CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356

                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________

11  Senator Constantine moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 17, between lines 26 and 27,

15

16  insert:

17         Section 10.  Subsection (1) of section 163.3174,

18  Florida Statutes, is amended to read:

19         163.3174  Local planning agency.--

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

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

22  shall designate and by ordinance establish a "local planning

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

24  Notwithstanding any special act to the contrary, all local

25  planning agencies or equivalent agencies that first review

26  rezoning and comprehensive plan amendments in each

27  municipality and county shall include a representative of the

28  school district appointed by the school board as a nonvoting

29  member of the local planning agency or equivalent agency to

30  attend those meetings at which the agency considers

31  comprehensive plan amendments and rezonings that would, if

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  approved, increase residential density on the property that is

  2  the subject of the application. However, this subsection does

  3  not prevent the governing body of the local government from

  4  granting voting status to the school board member. The

  5  governing body may designate itself as the local planning

  6  agency pursuant to this subsection with the addition of a

  7  nonvoting school board representative. The governing body

  8  shall notify the state land planning agency of the

  9  establishment of its local planning agency. All local planning

10  agencies shall provide opportunities for involvement by

11  district school boards and applicable community college

12  boards, which may be accomplished by formal representation,

13  membership on technical advisory committees, or other

14  appropriate means. The local planning agency shall prepare the

15  comprehensive plan or plan amendment after hearings to be held

16  after public notice and shall make recommendations to the

17  governing body regarding the adoption or amendment of the

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

19  planning department of the local government, or other

20  instrumentality, including a countywide planning entity

21  established by special act or a council of local government

22  officials created pursuant to s. 163.02, provided the

23  composition of the council is fairly representative of all the

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

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

26  effective date of this act which authorizes the governing

27  bodies to adopt and enforce a land use plan effective

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

29  agency for those local governments until such time as the

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  responsibility between the county and the several

  2  municipalities therein shall be as stipulated in the charter.

  3         Section 11.  Subsection (4) and paragraphs (a), (c),

  4  (d), and (h) of subsection (6) of section 163.3177, Florida

  5  Statutes, are amended to read:

  6         163.3177  Required and optional elements of

  7  comprehensive plan; studies and surveys.--

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

  9  with the comprehensive plans of adjacent municipalities, the

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

11  water management district's regional water supply plans

12  approved pursuant to s. 373.0361; with adopted rules

13  pertaining to designated areas of critical state concern; and

14  with the state comprehensive plan shall be a major objective

15  of the local comprehensive planning process.  To that end, in

16  the preparation of a comprehensive plan or element thereof,

17  and in the comprehensive plan or element as adopted, the

18  governing body shall include a specific policy statement

19  indicating the relationship of the proposed development of the

20  area to the comprehensive plans of adjacent municipalities,

21  the county, adjacent counties, or the region and to the state

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

23  adopted plans or plans in preparation may exist.

24         (b)  When all or a portion of the land in a local

25  government jurisdiction is or becomes part of a designated

26  area of critical state concern, the local government shall

27  clearly identify those portions of the local comprehensive

28  plan that shall be applicable to the critical area and shall

29  indicate the relationship of the proposed development of the

30  area to the rules for the area of critical state concern.

31         (6)  In addition to the requirements of subsections

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





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

  2  elements:

  3         (a)  A future land use plan element designating

  4  proposed future general distribution, location, and extent of

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

  6  industry, agriculture, recreation, conservation, education,

  7  public buildings and grounds, other public facilities, and

  8  other categories of the public and private uses of land. Each

  9  The future land use category must be defined in terms of uses

10  included and must plan shall include standards to be followed

11  in the control and distribution of population densities and

12  building and structure intensities.  The proposed

13  distribution, location, and extent of the various categories

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

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

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

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

18  density or intensity of use. The future land use plan shall be

19  based upon surveys, studies, and data regarding the area,

20  including the amount of land required to accommodate

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

22  character of undeveloped land; the availability of public

23  services; the need for redevelopment, including the renewal of

24  blighted areas and the elimination of nonconforming uses which

25  are inconsistent with the character of the community; and, in

26  rural communities, the need for job creation, capital

27  investment, and economic development that will strengthen and

28  diversify the community's economy. The future land use plan

29  may designate areas for future planned development use

30  involving combinations of types of uses for which special

31  regulations may be necessary to ensure development in accord

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  with the principles and standards of the comprehensive plan

  2  and this act. In addition, for rural communities, the amount

  3  of land designated for future planned industrial use shall be

  4  based upon surveys and studies that reflect the need for job

  5  creation, capital investment, and the necessity to strengthen

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

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

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

  9  possible future municipal incorporation. The land use maps or

10  map series shall generally identify and depict historic

11  district boundaries and shall designate historically

12  significant properties meriting protection.  The future land

13  use element must clearly identify the land use categories in

14  which public schools are an allowable use.  When delineating

15  the land use categories in which public schools are an

16  allowable use, a local government shall include in the

17  categories sufficient land proximate to residential

18  development to meet the projected needs for schools in

19  coordination with public school boards and may establish

20  differing criteria for schools of different type or size.

21  Each local government shall include lands contiguous to

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

23  the land use categories in which public schools are an

24  allowable use. All comprehensive plans must comply with the

25  school siting requirements of this paragraph no later than

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

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

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

29  amend the local comprehensive plan, except for plan amendments

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

31  requirements are met. Amendments An amendment proposed by a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  local government for purposes of identifying the land use

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

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

  4  163.31776(3) are is exempt from the limitation on the

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

  6  future land use element shall include criteria that which

  7  encourage the location of schools proximate to urban

  8  residential areas to the extent possible and shall require

  9  that the local government seek to collocate public facilities,

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

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

12  schools as focal points for neighborhoods. For schools serving

13  predominantly rural counties, defined as a county with a

14  population of 100,000 or fewer, an agricultural land use

15  category shall be eligible for the location of public school

16  facilities if the local comprehensive plan contains school

17  siting criteria and the location is consistent with such

18  criteria.

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

20  potable water, and natural groundwater aquifer recharge

21  element correlated to principles and guidelines for future

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

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

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

25  detailed engineering plan including a topographic map

26  depicting areas of prime groundwater recharge. The element

27  shall describe the problems and needs and the general

28  facilities that will be required for solution of the problems

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

30  depicting any areas adopted by a regional water management

31  district as prime groundwater recharge areas for the Floridan

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





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

  2  shall be given special consideration when the local government

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

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

  5  surveys shall be provided which indicate the suitability of

  6  soils for septic tanks. By January 1, 2005, or the Evaluation

  7  and Appraisal Report adoption deadline established for the

  8  local government pursuant to s. 163.3191(a), whichever date

  9  occurs first, the element must consider the appropriate water

10  management district's regional water supply plan approved

11  pursuant to s. 373.0361. The element must include a workplan,

12  covering at least a 10-year planning period, for building

13  water supply facilities that are identified in the element as

14  necessary to serve existing and new development and for which

15  the local government is responsible.

16         (d)  A conservation element for the conservation, use,

17  and protection of natural resources in the area, including

18  air, water, water recharge areas, wetlands, waterwells,

19  estuarine marshes, soils, beaches, shores, flood plains,

20  rivers, bays, lakes, harbors, forests, fisheries and wildlife,

21  marine habitat, minerals, and other natural and environmental

22  resources.  Local governments shall assess their current, as

23  well as projected, water needs and sources for at least a

24  10-year period, considering the appropriate regional water

25  supply plan approved pursuant to s. 373.0361, or, in the

26  absence of an approved regional water supply plan, the

27  district water management plan approved pursuant to s.

28  373.036(2).  This information shall be submitted to the

29  appropriate agencies.  The land use map or map series

30  contained in the future land use element shall generally

31  identify and depict the following:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1         1.  Existing and planned waterwells and cones of

  2  influence where applicable.

  3         2.  Beaches and shores, including estuarine systems.

  4         3.  Rivers, bays, lakes, flood plains, and harbors.

  5         4.  Wetlands.

  6         5.  Minerals and soils.

  7

  8  The land uses identified on such maps shall be consistent with

  9  applicable state law and rules.

10         (h)1.  An intergovernmental coordination element

11  showing relationships and stating principles and guidelines to

12  be used in the accomplishment of coordination of the adopted

13  comprehensive plan with the plans of school boards and other

14  units of local government providing services but not having

15  regulatory authority over the use of land, with the

16  comprehensive plans of adjacent municipalities, the county,

17  adjacent counties, or the region, and with the state

18  comprehensive plan and with the applicable regional water

19  supply plan approved pursuant to s. 373.0361, as the case may

20  require and as such adopted plans or plans in preparation may

21  exist.  This element of the local comprehensive plan shall

22  demonstrate consideration of the particular effects of the

23  local plan, when adopted, upon the development of adjacent

24  municipalities, the county, adjacent counties, or the region,

25  or upon the state comprehensive plan, as the case may require.

26         a.  The intergovernmental coordination element shall

27  provide for procedures to identify and implement joint

28  planning areas, especially for the purpose of annexation,

29  municipal incorporation, and joint infrastructure service

30  areas.

31         b.  The intergovernmental coordination element shall

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  provide for recognition of campus master plans prepared

  2  pursuant to s. 240.155.

  3         c.  The intergovernmental coordination element may

  4  provide for a voluntary dispute resolution process as

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

  6  a timely manner intergovernmental disputes.  A local

  7  government may develop and use an alternative local dispute

  8  resolution process for this purpose.

  9         2.  The intergovernmental coordination element shall

10  further state principles and guidelines to be used in the

11  accomplishment of coordination of the adopted comprehensive

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

13  government providing facilities and services but not having

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

15  intergovernmental coordination element shall describe joint

16  processes for collaborative planning and decisionmaking on

17  population projections and public school siting, the location

18  and extension of public facilities subject to concurrency, and

19  siting facilities with countywide significance, including

20  locally unwanted land uses whose nature and identity are

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

22  intergovernmental coordination elements, each county, all the

23  municipalities within that county, the district school board,

24  and any unit of local government service providers in that

25  county shall establish by interlocal or other formal agreement

26  executed by all affected entities, the joint processes

27  described in this subparagraph consistent with their adopted

28  intergovernmental coordination elements.

29         3.  To foster coordination between special districts

30  and local general-purpose governments as local general-purpose

31  governments implement local comprehensive plans, each

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  independent special district must submit a public facilities

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

  3  189.415.

  4         4.a.  Local governments adopting a public educational

  5  facilities element pursuant to s. 163.31776 must execute an

  6  interlocal agreement with the district school board, the

  7  county, and nonexempt municipalities, as defined by s.

  8  163.31776(1), which includes the items listed in s.

  9  163.31777(2). The local government shall amend the

10  intergovernmental coordination element to provide that

11  coordination between the local government and school board is

12  pursuant to the agreement and shall state the obligations of

13  the local government under the agreement.

14         b.  Plan amendments that comply with this subparagraph

15  are exempt from the provisions of s. 163.3187(1).

16         5.  The state land planning agency shall establish a

17  schedule for phased completion and transmittal of plan

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

19  jurisdictions so as to accomplish their adoption by December

20  31, 1999.  A local government may complete and transmit its

21  plan amendments to carry out these provisions prior to the

22  scheduled date established by the state land planning agency.

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

24  163.3187(1).

25         6.  By January 1, 2004, any county having a population

26  greater than 100,000, and the municipalities and special

27  districts within that county, shall submit a report to the

28  Department of Community Affairs which:

29         a.  Identifies all existing or proposed interlocal

30  service-delivery agreements regarding the following:

31  education; sanitary sewer; public safety; solid waste;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  drainage; potable water; parks and recreation; and

  2  transportation facilities.

  3         b.  Identifies any deficits or duplication in the

  4  provision of services within its jurisdiction, whether capital

  5  or operational. Upon request, the Department of Community

  6  Affairs shall provide technical assistance to the local

  7  governments in identifying deficits or duplication.

  8         7.  Within 6 months after submission of the report, the

  9  Department of Community Affairs shall, through the appropriate

10  regional planning council, coordinate a meeting of all local

11  governments within the regional planning area to discuss the

12  reports and potential strategies to remedy any identified

13  deficiencies or duplications.

14         8.  Each local government shall update its

15  intergovernmental coordination element based upon the findings

16  in the report submitted pursuant to subparagraph 6. The report

17  may be used as supporting data and analysis for the

18  intergovernmental coordination element.

19         9.  By February 1, 2003, representatives of

20  municipalities, counties, and special districts shall provide

21  to the Legislature recommended statutory changes for

22  annexation, including any changes that address the delivery of

23  local government services in areas planned for annexation.

24         Section 12.  Section 163.31775, Florida Statutes, is

25  repealed.

26         Section 13.  Section 163.31776, Florida Statutes, is

27  created to read:

28         163.31776  Public educational facilities element.--

29         (1)  A county, in conjunction with the municipalities

30  within the county, may adopt an optional public educational

31  facilities element in cooperation with the applicable school

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  district. In order to enact an optional public educational

  2  facilities element, the county and each municipality, unless

  3  the municipality is exempt as defined in this subsection, must

  4  adopt a consistent public educational facilities element and

  5  enter the interlocal agreement pursuant to ss.

  6  163.3177(6)(h)4. and 163.31777(2). A municipality is exempt if

  7  it has no established need for a new school facility and it

  8  meets the following criteria:

  9         (a)  The municipality has no public schools located

10  within its boundaries; and

11         (b)  The district school board's 5-year facilities work

12  program and the long-term 10-year work program, as provided in

13  s. 235.185, demonstrate that no new school facility is needed

14  in the municipality. In addition, the district school board

15  must verify in writing that no new school facility will be

16  needed in the municipality within the 5-year and 10-year

17  timeframes.

18         (2)  The public educational facilities element must be

19  based on data and analysis, including the interlocal agreement

20  defined by ss. 163.3177(6)(h)4. and 163.31777(2), and on the

21  educational facilities plan required by s. 235.185. Each local

22  government public educational facilities element within a

23  county must be consistent with the other elements and must

24  address:

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

26  addressing improvements to infrastructure, safety, and

27  community conditions in areas proximate to existing public

28  schools.

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

30  infrastructure necessary to support proposed schools,

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

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                                                  SENATE AMENDMENT

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

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

  3  signalization.

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

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

  6  public schools.

  7         (d)  Location of schools proximate to residential areas

  8  and to complement patterns of development, including using

  9  elementary schools as focal points for neighborhoods.

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

11  shelters.

12         (f)  Consideration of the existing and planned capacity

13  of public schools when reviewing comprehensive plan amendments

14  and rezonings that are likely to increase residential

15  development and that are reasonably expected to have an impact

16  on the demand for public school facilities, with the review to

17  be based on uniform, level-of-service standards, availability

18  standards for public schools, and the financially feasible

19  5-year district facilities work program adopted by the school

20  board pursuant to s. 235.185.

21         (g)  A uniform methodology for determining school

22  capacity consistent with the interlocal agreement entered

23  pursuant to ss. 163.3177(6)(h)4. and 163.31777(2).

24         (3)  The future land-use map series must incorporate

25  maps that are the result of a collaborative process for

26  identifying school sites in the educational facilities plan

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

28  show the locations of existing public schools and the general

29  locations of improvements to existing schools or new schools

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

31  periods, or such maps must constitute data and analysis in

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  support of the future land-use map series. Maps indicating

  2  general locations of future schools or school improvements

  3  should not prescribe a land use on a particular parcel of

  4  land.

  5         (4)  The process for adopting a public educational

  6  facilities element is as provided in s. 163.3184. The state

  7  land planning agency shall submit a copy of the proposed pubic

  8  school facilities element pursuant to the procedures outlined

  9  in s. 163.3184(4) to the Office of Educational Facilities and

10  SMART Schools Clearinghouse of the Commissioner of Education

11  for review and comment.

12         (5)  Plan amendments to adopt a public educational

13  facilities element are exempt from the provisions of s.

14  163.3187(1).

15         Section 14.  Section 163.31777, Florida Statutes, is

16  created to read:

17         163.31777  Public schools interlocal agreement.--

18         (1)(a)  The county and municipalities located within

19  the geographic area of a school district shall enter into an

20  interlocal agreement with the district school board which

21  jointly establishes the specific ways in which the plans and

22  processes of the district school board and the local

23  governments are to be coordinated. The interlocal agreements

24  shall be submitted to the state land planning agency and the

25  Office of Educational Facilities and the SMART Schools

26  Clearinghouse in accordance with a schedule published by the

27  state land planning agency.

28         (b)  The schedule must establish staggered due dates

29  for submission of interlocal agreements that are executed by

30  both the local government and the district school board,

31  commencing on March 1, 2003, and concluding by December 1,

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                                                  SENATE AMENDMENT

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  1  2004, and must set the same date for all governmental entities

  2  within a school district. However, if the county where the

  3  school district is located contains more than 20

  4  municipalities, the state land planning agency may establish

  5  staggered due dates for the submission of interlocal

  6  agreements by these municipalities. The schedule must begin

  7  with those areas where both the number of districtwide

  8  capital-outlay full-time-equivalent students equals 80 percent

  9  or more of the current year's school capacity and the

10  projected 5-year student growth is 1,000 or greater, or where

11  the projected 5-year student growth rate is 10 percent or

12  greater.

13         (c)  If the student population has declined over the

14  5-year period preceding the due date for submittal of an

15  interlocal agreement by the local government and the district

16  school board, the local government and the district school

17  board may petition the state land planning agency for a waiver

18  of one or more requirements of subsection (2). The waiver must

19  be granted if the procedures called for in subsection (2) are

20  unnecessary because of the school district's declining school

21  age population, considering the district's 5-year facilities

22  work program prepared pursuant to s. 235.185. The state land

23  planning agency may modify or revoke the waiver upon a finding

24  that the conditions upon which the waiver was granted no

25  longer exist. The district school board and local governments

26  must submit an interlocal agreement within 1 year after

27  notification by the state land planning agency that the

28  conditions for a waiver no longer exist.

29         (d)  Interlocal agreements between local governments

30  and district school boards adopted pursuant to s. 163.3177

31  before the effective date of this section must be updated and

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  executed pursuant to the requirements of this section, if

  2  necessary. Amendments to interlocal agreements adopted

  3  pursuant to this section must be submitted to the state land

  4  planning agency within 30 days after execution by the parties

  5  for review consistent with this section. Local governments and

  6  the district school board in each school district are

  7  encouraged to adopt a single interlocal agreement to which all

  8  join as parties. The state land planning agency shall assemble

  9  and make available model interlocal agreements meeting the

10  requirements of this section and notify local governments and,

11  jointly with the Department of Education, the district school

12  boards of the requirements of this section, the dates for

13  compliance, and the sanctions for noncompliance. The state

14  land planning agency shall be available to informally review

15  proposed interlocal agreements. If the state land planning

16  agency has not received a proposed interlocal agreement for

17  informal review, the state land planning agency shall, at

18  least 60 days before the deadline for submission of the

19  executed agreement, renotify the local government and the

20  district school board of the upcoming deadline and the

21  potential for sanctions.

22         (2)  At a minimum, the interlocal agreement must

23  address the following issues:

24         (a)  A process by which each local government and the

25  district school board agree and base their plans on consistent

26  projections of the amount, type, and distribution of

27  population growth and student enrollment. The geographic

28  distribution of jurisdiction-wide growth forecasts is a major

29  objective of the process.

30         (b)  A process to coordinate and share information

31  relating to existing and planned public school facilities,

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                                                  SENATE AMENDMENT

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  1  including school renovations and closures, and local

  2  government plans for development and redevelopment.

  3         (c)  Participation by affected local governments with

  4  the district school board in the process of evaluating

  5  potential school closures, significant renovations to existing

  6  schools, and new school site selection before land

  7  acquisition. Local governments shall advise the district

  8  school board as to the consistency of the proposed closure,

  9  renovation, or new site with the local comprehensive plan,

10  including appropriate circumstances and criteria under which a

11  district school board may request an amendment to the

12  comprehensive plan for school siting.

13         (d)  A process for determining the need for and timing

14  of on-site and off-site improvements to support new, proposed

15  expansion, or redevelopment of existing schools. The process

16  must address identification of the party or parties

17  responsible for the improvements.

18         (e)  A process for the school board to inform the local

19  government regarding school capacity. The capacity reporting

20  must be consistent with laws and rules relating to measurement

21  of school facility capacity and must also identify how the

22  district school board will meet the public school demand based

23  on the facilities work program adopted pursuant to s. 235.185.

24         (f)  Participation of the local governments in the

25  preparation of the annual update to the district school

26  board's 5-year district facilities work program and

27  educational plant survey prepared pursuant to s. 235.185.

28         (g)  A process for determining where and how joint use

29  of either school board or local government facilities can be

30  shared for mutual benefit and efficiency.

31         (h)  A procedure for the resolution of disputes between

                                  17
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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  the district school board and local governments, which may

  2  include the dispute-resolution processes contained in chapters

  3  164 and 186.

  4         (i)  An oversight process, including an opportunity for

  5  public participation, for the implementation of the interlocal

  6  agreement.

  7

  8  A signatory to the interlocal agreement may elect not to

  9  include a provision meeting the requirements of paragraph (e);

10  however, such a decision may be made only after a public

11  hearing on such election, which may include the public hearing

12  in which a district school board or a local government adopts

13  the interlocal agreement. An interlocal agreement entered into

14  pursuant to this section must be consistent with the adopted

15  comprehensive plan and land development regulations of any

16  local government that is a signatory.

17         (3)(a)  The Office of Educational Facilities and SMART

18  Schools Clearinghouse shall submit any comments or concerns

19  regarding the executed interlocal agreement to the state land

20  planning agency within 30 days after receipt of the executed

21  interlocal agreement. The state land planning agency shall

22  review the executed interlocal agreement to determine whether

23  it is consistent with the requirements of subsection (2), the

24  adopted local government comprehensive plan, and other

25  requirements of law. Within 60 days after receipt of an

26  executed interlocal agreement, the state land planning agency

27  shall publish a notice of intent in the Florida Administrative

28  Weekly and shall post a copy of the notice on the agency's

29  Internet site. The notice of intent must state whether the

30  interlocal agreement is consistent or inconsistent with the

31  requirements of subsection (2) and this subsection, as

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                                                  SENATE AMENDMENT

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  1  appropriate.

  2         (b)  The state land planning agency's notice is subject

  3  to challenge under chapter 120; however, an affected person,

  4  as defined in 163.3184(1)(a), has standing to initiate the

  5  administrative proceeding, and this proceeding is the sole

  6  means available to challenge the consistency of an interlocal

  7  agreement required by this section with the criteria contained

  8  in subsection (2) and this subsection. In order to have

  9  standing, each person must have submitted oral or written

10  comments, recommendations, or objections to the local

11  government or the school board before the adoption of the

12  interlocal agreement by the school board and local government.

13  The district school board and local governments are parties to

14  any such proceeding. In this proceeding, when the state land

15  planning agency finds the interlocal agreement to be

16  consistent with the criteria in subsection (2) and this

17  subsection, the interlocal agreement shall be determined to be

18  consistent with subsection (2) and this subsection if the

19  local government's and school board's determination of

20  consistency is fairly debatable. When the state planning

21  agency finds the interlocal agreement to be inconsistent with

22  the requirements of subsection (2) and this subsection, the

23  local government's and school board's determination of

24  consistency shall be sustained unless it is shown by a

25  preponderance of the evidence that the interlocal agreement is

26  inconsistent.

27         (c)  If the state land planning agency enters a final

28  order that finds that the interlocal agreement is inconsistent

29  with the requirements of subsection (2) or this subsection, it

30  shall forward it to the Administration Commission, which may

31  impose sanctions against the local government pursuant to s.

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                                                  SENATE AMENDMENT

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  1  163.3184(11) and may impose sanctions against the district

  2  school board by directing the Department of Education to

  3  withhold from the district school board an equivalent amount

  4  of funds for school construction available pursuant to ss.

  5  235.187, 235.216, 235.2195, and 235.42.

  6         (4)  If an executed interlocal agreement is not timely

  7  submitted to the state land planning agency for review, the

  8  state land planning agency shall, within 15 working days after

  9  the deadline for submittal, issue to the local government and

10  the district school board a Notice to Show Cause why sanctions

11  should not be imposed for failure to submit an executed

12  interlocal agreement by the deadline established by the

13  agency. The agency shall forward the notice and the responses

14  to the Administration Commission, which may enter a final

15  order citing the failure to comply and imposing sanctions

16  against the local government and district school board by

17  directing the appropriate agencies to withhold at least 5

18  percent of state funds pursuant to s. 163.3184(11) and by

19  directing the Department of Education to withhold from the

20  district school board at least 5 percent of funds for school

21  construction available pursuant to ss. 235.187, 235.216,

22  235.2195, 235.42.

23         (5)  Any local government transmitting a public school

24  element to implement school concurrency pursuant to the

25  requirements of s. 163.3180 before the effective date of this

26  section is not required to amend the element or any interlocal

27  agreement to conform with the provisions of this section if

28  the element is adopted prior to or within 1 year after the

29  effective date of this section and remains in effect.

30         (6)  Except as provided in subsection (7),

31  municipalities having no established need for a new school

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                                                  SENATE AMENDMENT

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  1  facility and meeting the following criteria are exempt from

  2  the requirements of subsections (1), (2), and (3):

  3         (a)  The municipality has no public schools located

  4  within its boundaries.

  5         (b)  The district school board's 5-year facilities work

  6  program and the long-term 10-year and 20-year work programs,

  7  as provided in s. 235.185, demonstrate that no new school

  8  facility is needed in the municipality. In addition, the

  9  district school board must verify in writing that no new

10  school facility will be needed in the municipality within the

11  5-year and 10-year timeframes.

12         (7)  At the time of the evaluation and appraisal

13  report, each exempt municipality shall assess the extent to

14  which it continues to meet the criteria for exemption under

15  subsection (6). If the municipality continues to meet these

16  criteria and the district school board verifies in writing

17  that no new school facilities will be needed within the 5-year

18  and 10-year timeframes, the municipality shall continue to be

19  exempt from the interlocal-agreement requirement. Each

20  municipality exempt under subsection (6) must comply with the

21  provisions of this section within 1 year after the district

22  school board proposes, in its 5-year district facilities work

23  program, a new school within the municipality's jurisdiction.

24         Section 15.  Subsection (4) of section 163.3180,

25  Florida Statutes, is amended to read:

26         163.3180  Concurrency.--

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

28  local comprehensive plans applies to state and other public

29  facilities and development to the same extent that it applies

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

31         (b)  The concurrency requirement as implemented in

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  local comprehensive plans does not apply to public transit

  2  facilities.  For the purposes of this paragraph, public

  3  transit facilities include transit stations and terminals,

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

  5  transit connection or transfer facilities, and fixed bus,

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

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

  8  airports or seaports or commercial or residential development

  9  constructed in conjunction with a public transit facility.

10         (c)  The concurrency requirement, except as it relates

11  to transportation facilities, as implemented in local

12  government comprehensive plans may be waived by a local

13  government for urban infill and redevelopment areas designated

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

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

16  its local government comprehensive plan.  The waiver shall be

17  adopted as a plan amendment pursuant to the process set forth

18  in s. 163.3187(3)(a).  A local government may grant a

19  concurrency exception pursuant to subsection (5) for

20  transportation facilities located within these urban infill

21  and redevelopment areas.

22         Section 16.  Subsections (1), (3), (4), (6), (7), (8),

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

24  163.3184, Florida Statutes, are amended to read:

25         163.3184  Process for adoption of comprehensive plan or

26  plan amendment.--

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

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

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

30  operating a business within the boundaries of the local

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

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                                                  SENATE AMENDMENT

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

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

  3  governments that can demonstrate that the plan or plan

  4  amendment will produce substantial impacts on the increased

  5  need for publicly funded infrastructure or substantial impacts

  6  on areas designated for protection or special treatment within

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

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

  9  also have submitted oral or written comments, recommendations,

10  or objections to the local government during the period of

11  time beginning with the transmittal hearing for the plan or

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

13  plan amendment.

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

15  requirements of ss. 163.3177, 163.31776, when a local

16  government adopts an educational facilities element, 163.3178,

17  163.3180, 163.3191, and 163.3245, with the state comprehensive

18  plan, with the appropriate strategic regional policy plan, and

19  with chapter 9J-5, Florida Administrative Code, where such

20  rule is not inconsistent with this part and with the

21  principles for guiding development in designated areas of

22  critical state concern.

23         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

24  AMENDMENT.--

25         (a)  Each local governing body shall transmit the

26  complete proposed comprehensive plan or plan amendment to the

27  state land planning agency, the appropriate regional planning

28  council and water management district, the Department of

29  Environmental Protection, the Department of State, and the

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

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  plans, to the Fish and Wildlife Conservation Commission and

  2  the Department of Agriculture and Consumer Services,

  3  immediately following a public hearing pursuant to subsection

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

  5  procedural rules. The local governing body shall also transmit

  6  a copy of the complete proposed comprehensive plan or plan

  7  amendment to any other unit of local government or government

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

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

10  government may request a review by the state land planning

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

12  transmittal of an amendment.

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

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

15  to all state agencies designated by the state land planning

16  agency a complete copy of its adopted comprehensive plan

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

18  procedural rules. In the case of comprehensive plan

19  amendments, the local governing body shall transmit to the

20  state land planning agency, the appropriate regional planning

21  council and water management district, the Department of

22  Environmental Protection, the Department of State, and the

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

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

25  plans, to the Fish and Wildlife Conservation Commission and

26  the Department of Agriculture and Consumer Services the

27  materials specified in the state land planning agency's

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

29  a result of an evaluation and appraisal report adopted

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

31  appraisal report. Local governing bodies shall consolidate all

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  proposed plan amendments into a single submission for each of

  2  the two plan amendment adoption dates during the calendar year

  3  pursuant to s. 163.3187.

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

  5  amendment previously transmitted pursuant to this subsection,

  6  unless review is requested or otherwise initiated pursuant to

  7  subsection (6).

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

  9  multiple individual amendments that can be clearly and legally

10  separated and distinguished for the purpose of determining

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

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

13  amendments and the local government chooses to immediately

14  adopt the remaining amendments not reviewed, the amendments

15  immediately adopted and any reviewed amendments that the local

16  government subsequently adopts together constitute one

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

18         (4)  INTERGOVERNMENTAL REVIEW.--If review of a proposed

19  comprehensive plan amendment is requested or otherwise

20  initiated pursuant to subsection (6), the state land planning

21  agency within 5 working days of determining that such a review

22  will be conducted shall transmit a copy of the proposed plan

23  amendment to various government agencies, as appropriate, for

24  response or comment, including, but not limited to, the

25  Department of Environmental Protection, the Department of

26  Transportation, the water management district, and the

27  regional planning council, and, in the case of municipal

28  plans, to the county land planning agency.  The These

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

30  provide comments to the state land planning agency within 30

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  complete proposed plan amendment. If the plan or plan

  2  amendment includes or relates to the public school facilities

  3  element pursuant to s. 163.31776, the state land planning

  4  agency shall submit a copy to the Office of Educational

  5  Facilities of the Commissioner of Education for review and

  6  comment. The appropriate regional planning council shall also

  7  provide its written comments to the state land planning agency

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

  9  of the complete proposed plan amendment and shall specify any

10  objections, recommendations for modifications, and comments of

11  any other regional agencies to which the regional planning

12  council may have referred the proposed plan amendment. Written

13  comments submitted by the public within 30 days after notice

14  of transmittal by the local government of the proposed plan

15  amendment will be considered as if submitted by governmental

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

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

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

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

20  proposed plan amendment upon request of a regional planning

21  council, affected person, or local government transmitting the

22  plan amendment. The request from the regional planning council

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

24  30 days after transmittal of the proposed plan amendment

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

26  of its objections, recommendations, and comments regarding the

27  proposed plan amendment.  A regional planning council or

28  affected person requesting a review shall do so by submitting

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

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

31  notice.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





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

  2  proposed plan amendment regardless of whether a request for

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

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

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

  6  receipt of transmittal of the complete proposed plan amendment

  7  pursuant to subsection (3).

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

  9  rule a schedule for receipt of comments from the various

10  government agencies, as well as written public comments,

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

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

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

14  shall issue a report giving its objections, recommendations,

15  and comments regarding the proposed amendment within 60 days

16  after receipt of the complete proposed amendment by the state

17  land planning agency. The state land planning agency shall

18  have 30 days to review comments from the various government

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

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

21  agency shall transmit in writing its comments to the local

22  government along with any objections and any recommendations

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

24  has implemented a permitting program, the state land planning

25  agency shall not require a local government to duplicate or

26  exceed that permitting program in its comprehensive plan or to

27  implement such a permitting program in its land development

28  regulations.  Nothing contained herein shall prohibit the

29  state land planning agency in conducting its review of local

30  plans or plan amendments from making objections,

31  recommendations, and comments or making compliance

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 682356





  1  determinations regarding densities and intensities consistent

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

  3  the state land planning agency shall only base its

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

  5  source.

  6         (d)  The state land planning agency review shall

  7  identify all written communications with the agency regarding

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

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

10  the local government all written communications received 30

11  days after transmittal. The written identification must

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

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

14  the documents to be identified and copies requested, if

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

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

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

18  planning agency.

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

20  PLAN OR AMENDMENTS AND TRANSMITTAL.--

21         (a)  The local government shall review the written

22  comments submitted to it by the state land planning agency,

23  and any other person, agency, or government.  Any comments,

24  recommendations, or objections and any reply to them shall be

25  public documents, a part of the permanent record in the

26  matter, and admissible in any proceeding in which the

27  comprehensive plan or plan amendment may be at issue.  The

28  local government, upon receipt of written comments from the

29  state land planning agency, shall have 120 days to adopt or

30  adopt with changes the proposed comprehensive plan or s.

31  163.3191 plan amendments.  In the case of comprehensive plan

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  amendments other than those proposed pursuant to s. 163.3191,

  2  the local government shall have 60 days to adopt the

  3  amendment, adopt the amendment with changes, or determine that

  4  it will not adopt the amendment. The adoption of the proposed

  5  plan or plan amendment or the determination not to adopt a

  6  plan amendment, other than a plan amendment proposed pursuant

  7  to s. 163.3191, shall be made in the course of a public

  8  hearing pursuant to subsection (15).  The local government

  9  shall transmit the complete adopted comprehensive plan or

10  adopted plan amendment, including the names and addresses of

11  person compiled pursuant to paragraph (15)(c), to the state

12  land planning agency as specified in the agency's procedural

13  rules within 10 working days after adoption.  The local

14  governing body shall also transmit a copy of the adopted

15  comprehensive plan or plan amendment to the regional planning

16  agency and to any other unit of local government or

17  governmental agency in the state that has filed a written

18  request with the governing body for a copy of the plan or plan

19  amendment.

20         (b)  If the adopted plan amendment is unchanged from

21  the proposed plan amendment transmitted pursuant to subsection

22  (3) and an affected person as defined in paragraph (1)(a) did

23  not raise any objection, the state land planning agency did

24  not review the proposed plan amendment, and the state land

25  planning agency did not raise any objections during its review

26  pursuant to subsection (6), the local government may state in

27  the transmittal letter that the plan amendment is unchanged

28  and was not the subject of objections.

29         (8)  NOTICE OF INTENT.--

30         (a)  If the transmittal letter correctly states that

31  the plan amendment is unchanged and was not the subject of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





  1  review or objections pursuant to paragraph (7)(b), the state

  2  land planning agency has 20 days after receipt of the

  3  transmittal letter within which to issue a notice of intent

  4  that the plan amendment is in compliance.

  5         (b)(a)  Except as provided in paragraph (a) or in s.

  6  163.3187(3), the state land planning agency, upon receipt of a

  7  local government's complete adopted comprehensive plan or plan

  8  amendment, shall have 45 days for review and to determine if

  9  the plan or plan amendment is in compliance with this act,

10  unless the amendment is the result of a compliance agreement

11  entered into under subsection (16), in which case the time

12  period for review and determination shall be 30 days.  If

13  review was not conducted under subsection (6), the agency's

14  determination must be based upon the plan amendment as

15  adopted.  If review was conducted under subsection (6), the

16  agency's determination of compliance must be based only upon

17  one or both of the following:

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

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

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

21  comprehensive plan or plan amendment as adopted.

22         (c)(b)1.  During the time period provided for in this

23  subsection, the state land planning agency shall issue,

24  through a senior administrator or the secretary, as specified

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

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

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

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

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

30  The required advertisement shall be no less than 2 columns

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 102

    Amendment No. ___   Barcode 682356





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

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

  3  legal notices and classified advertisements appear.  The

  4  advertisement shall be published in a newspaper which meets

  5  the size and circulation requirements set forth in paragraph

  6  (15)(c) and which has been designated in writing by the

  7  affected local government at the time of transmittal of the

  8  amendment. Publication by the state land planning agency of a

  9  notice of intent in the newspaper designated by the local

10  government shall be prima facie evidence of compliance with

11  the publication requirements of this section.

12         2.  For fiscal year 2001-2002 only, the provisions of

13  this subparagraph shall supersede the provisions of

14  subparagraph 1. During the time period provided for in this

15  subsection, the state land planning agency shall issue,

16  through a senior administrator or the secretary, as specified

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

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

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

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

21  to the local government. The advertisement shall be placed in

22  that portion of the newspaper where legal notices appear. The

23  advertisement shall be published in a newspaper that meets the

24  size and circulation requirements set forth in paragraph

25  (15)(e) (15)(c) and that has been designated in writing by the

26  affected local government at the time of transmittal of the

27  amendment. Publication by the state land planning agency of a

28  notice of intent in the newspaper designated by the local

29  government shall be prima facie evidence of compliance with

30  the publication requirements of this section. The state land

31  planning agency shall post a copy of the notice of intent on

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  1  the agency's Internet site. The agency shall, no later than

  2  the date the notice of intent is transmitted to the newspaper,

  3  send by regular mail a courtesy informational statement to

  4  persons who provide their names and addresses to the local

  5  government at the transmittal hearing or at the adoption

  6  hearing where the local government has provided the names and

  7  addresses of such persons to the department at the time of

  8  transmittal of the adopted amendment. The informational

  9  statements shall include the name of the newspaper in which

10  the notice of intent will appear, the approximate date of

11  publication, the ordinance number of the plan or plan

12  amendment, and a statement that affected persons have 21 days

13  after the actual date of publication of the notice to file a

14  petition. This subparagraph expires July 1, 2002.

15         2.  A local government that has an Internet site shall

16  post a copy of the state land planning agency's notice of

17  intent on the site within 5 days after receipt of the mailed

18  copy of the agency's notice of intent.

19         (15)  PUBLIC HEARINGS.--

20         (a)  The procedure for transmittal of a complete

21  proposed comprehensive plan or plan amendment pursuant to

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

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

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

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

26  comprehensive plan or plan amendment shall be by ordinance.

27  For the purposes of transmitting or adopting a comprehensive

28  plan or plan amendment, the notice requirements in chapters

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

30  provided in this part.

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

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  1  advertised public hearings on the proposed comprehensive plan

  2  or plan amendment as follows:

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

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

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

  6  advertisement is published.

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

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

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

10  advertisement is published.

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

12  at the transmittal hearing and at the adoption hearing for

13  persons to provide their names and mailing addresses. The

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

15  requested information will receive a courtesy informational

16  statement concerning publications of the state land planning

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

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

19  submits written comments concerning the proposed plan or plan

20  amendment during the time period between the commencement of

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

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

23  providing written comments to accurately, completely, and

24  legibly provide all information needed in order to receive the

25  courtesy informational statement.

26         (d)  The agency shall provide a model sign-in form for

27  providing the list to the agency which may be used by the

28  local government to satisfy the requirements of this

29  subsection.

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

31  amendment changes the actual list of permitted, conditional,

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  1  or prohibited uses within a future land use category or

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

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

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

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

  6         (16)  COMPLIANCE AGREEMENTS.--

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

  8  pursuant to a compliance agreement in accordance with the

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

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

11  local government shall hold a single adoption public hearing

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

13  paragraph (15)(e)(c). Within 10 working days after adoption of

14  a plan amendment, the local government shall transmit the

15  amendment to the state land planning agency as specified in

16  the agency's procedural rules, and shall submit one copy to

17  the regional planning agency and to any other unit of local

18  government or government agency in the state that has filed a

19  written request with the governing body for a copy of the plan

20  amendment, and one copy to any party to the proceeding under

21  ss. 120.569 and 120.57 granted intervenor status.

22         Section 17.  Paragraph (c) is amended and paragraph (k)

23  is added to subsection (1) of section 163.3187, Florida

24  Statutes, to read:

25         163.3187  Amendment of adopted comprehensive plan.--

26         (1)  Amendments to comprehensive plans adopted pursuant

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

28  calendar year, except:

29         (c)  Any local government comprehensive plan amendments

30  directly related to proposed small scale development

31  activities may be approved without regard to statutory limits

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                                                  SENATE AMENDMENT

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  1  on the frequency of consideration of amendments to the local

  2  comprehensive plan. A small scale development amendment may be

  3  adopted only under the following conditions:

  4         1.  The proposed amendment involves a use of 10 acres

  5  or fewer and:

  6         a.  The cumulative annual effect of the acreage for all

  7  small scale development amendments adopted by the local

  8  government shall not exceed:

  9         (I)  A maximum of 120 acres in a local government that

10  contains areas specifically designated in the local

11  comprehensive plan for urban infill, urban redevelopment, or

12  downtown revitalization as defined in s. 163.3164, urban

13  infill and redevelopment areas designated under s. 163.2517,

14  transportation concurrency exception areas approved pursuant

15  to s. 163.3180(5), or regional activity centers and urban

16  central business districts approved pursuant to s.

17  380.06(2)(e); however, amendments under this paragraph may be

18  applied to no more than 60 acres annually of property outside

19  the designated areas listed in this sub-sub-subparagraph.

20         (II)  A maximum of 80 acres in a local government that

21  does not contain any of the designated areas set forth in

22  sub-sub-subparagraph (I).

23         (III)  A maximum of 120 acres in a county established

24  pursuant to s. 9, Art. VIII of the State Constitution.

25         b.  The proposed amendment does not involve the same

26  property granted a change within the prior 12 months.

27         c.  The proposed amendment does not involve the same

28  owner's property within 200 feet of property granted a change

29  within the prior 12 months.

30         d.  The proposed amendment does not involve a text

31  change to the goals, policies, and objectives of the local

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                                                  SENATE AMENDMENT

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  1  government's comprehensive plan, but only proposes a land use

  2  change to the future land use map for a site-specific small

  3  scale development activity.

  4         e.  The property that is the subject of the proposed

  5  amendment is not located within an area of critical state

  6  concern, unless the project subject to the proposed amendment

  7  involves the construction of affordable housing units meeting

  8  the criteria of s. 420.0004(3), and is located within an area

  9  of critical state concern designated by s. 380.0552 or by the

10  Administration Commission pursuant to s. 380.05(1). Such

11  amendment is not subject to the density limitations of

12  sub-subparagraph f., and shall be reviewed by the state land

13  planning agency for consistency with the principles for

14  guiding development applicable to the area of critical state

15  concern where the amendment is located and shall not become

16  effective until a final order is issued under s. 380.05(6).

17         f.  If the proposed amendment involves a residential

18  land use, the residential land use has a density of 10 units

19  or less per acre, except that this limitation does not apply

20  to small scale amendments described in sub-sub-subparagraph

21  a.(I) that are designated in the local comprehensive plan for

22  urban infill, urban redevelopment, or downtown revitalization

23  as defined in s. 163.3164, urban infill and redevelopment

24  areas designated under s. 163.2517, transportation concurrency

25  exception areas approved pursuant to s. 163.3180(5), or

26  regional activity centers and urban central business districts

27  approved pursuant to s. 380.06(2)(e).

28         2.a.  A local government that proposes to consider a

29  plan amendment pursuant to this paragraph is not required to

30  comply with the procedures and public notice requirements of

31  s. 163.3184(15)(c) for such plan amendments if the local

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  1  government complies with the provisions in s. 125.66(4)(a) for

  2  a county or in s. 166.041(3)(c) for a municipality. If a

  3  request for a plan amendment under this paragraph is initiated

  4  by other than the local government, public notice is required.

  5         b.  The local government shall send copies of the

  6  notice and amendment to the state land planning agency, the

  7  regional planning council, and any other person or entity

  8  requesting a copy. This information shall also include a

  9  statement identifying any property subject to the amendment

10  that is located within a coastal high hazard area as

11  identified in the local comprehensive plan.

12         3.  Small scale development amendments adopted pursuant

13  to this paragraph require only one public hearing before the

14  governing board, which shall be an adoption hearing as

15  described in s. 163.3184(7), and are not subject to the

16  requirements of s. 163.3184(3)-(6) unless the local government

17  elects to have them subject to those requirements.

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

19  educational facilities element pursuant to s. 163.31776 and

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

21  approved notwithstanding statutory limits on the frequency of

22  adopting plan amendments.

23         Section 18.  Paragraph (k) of subsection (2) of section

24  163.3191, Florida Statutes, is amended and paragraphs (l) and

25  (m) are added to that subsection to read:

26         163.3191  Evaluation and appraisal of comprehensive

27  plan.--

28         (2)  The report shall present an evaluation and

29  assessment of the comprehensive plan and shall contain

30  appropriate statements to update the comprehensive plan,

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

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  1  other media, related to:

  2         (k)  The coordination of the comprehensive plan with

  3  existing public schools and those identified in the applicable

  4  educational 5-year school district facilities plan work

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

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

  7  coordination of the future land use map and associated planned

  8  residential development with public schools and their

  9  capacities, as well as the joint decisionmaking processes

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

11  regard to establishing appropriate population projections and

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

13  issues are not relevant, the local government shall

14  demonstrate that they are not relevant.

15         (l)  The evaluation must consider the appropriate water

16  management district's regional water supply plan approved

17  pursuant to s. 373.0361. The potable water element must be

18  revised to include a work plan, covering at least a 10-year

19  planning period, for building any water supply facilities that

20  are identified in the element as necessary to serve existing

21  and new development and for which the local government is

22  responsible.

23         (m)  If any of the jurisdiction of the local government

24  is located within the coastal high-hazard area, an evaluation

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

26  property rights of current residents when redevelopment

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

28  a natural disaster. The local government must identify

29  strategies to address redevelopment feasibility and the

30  property rights of affected residents. These strategies may

31  include the authorization of redevelopment up to the actual

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                                                  SENATE AMENDMENT

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  1  built density in existence on the property prior to the

  2  natural disaster or redevelopment.

  3         Section 19.  Section 163.3215, Florida Statutes, is

  4  amended to read:

  5         163.3215  Standing to enforce local comprehensive plans

  6  through development orders.--

  7         (1)  Subsections (3) and (4) provide the exclusive

  8  methods for an aggrieved or adversely affected party to appeal

  9  and challenge the consistency of a development order with a

10  comprehensive plan adopted under this part. The local

11  government that issues the development order is to be named as

12  a respondent in all proceedings under this section. Subsection

13  (3) shall not apply to development orders for which a local

14  government has established a process consistent with the

15  requirements of subsection (4). A local government may decide

16  which types of development orders will proceed under

17  subsection (4). Subsection (3) shall apply to all other

18  development orders that are not subject to subsection (4).

19         (2)  As used in this section, the term "aggrieved or

20  adversely affected party" means any person or local government

21  that will suffer an adverse effect to an interest protected or

22  furthered by the local government comprehensive plan,

23  including interests related to health and safety, police and

24  fire protection service systems, densities or intensities of

25  development, transportation facilities, health care

26  facilities, equipment or services, and environmental or

27  natural resources.  The alleged adverse interest may be shared

28  in common with other members of the community at large but

29  must exceed in degree the general interest in community good

30  shared by all persons. The term includes the owner, developer,

31  or applicant for a development order.

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                                                  SENATE AMENDMENT

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  1         (3)(1)  Any aggrieved or adversely affected party may

  2  maintain a de novo an action for declaratory, injunctive, or

  3  other relief against any local government to challenge any

  4  decision of such local government granting or denying an

  5  application for, or to prevent such local government from

  6  taking any action on, a development order, as defined in s.

  7  163.3164, which materially alters the use or density or

  8  intensity of use on a particular piece of property which that

  9  is not consistent with the comprehensive plan adopted under

10  this part. The de novo action must be filed no later than 30

11  days following rendition of a development order or other

12  written decision, or when all local administrative appeals, if

13  any, are exhausted, whichever occurs later.

14         (2)  "Aggrieved or adversely affected party" means any

15  person or local government which will suffer an adverse effect

16  to an interest protected or furthered by the local government

17  comprehensive plan, including interests related to health and

18  safety, police and fire protection service systems, densities

19  or intensities of development, transportation facilities,

20  health care facilities, equipment or services, or

21  environmental or natural resources.  The alleged adverse

22  interest may be shared in common with other members of the

23  community at large, but shall exceed in degree the general

24  interest in community good shared by all persons.

25         (3)(a)  No suit may be maintained under this section

26  challenging the approval or denial of a zoning, rezoning,

27  planned unit development, variance, special exception,

28  conditional use, or other development order granted prior to

29  October 1, 1985, or applied for prior to July 1, 1985.

30         (b)  Suit under this section shall be the sole action

31  available to challenge the consistency of a development order

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                                                  SENATE AMENDMENT

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  1  with a comprehensive plan adopted under this part.

  2         (4)  If a local government elects to adopt or has

  3  adopted an ordinance establishing, at a minimum, the

  4  requirements listed in this subsection, the sole method by

  5  which an aggrieved and adversely affected party may challenge

  6  any decision of local government granting or denying an

  7  application for a development order, as defined in s.

  8  163.3164, which materially alters the use or density or

  9  intensity of use on a particular piece of property, on the

10  basis that it is not consistent with the comprehensive plan

11  adopted under this part, is by an appeal filed by a petition

12  for writ of certiorari filed in circuit court no later than 30

13  days following rendition of a development order or other

14  written decision of the local government, or when all local

15  administrative appeals, if any, are exhausted, whichever

16  occurs later. An action for injunctive or other relief may be

17  joined with the petition for certiorari. Principles of

18  judicial or administrative res judicata and collateral

19  estoppel apply to these proceedings. Minimum components of the

20  local process are as follows:

21         (a)  The local process must make provision for notice

22  of an application for a development order that materially

23  alters the use or density or intensity of use on a particular

24  piece of property, including notice by publication or mailed

25  notice consistent with the provisions of s. 166.041(3)(c)2.b.

26  and c. and s. 125.66(4)(b)2. and 3., and must require

27  prominent posting at the job site. The notice must be given

28  within 10 days after the filing of an application for

29  development order; however, notice under this subsection is

30  not required for an application for a building permit or any

31  other official action of local government which does not

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                                                  SENATE AMENDMENT

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  1  materially alter the use or density or intensity of use on a

  2  particular piece of property. The notice must clearly

  3  delineate that an aggrieved or adversely affected person has

  4  the right to request a quasi-judicial hearing before the local

  5  government for which the application is made, must explain the

  6  conditions precedent to the appeal of any development order

  7  ultimately rendered upon the application, and must specify the

  8  location where written procedures can be obtained that

  9  describe the process, including how to initiate the

10  quasi-judicial process, the timeframes for initiating the

11  process, and the location of the hearing. The process may

12  include an opportunity for an alternative dispute resolution.

13         (b)  The local process must provide a clear point of

14  entry consisting of a written preliminary decision, at a time

15  and in a manner to be established in the local ordinance, with

16  the time to request a quasi-judicial hearing running from the

17  issuance of the written preliminary decision; the local

18  government, however, is not bound by the preliminary decision.

19  A party may request a hearing to challenge or support a

20  preliminary decision.

21         (c)  The local process must provide an opportunity for

22  participation in the process by an aggrieved or adversely

23  affected party, allowing a reasonable time for the party to

24  prepare and present a case for the quasi-judicial hearing.

25         (d)  The local process must provide, at a minimum, an

26  opportunity for the disclosure of witnesses and exhibits prior

27  to hearing and an opportunity for the depositions of witnesses

28  to be taken.

29         (e)  The local process may not require that a party be

30  represented by an attorney in order to participate in a

31  hearing.

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                                                  SENATE AMENDMENT

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  1         (f)  The local process must provide for a

  2  quasi-judicial hearing before an impartial special master who

  3  is an attorney who has at least 5 years' experience and who

  4  shall, at the conclusion of the hearing, recommend written

  5  findings of fact and conclusions of law.  The special master

  6  shall have the power to swear witnesses and take their

  7  testimony under oath, to issue subpoenas and other orders

  8  regarding the conduct of the proceedings, and to compel entry

  9  upon the land.  The standard of review applied by the special

10  master in determining whether a proposed development order is

11  consistent with the comprehensive plan shall be strict

12  scrutiny in accordance with Florida law.

13         (g)  At the quasi-judicial hearing, all parties must

14  have the opportunity to respond, to present evidence and

15  argument on all issues involved which are related to the

16  development order, and to conduct cross-examination and submit

17  rebuttal evidence. Public testimony must be allowed.

18         (h)  The local process must provide for a duly noticed

19  public hearing before the local government at which public

20  testimony is allowed. At the quasi-judicial hearing, the local

21  government is bound by the special master's findings of fact

22  unless the findings of fact are not supported by competent

23  substantial evidence. The governing body may modify the

24  conclusions of law if it finds that the special master's

25  application or interpretation of law is erroneous. The

26  governing body may make reasonable legal interpretations of

27  its comprehensive plan and land development regulations

28  without regard to whether the special master's interpretation

29  is labeled as a finding of fact or a conclusion of law. The

30  local government's final decision must be reduced to writing,

31  including the findings of fact and conclusions of law, and is

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  1  not considered rendered or final until officially date-stamped

  2  by the city or county clerk.

  3         (i)  An ex parte communication relating to the merits

  4  of the matter under review may not be made to the special

  5  master. An ex parte communication relating to the merits of

  6  the matter under review may not be made to the governing body

  7  after a time to be established by the local ordinance, which

  8  time must be no later than receipt of the special master's

  9  recommended order by the governing body.

10         (j)  At the option of the local government, the process

11  may require actions to challenge the consistency of a

12  development order with land development regulations to be

13  brought in the same proceeding.

14         (4)  As a condition precedent to the institution of an

15  action pursuant to this section, the complaining party shall

16  first file a verified complaint with the local government

17  whose actions are complained of setting forth the facts upon

18  which the complaint is based and the relief sought by the

19  complaining party.  The verified complaint shall be filed no

20  later than 30 days after the alleged inconsistent action has

21  been taken.  The local government receiving the complaint

22  shall respond within 30 days after receipt of the complaint.

23  Thereafter, the complaining party may institute the action

24  authorized in this section.  However, the action shall be

25  instituted no later than 30 days after the expiration of the

26  30-day period which the local government has to take

27  appropriate action.  Failure to comply with this subsection

28  shall not bar an action for a temporary restraining order to

29  prevent immediate and irreparable harm from the actions

30  complained of.

31         (5)  Venue in any cases brought under this section

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  1  shall lie in the county or counties where the actions or

  2  inactions giving rise to the cause of action are alleged to

  3  have occurred.

  4         (6)  The signature of an attorney or party constitutes

  5  a certificate that he or she has read the pleading, motion, or

  6  other paper and that, to the best of his or her knowledge,

  7  information, and belief formed after reasonable inquiry, it is

  8  not interposed for any improper purpose, such as to harass or

  9  to cause unnecessary delay or for economic advantage,

10  competitive reasons or frivolous purposes or needless increase

11  in the cost of litigation.  If a pleading, motion, or other

12  paper is signed in violation of these requirements, the court,

13  upon motion or its own initiative, shall impose upon the

14  person who signed it, a represented party, or both, an

15  appropriate sanction, which may include an order to pay to the

16  other party or parties the amount of reasonable expenses

17  incurred because of the filing of the pleading, motion, or

18  other paper, including a reasonable attorney's fee.

19         (7)  In any proceeding action under subsection (3) or

20  subsection (4) this section, no settlement shall be entered

21  into by the local government unless the terms of the

22  settlement have been the subject of a public hearing after

23  notice as required by this part.

24         (8)  In any proceeding suit under subsection (3) or

25  subsection (4) this section, the Department of Legal Affairs

26  may intervene to represent the interests of the state.

27         (9)  Neither subsection (3) nor subsection (4) relieves

28  the local government of its obligations to hold public

29  hearings as required by law.

30         Section 20.  Section 163.3246, Florida Statutes, is

31  created to read:

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                                                  SENATE AMENDMENT

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  1         163.3246  Local government comprehensive planning

  2  certification program.--

  3         (1)  There is created the Local Government

  4  Comprehensive Planning Certification Program to be

  5  administered by the Department of Community Affairs. The

  6  purpose of the program is to create a certification process

  7  for local governments who identify a geographic area for

  8  certification within which they commit to directing growth and

  9  who, because of a demonstrated record of effectively adopting,

10  implementing, and enforcing its comprehensive plan, the level

11  of technical planning experience exhibited by the local

12  government, and a commitment to implement exemplary planning

13  practices, require less state and regional oversight of the

14  comprehensive plan amendment process. The purpose of the

15  certification area is to designate areas that are contiguous,

16  compact, and appropriate for urban growth and development

17  within a 10-year planning timeframe. Municipalities and

18  counties are encouraged to jointly establish the certification

19  area, and subsequently enter into joint certification

20  agreement with the department.

21         (2)  In order to be eligible for certification under

22  the program, the local government must:

23         (a)  Demonstrate a record of effectively adopting,

24  implementing, and enforcing its comprehensive plan;

25         (b)  Demonstrate technical, financial, and

26  administrative expertise to implement the provisions of this

27  part without state oversight;

28         (c)  Obtain comments from the state and regional review

29  agencies regarding the appropriateness of the proposed

30  certification;

31         (d)  Hold at least one public hearing soliciting public

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                                                  SENATE AMENDMENT

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  1  input concerning the local government's proposal for

  2  certification; and

  3         (e)  Demonstrate that it has adopted programs in its

  4  local comprehensive plan and land development regulations

  5  which:

  6         1.  Promote infill development and redevelopment,

  7  including prioritized and timely permitting processes in which

  8  applications for local development permits within the

  9  certification area are acted upon expeditiously for proposed

10  development that is consistent with the local comprehensive

11  plan.

12         2.  Promote the development of housing for low-income

13  and very-low-income households or specialized housing to

14  assist elderly and disabled persons to remain at home or in

15  independent living arrangements.

16         3.  Achieve effective intergovernmental coordination

17  and address the extrajurisdictional effects of development

18  within the certified area.

19         4.  Promote economic diversity and growth while

20  encouraging the retention of rural character, where rural

21  areas exist, and the protection and restoration of the

22  environment.

23         5.  Provide and maintain public urban and rural open

24  space and recreational opportunities.

25         6.  Manage transportation and land uses to support

26  public transit and promote opportunities for pedestrian and

27  nonmotorized transportation.

28         7.  Use design principles to foster individual

29  community identity, create a sense of place, and promote

30  pedestrian-oriented safe neighborhoods and town centers.

31         8.  Redevelop blighted areas.

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  1         9.  Adopt a local mitigation strategy and have programs

  2  to improve disaster preparedness and the ability to protect

  3  lives and property, especially in coastal high-hazard areas.

  4         10.  Encourage clustered, mixed-use development that

  5  incorporates greenspace and residential development within

  6  walking distance of commercial development.

  7         11.  Encourage urban infill at appropriate densities

  8  and intensities and separate urban and rural uses and

  9  discourage urban sprawl while preserving public open space and

10  planning for buffer-type land uses and rural development

11  consistent with their respective character along and outside

12  the certification area.

13         12.  Assure protection of key natural areas and

14  agricultural lands that are identified using state and local

15  inventories of natural areas. Key natural areas include, but

16  are not limited to:

17         a.  Wildlife corridors.

18         b.  Lands with high native biological diversity,

19  important areas for threatened and endangered species, species

20  of special concern, migratory bird habitat, and intact natural

21  communities.

22         c.  Significant surface waters and springs, aquatic

23  preserves, wetlands, and outstanding Florida waters.

24         d.  Water resources suitable for preservation of

25  natural systems and for water resource development.

26         e.  Representative and rare native Florida natural

27  systems.

28         13.  Ensure the cost-efficient provision of public

29  infrastructure and services.

30         (3)  Portions of local governments located within areas

31  of critical state concern cannot be included in a

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  1  certification area.

  2         (4)  A local government or group of local governments

  3  seeking certification of all or part of a jurisdiction or

  4  jurisdictions must submit an application to the department

  5  which demonstrates that the area sought to be certified meets

  6  the criteria of subsections (2) and (5). The application shall

  7  include copies of the applicable local government

  8  comprehensive plan, land development regulations, interlocal

  9  agreements, and other relevant information supporting the

10  eligibility criteria for designation. Upon receipt of a

11  complete application, the department must provide the local

12  government with an initial response to the application within

13  90 days after receipt of the application.

14         (5)  If the local government meets the eligibility

15  criteria of subsection (2), the department shall certify all

16  or part of a local government by written agreement, which

17  shall be considered final agency action subject to challenge

18  under s. 120.569. The agreement must include the following

19  components:

20         (a)  The basis for certification.

21         (b)  The boundary of the certification area, which

22  encompasses areas that are contiguous, compact, appropriate

23  for urban growth and development, and in which public

24  infrastructure is existing or planned within a 10-year

25  planning timeframe. The certification area is required to

26  include sufficient land to accommodate projected population

27  growth, housing demand, including choice in housing types and

28  affordability, job growth and employment, appropriate

29  densities and intensities of use to be achieved in new

30  development and redevelopment, existing or planned

31  infrastructure, including transportation and central water and

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                                                  SENATE AMENDMENT

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  1  sewer facilities. The certification area must be adopted as

  2  part of the local government's comprehensive plan.

  3         (c)  A demonstration that the capital-improvements plan

  4  governing the certified area is updated annually.

  5         (d)  A visioning plan or a schedule for the development

  6  of a visioning plan.

  7         (e)  A description of baseline conditions related to

  8  the evaluation criteria in paragraph (g) in the certified

  9  area.

10         (f)  A work program setting forth specific planning

11  strategies and projects that will be undertaken to achieve

12  improvement in the baseline conditions as measured by the

13  criteria identified in paragraph (g).

14         (g)  Criteria to evaluate the effectiveness of the

15  certification process in achieving the community-development

16  goals for the certification area including:

17         1.  Measuring the compactness of growth, expressed as

18  the ratio between population growth and land consumed;

19         2.  Increasing residential density and intensities of

20  use;

21         3.  Measuring and reducing vehicle miles traveled and

22  increasing the interconnectedness of the street system,

23  pedestrian access, and mass transit;

24         4.  Measuring the balance between the location of jobs

25  and housing;

26         5.  Improving the housing mix within the certification

27  area, including the provision of mixed-use neighborhoods,

28  affordable housing, and the creation of an affordable housing

29  program if such a program is not already in place;

30         6.  Promoting mixed-use developments as an alternative

31  to single-purpose centers;

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  1         7.  Promoting clustered development having dedicated

  2  open space;

  3         8.  Linking commercial, educational, and recreational

  4  uses directly to residential growth;

  5         9.  Reducing per capita water and energy consumption;

  6         10.  Prioritizing environmental features to be

  7  protected and adopting measures or programs to protect

  8  identified features;

  9         11.  Reducing hurricane shelter deficits and evacuation

10  times and implementing the adopted mitigation strategies; and

11         12.  Improving coordination between the local

12  government and school board.

13         (h)  A commitment to change any land development

14  regulations that restrict compact development and adopt

15  alternative design codes that encourage desirable densities

16  and intensities of use and patterns of compact development

17  identified in the agreement.

18         (i)  A plan for increasing public participation in

19  comprehensive planning and land use decision making which

20  includes outreach to neighborhood and civic associations

21  through community planning initiatives.

22         (j)  A demonstration that the intergovernmental

23  coordination element of the local government's comprehensive

24  plan includes joint processes for coordination between the

25  school board and local government pursuant to s.

26  163.3177(6)(h)2. and other requirements of law.

27         (k)  A method of addressing the extrajurisdictional

28  effects of development within the certified area which is

29  integrated by amendment into the intergovernmental

30  coordination element of the local government comprehensive

31  plan.

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                                                  SENATE AMENDMENT

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  1         (l)  A requirement for the annual reporting to the

  2  department of plan amendments adopted during the year, and the

  3  progress of the local government in meeting the terms and

  4  conditions of the certification agreement. Prior to the

  5  deadline for the annual report, the local government must hold

  6  a public hearing soliciting public input on the progress of

  7  the local government in satisfying the terms of the

  8  certification agreement.

  9         (m)  An expiration date that is no later than 10 years

10  after execution of the agreement.

11         (6)  The department may enter up to eight new

12  certification agreements each fiscal year. The department

13  shall adopt procedural rules governing the application and

14  review of local government requests for certification. Such

15  procedural rules may establish a phased schedule for review of

16  local government requests for certification.

17         (7)  The department shall revoke the local government's

18  certification if it determines that the local government is

19  not substantially complying with the terms of the agreement.

20         (8)  An affected person, as defined by s.

21  163.3184(1)(a), may petition for administrative hearing

22  alleging that a local government is not substantially

23  complying with the terms of the agreement, using the

24  procedures and timeframes for notice and conditions precedent

25  described in s. 163.3213. Such a petition must be filed within

26  30 days after the annual public hearing required by paragraph

27  (5)(l).

28         (9)(a)  Upon certification all comprehensive plan

29  amendments associated with the area certified must be adopted

30  and reviewed in the manner described in ss. 163.3184(1), (2),

31  (7), (14), (15), and (16) and 163.3187, such that state and

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  1  regional agency review is eliminated. The department may not

  2  issue any objections, recommendations, and comments report on

  3  proposed plan amendments or a notice of intent on adopted plan

  4  amendments; however, affected persons, as defined by s.

  5  163.3184(1)(a), may file a petition for administrative review

  6  pursuant to the requirements of s. 163.3187(3)(a) to challenge

  7  the compliance of an adopted plan amendment.

  8         (b)  Plan amendments that change the boundaries of the

  9  certification area; propose a rural land stewardship area

10  pursuant to s. 163.3177(11)(d); propose an optional sector

11  plan pursuant to s. 163.3245; propose a school facilities

12  element; update a comprehensive plan based on an evaluation

13  and appraisal report; impact lands outside the certification

14  boundary; implement new statutory requirements that require

15  specific comprehensive plan amendments; or increase hurricane

16  evacuation times or the need for shelter capacity on lands

17  within the coastal high hazard area shall be reviewed pursuant

18  to ss. 163.3184 and 163.3187.

19         (10)  A local government's certification shall be

20  reviewed by the local government and the department as part of

21  the evaluation and appraisal process pursuant to s. 163.3191.

22  Within 1 year after the deadline for the local government to

23  update its comprehensive plan based on the evaluation and

24  appraisal report, the department shall renew or revoke the

25  certification. The local government's failure to adopt a

26  timely evaluation and appraisal report, failure to adopt an

27  evaluation and appraisal report found to be sufficient, or

28  failure to timely adopt amendments based on an evaluation and

29  appraisal report found to be in compliance by the department

30  shall be cause for revoking the certification agreement. The

31  department's decision to renew or revoke shall be considered

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                                                  SENATE AMENDMENT

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  1  agency action subject to challenge under s. 120.569.

  2         (11)  The department shall, by July 1 of each

  3  odd-numbered year, submit to the Governor, the President of

  4  the Senate, and the Speaker of the House of Representatives a

  5  report listing certified local governments, evaluating the

  6  effectiveness of the certification, and including any

  7  recommendations for legislative actions.

  8         (12)  The Office of Program Policy Analysis and

  9  Government Accountability shall prepare a report evaluating

10  the certification program, which shall be submitted to the

11  Governor, the President of the Senate, and the Speaker of the

12  House of Representatives by December 1, 2007.

13         Section 21.  Paragraph (c) of subsection (2) and

14  subsection (3) of section 186.504, Florida Statutes, are

15  amended to read:

16         186.504  Regional planning councils; creation;

17  membership.--

18         (2)  Membership on the regional planning council shall

19  be as follows:

20         (c)  Representatives appointed by the Governor from the

21  geographic area covered by the regional planning council,

22  including an elected school board member from the geographic

23  area covered by the regional planning council, to be nominated

24  by the Florida School Board Association.

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

26  serving as voting members on the governing bodies of such

27  regional planning councils shall be elected officials of local

28  general-purpose governments chosen by the cities and counties

29  of the region, provided each county shall have at least one

30  vote.  The remaining one-third of the voting members on the

31  governing board shall be appointed by the Governor, to include

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                                                  SENATE AMENDMENT

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  1  one elected school board member, subject to confirmation by

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

  3  of the Governor shall have their places of residence in the

  4  same county until each county within the region is represented

  5  by a Governor's appointee to the governing board. Nothing

  6  contained in this section shall deny to local governing bodies

  7  or the Governor the option of appointing either locally

  8  elected officials or lay citizens provided at least two-thirds

  9  of the governing body of the regional planning council is

10  composed of locally elected officials.

11         Section 22.  Paragraphs (a) and (d) of subsection (2)

12  and subsection (6) of section 212.055, Florida Statutes, are

13  amended to read:

14         212.055  Discretionary sales surtaxes; legislative

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

16  legislative intent that any authorization for imposition of a

17  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

24  be expended; and such other requirements as the Legislature

25  may provide.  Taxable transactions and administrative

26  procedures shall be as provided in s. 212.054.

27         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

31  two-thirds vote majority of the members of the county

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  1  governing authority or pursuant to ordinance enacted by a

  2  majority of the members of the county governing authority and

  3  approved by a majority of the electors of the county voting in

  4  a referendum on the surtax.  If the governing bodies of the

  5  municipalities representing a majority of the county's

  6  population adopt uniform resolutions establishing the rate of

  7  the surtax and calling for a referendum on the surtax, the

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

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

10  county voting in the referendum on the surtax.

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

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

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

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

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

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

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

18  ordinance enacted by a two-thirds vote of the members of the

19  county governing authority.

20         (d)1.  The proceeds of the surtax authorized by this

21  subsection and approved by referendum and any interest accrued

22  thereto shall be expended by the school district or within the

23  county and municipalities within the county, or, in the case

24  of a negotiated joint county agreement, within another county,

25  to finance, plan, and construct infrastructure and to acquire

26  land for public recreation or conservation or protection of

27  natural resources and to finance the closure of county-owned

28  or municipally owned solid waste landfills that are already

29  closed or are required to close by order of the Department of

30  Environmental Protection. Any use of such proceeds or interest

31  for purposes of landfill closure prior to July 1, 1993, is

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  1  ratified. Neither the proceeds nor any interest accrued

  2  thereto shall be used for operational expenses of any

  3  infrastructure, except that any county with a population of

  4  less than 75,000 that is required to close a landfill by order

  5  of the Department of Environmental Protection may use the

  6  proceeds or any interest accrued thereto for long-term

  7  maintenance costs associated with landfill closure. Counties,

  8  as defined in s. 125.011(1), and charter counties may, in

  9  addition, use the proceeds and any interest accrued thereto to

10  retire or service indebtedness incurred for bonds issued prior

11  to July 1, 1987, for infrastructure purposes, and for bonds

12  subsequently issued to refund such bonds.  Any use of such

13  proceeds or interest for purposes of retiring or servicing

14  indebtedness incurred for such refunding bonds prior to July

15  1, 1999, is ratified.

16         2.  The proceeds of the surtax where the surtax is

17  levied by a two-thirds vote of the governing body of the

18  county and any interest accrued thereto shall be expended by

19  the school district or within the county and municipalities

20  within the county for infrastructure located within the urban

21  service area that is identified in the local government

22  comprehensive plan of the county or municipality and is

23  identified in that local government's capital improvements

24  element adopted pursuant to s. 163.3177(3) or that is

25  identified in the school district's educational facilities

26  plan adopted pursuant to s. 235.185.

27         3.2.  For the purposes of this paragraph,

28  "infrastructure" means:

29         a.  Any fixed capital expenditure or fixed capital

30  outlay associated with the construction, reconstruction, or

31  improvement of public facilities which have a life expectancy

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  1  of 5 or more years and any land acquisition, land improvement,

  2  design, and engineering costs related thereto.

  3         b.  A fire department vehicle, an emergency medical

  4  service vehicle, a sheriff's office vehicle, a police

  5  department vehicle, or any other vehicle, and such equipment

  6  necessary to outfit the vehicle for its official use or

  7  equipment that has a life expectancy of at least 5 years.

  8         4.3.  Notwithstanding any other provision of this

  9  subsection, a discretionary sales surtax imposed or extended

10  after the effective date of this act may provide for an amount

11  not to exceed 15 percent of the local option sales surtax

12  proceeds to be allocated for deposit to a trust fund within

13  the county's accounts created for the purpose of funding

14  economic development projects of a general public purpose

15  targeted to improve local economies, including the funding of

16  operational costs and incentives related to such economic

17  development. If applicable, the ballot statement must indicate

18  the intention to make an allocation under the authority of

19  this subparagraph.

20         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

22  to resolution conditioned to take effect only upon approval by

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

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

25  not exceed 0.5 percent.

26         (b)  The resolution shall include a statement that

27  provides a brief and general description of the school capital

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

29  resolution must state that the district school board has been

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

31  Frugal Schools Program. The statement shall conform to the

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

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

  3  shall be placed on the ballot:

  4

  5                                ....FOR THE               ....CENTS TAX

  6                                ....AGAINST THE           ....CENTS TAX

  7

  8         (c)  As an alternative method of levying the

  9  discretionary sales surtax, the district school board may

10  levy, pursuant to resolution adopted by a two-thirds vote of

11  the members of the school board, a discretionary sales surtax

12  at a rate not to exceed 0.5 percent when the following

13  conditions are met:

14         1.  The district school board and local governments in

15  the county where the school district is located have adopted

16  the interlocal agreement and public educational facilities

17  element required by s. 163.31776;

18         2.  The district school board has adopted a district

19  educational facilities plan pursuant to s. 235.185; and

20         3.  The district's use of surtax proceeds for new

21  construction must not exceed the cost-per-student criteria

22  established for the SIT Program in s. 235.216(2).

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

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

25  proceeds for fixed capital expenditures or fixed capital costs

26  associated with the construction, reconstruction, or

27  improvement of school facilities and campuses which have a

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

29  acquisition, land improvement, design, and engineering costs

30  related thereto. Additionally, the plan shall include the

31  costs of retrofitting and providing for technology

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  1  implementation, including hardware and software, for the

  2  various sites within the school district.  Surtax revenues may

  3  be used for the purpose of servicing bond indebtedness to

  4  finance projects authorized by this subsection, and any

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

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

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

  8  district school board has been recognized by the State Board

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

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

11  consistent with this subsection and with uses assured under

12  the Florida Frugal Schools Program.

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

14  implement a freeze on noncapital local school property taxes,

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

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

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

18  shall not apply to existing debt service or required state

19  taxes.

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

21  Revenue pursuant to this subsection shall be distributed to

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

23         Section 23.  Section 235.002, Florida Statutes, is

24  amended to read:

25         235.002  Intent.--

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

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

28  system the availability of an educational environment

29  appropriate to his or her educational needs which is

30  substantially equal to that available to any similar student,

31  notwithstanding geographic differences and varying local

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  1  economic factors, and to provide facilities for the Florida

  2  School for the Deaf and the Blind and other educational

  3  institutions and agencies as may be defined by law.

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

  5  construction techniques, and financing mechanisms in building

  6  educational facilities for the purposes purpose of reducing

  7  costs to the taxpayer, creating a more satisfactory

  8  educational environment, and reducing the amount of time

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

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

11  law.

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

13  educational facilities construction plans can meet the current

14  and projected needs of the public education system population

15  as quickly as possible by building uniform, sound educational

16  environments and to provide a sound base for planning for

17  educational facilities needs.

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

19  wide a range of fiscally sound financing methodologies as

20  possible for the delivery of educational facilities and, where

21  appropriate, for their construction, operation, and

22  maintenance.

23         (d)  Establish a systematic process of sharing

24  information between school boards and local governments on the

25  growth and development trends in their communities in order to

26  forecast future enrollment and school needs.

27         (e)  Establish a systematic process by which school

28  boards and local governments can cooperatively plan for the

29  provision of educational facilities to meet the current and

30  projected needs of the public education system, including the

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

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  1  growth and development decisions by local governments.

  2         (f)  Establish a systematic process by which local

  3  governments and school boards can cooperatively identify and

  4  meet the infrastructure needs of public schools.

  5         (2)  The Legislature finds and declares that:

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

  7  our communities and play a significant role in the thousands

  8  of individual housing decisions that result in community

  9  growth trends.

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

11  boundaries and responsibilities of individual units of

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

13  implement policies to deal with these issues without affecting

14  other units of government.

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

16  educational facilities and services enhances is essential to

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

18  this state.

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

20  impacts community infrastructure and services.  Assuring

21  coordinated and cooperative provision of such facilities and

22  associated infrastructure and services is in the best interest

23  of the state.

24         Section 24.  Notwithstanding subsection (7) of section

25  3 of chapter 2000-321, Laws of Florida, section 235.15,

26  Florida Statutes, shall not stand repealed on January 7, 2003,

27  as scheduled by that act, but that section is reenacted and

28  amended to read:

29         235.15  Educational plant survey; localized need

30  assessment; PECO project funding.--

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

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  1  Board of Regents, shall arrange for an educational plant

  2  survey, to aid in formulating plans for housing the

  3  educational program and student population, faculty,

  4  administrators, staff, and auxiliary and ancillary services of

  5  the district or campus, including consideration of the local

  6  comprehensive plan. The Office Division of Workforce and

  7  Economic Development shall document the need for additional

  8  career and adult education programs and the continuation of

  9  existing programs before facility construction or renovation

10  related to career or adult education may be included in the

11  educational plant survey of a school district or community

12  college that delivers career or adult education programs.

13  Information used by the Office Division of Workforce and

14  Economic Development to establish facility needs must include,

15  but need not be limited to, labor market data, needs analysis,

16  and information submitted by the school district or community

17  college.

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

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

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

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

22  Educational Facilities and SMART Schools Clearinghouse within

23  the Office of the Commissioner of Education. The survey report

24  shall include at least an inventory of existing educational

25  and ancillary plants, including safe access facilities;

26  recommendations for existing educational and ancillary plants;

27  recommendations for new educational or ancillary plants,

28  including the general location of each in coordination with

29  the land use plan and safe access facilities; campus master

30  plan update and detail for community colleges; the utilization

31  of school plants based on an extended school day or year-round

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  1  operation; and such other information as may be required by

  2  the rules of the Florida State Board of Education. This report

  3  may be amended, if conditions warrant, at the request of the

  4  board or commissioner.

  5         (b)  Required need assessment criteria for district,

  6  community college, college and state university plant

  7  surveys.--Each Educational plant surveys survey completed

  8  after December 31, 1997, must use uniform data sources and

  9  criteria specified in this paragraph.  Each educational plant

10  survey completed after June 30, 1995, and before January 1,

11  1998, must be revised, if necessary, to comply with this

12  paragraph.  Each revised educational plant survey and each new

13  educational plant survey supersedes previous surveys.

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

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

16  235.185. Each school district's educational plant survey must

17  reflect the capacity of existing satisfactory facilities as

18  reported in the Florida Inventory of School Houses.

19  Projections of facility space needs may not exceed the norm

20  space and occupant design criteria established by the State

21  Requirements for Educational Facilities. Existing and

22  projected capital outlay full-time equivalent student

23  enrollment must be consistent with data prepared by the

24  department and must include all enrollment used in the

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

26  satisfactory relocatable classrooms, including those owned,

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

28  included in the school district inventory of gross capacity of

29  facilities and must be counted at actual student capacity for

30  purposes of the inventory. For future needs determination,

31  student capacity shall not be assigned to any relocatable

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  1  classroom that is scheduled for elimination or replacement

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

  3  educational plant survey and in the district facilities work

  4  program adopted under s. 235.185. Those relocatables clearly

  5  identified and scheduled for replacement in a school board

  6  adopted financially feasible 5-year district facilities work

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

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

  9  if the district facilities work program is changed or altered

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

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

12  counting at actual capacity. Relocatables may not be

13  perpetually added to the work program and continually extended

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

15  remaining relocatable classrooms, including those owned,

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

17  counted at actual student capacity. The educational plant

18  survey shall identify the number of relocatable student

19  stations scheduled for replacement during the 5-year survey

20  period and the total dollar amount needed for that

21  replacement. All district educational plant surveys revised

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

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

24  accordance with the recommendations of the department's report

25  authorized in s. 235.056. A definition of satisfactory

26  relocatable classrooms shall be established by rule of the

27  department.

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

29  facility, or cooperative vocational education facility must be

30  based on capital outlay full-time equivalent student

31  enrollment data prepared by the department for school

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  1  districts, community colleges, colleges and universities by

  2  the Division of Community Colleges for community colleges, and

  3  by the Board of Regents for state universities. A survey of

  4  space needs of a joint-use facility shall be based upon the

  5  respective space needs of the school districts, community

  6  colleges, colleges and universities, as appropriate.

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

  8  not exceed the norm space and occupant design criteria

  9  established by the State Requirements for Educational

10  Facilities.

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

12  capacity of existing facilities as specified in the inventory

13  maintained by the Division of Community Colleges. Projections

14  of facility space needs must comply with standards for

15  determining space needs as specified by rule of the Florida

16  State Board of Education. The 5-year projection of capital

17  outlay student enrollment must be consistent with the annual

18  report of capital outlay full-time student enrollment prepared

19  by the Division of Community Colleges.

20         4.  Each college and state university's survey must

21  reflect the capacity of existing facilities as specified in

22  the inventory maintained and validated by the Division of

23  Colleges and Universities Board of Regents. Projections of

24  facility space needs must be consistent with standards for

25  determining space needs approved by the Division of Colleges

26  and Universities Board of Regents. The projected capital

27  outlay full-time equivalent student enrollment must be

28  consistent with the 5-year planned enrollment cycle for the

29  State University System approved by the Division of Colleges

30  and Universities Board of Regents.

31         5.  The district educational facilities plan

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  1  educational plant survey of a school district and the

  2  educational plant survey of a, community college, or college

  3  or state university may include space needs that deviate from

  4  approved standards for determining space needs if the

  5  deviation is justified by the district or institution and

  6  approved by the department or the Board of Regents, as

  7  appropriate, as necessary for the delivery of an approved

  8  educational program.

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

10  Facilities and SMART Schools Clearinghouse department shall

11  review and validate the surveys of school districts, and

12  community colleges, and colleges and universities, and any

13  amendments thereto for compliance with the requirements of

14  this chapter and, when required by the State Constitution,

15  shall recommend those in compliance for approval by the

16  Florida State Board of Education.

17         (2)  Only the superintendent, or the college president,

18  or the university president shall certify to the Office of

19  Educational Facilities and SMART Schools Clearinghouse

20  department a project's compliance with the requirements for

21  expenditure of PECO funds prior to release of funds.

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

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

24  Educational Facilities and SMART Schools Clearinghouse

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

26  in compliance with the board-approved survey recommendations,

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

28  and the limiting criteria for expenditures of PECO funding,

29  and that the plan is consistent with the local government

30  comprehensive plan.

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

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  1  certification must be made to the Office of Educational

  2  Facilities and SMART Schools Clearinghouse department that the

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

  4  board-approved survey recommendations, that the project meets

  5  the definition of a PECO project and the limiting criteria for

  6  expenditures of PECO funding, and that the construction

  7  documents meet the requirements of the Florida State Uniform

  8  Building Code for Educational Facilities Construction or other

  9  applicable codes as authorized in this chapter.

10         Section 25.  Subsection (3) of section 235.175, Florida

11  Statutes, is amended to read:

12         235.175  SMART schools; Classrooms First; legislative

13  purpose.--

14         (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK

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

16  235.185, requiring each school district annually to adopt an

17  educational facilities plan that provides an integrated

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

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

20  purpose of the educational facilities plan district facilities

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

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

23  using sound policies and practices that meet the essential

24  needs of students and that warrant public confidence in

25  district operations. The educational facilities plan district

26  facilities work program will be monitored by the Office of

27  Educational Facilities and SMART Schools Clearinghouse, which

28  will also apply performance standards pursuant to s. 235.218.

29         Section 26.  Section 235.18, Florida Statutes, is

30  amended to read:

31         235.18  Annual capital outlay budget.--Each board,

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

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

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

  4  well understood by the public. This capital outlay budget

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

  6  and in harmony with the board's capital outlay plan

  7  educational plant and ancillary facilities plan. This budget

  8  shall designate the proposed capital outlay expenditures by

  9  project for the year from all fund sources. The board may not

10  expend any funds on any project not included in the budget, as

11  amended. Each district school board must prepare its tentative

12  district education facilities plan facilities work program as

13  required by s. 235.185 before adopting the capital outlay

14  budget.

15         Section 27.  Section 235.185, Florida Statutes, is

16  amended to read:

17         235.185  School district educational facilities plan

18  work program; definitions; preparation, adoption, and

19  amendment; long-term work programs.--

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

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

22  comprehensive planning document that is adopted annually by

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

24  that contains the educational plant survey.

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

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

27  as provided in subsection (3).

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

29  the 5-year listing of capital outlay projects adopted by the

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

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

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  1  facilities plan, which is required in order to:

  2         1.  To Properly maintain the educational plant and

  3  ancillary facilities of the district.

  4         2.  To Provide an adequate number of satisfactory

  5  student stations for the projected student enrollment of the

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

  7  235.062.

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

  9  comprehensive planning document prepared annually by the

10  district school board and submitted to the Office of

11  Educational Facilities and SMART Schools Clearinghouse and the

12  affected general-purpose local governments.

13         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

14  FACILITIES PLAN WORK PROGRAM.--

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

16  school budget, each school board shall prepare a tentative

17  district educational facilities plan that includes long-range

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

19  20-year periods. The plan must be developed in coordination

20  with the general-purpose local governments and be consistent

21  with the local government comprehensive plans. The school

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

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

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

25  work program that includes:

26         1.  Projected student populations apportioned

27  geographically at the local level. The projections must be

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

29  education estimating conferences pursuant to s. 216.136, where

30  available, as modified by the district based on development

31  data and agreement with the local governments and the Office

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  1  of Educational Facilities and SMART Schools Clearinghouse. The

  2  projections must be apportioned geographically with assistance

  3  from the local governments using local development trend data

  4  and the school district student enrollment data.

  5         2.  An inventory of existing school facilities. Any

  6  anticipated expansions or closures of existing school sites

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

  8  identified. The inventory must include an assessment of areas

  9  proximate to existing schools and identification of the need

10  for improvements to infrastructure, safety, including safe

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

12  also provide a listing of major repairs and renovation

13  projects anticipated over the period of the plan.

14         3.  Projections of facilities space needs, which may

15  not exceed the norm space and occupant design criteria

16  established in the State Requirements for Educational

17  Facilities.

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

19  and relocatables used for conducting the district's

20  instructional programs.

21         5.  The general location of public schools proposed to

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

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

24  acreage needs and anticipated capacity and maps showing the

25  general locations. The school board's identification of

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

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

28  in the comprehensive plan which provide guidance for

29  appropriate locations for school sites.

30         6.  The identification of options deemed reasonable and

31  approved by the school board which reduce the need for

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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;

  7         e.  Charter schools;

  8         f.  Magnet schools; and

  9         g.  Public-private partnerships.

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

11  local government and the school board, for determining the

12  impact of proposed development to public school capacity.

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

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

15  program must include:

16         1.  A schedule of major repair and renovation projects

17  necessary to maintain the educational facilities plant and

18  ancillary facilities of the district.

19         2.  A schedule of capital outlay projects necessary to

20  ensure the availability of satisfactory student stations for

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

22  schedule shall consider:

23         a.  The locations, capacities, and planned utilization

24  rates of current educational facilities of the district. The

25  capacity of existing satisfactory facilities, as reported in

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

27  capital outlay full-time-equivalent student enrollment as

28  determined by the department, including all enrollment used in

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

30         b.  The proposed locations of planned facilities,

31  whether those locations are consistent with the comprehensive

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  1  plans of all affected local governments, and recommendations

  2  for infrastructure and other improvements to land adjacent to

  3  existing facilities. The provisions of ss. 235.19 and

  4  235.193(12), (13), and (14) must be addressed for new

  5  facilities planned within the first 3 years of the work plan,

  6  as appropriate.

  7         c.  Plans for the use and location of relocatable

  8  facilities, leased facilities, and charter school facilities.

  9         d.  Plans for multitrack scheduling, grade level

10  organization, block scheduling, or other alternatives that

11  reduce the need for additional permanent student stations.

12         e.  Information concerning average class size and

13  utilization rate by grade level within the district which that

14  will result if the tentative district facilities work program

15  is fully implemented. The average shall not include

16  exceptional student education classes or prekindergarten

17  classes.

18         f.  The number and percentage of district students

19  planned to be educated in relocatable facilities during each

20  year of the tentative district facilities work program. For

21  determining future needs, student capacity may not be assigned

22  to any relocatable classroom that is scheduled for elimination

23  or replacement with a permanent educational facility in the

24  current year of the adopted district educational facilities

25  plan and in the district facilities work program adopted under

26  this section. Those relocatable classrooms clearly identified

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

28  financially feasible, 5-year district facilities work program

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

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

31  district facilities work program is changed and the

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  1  relocatable classrooms are not replaced as scheduled in the

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

  3  and be counted at actual capacity. Relocatable classrooms may

  4  not be perpetually added to the work program or continually

  5  extended for purposes of circumventing this section. All

  6  relocatable classrooms not identified and scheduled for

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

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

  9  capacity. The district educational facilities plan must

10  identify the number of relocatable student stations scheduled

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

12  dollar amount needed for that replacement.

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

14  plans for disposition of the facility or usage of facility

15  space, and anticipated revenues.

16         h.  Projects for which capital outlay and debt service

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

18  Constitution are to be used shall be identified separately in

19  priority order on a project priority list within the district

20  facilities work program.

21         3.  The projected cost for each project identified in

22  the tentative district facilities work program. For proposed

23  projects for new student stations, a schedule shall be

24  prepared comparing the planned cost and square footage for

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

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

27  facilities constructed throughout the state during the most

28  recent fiscal year for which data is available from the

29  Department of Education.

30         4.  A schedule of estimated capital outlay revenues

31  from each currently approved source which is estimated to be

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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, 2002, 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 Office of Program Policy

31  Analysis and Government Accountability and the Auditor General

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  1  pursuant to s. 230.23025 satisfies this requirement.

  2         (3)  SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL

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

  4  board shall submit a copy of its tentative district

  5  educational facilities plan to all affected local governments

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

  7  shall review the tentative district educational facilities

  8  plan and comment to the district school board on the

  9  consistency of the plan with the local comprehensive plan,

10  whether a comprehensive plan amendment will be necessary for

11  any proposed educational facility, and whether the local

12  government supports a necessary comprehensive plan amendment.

13  If the local government does not support a comprehensive plan

14  amendment for a proposed educational facility, the matter

15  shall be resolved pursuant to the interlocal agreement when

16  required by ss. 163.3177(6)(h), 163.31777, and 235.193(2). The

17  process for the submittal and review shall be detailed in the

18  interlocal agreement when required pursuant to ss.

19  163.3177(6)(h), 163.31777, and 235.193(2).

20         (4)(3)  ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN

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

22  consider and adopt the tentative district educational

23  facilities plan work program completed pursuant to subsection

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

25  governments and opportunity for public comment, the district

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

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

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

29  sources which may become available. The adopted district

30  educational facilities plan work program shall:

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

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  1  capital outlay financial plan for the district.

  2         (b)  Set forth the proposed commitments and planned

  3  expenditures of the district to address the educational

  4  facilities needs of its students and to adequately provide for

  5  the maintenance of the educational plant and ancillary

  6  facilities, including safe access ways from neighborhoods to

  7  schools.

  8         (5)(4)  EXECUTION OF ADOPTED DISTRICT EDUCATIONAL

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

10  district educational facilities plan work program shall

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

12  The adopted district educational facilities plan work program

13  shall include the information required in subparagraphs

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

15  actually funded in the plan program.

16         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

17  the adopted district facilities work program covering the

18  5-year work program, the district school board shall adopt

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

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

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

22  20-year periods. It is recognized that the projections in the

23  10-year and 20-year timeframes are tentative and should be

24  used only for general planning purposes.

25         Section 28.  Section 235.1851, Florida Statutes, is

26  created to read:

27         235.1851  Educational facilities benefit districts.--

28         (1)  It is the intent of the Legislature to encourage

29  and authorize public cooperation among district school boards,

30  affected local general purpose governments, and benefited

31  private interests in order to implement financing for timely

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  1  construction and maintenance of school facilities, including

  2  facilities identified in individual district facilities work

  3  programs or proposed by charter schools.  It is the further

  4  intent of the Legislature to provide efficient alternative

  5  mechanisms and incentives to allow for sharing costs of

  6  educational facilities necessary to accommodate new growth and

  7  development among public agencies, including district school

  8  boards, affected local general purpose governments, and

  9  benefited private development interests.

10         (2)  The Legislature hereby authorizes the creation of

11  educational facilities benefit districts pursuant to

12  interlocal cooperation agreements between a district school

13  board and all local general purpose governments within whose

14  jurisdiction a district is located.  The purpose of

15  educational facilities benefit districts is to assist in

16  financing the construction and maintenance of educational

17  facilities.

18         (3)(a)  An educational facilities benefit district may

19  be created pursuant to this act and chapters 125, 163, 166,

20  and 189.  An educational facilities benefit district charter

21  may be created by a county or municipality by entering into an

22  interlocal agreement, as authorized by s. 163.01, with the

23  district school board and any local general purpose government

24  within whose jurisdiction a portion of the district is located

25  and adoption of an ordinance that includes all provisions

26  contained within s. 189.4041.  The creating entity shall be

27  the local general purpose government within whose boundaries a

28  majority of the educational facilities benefit district's

29  lands are located.

30         (b)  Creation of any educational facilities benefit

31  district shall be conditioned upon the consent of the district

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  1  school board, all local general purpose governments within

  2  whose jurisdiction any portion of the educational facilities

  3  benefit district is located, and all landowners within the

  4  district. The membership of the governing board of any

  5  educational facilities benefit district shall include

  6  representation of the district school board, each cooperating

  7  local general purpose government, and the landowners within

  8  the district.  In the case of an educational facilities

  9  benefit district's decision to create a charter school, the

10  board of directors of the charter school may constitute the

11  members of the governing board for the educational facilities

12  benefit district.

13         (4)  The educational facilities benefit district shall

14  have, and its governing board may exercise, the following

15  powers:

16         (a)  To finance and construct educational facilities

17  within the district's boundaries.

18         (b)  To sue and be sued in the name of the district; to

19  adopt and use a seal and authorize the use of a facsimile

20  thereof; to acquire, by purchase, gift, devise, or otherwise,

21  and to dispose of real and personal property or any estate

22  therein; and to make and execute contracts and other

23  instruments necessary or convenient to the exercise of its

24  powers.

25         (c)  To contract for the services of consultants to

26  perform planning, engineering, legal, or other appropriate

27  services of a professional nature.  Such contracts shall be

28  subject to the public bidding or competitive negotiations

29  required of local general purpose governments.

30         (d)  To borrow money and accept gifts; to apply for

31  unused grants or loans of money or other property from the

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  1  United States, the state, a unit of local government, or any

  2  person for any district purposes and enter into agreements

  3  required in connection therewith; and to hold, use, and

  4  dispose of such moneys or property for any district purposes

  5  in accordance with the terms of the gift, grant, loan, or

  6  agreement relating thereto.

  7         (e)  To adopt resolutions and polices prescribing the

  8  powers, duties, and functions of the officers of the district,

  9  the conduct of the business of the district, and the

10  maintenance of records and documents of the district.

11         (f)  To maintain an office at such place or places as

12  it may designate within the district or within the boundaries

13  of the local general purpose government that created the

14  district.

15         (g)  To lease as lessor or lessee to or from any

16  person, firm, corporation, association, or body, public or

17  private, any projects of the type that the district is

18  authorized to undertake and facilities or property of any

19  nature for use of the district to carry out any of the

20  purposes authorized by this act.

21         (h)  To borrow money and issue bonds, certificates,

22  warrants, notes, or other evidence of indebtedness pursuant to

23  this act for periods not longer than 30 years, provided such

24  bonds, certificates, warrants, notes, or other indebtedness

25  shall only be guaranteed by non-ad valorem assessments legally

26  imposed by the district and other available sources of funds

27  provided in this act and shall not pledge the full faith and

28  credit of any local general purpose government or the district

29  school board.

30         (i)  To cooperate with or contract with other

31  governmental agencies as may be necessary, convenient,

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  1  incidental, or proper in connection with any of the powers,

  2  duties, or purposes authorized by this act and to accept

  3  funding from local and state agencies as provided in this act.

  4         (j)  To levy, impose, collect, and enforce non-ad

  5  valorem assessments, as defined by s. 197.3632(1)(d), pursuant

  6  to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,

  7  and 197.3635.

  8         (k)  To exercise all powers necessary, convenient,

  9  incidental, or proper in connection with any of the powers,

10  duties, or purposes authorized by this act.

11         (5)  As an alternative to the creation of an

12  educational facilities benefit district, the Legislature

13  hereby recognizes and encourages the consideration of

14  community development district creation pursuant to chapter

15  190 as a viable alternative for financing the construction and

16  maintenance of educational facilities as described in this

17  act. Community development districts are granted the authority

18  to determine, order, levy, impose, collect, and enforce non-ad

19  valorem assessments for such purposes pursuant to this act and

20  chapters 170, 190, and 197. This authority is in addition to

21  any authority granted community development districts under

22  chapter 190. Community development districts are therefore

23  deemed eligible for the financial enhancements available to

24  educational facilities benefit districts providing for

25  financing the construction and maintenance of educational

26  facilities pursuant to s. 235.1852.  In order to receive such

27  financial enhancements, a community development district must

28  enter into an interlocal agreement with the district school

29  board and affected local general purpose governments that

30  specifies the obligations of all parties to the agreement.

31  Nothing in this act or in any interlocal agreement entered

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  1  into pursuant to this act requires any change in the method of

  2  election of a board of supervisors of a community development

  3  district provided in chapter 190.

  4         Section 29.  Section 235.1852, Florida Statutes, is

  5  created to read:

  6         235.1852  Local funding for educational facilities

  7  benefit districts or community development districts.--Upon

  8  confirmation by a district school board of the commitment of

  9  revenues by an educational facilities benefit district or

10  community development district necessary to construct and

11  maintain an educational facility contained within an

12  individual district facilities work program or proposed by an

13  approved charter school or a charter school applicant, the

14  following funds shall be provided to the educational

15  facilities benefit district or community development district

16  annually, beginning with the next fiscal year after

17  confirmation until the district's financial obligations are

18  completed:

19         (1)  All educational facilities impact fee revenue

20  collected for new development within the educational

21  facilities benefit district or community development district.

22  Funds provided under this subsection shall be used to fund the

23  construction and capital maintenance costs of educational

24  facilities.

25         (2)  For construction and capital maintenance costs not

26  covered by the funds provided under subsection (1), an annual

27  amount contributed by the district school board equal to

28  one-half of the remaining costs of construction and capital

29  maintenance of the educational facility. Any construction

30  costs above the cost-per-student criteria established for the

31  SIT Program in s. 235.216(2) shall be funded exclusively by

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  1  the educational facilities benefit district or the community

  2  development district. Funds contributed by a district school

  3  board shall not be used to fund operational costs.

  4

  5  Educational facilities funded pursuant to this act may be

  6  constructed on land that is owned by any person after the

  7  district school board has acquired from the owner of the land

  8  a long-term lease for the use of this land for a period of not

  9  less than 40 years or the life expectancy of the permanent

10  facilities constructed thereon, whichever is longer. All

11  interlocal agreements entered into pursuant to this act shall

12  provide for ownership of educational facilities funded

13  pursuant to this act to revert to the district school board if

14  such facilities cease to be used for public educational

15  purposes prior to 40 years after construction or prior to the

16  end of the life expectancy of the educational facilities,

17  whichever is longer.

18         Section 30.  Section 235.1853, Florida Statutes, is

19  created to read:

20         235.1853  Educational facilities benefit district or

21  community development district facility utilization.--The

22  student population of all facilities funded pursuant to this

23  act shall reflect the racial balance of the school district

24  pursuant to state and federal law.  However, to the extent

25  allowable pursuant to state and federal law, the interlocal

26  agreement providing for the establishment of the educational

27  facilities benefit district or the interlocal agreement

28  between the community development district and the district

29  school board and affected local general purpose governments

30  may provide for the district school board to establish school

31  attendance zones that allow students residing within a

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  1  reasonable distance of facilities financed through the

  2  interlocal agreement to attend such facilities.

  3         Section 31.  Section 235.188, Florida Statutes, is

  4  amended to read:

  5         235.188  Full bonding required to participate in

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

  7  Capital Outlay and Debt Service Trust Fund allocation that

  8  certifies in its district educational facilities plan work

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

10  new student stations within existing revenues must fully bond

11  its Capital Outlay and Debt Service Trust Fund allocation

12  before it may participate in Classrooms First, the School

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

14  Grants Program.

15         Section 32.  Section 235.19, Florida Statutes, is

16  amended to read:

17         235.19  Site planning and selection.--

18         (1)  Before acquiring property for sites, each board

19  shall determine the location of proposed educational centers

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

21  board shall consider existing and anticipated site needs and

22  the most economical and practicable locations of sites.  The

23  board shall coordinate with the long-range or comprehensive

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

25  assure the consistency compatibility of such plans with site

26  planning. Boards are encouraged to locate district educational

27  facilities schools proximate to urban residential areas to the

28  extent possible, and shall seek to collocate district

29  educational facilities schools with other public facilities,

30  such as parks, libraries, and community centers, to the extent

31  possible, and to encourage using elementary schools as focal

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  1  points for neighborhoods.

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

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

  4  that site by the original educational facility or future

  5  expansions of the facility through renovation or the addition

  6  of relocatables. The Commissioner of Education shall prescribe

  7  by rule recommended sizes for new sites according to

  8  categories of students to be housed and other appropriate

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

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

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

12  appropriate and equitable educational program on the site.

13         (3)  Sites recommended for purchase, or purchased, in

14  accordance with chapter 230 or chapter 240 must meet standards

15  prescribed therein and such supplementary standards as the

16  commissioner prescribes to promote the educational interests

17  of the students. Each site must be well drained and suitable

18  for outdoor educational purposes as appropriate for the

19  educational program or collocated with facilities to serve

20  this purpose. As provided in s. 333.03, the site must not be

21  located within any path of flight approach of any airport.

22  Insofar as is practicable, the site must not adjoin a

23  right-of-way of any railroad or through highway and must not

24  be adjacent to any factory or other property from which noise,

25  odors, or other disturbances, or at which conditions, would be

26  likely to interfere with the educational program. To the

27  extent practicable, sites must be chosen which will provide

28  safe access from neighborhoods to schools.

29         (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         (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         (6)  If the school board and local government have

  9  entered into an interlocal agreement pursuant to s. 235.193(2)

10  and either s. 163.3177(6)(h)4. or s. 163.31777 or have

11  developed a process to ensure consistency between the local

12  government comprehensive plan and the school district

13  educational facilities plan, site planning and selection must

14  be consistent with the interlocal agreements and the plans.

15         Section 33.  Section 235.193, Florida Statutes, is

16  amended to read:

17         235.193  Coordination of planning with local governing

18  bodies.--

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

20  coordination of planning between boards and local governing

21  bodies to ensure that plans for the construction and opening

22  of public educational facilities are facilitated and

23  coordinated in time and place with plans for residential

24  development, concurrently with other necessary services. Such

25  planning shall include the integration of the educational

26  facilities plan plant survey and applicable policies and

27  procedures of a board with the local comprehensive plan and

28  land development regulations of local governments governing

29  bodies. The planning must include the consideration of

30  allowing students to attend the school located nearest their

31  homes when a new housing development is constructed near a

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  1  county boundary and it is more feasible to transport the

  2  students a short distance to an existing facility in an

  3  adjacent county than to construct a new facility or transport

  4  students longer distances in their county of residence. The

  5  planning must also consider the effects of the location of

  6  public education facilities, including the feasibility of

  7  keeping central city facilities viable, in order to encourage

  8  central city redevelopment and the efficient use of

  9  infrastructure and to discourage uncontrolled urban sprawl. In

10  addition, all parties to the planning process must consult

11  with state and local road departments to assist in

12  implementing the Safe Paths to Schools program administered by

13  the Department of Transportation.

14         (2)(a)  The school board, county, and nonexempt

15  municipalities located within the geographic area of a school

16  district shall enter into an interlocal agreement that jointly

17  establishes the specific ways in which the plans and processes

18  of the district school board and the local governments are to

19  be coordinated. The interlocal agreements shall be submitted

20  to the state land planning agency and the Office of

21  Educational Facilities and the SMART Schools Clearinghouse in

22  accordance with a schedule published by the state land

23  planning agency.

24         (b)  The schedule must establish staggered due dates

25  for submission of interlocal agreements that are executed by

26  both the local government and district school board,

27  commencing on March 1, 2003, and concluding by December 1,

28  2004, and must set the same date for all governmental entities

29  within a school district. However, if the county where the

30  school district is located contains more than 20

31  municipalities, the state land planning agency may establish

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  1  staggered due dates for the submission of interlocal

  2  agreements by these municipalities. The schedule must begin

  3  with those areas where both the number of districtwide

  4  capital-outlay full-time-equivalent students equals 80 percent

  5  or more of the current year's school capacity and the

  6  projected 5-year student growth rate is 1,000 or greater, or

  7  where the projected 5-year student growth rate is 10 percent

  8  or greater.

  9         (c)  If the student population has declined over the

10  5-year period preceding the due date for submittal of an

11  interlocal agreement by the local government and the district

12  school board, the local government and district school board

13  may petition the state land planning agency for a waiver of

14  one or more of the requirements of subsection (3). The waiver

15  must be granted if the procedures called for in subsection (3)

16  are unnecessary because of the school district's declining

17  school age population, considering the district's 5-year work

18  program prepared pursuant to s. 235.185. The state land

19  planning agency may modify or revoke the waiver upon a finding

20  that the conditions upon which the waiver was granted no

21  longer exist. The district school board and local governments

22  must submit an interlocal agreement within 1 year after

23  notification by the state land planning agency that the

24  conditions for a waiver no longer exist.

25         (d)  Interlocal agreements between local governments

26  and district school boards adopted pursuant to s. 163.3177

27  before the effective date of subsections (2)-(9) must be

28  updated and executed pursuant to the requirements of

29  subsections (2)-(9), if necessary. Amendments to interlocal

30  agreements adopted pursuant to subsections (2)-(9) must be

31  submitted to the state land planning agency within 30 days

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  1  after execution by the parties for review consistent with

  2  subsections (3) and (4). Local governments and the district

  3  school board in each school district are encouraged to adopt a

  4  single interlocal agreement in which all join as parties. The

  5  state land planning agency shall assemble and make available

  6  model interlocal agreements meeting the requirements of

  7  subsections (2)-(9) and shall notify local governments and,

  8  jointly with the Department of Education, the district school

  9  boards of the requirements of subsections (2)-(9), the dates

10  for compliance, and the sanctions for noncompliance. The state

11  land planning agency shall be available to informally review

12  proposed interlocal agreements. If the state land planning

13  agency has not received a proposed interlocal agreement for

14  informal review, the state land planning agency shall, at

15  least 60 days before the deadline for submission of the

16  executed agreement, renotify the local government and the

17  district school board of the upcoming deadline and the

18  potential for sanctions.

19         (3)  At a minimum, the interlocal agreement must

20  address the following issues:

21         (a)  A process by which each local government and the

22  district school board agree and base their plans on consistent

23  projections of the amount, type, and distribution of

24  population growth and student enrollment. The geographic

25  distribution of jurisdiction-wide growth forecasts is a major

26  objective of the process. 

27         (b)  A process to coordinate and share information

28  relating to existing and planned public school facilities,

29  including school renovations and closures, and local

30  government plans for development and redevelopment.

31         (c)  Participation by affected local governments with

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  1  the district school board in the process of evaluating

  2  potential school closures, significant renovations to existing

  3  schools, and new school site selection before land

  4  acquisition. Local governments shall advise the district

  5  school board as to the consistency of the proposed closure,

  6  renovation, or new site with the local comprehensive plan,

  7  including appropriate circumstances and criteria under which a

  8  district school board may request an amendment to the

  9  comprehensive plan for school siting.

10         (d)  A process for determining the need for and timing

11  of on-site and off-site improvements to support new

12  construction, proposed expansion, or redevelopment of existing

13  schools. The process shall address identification of the party

14  or parties responsible for the improvements.

15         (e)  A process for the school board to inform the local

16  government regarding school capacity. The capacity reporting

17  must be consistent with laws and rules regarding measurement

18  of school facility capacity and must also identify how the

19  district school board will meet the public school demand based

20  on the facilities work program adopted pursuant to s. 235.185.

21         (f)  Participation of the local governments in the

22  preparation of the annual update to the school board's 5-year

23  district facilities work program and educational plant survey

24  prepared pursuant to s. 235.185.

25         (g)  A process for determining where and how joint use

26  of either school board or local government facilities can be

27  shared for mutual benefit and efficiency.

28         (h)  A procedure for the resolution of disputes between

29  the district school board and local governments, which may

30  include the dispute-resolution processes contained in chapters

31  164 and 186.

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  1         (i)  An oversight process, including an opportunity for

  2  public participation, for the implementation of the interlocal

  3  agreement.

  4

  5  A signatory to the interlocal agreement may elect not to

  6  include a provision meeting the requirements of paragraph (e);

  7  however, such a decision may be made only after a public

  8  hearing on such election, which may include the public hearing

  9  in which a district school board or a local government adopts

10  the interlocal agreement. An interlocal agreement entered into

11  pursuant to this section must be consistent with the adopted

12  comprehensive plan and land development regulations of any

13  local government that is a signatory.

14         (4)(a)  The Office of Educational Facilities and SMART

15  Schools Clearinghouse shall submit any comments or concerns

16  regarding the executed interlocal agreement to the state land

17  planning agency within 30 days after receipt of the executed

18  interlocal agreement. The state land planning agency shall

19  review the executed interlocal agreement to determine whether

20  it is consistent with the requirements of subsection (3), the

21  adopted local government comprehensive plan, and other

22  requirements of law. Within 60 days after receipt of an

23  executed interlocal agreement, the state land planning agency

24  shall publish a notice of intent in the Florida Administrative

25  Weekly and shall post a copy of the notice on the agency's

26  Internet site. The notice of intent must state that the

27  interlocal agreement is consistent or inconsistent with the

28  requirements of subsection (3) and this subsection as

29  appropriate.

30         (b)  The state land planning agency's notice is subject

31  to challenge under chapter 120; however, an affected person,

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  1  as defined in s. 163.3184(1)(a), has standing to initiate the

  2  administrative proceeding and this proceeding is the sole

  3  means available to challenge the consistency of an interlocal

  4  agreement required by this section with the criteria contained

  5  in subsection (3) and this subsection. In order to have

  6  standing, each person must have submitted oral or written

  7  comments, recommendations, or objections to the local

  8  government or the school board before the adoption of the

  9  interlocal agreement by the district school board and local

10  government. The district school board and local governments

11  are parties to any such proceeding. In this proceeding, when

12  the state land planning agency finds the interlocal agreement

13  to be consistent with the criteria in subsection (3) and this

14  subsection, the interlocal agreement must be determined to be

15  consistent with subsection (3) and this subsection if the

16  local government's and school board's determination of

17  consistency is fairly debatable. When the state land planning

18  agency finds the interlocal agreement to be inconsistent with

19  the requirements of subsection (3) and this subsection, the

20  local government's and school board's determination of

21  consistency shall be sustained unless it is shown by a

22  preponderance of the evidence that the interlocal agreement is

23  inconsistent.

24         (c)  If the state land planning agency enters a final

25  order that finds that the interlocal agreement is inconsistent

26  with the requirements of subsection (3) or this subsection,

27  the state land planning agency shall forward it to the

28  Administration Commission, which may impose sanctions against

29  the local government pursuant to s. 163.3184(11) and may

30  impose sanctions against the district school board by

31  directing the Department of Education to withhold an

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  1  equivalent amount of funds for school construction available

  2  pursuant to ss. 235.187, 235.216, 235.2195, and 235.42.

  3         (5)  If an executed interlocal agreement is not timely

  4  submitted to the state land planning agency for review, the

  5  state land planning agency shall, within 15 working days after

  6  the deadline for submittal, issue to the local government and

  7  the district school board a Notice to Show Cause why sanctions

  8  should not be imposed for failure to submit an executed

  9  interlocal agreement by the deadline established by the

10  agency. The agency shall forward the notice and the responses

11  to the Administration Commission, which may enter a final

12  order citing the failure to comply and imposing sanctions

13  against the local government and district school board by

14  directing the appropriate agencies to withhold at least 5

15  percent of state funds pursuant to s. 163.3184(11) and by

16  directing the Department of Education to withhold from the

17  district school board at least 5 percent of funds for school

18  construction available pursuant to ss. 235.187, 235.216,

19  235.2195, and 235.42.

20         (6)  Any local government transmitting a public school

21  element to implement school concurrency pursuant to the

22  requirements of s. 163.3180 before the effective date of this

23  section is not required to amend the element or any interlocal

24  agreement to conform with the provisions of subsections

25  (2)-(8) if the element is adopted prior to or within 1 year

26  after the effective date of subsections (2)-(8) and remains in

27  effect.

28         (7)  Except as provided in subsection (8),

29  municipalities having no established need for a new facility

30  and meeting the following criteria are exempt from the

31  requirements of subsections (2), (3) and (4):

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  1         (a)  The municipality has no public schools located

  2  within its boundaries.

  3         (b)  The district school board's 5-year facilities work

  4  program and the long-term 10-year and 20-year work programs,

  5  as provided in s. 235.185, demonstrate that no new school

  6  facility is needed in the municipality. In addition, the

  7  district school board must verify in writing that no new

  8  school facility will be needed in the municipality within the

  9  5-year and 10-year timeframes.

10         (8)  At the time of the evaluation and appraisal

11  report, each exempt municipality shall assess the extent to

12  which it continues to meet the criteria for exemption under

13  subsection (7). If the municipality continues to meet these

14  criteria and the district school board verifies in writing

15  that no new school facilities will be needed within the 5-year

16  and 10-year timeframes, the municipality shall continue to be

17  exempt from the interlocal-agreement requirement. Each

18  municipality exempt under subsection (7) must comply with the

19  provisions of subsections (2)-(8) within 1 year after the

20  district school board proposes, in its 5-year district

21  facilities work program, a new school within the

22  municipality's jurisdiction.

23         (9)(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, when provided by interlocal agreement, and the

  4  Office of Educational Facilities and SMART Schools

  5  Clearinghouse, in and a school board shall affirmatively

  6  demonstrate in the educational facilities report consideration

  7  of local governments' population projections, to ensure that

  8  the district educational facilities plan 5-year work program

  9  not only reflects enrollment projections but also considers

10  applicable municipal and county growth and development

11  projections. The projections must be apportioned

12  geographically with assistance from the local governments

13  using local government trend data and the school district

14  student enrollment data. A school board is precluded from

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

16  has failed to provide the annual educational facilities plan

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

18  235.194 unless the failure is corrected.

19         (10)(3)  The location of public educational facilities

20  shall be consistent with the comprehensive plan of the

21  appropriate local governing body developed under part II of

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

23  development regulations, to the extent that the regulations

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

25  specifically addressed by this chapter or the State Uniform

26  Building Code, unless mutually agreed by the local government

27  and the board.

28         (11)(4)  To improve coordination relative to potential

29  educational facility sites, a board shall provide written

30  notice to the local government that has regulatory authority

31  over the use of the land consistent with an interlocal

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  1  agreement entered pursuant to subsections (2)-(8) at least 60

  2  days prior to acquiring or leasing property that may be used

  3  for a new public educational facility.  The local government,

  4  upon receipt of this notice, shall notify the board within 45

  5  days if the site proposed for acquisition or lease is

  6  consistent with the land use categories and policies of the

  7  local government's comprehensive plan.  This preliminary

  8  notice does not constitute the local government's

  9  determination of consistency pursuant to subsection (12) (5).

10         (12)(5)  As early in the design phase as feasible and

11  consistent with an interlocal agreement entered pursuant to

12  subsections (2)-(8), but no later than 90 days before

13  commencing construction, the district school board shall in

14  writing request a determination of consistency with the local

15  government's comprehensive plan. but at least before

16  commencing construction of a new public educational facility,

17  The local governing body that regulates the use of land shall

18  determine, in writing within 45 90 days after receiving the

19  necessary information and a school board's request for a

20  determination, whether a proposed public educational facility

21  is consistent with the local comprehensive plan and consistent

22  with local land development regulations, to the extent that

23  the regulations are not in conflict with or the subject

24  regulated is not specifically addressed by this chapter or the

25  State Uniform Building Code, unless mutually agreed. If the

26  determination is affirmative, school construction may commence

27  proceed and further local government approvals are not

28  required, except as provided in this section. Failure of the

29  local governing body to make a determination in writing within

30  90 days after a school board's request for a determination of

31  consistency shall be considered an approval of the school

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  1  board's application.

  2         (13)(6)  A local governing body may not deny the site

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

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

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

  6  categories in which public schools are identified as allowable

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

  8  may impose reasonable development standards and conditions in

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

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

11  safety and welfare, and effects on adjacent property.

12  Standards and conditions may not be imposed which conflict

13  with those established in this chapter or the Florida State

14  Uniform Building Code, unless mutually agreed and consistent

15  with the interlocal agreement required by subsections (2)-(8).

16         (14)(7)  This section does not prohibit a local

17  governing body and district school board from agreeing and

18  establishing an alternative process for reviewing a proposed

19  educational facility and site plan, and offsite impacts,

20  pursuant to an interlocal agreement adopted in accordance with

21  subsections (2)-(8).

22         (15)(8)  Existing schools shall be considered

23  consistent with the applicable local government comprehensive

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

25  a new proposed public educational facility with an existing

26  public educational facility, or the expansion of an existing

27  public educational facility is not inconsistent with the local

28  comprehensive plan, if the site is consistent with the

29  comprehensive plan's future land use policies and categories

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

31  levels of service adopted by the local government for any

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  1  facilities affected by the proposed location for the new

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

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

  4  impose reasonable development standards and conditions on the

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

  6  Standards and conditions may not be imposed which conflict

  7  with those established in this chapter or the Florida State

  8  Uniform Building Code, unless mutually agreed upon. Local

  9  government review or approval is not required for:

10         (a)  The placement of temporary or portable classroom

11  facilities; or

12         (b)  Proposed renovation or construction on existing

13  school sites, with the exception of construction that changes

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

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

16  as mutually agreed upon, pursuant to an interlocal agreement

17  adopted in accordance with subsections (2)-(8).

18         Section 34.  Section 235.194, Florida Statutes, is

19  repealed.

20         Section 35.  Section 235.218, Florida Statutes, is

21  amended to read:

22         235.218  School district educational facilities plan

23  work program performance and productivity standards;

24  development; measurement; application.--

25         (1)  The Office of Educational Facilities and SMART

26  Schools Clearinghouse shall develop and adopt measures for

27  evaluating the performance and productivity of school district

28  educational facilities plans work programs. The measures may

29  be both quantitative and qualitative and must, to the maximum

30  extent practical, assess those factors that are within the

31  districts' control.  The measures must, at a minimum, assess

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  1  performance in the following areas:

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

  3         (b)  Efficient finance and administration.

  4         (c)  Optimal school and classroom size and utilization

  5  rate.

  6         (d)  Safety.

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

  8  capacity improvements that consider demographic projections.

  9         (f)  Level of district local effort.

10         (2)  The office clearinghouse shall establish annual

11  performance objectives and standards that can be used to

12  evaluate district performance and productivity.

13         (3)  The office clearinghouse shall conduct ongoing

14  evaluations of district educational facilities program

15  performance and productivity, using the measures adopted under

16  this section. If, using these measures, the office

17  clearinghouse finds that a district failed to perform

18  satisfactorily, the office clearinghouse must recommend to the

19  district school board actions to be taken to improve the

20  district's performance.

21         Section 36.  Paragraph (c) of subsection (2) of section

22  235.2197, Florida Statutes, is amended to read:

23         235.2197  Florida Frugal Schools Program.--

24         (2)  The "Florida Frugal Schools Program" is created to

25  recognize publicly each district school board that agrees to

26  build frugal yet functional educational facilities and that

27  implements "best financial management practices" when

28  planning, constructing, and operating educational facilities.

29  The Florida State Board of Education shall recognize a

30  district school board as having a Florida Frugal Schools

31  Program if the district requests recognition and satisfies two

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  1  or more of the following criteria:

  2         (c)  The district school board submits a plan to the

  3  Commissioner of Education certifying how the revenues

  4  generated by the levy of the capital outlay sales surtax

  5  authorized by s. 212.055(6) will be spent. The plan must

  6  include at least the following assurances about the use of the

  7  proceeds of the surtax and any accrued interest:

  8         1.  The district school board will use the surtax and

  9  accrued interest only for the fixed capital outlay purposes

10  identified by s. 212.055(6)(d) which will reduce school

11  overcrowding that has been validated by the Department of

12  Education, or for the repayment of bonded indebtedness related

13  to such capital outlay purposes.

14         2.  The district school board will not spend the surtax

15  or accrued interest to pay for operational expenses or for the

16  construction, renovation, or remodeling of any administrative

17  building or any other ancillary facility that is not directly

18  related to the instruction, feeding, or transportation of

19  students enrolled in the public schools.

20         3.  The district school board's use of the surtax and

21  accrued interest will be consistent with the best financial

22  management practices identified and approved under s.

23  230.23025.

24         4.  The district school board will apply the

25  educational facilities contracting and construction techniques

26  authorized by s. 235.211 or other construction management

27  techniques to reduce the cost of educational facilities.

28         5.  The district school board will discontinue the

29  surtax levy when the district has provided the

30  survey-recommended educational facilities that were determined

31  to be necessary to relieve school overcrowding; when the

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  1  district has satisfied any bonded indebtedness incurred for

  2  such educational facilities; or when the district's other

  3  sources of capital outlay funds are sufficient to provide such

  4  educational facilities, whichever occurs first.

  5         6.  The district school board will use any excess

  6  surtax collections or accrued interest to reduce the

  7  discretionary outlay millage levied under s. 236.25(2).

  8         Section 37.  Section 235.321, Florida Statutes, is

  9  amended to read:

10         235.321  Changes in construction requirements after

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

12  written policy duly adopted and entered in its official

13  minutes, authorize the superintendent or president or other

14  designated individual to approve change orders in the name of

15  the board for preestablished amounts.  Approvals shall be for

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

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

18  accountability, the school district shall monitor and report

19  the impact of change orders on its district educational

20  facilities plan work program pursuant to s. 235.185.

21         Section 38.  Paragraph (d) of subsection (5) of section

22  236.25, Florida Statutes, is amended to read:

23         236.25  District school tax.--

24         (5)

25         (d)  Notwithstanding any other provision of this

26  subsection, if through its adopted educational facilities plan

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

28  ancillary plant, has provided opportunity for public input as

29  to the relative value of the ancillary plant versus an

30  educational plant, and has obtained public approval, the

31  district may use revenue generated by the millage levy

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  1  authorized by subsection (2) for the acquisition,

  2  construction, renovation, remodeling, maintenance, or repair

  3  of an ancillary plant.

  4

  5  A district that violates these expenditure restrictions shall

  6  have an equal dollar reduction in funds appropriated to the

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

  8  audit citation.  The expenditure restrictions do not apply to

  9  any school district that certifies to the Commissioner of

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

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

12  that the district reasonably expects to receive during the

13  next 5 years or from alternative scheduling or construction,

14  leasing, rezoning, or technological methodologies that exhibit

15  sound management.

16         Section 39.  Subsection (3) of section 380.04, Florida

17  Statutes, is amended to read:

18         380.04  Definition of development.--

19         (3)  The following operations or uses shall not be

20  taken for the purpose of this chapter to involve "development"

21  as defined in this section:

22         (a)  Work by a highway or road agency or railroad

23  company for the maintenance or improvement of a road or

24  railroad track, if the work is carried out on land within the

25  boundaries of the right-of-way or any work or construction

26  within the boundaries of the right-of-way on the federal

27  interstate highway system.

28         (b)  Work by any utility and other persons engaged in

29  the distribution or transmission of electricity, gas, or

30  water, for the purpose of inspecting, repairing, renewing, or

31  constructing on established rights-of-way any sewers, mains,

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  1  pipes, cables, utility tunnels, power lines, towers, poles,

  2  tracks, or the like.

  3         (c)  Work for the maintenance, renewal, improvement, or

  4  alteration of any structure, if the work affects only the

  5  interior or the color of the structure or the decoration of

  6  the exterior of the structure.

  7         (d)  The use of any structure or land devoted to

  8  dwelling uses for any purpose customarily incidental to

  9  enjoyment of the dwelling.

10         (e)  The use of any land for the purpose of growing

11  plants, crops, trees, and other agricultural or forestry

12  products; raising livestock; or for other agricultural

13  purposes.

14         (f)  A change in use of land or structure from a use

15  within a class specified in an ordinance or rule to another

16  use in the same class.

17         (g)  A change in the ownership or form of ownership of

18  any parcel or structure.

19         (h)  The creation or termination of rights of access,

20  riparian rights, easements, covenants concerning development

21  of land, or other rights in land.

22         Section 40.  Paragraph (d) of subsection (2), paragraph

23  (b) of subsection (4), paragraph (a) of subsection (8),

24  subsection (12), paragraph (c) of subsection (15), subsection

25  (18), and paragraphs (b), (c), (e), and (f) of subsection (19)

26  of section 380.06, Florida Statutes, are amended, and

27  paragraphs (i) and (j) are added to subsection (24) of that

28  section, to read:

29         380.06  Developments of regional impact.--

30         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

31         (d)  The guidelines and standards shall be applied as

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  1  follows:

  2         1.  Fixed thresholds.--

  3         a.  A development that is at or below 100 80 percent of

  4  all numerical thresholds in the guidelines and standards shall

  5  not be required to undergo development-of-regional-impact

  6  review.

  7         b.  A development that is at or above 120 percent of

  8  any numerical threshold shall be required to undergo

  9  development-of-regional-impact review.

10         c.  Projects certified under s. 403.973 which create at

11  least 100 jobs and meet the criteria of the Office of Tourism,

12  Trade, and Economic Development as to their impact on an

13  area's economy, employment, and prevailing wage and skill

14  levels that are at or below 100 percent of the numerical

15  thresholds for industrial plants, industrial parks,

16  distribution, warehousing or wholesaling facilities, office

17  development or multiuse projects other than residential, as

18  described in s. 380.0651(3)(c), (d), and (i), are not required

19  to undergo development-of-regional-impact review.

20         2.  Rebuttable presumption presumptions.--

21         a.  It shall be presumed that a development that is

22  between 80 and 100 percent of a numerical threshold shall not

23  be required to undergo development-of-regional-impact review.

24         b.  It shall be presumed that a development that is at

25  100 percent or between 100 and 120 percent of a numerical

26  threshold shall be required to undergo

27  development-of-regional-impact review.

28         (4)  BINDING LETTER.--

29         (b)  Unless a developer waives the requirements of this

30  paragraph by agreeing to undergo

31  development-of-regional-impact review pursuant to this

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  1  section, the state land planning agency or local government

  2  with jurisdiction over the land on which a development is

  3  proposed may require a developer to obtain a binding letter

  4  if:

  5         1.  the development is at a presumptive numerical

  6  threshold or up to 20 percent above a numerical threshold in

  7  the guidelines and standards.; or

  8         2.  The development is between a presumptive numerical

  9  threshold and 20 percent below the numerical threshold and the

10  local government or the state land planning agency is in doubt

11  as to whether the character or magnitude of the development at

12  the proposed location creates a likelihood that the

13  development will have a substantial effect on the health,

14  safety, or welfare of citizens of more than one county.

15         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--

16         (a)  A developer may enter into a written preliminary

17  development agreement with the state land planning agency to

18  allow a developer to proceed with a limited amount of the

19  total proposed development, subject to all other governmental

20  approvals and solely at the developer's own risk, prior to

21  issuance of a final development order.  All owners of the land

22  in the total proposed development shall join the developer as

23  parties to the agreement. Each agreement shall include and be

24  subject to the following conditions:

25         1.  The developer shall comply with the preapplication

26  conference requirements pursuant to subsection (7) within 45

27  days after the execution of the agreement.

28         2.  The developer shall file an application for

29  development approval for the total proposed development within

30  3 months after execution of the agreement, unless the state

31  land planning agency agrees to a different time for good cause

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  1  shown. Failure to timely file an application and to otherwise

  2  diligently proceed in good faith to obtain a final development

  3  order shall constitute a breach of the preliminary development

  4  agreement.

  5         3.  The agreement shall include maps and legal

  6  descriptions of both the preliminary development area and the

  7  total proposed development area and shall specifically

  8  describe the preliminary development in terms of magnitude and

  9  location.  The area approved for preliminary development must

10  be included in the application for development approval and

11  shall be subject to the terms and conditions of the final

12  development order.

13         4.  The preliminary development shall be limited to

14  lands that the state land planning agency agrees are suitable

15  for development and shall only be allowed in areas where

16  adequate public infrastructure exists to accommodate the

17  preliminary development, when such development will utilize

18  public infrastructure.  The developer must also demonstrate

19  that the preliminary development will not result in material

20  adverse impacts to existing resources or existing or planned

21  facilities.

22         5.  The preliminary development agreement may allow

23  development which is:

24         a.  Less than or equal to 100 80 percent of any

25  applicable threshold if the developer demonstrates that such

26  development is consistent with subparagraph 4.; or

27         b.  Less than 120 percent of any applicable threshold

28  if the developer demonstrates that such development is part of

29  a proposed downtown development of regional impact specified

30  in subsection (22) or part of any areawide development of

31  regional impact specified in subsection (25) and that the

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  1  development is consistent with subparagraph 4.

  2         6.  The developer and owners of the land may not claim

  3  vested rights, or assert equitable estoppel, arising from the

  4  agreement or any expenditures or actions taken in reliance on

  5  the agreement to continue with the total proposed development

  6  beyond the preliminary development. The agreement shall not

  7  entitle the developer to a final development order approving

  8  the total proposed development or to particular conditions in

  9  a final development order.

10         7.  The agreement shall not prohibit the regional

11  planning agency from reviewing or commenting on any regional

12  issue that the regional agency determines should be included

13  in the regional agency's report on the application for

14  development approval.

15         8.  The agreement shall include a disclosure by the

16  developer and all the owners of the land in the total proposed

17  development of all land or development within 5 miles of the

18  total proposed development in which they have an interest and

19  shall describe such interest.

20         9.  In the event of a breach of the agreement or

21  failure to comply with any condition of the agreement, or if

22  the agreement was based on materially inaccurate information,

23  the state land planning agency may terminate the agreement or

24  file suit to enforce the agreement as provided in this section

25  and s. 380.11, including a suit to enjoin all development.

26         10.  A notice of the preliminary development agreement

27  shall be recorded by the developer in accordance with s.

28  28.222 with the clerk of the circuit court for each county in

29  which land covered by the terms of the agreement is located.

30  The notice shall include a legal description of the land

31  covered by the agreement and shall state the parties to the

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  1  agreement, the date of adoption of the agreement and any

  2  subsequent amendments, the location where the agreement may be

  3  examined, and that the agreement constitutes a land

  4  development regulation applicable to portions of the land

  5  covered by the agreement.  The provisions of the agreement

  6  shall inure to the benefit of and be binding upon successors

  7  and assigns of the parties in the agreement.

  8         11.  Except for those agreements which authorize

  9  preliminary development for substantial deviations pursuant to

10  subsection (19), a developer who no longer wishes to pursue a

11  development of regional impact may propose to abandon any

12  preliminary development agreement executed after January 1,

13  1985, including those pursuant to s. 380.032(3), provided at

14  the time of abandonment:

15         a.  A final development order under this section has

16  been rendered that approves all of the development actually

17  constructed; or

18         b.  The amount of development is less than 100 80

19  percent of all numerical thresholds of the guidelines and

20  standards, and the state land planning agency determines in

21  writing that the development to date is in compliance with all

22  applicable local regulations and the terms and conditions of

23  the preliminary development agreement and otherwise adequately

24  mitigates for the impacts of the development to date.

25

26  In either event, when a developer proposes to abandon said

27  agreement, the developer shall give written notice and state

28  that he or she is no longer proposing a development of

29  regional impact and provide adequate documentation that he or

30  she has met the criteria for abandonment of the agreement to

31  the state land planning agency.  Within 30 days of receipt of

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  1  adequate documentation of such notice, the state land planning

  2  agency shall make its determination as to whether or not the

  3  developer meets the criteria for abandonment.  Once the state

  4  land planning agency determines that the developer meets the

  5  criteria for abandonment, the state land planning agency shall

  6  issue a notice of abandonment which shall be recorded by the

  7  developer in accordance with s. 28.222 with the clerk of the

  8  circuit court for each county in which land covered by the

  9  terms of the agreement is located.

10         (12)  REGIONAL REPORTS.--

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

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

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

14  including the local government, shall prepare and submit to

15  the local government a report and recommendations on the

16  regional impact of the proposed development.  In preparing its

17  report and recommendations, the regional planning agency shall

18  identify regional issues based upon the following review

19  criteria and make recommendations to the local government on

20  these regional issues, specifically considering whether, and

21  the extent to which:

22         1.  The development will have a favorable or

23  unfavorable impact on state or regional resources or

24  facilities identified in the applicable state or regional

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

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

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

28  comprehensive regional policy plan until the adoption of a

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

30  thereafter means an adopted strategic regional policy plan.

31         2.  The development will significantly impact adjacent

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  1  jurisdictions. At the request of the appropriate local

  2  government, regional planning agencies may also review and

  3  comment upon issues that affect only the requesting local

  4  government.

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

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

  7  adversely affect the ability of people to find adequate

  8  housing reasonably accessible to their places of employment.

  9  The determination should take into account information on

10  factors that are relevant to the availability of reasonably

11  accessible adequate housing.  Adequate housing means housing

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

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

14  other appropriate agencies shall review the proposed

15  development and shall prepare reports and recommendations on

16  issues that are clearly within the jurisdiction of those

17  agencies. Such agency reports shall become part of the

18  regional planning agency report; however, the regional

19  planning agency may attach dissenting views. When water

20  management district and Department of Environmental Protection

21  permits have been issued pursuant to chapter 373 or chapter

22  403, the regional planning council may comment on the regional

23  implications of the permits but may not offer conflicting

24  recommendations.

25         (c)  The regional planning agency shall afford the

26  developer or any substantially affected party reasonable

27  opportunity to present evidence to the regional planning

28  agency head relating to the proposed regional agency report

29  and recommendations.

30         (d)  When the location of a proposed development

31  involves land within the boundaries of multiple regional

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  1  planning councils, the state land planning agency shall

  2  designate a lead regional planning council. The lead regional

  3  planning council shall prepare the regional report.

  4         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

  5         (c)  The development order shall include findings of

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

  7  and (14). The development order:

  8         1.  Shall specify the monitoring procedures and the

  9  local official responsible for assuring compliance by the

10  developer with the development order.

11         2.  Shall establish compliance dates for the

12  development order, including a deadline for commencing

13  physical development and for compliance with conditions of

14  approval or phasing requirements, and shall include a

15  termination date that reasonably reflects the time required to

16  complete the development.

17         3.  Shall establish a date until which the local

18  government agrees that the approved development of regional

19  impact shall not be subject to downzoning, unit density

20  reduction, or intensity reduction, unless the local government

21  can demonstrate that substantial changes in the conditions

22  underlying the approval of the development order have occurred

23  or the development order was based on substantially inaccurate

24  information provided by the developer or that the change is

25  clearly established by local government to be essential to the

26  public health, safety, or welfare.

27         4.  Shall specify the requirements for the biennial

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

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

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

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

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  1  scope of any additional local requirements that may be

  2  necessary for the report.

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

  4  which shall require submission for a substantial deviation

  5  determination under subsection (19).

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

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

  8  submit a biennial an annual report on the development of

  9  regional impact to the local government, the regional planning

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

11  permit agencies in alternate years on the date specified in

12  the development order, unless the development order by its

13  terms requires more frequent monitoring.  If the annual report

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

15  land planning agency shall notify the local government.  If

16  the local government does not receive the annual report or

17  receives notification that the regional planning agency or the

18  state land planning agency has not received the report, the

19  local government shall request in writing that the developer

20  submit the report within 30 days.  The failure to submit the

21  report after 30 days shall result in the temporary suspension

22  of the development order by the local government. If no

23  additional development pursuant to the development order has

24  occurred since the submission of the previous report, then a

25  letter from the developer stating that no development has

26  occurred shall satisfy the requirement for a report.

27  Development orders that require annual reports may be amended

28  to require biennial reports at the option of the local

29  government.

30         (19)  SUBSTANTIAL DEVIATIONS.--

31         (b)  Any proposed change to a previously approved

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  1  development of regional impact or development order condition

  2  which, either individually or cumulatively with other changes,

  3  exceeds any of the following criteria shall constitute a

  4  substantial deviation and shall cause the development to be

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

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

  7  government:

  8         1.  An increase in the number of parking spaces at an

  9  attraction or recreational facility by 5 percent or 300

10  spaces, whichever is greater, or an increase in the number of

11  spectators that may be accommodated at such a facility by 5

12  percent or 1,000 spectators, whichever is greater.

13         2.  A new runway, a new terminal facility, a 25-percent

14  lengthening of an existing runway, or a 25-percent increase in

15  the number of gates of an existing terminal, but only if the

16  increase adds at least three additional gates.  However, if an

17  airport is located in two counties, a 10-percent lengthening

18  of an existing runway or a 20-percent increase in the number

19  of gates of an existing terminal is the applicable criteria.

20         3.  An increase in the number of hospital beds by 5

21  percent or 60 beds, whichever is greater.

22         4.  An increase in industrial development area by 5

23  percent or 32 acres, whichever is greater.

24         5.  An increase in the average annual acreage mined by

25  5 percent or 10 acres, whichever is greater, or an increase in

26  the average daily water consumption by a mining operation by 5

27  percent or 300,000 gallons, whichever is greater.  An increase

28  in the size of the mine by 5 percent or 750 acres, whichever

29  is less.

30         6.  An increase in land area for office development by

31  5 percent or 6 acres, whichever is greater, or an increase of

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  1  gross floor area of office development by 5 percent or 60,000

  2  gross square feet, whichever is greater.

  3         7.  An increase in the storage capacity for chemical or

  4  petroleum storage facilities by 5 percent, 20,000 barrels, or

  5  7 million pounds, whichever is greater.

  6         8.  An increase of development at a waterport of wet

  7  storage for 20 watercraft, dry storage for 30 watercraft, or

  8  wet/dry storage for 60 watercraft in an area identified in the

  9  state marina siting plan as an appropriate site for additional

10  waterport development or a 5-percent increase in watercraft

11  storage capacity, whichever is greater.

12         9.  An increase in the number of dwelling units by 5

13  percent or 50 dwelling units, whichever is greater.

14         10.  An increase in commercial development by 6 acres

15  of land area or by 50,000 square feet of gross floor area, or

16  of parking spaces provided for customers for 300 cars or a

17  5-percent increase of either any of these, whichever is

18  greater.

19         11.  An increase in hotel or motel facility units by 5

20  percent or 75 units, whichever is greater.

21         12.  An increase in a recreational vehicle park area by

22  5 percent or 100 vehicle spaces, whichever is less.

23         13.  A decrease in the area set aside for open space of

24  5 percent or 20 acres, whichever is less.

25         14.  A proposed increase to an approved multiuse

26  development of regional impact where the sum of the increases

27  of each land use as a percentage of the applicable substantial

28  deviation criteria is equal to or exceeds 100 percent. The

29  percentage of any decrease in the amount of open space shall

30  be treated as an increase for purposes of determining when 100

31  percent has been reached or exceeded.

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  1         15.  A 15-percent increase in the number of external

  2  vehicle trips generated by the development above that which

  3  was projected during the original

  4  development-of-regional-impact review.

  5         16.  Any change which would result in development of

  6  any area which was specifically set aside in the application

  7  for development approval or in the development order for

  8  preservation or special protection of endangered or threatened

  9  plants or animals designated as endangered, threatened, or

10  species of special concern and their habitat, primary dunes,

11  or archaeological and historical sites designated as

12  significant by the Division of Historical Resources of the

13  Department of State.  The further refinement of such areas by

14  survey shall be considered under sub-subparagraph (e)5.b.

15

16  The substantial deviation numerical standards in subparagraphs

17  4., 6., 10., 14., excluding residential uses, and 15., are

18  increased by 100 percent for a project certified under s.

19  403.973 which creates jobs and meets criteria established by

20  the Office of Tourism, Trade, and Economic Development as to

21  its impact on an area's economy, employment, and prevailing

22  wage and skill levels. The substantial deviation numerical

23  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

24  increased by 50 percent for a project located wholly within an

25  urban infill and redevelopment area designated on the

26  applicable adopted local comprehensive plan future land use

27  map and not located within the coastal high hazard area.

28         (c)  An extension of the date of buildout of a

29  development, or any phase thereof, by 7 or more years shall be

30  presumed to create a substantial deviation subject to further

31  development-of-regional-impact review. An extension of 6 years

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  1  or more, but less than 7 years, shall be presumed not to

  2  create a substantial deviation. An extension of the date of

  3  buildout, or any phase thereof, of 5 years or more but less

  4  than 7 years shall be presumed not to create a substantial

  5  deviation. These presumptions may be rebutted by clear and

  6  convincing evidence at the public hearing held by the local

  7  government. An extension of the date of buildout, or any phase

  8  thereof, of less than 6 5 years is not a substantial

  9  deviation. For the purpose of calculating when a buildout,

10  phase, or termination date has been exceeded, the time shall

11  be tolled during the pendency of administrative or judicial

12  proceedings relating to development permits.  Any extension of

13  the buildout date of a project or a phase thereof shall

14  automatically extend the commencement date of the project, the

15  termination date of the development order, the expiration date

16  of the development of regional impact, and the phases thereof

17  by a like period of time.

18         (e)1.  A proposed change which, either individually or,

19  if there were previous changes, cumulatively with those

20  changes, is equal to or exceeds 40 percent of any numerical

21  criterion in subparagraphs (b)1.-15., but which does not

22  exceed such criterion, shall be presumed not to create a

23  substantial deviation subject to further

24  development-of-regional-impact review.  The presumption may be

25  rebutted by clear and convincing evidence at the public

26  hearing held by the local government pursuant to subparagraph

27  (f)5.

28         2.  Except for a development order rendered pursuant to

29  subsection (22) or subsection (25), a proposed change to a

30  development order that individually or cumulatively with any

31  previous change is less than 40 percent of any numerical

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  1  criterion contained in subparagraphs (b)1.-15. and does not

  2  exceed any other criterion, or that involves an extension of

  3  the buildout date of a development, or any phase thereof, of

  4  less than 6 5 years is not a substantial deviation, is not

  5  subject to the public hearing requirements of subparagraph

  6  (f)3., and is not subject to a determination pursuant to

  7  subparagraph (f)5.  Notice of the proposed change shall be

  8  made to the regional planning council and the state land

  9  planning agency. Such notice shall include a description of

10  previous individual changes made to the development, including

11  changes previously approved by the local government, and shall

12  include appropriate amendments to the development order.

13         2.  The following changes, individually or cumulatively

14  with any previous changes, are not substantial deviations:

15         a.  Changes in the name of the project, developer,

16  owner, or monitoring official.

17         b.  Changes to a setback that do not affect noise

18  buffers, environmental protection or mitigation areas, or

19  archaeological or historical resources.

20         c.  Changes to minimum lot sizes.

21         d.  Changes in the configuration of internal roads that

22  do not affect external access points.

23         e.  Changes to the building design or orientation that

24  stay approximately within the approved area designated for

25  such building and parking lot, and which do not affect

26  historical buildings designated as significant by the Division

27  of Historical Resources of the Department of State.

28         f.  Changes to increase the acreage in the development,

29  provided that no development is proposed on the acreage to be

30  added.

31         g.  Changes to eliminate an approved land use, provided

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  1  that there are no additional regional impacts.

  2         h.  Changes required to conform to permits approved by

  3  any federal, state, or regional permitting agency, provided

  4  that these changes do not create additional regional impacts.

  5         i.  Any renovation or redevelopment of development

  6  within a previously approved development of regional impact

  7  which does not change land use or increase density or

  8  intensity of use.

  9         (j)i.  Any other change which the state land planning

10  agency agrees in writing is similar in nature, impact, or

11  character to the changes enumerated in sub-subparagraphs a.-i.

12  a.-h. and which does not create the likelihood of any

13  additional regional impact.

14

15  This subsection does not require a development order amendment

16  for any change listed in sub-subparagraphs a.-j. a.-i. unless

17  such issue is addressed either in the existing development

18  order or in the application for development approval, but, in

19  the case of the application, only if, and in the manner in

20  which, the application is incorporated in the development

21  order.

22         3.  Except for the change authorized by

23  sub-subparagraph 2.f., any addition of land not previously

24  reviewed or any change not specified in paragraph (b) or

25  paragraph (c) shall be presumed to create a substantial

26  deviation.  This presumption may be rebutted by clear and

27  convincing evidence.

28         4.  Any submittal of a proposed change to a previously

29  approved development shall include a description of individual

30  changes previously made to the development, including changes

31  previously approved by the local government.  The local

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  1  government shall consider the previous and current proposed

  2  changes in deciding whether such changes cumulatively

  3  constitute a substantial deviation requiring further

  4  development-of-regional-impact review.

  5         5.  The following changes to an approved development of

  6  regional impact shall be presumed to create a substantial

  7  deviation.  Such presumption may be rebutted by clear and

  8  convincing evidence.

  9         a.  A change proposed for 15 percent or more of the

10  acreage to a land use not previously approved in the

11  development order.  Changes of less than 15 percent shall be

12  presumed not to create a substantial deviation.

13         b.  Except for the types of uses listed in subparagraph

14  (b)16., any change which would result in the 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, buffers, or special protection, including

18  habitat for plant and animal species, archaeological and

19  historical sites, dunes, and other special areas.

20         c.  Notwithstanding any provision of paragraph (b) to

21  the contrary, a proposed change consisting of simultaneous

22  increases and decreases of at least two of the uses within an

23  authorized multiuse development of regional impact which was

24  originally approved with three or more uses specified in s.

25  380.0651(3)(c), (d), (f), and (g) and residential use.

26         (f)1.  The state land planning agency shall establish

27  by rule standard forms for submittal of proposed changes to a

28  previously approved development of regional impact which may

29  require further development-of-regional-impact review.  At a

30  minimum, the standard form shall require the developer to

31  provide the precise language that the developer proposes to

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  1  delete or add as an amendment to the development order.

  2         2.  The developer shall submit, simultaneously, to the

  3  local government, the regional planning agency, and the state

  4  land planning agency the request for approval of a proposed

  5  change.

  6         3.  No sooner than 30 days but no later than 45 days

  7  after submittal by the developer to the local government, the

  8  state land planning agency, and the appropriate regional

  9  planning agency, the local government shall give 15 days'

10  notice and schedule a public hearing to consider the change

11  that the developer asserts does not create a substantial

12  deviation. This public hearing shall be held within 90 days

13  after submittal of the proposed changes, unless that time is

14  extended by the developer.

15         4.  The appropriate regional planning agency or the

16  state land planning agency shall review the proposed change

17  and, no later than 45 days after submittal by the developer of

18  the proposed change, unless that time is extended by the

19  developer, and prior to the public hearing at which the

20  proposed change is to be considered, shall advise the local

21  government in writing whether it objects to the proposed

22  change, shall specify the reasons for its objection, if any,

23  and shall provide a copy to the developer.  A change which is

24  subject to the substantial deviation criteria specified in

25  sub-subparagraph (e)5.c. shall not be subject to this

26  requirement.

27         5.  At the public hearing, the local government shall

28  determine whether the proposed change requires further

29  development-of-regional-impact review.  The provisions of

30  paragraphs (a) and (e), the thresholds set forth in paragraph

31  (b), and the presumptions set forth in paragraphs (c) and (d)

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  1  and subparagraph (e)3. subparagraphs (e)1. and 3. shall be

  2  applicable in determining whether further

  3  development-of-regional-impact review is required.

  4         6.  If the local government determines that the

  5  proposed change does not require further

  6  development-of-regional-impact review and is otherwise

  7  approved, or if the proposed change is not subject to a

  8  hearing and determination pursuant to subparagraphs 3. and 5.

  9  and is otherwise approved, the local government shall issue an

10  amendment to the development order incorporating the approved

11  change and conditions of approval relating to the change. The

12  decision of the local government to approve, with or without

13  conditions, or to deny the proposed change that the developer

14  asserts does not require further review shall be subject to

15  the appeal provisions of s. 380.07. However, the state land

16  planning agency may not appeal the local government decision

17  if it did not comply with subparagraph 4.  The state land

18  planning agency may not appeal a change to a development order

19  made pursuant to subparagraph (e)1. or subparagraph (e)2. for

20  developments of regional impact approved after January 1,

21  1980, unless the change would result in a significant impact

22  to a regionally significant archaeological, historical, or

23  natural resource not previously identified in the original

24  development-of-regional-impact review.

25         (24)  STATUTORY EXEMPTIONS.--

26         (i)  Any proposed facility for the storage of any

27  petroleum product or any expansion of an existing facility is

28  exempt from the provisions of this section, if the facility is

29  consistent with a local comprehensive plan that is in

30  compliance with s. 163.3177 or is consistent with a

31  comprehensive port master plan that is in compliance with s.

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  1  163.3178.

  2         (j)  Any renovation or redevelopment within the same

  3  land parcel which does not change land use or increase density

  4  or intensity of use.

  5         Section 41.  Paragraphs (d) and (f) of subsection (3)

  6  of section 380.0651, Florida Statutes, are amended to read:

  7         380.0651  Statewide guidelines and standards.--

  8         (3)  The following statewide guidelines and standards

  9  shall be applied in the manner described in s. 380.06(2) to

10  determine whether the following developments shall be required

11  to undergo development-of-regional-impact review:

12         (d)  Office development.--Any proposed office building

13  or park operated under common ownership, development plan, or

14  management that:

15         1.  Encompasses 300,000 or more square feet of gross

16  floor area; or

17         2.  Has a total site size of 30 or more acres; or

18         3.  Encompasses more than 600,000 square feet of gross

19  floor area in a county with a population greater than 500,000

20  and only in a geographic area specifically designated as

21  highly suitable for increased threshold intensity in the

22  approved local comprehensive plan and in the strategic

23  regional policy plan.

24         (f)  Retail and service development.--Any proposed

25  retail, service, or wholesale business establishment or group

26  of establishments which deals primarily with the general

27  public onsite, operated under one common property ownership,

28  development plan, or management that:

29         1.  Encompasses more than 400,000 square feet of gross

30  area; or

31         2.  Occupies more than 40 acres of land; or

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  1         3.  Provides parking spaces for more than 2,500 cars.

  2         Section 42.  (1)  Nothing contained in this act

  3  abridges or modifies any vested or other right or any duty or

  4  obligation pursuant to any development order or agreement that

  5  is applicable to a development of regional impact on the

  6  effective date of this act.  A development that has received a

  7  development-of-regional-impact development order pursuant to

  8  section 380.06, Florida Statutes, but is no longer required to

  9  undergo development-of-regional-impact review by operation of

10  this act, shall be governed by the following procedures:

11         (a)  The development shall continue to be governed by

12  the development-of-regional-impact development order and may

13  be completed in reliance upon and pursuant to the development

14  order.  The development-of-regional-impact development order

15  may be enforced by the local government as provided by

16  sections 380.06(17) and 380.11, Florida Statutes.

17         (b)  If requested by the developer or landowner, the

18  development-of-regional-impact development order may be

19  abandoned pursuant to the process in s. 380.06(26).

20         (2)  A development with an application for development

21  approval pending, and determined sufficient pursuant to

22  section 380.06(10), Florida Statutes, on the effective date of

23  this act, or a notification of proposed change pending on the

24  effective date of this act, may elect to continue such review

25  pursuant to section 380.06, Florida Statutes.  At the

26  conclusion of the pending review, including any appeals

27  pursuant to section 380.07, Florida Statutes, the resulting

28  development order shall be governed by the provisions of

29  subsection (1).

30         Section 43.  Subsection (6) is added to s. 163.3194,

31  Florida Statutes, to read:

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  1         163.3194  Legal status of comprehensive plan.--

  2         (1)(a)  After a comprehensive plan, or element or

  3  portion thereof, has been adopted in conformity with this act,

  4  all development undertaken by, and all actions taken in regard

  5  to development orders by, governmental agencies in regard to

  6  land covered by such plan or element shall be consistent with

  7  such plan or element as adopted.

  8         (b)  All land development regulations enacted or

  9  amended shall be consistent with the adopted comprehensive

10  plan, or element or portion thereof, and any land development

11  regulations existing at the time of adoption which are not

12  consistent with the adopted comprehensive plan, or element or

13  portion thereof, shall be amended so as to be consistent.  If

14  a local government allows an existing land development

15  regulation which is inconsistent with the most recently

16  adopted comprehensive plan, or element or portion thereof, to

17  remain in effect, the local government shall adopt a schedule

18  for bringing the land development regulation into conformity

19  with the provisions of the most recently adopted comprehensive

20  plan, or element or portion thereof.  During the interim

21  period when the provisions of the most recently adopted

22  comprehensive plan, or element or portion thereof, and the

23  land development regulations are inconsistent, the provisions

24  of the most recently adopted comprehensive plan, or element or

25  portion thereof, shall govern any action taken in regard to an

26  application for a development order.

27         (2)  After a comprehensive plan for the area, or

28  element or portion thereof, is adopted by the governing body,

29  no land development regulation, land development code, or

30  amendment thereto shall be adopted by the governing body until

31  such regulation, code, or amendment has been referred either

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  1  to the local planning agency or to a separate land development

  2  regulation commission created pursuant to local ordinance, or

  3  to both, for review and recommendation as to the relationship

  4  of such proposal to the adopted comprehensive plan, or element

  5  or portion thereof. Said recommendation shall be made within a

  6  reasonable time, but no later than within 2 months after the

  7  time of reference.  If a recommendation is not made within the

  8  time provided, then the governing body may act on the

  9  adoption.

10         (3)(a)  A development order or land development

11  regulation shall be consistent with the comprehensive plan if

12  the land uses, densities or intensities, and other aspects of

13  development permitted by such order or regulation are

14  compatible with and further the objectives, policies, land

15  uses, and densities or intensities in the comprehensive plan

16  and if it meets all other criteria enumerated by the local

17  government.

18         (b)  A development approved or undertaken by a local

19  government shall be consistent with the comprehensive plan if

20  the land uses, densities or intensities, capacity or size,

21  timing, and other aspects of the development are compatible

22  with and further the objectives, policies, land uses, and

23  densities or intensities in the comprehensive plan and if it

24  meets all other criteria enumerated by the local government.

25         (4)(a)  A court, in reviewing local governmental action

26  or development regulations under this act, may consider, among

27  other things, the reasonableness of the comprehensive plan, or

28  element or elements thereof, relating to the issue justiciably

29  raised or the appropriateness and completeness of the

30  comprehensive plan, or element or elements thereof, in

31  relation to the governmental action or development regulation

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  1  under consideration.  The court may consider the relationship

  2  of the comprehensive plan, or element or elements thereof, to

  3  the governmental action taken or the development regulation

  4  involved in litigation, but private property shall not be

  5  taken without due process of law and the payment of just

  6  compensation.

  7         (b)  It is the intent of this act that the

  8  comprehensive plan set general guidelines and principles

  9  concerning its purposes and contents and that this act shall

10  be construed broadly to accomplish its stated purposes and

11  objectives.

12         (5)  The tax-exempt status of lands classified as

13  agricultural under s. 193.461 shall not be affected by any

14  comprehensive plan adopted under this act as long as the land

15  meets the criteria set forth in s. 193.461.

16         (6)  If a proposed solid waste management facility is

17  permitted by the Department of Environmental Protection to

18  receive materials from the construction or demolition of a

19  road or other transportation facility, a local government may

20  not deny an application for a development approval for a

21  requested land use that would accommodate such a facility,

22  provided the local government previously approved a land use

23  classification change to a local comprehensive plan or

24  approved a rezoning to a category allowing such land use on

25  the parcel, and the requested land use was disclosed during

26  the previous comprehensive plan or rezoning hearing as being

27  an express purpose of the land use changes.

28         Section 44.  It is the intent of the Legislature that

29  section 14 or section 33 of this act shall not affect the

30  outcome of any litigation pending on the effective date of

31  this act, including any future appeals. It is the further

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  1  intent of the Legislature that section 14 or section 33 of

  2  this act do not serve as legal authority support of any party

  3  to such litigation or any appeal thereof.

  4         Section 45.  It is the intent of the Legislature that

  5  section 19 of this act shall not affect the outcome of

  6  Pinecrest Lakes, Inc. v. Schidel, 795 So.2d 191 (Fla. 4th DCA

  7  2001), rehearing denied, 802 So.2d 486.

  8         Section 46.  The Legislature finds that the integration

  9  of the growth management system and the planning of public

10  educational facilities is a matter of great public importance.

11

12  (Redesignate subsequent sections.)

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 2, line 1, after the second semicolon,

18

19  insert:

20         amending s. 163.3174, F.S.; requiring that the

21         membership of all local planning agencies or

22         equivalent agencies that review comprehensive

23         plan amendments and rezonings include a

24         nonvoting representative of the district school

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

26         elements of comprehensive plans; revising

27         provisions governing the regulation of

28         intensity of use in the future land use map;

29         providing for intergovernmental coordination

30         between local governments and district school

31         boards where a public-school-facilities element

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  1         has been adopted; requiring certain local

  2         governments to prepare an inventory of

  3         service-delivery interlocal agreements;

  4         requiring local governments to provide the

  5         Legislature with recommendations regarding

  6         annexation; requiring local governments to

  7         consider water-supply data and analysis in

  8         their potable-water and conservation elements;

  9         repealing s. 163.31775, F.S., which provides

10         for intergovernmental coordination element

11         rules; creating s. 163.31776, F.S.; providing

12         legislative intent and findings with respect to

13         a public educational facilities element;

14         providing for certain municipalities to be

15         exempt; requiring that the public educational

16         facilities element include certain provisions;

17         providing requirements for future land-use

18         maps; providing a process for adopting the

19         public educational facilities element; creating

20         s.163.31777, F.S.; requiring certain local

21         governments and school boards to enter into a

22         public schools interlocal agreement; providing

23         a schedule; providing for the content of the

24         interlocal agreement; providing a waiver

25         procedure associated with school districts

26         having decreasing student population; providing

27         a procedure for adoption and administrative

28         challenge; providing sanctions for the failure

29         to enter an interlocal agreement; providing

30         that a public school's interlocal agreement may

31         only establish interlocal coordination

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  1         procedures unless specific goals, objectives,

  2         and policies contained in the agreement are

  3         incorporated into the plan; amending s.

  4         163.3180, F.S.; providing an exemption from

  5         concurrency for certain urban infill areas;

  6         amending s. 163.3184, F.S.; revising

  7         definitions; revising provisions governing the

  8         process for adopting comprehensive plans and

  9         plan amendments; amending s. 163.3187, F.S.;

10         conforming a cross-reference; authorizing the

11         adoption of a public educational facilities

12         element, notwithstanding certain limitations;

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

14         evaluation and appraisal of comprehensive

15         plans; conforming provisions to changes made by

16         the act; requiring an evaluation of whether the

17         potable-water element considers the appropriate

18         water management district's regional water

19         supply plan and includes a workplan for

20         building new water supply facilities; requiring

21         local governments within coastal high-hazard

22         areas to address certain issues in the

23         evaluation and appraisal of their comprehensive

24         plans; amending s. 163.3215, F.S.; revising the

25         methods for challenging the consistency of a

26         development order with a comprehensive plan;

27         redefining the term "aggrieved or adversely

28         affected party"; creating s. 163.3246, F.S.;

29         creating a Local Government Comprehensive

30         Planning certification Program to be

31         administered by the Department of Community

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  1         Affairs; defining the purpose of the

  2         certification area to designate areas that are

  3         appropriate for urban growth within a 10-year

  4         timeframe; providing for certification

  5         criteria; specifying the contents of the

  6         certification agreement; providing evaluation

  7         criteria; authorizing the Department of

  8         Community Affairs to adopt procedural rules;

  9         providing for the revocation of certification

10         agreements; providing for the rights of

11         affected persons to challenge local government

12         compliance with certification agreements;

13         eliminating state and regional review of

14         certain local comprehensive plan amendments

15         within certified areas; providing exceptions;

16         providing for the periodic review of a local

17         government's certification by the Department of

18         Community Affairs; requiring the submission of

19         biennial reports to the Governor and

20         Legislature; providing for review of the

21         certification program by the Office of Program

22         Policy Analysis and Government Accountability;

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

24         school board member to the membership of each

25         regional planning council; amending s. 212.055,

26         F.S.; providing for the levy of the

27         infrastructure sales surtax and the school

28         capital outlay surtax by a two-thirds vote and

29         requiring certain educational facility planning

30         prior to the levy of the school capital outlay

31         surtax; providing for the uses of the surtax

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  1         proceeds; amending s. 235.002, F.S.; revising

  2         legislative intent; reenacting and amending s.

  3         235.15, F.S.; revising requirements for

  4         educational plant surveys; revising

  5         requirements for review and validation of such

  6         surveys; amending s. 235.175, F.S.; requiring

  7         school districts to adopt educational

  8         facilities plans; amending s. 235.18, F.S.,

  9         relating to capital outlay budgets of school

10         boards; conforming provisions; amending s.

11         235.185, F.S.; requiring school district

12         educational facilities plans; providing

13         definitions; specifying projections and other

14         information to be included in the plans;

15         providing requirements for the plans; requiring

16         district school boards to submit a tentative

17         plan to the local government; providing for

18         adopting and executing the plans; creating s.

19         235.1851, F.S.; providing legislative intent;

20         authorizing the creation of educational

21         facilities benefit districts pursuant to

22         interlocal agreement; providing for creation of

23         an educational facilities benefit district

24         through adoption of an ordinance; specifying

25         content of such ordinances; providing for the

26         creating entity to be the local general purpose

27         government within whose boundaries a majority

28         of the educational facilities benefit

29         district's lands are located; providing that

30         educational facilities benefit districts may

31         only be created with the consent of the

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  1         district school board, all affected local

  2         general purpose governments, and all landowners

  3         within the district; providing for the

  4         membership of the governing boards of

  5         educational facilities benefit districts;

  6         providing the powers of educational facilities

  7         benefit districts; authorizing community

  8         development districts, created pursuant to ch.

  9         190, F.S., to be eligible for financial

10         enhancements available to educational

11         facilities benefit districts; conditioning such

12         eligibility upon the establishment of an

13         interlocal agreement; creating s. 235.1852,

14         F.S.; providing funding for educational

15         facilities benefit districts and community

16         development districts; creating s. 235.1853,

17         F.S.; providing for the utilization of

18         educational facilities built pursuant to this

19         act;  amending s. 235.188, F.S.; conforming

20         provisions; amending s. 235.19, F.S.; providing

21         that site planning and selection must be

22         consistent with interlocal agreements entered

23         between local governments and school boards;

24         amending s. 235.193, F.S.; requiring school

25         districts to enter certain interlocal

26         agreements with local governments; providing a

27         schedule; providing for the content of the

28         interlocal agreement; providing a waiver

29         procedure associated with school districts

30         having decreasing student population; providing

31         a procedure for adoption and administrative

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  1         challenge; providing sanctions for failure to

  2         enter an agreement; providing that a public

  3         school's interlocal agreement may not be used

  4         by a local government as the sole basis for

  5         denying a comprehensive plan amendment or

  6         development order; providing requirements for

  7         preparing a district educational facilities

  8         report; repealing s. 235.194, F.S., relating to

  9         the general educational facilities report;

10         amending s. 235.218, F.S.; requiring the SMART

11         Schools Clearinghouse to adopt measures for

12         evaluating the school district educational

13         facilities plans; amending s. 235.2197, F.S.;

14         correcting a statutory cross-reference;

15         amending ss. 235.321, 236.25, F.S.; conforming

16         provisions; amending s. 380.04, F.S.; revising

17         the definition of "development" with regard to

18         operations that do not involve development to

19         include federal interstate highways and the

20         transmission of electricity within an existing

21         right-of-way; amending s. 380.06, F.S.,

22         relating to developments of regional impact;

23         removing a rebuttable presumption with respect

24         to application of the statewide guidelines and

25         standards and revising the fixed thresholds;

26         providing for designation of a lead regional

27         planning council; providing for submission of

28         biennial, rather than annual, reports by the

29         developer; authorizing submission of a letter,

30         rather than a report, under certain

31         circumstances; providing for amendment of

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  1         development orders with respect to report

  2         frequency; revising provisions governing

  3         substantial deviation standards for

  4         developments of regional impact; providing that

  5         an extension of the date of buildout of less

  6         than 6 years is not a substantial deviation;

  7         providing that certain renovation or

  8         redevelopment of a previously approved

  9         development of regional impact is not a

10         substantial deviation; providing a statutory

11         exemption from the

12         development-of-regional-impact process for

13         petroleum storage facilities and certain

14         renovation or redevelopment; amending s.

15         380.0651, F.S.; revising the guidelines and

16         standards for office development, and retail

17         and service development; providing application

18         with respect to developments that have received

19         a development-of-regional-impact development

20         order or that have an application for

21         development approval or notification of

22         proposed change pending; amending s. 163.3194,

23         F.S.; providing that a local government shall

24         not deny an application for a development

25         approval for a requested land use for certain

26         approved solid waste management facilities that

27         have previously received a land use

28         classification change allowing the requested

29         land use on the same property; providing

30         legislative intent with respect to the

31         inapplicability of specified portions of the

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  1         act to pending litigation or future appeals;

  2         providing a legislative finding that the act is

  3         a matter of great public importance;

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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