state or county is optional and shall be limited to the

29  financial backing of amounts in excess of 50 percent of the

30  school board's authorized millage. However, nothing in this

31  section allows a district school board to exceed the payment

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  1  limits established in s. 236.25(2)(e). The school board must

  2  submit its request to the State Board of Education or the

  3  board of county commissioners, as applicable. The State Board

  4  of Education or the board of county commissioners may grant

  5  such financial backing based on the availability of funds

  6  appropriated or otherwise set aside for that purpose.

  7         Section 28.  Subsection (12), paragraph (c) of

  8  subsection (15), and subsections (18) and (19) of section

  9  380.06, Florida Statutes, are amended to read:

10         380.06  Developments of regional impact.--

11         (12)  REGIONAL REPORTS.--

12         (a)  Within 50 days after receipt of the notice of

13  public hearing required in paragraph (11)(c), the regional

14  planning agency, if one has been designated for the area

15  including the local government, shall prepare and submit to

16  the local government a report and recommendations on the

17  regional impact of the proposed development.  In preparing its

18  report and recommendations, the regional planning agency shall

19  identify regional issues based upon the following review

20  criteria and make recommendations to the local government on

21  these regional issues, specifically considering whether, and

22  the extent to which:

23         1.  The development will have a favorable or

24  unfavorable impact on state or regional resources or

25  facilities identified in the applicable state or regional

26  plans.  For the purposes of this subsection, "applicable state

27  plan" means the state comprehensive plan. For the purposes of

28  this subsection, "applicable regional plan" means an adopted

29  comprehensive regional policy plan until the adoption of a

30  strategic regional policy plan pursuant to s. 186.508, and

31  thereafter means an adopted strategic regional policy plan.

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  1         2.  The development will significantly impact adjacent

  2  jurisdictions. At the request of the appropriate local

  3  government, regional planning agencies may also review and

  4  comment upon issues that affect only the requesting local

  5  government.

  6         3.  As one of the issues considered in the review in

  7  subparagraphs 1. and 2., the development will favorably or

  8  adversely affect the ability of people to find adequate

  9  housing reasonably accessible to their places of employment.

10  The determination should take into account information on

11  factors that are relevant to the availability of reasonably

12  accessible adequate housing.  Adequate housing means housing

13  that is available for occupancy and that is not substandard.

14         (b)  At the request of the regional planning agency,

15  other appropriate agencies shall review the proposed

16  development and shall prepare reports and recommendations on

17  issues that are clearly within the jurisdiction of those

18  agencies. Such agency reports shall become part of the

19  regional planning agency report; however, the regional

20  planning agency may attach dissenting views. When water

21  management district and Department of Environmental Protection

22  permits have been issued pursuant to chapter 373 or chapter

23  403, the regional planning council may comment on the regional

24  implications of the permits but may not offer conflicting

25  recommendations.

26         (c)  The regional planning agency shall afford the

27  developer or any substantially affected party reasonable

28  opportunity to present evidence to the regional planning

29  agency head relating to the proposed regional agency report

30  and recommendations.

31

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  1         (d)  Where the location of a proposed development

  2  involves land within the boundaries of multiple regional

  3  planning councils, the state land planning agency shall

  4  designate a lead regional planning council. The lead regional

  5  planning council shall prepare the regional report.

  6         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

  7         (c)  The development order shall include findings of

  8  fact and conclusions of law consistent with subsections (13)

  9  and (14). The development order:

10         1.  Shall specify the monitoring procedures and the

11  local official responsible for assuring compliance by the

12  developer with the development order.

13         2.  Shall establish compliance dates for the

14  development order, including a deadline for commencing

15  physical development and for compliance with conditions of

16  approval or phasing requirements, and shall include a

17  termination date that reasonably reflects the time required to

18  complete the development.

19         3.  Shall establish a date until which the local

20  government agrees that the approved development of regional

21  impact shall not be subject to downzoning, unit density

22  reduction, or intensity reduction, unless the local government

23  can demonstrate that substantial changes in the conditions

24  underlying the approval of the development order have occurred

25  or the development order was based on substantially inaccurate

26  information provided by the developer or that the change is

27  clearly established by local government to be essential to the

28  public health, safety, or welfare.

29         4.  Shall specify the requirements for the biennial

30  annual report designated under subsection (18), including the

31  date of submission, parties to whom the report is submitted,

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  1  and contents of the report, based upon the rules adopted by

  2  the state land planning agency.  Such rules shall specify the

  3  scope of any additional local requirements that may be

  4  necessary for the report.

  5         5.  May specify the types of changes to the development

  6  which shall require submission for a substantial deviation

  7  determination under subsection (19).

  8         6.  Shall include a legal description of the property.

  9         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

10  submit a biennial an annual report on the development of

11  regional impact to the local government, the regional planning

12  agency, the state land planning agency, and all affected

13  permit agencies in alternate years on the date specified in

14  the development order, unless the development order by its

15  terms requires more frequent monitoring.  If the annual report

16  is not received, the regional planning agency or the state

17  land planning agency shall notify the local government.  If

18  the local government does not receive the biennial annual

19  report or receives notification that the regional planning

20  agency or the state land planning agency has not received the

21  report, the local government shall request in writing that the

22  developer submit the report within 30 days.  The failure to

23  submit the report after 30 days shall result in the temporary

24  suspension of the development order by the local government.

25  If no additional development pursuant to the development order

26  has occurred since the submission of the previous report, a

27  letter from the developer stating that no development has

28  occurred satisfies the requirement for a report. Development

29  orders that require annual reports may be amended to require

30  biennial reports at the option of the local government.

31         (19)  SUBSTANTIAL DEVIATIONS.--

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  1         (a)  Any proposed change to a previously approved

  2  development which creates a reasonable likelihood of

  3  additional regional impact, or any type of regional impact

  4  created by the change not previously reviewed by the regional

  5  planning agency, shall constitute a substantial deviation and

  6  shall cause the development to be subject to further

  7  development-of-regional-impact review. There are a variety of

  8  reasons why a developer may wish to propose changes to an

  9  approved development of regional impact, including changed

10  market conditions.  The procedures set forth in this

11  subsection are for that purpose.

12         (b)  Any proposed change to a previously approved

13  development of regional impact or development order condition

14  which, either individually or cumulatively with other changes,

15  exceeds any of the following criteria shall constitute a

16  substantial deviation and shall cause the development to be

17  subject to further development-of-regional-impact review

18  without the necessity for a finding of same by the local

19  government:

20         1.  An increase in the number of parking spaces at an

21  attraction or recreational facility by 5 percent or 300

22  spaces, whichever is greater, or an increase in the number of

23  spectators that may be accommodated at such a facility by 5

24  percent or 1,000 spectators, whichever is greater.

25         2.  A new runway, a new terminal facility, a 25-percent

26  lengthening of an existing runway, or a 25-percent increase in

27  the number of gates of an existing terminal, but only if the

28  increase adds at least three additional gates.  However, if an

29  airport is located in two counties, a 10-percent lengthening

30  of an existing runway or a 20-percent increase in the number

31  of gates of an existing terminal is the applicable criteria.

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  1         3.  An increase in the number of hospital beds by 5

  2  percent or 60 beds, whichever is greater.

  3         4.  An increase in industrial development area by 5

  4  percent or 32 acres, whichever is greater.

  5         5.  An increase in the average annual acreage mined by

  6  5 percent or 10 acres, whichever is greater, or an increase in

  7  the average daily water consumption by a mining operation by 5

  8  percent or 300,000 gallons, whichever is greater.  An increase

  9  in the size of the mine by 5 percent or 750 acres, whichever

10  is less.

11         6.  An increase in land area for office development by

12  5 percent or 6 acres, whichever is greater, or an increase of

13  gross floor area of office development by 5 percent or 60,000

14  gross square feet, whichever is greater.

15         7.  An increase in the storage capacity for chemical or

16  petroleum storage facilities by 5 percent, 20,000 barrels, or

17  7 million pounds, whichever is greater.

18         8.  An increase of development at a waterport of wet

19  storage for 20 watercraft, dry storage for 30 watercraft, or

20  wet/dry storage for 60 watercraft in an area identified in the

21  state marina siting plan as an appropriate site for additional

22  waterport development or a 5-percent increase in watercraft

23  storage capacity, whichever is greater.

24         9.  An increase in the number of dwelling units by 5

25  percent or 50 dwelling units, whichever is greater.

26         10.  An increase in commercial development by 6 acres

27  of land area or by 50,000 square feet of gross floor area, or

28  of parking spaces provided for customers for 300 cars or a

29  5-percent increase of either any of these, whichever is

30  greater.

31

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  1         11.  An increase in hotel or motel facility units by 5

  2  percent or 75 units, whichever is greater.

  3         12.  An increase in a recreational vehicle park area by

  4  5 percent or 100 vehicle spaces, whichever is less.

  5         13.  A decrease in the area set aside for open space of

  6  5 percent or 20 acres, whichever is less.

  7         14.  A proposed increase to an approved multiuse

  8  development of regional impact where the sum of the increases

  9  of each land use as a percentage of the applicable substantial

10  deviation criteria is equal to or exceeds 100 percent. The

11  percentage of any decrease in the amount of open space shall

12  be treated as an increase for purposes of determining when 100

13  percent has been reached or exceeded.

14         15.  A 15-percent increase in the number of external

15  vehicle trips generated by the development above that which

16  was projected during the original

17  development-of-regional-impact review.

18         16.  Any change which would result in development of

19  any area which was specifically set aside in the application

20  for development approval or in the development order for

21  preservation or special protection of endangered or threatened

22  plants or animals designated as endangered, threatened, or

23  species of special concern and their habitat, primary dunes,

24  or archaeological and historical sites designated as

25  significant by the Division of Historical Resources of the

26  Department of State.  The further refinement of such areas by

27  survey shall be considered under sub-subparagraph (e)5.b.

28

29  The substantial deviation numerical standards in subparagraphs

30  4., 6., 10., 14., excluding residential uses, and 15., are

31  increased by 100 percent for a project certified under s.

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  1  403.973 which creates jobs and meets criteria established by

  2  the Office of Tourism, Trade, and Economic Development as to

  3  its impact on an area's economy, employment, and prevailing

  4  wage and skill levels. The substantial deviation numerical

  5  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

  6  increased by 50 percent for a project located wholly within an

  7  urban infill and redevelopment area designated on the

  8  applicable adopted local comprehensive plan future land use

  9  map and not located within the coastal high hazard area.

10         (c)  An extension of the date of buildout of a

11  development, or any phase thereof, by 7 or more years shall be

12  presumed to create a substantial deviation subject to further

13  development-of-regional-impact review.  An extension of the

14  date of buildout, or any phase thereof, of 5 years or more but

15  less than 7 years shall be presumed not to create a

16  substantial deviation. These presumptions may be rebutted by

17  clear and convincing evidence at the public hearing held by

18  the local government.  An extension of less than 5 years is

19  not a substantial deviation. For the purpose of calculating

20  when a buildout, phase, or termination date has been exceeded,

21  the time shall be tolled during the pendency of administrative

22  or judicial proceedings relating to development permits.  Any

23  extension of the buildout date of a project or a phase thereof

24  shall automatically extend the commencement date of the

25  project, the termination date of the development order, the

26  expiration date of the development of regional impact, and the

27  phases thereof by a like period of time.

28         (d)  A change in the plan of development of an approved

29  development of regional impact resulting from requirements

30  imposed by the Department of Environmental Protection or any

31  water management district created by s. 373.069 or any of

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  1  their successor agencies or by any appropriate federal

  2  regulatory agency shall be submitted to the local government

  3  pursuant to this subsection. The change shall be presumed not

  4  to create a substantial deviation subject to further

  5  development-of-regional-impact review. The presumption may be

  6  rebutted by clear and convincing evidence at the public

  7  hearing held by the local government.

  8         (e)1.  A proposed change which, either individually or,

  9  if there were previous changes, cumulatively with those

10  changes, is equal to or exceeds 40 percent of any numerical

11  criterion in subparagraphs (b)1.-15., but which does not

12  exceed such criterion, shall be presumed not to create a

13  substantial deviation subject to further

14  development-of-regional-impact review.  The presumption may be

15  rebutted by clear and convincing evidence at the public

16  hearing held by the local government pursuant to subparagraph

17  (f)5.

18         1.2.  Except for a development order rendered pursuant

19  to subsection (22) or subsection (25), a proposed change to a

20  development order that individually or cumulatively with any

21  previous change is less than 40 percent of any numerical

22  criterion contained in subparagraphs (b)1.-14. (b)1.-15. and

23  does not exceed any other criterion, or that involves an

24  extension of the buildout date of a development, or any phase

25  thereof, of less than 5 years is not a substantial deviation,

26  is not subject to the public hearing requirements of

27  subparagraph (f)3., and is not subject to a determination

28  pursuant to subparagraph (f)5.  Notice of the proposed change

29  shall be made to the regional planning council and the state

30  land planning agency. Such notice shall include a description

31  of previous individual changes made to the development,

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  1  including changes previously approved by the local government,

  2  and shall include appropriate amendments to the development

  3  order.

  4         2.  The following changes, individually or cumulatively

  5  with any previous changes, are not substantial deviations:

  6         a.  Changes in the name of the project, developer,

  7  owner, or monitoring official.

  8         b.  Changes to a setback that do not affect noise

  9  buffers, environmental protection or mitigation areas, or

10  archaeological or historical resources.

11         c.  Changes to minimum lot sizes.

12         d.  Changes in the configuration of internal roads that

13  do not affect external access points.

14         e.  Changes to the building design or orientation that

15  stay approximately within the approved area designated for

16  such building and parking lot, and which do not affect

17  historical buildings designated as significant by the Division

18  of Historical Resources of the Department of State.

19         f.  Changes to increase the acreage in the development,

20  provided that no development is proposed on the acreage to be

21  added.

22         g.  Changes to eliminate an approved land use, provided

23  that there are no additional regional impacts.

24         h.  Changes required to conform to permits approved by

25  any federal, state, or regional permitting agency, provided

26  that these changes do not create additional regional impacts.

27         i.  Any other change which the state land planning

28  agency agrees in writing is similar in nature, impact, or

29  character to the changes enumerated in sub-subparagraphs a.-h.

30  and which does not create the likelihood of any additional

31  regional impact.

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  1

  2  This subsection does not require a development order amendment

  3  for any change listed in sub-subparagraphs a.-i. unless such

  4  issue is addressed either in the existing development order or

  5  in the application for development approval, but, in the case

  6  of the application, only if, and in the manner in which, the

  7  application is incorporated in the development order.

  8         3.  Except for the change authorized by

  9  sub-subparagraph 2.f., any addition of land not previously

10  reviewed or any change not specified in paragraph (b) or

11  paragraph (c) shall be presumed to create a substantial

12  deviation.  This presumption may be rebutted by clear and

13  convincing evidence.

14         4.  Any submittal of a proposed change to a previously

15  approved development shall include a description of individual

16  changes previously made to the development, including changes

17  previously approved by the local government.  The local

18  government shall consider the previous and current proposed

19  changes in deciding whether such changes cumulatively

20  constitute a substantial deviation requiring further

21  development-of-regional-impact review.

22         5.  The following changes to an approved development of

23  regional impact shall be presumed to create a substantial

24  deviation.  Such presumption may be rebutted by clear and

25  convincing evidence.

26         a.  A change proposed for 15 percent or more of the

27  acreage to a land use not previously approved in the

28  development order.  Changes of less than 15 percent shall be

29  presumed not to create a substantial deviation.

30         b.  Except for the types of uses listed in subparagraph

31  (b)16., any change which would result in the development of

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  1  any area which was specifically set aside in the application

  2  for development approval or in the development order for

  3  preservation, buffers, or special protection, including

  4  habitat for plant and animal species, archaeological and

  5  historical sites, dunes, and other special areas.

  6         c.  Notwithstanding any provision of paragraph (b) to

  7  the contrary, a proposed change consisting of simultaneous

  8  increases and decreases of at least two of the uses within an

  9  authorized multiuse development of regional impact which was

10  originally approved with three or more uses specified in s.

11  380.0651(3)(c), (d), (f), and (g) and residential use.

12         (f)1.  The state land planning agency shall establish

13  by rule standard forms for submittal of proposed changes to a

14  previously approved development of regional impact which may

15  require further development-of-regional-impact review.  At a

16  minimum, the standard form shall require the developer to

17  provide the precise language that the developer proposes to

18  delete or add as an amendment to the development order.

19         2.  The developer shall submit, simultaneously, to the

20  local government, the regional planning agency, and the state

21  land planning agency the request for approval of a proposed

22  change.

23         3.  No sooner than 30 days but no later than 45 days

24  after submittal by the developer to the local government, the

25  state land planning agency, and the appropriate regional

26  planning agency, the local government shall give 15 days'

27  notice and schedule a public hearing to consider the change

28  that the developer asserts does not create a substantial

29  deviation. This public hearing shall be held within 90 days

30  after submittal of the proposed changes, unless that time is

31  extended by the developer.

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  1         4.  The appropriate regional planning agency or the

  2  state land planning agency shall review the proposed change

  3  and, no later than 45 days after submittal by the developer of

  4  the proposed change, unless that time is extended by the

  5  developer, and prior to the public hearing at which the

  6  proposed change is to be considered, shall advise the local

  7  government in writing whether it objects to the proposed

  8  change, shall specify the reasons for its objection, if any,

  9  and shall provide a copy to the developer.  A change which is

10  subject to the substantial deviation criteria specified in

11  sub-subparagraph (e)5.c. shall not be subject to this

12  requirement.

13         5.  At the public hearing, the local government shall

14  determine whether the proposed change requires further

15  development-of-regional-impact review.  The provisions of

16  paragraphs (a) and (e), the thresholds set forth in paragraph

17  (b), and the presumptions set forth in paragraphs (c) and (d)

18  and subparagraph (e)3. subparagraphs (e)1. and 3. shall be

19  applicable in determining whether further

20  development-of-regional-impact review is required.

21         6.  If the local government determines that the

22  proposed change does not require further

23  development-of-regional-impact review and is otherwise

24  approved, or if the proposed change is not subject to a

25  hearing and determination pursuant to subparagraphs 3. and 5.

26  and is otherwise approved, the local government shall issue an

27  amendment to the development order incorporating the approved

28  change and conditions of approval relating to the change. The

29  decision of the local government to approve, with or without

30  conditions, or to deny the proposed change that the developer

31  asserts does not require further review shall be subject to

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  1  the appeal provisions of s. 380.07. However, the state land

  2  planning agency may not appeal the local government decision

  3  if it did not comply with subparagraph 4.  The state land

  4  planning agency may not appeal a change to a development order

  5  made pursuant to subparagraph (e)2. for developments of

  6  regional impact approved after January 1, 1980, unless the

  7  change would result in a significant impact to a regionally

  8  significant archaeological, historical, or natural resource

  9  not previously identified in the original

10  development-of-regional-impact review.

11         (g)  If a proposed change requires further

12  development-of-regional-impact review pursuant to this

13  section, the review shall be conducted subject to the

14  following additional conditions:

15         1.  The development-of-regional-impact review conducted

16  by the appropriate regional planning agency shall address only

17  those issues raised by the proposed change except as provided

18  in subparagraph 2.

19         2.  The regional planning agency shall consider, and

20  the local government shall determine whether to approve,

21  approve with conditions, or deny the proposed change as it

22  relates to the entire development.  If the local government

23  determines that the proposed change, as it relates to the

24  entire development, is unacceptable, the local government

25  shall deny the change.

26         3.  If the local government determines that the

27  proposed change, as it relates to the entire development,

28  should be approved, any new conditions in the amendment to the

29  development order issued by the local government shall address

30  only those issues raised by the proposed change.

31

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  1         4.  Development within the previously approved

  2  development of regional impact may continue, as approved,

  3  during the development-of-regional-impact review in those

  4  portions of the development which are not affected by the

  5  proposed change.

  6         (h)  When further development-of-regional-impact review

  7  is required because a substantial deviation has been

  8  determined or admitted by the developer, the amendment to the

  9  development order issued by the local government shall be

10  consistent with the requirements of subsection (15) and shall

11  be subject to the hearing and appeal provisions of s. 380.07.

12  The state land planning agency or the appropriate regional

13  planning agency need not participate at the local hearing in

14  order to appeal a local government development order issued

15  pursuant to this paragraph.

16         Section 29.  Paragraphs (d) and (f) of subsection (3)

17  of section 380.0651, Florida Statutes, are amended to read:

18         380.0651  Statewide guidelines and standards.--

19         (3)  The following statewide guidelines and standards

20  shall be applied in the manner described in s. 380.06(2) to

21  determine whether the following developments shall be required

22  to undergo development-of-regional-impact review:

23         (d)  Office development.--Any proposed office building

24  or park operated under common ownership, development plan, or

25  management that:

26         1.  Encompasses 300,000 or more square feet of gross

27  floor area; or

28         2.  Has a total site size of 30 or more acres; or

29         2.3.  Encompasses more than 600,000 square feet of

30  gross floor area in a county with a population greater than

31  500,000 and only in a geographic area specifically designated

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  1  as highly suitable for increased threshold intensity in the

  2  approved local comprehensive plan and in the strategic

  3  regional policy plan.

  4         (f)  Retail and service development.--Any proposed

  5  retail, service, or wholesale business establishment or group

  6  of establishments which deals primarily with the general

  7  public onsite, operated under one common property ownership,

  8  development plan, or management that:

  9         1.  Encompasses more than 400,000 square feet of gross

10  area; or

11         2.  Occupies more than 40 acres of land; or

12         2.3.  Provides parking spaces for more than 2,500 cars.

13         Section 30.  Requirement of interlocal service

14  provision agreements.--

15         (1)  By January 1, 2005, counties having a population

16  over 100,000 shall negotiate and adopt a service-delivery

17  interlocal agreement with all of the municipalities within the

18  county, with those special districts providing a service

19  listed in paragraph (a), and with the school district which:

20         (a)  Identifies the current providers of the following

21  services; education, sanitary sewer, public safety, solid

22  waste, drainage, potable water, parks and recreation, and

23  transportation facilities.

24         (b)  Describes the existing organization of such

25  services and the means of financing such services and

26  designates the entities that will provide the services over

27  the next 20 years, including any anticipated changes caused by

28  annexation.

29         (c)  Identifies any deficits in the provision of

30  services and prescribes a 5-year capital outlay plan for the

31  provision of deficit infrastructure.

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  1         (d)  Identifies opportunities for the joint financing

  2  of capital outlay projects.

  3         (e)  Identifies any areas that the municipalities plan

  4  to annex within the next 5 years and establishes a plan for

  5  service delivery within the areas to be annexed or a process

  6  for resolving service-delivery issues associated with

  7  annexation.

  8         (f)  Provides specific procedures for amending the

  9  interlocal agreement.

10         (2)  Each county and municipality shall submit a copy

11  of its interlocal agreement to the Department of Community

12  Affairs by February 15, 2005.

13         (3)  The regional planning councils may provide

14  technical assistance and dispute-resolution services to assist

15  local governments in complying with this section.

16         Section 31.  The sum of $500,000 is appropriated from

17  the General Revenue Fund to the Department of Community

18  Affairs for the purpose of funding the Urban Infill and

19  Redevelopment Assistance Grant Program established under

20  section 163.2523, Florida Statutes, during the 2001-2002

21  fiscal year.

22         Section 32.  The Legislature finds that the integration

23  of the growth-management system and the planning of public

24  educational facilities is a matter of great public importance.

25         Section 33.  Except as otherwise expressly provided in

26  this act, this act shall take effect upon becoming a law.

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         CS/SB 310 & 380

  3

  4  This committee substitute deletes from the bill provisions
    relating to:
  5
    1)    the Rural Stewardship Areas and Sustainable Rural
  6        Communities Demonstration Program

  7  2)    Enhanced citizen notice

  8  3)    Judicial Review of Development Orders

  9  4)    Livable Communities Program

10  5)    Statement of compelling state interests

11  6)    Fiscal Impact Model Pilot Projects, and

12  7)    State Agency changes to the State comprehensive Plan.

13  Additions to the bill are an independent audit of school
    construction and planning, imposition of the Local Government
14  Infrastructure Sales Surtax and the School Capital Outlay
    Surtax by Supermajority Vote, authorization for a certain
15  municipality to levy the Local Government Infrastructure Sales
    Surtax by referendum, and a requirement that local governments
16  deny applications for rezonings and comprehensive plan
    amendments that increase density unless the developer denters
17  into a proportionate-share mitigation agreement only if the
    school board has levied the School Capital Outlay Surtax or
18  raised an equivalent amount of revenue from a broad-based
    source.
19

20

21

22

23

24

25

26

27

28

29

30

31

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