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



                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Bennett offered the following:

12

13         Amendment (with title amendment) 

14         On page 70, between lines 10 and 11, of the bill

15

16  insert:

17         Section 32.  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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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  responsibility between the county and the several

  2  municipalities therein shall be as stipulated in the charter.

  3         Section 33.  Section 163.31776, Florida Statutes, is

  4  created to read:

  5         163.31776  Public schools interlocal agreement.--

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

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

  8  interlocal agreement with the district school board which

  9  jointly establishes the specific ways in which the plans and

10  processes of the district school board and the local

11  governments are to be coordinated. The interlocal agreements

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

13  Office of Educational Facilities and the SMART Schools

14  Clearinghouse in accordance with a schedule published by the

15  state land planning agency.

16         (b)  The schedule must establish staggered due dates

17  for submission of interlocal agreements that are executed by

18  both the local government and the district school board,

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

20  2004, and must set the same date for all governmental entities

21  within a school district. The schedule must begin with those

22  areas where both the number of districtwide capital-outlay

23  full-time-equivalent students equals 80 percent or more of the

24  current year's school capacity and the projected 5-year

25  student growth is 1,000 or greater, or where the projected

26  5-year student growth rate is 10 percent or greater.

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

28  5-year period preceding the due date for submittal of an

29  interlocal agreement by the local government and the district

30  school board, the local government and the district school

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

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

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

  3  unnecessary because of the school district's declining school

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

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

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

  7  that the conditions upon which the waiver was granted no

  8  longer exist. The district school board and local governments

  9  must submit an interlocal agreement within 1 year after

10  notification by the state land planning agency that the

11  conditions for a waiver no longer exist.

12         (d)  Interlocal agreements between local governments

13  and district school boards adopted pursuant to s. 163.3177

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

15  executed pursuant to the requirements of this section, if

16  necessary. Amendments to interlocal agreements adopted

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

18  planning agency within 30 days after execution by the parties

19  for review consistent with this section. Local governments and

20  the district school board in each school district are

21  encouraged to adopt a single interlocal agreement in which all

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

23  and make available model interlocal agreements meeting the

24  requirements of this section and notify local governments and,

25  jointly with the Department of Education, the district school

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

27  compliance, and the sanctions for noncompliance. The state

28  land planning agency shall be available to informally review

29  proposed interlocal agreements. If the state land planning

30  agency has not received a proposed interlocal agreement for

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

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  least 60 days before the deadline for submission of the

  2  executed agreement, renotify the local government and the

  3  district school board of the upcoming deadline and the

  4  potential for sanctions.

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

  6  address the following issues:

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

  8  district school board agree and base their plans on consistent

  9  projections of the amount, type, and distribution of

10  population growth and student enrollment. The geographic

11  distribution of jurisdictionwide growth forecasts is a major

12  objective of the process.

13         (b)  A process to coordinate and share information

14  relating to existing and planned public school facilities,

15  including school renovations and closures, and local

16  government plans for development and redevelopment.

17         (c)  Participation by affected local governments with

18  the district school board in the process of evaluating

19  potential school closures, significant renovations to existing

20  schools, and new school site selection before land

21  acquisition. Local governments shall advise the district

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

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

24  including appropriate circumstances and criteria under which a

25  district school board may request an amendment to the

26  comprehensive plan for school siting.

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

28  of onsite and offsite improvements to support new

29  construction, proposed expansion, or redevelopment of existing

30  schools. The process must address identification of the party

31  or parties responsible for the improvements.

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  government regarding school capacity.  The capacity reporting

  3  must be consistent with laws and rules relating to measurement

  4  of school facility capacity and must also identify how the

  5  district school board will meet the public school demand based

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

  7         (f)  Participation of the local governments in the

  8  preparation of the annual update to the district school

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

10  educational plant survey prepared pursuant to s. 235.185.

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

12  of either school board or local government facilities can be

13  shared for mutual benefit and efficiency.

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

15  the district school board and local governments, which may

16  include the dispute-resolution processes contained in chapters

17  164 and 186.

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

19  public participation, for the implementation of the interlocal

20  agreement.

21

22  A signatory to the interlocal agreement may elect not to

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

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

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

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

27  the interlocal agreement.  An interlocal agreement entered

28  into pursuant to this section must be consistent with the

29  adopted comprehensive plan and land development regulations of

30  any local government that is a signatory.

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

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  Schools Clearinghouse shall submit any comments or concerns

  2  regarding the executed interlocal agreement to the state land

  3  planning agency within 30 days after receipt of the executed

  4  interlocal agreement. The state land planning agency shall

  5  review the executed interlocal agreement to determine whether

  6  the agreement is consistent with the requirements of

  7  subsection (2), the adopted local government comprehensive

  8  plan, and other requirements of law. Within 60 days after

  9  receipt of an executed interlocal agreement, the state land

10  planning agency shall publish a notice of intent in the

11  Florida Administrative Weekly and shall post a copy of the

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

13  must state whether the interlocal agreement is consistent or

14  inconsistent with the requirements of subsection (2) and this

15  subsection, as appropriate.

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

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

18  as defined in s. 163.3184(1)(a), has standing to initiate the

19  administrative proceeding and this proceeding is the sole

20  means available to challenge the consistency of an interlocal

21  agreement required by this section with the criteria contained

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

23  standing, each person must have submitted oral or written

24  comments, recommendations, or objections to the local

25  government or the school board before the adoption of the

26  interlocal agreement by the school board and local government.

27  The district school board and local governments are parties to

28  any such proceeding. In such proceeding, when the state land

29  planning agency finds the interlocal agreement to be

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

31  subsection, the interlocal agreement shall be determined to be

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

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

  3  consistency is fairly debatable. When the state planning

  4  agency finds the interlocal agreement to be inconsistent with

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

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

  7  consistency shall be sustained unless it is shown by a

  8  preponderance of the evidence that the interlocal agreement is

  9  inconsistent.

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

11  order that finds that the interlocal agreement is inconsistent

12  with the requirements of subsection (2) or this subsection,

13  the state land planning agency shall forward the agreement to

14  the Administration Commission, which may impose sanctions

15  against the local government pursuant to s. 163.3184(11) and

16  may impose sanctions against the district school board by

17  directing the Department of Education to withhold from the

18  district school board an equivalent amount of funds for school

19  construction available pursuant to s. 235.187, s. 235.216, s.

20  235.2195, or s. 235.42.

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

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

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

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

25  the district school board a notice to show cause why sanctions

26  should not be imposed for failure to submit an executed

27  interlocal agreement by the deadline established by the

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

29  to the Administration Commission, which may enter a final

30  order citing the failure to comply and imposing sanctions

31  against the local government and district school board by

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  directing the appropriate agencies to withhold at least 5

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

  3  directing the Department of Education to withhold from the

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

  5  construction available pursuant to s. 235.187, s. 235.216, s.

  6  235.2195, or s. 235.42.

  7         (5)  Any local government transmitting a public school

  8  element to implement school concurrency pursuant to the

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

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

11  agreement to conform with the provisions of this section if

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

13  effective date of this section and remains in effect.

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

15  municipalities having no established need for a new school

16  facility and meeting the following criteria are exempt from

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

18         (a)  The municipality has no public schools located

19  within its boundaries.

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

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

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

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

24  district school board must verify in writing that no new

25  school facility will be needed in the municipality within the

26  5-year and 10-year timeframes.

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

28  report, each exempt municipality shall assess the extent to

29  which it continues to meet the criteria for exemption under

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

31  criteria and the district school board verifies in writing

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

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

  3  exempt from the interlocal-agreement requirement. Each

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

  5  provisions of this section within 1 year after the district

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

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

  8         Section 34.  Subsections (1), (2), and (3) of section

  9  235.19, Florida Statutes, are amended to read:

10         235.19  Site planning and selection.--

11         (1)  Before acquiring property for sites, each board

12  shall determine the location of proposed educational centers

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

14  board shall consider existing and anticipated site needs and

15  the most economical and practicable locations of sites.  The

16  board shall coordinate with the long-range or comprehensive

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

18  assure the consistency compatibility of such plans with site

19  planning. Boards are encouraged to locate district educational

20  facilities schools proximate to urban residential areas to the

21  extent possible, and shall seek to collocate district

22  educational facilities schools with other public facilities,

23  such as parks, libraries, and community centers, to the extent

24  possible, and to encourage using elementary schools as focal

25  points for neighborhoods.

26         (2)  Each new site selected must be adequate in size to

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

28  that site by the original educational facility or future

29  expansions of the facility through renovation or the addition

30  of relocatables. The Commissioner of Education shall prescribe

31  by rule recommended sizes for new sites according to

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  categories of students to be housed and other appropriate

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

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

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

  5  appropriate and equitable educational program on the site.

  6         (3)  Sites recommended for purchase, or purchased, in

  7  accordance with chapter 230 or chapter 240 must meet standards

  8  prescribed therein and such supplementary standards as the

  9  commissioner prescribes to promote the educational interests

10  of the students.  Each site must be well drained and suitable

11  for outdoor educational purposes as appropriate for the

12  educational program or collocated with facilities to serve

13  this purpose. As provided in s. 333.03, the site must not be

14  located within any path of flight approach of any airport.

15  Insofar as is practicable, the site must not adjoin a

16  right-of-way of any railroad or through highway and must not

17  be adjacent to any factory or other property from which noise,

18  odors, or other disturbances, or at which conditions, would be

19  likely to interfere with the educational program. To the

20  extent practicable, sites must be chosen which will provide

21  safe access from neighborhoods to schools.

22         Section 35.  Section 235.193, Florida Statutes, is

23  amended to read:

24         235.193  Coordination of planning with local governing

25  bodies.--

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

27  coordination of planning between boards and local governing

28  bodies to ensure that plans for the construction and opening

29  of public educational facilities are facilitated and

30  coordinated in time and place with plans for residential

31  development, concurrently with other necessary services. Such

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  planning shall include the integration of the educational

  2  plant survey and applicable policies and procedures of a board

  3  with the local comprehensive plan and land development

  4  regulations of local governing bodies.  The planning must

  5  include the consideration of allowing students to attend the

  6  school located nearest their homes when a new housing

  7  development is constructed near a county boundary and it is

  8  more feasible to transport the students a short distance to an

  9  existing facility in an adjacent county than to construct a

10  new facility or transport students longer distances in their

11  county of residence. The planning must also consider the

12  effects of the location of public education facilities,

13  including the feasibility of keeping central city facilities

14  viable, in order to encourage central city redevelopment and

15  the efficient use of infrastructure and to discourage

16  uncontrolled urban sprawl. In addition, all parties to the

17  planning process must consult with state and local road

18  departments to assist in implementing the Safe Paths to

19  Schools program administered by the Department of

20  Transportation.

21         (2)(a)  The school board, county, and nonexempt

22  municipalities located within the geographic area of a school

23  district shall enter into an interlocal agreement that jointly

24  establishes the specific ways in which the plans and processes

25  of the district school board and the local governments are to

26  be coordinated. The interlocal agreements shall be submitted

27  to the state land planning agency and the Office of

28  Educational Facilities and the SMART Schools Clearinghouse in

29  accordance with a schedule published by the state land

30  planning agency.

31         (b)  The schedule must establish staggered due dates

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  for submission of interlocal agreements that are executed by

  2  both the local government and the district school board,

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

  4  2004, and must set the same date for all governmental entities

  5  within a school district. The schedule must begin with those

  6  areas where both the number of districtwide capital-outlay

  7  full-time-equivalent students equals 80 percent or more of the

  8  current year's school capacity and the projected 5-year

  9  student growth is 1,000 or greater, or where the projected

10  5-year student growth rate is 10 percent or greater.

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

12  5-year period preceding the due date for submittal of an

13  interlocal agreement by the local government and the district

14  school board, the local government and the district school

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

16  of one or more of the requirements of subsection (3). The

17  waiver must be granted if the procedures called for in

18  subsection (3) are unnecessary because of the school

19  district's declining school-age population, considering the

20  district's 5-year facilities work program prepared pursuant to

21  s. 235.185. The state land planning agency may modify or

22  revoke the waiver upon a finding that the conditions upon

23  which the waiver was granted no longer exist. The district

24  school board and local governments must submit an interlocal

25  agreement within 1 year after notification by the state land

26  planning agency that the conditions for a waiver no longer

27  exist.

28         (d)  Interlocal agreements between local governments

29  and district school boards adopted pursuant to s. 163.3177

30  before the effective date of this subsection and subsections

31  (3)-(8) must be updated and executed pursuant to the

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  requirements of this subsection and subsections (3)-(8), if

  2  necessary. Amendments to interlocal agreements adopted

  3  pursuant to this subsection and subsections (3)-(8) must be

  4  submitted to the state land planning agency within 30 days

  5  after execution by the parties for review consistent with

  6  subsections (3) and (4). Local governments and the district

  7  school board in each school district are encouraged to adopt a

  8  single interlocal agreement in which all join as parties. The

  9  state land planning agency shall assemble and make available

10  model interlocal agreements meeting the requirements of this

11  subsection and subsections (3)-(8) and shall notify local

12  governments and, jointly with the Department of Education, the

13  district school boards of the requirements of this subsection

14  and subsections (3)-(8), the dates for compliance, and the

15  sanctions for noncompliance. The state land planning agency

16  shall be available to informally review proposed interlocal

17  agreements. If the state land planning agency has not received

18  a proposed interlocal agreement for informal review, the state

19  land planning agency shall, at least 60 days before the

20  deadline for submission of the executed agreement, renotify

21  the local government and the district school board of the

22  upcoming deadline and the potential for sanctions.

23         (3)  At a minimum, the interlocal agreement must

24  address the following issues:

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

26  district school board agree and base their plans on consistent

27  projections of the amount, type, and distribution of

28  population growth and student enrollment. The geographic

29  distribution of jurisdictionwide growth forecasts is a major

30  objective of the process.

31         (b)  A process to coordinate and share information

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  relating to existing and planned public school facilities,

  2  including school renovations and closures, and local

  3  government plans for development and redevelopment.

  4         (c)  Participation by affected local governments with

  5  the district school board in the process of evaluating

  6  potential school closures, significant renovations to existing

  7  schools, and new school site selection before land

  8  acquisition. Local governments shall advise the district

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

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

11  including appropriate circumstances and criteria under which a

12  district school board may request an amendment to the

13  comprehensive plan for school siting.

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

15  of onsite and offsite improvements to support new

16  construction, proposed expansion, or redevelopment of existing

17  schools. The process shall address identification of the party

18  or parties responsible for the improvements.

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

20  government regarding school capacity.  The capacity reporting

21  must be consistent with laws and rules regarding measurement

22  of school facility capacity and must also identify how the

23  district school board will meet the public school demand based

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

25         (f)  Participation of the local governments in the

26  preparation of the annual update to the school board's 5-year

27  district facilities work program and educational plant survey

28  prepared pursuant to s. 235.185.

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

30  of either school board or local government facilities can be

31  shared for mutual benefit and efficiency.

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  the district school board and local governments, which may

  3  include the dispute-resolution processes contained in chapters

  4  164 and 186.

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

  6  public participation, for the implementation of the interlocal

  7  agreement.

  8

  9  A signatory to the interlocal agreement may elect not to

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

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

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

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

14  the interlocal agreement.  An interlocal agreement entered

15  into pursuant to this section must be consistent with the

16  adopted comprehensive plan and land development regulations of

17  any local government that is a signatory.

18         (4)(a)  The Office of Educational Facilities and SMART

19  Schools Clearinghouse shall submit any comments or concerns

20  regarding the executed interlocal agreement to the state land

21  planning agency within 30 days after receipt of the executed

22  interlocal agreement. The state land planning agency shall

23  review the executed interlocal agreement to determine whether

24  the agreement is consistent with the requirements of

25  subsection (3), the adopted local government comprehensive

26  plan, and other requirements of law. Within 60 days after

27  receipt of an executed interlocal agreement, the state land

28  planning agency shall publish a notice of intent in the

29  Florida Administrative Weekly and shall post a copy of the

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

31  must state that the interlocal agreement is consistent or

                                  16

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  inconsistent with the requirements of subsection (3) and this

  2  subsection as appropriate.

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

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

  5  as defined in s. 163.3184(1)(a), has standing to initiate the

  6  administrative proceeding and this proceeding is the sole

  7  means available to challenge the consistency of an interlocal

  8  agreement required by this section with the criteria contained

  9  in subsection (3) and this subsection. In order to have

10  standing, each person must have submitted oral or written

11  comments, recommendations, or objections to the local

12  government or the school board before the adoption of the

13  interlocal agreement by the district school board and local

14  government. The district school board and local governments

15  are parties to any such proceeding. In such proceeding, when

16  the state land planning agency finds the interlocal agreement

17  to be consistent with the criteria in subsection (3) and this

18  subsection, the interlocal agreement must be determined to be

19  consistent with subsection (3) and this subsection if the

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

21  consistency is fairly debatable. When the state land planning

22  agency finds the interlocal agreement to be inconsistent with

23  the requirements of subsection (3) and this subsection, the

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

25  consistency shall be sustained unless it is shown by a

26  preponderance of the evidence that the interlocal agreement is

27  inconsistent.

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

29  order that finds that the interlocal agreement is inconsistent

30  with the requirements of subsection (3) or this subsection,

31  the state land planning agency shall forward it to the

                                  17

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  Administration Commission, which may impose sanctions against

  2  the local government pursuant to s. 163.3184(11) and may

  3  impose sanctions against the district school board by

  4  directing the Department of Education to withhold an

  5  equivalent amount of funds for school construction available

  6  pursuant to s. 235.187, s. 235.216, s. 235.2195, or s. 235.42.

  7         (5)  If an executed interlocal agreement is not timely

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

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

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

11  the district school board a notice to show cause why sanctions

12  should not be imposed for failure to submit an executed

13  interlocal agreement by the deadline established by the

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

15  to the Administration Commission, which may enter a final

16  order citing the failure to comply and imposing sanctions

17  against the local government and district school board by

18  directing the appropriate agencies to withhold at least 5

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

20  directing the Department of Education to withhold from the

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

22  construction available pursuant to s. 235.187, s. 235.216, s.

23  235.2195, or s. 235.42.

24         (6)  Any local government transmitting a public school

25  element to implement school concurrency pursuant to the

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

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

28  agreement to conform with the provisions of subsections

29  (2)-(5), this subsection, and subsections (7) and (8) if the

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

31  effective date of subsections (2)-(5), this subsection, and

                                  18

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  subsections (7) and (8) and remains in effect.

  2         (7)  Except as provided in subsection (8),

  3  municipalities having no established need for a new facility

  4  and meeting the following criteria are exempt from the

  5  requirements of subsections (2), (3), and (4):

  6         (a)  The municipality has no public schools located

  7  within its boundaries.

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

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

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

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

12  district school board must verify in writing that no new

13  school facility will be needed in the municipality within the

14  5-year and 10-year timeframes.

15         (8)  At the time of the evaluation and appraisal

16  report, each exempt municipality shall assess the extent to

17  which it continues to meet the criteria for exemption under

18  subsection (7). If the municipality continues to meet these

19  criteria and the district school board verifies in writing

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

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

22  exempt from the interlocal-agreement requirement. Each

23  municipality exempt under subsection (7) must comply with the

24  provisions of subsections (2)-(7) and this subsection within 1

25  year after the district school board proposes, in its 5-year

26  district facilities work program, a new school within the

27  municipality's jurisdiction.

28         (9)(2)  A school board and the local governing body

29  must share and coordinate information related to existing and

30  planned public school facilities; proposals for development,

31  redevelopment, or additional development; and infrastructure

                                  19

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  required to support the public school facilities, concurrent

  2  with proposed development. A school board shall use

  3  information produced by the demographic, revenue, and

  4  education estimating conferences pursuant to s. 216.136

  5  Department of Education enrollment projections when preparing

  6  the 5-year district facilities work program pursuant to s.

  7  235.185, as modified and agreed to by the local governments,

  8  when provided by interlocal agreement, and the Office of

  9  Educational Facilities and SMART Schools Clearinghouse, in and

10  a school board shall affirmatively demonstrate in the

11  educational facilities report consideration of local

12  governments' population projections, to ensure that the 5-year

13  work program not only reflects enrollment projections but also

14  considers applicable municipal and county growth and

15  development projections. The projections must be apportioned

16  geographically with assistance from the local governments

17  using local government trend data and the school district

18  student enrollment data. A school board is precluded from

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

20  has failed to provide the annual educational facilities report

21  for the prior year required pursuant to s. 235.194 unless the

22  failure is corrected.

23         (10)(3)  The location of public educational facilities

24  shall be consistent with the comprehensive plan of the

25  appropriate local governing body developed under part II of

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

27  development regulations, to the extent that the regulations

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

29  specifically addressed by this chapter or the State Uniform

30  Building Code, unless mutually agreed by the local government

31  and the board.

                                  20

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (11)(4)  To improve coordination relative to potential

  2  educational facility sites, a board shall provide written

  3  notice to the local government that has regulatory authority

  4  over the use of the land consistent with an interlocal

  5  agreement entered into pursuant to subsections (2)-(8) at

  6  least 60 days prior to acquiring or leasing property that may

  7  be used for a new public educational facility.  The local

  8  government, upon receipt of this notice, shall notify the

  9  board within 45 days if the site proposed for acquisition or

10  lease is consistent with the land use categories and policies

11  of the local government's comprehensive plan.  This

12  preliminary notice does not constitute the local government's

13  determination of consistency pursuant to subsection (12) (5).

14         (12)(5)  As early in the design phase as feasible and

15  consistent with an interlocal agreement entered into pursuant

16  to subsections (2)-(8), but no later than 90 days before

17  commencing construction, the district school board shall in

18  writing request a determination of consistency with the local

19  government's comprehensive plan. but at least before

20  commencing construction of a new public educational facility,

21  The local governing body that regulates the use of land shall

22  determine, in writing within 45 90 days after receiving the

23  necessary information and a school board's request for a

24  determination, whether a proposed public educational facility

25  is consistent with the local comprehensive plan and consistent

26  with local land development regulations, to the extent that

27  the regulations are not in conflict with or the subject

28  regulated is not specifically addressed by this chapter or the

29  State Uniform Building Code, unless mutually agreed. If the

30  determination is affirmative, school construction may commence

31  proceed and further local government approvals are not

                                  21

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  required, except as provided in this section. Failure of the

  2  local governing body to make a determination in writing within

  3  90 days after a school board's request for a determination of

  4  consistency shall be considered an approval of the school

  5  board's application.

  6         (13)(6)  A local governing body may not deny the site

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

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

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

10  categories in which public schools are identified as allowable

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

12  may impose reasonable development standards and conditions in

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

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

15  safety and welfare, and effects on adjacent property.

16  Standards and conditions may not be imposed which conflict

17  with those established in this chapter or the Florida State

18  Uniform Building Code, unless mutually agreed and consistent

19  with the interlocal agreement required by subsections (2)-(8).

20         (14)(7)  This section does not prohibit a local

21  governing body and district school board from agreeing and

22  establishing an alternative process for reviewing a proposed

23  educational facility and site plan, and offsite impacts,

24  pursuant to an interlocal agreement adopted in accordance with

25  subsections (2)-(8).

26         (15)(8)  Existing schools shall be considered

27  consistent with the applicable local government comprehensive

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

29  a new proposed public educational facility with an existing

30  public educational facility, or the expansion of an existing

31  public educational facility is not inconsistent with the local

                                  22

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  comprehensive plan, if the site is consistent with the

  2  comprehensive plan's future land use policies and categories

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

  4  levels of service adopted by the local government for any

  5  facilities affected by the proposed location for the new

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

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

  8  impose reasonable development standards and conditions on the

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

10  Standards and conditions may not be imposed which conflict

11  with those established in this chapter or the Florida State

12  Uniform Building Code, unless mutually agreed. Local

13  government review or approval is not required for:

14         (a)  The placement of temporary or portable classroom

15  facilities; or

16         (b)  Proposed renovation or construction on existing

17  school sites, with the exception of construction that changes

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

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

20  as mutually agreed, pursuant to an interlocal agreement

21  adopted in accordance with subsections (2)-(8).

22         Section 36.  Nothing in sections 163.3174, 235.19, and

23  235.193, Florida Statutes, as amended by this act, and section

24  163.31776, Florida Statutes, as created by this act is

25  intended to affect the outcome of any litigation pending as of

26  the effective date of the act, including future appeals.  It

27  is further the intent of the Legislature that this act shall

28  not serve as legal authority in support of any party to such

29  litigation and appeals.

30         Section 37.  The Legislature finds that the integration

31  of the growth management system and the planning of public

                                  23

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  educational facilities is a matter of great public importance.

  2         Section 38.  Section 163.3215, Florida Statutes, is

  3  amended to read:

  4         163.3215  Standing to enforce local comprehensive plans

  5  through development orders.--

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

  7  methods for an aggrieved or adversely affected party to appeal

  8  and challenge the consistency of a development order with a

  9  comprehensive plan adopted under this part. The local

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

11  a respondent in all proceedings under this section. Subsection

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

13  government has established a process consistent with the

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

15  which types of development orders will proceed under

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

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

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

19  adversely affected party" means any person or local government

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

21  furthered by the local government comprehensive plan,

22  including interests related to health and safety, police and

23  fire protection service systems, densities or intensities of

24  development, transportation facilities, health care

25  facilities, equipment or services, and environmental or

26  natural resources.  The alleged adverse interest may be shared

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

28  must exceed in degree the general interest in community good

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

30  or applicant for a development order.

31         (3)(1)  Any aggrieved or adversely affected party may

                                  24

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  other relief against any local government to challenge any

  3  decision of such local government granting or denying an

  4  application for, or to prevent such local government from

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

  6  163.3164, which materially alters the use or density or

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

  8  is not consistent with the comprehensive plan adopted under

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

10  days following rendition of a development order or other

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

12  any, are exhausted, whichever occurs later.

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

14  person or local government which will suffer an adverse effect

15  to an interest protected or furthered by the local government

16  comprehensive plan, including interests related to health and

17  safety, police and fire protection service systems, densities

18  or intensities of development, transportation facilities,

19  health care facilities, equipment or services, or

20  environmental or natural resources.  The alleged adverse

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

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

23  interest in community good shared by all persons.

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

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

26  planned unit development, variance, special exception,

27  conditional use, or other development order granted prior to

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

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

30  available to challenge the consistency of a development order

31  with a comprehensive plan adopted under this part.

                                  25

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  adopted an ordinance establishing, at a minimum, the

  3  requirements listed in this subsection, the sole method by

  4  which an aggrieved and adversely affected party may challenge

  5  any decision of local government granting or denying an

  6  application for 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, on the

  9  basis that it is not consistent with the comprehensive plan

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

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

12  days following rendition of a development order or other

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

14  administrative appeals, if any, are exhausted, whichever

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

16  joined with the petition for certiorari. Principles of

17  judicial or administrative res judicata and collateral

18  estoppel apply to these proceedings. Minimum components of the

19  local process are as follows:

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

21  of an application for a development order that materially

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

23  piece of property, including notice by publication or mailed

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

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

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

27  within 10 days after the filing of an application for

28  development order; however, notice under this subsection is

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

30  other official action of local government which does not

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

                                  26

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  particular piece of property. The notice must clearly

  2  delineate that an aggrieved or adversely affected person has

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

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

  5  conditions precedent to the appeal of any development order

  6  ultimately rendered upon the application, and must specify the

  7  location where written procedures can be obtained that

  8  describe the process, including how to initiate the

  9  quasi-judicial process, the timeframes for initiating the

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

11  include an opportunity for an alternative dispute resolution.

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

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

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

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

16  issuance of the written preliminary decision; the local

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

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

19  preliminary decision.

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

21  participation in the process by an aggrieved or adversely

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

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

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

25  opportunity for the disclosure of witnesses and exhibits prior

26  to hearing and an opportunity for the depositions of witnesses

27  to be taken.

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

29  represented by an attorney in order to participate in a

30  hearing.

31         (f)  The local process must provide for a

                                  27

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  quasi-judicial hearing before an impartial special master who

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

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

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

  5  shall have the power to swear witnesses and take their

  6  testimony under oath, to issue subpoenas and other orders

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

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

  9  master in determining whether a proposed development order is

10  consistent with the comprehensive plan shall be strict

11  scrutiny in accordance with Florida law.

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

13  have the opportunity to respond, to present evidence and

14  argument on all issues involved which are related to the

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

16  rebuttal evidence. Public testimony must be allowed.

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

18  public hearing before the local government at which public

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

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

21  unless the findings of fact are not supported by competent

22  substantial evidence. The governing body may modify the

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

24  application or interpretation of law is erroneous. The

25  governing body may make reasonable legal interpretations of

26  its comprehensive plan and land development regulations

27  without regard to whether the special master's interpretation

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

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

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

31  not considered rendered or final until officially date-stamped

                                  28

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  by the city or county clerk.

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

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

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

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

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

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

  8  recommended order by the governing body.

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

10  may require actions to challenge the consistency of a

11  development order with land development regulations to be

12  brought in the same proceeding.

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

14  action pursuant to this section, the complaining party shall

15  first file a verified complaint with the local government

16  whose actions are complained of setting forth the facts upon

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

18  complaining party.  The verified complaint shall be filed no

19  later than 30 days after the alleged inconsistent action has

20  been taken.  The local government receiving the complaint

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

22  Thereafter, the complaining party may institute the action

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

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

25  30-day period which the local government has to take

26  appropriate action.  Failure to comply with this subsection

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

28  prevent immediate and irreparable harm from the actions

29  complained of.

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

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

                                  29

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  have occurred.

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

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

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

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

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

  8  to cause unnecessary delay or for economic advantage,

  9  competitive reasons or frivolous purposes or needless increase

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

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

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

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

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

15  other party or parties the amount of reasonable expenses

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

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

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

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

20  into by the local government unless the terms of the

21  settlement have been the subject of a public hearing after

22  notice as required by this part.

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

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

25  may intervene to represent the interests of the state.

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

27  the local government of its obligations to hold public

28  hearings as required by law.

29         Section 39.  Subsection (6) is added to section

30  163.3194, Florida Statutes to read:

31         163.3194  Legal status of comprehensive plan.--

                                  30

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (1)(a)  After a comprehensive plan, or element or

  2  portion thereof, has been adopted in conformity with this act,

  3  all development undertaken by, and all actions taken in regard

  4  to development orders by, governmental agencies in regard to

  5  land covered by such plan or element shall be consistent with

  6  such plan or element as adopted.

  7         (b)  All land development regulations enacted or

  8  amended shall be consistent with the adopted comprehensive

  9  plan, or element or portion thereof, and any land development

10  regulations existing at the time of adoption which are not

11  consistent with the adopted comprehensive plan, or element or

12  portion thereof, shall be amended so as to be consistent.  If

13  a local government allows an existing land development

14  regulation which is inconsistent with the most recently

15  adopted comprehensive plan, or element or portion thereof, to

16  remain in effect, the local government shall adopt a schedule

17  for bringing the land development regulation into conformity

18  with the provisions of the most recently adopted comprehensive

19  plan, or element or portion thereof.  During the interim

20  period when the provisions of the most recently adopted

21  comprehensive plan, or element or portion thereof, and the

22  land development regulations are inconsistent, the provisions

23  of the most recently adopted comprehensive plan, or element or

24  portion thereof, shall govern any action taken in regard to an

25  application for a development order.

26         (2)  After a comprehensive plan for the area, or

27  element or portion thereof, is adopted by the governing body,

28  no land development regulation, land development code, or

29  amendment thereto shall be adopted by the governing body until

30  such regulation, code, or amendment has been referred either

31  to the local planning agency or to a separate land development

                                  31

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  regulation commission created pursuant to local ordinance, or

  2  to both, for review and recommendation as to the relationship

  3  of such proposal to the adopted comprehensive plan, or element

  4  or portion thereof. Said recommendation shall be made within a

  5  reasonable time, but no later than within 2 months after the

  6  time of reference.  If a recommendation is not made within the

  7  time provided, then the governing body may act on the

  8  adoption.

  9         (3)(a)  A development order or land development

10  regulation shall be consistent with the comprehensive plan if

11  the land uses, densities or intensities, and other aspects of

12  development permitted by such order or regulation are

13  compatible with and further the objectives, policies, land

14  uses, and densities or intensities in the comprehensive plan

15  and if it meets all other criteria enumerated by the local

16  government.

17         (b)  A development approved or undertaken by a local

18  government shall be consistent with the comprehensive plan if

19  the land uses, densities or intensities, capacity or size,

20  timing, and other aspects of the development are compatible

21  with and further the objectives, policies, land uses, and

22  densities or intensities in the comprehensive plan and if it

23  meets all other criteria enumerated by the local government.

24         (4)(a)  A court, in reviewing local governmental action

25  or development regulations under this act, may consider, among

26  other things, the reasonableness of the comprehensive plan, or

27  element or elements thereof, relating to the issue justiciably

28  raised or the appropriateness and completeness of the

29  comprehensive plan, or element or elements thereof, in

30  relation to the governmental action or development regulation

31  under consideration.  The court may consider the relationship

                                  32

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  of the comprehensive plan, or element or elements thereof, to

  2  the governmental action taken or the development regulation

  3  involved in litigation, but private property shall not be

  4  taken without due process of law and the payment of just

  5  compensation.

  6         (b)  It is the intent of this act that the

  7  comprehensive plan set general guidelines and principles

  8  concerning its purposes and contents and that this act shall

  9  be construed broadly to accomplish its stated purposes and

10  objectives.

11         (5)  The tax-exempt status of lands classified as

12  agricultural under s. 193.461 shall not be affected by any

13  comprehensive plan adopted under this act as long as the land

14  meets the criteria set forth in s. 193.461.

15         (6)  If a proposed solid waste management facility is

16  permitted by the Department of Environmental Protection to

17  receive materials from the construction or demolition of a

18  road or other transportation facility, a local government may

19  not deny an application for a development approval for a

20  requested land use that would accommodate such a facility,

21  provided the local government previously approved a land use

22  classification change to a local comprehensive plan or

23  approved a rezoning to a category allowing such land use on

24  the parcel, and the requested land use was disclosed during

25  the previous comprehensive plan or rezoning hearing as being

26  an express purpose of the land use changes.

27

28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 5, line 7 after the semicolon,

                                  33

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  insert:

  2         amending s. 163.3174, F.S.; requiring that the

  3         membership of all local planning agencies or

  4         equivalent agencies that review comprehensive

  5         plan amendments and rezonings include a

  6         nonvoting representative of the district school

  7         board; creating s. 163.31776, F.S.; requiring

  8         certain local governments and school boards to

  9         enter into a public schools interlocal

10         agreement; providing a schedule; providing for

11         the content of the interlocal agreement;

12         providing a waiver procedure associated with

13         school districts having decreasing student

14         population; providing a procedure for adoption

15         and administrative challenge; providing

16         sanctions for the failure to enter an

17         interlocal agreement; amending s. 235.19, F.S.;

18         revising certain site planning and selection

19         criteria; amending s. 235.193, F.S.; requiring

20         school districts to enter certain interlocal

21         agreements with local governments; providing a

22         schedule; providing for the content of the

23         interlocal agreement; providing a waiver

24         procedure associated with school districts

25         having decreasing student population; providing

26         a procedure for adoption and administrative

27         challenge; providing sanctions for failure to

28         enter an agreement; providing legislative

29         intent as to pending litigation and associated

30         appeals; providing a legislative finding that

31         the act is a matter of great public importance;

                                  34

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                                                   HOUSE AMENDMENT

    750-134AX-22                     Bill No. CS/HB 1535, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         amending s. 163.3215, F.S.; revising the

  2         methods for challenging the consistency of a

  3         development order with a comprehensive plan;

  4         redefining the term "aggrieved or adversely

  5         affected party"; amending s. 163.3194, F.S.;

  6         providing that a local government shall not

  7         deny an application for a development approval

  8         for a requested land use for certain approved

  9         solid waste management facilities that have

10         previously received a land use classification

11         change allowing the requested land use on the

12         same property;

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  35

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