Senate Bill sb0310c3
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Florida Senate - 2001 CS for CS for CS for SB's 310 & 380
By the Committees on Appropriations; Finance and Taxation;
Comprehensive Planning, Local and Military Affairs; and
Senators Constantine and Carlton
309-1972-01
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 providing for an exemption for certain urban
2 infill areas; amending s. 163.3180, F.S.;
3 revising provisions relating to concurrency;
4 amending s. 163.3184, F.S.; revising
5 definitions; revising provisions governing the
6 process for adopting comprehensive plans and
7 plan amendments; amending s. 163.3187, F.S.;
8 authorizing the adoption of a public
9 educational facilities element notwithstanding
10 certain limitations; amending s. 163.3191,
11 F.S., relating to evaluation and appraisal of
12 comprehensive plans; conforming provisions to
13 changes made by the act; creating s. 163.3198,
14 F.S.; requiring the state land planning agency
15 to develop a uniform fiscal-impact-analysis
16 model for evaluating the cost of infrastructure
17 to support development; providing for
18 appointment of a technical advisory committee
19 to advise the agency; requiring a report to the
20 Governor and the Legislature; providing an
21 appropriation; amending s. 186.504, F.S.;
22 adding an elected school board member to the
23 membership of each regional planning council;
24 amending s. 212.055, F.S.; providing for the
25 levy of the local government infrastructure
26 surtax and school capital outlay surtax by a
27 supermajority vote; amending s. 235.002, F.S.;
28 revising legislative intent with respect to
29 building educational facilities; amending s.
30 235.15, F.S.; revising requirements for
31 educational plant surveys; revising
2
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1 requirements for review and validation of such
2 surveys; amending s. 235.175, F.S.; requiring
3 school districts to adopt education facilities
4 plans; amending s. 235.18, F.S., relating to
5 capital outlay budgets of school boards;
6 conforming provisions to changes made by the
7 act; amending s. 235.185, F.S.; requiring
8 school district educational facilities plans;
9 providing definitions; specifying projections
10 and other information to be included in the
11 plan; providing requirements for the work
12 program; requiring district school boards to
13 submit a tentative plan to the local
14 government; providing for adopting and
15 executing the plan; amending s. 235.188, F.S.;
16 providing bonding requirements; amending s.
17 235.19, F.S.; exempting certain school boards
18 and local governments from requirements for
19 site planning; revising requirements for school
20 boards; amending s. 235.193, F.S.; requiring
21 interlocal agreements with respect to public
22 educational facilities elements and plans;
23 providing that failure to enter into such
24 agreements will result in the withholding of
25 certain funds for school construction;
26 providing requirements for preparing a district
27 education facilities work plan; repealing s.
28 235.194, F.S., relating to the general
29 educational facilities report; amending s.
30 235.218, F.S.; requiring the SMART Schools
31 Clearinghouse to adopt measures for evaluating
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1 the school district educational facilities
2 plans; amending s. 235.231, F.S.; providing for
3 the school board to authorize certain change
4 orders for its district education facilities
5 plan; amending s. 236.25, F.S., relating to the
6 district school tax; conforming provisions to
7 changes made by the act; allowing a school
8 district to levy by referendum additional
9 millage for school operational purposes;
10 amending s. 236.31, F.S.; authorizing school
11 boards to direct the county commission to call
12 an election for approval of an ad valorem tax
13 millage; amending s. 236.32, F.S.;
14 substantially rewording the section and
15 providing procedures for holding and conducting
16 school district millage elections; amending s.
17 380.06, F.S.; revising provisions governing
18 developments of regional impact; providing for
19 designation of a lead regional planning
20 council; exempting certain marinas from
21 Development of Regional Impact review; amending
22 s. 380.0651, F.S.; revising standards for
23 determining the necessity for a
24 development-of-regional-impact review;
25 requiring specified counties to adopt a
26 service-delivery interlocal agreement with all
27 municipalities and the school district and
28 prescribing requirements for such agreements;
29 providing an appropriation; providing a
30 legislative finding that the act is a matter of
31 great public importance; providing that the act
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1 does not abridge or modify certain rights,
2 duties, or obligations pursuant to development
3 orders or agreements; directing the Legislative
4 Committee on Intergovernmental Relations to
5 conduct a study of the bonding capacity of
6 local governments and school boards; imposing
7 prerequisites on the ability of certain
8 multi-county airport authorities to amend their
9 development-of-regional-impact development
10 orders or commence development under such
11 development orders; providing effective dates.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (1) of section 163.3174, Florida
16 Statutes, is amended to read:
17 163.3174 Local planning agency.--
18 (1) The governing body of each local government,
19 individually or in combination as provided in s. 163.3171,
20 shall designate and by ordinance establish a "local planning
21 agency," unless the agency is otherwise established by law.
22 All local planning agencies or equivalent agencies that first
23 review rezoning and comprehensive plan amendments in each
24 municipality and county shall include a representative of the
25 school district appointed by the school board as a nonvoting
26 member of the local planning agency or equivalent agency to
27 attend those meetings at which the agency considers
28 comprehensive plan amendments and rezonings that would, if
29 approved, increase residential density on the property that is
30 the subject of the application, provided that nothing
31 contained in this subsection shall prevent a local agency from
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1 granting voting status to the school board member. The
2 governing body may designate itself as the local planning
3 agency pursuant to this subsection with the addition of a
4 nonvoting school board representative. The governing body
5 shall notify the state land planning agency of the
6 establishment of its local planning agency. All local planning
7 agencies shall provide opportunities for involvement by
8 district school boards and applicable community college
9 boards, which may be accomplished by formal representation,
10 membership on technical advisory committees, or other
11 appropriate means. The local planning agency shall prepare the
12 comprehensive plan or plan amendment after hearings to be held
13 after public notice and shall make recommendations to the
14 governing body regarding the adoption or amendment of the
15 plan. The agency may be a local planning commission, the
16 planning department of the local government, or other
17 instrumentality, including a countywide planning entity
18 established by special act or a council of local government
19 officials created pursuant to s. 163.02, provided the
20 composition of the council is fairly representative of all the
21 governing bodies in the county or planning area; however:
22 (a) If a joint planning entity is in existence on the
23 effective date of this act which authorizes the governing
24 bodies to adopt and enforce a land use plan effective
25 throughout the joint planning area, that entity shall be the
26 agency for those local governments until such time as the
27 authority of the joint planning entity is modified by law.
28 (b) In the case of chartered counties, the planning
29 responsibility between the county and the several
30 municipalities therein shall be as stipulated in the charter.
31
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1 Section 2. Paragraph (a) of subsection (4), paragraphs
2 (a), (c), and (h) of subsection (6) of section 163.3177,
3 Florida Statutes, are amended to read:
4 163.3177 Required and optional elements of
5 comprehensive plan; studies and surveys.--
6 (4)(a) Coordination of the local comprehensive plan
7 with the comprehensive plans of adjacent municipalities, the
8 county, adjacent counties, or the region; with the appropriate
9 water management district's regional water supply plans
10 adopted pursuant to s. 373.0361, or successor plans required
11 by legislative directive; with adopted rules pertaining to
12 designated areas of critical state concern; and with the state
13 comprehensive plan shall be a major objective of the local
14 comprehensive planning process. To that end, in the
15 preparation of a comprehensive plan or element thereof, and in
16 the comprehensive plan or element as adopted, the governing
17 body shall include a specific policy statement indicating the
18 relationship of the proposed development of the area to the
19 comprehensive plans of adjacent municipalities, the county,
20 adjacent counties, or the region and to the state
21 comprehensive plan, as the case may require and as such
22 adopted plans or plans in preparation may exist.
23 (6) In addition to the requirements of subsections
24 (1)-(5), the comprehensive plan shall include the following
25 elements:
26 (a) A future land use plan element designating
27 proposed future general distribution, location, and extent of
28 the uses of land for residential uses, commercial uses,
29 industry, agriculture, recreation, conservation, education,
30 public buildings and grounds, other public facilities, and
31 other categories of the public and private uses of land. The
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1 future land use plan shall include standards to be followed in
2 the control and distribution of population densities and
3 building and structure intensities. The proposed
4 distribution, location, and extent of the various categories
5 of land use shall be shown on a land use map or map series
6 which shall be supplemented by goals, policies, and measurable
7 objectives. Each land use category shall be defined in terms
8 of the types of uses included and specific standards for the
9 density or intensity of use. The future land use plan shall
10 be based upon surveys, studies, and data regarding the area,
11 including the amount of land required to accommodate
12 anticipated growth; the projected population of the area; the
13 character of undeveloped land; the availability of ground
14 water and surface water resources for present and future water
15 supplies and the potential for development of alternative
16 water supplies; the availability of public services; the need
17 for redevelopment, including the renewal of blighted areas and
18 the elimination of nonconforming uses which are inconsistent
19 with the character of the community; and, in rural
20 communities, the need for job creation, capital investment,
21 and economic development that will strengthen and diversify
22 the community's economy. The future land use plan may
23 designate areas for future planned development use involving
24 combinations of types of uses for which special regulations
25 may be necessary to ensure development in accord with the
26 principles and standards of the comprehensive plan and this
27 act. In addition, for rural communities, the amount of land
28 designated for future planned industrial use shall be based
29 upon surveys and studies that reflect the need for job
30 creation, capital investment, and the necessity to strengthen
31 and diversify the local economies, and shall not be limited
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1 solely by the projected population of the rural community. The
2 future land use plan of a county may also designate areas for
3 possible future municipal incorporation. The land use maps or
4 map series shall generally identify and depict historic
5 district boundaries and shall designate historically
6 significant properties meriting protection. The future land
7 use element must clearly identify the land use categories in
8 which public schools are an allowable use. When delineating
9 the land use categories in which public schools are an
10 allowable use, a local government shall include in the
11 categories sufficient land proximate to residential
12 development to meet the projected needs for schools in
13 coordination with public school boards and may establish
14 differing criteria for schools of different type or size.
15 Each local government shall include lands contiguous to
16 existing school sites, to the maximum extent possible, within
17 the land use categories in which public schools are an
18 allowable use. All comprehensive plans must comply with the
19 school siting requirements of this paragraph no later than
20 October 1, 1999. The failure by a local government to comply
21 with these school siting requirements by October 1, 1999, will
22 result in the prohibition of the local government's ability to
23 amend the local comprehensive plan, except for plan amendments
24 described in s. 163.3187(1)(b), until the school siting
25 requirements are met. Amendments An amendment proposed by a
26 local government for purposes of identifying the land use
27 categories in which public schools are an allowable use or for
28 adopting or amending the school-siting maps pursuant to s.
29 163.31776(6) are is exempt from the limitation on the
30 frequency of plan amendments contained in s. 163.3187. The
31 future land use element shall include criteria that which
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1 encourage the location of schools proximate to urban
2 residential areas to the extent possible and shall require
3 that the local government seek to collocate public facilities,
4 such as parks, libraries, and community centers, with schools
5 to the extent possible and to encourage the use of elementary
6 schools as focal points for neighborhoods.
7 (c) A general sanitary sewer, solid waste, drainage,
8 potable water, and natural groundwater aquifer recharge
9 element correlated to principles and guidelines for future
10 land use, indicating ways to provide for future potable water,
11 drainage, sanitary sewer, solid waste, and aquifer recharge
12 protection requirements for the area. The element may be a
13 detailed engineering plan including a topographic map
14 depicting areas of prime groundwater recharge. The element
15 shall describe the problems and needs and the general
16 facilities that will be required for solution of the problems
17 and needs. The element shall also include a topographic map
18 depicting any areas adopted by a regional water management
19 district as prime groundwater recharge areas for the Floridan
20 or Biscayne aquifers, pursuant to s. 373.0395. These areas
21 shall be given special consideration when the local government
22 is engaged in zoning or considering future land use for said
23 designated areas. For areas served by septic tanks, soil
24 surveys shall be provided which indicate the suitability of
25 soils for septic tanks. By October 1, 2002, the element shall
26 also include data and analysis, including, but not limited to,
27 the appropriate water management district's regional water
28 supply plan adopted pursuant to s. 373.0361, which evaluates
29 the availability of potable water compared to population
30 growth projected by the local government comprehensive plan.
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1 (h)1. An intergovernmental coordination element
2 showing relationships and stating principles and guidelines to
3 be used in the accomplishment of coordination of the adopted
4 comprehensive plan with the plans of school boards and other
5 units of local government providing services but not having
6 regulatory authority over the use of land, with the
7 comprehensive plans of adjacent municipalities, the county,
8 adjacent counties, or the region, and with the state
9 comprehensive plan, as the case may require and as such
10 adopted plans or plans in preparation may exist. This element
11 of the local comprehensive plan shall demonstrate
12 consideration of the particular effects of the local plan,
13 when adopted, upon the development of adjacent municipalities,
14 the county, adjacent counties, or the region, or upon the
15 state comprehensive plan, as the case may require.
16 a. The intergovernmental coordination element shall
17 provide for procedures to identify and implement joint
18 planning areas, especially for the purpose of annexation,
19 municipal incorporation, and joint infrastructure service
20 areas.
21 b. The intergovernmental coordination element shall
22 provide for recognition of campus master plans prepared
23 pursuant to s. 240.155.
24 c. The intergovernmental coordination element may
25 provide for a voluntary dispute resolution process as
26 established pursuant to s. 186.509 for bringing to closure in
27 a timely manner intergovernmental disputes. A local
28 government may develop and use an alternative local dispute
29 resolution process for this purpose.
30 2. The intergovernmental coordination element shall
31 further state principles and guidelines to be used in the
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1 accomplishment of coordination of the adopted comprehensive
2 plan with the plans of school boards and other units of local
3 government providing facilities and services but not having
4 regulatory authority over the use of land. In addition, the
5 intergovernmental coordination element shall describe joint
6 processes for collaborative planning and decisionmaking on
7 population projections and public school siting, the location
8 and extension of public facilities subject to concurrency, and
9 siting facilities with countywide significance, including
10 locally unwanted land uses whose nature and identity are
11 established in an agreement. Within 1 year of adopting their
12 intergovernmental coordination elements, each county, all the
13 municipalities within that county, the district school board,
14 and any unit of local government service providers in that
15 county shall establish by interlocal or other formal agreement
16 executed by all affected entities, the joint processes
17 described in this subparagraph consistent with their adopted
18 intergovernmental coordination elements.
19 3. To foster coordination between special districts
20 and local general-purpose governments as local general-purpose
21 governments implement local comprehensive plans, each
22 independent special district must submit a public facilities
23 report to the appropriate local government as required by s.
24 189.415.
25 4. The state land planning agency shall establish a
26 schedule for phased completion and transmittal of plan
27 amendments to implement subparagraphs 1., 2., and 3. from all
28 jurisdictions so as to accomplish their adoption by December
29 31, 1999. A local government may complete and transmit its
30 plan amendments to carry out these provisions prior to the
31 scheduled date established by the state land planning agency.
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1 The plan amendments are exempt from the provisions of s.
2 163.3187(1).
3 5. Intergovernmental coordination between local
4 governments and the district school board shall be governed by
5 ss. 163.31776 and 163.31777 for those local governments
6 adopting a public educational facilities element pursuant to
7 s. 163.31776.
8 Section 3. Section 163.31776, Florida Statutes, is
9 created to read:
10 163.31776 Public educational facilities element.--
11 (1) The intent of the Legislature is to establish a
12 systematic process for school boards and local governments to:
13 (a) Share information concerning the growth and
14 development trends in their communities in order to forecast
15 future enrollment and school needs;
16 (b) Cooperatively plan for the provision of
17 educational facilities to meet the current and projected needs
18 of the public education system population, including the needs
19 placed on the public education system as a result of growth
20 and development decisions by local government; and
21 (c) Cooperatively identify and meet the infrastructure
22 needs of public schools to assure healthy school environments
23 and safe school access.
24 (2) The Legislature finds that:
25 (a) Public schools are a linchpin to the vitality of
26 our communities and play a significant role in thousands of
27 individual housing decisions that result in community growth
28 trends.
29 (b) Growth and development issues transcend the
30 boundaries and responsibilities of individual units of
31 government, and often no single unit of government can plan or
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1 implement policies to deal with these issues without affecting
2 other units of government.
3 (3)(a) By January 1, 2003, local governments must
4 transmit to the state land planning agency a public
5 educational facilities element, adopted in cooperation with
6 the applicable school district, if the local government is
7 located in a county that:
8 1. Has a population of 900,000 or more based on the
9 2000 United States Census;
10 2. Has a population equal to or more than 100,000 and
11 fewer than 900,000 based on the 2000 United States Census, and
12 the county has increased in population by 20 percent or more
13 between the 1990 and 2000 United States Censuses; or
14 3. Has a population of fewer than 100,000 and the
15 county population has increased by 35 percent or more between
16 the 1990 and 2000 United States Censuses and the projected
17 5-year student growth is 1,000 students or greater.
18 a. The Department of Education shall issue a report
19 notifying the state land planning agency and each county and
20 school district that meets the criteria in this subparagraph
21 on June 1 of each year.
22 b. Local governments must comply with the requirements
23 of this section within 18 months after such notification.
24
25 By January 1, 2007, remaining local governments who have not
26 met the threshold defined in this paragraph shall adopt, in
27 cooperation with the applicable school district, a limited
28 public educational facilities element. The state land planning
29 agency shall by rule specify the contents of the limited
30 public educational facilities element.
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1 (b) Each municipality shall adopt its own element or
2 accept by resolution or ordinance the public educational
3 facilities element adopted by the county which includes the
4 municipality's area of authority as defined in s. 163.3171.
5 However, a municipality is exempt from this requirement if it
6 meets all the following criteria:
7 1. The municipality has issued development orders for
8 fewer than 50 residential dwelling units during the last 5
9 years or it has generated fewer than 25 additional public
10 school students during the last 5 years;
11 2. The municipality has not annexed new land during
12 the last 5 years in land use categories that permit
13 residential uses that may affect school attendance rates;
14 3. The municipality has no public schools located
15 within its boundaries;
16 4. At least 80 percent of the developable land within
17 the boundaries of the municipality has been built upon; and
18 5. The municipality has not adopted a land use
19 amendment that increases residential density for more than 50
20 residential units.
21
22 Any municipality that is exempt shall notify the county and
23 the school board of any planned annexation into residential or
24 proposed residential areas or other change in condition and
25 must comply with this subsection within 1 year following a
26 change in conditions that renders the municipality no longer
27 eligible for exemption or following the identification of a
28 proposed public school in the school board's 5-year district
29 facilities work program in the municipality's jurisdiction.
30 (4) No later than 6 months prior to the deadline for
31 transmittal of a public educational facilities element, the
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1 county, the non-exempt municipalities, and the school board
2 shall enter into an interlocal agreement that establishes a
3 process for developing coordinated and consistent local
4 government public educational facilities elements and a
5 district educational facilities plan, including a process:
6 (a) By which each local government and the school
7 district agree and base the local government comprehensive
8 plan and educational facilities plan on uniform projections of
9 the amount, type, and distribution of population growth and
10 student enrollment;
11 (b) To coordinate and share information relating to
12 existing and planned public school facilities and local
13 government plans for development and redevelopment;
14 (c) To ensure that school siting decisions by the
15 school board are consistent with the local comprehensive plan,
16 including appropriate circumstances and criteria under which a
17 school district may request an amendment to the comprehensive
18 plan for school siting and for early involvement by the local
19 government as the school board identifies potential school
20 sites;
21 (d) To coordinate and provide timely formal comments
22 during the development, adoption, and amendment of each local
23 government's public educational facilities element and the
24 educational facilities plan of the school district to ensure a
25 uniform countywide school facility planning system;
26 (e) For school district participation in the review of
27 comprehensive plan amendments and rezonings that increase
28 residential density and that are reasonably expected to have
29 an impact on public school facility demand pursuant to s.
30 163.31777. The interlocal agreement must specify how the
31 school board and local governments will develop the
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1 methodology and criteria for determining whether school
2 facility capacity will be readily available at the time of
3 projected school impacts, and must specify uniform,
4 districtwide level-of-service standards for all public schools
5 of the same type and availability standards for public
6 schools. The interlocal agreement must ensure that consistent
7 criteria and capacity-determination methodologies including
8 student generation multipliers are adopted into the school
9 board's district educational facilities plan and the local
10 government's public educational facilities element. The
11 interlocal agreement must also set forth the process and
12 uniform methodology for determining proportionate-share
13 mitigation pursuant to s. 163.31777; and
14 (f) For the resolution of disputes between the school
15 district and local governments.
16 (5) The public educational facilities element must be
17 based on data and analysis, including the interlocal agreement
18 required by subsection (4), and on the educational facilities
19 plan required by s. 235.185. Each local government public
20 educational facilities element within a county must be
21 consistent with the other elements and must address:
22 (a) The need for, strategies for, and commitments to
23 addressing improvements to infrastructure, safety, and
24 community conditions in areas proximate to existing public
25 schools.
26 (b) The need for and strategies for providing adequate
27 infrastructure necessary to support proposed schools,
28 including potable water, wastewater, drainage, solid waste,
29 transportation, and means by which to assure safe access to
30 schools, including sidewalks, bicycle paths, turn lanes, and
31 signalization.
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1 (c) Colocation of other public facilities, such as
2 parks, libraries, and community centers, in proximity to
3 public schools.
4 (d) Location of schools proximate to residential areas
5 and to complement patterns of development, including using
6 elementary schools as focal points for neighborhoods.
7 (e) Use of public schools to serve as emergency
8 shelters.
9 (f) Consideration of the existing and planned capacity
10 of public schools when reviewing comprehensive plan amendments
11 and rezonings that are likely to increase residential
12 development and that are reasonably expected to have an impact
13 on the demand for public school facilities pursuant to s.
14 163.31777, with the review to be based on uniform,
15 districtwide level-of-service standards for all public schools
16 of the same type, availability standards for public schools,
17 and the financially feasible 5-year district facilities work
18 program adopted by the school board pursuant to s. 235.185.
19 (g) A uniform methodology for determining school
20 capacity and proportionate-share mitigation consistent with
21 the requirements of s. 163.31777(4) and the interlocal
22 agreement.
23 (h) The response of the school board to the financial
24 management and performance audit required by s. 235.185(2)(f).
25 (6) The future land-use map series must incorporate
26 maps that are the result of a collaborative process for
27 identifying school sites in the educational facilities plan
28 adopted by the school board pursuant to s. 235.185 and must
29 show the locations of existing public schools and the general
30 locations of improvements to existing schools or new schools
31 anticipated over the 5-year, 10-year, and 20-year time
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1 periods, or such maps shall be data and analysis in support of
2 the future land-use map series. Maps indicating general
3 locations of future schools or school improvements should not
4 prescribe a land use on a particular parcel of land.
5 (7) The process for adopting a public educational
6 facilities element shall be as provided in s. 163.3184. The
7 state land planning agency shall submit a copy of the proposed
8 public school facilities element pursuant to the procedures
9 outlined in s. 163.3184(4) to the Office of Educational
10 Facilities of the Commissioner of Education for review and
11 comment.
12 (8) In any proceeding to challenge the adoption of the
13 public educational facilities element pursuant to s. 163.3184,
14 the petitioner may also challenge the data and analysis used
15 to support the processes set forth in the interlocal agreement
16 executed pursuant to this section.
17 (9)(a) If the county, school board and nonexempt
18 municipalities within the county cannot reach agreement
19 regarding the interlocal agreement required by subsection (4),
20 the parties shall seek mediation through the appropriate
21 regional planning council or the state land planning agency.
22 The bad-faith failure of any party to enter into an interlocal
23 agreement within 60 days after referral to mediation shall
24 result in the prohibition of that local government's ability
25 to amend its comprehensive plan until the dispute is resolved.
26 (b) The failure by a local government to comply with
27 the requirement to transmit and adopt a public educational
28 facility element will result in the prohibition of the local
29 government's ability to amend the local comprehensive plan
30 until the public school facilities element is adopted.
31
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1 (c) If a local government fails to comply with the
2 requirements of this section to enter into the interlocal
3 agreement or to transmit a public educational facilities
4 element by the required date, or if the Administration
5 Commission finds that the public educational facilities
6 element is not in compliance, the local government shall be
7 subject to sanctions imposed by the Administration Commission
8 pursuant to s. 163.3184(11).
9 (d) The failure of a school board to provide the
10 required plans or information or to enter into the interlocal
11 agreement under this section shall subject the school board to
12 sanctions pursuant to s. 235.193(3).
13 (e) A local government or school board's bad-faith
14 failure to enter into the interlocal agreement does not
15 subject another local government or school board to sanctions.
16 (10) Any local government that has executed an
17 interlocal agreement for the purpose of adopting public school
18 concurrency before the effective date of this act is not
19 required to amend the public school element or any interlocal
20 agreement to conform with the provisions of this section or s.
21 163.31777 if such amendment is ultimately determined to be in
22 compliance.
23 Section 4. Section 163.31777, Florida Statutes, is
24 created to read:
25 163.31777 Public school capacity for plan amendments
26 and rezonings.--
27 (1) Local governments shall consider public school
28 facilities when reviewing proposed comprehensive plan
29 amendments and rezonings that increase residential densities
30 and that are reasonably expected to have an impact on the
31 demand for public school facilities.
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1 (2) For each proposed comprehensive plan amendment or
2 rezoning that increases residential densities and is
3 reasonably expected to have an impact on the demand for public
4 school facilities, the school board shall provide the local
5 government with a school-capacity report based on the district
6 educational facilities plan adopted by the school board
7 pursuant to s. 235.185, which must provide data and analysis
8 on the capacity and enrollment of affected schools based on
9 standards established by state or federal law or judicial
10 orders, projected additional enrollment attributable to the
11 density increase resulting from the amendment or rezoning,
12 programmed and financially feasible new public school
13 facilities or improvements for affected schools identified in
14 the educational facilities plan of the school board and the
15 expected date of availability of such facilities or
16 improvements, and available reasonable options for providing
17 public school facilities to students if the rezoning or
18 comprehensive plan amendment is approved. The options must
19 include, but need not be limited to, the school board's
20 evaluation of school schedule modification, school attendance
21 zones modification, school facility modification, and the
22 creation of charter schools. The report must be consistent
23 with this section, any adopted interlocal agreement and public
24 educational facilities element, and must be submitted no later
25 than 3 working days before the first public hearing by the
26 local government to consider the comprehensive plan amendment
27 or rezoning.
28 (3) The local government shall deny a request for a
29 comprehensive plan amendment or rezoning which would increase
30 the density of residential development allowed on the property
31 subject to the amendment or rezoning and is reasonably
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1 expected to have an increased impact on the demand for public
2 school facilities, if the school facility capacity will not be
3 reasonably available at the time of projected school impacts
4 as determined by the methodology established in the public
5 educational facilities element. However, the application for a
6 comprehensive plan amendment or a rezoning may be approved if
7 the applicant executes a legally binding commitment to provide
8 mitigation proportionate to the demand for public school
9 facilities to be created by actual development of the
10 property, including, but not limited to, the options described
11 in subsection (4).
12 (4)(a) Options for proportionate-share mitigation of
13 public school facility impacts from actual development of
14 property subject to a plan amendment or rezoning that
15 increases residential density shall be established in the
16 educational facilities plan and the public educational
17 facilities element. Appropriate mitigation options include the
18 contribution of land; the construction, expansion, or payment
19 for land acquisition or construction of a public school
20 facility; or the creation of mitigation banking based on the
21 construction of a public school facility in exchange for the
22 right to sell capacity credits. Such options must include
23 execution by the applicant and the local government of a
24 binding development agreement pursuant to ss.
25 163.3220-163.3243 which constitutes a legally binding
26 commitment to pay proportionate-share mitigation for the
27 additional residential units approved by the local government
28 in a development order and actually developed on the property,
29 taking into account residential density allowed on the
30 property prior to the plan amendment or rezoning that
31 increased overall residential density. The district school
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1 board may be a party to such an agreement. As a condition of
2 its entry into such a development agreement, the local
3 government may require the landowner to agree to continuing
4 renewal of the agreement upon its expiration.
5 (b) If the educational facilities plan and the public
6 educational facilities element authorize a contribution of
7 land; the construction, expansion, or payment for land
8 acquisition; or the construction or expansion of a public
9 school facility, or a portion thereof, as proportionate-share
10 mitigation, the local government shall credit such a
11 contribution, construction, expansion, or payment toward any
12 other impact fee or exaction imposed by local ordinance for
13 the same need, on a dollar-for-dollar basis at fair market
14 value.
15 (c) Any proportionate-share mitigation must be
16 directed by the school board toward a school capacity
17 improvement that is identified in the financially feasible
18 5-year district work plan and that will be provided in
19 accordance with a binding developers agreement.
20 (5) Subsections (3) and (4) shall not take effect
21 within a jurisdiction until:
22 (a) The local governments and the school board have
23 entered into an interlocal agreement pursuant to ss. 163.31776
24 and 235.193;
25 (b) The local government has adopted a public
26 education facilities element required under s. 163.31776 and
27 the element has been found in compliance;
28 (c) The school board has revised its district
29 education facilities plan to comply with s. 235.185; and
30 (d) One of the following revenue sources is levied for
31 the purpose of funding public educational facilities
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1 consistent with the public educational facilities plan and
2 interlocal agreement adopted pursuant to s. 163.31776, and the
3 district educational facilities plan pursuant to s. 235.185:
4 1. The half-cent school capital outlay surtax
5 authorized by s. 212.055(6); or
6 2. An amount of new broad-based revenue from state or
7 local sources, equivalent to the amount that would be raised
8 from the school capital outlay surtax, is available and
9 dedicated to the implementation of the financially feasible
10 work program adopted by the school board pursuant to s.
11 235.185.
12 (6) Under limited circumstances dealing with
13 educational facilities, countervailing planning and public
14 policy goals may come into conflict with the requirements of
15 subsections (3) and (4). Often the unintended results directly
16 conflict with the goals and policies of the state
17 comprehensive plan and the intent of this part. Therefore, a
18 local government may grant an exception from the requirements
19 of subsections (3) and (4) if the proposed development is
20 otherwise consistent with the adopted local government
21 comprehensive plan and is a project located within an area
22 designated in the comprehensive plan for:
23 (a) Urban infill development;
24 (b) Urban redevelopment;
25 (c) Downtown revitalization; or
26 (d) Urban infill and redevelopment under s. 163.2517.
27 Section 5. Subsection (4) of section 163.3180, Florida
28 Statutes, is amended to read:
29 163.3180 Concurrency.--
30 (4)(a) The concurrency requirement as implemented in
31 local comprehensive plans applies to state and other public
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1 facilities and development to the same extent that it applies
2 to all other facilities and development, as provided by law.
3 (b) The concurrency requirement as implemented in
4 local comprehensive plans does not apply to public transit
5 facilities. For the purposes of this paragraph, public
6 transit facilities include transit stations and terminals,
7 transit station parking, park-and-ride lots, intermodal public
8 transit connection or transfer facilities, and fixed bus,
9 guideway, and rail stations. As used in this paragraph, the
10 terms "terminals" and "transit facilities" do not include
11 airports or seaports or commercial or residential development
12 constructed in conjunction with a public transit facility.
13 (c) The concurrency requirement as implemented in
14 local government comprehensive plans may be waived by a local
15 government for urban infill and redevelopment areas designated
16 pursuant to s. 163.2517 if such a waiver does not endanger
17 public health or safety as defined by the local government in
18 its local government comprehensive plan.
19 Section 6. Subsections (1), (3), (4), and (6) of
20 section 163.3184, Florida Statutes, are amended to read:
21 163.3184 Process for adoption of comprehensive plan or
22 plan amendment.--
23 (1) DEFINITIONS.--As used in this section, the term:
24 (a) "Affected person" includes the affected local
25 government; persons owning property, residing, or owning or
26 operating a business within the boundaries of the local
27 government whose plan is the subject of the review; owners of
28 real property abutting real property that is the subject of a
29 proposed change to a future land use map; and adjoining local
30 governments that can demonstrate that the plan or plan
31 amendment will produce substantial impacts on the increased
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1 need for publicly funded infrastructure or substantial impacts
2 on areas designated for protection or special treatment within
3 their jurisdiction. Each person, other than an adjoining local
4 government, in order to qualify under this definition, shall
5 also have submitted oral or written comments, recommendations,
6 or objections to the local government during the period of
7 time beginning with the transmittal hearing for the plan or
8 plan amendment and ending with the adoption of the plan or
9 plan amendment.
10 (b) "In compliance" means consistent with the
11 requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180,
12 163.3191, and 163.3245, with the state comprehensive plan,
13 with the appropriate strategic regional policy plan, and with
14 chapter 9J-5, Florida Administrative Code, where such rule is
15 not inconsistent with this part and with the principles for
16 guiding development in designated areas of critical state
17 concern.
18 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
19 AMENDMENT.--
20 (a) Each local governing body shall transmit the
21 complete proposed comprehensive plan or plan amendment to the
22 state land planning agency, the appropriate regional planning
23 council and water management district, the Department of
24 Environmental Protection, the Department of State, and the
25 Department of Transportation, and, in the case of municipal
26 plans, to the appropriate county, and, in the case of county
27 plans, to the Fish and Wildlife Conservation Commission and
28 the Department of Agriculture and Consumer Services,
29 immediately following a public hearing pursuant to subsection
30 (15) as specified in the state land planning agency's
31 procedural rules. The local governing body shall also transmit
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1 a copy of the complete proposed comprehensive plan or plan
2 amendment to any other unit of local government or government
3 agency in the state that has filed a written request with the
4 governing body for the plan or plan amendment. The local
5 government may request a review by the state land planning
6 agency pursuant to subsection (6) at the time of the
7 transmittal of an amendment.
8 (b) A local governing body shall not transmit portions
9 of a plan or plan amendment unless it has previously provided
10 to all state agencies designated by the state land planning
11 agency a complete copy of its adopted comprehensive plan
12 pursuant to subsection (7) and as specified in the agency's
13 procedural rules. In the case of comprehensive plan
14 amendments, the local governing body shall transmit to the
15 state land planning agency, the appropriate regional planning
16 council and water management district, the Department of
17 Environmental Protection, the Department of State, and the
18 Department of Transportation, and, in the case of municipal
19 plans, to the appropriate county, and, in the case of county
20 plans, to the Fish and Wildlife Conservation Commission and
21 the Department of Agriculture and Consumer Services, the
22 materials specified in the state land planning agency's
23 procedural rules and, in cases in which the plan amendment is
24 a result of an evaluation and appraisal report adopted
25 pursuant to s. 163.3191, a copy of the evaluation and
26 appraisal report. Local governing bodies shall consolidate all
27 proposed plan amendments into a single submission for each of
28 the two plan amendment adoption dates during the calendar year
29 pursuant to s. 163.3187.
30 (c) A local government may adopt a proposed plan
31 amendment previously transmitted pursuant to this subsection,
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1 unless review is requested or otherwise initiated pursuant to
2 subsection (6).
3 (d) In cases in which a local government transmits
4 multiple individual amendments that can be clearly and legally
5 separated and distinguished for the purpose of determining
6 whether to review the proposed amendment, and the state land
7 planning agency elects to review several or a portion of the
8 amendments and the local government chooses to immediately
9 adopt the remaining amendments not reviewed, the amendments
10 immediately adopted and any reviewed amendments that the local
11 government subsequently adopts together constitute one
12 amendment cycle in accordance with s. 163.3187(1).
13 (4) INTERGOVERNMENTAL REVIEW.--The If review of a
14 proposed comprehensive plan amendment is requested or
15 otherwise initiated pursuant to subsection (6), the state land
16 planning agency within 5 working days of determining that such
17 a review will be conducted shall transmit a copy of the
18 proposed plan amendment to various government agencies, as
19 appropriate, for response or comment, including, but not
20 limited to, the Department of Environmental Protection, the
21 Department of Transportation, the water management district,
22 and the regional planning council, and, in the case of
23 municipal plans, to the county land planning agency. These
24 governmental agencies specified in paragraph (3)(a) shall
25 provide comments to the state land planning agency within 30
26 days after receipt by the state land planning agency of the
27 complete proposed plan amendment. If the plan or plan
28 amendment includes or relates to the public school facilities
29 element required by s. 163.31776, the state land planning
30 agency shall submit a copy to the Office of Educational
31 Facilities of the Commissioner of Education for review and
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1 comment. The appropriate regional planning council shall also
2 provide its written comments to the state land planning agency
3 within 30 days after receipt by the state land planning agency
4 of the complete proposed plan amendment and shall specify any
5 objections, recommendations for modifications, and comments of
6 any other regional agencies to which the regional planning
7 council may have referred the proposed plan amendment. Written
8 comments submitted by the public within 30 days after notice
9 of transmittal by the local government of the proposed plan
10 amendment will be considered as if submitted by governmental
11 agencies. All written agency and public comments must be made
12 part of the file maintained under subsection (2).
13 (6) STATE LAND PLANNING AGENCY REVIEW.--
14 (a) The state land planning agency shall review a
15 proposed plan amendment upon request of a regional planning
16 council, affected person, or local government transmitting the
17 plan amendment. The request from the regional planning council
18 or affected person must be if the request is received within
19 30 days after transmittal of the proposed plan amendment
20 pursuant to subsection (3). The agency shall issue a report
21 of its objections, recommendations, and comments regarding the
22 proposed plan amendment. A regional planning council or
23 affected person requesting a review shall do so by submitting
24 a written request to the agency with a notice of the request
25 to the local government and any other person who has requested
26 notice.
27 (b) The state land planning agency may review any
28 proposed plan amendment regardless of whether a request for
29 review has been made, if the agency gives notice to the local
30 government, and any other person who has requested notice, of
31 its intention to conduct such a review within 35 30 days after
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1 receipt of transmittal of the complete proposed plan amendment
2 pursuant to subsection (3).
3 (c) The state land planning agency shall establish by
4 rule a schedule for receipt of comments from the various
5 government agencies, as well as written public comments,
6 pursuant to subsection (4). If the state land planning agency
7 elects to review the amendment or the agency is required to
8 review the amendment as specified in paragraph (a), the agency
9 shall issue a report giving its objections, recommendations,
10 and comments regarding the proposed amendment within 60 days
11 after receipt of the complete proposed amendment by the state
12 land planning agency. The state land planning agency shall
13 have 30 days to review comments from the various government
14 agencies along with a local government's comprehensive plan or
15 plan amendment. During that period, the state land planning
16 agency shall transmit in writing its comments to the local
17 government along with any objections and any recommendations
18 for modifications. When a federal, state, or regional agency
19 has implemented a permitting program, the state land planning
20 agency shall not require a local government to duplicate or
21 exceed that permitting program in its comprehensive plan or to
22 implement such a permitting program in its land development
23 regulations. Nothing contained herein shall prohibit the
24 state land planning agency in conducting its review of local
25 plans or plan amendments from making objections,
26 recommendations, and comments or making compliance
27 determinations regarding densities and intensities consistent
28 with the provisions of this part. In preparing its comments,
29 the state land planning agency shall only base its
30 considerations on written, and not oral, comments, from any
31 source.
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1 (d) The state land planning agency review shall
2 identify all written communications with the agency regarding
3 the proposed plan amendment. If the state land planning agency
4 does not issue such a review, it shall identify in writing to
5 the local government all written communications received 30
6 days after transmittal. The written identification must
7 include a list of all documents received or generated by the
8 agency, which list must be of sufficient specificity to enable
9 the documents to be identified and copies requested, if
10 desired, and the name of the person to be contacted to request
11 copies of any identified document. The list of documents must
12 be made a part of the public records of the state land
13 planning agency.
14 Section 7. Effective October 1, 2001, subsections (7),
15 (8), and (15) and paragraph (d) of subsection (16) of section
16 163.3184, Florida Statutes, as amended by this act, are
17 amended to read:
18 163.3184 Process for adoption of comprehensive plan or
19 plan amendment.--
20 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
21 PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government
22 shall review the written comments submitted to it by the state
23 land planning agency, and any other person, agency, or
24 government. Any comments, recommendations, or objections and
25 any reply to them shall be public documents, a part of the
26 permanent record in the matter, and admissible in any
27 proceeding in which the comprehensive plan or plan amendment
28 may be at issue. The local government, upon receipt of
29 written comments from the state land planning agency, shall
30 have 120 days to adopt or adopt with changes the proposed
31 comprehensive plan or s. 163.3191 plan amendments. In the
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1 case of comprehensive plan amendments other than those
2 proposed pursuant to s. 163.3191, the local government shall
3 have 60 days to adopt the amendment, adopt the amendment with
4 changes, or determine that it will not adopt the amendment.
5 The adoption of the proposed plan or plan amendment or the
6 determination not to adopt a plan amendment, other than a plan
7 amendment proposed pursuant to s. 163.3191, shall be made in
8 the course of a public hearing pursuant to subsection (15).
9 The local government shall transmit the complete adopted
10 comprehensive plan or adopted plan amendment, including the
11 names and addresses of persons compiled pursuant to paragraph
12 (15)(c), to the state land planning agency as specified in the
13 agency's procedural rules within 10 working days after
14 adoption. The local governing body shall also transmit a copy
15 of the adopted comprehensive plan or plan amendment to the
16 regional planning agency and to any other unit of local
17 government or governmental agency in the state that has filed
18 a written request with the governing body for a copy of the
19 plan or plan amendment.
20 (8) NOTICE OF INTENT.--
21 (a) Except as provided in s. 163.3187(3), the state
22 land planning agency, upon receipt of a local government's
23 complete adopted comprehensive plan or plan amendment, shall
24 have 45 days for review and to determine if the plan or plan
25 amendment is in compliance with this act, unless the amendment
26 is the result of a compliance agreement entered into under
27 subsection (16), in which case the time period for review and
28 determination shall be 30 days. If review was not conducted
29 under subsection (6), the agency's determination must be based
30 upon the plan amendment as adopted. If review was conducted
31
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1 under subsection (6), the agency's determination of compliance
2 must be based only upon one or both of the following:
3 1. The state land planning agency's written comments
4 to the local government pursuant to subsection (6); or
5 2. Any changes made by the local government to the
6 comprehensive plan or plan amendment as adopted.
7 (b) During the time period provided for in this
8 subsection, the state land planning agency shall issue,
9 through a senior administrator or the secretary, as specified
10 in the agency's procedural rules, a notice of intent to find
11 that the plan or plan amendment is in compliance or not in
12 compliance. A notice of intent shall be issued by publication
13 in the manner provided by this paragraph and by mailing a copy
14 to the local government and to persons who request notice.
15 The required advertisement shall be no less than 2 columns
16 wide by 10 inches long, and the headline in the advertisement
17 shall be in a type no smaller than 12 point. The advertisement
18 shall not be placed in that portion of the newspaper where
19 legal notices and classified advertisements appear. The
20 advertisement shall be published in a newspaper which meets
21 the size and circulation requirements set forth in paragraph
22 (15)(d) (15)(c) and which has been designated in writing by
23 the affected local government at the time of transmittal of
24 the amendment. Publication by the state land planning agency
25 of a notice of intent in the newspaper designated by the local
26 government shall be prima facie evidence of compliance with
27 the publication requirements of this section.
28 (c) The state land planning agency shall post a copy
29 of the notice of intent on the agency's Internet site. The
30 agency shall, no later than the date the notice of intent is
31 transmitted to the newspaper, mail a courtesy informational
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1 statement to the persons whose names and mailing addresses
2 were compiled pursuant to paragraph (15)(c). The informational
3 statement must identify the newspaper in which the notice of
4 intent will appear, the approximate date of publication of the
5 notice of intent, and the ordinance number of the plan or plan
6 amendment and must advise that the informational statement is
7 provided as a courtesy to the person and that affected persons
8 have 21 days from the actual date of publication of the notice
9 to file a petition. The informational statement must be sent
10 by regular mail and does not affect the timeframes specified
11 in subsections (9) and (10).
12 (15) PUBLIC HEARINGS.--
13 (a) The procedure for transmittal of a complete
14 proposed comprehensive plan or plan amendment pursuant to
15 subsection (3) and for adoption of a comprehensive plan or
16 plan amendment pursuant to subsection (7) shall be by
17 affirmative vote of not less than a majority of the members of
18 the governing body present at the hearing. The adoption of a
19 comprehensive plan or plan amendment shall be by ordinance.
20 For the purposes of transmitting or adopting a comprehensive
21 plan or plan amendment, the notice requirements in chapters
22 125 and 166 are superseded by this subsection, except as
23 provided in this part.
24 (b) The local governing body shall hold at least two
25 advertised public hearings on the proposed comprehensive plan
26 or plan amendment as follows:
27 1. The first public hearing shall be held at the
28 transmittal stage pursuant to subsection (3). It shall be
29 held on a weekday at least 7 days after the day that the first
30 advertisement is published.
31
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1 2. The second public hearing shall be held at the
2 adoption stage pursuant to subsection (7). It shall be held
3 on a weekday at least 5 days after the day that the second
4 advertisement is published.
5 (c) The local government shall provide a sign-in form
6 at the transmittal hearing and at the adoption hearing for
7 persons to provide their names and mailing addresses. The
8 sign-in form must advise that any person providing the
9 requested information will receive a courtesy informational
10 statement concerning publications of the state land planning
11 agency's notice of intent. The local government shall add to
12 the sign-in form the name and address of any person who
13 submits written comments concerning the proposed plan or plan
14 amendment during the time period between the commencement of
15 the transmittal hearing and the end of the adoption hearing.
16 It is the responsibility of the person completing the form or
17 providing written commends to accurately, completely, and
18 legibly provide all information needed in order to receive the
19 courtesy informational statement.
20 (d) The agency shall provide a model sign-in format
21 for providing the list to the agency which may be used by the
22 local government to satisfy the requirements of this
23 subsection.
24 (e)(c) If the proposed comprehensive plan or plan
25 amendment changes the actual list of permitted, conditional,
26 or prohibited uses within a future land use category or
27 changes the actual future land use map designation of a parcel
28 or parcels of land, the required advertisements shall be in
29 the format prescribed by s. 125.66(4)(b)2. for a county or by
30 s. 166.041(3)(c)2.b. for a municipality.
31 (16) COMPLIANCE AGREEMENTS.--
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1 (d) A local government may adopt a plan amendment
2 pursuant to a compliance agreement in accordance with the
3 requirements of paragraph (15)(a). The plan amendment shall be
4 exempt from the requirements of subsections (2)-(7). The
5 local government shall hold a single adoption public hearing
6 pursuant to the requirements of subparagraph (15)(b)2. and
7 paragraph (15)(d) (15)(c). Within 10 working days after
8 adoption of a plan amendment, the local government shall
9 transmit the amendment to the state land planning agency as
10 specified in the agency's procedural rules, and shall submit
11 one copy to the regional planning agency and to any other unit
12 of local government or government agency in the state that has
13 filed a written request with the governing body for a copy of
14 the plan amendment, and one copy to any party to the
15 proceeding under ss. 120.569 and 120.57 granted intervenor
16 status.
17 Section 8. Paragraph (k) is added to subsection (1) of
18 section 163.3187, Florida Statutes, to read:
19 163.3187 Amendment of adopted comprehensive plan.--
20 (1) Amendments to comprehensive plans adopted pursuant
21 to this part may be made not more than two times during any
22 calendar year, except:
23 (k) A comprehensive plan amendment to adopt a public
24 educational facilities element pursuant to s. 163.31776 and
25 future land-use-map amendments for school siting may be
26 approved notwithstanding statutory limits on the frequency of
27 adopting plan amendments.
28 Section 9. Paragraph (k) of subsection (2) of section
29 163.3191, Florida Statutes, is amended, and paragraph (l) is
30 added to that subsection, to read:
31
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1 163.3191 Evaluation and appraisal of comprehensive
2 plan.--
3 (2) The report shall present an evaluation and
4 assessment of the comprehensive plan and shall contain
5 appropriate statements to update the comprehensive plan,
6 including, but not limited to, words, maps, illustrations, or
7 other media, related to:
8 (k) The coordination of the comprehensive plan with
9 existing public schools and those identified in the applicable
10 educational 5-year school district facilities plan work
11 program adopted pursuant to s. 235.185. The assessment shall
12 address, where relevant, the success or failure of the
13 coordination of the future land use map and associated planned
14 residential development with public schools and their
15 capacities, as well as the joint decisionmaking processes
16 engaged in by the local government and the school board in
17 regard to establishing appropriate population projections and
18 the planning and siting of public school facilities. If the
19 issues are not relevant, the local government shall
20 demonstrate that they are not relevant.
21 (l) If any of the jurisdiction of the local government
22 is located within the coastal high hazard area, an evaluation
23 of whether any past reduction in land use density impairs the
24 property rights of current residents when redevelopment
25 occurs, including, but not limited to, redevelopment following
26 a natural disaster. The local government must identify
27 strategies to address redevelopment feasibility and the
28 property rights of affected residents. These strategies may
29 include the authorization of redevelopment up to the actual
30 built density in existence on the property prior to the
31 natural disaster or redevelopment.
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1 Section 10. Section 163.3198, Florida Statutes, is
2 created to read:
3 163.3198 Development of a uniform
4 fiscal-impact-analysis model for evaluating the cost of
5 infrastructure to support development.--
6 (1) The Legislature finds that the quality of growth
7 in this state will benefit greatly by the adoption of a
8 uniform fiscal-impact-analysis tool that can be used by local
9 governments to determine the costs and benefits of new
10 development. To facilitate informed decision-making and
11 accountability by local government, the analysis model must
12 itemize and calculate the costs and fiscal impacts of
13 infrastructure needs created by proposed development, as well
14 as the anticipated revenues needed for infrastructure
15 associated with the project. It is intended that the model be
16 a minimum base model for implementation by all local
17 governments. Local governments are not required to implement
18 the model until the Legislature approves such implementation,
19 and local governments are not prevented from using other
20 fiscal or economic analysis tools before or after adoption of
21 the uniform fiscal-analysis model. The Legislature intends
22 that the analysis provide local government decisionmakers with
23 a clearer understanding of the fiscal impact of new
24 development on the community and its resources.
25 (2) A three-member technical advisory committee with
26 one member each to be selected by the Governor, the President
27 of the Senate, and the Speaker of the House of
28 Representatives, respectively, shall be created to advise the
29 secretary concerning the development of a fiscal-analysis
30 model. The appointments must be made prior to July 1, 2001.
31
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1 (a) The technical advisory committee shall advise the
2 state land planning agency concerning:
3 1. The development of a fiscal-analysis model;
4 2. The selection of one or more models;
5 3. Changes that may be made to the model during the
6 testing period, as needed; and
7 4. Recommendations on the implementation of the model.
8 (b) Each member of the technical advisory committee is
9 entitled to reimbursement for per diem and travel expenses, as
10 provided in s. 112.061, while carrying out the official
11 business of the committee.
12 (c) The technical advisory committee shall meet at the
13 call of the secretary and shall be dissolved upon the
14 submittal of the report and recommendations required in
15 subsection (4).
16 (3)(a) The state land planning agency shall develop
17 one or more fiscal-analysis models for determining the
18 estimated costs and revenues of proposed development. The
19 analysis provided by the model is a tool for government
20 decisionmaking, does not constitute an automatic approval or
21 disapproval of new development, and applies to all public and
22 private projects and all land-use categories.
23 (b) The model must be capable of estimating the
24 capital, operating, and maintenance costs, and revenues for
25 infrastructure the need for which is created by new
26 development based on the type, scale, and location of various
27 land uses. For the purposes of developing the model, estimated
28 costs include those associated with provision of school
29 facilities; transportation facilities; water supply; sewer;
30 stormwater; solid waste services; police, fire, and emergency
31 medical services; publicly provided energy services; parks and
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1 recreation services; and publicly provided telecommunications.
2 Estimated revenues include all revenues attributable to the
3 proposed development which are used to construct, operate, or
4 maintain the listed infrastructure. The model may be developed
5 with capabilities of estimating other costs and benefits
6 directly related to new development, including economic costs
7 and benefits. The Legislature recognizes the potential
8 limitations of such models in fairly quantifying important
9 quality-of-life issues, such as the intangible benefits and
10 costs associated with development, including, but not limited
11 to, overall impact on community character, housing costs,
12 compatibility, and impacts to natural and historic resources,
13 and the Legislature affirms its intention that this model not
14 be used as the only determinant of the acceptability of new
15 development.
16 (c) The model must be capable of identifying
17 infrastructure deficits or backlogs and the costs associated
18 with addressing such needs.
19 (d) As part of its development of a fiscal-analysis
20 model, the state land planning agency shall develop a format
21 by which the local governments shall report to the public, at
22 least annually, the cumulative fiscal impact of their local
23 planning decisions.
24 (4) By January 1, 2003, the state land planning agency
25 shall transmit to the Governor, the President of the Senate,
26 and the Speaker of the House of Representatives a report
27 detailing the estimated costs of implementation,
28 recommendations for a uniform fiscal-analysis model, and
29 recommendations for statewide implementation of such a model.
30 If the state land planning agency determines that a uniform
31 fiscal-analysis model is unfeasible, the agency may recommend
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1 that the model or its application be modified. The report must
2 also include recommendations for any changes to existing
3 growth management laws and policies necessary to implement the
4 model. However, this model is not intended to serve as a
5 replacement for concurrency. The report must also include
6 recommendations for state technical and financial assistance
7 to help local governments in implementing the uniform
8 fiscal-analysis model and recommendations for incentives to
9 local governments to encourage identification of areas in
10 which infrastructure development will be encouraged. It is not
11 the intent of this section to repeal concurrency.
12 Section 11. The sum of $500,000 is appropriated to the
13 Department of Community Affairs from the General Revenue Fund
14 to implement section 10 of this act.
15 Section 12. Subsections (2) and (3) of section
16 186.504, Florida Statutes, are amended to read:
17 186.504 Regional planning councils; creation;
18 membership.--
19 (2) Membership on the regional planning council shall
20 be as follows:
21 (a) Representatives appointed by each of the member
22 counties in the geographic area covered by the regional
23 planning council.
24 (b) Representatives from other member local
25 general-purpose governments in the geographic area covered by
26 the regional planning council.
27 (c) Representatives appointed by the Governor from the
28 geographic area covered by the regional planning council,
29 including an elected school board member from the geographic
30 area covered by the regional planning council, to be nominated
31 by the Florida School Board Association.
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1 (3) Not less than two-thirds of the representatives
2 serving as voting members on the governing bodies of such
3 regional planning councils shall be elected officials of local
4 general-purpose governments chosen by the cities and counties
5 of the region, provided each county shall have at least one
6 vote. The remaining one-third of the voting members on the
7 governing board shall be appointed by the Governor, to include
8 one elected school board member, subject to confirmation by
9 the Senate, and shall reside in the region. No two appointees
10 of the Governor shall have their places of residence in the
11 same county until each county within the region is represented
12 by a Governor's appointee to the governing board. Nothing
13 contained in this section shall deny to local governing bodies
14 or the Governor the option of appointing either locally
15 elected officials or lay citizens provided at least two-thirds
16 of the governing body of the regional planning council is
17 composed of locally elected officials.
18 Section 13. Paragraph (a) of subsection (2) and
19 subsection (6) of section 212.055, Florida Statutes, are
20 amended to read:
21 212.055 Discretionary sales surtaxes; legislative
22 intent; authorization and use of proceeds.--It is the
23 legislative intent that any authorization for imposition of a
24 discretionary sales surtax shall be published in the Florida
25 Statutes as a subsection of this section, irrespective of the
26 duration of the levy. Each enactment shall specify the types
27 of counties authorized to levy; the rate or rates which may be
28 imposed; the maximum length of time the surtax may be imposed,
29 if any; the procedure which must be followed to secure voter
30 approval, if required; the purpose for which the proceeds may
31 be expended; and such other requirements as the Legislature
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1 may provide. Taxable transactions and administrative
2 procedures shall be as provided in s. 212.054.
3 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
4 (a)1. The governing authority in each county may levy
5 a discretionary sales surtax of 0.5 percent or 1 percent. The
6 levy of the surtax shall be pursuant to ordinance enacted by a
7 supermajority majority of the members of the county governing
8 authority or and approved by a majority of the electors of the
9 county voting in a referendum on the surtax. If the governing
10 bodies of the municipalities representing a majority of the
11 county's population adopt uniform resolutions establishing the
12 rate of the surtax and calling for a referendum on the surtax,
13 the levy of the surtax shall be placed on the ballot and shall
14 take effect if approved by a majority of the electors of the
15 county voting in the referendum on the surtax.
16 2. If the surtax was levied pursuant to a referendum
17 held before July 1, 1993, the surtax may not be levied beyond
18 the time established in the ordinance, or, if the ordinance
19 did not limit the period of the levy, the surtax may not be
20 levied for more than 15 years. The levy of such surtax may be
21 extended only by approval of a majority of the electors of the
22 county voting in a referendum on the surtax or pursuant to
23 ordinance enacted by a supermajority vote of the members of
24 the county governing authority.
25
26 For purposes of this paragraph, the term "supermajority vote"
27 means an affirmative vote of a majority of the membership of
28 the governing authority plus one.
29 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
30 (a) The school board in each county may levy, pursuant
31 to resolution conditioned to take effect only upon approval by
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1 a majority vote of the electors of the county voting in a
2 referendum, a discretionary sales surtax at a rate that may
3 not exceed 0.5 percent.
4 (b) The resolution shall include a statement that
5 provides a brief and general description of the school capital
6 outlay projects to be funded by the surtax. If applicable, the
7 resolution must state that the district school board has been
8 recognized by the State Board of Education as having a Florida
9 Frugal Schools Program. The statement shall conform to the
10 requirements of s. 101.161 and shall be placed on the ballot
11 by the governing body of the county. The following question
12 shall be placed on the ballot:
13
14 ....FOR THE ....CENTS TAX
15 ....AGAINST THE ....CENTS TAX
16
17 (c) As an alternative method of levying the
18 discretionary sales surtax, the district school board, in a
19 county where the local governments and the school board have
20 adopted the interlocal agreement and the public educational
21 facilities element required by s. 163.31776, and adopted a
22 district facilities plan pursuant to s. 235.185, may levy,
23 pursuant to resolution adopted by a supermajority of the
24 members of the school board, a discretionary sales surtax at a
25 rate not to exceed 0.5 percent. For purposes of this
26 paragraph, the term "supermajority vote" means an affirmative
27 vote of a majority of the membership of the school board plus
28 one.
29 (d)(c) The resolution providing for the imposition of
30 the surtax shall set forth a plan for use of the surtax
31 proceeds for fixed capital expenditures or fixed capital costs
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1 associated with the construction, reconstruction, or
2 improvement of school facilities and campuses which have a
3 useful life expectancy of 5 or more years, and any land
4 acquisition, land improvement, design, and engineering costs
5 related thereto. Additionally, the plan shall include the
6 costs of retrofitting and providing for technology
7 implementation, including hardware and software, for the
8 various sites within the school district. Surtax revenues may
9 be used for the purpose of servicing bond indebtedness to
10 finance projects authorized by this subsection, and any
11 interest accrued thereto may be held in trust to finance such
12 projects. Neither the proceeds of the surtax nor any interest
13 accrued thereto shall be used for operational expenses. If the
14 district school board has been recognized by the State Board
15 of Education as having a Florida Frugal Schools Program, the
16 district's plan for use of the surtax proceeds must be
17 consistent with this subsection and with uses assured under
18 the Florida Frugal Schools Program.
19 (e)(d) Any school board imposing the surtax shall
20 implement a freeze on noncapital local school property taxes,
21 at the millage rate imposed in the year prior to the
22 implementation of the surtax, for a period of at least 3 years
23 from the date of imposition of the surtax. This provision
24 shall not apply to existing debt service or required state
25 taxes.
26 (f)(e) Surtax revenues collected by the Department of
27 Revenue pursuant to this subsection shall be distributed to
28 the school board imposing the surtax in accordance with law.
29 Section 14. 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
31
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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.
31
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1 Section 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 uniform projections of
18 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 22. Section 235.194, Florida Statutes, is
11 repealed.
12 Section 23. 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 24. 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 25. Paragraph (d) of subsection (5) of section
25 236.25, Florida Statutes, is amended, and subsection (6) is
26 added to that section, to read:
27 236.25 District school tax.--
28 (5)
29 (d) Notwithstanding any other provision of this
30 subsection, if through its adopted educational facilities plan
31 work program a district has clearly identified the need for an
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1 ancillary plant, has provided opportunity for public input as
2 to the relative value of the ancillary plant versus an
3 educational plant, and has obtained public approval, the
4 district may use revenue generated by the millage levy
5 authorized by subsection (2) for the acquisition,
6 construction, renovation, remodeling, maintenance, or repair
7 of an ancillary plant.
8
9 A district that violates these expenditure restrictions shall
10 have an equal dollar reduction in funds appropriated to the
11 district under s. 236.081 in the fiscal year following the
12 audit citation. The expenditure restrictions do not apply to
13 any school district that certifies to the Commissioner of
14 Education that all of the district's instructional space needs
15 for the next 5 years can be met from capital outlay sources
16 that the district reasonably expects to receive during the
17 next 5 years or from alternative scheduling or construction,
18 leasing, rezoning, or technological methodologies that exhibit
19 sound management.
20 (6) In addition to the maximum millage levied under
21 this section and the General Appropriations Act, a school
22 district may levy, by local referendum or in a general
23 election, additional millage for school operational purposes
24 up to an amount that, when combined with nonvoted millage
25 levied under this section, does not exceed the 10-mill limit
26 established in s. 9(b), Art. VII of the State Constitution.
27 Any such levy shall be for a maximum of 4 years and shall be
28 counted as part of the 10-mill limit established in s. 9(b),
29 Art. VII of the State Constitution. Millage elections
30 conducted under the authority granted pursuant to this section
31 are subject to ss. 236.31 and 236.32. Funds generated by such
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1 additional millage do not become a part of the calculation of
2 the Florida Education Finance Program total potential funds in
3 2001-2002 or any subsequent year and must not be incorporated
4 in the calculation of any hold-harmless or other component of
5 the Florida Education Finance Program formula in any year.
6 Section 26. Section 236.31, Florida Statutes, is
7 amended to read:
8 236.31 District millage elections.--
9 (1) The school board, pursuant to resolution adopted
10 at a regular meeting, shall direct the county commissioners to
11 call an election at which the electors within the school
12 districts may approve an ad valorem tax millage as authorized
13 in s. 9, Art. VII of the State Constitution. Such election may
14 be held at any time, except that not more than one such
15 election shall be held during any 12-month period. Any
16 millage so authorized shall be levied for a period not in
17 excess of 2 years or until changed by another millage
18 election, whichever is the earlier. In the event any such
19 election is invalidated by a court of competent jurisdiction,
20 such invalidated election shall be considered not to have been
21 held.
22 (2) The school board, pursuant to resolution adopted
23 at a regular meeting, shall direct the county commissioners to
24 call an election at which the electors within the school
25 district may approve an ad valorem tax millage as authorized
26 under s. 236.25(6). Such election may be held at any time,
27 except that not more than one such election shall be held
28 during any 12-month period. Any millage so authorized shall be
29 levied for a period not in excess of 4 years or until changed
30 by another millage election, whichever is earlier. If any such
31 election is invalidated by a court of competent jurisdiction,
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1 such invalidated election shall be considered not to have been
2 held.
3 Section 27. Section 236.32, Florida Statutes, is
4 amended to read:
5 (Substantial rewording of section. See
6 s. 236.32, F.S., for present text.)
7 236.32 Procedures for holding and conducting school
8 district millage elections.--
9 (1) HOLDING ELECTIONS.--All school district millage
10 elections shall be held and conducted in the manner prescribed
11 by law for holding general elections, except as provided in
12 this chapter.
13 (2) FORM OF BALLOT.--
14 (a) The school board may propose a single millage or
15 two millages, with one for operating expenses and another for
16 a local capital improvement reserve fund. When two millage
17 figures are proposed, each millage must be voted on
18 separately.
19 (b) The school board shall provide the wording of the
20 substance of the measure and the ballot title in the
21 resolution calling for the election. The wording of the
22 ballot must conform to the provisions of s. 101.161.
23 (3) QUALIFICATION OF ELECTORS.--All qualified electors
24 of the school district are entitled to vote in the election to
25 set the school tax district millage levy.
26 (4) RESULTS OF ELECTION.--When the school board
27 proposes one tax levy for operating expenses and another for
28 the local capital improvement reserve fund, the results shall
29 be considered separately. The tax levy shall be levied only
30 in case a majority of the electors participating in the
31 election vote in favor of the proposed special millage.
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1 Section 28. Subsection (12), paragraph (c) of
2 subsection (15), and subsections (18) and (19) of section
3 380.06, Florida Statutes, are amended and a new paragraph (i)
4 is added to subsection (24) of that section, to read:
5 380.06 Developments of regional impact.--
6 (12) REGIONAL REPORTS.--
7 (a) Within 50 days after receipt of the notice of
8 public hearing required in paragraph (11)(c), the regional
9 planning agency, if one has been designated for the area
10 including the local government, shall prepare and submit to
11 the local government a report and recommendations on the
12 regional impact of the proposed development. In preparing its
13 report and recommendations, the regional planning agency shall
14 identify regional issues based upon the following review
15 criteria and make recommendations to the local government on
16 these regional issues, specifically considering whether, and
17 the extent to which:
18 1. The development will have a favorable or
19 unfavorable impact on state or regional resources or
20 facilities identified in the applicable state or regional
21 plans. For the purposes of this subsection, "applicable state
22 plan" means the state comprehensive plan. For the purposes of
23 this subsection, "applicable regional plan" means an adopted
24 comprehensive regional policy plan until the adoption of a
25 strategic regional policy plan pursuant to s. 186.508, and
26 thereafter means an adopted strategic regional policy plan.
27 2. The development will significantly impact adjacent
28 jurisdictions. At the request of the appropriate local
29 government, regional planning agencies may also review and
30 comment upon issues that affect only the requesting local
31 government.
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1 3. As one of the issues considered in the review in
2 subparagraphs 1. and 2., the development will favorably or
3 adversely affect the ability of people to find adequate
4 housing reasonably accessible to their places of employment.
5 The determination should take into account information on
6 factors that are relevant to the availability of reasonably
7 accessible adequate housing. Adequate housing means housing
8 that is available for occupancy and that is not substandard.
9 (b) At the request of the regional planning agency,
10 other appropriate agencies shall review the proposed
11 development and shall prepare reports and recommendations on
12 issues that are clearly within the jurisdiction of those
13 agencies. Such agency reports shall become part of the
14 regional planning agency report; however, the regional
15 planning agency may attach dissenting views. When water
16 management district and Department of Environmental Protection
17 permits have been issued pursuant to chapter 373 or chapter
18 403, the regional planning council may comment on the regional
19 implications of the permits but may not offer conflicting
20 recommendations.
21 (c) The regional planning agency shall afford the
22 developer or any substantially affected party reasonable
23 opportunity to present evidence to the regional planning
24 agency head relating to the proposed regional agency report
25 and recommendations.
26 (d) Where the location of a proposed development
27 involves land within the boundaries of multiple regional
28 planning councils, the state land planning agency shall
29 designate a lead regional planning council. The lead regional
30 planning council shall prepare the regional report.
31 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
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1 (c) The development order shall include findings of
2 fact and conclusions of law consistent with subsections (13)
3 and (14). The development order:
4 1. Shall specify the monitoring procedures and the
5 local official responsible for assuring compliance by the
6 developer with the development order.
7 2. Shall establish compliance dates for the
8 development order, including a deadline for commencing
9 physical development and for compliance with conditions of
10 approval or phasing requirements, and shall include a
11 termination date that reasonably reflects the time required to
12 complete the development.
13 3. Shall establish a date until which the local
14 government agrees that the approved development of regional
15 impact shall not be subject to downzoning, unit density
16 reduction, or intensity reduction, unless the local government
17 can demonstrate that substantial changes in the conditions
18 underlying the approval of the development order have occurred
19 or the development order was based on substantially inaccurate
20 information provided by the developer or that the change is
21 clearly established by local government to be essential to the
22 public health, safety, or welfare.
23 4. Shall specify the requirements for the biennial
24 annual report designated under subsection (18), including the
25 date of submission, parties to whom the report is submitted,
26 and contents of the report, based upon the rules adopted by
27 the state land planning agency. Such rules shall specify the
28 scope of any additional local requirements that may be
29 necessary for the report.
30
31
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1 5. May specify the types of changes to the development
2 which shall require submission for a substantial deviation
3 determination under subsection (19).
4 6. Shall include a legal description of the property.
5 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
6 submit a biennial an annual report on the development of
7 regional impact to the local government, the regional planning
8 agency, the state land planning agency, and all affected
9 permit agencies in alternate years on the date specified in
10 the development order, unless the development order by its
11 terms requires more frequent monitoring. If the annual report
12 is not received, the regional planning agency or the state
13 land planning agency shall notify the local government. If
14 the local government does not receive the biennial annual
15 report or receives notification that the regional planning
16 agency or the state land planning agency has not received the
17 report, the local government shall request in writing that the
18 developer submit the report within 30 days. The failure to
19 submit the report after 30 days shall result in the temporary
20 suspension of the development order by the local government.
21 If no additional development pursuant to the development order
22 has occurred since the submission of the previous report, a
23 letter from the developer stating that no development has
24 occurred satisfies the requirement for a report. Development
25 orders that require annual reports may be amended to require
26 biennial reports at the option of the local government.
27 (19) SUBSTANTIAL DEVIATIONS.--
28 (a) Any proposed change to a previously approved
29 development which creates a reasonable likelihood of
30 additional regional impact, or any type of regional impact
31 created by the change not previously reviewed by the regional
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1 planning agency, shall constitute a substantial deviation and
2 shall cause the development to be subject to further
3 development-of-regional-impact review. There are a variety of
4 reasons why a developer may wish to propose changes to an
5 approved development of regional impact, including changed
6 market conditions. The procedures set forth in this
7 subsection are for that purpose.
8 (b) Any proposed change to a previously approved
9 development of regional impact or development order condition
10 which, either individually or cumulatively with other changes,
11 exceeds any of the following criteria shall constitute a
12 substantial deviation and shall cause the development to be
13 subject to further development-of-regional-impact review
14 without the necessity for a finding of same by the local
15 government:
16 1. An increase in the number of parking spaces at an
17 attraction or recreational facility by 5 percent or 300
18 spaces, whichever is greater, or an increase in the number of
19 spectators that may be accommodated at such a facility by 5
20 percent or 1,000 spectators, whichever is greater.
21 2. A new runway, a new terminal facility, a 25-percent
22 lengthening of an existing runway, or a 25-percent increase in
23 the number of gates of an existing terminal, but only if the
24 increase adds at least three additional gates. However, if an
25 airport is located in two counties, a 10-percent lengthening
26 of an existing runway or a 20-percent increase in the number
27 of gates of an existing terminal is the applicable criteria.
28 3. An increase in the number of hospital beds by 5
29 percent or 60 beds, whichever is greater.
30 4. An increase in industrial development area by 5
31 percent or 32 acres, whichever is greater.
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1 5. An increase in the average annual acreage mined by
2 5 percent or 10 acres, whichever is greater, or an increase in
3 the average daily water consumption by a mining operation by 5
4 percent or 300,000 gallons, whichever is greater. An increase
5 in the size of the mine by 5 percent or 750 acres, whichever
6 is less.
7 6. An increase in land area for office development by
8 5 percent or 6 acres, whichever is greater, or an increase of
9 gross floor area of office development by 5 percent or 60,000
10 gross square feet, whichever is greater.
11 7. An increase in the storage capacity for chemical or
12 petroleum storage facilities by 5 percent, 20,000 barrels, or
13 7 million pounds, whichever is greater.
14 8. An increase of development at a waterport of wet
15 storage for 20 watercraft, dry storage for 30 watercraft, or
16 wet/dry storage for 60 watercraft in an area identified in the
17 state marina siting plan as an appropriate site for additional
18 waterport development or a 5-percent increase in watercraft
19 storage capacity, whichever is greater.
20 8.9. An increase in the number of dwelling units by 5
21 percent or 50 dwelling units, whichever is greater.
22 9.10. An increase in commercial development by 6 acres
23 of land area or by 50,000 square feet of gross floor area, or
24 of parking spaces provided for customers for 300 cars or a
25 5-percent increase of either any of these, whichever is
26 greater.
27 10.11. An increase in hotel or motel facility units by
28 5 percent or 75 units, whichever is greater.
29 11.12. An increase in a recreational vehicle park area
30 by 5 percent or 100 vehicle spaces, whichever is less.
31
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1 12.13. A decrease in the area set aside for open space
2 of 5 percent or 20 acres, whichever is less.
3 13.14. A proposed increase to an approved multiuse
4 development of regional impact where the sum of the increases
5 of each land use as a percentage of the applicable substantial
6 deviation criteria is equal to or exceeds 100 percent. The
7 percentage of any decrease in the amount of open space shall
8 be treated as an increase for purposes of determining when 100
9 percent has been reached or exceeded.
10 14.15. A 15-percent increase in the number of external
11 vehicle trips generated by the development above that which
12 was projected during the original
13 development-of-regional-impact review.
14 15.16. Any change which would result in development of
15 any area which was specifically set aside in the application
16 for development approval or in the development order for
17 preservation or special protection of endangered or threatened
18 plants or animals designated as endangered, threatened, or
19 species of special concern and their habitat, primary dunes,
20 or archaeological and historical sites designated as
21 significant by the Division of Historical Resources of the
22 Department of State. The further refinement of such areas by
23 survey shall be considered under sub-subparagraph (e)5.b.
24
25 The substantial deviation numerical standards in subparagraphs
26 4., 6., 9. 10., 13. 14., excluding residential uses, and 14.
27 15., are increased by 100 percent for a project certified
28 under s. 403.973 which creates jobs and meets criteria
29 established by the Office of Tourism, Trade, and Economic
30 Development as to its impact on an area's economy, employment,
31 and prevailing wage and skill levels. The substantial
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1 deviation numerical standards in subparagraphs 4., 6., 8. 9.,
2 9. 10., 10. 11., and 13. 14. are increased by 50 percent for a
3 project located wholly within an urban infill and
4 redevelopment area designated on the applicable adopted local
5 comprehensive plan future land use map and not located within
6 the coastal high hazard area.
7 (c) An extension of the date of buildout of a
8 development, or any phase thereof, by 7 or more years shall be
9 presumed to create a substantial deviation subject to further
10 development-of-regional-impact review. An extension of the
11 date of buildout, or any phase thereof, of 5 years or more but
12 less than 7 years shall be presumed not to create a
13 substantial deviation. These presumptions may be rebutted by
14 clear and convincing evidence at the public hearing held by
15 the local government. An extension of less than 5 years is
16 not a substantial deviation. For the purpose of calculating
17 when a buildout, phase, or termination date has been exceeded,
18 the time shall be tolled during the pendency of administrative
19 or judicial proceedings relating to development permits. Any
20 extension of the buildout date of a project or a phase thereof
21 shall automatically extend the commencement date of the
22 project, the termination date of the development order, the
23 expiration date of the development of regional impact, and the
24 phases thereof by a like period of time.
25 (d) A change in the plan of development of an approved
26 development of regional impact resulting from requirements
27 imposed by the Department of Environmental Protection or any
28 water management district created by s. 373.069 or any of
29 their successor agencies or by any appropriate federal
30 regulatory agency shall be submitted to the local government
31 pursuant to this subsection. The change shall be presumed not
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1 to create a substantial deviation subject to further
2 development-of-regional-impact review. The presumption may be
3 rebutted by clear and convincing evidence at the public
4 hearing held by the local government.
5 (e)1. A proposed change which, either individually or,
6 if there were previous changes, cumulatively with those
7 changes, is equal to or exceeds 40 percent of any numerical
8 criterion in subparagraphs (b)1.-15., but which does not
9 exceed such criterion, shall be presumed not to create a
10 substantial deviation subject to further
11 development-of-regional-impact review. The presumption may be
12 rebutted by clear and convincing evidence at the public
13 hearing held by the local government pursuant to subparagraph
14 (f)5.
15 1.2. Except for a development order rendered pursuant
16 to subsection (22) or subsection (25), a proposed change to a
17 development order that individually or cumulatively with any
18 previous change is less than 40 percent of any numerical
19 criterion contained in subparagraphs (b)1.-14. (b)1.-15. and
20 does not exceed any other criterion, or that involves an
21 extension of the buildout date of a development, or any phase
22 thereof, of less than 5 years is not a substantial deviation,
23 is not subject to the public hearing requirements of
24 subparagraph (f)3., and is not subject to a determination
25 pursuant to subparagraph (f)5. Notice of the proposed change
26 shall be made to the regional planning council and the state
27 land planning agency. Such notice shall include a description
28 of previous individual changes made to the development,
29 including changes previously approved by the local government,
30 and shall include appropriate amendments to the development
31 order.
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1 2. The following changes, individually or cumulatively
2 with any previous changes, are not substantial deviations:
3 a. Changes in the name of the project, developer,
4 owner, or monitoring official.
5 b. Changes to a setback that do not affect noise
6 buffers, environmental protection or mitigation areas, or
7 archaeological or historical resources.
8 c. Changes to minimum lot sizes.
9 d. Changes in the configuration of internal roads that
10 do not affect external access points.
11 e. Changes to the building design or orientation that
12 stay approximately within the approved area designated for
13 such building and parking lot, and which do not affect
14 historical buildings designated as significant by the Division
15 of Historical Resources of the Department of State.
16 f. Changes to increase the acreage in the development,
17 provided that no development is proposed on the acreage to be
18 added.
19 g. Changes to eliminate an approved land use, provided
20 that there are no additional regional impacts.
21 h. Changes required to conform to permits approved by
22 any federal, state, or regional permitting agency, provided
23 that these changes do not create additional regional impacts.
24 i. Any other change which the state land planning
25 agency agrees in writing is similar in nature, impact, or
26 character to the changes enumerated in sub-subparagraphs a.-h.
27 and which does not create the likelihood of any additional
28 regional impact.
29
30 This subsection does not require a development order amendment
31 for any change listed in sub-subparagraphs a.-i. unless such
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1 issue is addressed either in the existing development order or
2 in the application for development approval, but, in the case
3 of the application, only if, and in the manner in which, the
4 application is incorporated in the development order.
5 3. Except for the change authorized by
6 sub-subparagraph 2.f., any addition of land not previously
7 reviewed or any change not specified in paragraph (b) or
8 paragraph (c) shall be presumed to create a substantial
9 deviation. This presumption may be rebutted by clear and
10 convincing evidence.
11 4. Any submittal of a proposed change to a previously
12 approved development shall include a description of individual
13 changes previously made to the development, including changes
14 previously approved by the local government. The local
15 government shall consider the previous and current proposed
16 changes in deciding whether such changes cumulatively
17 constitute a substantial deviation requiring further
18 development-of-regional-impact review.
19 5. The following changes to an approved development of
20 regional impact shall be presumed to create a substantial
21 deviation. Such presumption may be rebutted by clear and
22 convincing evidence.
23 a. A change proposed for 15 percent or more of the
24 acreage to a land use not previously approved in the
25 development order. Changes of less than 15 percent shall be
26 presumed not to create a substantial deviation.
27 b. Except for the types of uses listed in subparagraph
28 (b)16., any change which would result in the development of
29 any area which was specifically set aside in the application
30 for development approval or in the development order for
31 preservation, buffers, or special protection, including
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1 habitat for plant and animal species, archaeological and
2 historical sites, dunes, and other special areas.
3 c. Notwithstanding any provision of paragraph (b) to
4 the contrary, a proposed change consisting of simultaneous
5 increases and decreases of at least two of the uses within an
6 authorized multiuse development of regional impact which was
7 originally approved with three or more uses specified in s.
8 380.0651(3)(c), (d), (f), and (g) and residential use.
9 (f)1. The state land planning agency shall establish
10 by rule standard forms for submittal of proposed changes to a
11 previously approved development of regional impact which may
12 require further development-of-regional-impact review. At a
13 minimum, the standard form shall require the developer to
14 provide the precise language that the developer proposes to
15 delete or add as an amendment to the development order.
16 2. The developer shall submit, simultaneously, to the
17 local government, the regional planning agency, and the state
18 land planning agency the request for approval of a proposed
19 change.
20 3. No sooner than 30 days but no later than 45 days
21 after submittal by the developer to the local government, the
22 state land planning agency, and the appropriate regional
23 planning agency, the local government shall give 15 days'
24 notice and schedule a public hearing to consider the change
25 that the developer asserts does not create a substantial
26 deviation. This public hearing shall be held within 90 days
27 after submittal of the proposed changes, unless that time is
28 extended by the developer.
29 4. The appropriate regional planning agency or the
30 state land planning agency shall review the proposed change
31 and, no later than 45 days after submittal by the developer of
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1 the proposed change, unless that time is extended by the
2 developer, and prior to the public hearing at which the
3 proposed change is to be considered, shall advise the local
4 government in writing whether it objects to the proposed
5 change, shall specify the reasons for its objection, if any,
6 and shall provide a copy to the developer. A change which is
7 subject to the substantial deviation criteria specified in
8 sub-subparagraph (e)5.c. shall not be subject to this
9 requirement.
10 5. At the public hearing, the local government shall
11 determine whether the proposed change requires further
12 development-of-regional-impact review. The provisions of
13 paragraphs (a) and (e), the thresholds set forth in paragraph
14 (b), and the presumptions set forth in paragraphs (c) and (d)
15 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
16 applicable in determining whether further
17 development-of-regional-impact review is required.
18 6. If the local government determines that the
19 proposed change does not require further
20 development-of-regional-impact review and is otherwise
21 approved, or if the proposed change is not subject to a
22 hearing and determination pursuant to subparagraphs 3. and 5.
23 and is otherwise approved, the local government shall issue an
24 amendment to the development order incorporating the approved
25 change and conditions of approval relating to the change. The
26 decision of the local government to approve, with or without
27 conditions, or to deny the proposed change that the developer
28 asserts does not require further review shall be subject to
29 the appeal provisions of s. 380.07. However, the state land
30 planning agency may not appeal the local government decision
31 if it did not comply with subparagraph 4. The state land
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1 planning agency may not appeal a change to a development order
2 made pursuant to subparagraph (e)2. for developments of
3 regional impact approved after January 1, 1980, unless the
4 change would result in a significant impact to a regionally
5 significant archaeological, historical, or natural resource
6 not previously identified in the original
7 development-of-regional-impact review.
8 (g) If a proposed change requires further
9 development-of-regional-impact review pursuant to this
10 section, the review shall be conducted subject to the
11 following additional conditions:
12 1. The development-of-regional-impact review conducted
13 by the appropriate regional planning agency shall address only
14 those issues raised by the proposed change except as provided
15 in subparagraph 2.
16 2. The regional planning agency shall consider, and
17 the local government shall determine whether to approve,
18 approve with conditions, or deny the proposed change as it
19 relates to the entire development. If the local government
20 determines that the proposed change, as it relates to the
21 entire development, is unacceptable, the local government
22 shall deny the change.
23 3. If the local government determines that the
24 proposed change, as it relates to the entire development,
25 should be approved, any new conditions in the amendment to the
26 development order issued by the local government shall address
27 only those issues raised by the proposed change.
28 4. Development within the previously approved
29 development of regional impact may continue, as approved,
30 during the development-of-regional-impact review in those
31
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1 portions of the development which are not affected by the
2 proposed change.
3 (h) When further development-of-regional-impact review
4 is required because a substantial deviation has been
5 determined or admitted by the developer, the amendment to the
6 development order issued by the local government shall be
7 consistent with the requirements of subsection (15) and shall
8 be subject to the hearing and appeal provisions of s. 380.07.
9 The state land planning agency or the appropriate regional
10 planning agency need not participate at the local hearing in
11 order to appeal a local government development order issued
12 pursuant to this paragraph.
13 (24) STATUTORY EXEMPTIONS.--
14 (i) Any proposal to increase development at a
15 waterport is exempt from the provisions of this section,
16 unless such proposed development is located within a county
17 identified in s. 370.12(2)(f). Such county shall be exempt
18 after a manatee protection plan has been adopted by the county
19 and submitted for approval to the Fish and Wildlife
20 Conservation Commission, or on October 1, 2002, whichever is
21 earlier.
22 Section 29. Paragraphs (d) and (f) of subsection (3)
23 of section 380.0651, Florida Statutes, are amended to read:
24 380.0651 Statewide guidelines and standards.--
25 (3) The following statewide guidelines and standards
26 shall be applied in the manner described in s. 380.06(2) to
27 determine whether the following developments shall be required
28 to undergo development-of-regional-impact review:
29 (d) Office development.--Any proposed office building
30 or park operated under common ownership, development plan, or
31 management that:
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1 1. Encompasses 300,000 or more square feet of gross
2 floor area; or
3 2. Has a total site size of 30 or more acres; or
4 2.3. Encompasses more than 600,000 square feet of
5 gross floor area in a county with a population greater than
6 500,000 and only in a geographic area specifically designated
7 as highly suitable for increased threshold intensity in the
8 approved local comprehensive plan and in the strategic
9 regional policy plan.
10 (f) Retail and service development.--Any proposed
11 retail, service, or wholesale business establishment or group
12 of establishments which deals primarily with the general
13 public onsite, operated under one common property ownership,
14 development plan, or management that:
15 1. Encompasses more than 400,000 square feet of gross
16 area; or
17 2. Occupies more than 40 acres of land; or
18 2.3. Provides parking spaces for more than 2,500 cars.
19 Section 30. Requirement of interlocal service
20 provision agreements.--
21 (1) By January 1, 2005, counties having a population
22 over 100,000 shall negotiate and adopt a service-delivery
23 interlocal agreement with all of the municipalities within the
24 county, with those special districts providing a service
25 listed in paragraph (a), and with the school district which:
26 (a) Identifies the current providers of the following
27 services; education, sanitary sewer, public safety, solid
28 waste, drainage, potable water, parks and recreation, and
29 transportation facilities.
30 (b) Describes the existing organization of such
31 services and the means of financing such services and
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1 designates the entities that will provide the services over
2 the next 20 years, including any anticipated changes caused by
3 annexation.
4 (c) Identifies any deficits in the provision of
5 services and prescribes a 5-year capital outlay plan for the
6 provision of deficit infrastructure.
7 (d) Identifies opportunities for the joint financing
8 of capital outlay projects.
9 (e) Identifies any areas that the municipalities plan
10 to annex within the next 5 years and establishes a plan for
11 service delivery within the areas to be annexed or a process
12 for resolving service-delivery issues associated with
13 annexation.
14 (f) Provides specific procedures for amending the
15 interlocal agreement.
16 (2) Each county and municipality shall submit a copy
17 of its interlocal agreement to the Department of Community
18 Affairs by February 15, 2005.
19 (3) The regional planning councils may provide
20 technical assistance and dispute-resolution services to assist
21 local governments in complying with this section.
22 Section 31. The sum of $500,000 is appropriated from
23 the General Revenue Fund to the Department of Community
24 Affairs for the purpose of funding the Urban Infill and
25 Redevelopment Assistance Grant Program established under
26 section 163.2523, Florida Statutes, during the 2001-2002
27 fiscal year.
28 Section 32. The Legislature finds that the integration
29 of the growth-management system and the planning of public
30 educational facilities is a matter of great public importance.
31
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1 Section 33. (1) The Legislative Committee on
2 Intergovernmental Relations is directed to conduct a study of
3 the existing bonding capacity of counties, municipalities, and
4 school boards. The study shall include, but is not limited to:
5 possible methods of strengthening their credit ratings and
6 interest rates; feasibility of increasing their borrowing
7 capacity to the extent of their authorized millage or revenue;
8 and more flexible use of bond proceeds, especially for small
9 municipalities and counties.
10 (2) The Legislative Committee on Intergovernmental
11 Relations is required to report its findings and
12 recommendations to the Governor and Legislature by January 1,
13 2002. The recommendations must specifically include proposed
14 legislation, if applicable, for additional county,
15 municipality, and school board bonding capacity.
16 Section 34. Notwithstanding, any law to the contrary,
17 a multi-county airport authority created as an independent
18 special district may not amend its
19 development-of-regional-impact development order or commence
20 development of airport infrastructure improvements authorized
21 by such development order until after full compliance with
22 development order commitments to acquire property from or
23 otherwise mitigate property owners adversely affected by such
24 development.
25 Section 35. (1) This act does not abridge or modify
26 any vested or other right or any duty or obligation pursuant
27 to any development order or agreement which is applicable to a
28 development of regional impact on the effective date of this
29 act. A marina that has received a
30 development-of-regional-impact development order pursuant to
31 section 380.06, Florida Statutes, but is no longer required to
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1 undergo development-of-regional-impact review by operation of
2 this act, shall be governed by the following procedures:
3 (a) The development shall continue to be governed by
4 the development-of-regional-impact development order, and may
5 be completed in reliance upon and pursuant to the development
6 order. The development-of-regional-impact development order
7 may be enforced by the local government as provided by
8 sections 380.06(17) and 380.11, Florida Statutes.
9 (b) If requested by the developer or landowner, the
10 development-of-regional-impact development order may be
11 amended or rescinded by the local government consistent with
12 the local comprehensive plan and land development regulations,
13 and pursuant to the local government procedures governing
14 local development orders.
15 (2) A marina with an application for development
16 approval pending on the effective date of this act or a
17 notification of proposed change pending on the effective date
18 of this act may elect to continue such review pursuant to
19 section 380.06, Florida Statutes. At the conclusion of the
20 pending review, including any appeals pursuant to section
21 380.07, Florida Statutes, the resulting development order
22 shall be governed by the provisions of subsection (1).
23 Section 36. Except as otherwise expressly provided in
24 this act, this act shall take effect upon becoming a law.
25
26
27
28
29
30
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS for CS for 310 and 380
3
4 This committee substitute does the following:
5 - Provides for appointments of school board members to
Regional Planning Council(RPC).
6
- Adds acquisition to the purposes for which the district
7 school tax authorized by s. 236.25 may be used.
8 - Amends s. 236.25, F.S., related to district school tax,
to allow additional millage to be levied, by referendum,
9 for school operational purposes up to an amount that,
when combined with nonvoted millage, does not exceed 10
10 mils.
11 - Restores language that local governments within counties
not captured by population threshold must adopt
12 educational facilities element by January 1, 2007.
13 - Provides sanctions if local governments fail to meet
educational element, interlocal agreement and school
14 board fails to adopt school facilities plan. Requires
mediation if impasse on the negotiation of the
15 negotiation of the interlocal agreement.
16 - Deletes section 14 of the bill which granted cities and
counties the ability to bond a greater percentage of
17 their revenue-sharing proceeds.
18 - Deletes section 29 of the bill which created the School
District Guaranty Program to provide optional state and
19 local backing of certificates of participation.
20 - Requires the Legislative Committee on Intergovernmental
Relations to conduct a study of existing bonding
21 capacities of counties, municipalities, and school
boards. Report due to the Governor and Legislature by
22 January 1, 2002.
23 - Prohibits a multi-county airport authority created as an
independent special district from amending its
24 development of regional impact development order or
commencing development order until after full compliance
25 with commitments to acquire property from or otherwise
mitigate property owners adversely affected by such
26 development.
27 - Exempts certain marinas from Development of Regional
Impact review.
28
- Eliminates the authority for certain municipalities to
29 impose an infrastructure surtax.
30
31
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