SENATE AMENDMENT
    Bill No. CS for SB's 1906 & 550, 1st Eng.
    Amendment No. ___   Barcode 144778
                            CHAMBER ACTION
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11  Senator Constantine moved the following amendment to House
12  amendment (154855):
13  
14         Senate Amendment (with title amendment) 
15         On page 1, line 18, through
16            page 108, line 19, delete those lines
17  
18  and insert:  
19         Section 1.  Subsection (1) of section 163.3174, Florida
20  Statutes, is amended to read:
21         163.3174  Local planning agency.--
22         (1)  The governing body of each local government,
23  individually or in combination as provided in s. 163.3171,
24  shall designate and by ordinance establish a "local planning
25  agency," unless the agency is otherwise established by law.
26  Notwithstanding any special act to the contrary, all local
27  planning agencies or equivalent agencies that first review
28  rezoning and comprehensive plan amendments in each
29  municipality and county shall include a representative of the
30  school district appointed by the school board as a nonvoting
31  member of the local planning agency or equivalent agency to
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SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 attend those meetings at which the agency considers 2 comprehensive plan amendments and rezonings that would, if 3 approved, increase residential density on the property that is 4 the subject of the application. However, this subsection does 5 not prevent the governing body of the local government from 6 granting voting status to the school board member. The 7 governing body may designate itself as the local planning 8 agency pursuant to this subsection with the addition of a 9 nonvoting school board representative. The governing body 10 shall notify the state land planning agency of the 11 establishment of its local planning agency. All local planning 12 agencies shall provide opportunities for involvement by 13 district school boards and applicable community college 14 boards, which may be accomplished by formal representation, 15 membership on technical advisory committees, or other 16 appropriate means. The local planning agency shall prepare the 17 comprehensive plan or plan amendment after hearings to be held 18 after public notice and shall make recommendations to the 19 governing body regarding the adoption or amendment of the 20 plan. The agency may be a local planning commission, the 21 planning department of the local government, or other 22 instrumentality, including a countywide planning entity 23 established by special act or a council of local government 24 officials created pursuant to s. 163.02, provided the 25 composition of the council is fairly representative of all the 26 governing bodies in the county or planning area; however: 27 (a) If a joint planning entity is in existence on the 28 effective date of this act which authorizes the governing 29 bodies to adopt and enforce a land use plan effective 30 throughout the joint planning area, that entity shall be the 31 agency for those local governments until such time as the 2 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 authority of the joint planning entity is modified by law. 2 (b) In the case of chartered counties, the planning 3 responsibility between the county and the several 4 municipalities therein shall be as stipulated in the charter. 5 Section 2. Subsection (4) and paragraphs (a), (c), 6 (d), and (h) of subsection (6) of section 163.3177, Florida 7 Statutes, are amended to read: 8 163.3177 Required and optional elements of 9 comprehensive plan; studies and surveys.-- 10 (4)(a) Coordination of the local comprehensive plan 11 with the comprehensive plans of adjacent municipalities, the 12 county, adjacent counties, or the region; with the appropriate 13 water management district's regional water supply plans 14 approved pursuant to s. 373.0361; with adopted rules 15 pertaining to designated areas of critical state concern; and 16 with the state comprehensive plan shall be a major objective 17 of the local comprehensive planning process. To that end, in 18 the preparation of a comprehensive plan or element thereof, 19 and in the comprehensive plan or element as adopted, the 20 governing body shall include a specific policy statement 21 indicating the relationship of the proposed development of the 22 area to the comprehensive plans of adjacent municipalities, 23 the county, adjacent counties, or the region and to the state 24 comprehensive plan, as the case may require and as such 25 adopted plans or plans in preparation may exist. 26 (b) When all or a portion of the land in a local 27 government jurisdiction is or becomes part of a designated 28 area of critical state concern, the local government shall 29 clearly identify those portions of the local comprehensive 30 plan that shall be applicable to the critical area and shall 31 indicate the relationship of the proposed development of the 3 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 area to the rules for the area of critical state concern. 2 (6) In addition to the requirements of subsections 3 (1)-(5), the comprehensive plan shall include the following 4 elements: 5 (a) A future land use plan element designating 6 proposed future general distribution, location, and extent of 7 the uses of land for residential uses, commercial uses, 8 industry, agriculture, recreation, conservation, education, 9 public buildings and grounds, other public facilities, and 10 other categories of the public and private uses of land. Each 11 The future land use category must be defined in terms of uses 12 included and must plan shall include standards to be followed 13 in the control and distribution of population densities and 14 building and structure intensities. The proposed 15 distribution, location, and extent of the various categories 16 of land use shall be shown on a land use map or map series 17 which shall be supplemented by goals, policies, and measurable 18 objectives. Each land use category shall be defined in terms 19 of the types of uses included and specific standards for the 20 density or intensity of use. The future land use plan shall be 21 based upon surveys, studies, and data regarding the area, 22 including the amount of land required to accommodate 23 anticipated growth; the projected population of the area; the 24 character of undeveloped land; the availability of public 25 services; the need for redevelopment, including the renewal of 26 blighted areas and the elimination of nonconforming uses which 27 are inconsistent with the character of the community; and, in 28 rural communities, the need for job creation, capital 29 investment, and economic development that will strengthen and 30 diversify the community's economy. The future land use plan 31 may designate areas for future planned development use 4 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 involving combinations of types of uses for which special 2 regulations may be necessary to ensure development in accord 3 with the principles and standards of the comprehensive plan 4 and this act. In addition, for rural communities, the amount 5 of land designated for future planned industrial use shall be 6 based upon surveys and studies that reflect the need for job 7 creation, capital investment, and the necessity to strengthen 8 and diversify the local economies, and shall not be limited 9 solely by the projected population of the rural community. The 10 future land use plan of a county may also designate areas for 11 possible future municipal incorporation. The land use maps or 12 map series shall generally identify and depict historic 13 district boundaries and shall designate historically 14 significant properties meriting protection. The future land 15 use element must clearly identify the land use categories in 16 which public schools are an allowable use. When delineating 17 the land use categories in which public schools are an 18 allowable use, a local government shall include in the 19 categories sufficient land proximate to residential 20 development to meet the projected needs for schools in 21 coordination with public school boards and may establish 22 differing criteria for schools of different type or size. 23 Each local government shall include lands contiguous to 24 existing school sites, to the maximum extent possible, within 25 the land use categories in which public schools are an 26 allowable use. All comprehensive plans must comply with the 27 school siting requirements of this paragraph no later than 28 October 1, 1999. The failure by a local government to comply 29 with these school siting requirements by October 1, 1999, will 30 result in the prohibition of the local government's ability to 31 amend the local comprehensive plan, except for plan amendments 5 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 described in s. 163.3187(1)(b), until the school siting 2 requirements are met. Amendments An amendment proposed by a 3 local government for purposes of identifying the land use 4 categories in which public schools are an allowable use or for 5 adopting or amending the school-siting maps pursuant to s. 6 163.31776(3) are is exempt from the limitation on the 7 frequency of plan amendments contained in s. 163.3187. The 8 future land use element shall include criteria that which 9 encourage the location of schools proximate to urban 10 residential areas to the extent possible and shall require 11 that the local government seek to collocate public facilities, 12 such as parks, libraries, and community centers, with schools 13 to the extent possible and to encourage the use of elementary 14 schools as focal points for neighborhoods. For schools serving 15 predominantly rural counties, defined as a county with a 16 population of 100,000 or fewer, an agricultural land use 17 category shall be eligible for the location of public school 18 facilities if the local comprehensive plan contains school 19 siting criteria and the location is consistent with such 20 criteria. 21 (c) A general sanitary sewer, solid waste, drainage, 22 potable water, and natural groundwater aquifer recharge 23 element correlated to principles and guidelines for future 24 land use, indicating ways to provide for future potable water, 25 drainage, sanitary sewer, solid waste, and aquifer recharge 26 protection requirements for the area. The element may be a 27 detailed engineering plan including a topographic map 28 depicting areas of prime groundwater recharge. The element 29 shall describe the problems and needs and the general 30 facilities that will be required for solution of the problems 31 and needs. The element shall also include a topographic map 6 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 depicting any areas adopted by a regional water management 2 district as prime groundwater recharge areas for the Floridan 3 or Biscayne aquifers, pursuant to s. 373.0395. These areas 4 shall be given special consideration when the local government 5 is engaged in zoning or considering future land use for said 6 designated areas. For areas served by septic tanks, soil 7 surveys shall be provided which indicate the suitability of 8 soils for septic tanks. By January 1, 2005, or the Evaluation 9 and Appraisal Report adoption deadline established for the 10 local government pursuant to s. 163.3191(a), whichever date 11 occurs first, the element must consider the appropriate water 12 management district's regional water supply plan approved 13 pursuant to s. 373.0361. The element must include a workplan, 14 covering at least a 10-year planning period, for building 15 water supply facilities that are identified in the element as 16 necessary to serve existing and new development and for which 17 the local government is responsible. 18 (d) A conservation element for the conservation, use, 19 and protection of natural resources in the area, including 20 air, water, water recharge areas, wetlands, waterwells, 21 estuarine marshes, soils, beaches, shores, flood plains, 22 rivers, bays, lakes, harbors, forests, fisheries and wildlife, 23 marine habitat, minerals, and other natural and environmental 24 resources. Local governments shall assess their current, as 25 well as projected, water needs and sources for at least a 26 10-year period, considering the appropriate regional water 27 supply plan approved pursuant to s. 373.0361, or, in the 28 absence of an approved regional water supply plan, the 29 district water management plan approved pursuant to s. 30 373.036(2). This information shall be submitted to the 31 appropriate agencies. The land use map or map series 7 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 contained in the future land use element shall generally 2 identify and depict the following: 3 1. Existing and planned waterwells and cones of 4 influence where applicable. 5 2. Beaches and shores, including estuarine systems. 6 3. Rivers, bays, lakes, flood plains, and harbors. 7 4. Wetlands. 8 5. Minerals and soils. 9 10 The land uses identified on such maps shall be consistent with 11 applicable state law and rules. 12 (h)1. An intergovernmental coordination element 13 showing relationships and stating principles and guidelines to 14 be used in the accomplishment of coordination of the adopted 15 comprehensive plan with the plans of school boards and other 16 units of local government providing services but not having 17 regulatory authority over the use of land, with the 18 comprehensive plans of adjacent municipalities, the county, 19 adjacent counties, or the region, and with the state 20 comprehensive plan and with the applicable regional water 21 supply plan approved pursuant to s. 373.0361, as the case may 22 require and as such adopted plans or plans in preparation may 23 exist. This element of the local comprehensive plan shall 24 demonstrate consideration of the particular effects of the 25 local plan, when adopted, upon the development of adjacent 26 municipalities, the county, adjacent counties, or the region, 27 or upon the state comprehensive plan, as the case may require. 28 a. The intergovernmental coordination element shall 29 provide for procedures to identify and implement joint 30 planning areas, especially for the purpose of annexation, 31 municipal incorporation, and joint infrastructure service 8 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 areas. 2 b. The intergovernmental coordination element shall 3 provide for recognition of campus master plans prepared 4 pursuant to s. 240.155. 5 c. The intergovernmental coordination element may 6 provide for a voluntary dispute resolution process as 7 established pursuant to s. 186.509 for bringing to closure in 8 a timely manner intergovernmental disputes. A local 9 government may develop and use an alternative local dispute 10 resolution process for this purpose. 11 2. The intergovernmental coordination element shall 12 further state principles and guidelines to be used in the 13 accomplishment of coordination of the adopted comprehensive 14 plan with the plans of school boards and other units of local 15 government providing facilities and services but not having 16 regulatory authority over the use of land. In addition, the 17 intergovernmental coordination element shall describe joint 18 processes for collaborative planning and decisionmaking on 19 population projections and public school siting, the location 20 and extension of public facilities subject to concurrency, and 21 siting facilities with countywide significance, including 22 locally unwanted land uses whose nature and identity are 23 established in an agreement. Within 1 year of adopting their 24 intergovernmental coordination elements, each county, all the 25 municipalities within that county, the district school board, 26 and any unit of local government service providers in that 27 county shall establish by interlocal or other formal agreement 28 executed by all affected entities, the joint processes 29 described in this subparagraph consistent with their adopted 30 intergovernmental coordination elements. 31 3. To foster coordination between special districts 9 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 and local general-purpose governments as local general-purpose 2 governments implement local comprehensive plans, each 3 independent special district must submit a public facilities 4 report to the appropriate local government as required by s. 5 189.415. 6 4.a. Local governments adopting a public educational 7 facilities element pursuant to s. 163.31776 must execute an 8 interlocal agreement with the district school board, the 9 county, and nonexempt municipalities, as defined by s. 10 163.31776(1), which includes the items listed in s. 11 163.31777(2). The local government shall amend the 12 intergovernmental coordination element to provide that 13 coordination between the local government and school board is 14 pursuant to the agreement and shall state the obligations of 15 the local government under the agreement. 16 b. Plan amendments that comply with this subparagraph 17 are exempt from the provisions of s. 163.3187(1). 18 5. The state land planning agency shall establish a 19 schedule for phased completion and transmittal of plan 20 amendments to implement subparagraphs 1., 2., and 3. from all 21 jurisdictions so as to accomplish their adoption by December 22 31, 1999. A local government may complete and transmit its 23 plan amendments to carry out these provisions prior to the 24 scheduled date established by the state land planning agency. 25 The plan amendments are exempt from the provisions of s. 26 163.3187(1). 27 6. By January 1, 2004, any county having a population 28 greater than 100,000, and the municipalities and special 29 districts within that county, shall submit a report to the 30 Department of Community Affairs which: 31 a. Identifies all existing or proposed interlocal 10 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 service-delivery agreements regarding the following: 2 education; sanitary sewer; public safety; solid waste; 3 drainage; potable water; parks and recreation; and 4 transportation facilities. 5 b. Identifies any deficits or duplication in the 6 provision of services within its jurisdiction, whether capital 7 or operational. Upon request, the Department of Community 8 Affairs shall provide technical assistance to the local 9 governments in identifying deficits or duplication. 10 7. Within 6 months after submission of the report, the 11 Department of Community Affairs shall, through the appropriate 12 regional planning council, coordinate a meeting of all local 13 governments within the regional planning area to discuss the 14 reports and potential strategies to remedy any identified 15 deficiencies or duplications. 16 8. Each local government shall update its 17 intergovernmental coordination element based upon the findings 18 in the report submitted pursuant to subparagraph 6. The report 19 may be used as supporting data and analysis for the 20 intergovernmental coordination element. 21 9. By February 1, 2003, representatives of 22 municipalities, counties, and special districts shall provide 23 to the Legislature recommended statutory changes for 24 annexation, including any changes that address the delivery of 25 local government services in areas planned for annexation. 26 Section 3. Section 163.31775, Florida Statutes, is 27 repealed. 28 Section 4. Section 163.31776, Florida Statutes, is 29 created to read: 30 163.31776 Public educational facilities element.-- 31 (1) A county, in conjunction with the municipalities 11 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 within the county, may adopt an optional public educational 2 facilities element in cooperation with the applicable school 3 district. In order to enact an optional public educational 4 facilities element, the county and each municipality, unless 5 the municipality is exempt as defined in this subsection, must 6 adopt a consistent public educational facilities element and 7 enter the interlocal agreement pursuant to ss. 8 163.3177(6)(h)4. and 163.31777(2). A municipality is exempt if 9 it has no established need for a new school facility and it 10 meets the following criteria: 11 (a) The municipality has no public schools located 12 within its boundaries; and 13 (b) The district school board's 5-year facilities work 14 program and the long-term 10-year work program, as provided in 15 s. 235.185, demonstrate that no new school facility is needed 16 in the municipality. In addition, the district school board 17 must verify in writing that no new school facility will be 18 needed in the municipality within the 5-year and 10-year 19 timeframes. 20 (2) The public educational facilities element must be 21 based on data and analysis, including the interlocal agreement 22 defined by ss. 163.3177(6)(h)4. and 163.31777(2), and on the 23 educational facilities plan required by s. 235.185. Each local 24 government public educational facilities element within a 25 county must be consistent with the other elements and must 26 address: 27 (a) The need for, strategies for, and commitments to 28 addressing improvements to infrastructure, safety, and 29 community conditions in areas proximate to existing public 30 schools. 31 (b) The need for and strategies for providing adequate 12 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 infrastructure necessary to support proposed schools, 2 including potable water, wastewater, drainage, solid waste, 3 transportation, and means by which to assure safe access to 4 schools, including sidewalks, bicycle paths, turn lanes, and 5 signalization. 6 (c) Colocation of other public facilities, such as 7 parks, libraries, and community centers, in proximity to 8 public schools. 9 (d) Location of schools proximate to residential areas 10 and to complement patterns of development, including using 11 elementary schools as focal points for neighborhoods. 12 (e) Use of public schools to serve as emergency 13 shelters. 14 (f) Consideration of the existing and planned capacity 15 of public schools when reviewing comprehensive plan amendments 16 and rezonings that are likely to increase residential 17 development and that are reasonably expected to have an impact 18 on the demand for public school facilities, with the review to 19 be based on uniform, level-of-service standards, availability 20 standards for public schools, and the financially feasible 21 5-year district facilities work program adopted by the school 22 board pursuant to s. 235.185. 23 (g) A uniform methodology for determining school 24 capacity consistent with the interlocal agreement entered 25 pursuant to ss. 163.3177(6)(h)4. and 163.31777(2). 26 (3) The future land-use map series must incorporate 27 maps that are the result of a collaborative process for 28 identifying school sites in the educational facilities plan 29 adopted by the school board pursuant to s. 235.185 and must 30 show the locations of existing public schools and the general 31 locations of improvements to existing schools or new schools 13 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 anticipated over the 5-year, 10-year, and 20-year time 2 periods, or such maps must constitute data and analysis in 3 support of the future land-use map series. Maps indicating 4 general locations of future schools or school improvements 5 should not prescribe a land use on a particular parcel of 6 land. 7 (4) The process for adopting a public educational 8 facilities element is as provided in s. 163.3184. The state 9 land planning agency shall submit a copy of the proposed pubic 10 school facilities element pursuant to the procedures outlined 11 in s. 163.3184(4) to the Office of Educational Facilities and 12 SMART Schools Clearinghouse of the Commissioner of Education 13 for review and comment. 14 (5) Plan amendments to adopt a public educational 15 facilities element are exempt from the provisions of s. 16 163.3187(1). 17 Section 5. Section 163.31777, Florida Statutes, is 18 created to read: 19 163.31777 Public schools interlocal agreement.-- 20 (1)(a) The county and municipalities located within 21 the geographic area of a school district shall enter into an 22 interlocal agreement with the district school board which 23 jointly establishes the specific ways in which the plans and 24 processes of the district school board and the local 25 governments are to be coordinated. The interlocal agreements 26 shall be submitted to the state land planning agency and the 27 Office of Educational Facilities and the SMART Schools 28 Clearinghouse in accordance with a schedule published by the 29 state land planning agency. 30 (b) The schedule must establish staggered due dates 31 for submission of interlocal agreements that are executed by 14 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 both the local government and the district school board, 2 commencing on March 1, 2003, and concluding by December 1, 3 2004, and must set the same date for all governmental entities 4 within a school district. However, if the county where the 5 school district is located contains more than 20 6 municipalities, the state land planning agency may establish 7 staggered due dates for the submission of interlocal 8 agreements by these municipalities. The schedule must begin 9 with those areas where both the number of districtwide 10 capital-outlay full-time-equivalent students equals 80 percent 11 or more of the current year's school capacity and the 12 projected 5-year student growth is 1,000 or greater, or where 13 the projected 5-year student growth rate is 10 percent or 14 greater. 15 (c) If the student population has declined over the 16 5-year period preceding the due date for submittal of an 17 interlocal agreement by the local government and the district 18 school board, the local government and the district school 19 board may petition the state land planning agency for a waiver 20 of one or more requirements of subsection (2). The waiver must 21 be granted if the procedures called for in subsection (2) are 22 unnecessary because of the school district's declining school 23 age population, considering the district's 5-year facilities 24 work program prepared pursuant to s. 235.185. The state land 25 planning agency may modify or revoke the waiver upon a finding 26 that the conditions upon which the waiver was granted no 27 longer exist. The district school board and local governments 28 must submit an interlocal agreement within 1 year after 29 notification by the state land planning agency that the 30 conditions for a waiver no longer exist. 31 (d) Interlocal agreements between local governments 15 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 and district school boards adopted pursuant to s. 163.3177 2 before the effective date of this section must be updated and 3 executed pursuant to the requirements of this section, if 4 necessary. Amendments to interlocal agreements adopted 5 pursuant to this section must be submitted to the state land 6 planning agency within 30 days after execution by the parties 7 for review consistent with this section. Local governments and 8 the district school board in each school district are 9 encouraged to adopt a single interlocal agreement to which all 10 join as parties. The state land planning agency shall assemble 11 and make available model interlocal agreements meeting the 12 requirements of this section and notify local governments and, 13 jointly with the Department of Education, the district school 14 boards of the requirements of this section, the dates for 15 compliance, and the sanctions for noncompliance. The state 16 land planning agency shall be available to informally review 17 proposed interlocal agreements. If the state land planning 18 agency has not received a proposed interlocal agreement for 19 informal review, the state land planning agency shall, at 20 least 60 days before the deadline for submission of the 21 executed agreement, renotify the local government and the 22 district school board of the upcoming deadline and the 23 potential for sanctions. 24 (2) At a minimum, the interlocal agreement must 25 address the following issues: 26 (a) A process by which each local government and the 27 district school board agree and base their plans on consistent 28 projections of the amount, type, and distribution of 29 population growth and student enrollment. The geographic 30 distribution of jurisdiction-wide growth forecasts is a major 31 objective of the process. 16 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (b) A process to coordinate and share information 2 relating to existing and planned public school facilities, 3 including school renovations and closures, and local 4 government plans for development and redevelopment. 5 (c) Participation by affected local governments with 6 the district school board in the process of evaluating 7 potential school closures, significant renovations to existing 8 schools, and new school site selection before land 9 acquisition. Local governments shall advise the district 10 school board as to the consistency of the proposed closure, 11 renovation, or new site with the local comprehensive plan, 12 including appropriate circumstances and criteria under which a 13 district school board may request an amendment to the 14 comprehensive plan for school siting. 15 (d) A process for determining the need for and timing 16 of on-site and off-site improvements to support new, proposed 17 expansion, or redevelopment of existing schools. The process 18 must address identification of the party or parties 19 responsible for the improvements. 20 (e) A process for the school board to inform the local 21 government regarding school capacity. The capacity reporting 22 must be consistent with laws and rules relating to measurement 23 of school facility capacity and must also identify how the 24 district school board will meet the public school demand based 25 on the facilities work program adopted pursuant to s. 235.185. 26 (f) Participation of the local governments in the 27 preparation of the annual update to the district school 28 board's 5-year district facilities work program and 29 educational plant survey prepared pursuant to s. 235.185. 30 (g) A process for determining where and how joint use 31 of either school board or local government facilities can be 17 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 shared for mutual benefit and efficiency. 2 (h) A procedure for the resolution of disputes between 3 the district school board and local governments, which may 4 include the dispute-resolution processes contained in chapters 5 164 and 186. 6 (i) An oversight process, including an opportunity for 7 public participation, for the implementation of the interlocal 8 agreement. 9 10 A signatory to the interlocal agreement may elect not to 11 include a provision meeting the requirements of paragraph (e); 12 however, such a decision may be made only after a public 13 hearing on such election, which may include the public hearing 14 in which a district school board or a local government adopts 15 the interlocal agreement. An interlocal agreement entered into 16 pursuant to this section must be consistent with the adopted 17 comprehensive plan and land development regulations of any 18 local government that is a signatory. 19 (3)(a) The Office of Educational Facilities and SMART 20 Schools Clearinghouse shall submit any comments or concerns 21 regarding the executed interlocal agreement to the state land 22 planning agency within 30 days after receipt of the executed 23 interlocal agreement. The state land planning agency shall 24 review the executed interlocal agreement to determine whether 25 it is consistent with the requirements of subsection (2), the 26 adopted local government comprehensive plan, and other 27 requirements of law. Within 60 days after receipt of an 28 executed interlocal agreement, the state land planning agency 29 shall publish a notice of intent in the Florida Administrative 30 Weekly and shall post a copy of the notice on the agency's 31 Internet site. The notice of intent must state whether the 18 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 interlocal agreement is consistent or inconsistent with the 2 requirements of subsection (2) and this subsection, as 3 appropriate. 4 (b) The state land planning agency's notice is subject 5 to challenge under chapter 120; however, an affected person, 6 as defined in 163.3184(1)(a), has standing to initiate the 7 administrative proceeding, and this proceeding is the sole 8 means available to challenge the consistency of an interlocal 9 agreement required by this section with the criteria contained 10 in subsection (2) and this subsection. In order to have 11 standing, each person must have submitted oral or written 12 comments, recommendations, or objections to the local 13 government or the school board before the adoption of the 14 interlocal agreement by the school board and local government. 15 The district school board and local governments are parties to 16 any such proceeding. In this proceeding, when the state land 17 planning agency finds the interlocal agreement to be 18 consistent with the criteria in subsection (2) and this 19 subsection, the interlocal agreement shall be determined to be 20 consistent with subsection (2) and this subsection if the 21 local government's and school board's determination of 22 consistency is fairly debatable. When the state planning 23 agency finds the interlocal agreement to be inconsistent with 24 the requirements of subsection (2) and this subsection, the 25 local government's and school board's determination of 26 consistency shall be sustained unless it is shown by a 27 preponderance of the evidence that the interlocal agreement is 28 inconsistent. 29 (c) If the state land planning agency enters a final 30 order that finds that the interlocal agreement is inconsistent 31 with the requirements of subsection (2) or this subsection, it 19 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 shall forward it to the Administration Commission, which may 2 impose sanctions against the local government pursuant to s. 3 163.3184(11) and may impose sanctions against the district 4 school board by directing the Department of Education to 5 withhold from the district school board an equivalent amount 6 of funds for school construction available pursuant to ss. 7 235.187, 235.216, 235.2195, and 235.42. 8 (4) If an executed interlocal agreement is not timely 9 submitted to the state land planning agency for review, the 10 state land planning agency shall, within 15 working days after 11 the deadline for submittal, issue to the local government and 12 the district school board a Notice to Show Cause why sanctions 13 should not be imposed for failure to submit an executed 14 interlocal agreement by the deadline established by the 15 agency. The agency shall forward the notice and the responses 16 to the Administration Commission, which may enter a final 17 order citing the failure to comply and imposing sanctions 18 against the local government and district school board by 19 directing the appropriate agencies to withhold at least 5 20 percent of state funds pursuant to s. 163.3184(11) and by 21 directing the Department of Education to withhold from the 22 district school board at least 5 percent of funds for school 23 construction available pursuant to ss. 235.187, 235.216, 24 235.2195, 235.42. 25 (5) Any local government transmitting a public school 26 element to implement school concurrency pursuant to the 27 requirements of s. 163.3180 before the effective date of this 28 section is not required to amend the element or any interlocal 29 agreement to conform with the provisions of this section if 30 the element is adopted prior to or within 1 year after the 31 effective date of this section and remains in effect. 20 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (6) Except as provided in subsection (7), 2 municipalities having no established need for a new school 3 facility and meeting the following criteria are exempt from 4 the requirements of subsections (1), (2), and (3): 5 (a) The municipality has no public schools located 6 within its boundaries. 7 (b) The district school board's 5-year facilities work 8 program and the long-term 10-year and 20-year work programs, 9 as provided in s. 235.185, demonstrate that no new school 10 facility is needed in the municipality. In addition, the 11 district school board must verify in writing that no new 12 school facility will be needed in the municipality within the 13 5-year and 10-year timeframes. 14 (7) At the time of the evaluation and appraisal 15 report, each exempt municipality shall assess the extent to 16 which it continues to meet the criteria for exemption under 17 subsection (6). If the municipality continues to meet these 18 criteria and the district school board verifies in writing 19 that no new school facilities will be needed within the 5-year 20 and 10-year timeframes, the municipality shall continue to be 21 exempt from the interlocal-agreement requirement. Each 22 municipality exempt under subsection (6) must comply with the 23 provisions of this section within 1 year after the district 24 school board proposes, in its 5-year district facilities work 25 program, a new school within the municipality's jurisdiction. 26 Section 6. Subsection (4) of section 163.3180, Florida 27 Statutes, is amended to read: 28 163.3180 Concurrency.-- 29 (4)(a) The concurrency requirement as implemented in 30 local comprehensive plans applies to state and other public 31 facilities and development to the same extent that it applies 21 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 to all other facilities and development, as provided by law. 2 (b) The concurrency requirement as implemented in 3 local comprehensive plans does not apply to public transit 4 facilities. For the purposes of this paragraph, public 5 transit facilities include transit stations and terminals, 6 transit station parking, park-and-ride lots, intermodal public 7 transit connection or transfer facilities, and fixed bus, 8 guideway, and rail stations. As used in this paragraph, the 9 terms "terminals" and "transit facilities" do not include 10 airports or seaports or commercial or residential development 11 constructed in conjunction with a public transit facility. 12 (c) The concurrency requirement, except as it relates 13 to transportation facilities, as implemented in local 14 government comprehensive plans may be waived by a local 15 government for urban infill and redevelopment areas designated 16 pursuant to s. 163.2517 if such a waiver does not endanger 17 public health or safety as defined by the local government in 18 its local government comprehensive plan. The waiver shall be 19 adopted as a plan amendment pursuant to the process set forth 20 in s. 163.3187(3)(a). A local government may grant a 21 concurrency exception pursuant to subsection (5) for 22 transportation facilities located within these urban infill 23 and redevelopment areas. 24 Section 7. Subsections (1), (3), (4), (6), (7), (8), 25 and (15) and paragraph (d) of subsection (16) of section 26 163.3184, Florida Statutes, are amended to read: 27 163.3184 Process for adoption of comprehensive plan or 28 plan amendment.-- 29 (1) DEFINITIONS.--As used in this section, the term: 30 (a) "Affected person" includes the affected local 31 government; persons owning property, residing, or owning or 22 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 operating a business within the boundaries of the local 2 government whose plan is the subject of the review; owners of 3 real property abutting real property that is the subject of a 4 proposed change to a future land-use map; and adjoining local 5 governments that can demonstrate that the plan or plan 6 amendment will produce substantial impacts on the increased 7 need for publicly funded infrastructure or substantial impacts 8 on areas designated for protection or special treatment within 9 their jurisdiction. Each person, other than an adjoining local 10 government, in order to qualify under this definition, shall 11 also have submitted oral or written comments, recommendations, 12 or objections to the local government during the period of 13 time beginning with the transmittal hearing for the plan or 14 plan amendment and ending with the adoption of the plan or 15 plan amendment. 16 (b) "In compliance" means consistent with the 17 requirements of ss. 163.3177, 163.31776, when a local 18 government adopts an educational facilities element, 163.3178, 19 163.3180, 163.3191, and 163.3245, with the state comprehensive 20 plan, with the appropriate strategic regional policy plan, and 21 with chapter 9J-5, Florida Administrative Code, where such 22 rule is not inconsistent with this part and with the 23 principles for guiding development in designated areas of 24 critical state concern. 25 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR 26 AMENDMENT.-- 27 (a) Each local governing body shall transmit the 28 complete proposed comprehensive plan or plan amendment to the 29 state land planning agency, the appropriate regional planning 30 council and water management district, the Department of 31 Environmental Protection, the Department of State, and the 23 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 Department of Transportation, and, in the case of municipal 2 plans, to the appropriate county, and, in the case of county 3 plans, to the Fish and Wildlife Conservation Commission and 4 the Department of Agriculture and Consumer Services, 5 immediately following a public hearing pursuant to subsection 6 (15) as specified in the state land planning agency's 7 procedural rules. The local governing body shall also transmit 8 a copy of the complete proposed comprehensive plan or plan 9 amendment to any other unit of local government or government 10 agency in the state that has filed a written request with the 11 governing body for the plan or plan amendment. The local 12 government may request a review by the state land planning 13 agency pursuant to subsection (6) at the time of the 14 transmittal of an amendment. 15 (b) A local governing body shall not transmit portions 16 of a plan or plan amendment unless it has previously provided 17 to all state agencies designated by the state land planning 18 agency a complete copy of its adopted comprehensive plan 19 pursuant to subsection (7) and as specified in the agency's 20 procedural rules. In the case of comprehensive plan 21 amendments, the local governing body shall transmit to the 22 state land planning agency, the appropriate regional planning 23 council and water management district, the Department of 24 Environmental Protection, the Department of State, and the 25 Department of Transportation, and, in the case of municipal 26 plans, to the appropriate county and, in the case of county 27 plans, to the Fish and Wildlife Conservation Commission and 28 the Department of Agriculture and Consumer Services the 29 materials specified in the state land planning agency's 30 procedural rules and, in cases in which the plan amendment is 31 a result of an evaluation and appraisal report adopted 24 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 pursuant to s. 163.3191, a copy of the evaluation and 2 appraisal report. Local governing bodies shall consolidate all 3 proposed plan amendments into a single submission for each of 4 the two plan amendment adoption dates during the calendar year 5 pursuant to s. 163.3187. 6 (c) A local government may adopt a proposed plan 7 amendment previously transmitted pursuant to this subsection, 8 unless review is requested or otherwise initiated pursuant to 9 subsection (6). 10 (d) In cases in which a local government transmits 11 multiple individual amendments that can be clearly and legally 12 separated and distinguished for the purpose of determining 13 whether to review the proposed amendment, and the state land 14 planning agency elects to review several or a portion of the 15 amendments and the local government chooses to immediately 16 adopt the remaining amendments not reviewed, the amendments 17 immediately adopted and any reviewed amendments that the local 18 government subsequently adopts together constitute one 19 amendment cycle in accordance with s. 163.3187(1). 20 (4) INTERGOVERNMENTAL REVIEW.--If review of a proposed 21 comprehensive plan amendment is requested or otherwise 22 initiated pursuant to subsection (6), the state land planning 23 agency within 5 working days of determining that such a review 24 will be conducted shall transmit a copy of the proposed plan 25 amendment to various government agencies, as appropriate, for 26 response or comment, including, but not limited to, the 27 Department of Environmental Protection, the Department of 28 Transportation, the water management district, and the 29 regional planning council, and, in the case of municipal 30 plans, to the county land planning agency. The These 31 governmental agencies specified in paragraph (3)(a) shall 25 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 provide comments to the state land planning agency within 30 2 days after receipt by the state land planning agency of the 3 complete proposed plan amendment. If the plan or plan 4 amendment includes or relates to the public school facilities 5 element pursuant to s. 163.31776, the state land planning 6 agency shall submit a copy to the Office of Educational 7 Facilities of the Commissioner of Education for review and 8 comment. The appropriate regional planning council shall also 9 provide its written comments to the state land planning agency 10 within 30 days after receipt by the state land planning agency 11 of the complete proposed plan amendment and shall specify any 12 objections, recommendations for modifications, and comments of 13 any other regional agencies to which the regional planning 14 council may have referred the proposed plan amendment. Written 15 comments submitted by the public within 30 days after notice 16 of transmittal by the local government of the proposed plan 17 amendment will be considered as if submitted by governmental 18 agencies. All written agency and public comments must be made 19 part of the file maintained under subsection (2). 20 (6) STATE LAND PLANNING AGENCY REVIEW.-- 21 (a) The state land planning agency shall review a 22 proposed plan amendment upon request of a regional planning 23 council, affected person, or local government transmitting the 24 plan amendment. The request from the regional planning council 25 or affected person must be if the request is received within 26 30 days after transmittal of the proposed plan amendment 27 pursuant to subsection (3). The agency shall issue a report 28 of its objections, recommendations, and comments regarding the 29 proposed plan amendment. A regional planning council or 30 affected person requesting a review shall do so by submitting 31 a written request to the agency with a notice of the request 26 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 to the local government and any other person who has requested 2 notice. 3 (b) The state land planning agency may review any 4 proposed plan amendment regardless of whether a request for 5 review has been made, if the agency gives notice to the local 6 government, and any other person who has requested notice, of 7 its intention to conduct such a review within 35 30 days after 8 receipt of transmittal of the complete proposed plan amendment 9 pursuant to subsection (3). 10 (c) The state land planning agency shall establish by 11 rule a schedule for receipt of comments from the various 12 government agencies, as well as written public comments, 13 pursuant to subsection (4). If the state land planning agency 14 elects to review the amendment or the agency is required to 15 review the amendment as specified in paragraph (a), the agency 16 shall issue a report giving its objections, recommendations, 17 and comments regarding the proposed amendment within 60 days 18 after receipt of the complete proposed amendment by the state 19 land planning agency. The state land planning agency shall 20 have 30 days to review comments from the various government 21 agencies along with a local government's comprehensive plan or 22 plan amendment. During that period, the state land planning 23 agency shall transmit in writing its comments to the local 24 government along with any objections and any recommendations 25 for modifications. When a federal, state, or regional agency 26 has implemented a permitting program, the state land planning 27 agency shall not require a local government to duplicate or 28 exceed that permitting program in its comprehensive plan or to 29 implement such a permitting program in its land development 30 regulations. Nothing contained herein shall prohibit the 31 state land planning agency in conducting its review of local 27 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 plans or plan amendments from making objections, 2 recommendations, and comments or making compliance 3 determinations regarding densities and intensities consistent 4 with the provisions of this part. In preparing its comments, 5 the state land planning agency shall only base its 6 considerations on written, and not oral, comments, from any 7 source. 8 (d) The state land planning agency review shall 9 identify all written communications with the agency regarding 10 the proposed plan amendment. If the state land planning agency 11 does not issue such a review, it shall identify in writing to 12 the local government all written communications received 30 13 days after transmittal. The written identification must 14 include a list of all documents received or generated by the 15 agency, which list must be of sufficient specificity to enable 16 the documents to be identified and copies requested, if 17 desired, and the name of the person to be contacted to request 18 copies of any identified document. The list of documents must 19 be made a part of the public records of the state land 20 planning agency. 21 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF 22 PLAN OR AMENDMENTS AND TRANSMITTAL.-- 23 (a) The local government shall review the written 24 comments submitted to it by the state land planning agency, 25 and any other person, agency, or government. Any comments, 26 recommendations, or objections and any reply to them shall be 27 public documents, a part of the permanent record in the 28 matter, and admissible in any proceeding in which the 29 comprehensive plan or plan amendment may be at issue. The 30 local government, upon receipt of written comments from the 31 state land planning agency, shall have 120 days to adopt or 28 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 adopt with changes the proposed comprehensive plan or s. 2 163.3191 plan amendments. In the case of comprehensive plan 3 amendments other than those proposed pursuant to s. 163.3191, 4 the local government shall have 60 days to adopt the 5 amendment, adopt the amendment with changes, or determine that 6 it will not adopt the amendment. The adoption of the proposed 7 plan or plan amendment or the determination not to adopt a 8 plan amendment, other than a plan amendment proposed pursuant 9 to s. 163.3191, shall be made in the course of a public 10 hearing pursuant to subsection (15). The local government 11 shall transmit the complete adopted comprehensive plan or 12 adopted plan amendment, including the names and addresses of 13 person compiled pursuant to paragraph (15)(c), to the state 14 land planning agency as specified in the agency's procedural 15 rules within 10 working days after adoption. The local 16 governing body shall also transmit a copy of the adopted 17 comprehensive plan or plan amendment to the regional planning 18 agency and to any other unit of local government or 19 governmental agency in the state that has filed a written 20 request with the governing body for a copy of the plan or plan 21 amendment. 22 (b) If the adopted plan amendment is unchanged from 23 the proposed plan amendment transmitted pursuant to subsection 24 (3) and an affected person as defined in paragraph (1)(a) did 25 not raise any objection, the state land planning agency did 26 not review the proposed plan amendment, and the state land 27 planning agency did not raise any objections during its review 28 pursuant to subsection (6), the local government may state in 29 the transmittal letter that the plan amendment is unchanged 30 and was not the subject of objections. 31 (8) NOTICE OF INTENT.-- 29 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (a) If the transmittal letter correctly states that 2 the plan amendment is unchanged and was not the subject of 3 review or objections pursuant to paragraph (7)(b), the state 4 land planning agency has 20 days after receipt of the 5 transmittal letter within which to issue a notice of intent 6 that the plan amendment is in compliance. 7 (b)(a) Except as provided in paragraph (a) or in s. 8 163.3187(3), the state land planning agency, upon receipt of a 9 local government's complete adopted comprehensive plan or plan 10 amendment, shall have 45 days for review and to determine if 11 the plan or plan amendment is in compliance with this act, 12 unless the amendment is the result of a compliance agreement 13 entered into under subsection (16), in which case the time 14 period for review and determination shall be 30 days. If 15 review was not conducted under subsection (6), the agency's 16 determination must be based upon the plan amendment as 17 adopted. If review was conducted under subsection (6), the 18 agency's determination of compliance must be based only upon 19 one or both of the following: 20 1. The state land planning agency's written comments 21 to the local government pursuant to subsection (6); or 22 2. Any changes made by the local government to the 23 comprehensive plan or plan amendment as adopted. 24 (c)(b)1. During the time period provided for in this 25 subsection, the state land planning agency shall issue, 26 through a senior administrator or the secretary, as specified 27 in the agency's procedural rules, a notice of intent to find 28 that the plan or plan amendment is in compliance or not in 29 compliance. A notice of intent shall be issued by publication 30 in the manner provided by this paragraph and by mailing a copy 31 to the local government and to persons who request notice. 30 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 The required advertisement shall be no less than 2 columns 2 wide by 10 inches long, and the headline in the advertisement 3 shall be in a type no smaller than 12 point. The advertisement 4 shall not be placed in that portion of the newspaper where 5 legal notices and classified advertisements appear. The 6 advertisement shall be published in a newspaper which meets 7 the size and circulation requirements set forth in paragraph 8 (15)(c) and which has been designated in writing by the 9 affected local government at the time of transmittal of the 10 amendment. Publication by the state land planning agency of a 11 notice of intent in the newspaper designated by the local 12 government shall be prima facie evidence of compliance with 13 the publication requirements of this section. 14 2. For fiscal year 2001-2002 only, the provisions of 15 this subparagraph shall supersede the provisions of 16 subparagraph 1. During the time period provided for in this 17 subsection, the state land planning agency shall issue, 18 through a senior administrator or the secretary, as specified 19 in the agency's procedural rules, a notice of intent to find 20 that the plan or plan amendment is in compliance or not in 21 compliance. A notice of intent shall be issued by publication 22 in the manner provided by this paragraph and by mailing a copy 23 to the local government. The advertisement shall be placed in 24 that portion of the newspaper where legal notices appear. The 25 advertisement shall be published in a newspaper that meets the 26 size and circulation requirements set forth in paragraph 27 (15)(e) (15)(c) and that has been designated in writing by the 28 affected local government at the time of transmittal of the 29 amendment. Publication by the state land planning agency of a 30 notice of intent in the newspaper designated by the local 31 government shall be prima facie evidence of compliance with 31 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 the publication requirements of this section. The state land 2 planning agency shall post a copy of the notice of intent on 3 the agency's Internet site. The agency shall, no later than 4 the date the notice of intent is transmitted to the newspaper, 5 send by regular mail a courtesy informational statement to 6 persons who provide their names and addresses to the local 7 government at the transmittal hearing or at the adoption 8 hearing where the local government has provided the names and 9 addresses of such persons to the department at the time of 10 transmittal of the adopted amendment. The informational 11 statements shall include the name of the newspaper in which 12 the notice of intent will appear, the approximate date of 13 publication, the ordinance number of the plan or plan 14 amendment, and a statement that affected persons have 21 days 15 after the actual date of publication of the notice to file a 16 petition. This subparagraph expires July 1, 2002. 17 2. A local government that has an Internet site shall 18 post a copy of the state land planning agency's notice of 19 intent on the site within 5 days after receipt of the mailed 20 copy of the agency's notice of intent. 21 (15) PUBLIC HEARINGS.-- 22 (a) The procedure for transmittal of a complete 23 proposed comprehensive plan or plan amendment pursuant to 24 subsection (3) and for adoption of a comprehensive plan or 25 plan amendment pursuant to subsection (7) shall be by 26 affirmative vote of not less than a majority of the members of 27 the governing body present at the hearing. The adoption of a 28 comprehensive plan or plan amendment shall be by ordinance. 29 For the purposes of transmitting or adopting a comprehensive 30 plan or plan amendment, the notice requirements in chapters 31 125 and 166 are superseded by this subsection, except as 32 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 provided in this part. 2 (b) The local governing body shall hold at least two 3 advertised public hearings on the proposed comprehensive plan 4 or plan amendment as follows: 5 1. The first public hearing shall be held at the 6 transmittal stage pursuant to subsection (3). It shall be 7 held on a weekday at least 7 days after the day that the first 8 advertisement is published. 9 2. The second public hearing shall be held at the 10 adoption stage pursuant to subsection (7). It shall be held 11 on a weekday at least 5 days after the day that the second 12 advertisement is published. 13 (c) The local government shall provide a sign-in form 14 at the transmittal hearing and at the adoption hearing for 15 persons to provide their names and mailing addresses. The 16 sign-in form must advise that any person providing the 17 requested information will receive a courtesy informational 18 statement concerning publications of the state land planning 19 agency's notice of intent. The local government shall add to 20 the sign-in form the name and address of any person who 21 submits written comments concerning the proposed plan or plan 22 amendment during the time period between the commencement of 23 the transmittal hearing and the end of the adoption hearing. 24 It is the responsibility of the person completing the form or 25 providing written comments to accurately, completely, and 26 legibly provide all information needed in order to receive the 27 courtesy informational statement. 28 (d) The agency shall provide a model sign-in form for 29 providing the list to the agency which may be used by the 30 local government to satisfy the requirements of this 31 subsection. 33 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (e)(c) If the proposed comprehensive plan or plan 2 amendment changes the actual list of permitted, conditional, 3 or prohibited uses within a future land use category or 4 changes the actual future land use map designation of a parcel 5 or parcels of land, the required advertisements shall be in 6 the format prescribed by s. 125.66(4)(b)2. for a county or by 7 s. 166.041(3)(c)2.b. for a municipality. 8 (16) COMPLIANCE AGREEMENTS.-- 9 (d) A local government may adopt a plan amendment 10 pursuant to a compliance agreement in accordance with the 11 requirements of paragraph (15)(a). The plan amendment shall be 12 exempt from the requirements of subsections (2)-(7). The 13 local government shall hold a single adoption public hearing 14 pursuant to the requirements of subparagraph (15)(b)2. and 15 paragraph (15)(e)(c). Within 10 working days after adoption of 16 a plan amendment, the local government shall transmit the 17 amendment to the state land planning agency as specified in 18 the agency's procedural rules, and shall submit one copy to 19 the regional planning agency and to any other unit of local 20 government or government agency in the state that has filed a 21 written request with the governing body for a copy of the plan 22 amendment, and one copy to any party to the proceeding under 23 ss. 120.569 and 120.57 granted intervenor status. 24 Section 8. Paragraph (c) is amended and paragraph (k) 25 is added to subsection (1) of section 163.3187, Florida 26 Statutes, to read: 27 163.3187 Amendment of adopted comprehensive plan.-- 28 (1) Amendments to comprehensive plans adopted pursuant 29 to this part may be made not more than two times during any 30 calendar year, except: 31 (c) Any local government comprehensive plan amendments 34 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 directly related to proposed small scale development 2 activities may be approved without regard to statutory limits 3 on the frequency of consideration of amendments to the local 4 comprehensive plan. A small scale development amendment may be 5 adopted only under the following conditions: 6 1. The proposed amendment involves a use of 10 acres 7 or fewer and: 8 a. The cumulative annual effect of the acreage for all 9 small scale development amendments adopted by the local 10 government shall not exceed: 11 (I) A maximum of 120 acres in a local government that 12 contains areas specifically designated in the local 13 comprehensive plan for urban infill, urban redevelopment, or 14 downtown revitalization as defined in s. 163.3164, urban 15 infill and redevelopment areas designated under s. 163.2517, 16 transportation concurrency exception areas approved pursuant 17 to s. 163.3180(5), or regional activity centers and urban 18 central business districts approved pursuant to s. 19 380.06(2)(e); however, amendments under this paragraph may be 20 applied to no more than 60 acres annually of property outside 21 the designated areas listed in this sub-sub-subparagraph. 22 (II) A maximum of 80 acres in a local government that 23 does not contain any of the designated areas set forth in 24 sub-sub-subparagraph (I). 25 (III) A maximum of 120 acres in a county established 26 pursuant to s. 9, Art. VIII of the State Constitution. 27 b. The proposed amendment does not involve the same 28 property granted a change within the prior 12 months. 29 c. The proposed amendment does not involve the same 30 owner's property within 200 feet of property granted a change 31 within the prior 12 months. 35 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 d. The proposed amendment does not involve a text 2 change to the goals, policies, and objectives of the local 3 government's comprehensive plan, but only proposes a land use 4 change to the future land use map for a site-specific small 5 scale development activity. 6 e. The property that is the subject of the proposed 7 amendment is not located within an area of critical state 8 concern, unless the project subject to the proposed amendment 9 involves the construction of affordable housing units meeting 10 the criteria of s. 420.0004(3), and is located within an area 11 of critical state concern designated by s. 380.0552 or by the 12 Administration Commission pursuant to s. 380.05(1). Such 13 amendment is not subject to the density limitations of 14 sub-subparagraph f., and shall be reviewed by the state land 15 planning agency for consistency with the principles for 16 guiding development applicable to the area of critical state 17 concern where the amendment is located and shall not become 18 effective until a final order is issued under s. 380.05(6). 19 f. If the proposed amendment involves a residential 20 land use, the residential land use has a density of 10 units 21 or less per acre, except that this limitation does not apply 22 to small scale amendments described in sub-sub-subparagraph 23 a.(I) that are designated in the local comprehensive plan for 24 urban infill, urban redevelopment, or downtown revitalization 25 as defined in s. 163.3164, urban infill and redevelopment 26 areas designated under s. 163.2517, transportation concurrency 27 exception areas approved pursuant to s. 163.3180(5), or 28 regional activity centers and urban central business districts 29 approved pursuant to s. 380.06(2)(e). 30 2.a. A local government that proposes to consider a 31 plan amendment pursuant to this paragraph is not required to 36 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 comply with the procedures and public notice requirements of 2 s. 163.3184(15)(c) for such plan amendments if the local 3 government complies with the provisions in s. 125.66(4)(a) for 4 a county or in s. 166.041(3)(c) for a municipality. If a 5 request for a plan amendment under this paragraph is initiated 6 by other than the local government, public notice is required. 7 b. The local government shall send copies of the 8 notice and amendment to the state land planning agency, the 9 regional planning council, and any other person or entity 10 requesting a copy. This information shall also include a 11 statement identifying any property subject to the amendment 12 that is located within a coastal high hazard area as 13 identified in the local comprehensive plan. 14 3. Small scale development amendments adopted pursuant 15 to this paragraph require only one public hearing before the 16 governing board, which shall be an adoption hearing as 17 described in s. 163.3184(7), and are not subject to the 18 requirements of s. 163.3184(3)-(6) unless the local government 19 elects to have them subject to those requirements. 20 (k) A comprehensive plan amendment to adopt a public 21 educational facilities element pursuant to s. 163.31776 and 22 future land-use-map amendments for school siting may be 23 approved notwithstanding statutory limits on the frequency of 24 adopting plan amendments. 25 Section 9. Paragraph (k) of subsection (2) of section 26 163.3191, Florida Statutes, is amended and paragraphs (l) and 27 (m) are added to that subsection to read: 28 163.3191 Evaluation and appraisal of comprehensive 29 plan.-- 30 (2) The report shall present an evaluation and 31 assessment of the comprehensive plan and shall contain 37 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 appropriate statements to update the comprehensive plan, 2 including, but not limited to, words, maps, illustrations, or 3 other media, related to: 4 (k) The coordination of the comprehensive plan with 5 existing public schools and those identified in the applicable 6 educational 5-year school district facilities plan work 7 program adopted pursuant to s. 235.185. The assessment shall 8 address, where relevant, the success or failure of the 9 coordination of the future land use map and associated planned 10 residential development with public schools and their 11 capacities, as well as the joint decisionmaking processes 12 engaged in by the local government and the school board in 13 regard to establishing appropriate population projections and 14 the planning and siting of public school facilities. If the 15 issues are not relevant, the local government shall 16 demonstrate that they are not relevant. 17 (l) The evaluation must consider the appropriate water 18 management district's regional water supply plan approved 19 pursuant to s. 373.0361. The potable water element must be 20 revised to include a work plan, covering at least a 10-year 21 planning period, for building any water supply facilities that 22 are identified in the element as necessary to serve existing 23 and new development and for which the local government is 24 responsible. 25 (m) If any of the jurisdiction of the local government 26 is located within the coastal high-hazard area, an evaluation 27 of whether any past reduction in land use density impairs the 28 property rights of current residents when redevelopment 29 occurs, including, but not limited to, redevelopment following 30 a natural disaster. The property rights of current residents 31 shall be balanced with public safety considerations. The local 38 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 government must identify strategies to address redevelopment 2 feasibility and the property rights of affected residents. 3 These strategies may include the authorization of 4 redevelopment up to the actual built density in existence on 5 the property prior to the natural disaster or redevelopment. 6 Section 10. Section 163.3215, Florida Statutes, is 7 amended to read: 8 163.3215 Standing to enforce local comprehensive plans 9 through development orders.-- 10 (1) Subsections (3) and (4) provide the exclusive 11 methods for an aggrieved or adversely affected party to appeal 12 and challenge the consistency of a development order with a 13 comprehensive plan adopted under this part. The local 14 government that issues the development order is to be named as 15 a respondent in all proceedings under this section. Subsection 16 (3) shall not apply to development orders for which a local 17 government has established a process consistent with the 18 requirements of subsection (4). A local government may decide 19 which types of development orders will proceed under 20 subsection (4). Subsection (3) shall apply to all other 21 development orders that are not subject to subsection (4). 22 (2) As used in this section, the term "aggrieved or 23 adversely affected party" means any person or local government 24 that will suffer an adverse effect to an interest protected or 25 furthered by the local government comprehensive plan, 26 including interests related to health and safety, police and 27 fire protection service systems, densities or intensities of 28 development, transportation facilities, health care 29 facilities, equipment or services, and environmental or 30 natural resources. The alleged adverse interest may be shared 31 in common with other members of the community at large but 39 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 must exceed in degree the general interest in community good 2 shared by all persons. The term includes the owner, developer, 3 or applicant for a development order. 4 (3)(1) Any aggrieved or adversely affected party may 5 maintain a de novo an action for declaratory, injunctive, or 6 other relief against any local government to challenge any 7 decision of such local government granting or denying an 8 application for, or to prevent such local government from 9 taking any action on, a development order, as defined in s. 10 163.3164, which materially alters the use or density or 11 intensity of use on a particular piece of property which that 12 is not consistent with the comprehensive plan adopted under 13 this part. The de novo action must be filed no later than 30 14 days following rendition of a development order or other 15 written decision, or when all local administrative appeals, if 16 any, are exhausted, whichever occurs later. 17 (2) "Aggrieved or adversely affected party" means any 18 person or local government which will suffer an adverse effect 19 to an interest protected or furthered by the local government 20 comprehensive plan, including interests related to health and 21 safety, police and fire protection service systems, densities 22 or intensities of development, transportation facilities, 23 health care facilities, equipment or services, or 24 environmental or natural resources. The alleged adverse 25 interest may be shared in common with other members of the 26 community at large, but shall exceed in degree the general 27 interest in community good shared by all persons. 28 (3)(a) No suit may be maintained under this section 29 challenging the approval or denial of a zoning, rezoning, 30 planned unit development, variance, special exception, 31 conditional use, or other development order granted prior to 40 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 October 1, 1985, or applied for prior to July 1, 1985. 2 (b) Suit under this section shall be the sole action 3 available to challenge the consistency of a development order 4 with a comprehensive plan adopted under this part. 5 (4) If a local government elects to adopt or has 6 adopted an ordinance establishing, at a minimum, the 7 requirements listed in this subsection, the sole method by 8 which an aggrieved and adversely affected party may challenge 9 any decision of local government granting or denying an 10 application for a development order, as defined in s. 11 163.3164, which materially alters the use or density or 12 intensity of use on a particular piece of property, on the 13 basis that it is not consistent with the comprehensive plan 14 adopted under this part, is by an appeal filed by a petition 15 for writ of certiorari filed in circuit court no later than 30 16 days following rendition of a development order or other 17 written decision of the local government, or when all local 18 administrative appeals, if any, are exhausted, whichever 19 occurs later. An action for injunctive or other relief may be 20 joined with the petition for certiorari. Principles of 21 judicial or administrative res judicata and collateral 22 estoppel apply to these proceedings. Minimum components of the 23 local process are as follows: 24 (a) The local process must make provision for notice 25 of an application for a development order that materially 26 alters the use or density or intensity of use on a particular 27 piece of property, including notice by publication or mailed 28 notice consistent with the provisions of s. 166.041(3)(c)2.b. 29 and c. and s. 125.66(4)(b)2. and 3., and must require 30 prominent posting at the job site. The notice must be given 31 within 10 days after the filing of an application for 41 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 development order; however, notice under this subsection is 2 not required for an application for a building permit or any 3 other official action of local government which does not 4 materially alter the use or density or intensity of use on a 5 particular piece of property. The notice must clearly 6 delineate that an aggrieved or adversely affected person has 7 the right to request a quasi-judicial hearing before the local 8 government for which the application is made, must explain the 9 conditions precedent to the appeal of any development order 10 ultimately rendered upon the application, and must specify the 11 location where written procedures can be obtained that 12 describe the process, including how to initiate the 13 quasi-judicial process, the timeframes for initiating the 14 process, and the location of the hearing. The process may 15 include an opportunity for an alternative dispute resolution. 16 (b) The local process must provide a clear point of 17 entry consisting of a written preliminary decision, at a time 18 and in a manner to be established in the local ordinance, with 19 the time to request a quasi-judicial hearing running from the 20 issuance of the written preliminary decision; the local 21 government, however, is not bound by the preliminary decision. 22 A party may request a hearing to challenge or support a 23 preliminary decision. 24 (c) The local process must provide an opportunity for 25 participation in the process by an aggrieved or adversely 26 affected party, allowing a reasonable time for the party to 27 prepare and present a case for the quasi-judicial hearing. 28 (d) The local process must provide, at a minimum, an 29 opportunity for the disclosure of witnesses and exhibits prior 30 to hearing and an opportunity for the depositions of witnesses 31 to be taken. 42 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (e) The local process may not require that a party be 2 represented by an attorney in order to participate in a 3 hearing. 4 (f) The local process must provide for a 5 quasi-judicial hearing before an impartial special master who 6 is an attorney who has at least 5 years' experience and who 7 shall, at the conclusion of the hearing, recommend written 8 findings of fact and conclusions of law. The special master 9 shall have the power to swear witnesses and take their 10 testimony under oath, to issue subpoenas and other orders 11 regarding the conduct of the proceedings, and to compel entry 12 upon the land. The standard of review applied by the special 13 master in determining whether a proposed development order is 14 consistent with the comprehensive plan shall be strict 15 scrutiny in accordance with Florida law. 16 (g) At the quasi-judicial hearing, all parties must 17 have the opportunity to respond, to present evidence and 18 argument on all issues involved which are related to the 19 development order, and to conduct cross-examination and submit 20 rebuttal evidence. Public testimony must be allowed. 21 (h) The local process must provide for a duly noticed 22 public hearing before the local government at which public 23 testimony is allowed. At the quasi-judicial hearing, the local 24 government is bound by the special master's findings of fact 25 unless the findings of fact are not supported by competent 26 substantial evidence. The governing body may modify the 27 conclusions of law if it finds that the special master's 28 application or interpretation of law is erroneous. The 29 governing body may make reasonable legal interpretations of 30 its comprehensive plan and land development regulations 31 without regard to whether the special master's interpretation 43 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 is labeled as a finding of fact or a conclusion of law. The 2 local government's final decision must be reduced to writing, 3 including the findings of fact and conclusions of law, and is 4 not considered rendered or final until officially date-stamped 5 by the city or county clerk. 6 (i) An ex parte communication relating to the merits 7 of the matter under review may not be made to the special 8 master. An ex parte communication relating to the merits of 9 the matter under review may not be made to the governing body 10 after a time to be established by the local ordinance, which 11 time must be no later than receipt of the special master's 12 recommended order by the governing body. 13 (j) At the option of the local government, the process 14 may require actions to challenge the consistency of a 15 development order with land development regulations to be 16 brought in the same proceeding. 17 (4) As a condition precedent to the institution of an 18 action pursuant to this section, the complaining party shall 19 first file a verified complaint with the local government 20 whose actions are complained of setting forth the facts upon 21 which the complaint is based and the relief sought by the 22 complaining party. The verified complaint shall be filed no 23 later than 30 days after the alleged inconsistent action has 24 been taken. The local government receiving the complaint 25 shall respond within 30 days after receipt of the complaint. 26 Thereafter, the complaining party may institute the action 27 authorized in this section. However, the action shall be 28 instituted no later than 30 days after the expiration of the 29 30-day period which the local government has to take 30 appropriate action. Failure to comply with this subsection 31 shall not bar an action for a temporary restraining order to 44 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 prevent immediate and irreparable harm from the actions 2 complained of. 3 (5) Venue in any cases brought under this section 4 shall lie in the county or counties where the actions or 5 inactions giving rise to the cause of action are alleged to 6 have occurred. 7 (6) The signature of an attorney or party constitutes 8 a certificate that he or she has read the pleading, motion, or 9 other paper and that, to the best of his or her knowledge, 10 information, and belief formed after reasonable inquiry, it is 11 not interposed for any improper purpose, such as to harass or 12 to cause unnecessary delay or for economic advantage, 13 competitive reasons or frivolous purposes or needless increase 14 in the cost of litigation. If a pleading, motion, or other 15 paper is signed in violation of these requirements, the court, 16 upon motion or its own initiative, shall impose upon the 17 person who signed it, a represented party, or both, an 18 appropriate sanction, which may include an order to pay to the 19 other party or parties the amount of reasonable expenses 20 incurred because of the filing of the pleading, motion, or 21 other paper, including a reasonable attorney's fee. 22 (7) In any proceeding action under subsection (3) or 23 subsection (4) this section, no settlement shall be entered 24 into by the local government unless the terms of the 25 settlement have been the subject of a public hearing after 26 notice as required by this part. 27 (8) In any proceeding suit under subsection (3) or 28 subsection (4) this section, the Department of Legal Affairs 29 may intervene to represent the interests of the state. 30 (9) Neither subsection (3) nor subsection (4) relieves 31 the local government of its obligations to hold public 45 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 hearings as required by law. 2 Section 11. Section 163.3246, Florida Statutes, is 3 created to read: 4 163.3246 Local government comprehensive planning 5 certification program.-- 6 (1) There is created the Local Government 7 Comprehensive Planning Certification Program to be 8 administered by the Department of Community Affairs. The 9 purpose of the program is to create a certification process 10 for local governments who identify a geographic area for 11 certification within which they commit to directing growth and 12 who, because of a demonstrated record of effectively adopting, 13 implementing, and enforcing its comprehensive plan, the level 14 of technical planning experience exhibited by the local 15 government, and a commitment to implement exemplary planning 16 practices, require less state and regional oversight of the 17 comprehensive plan amendment process. The purpose of the 18 certification area is to designate areas that are contiguous, 19 compact, and appropriate for urban growth and development 20 within a 10-year planning timeframe. Municipalities and 21 counties are encouraged to jointly establish the certification 22 area, and subsequently enter into joint certification 23 agreement with the department. 24 (2) In order to be eligible for certification under 25 the program, the local government must: 26 (a) Demonstrate a record of effectively adopting, 27 implementing, and enforcing its comprehensive plan; 28 (b) Demonstrate technical, financial, and 29 administrative expertise to implement the provisions of this 30 part without state oversight; 31 (c) Obtain comments from the state and regional review 46 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 agencies regarding the appropriateness of the proposed 2 certification; 3 (d) Hold at least one public hearing soliciting public 4 input concerning the local government's proposal for 5 certification; and 6 (e) Demonstrate that it has adopted programs in its 7 local comprehensive plan and land development regulations 8 which: 9 1. Promote infill development and redevelopment, 10 including prioritized and timely permitting processes in which 11 applications for local development permits within the 12 certification area are acted upon expeditiously for proposed 13 development that is consistent with the local comprehensive 14 plan. 15 2. Promote the development of housing for low-income 16 and very-low-income households or specialized housing to 17 assist elderly and disabled persons to remain at home or in 18 independent living arrangements. 19 3. Achieve effective intergovernmental coordination 20 and address the extrajurisdictional effects of development 21 within the certified area. 22 4. Promote economic diversity and growth while 23 encouraging the retention of rural character, where rural 24 areas exist, and the protection and restoration of the 25 environment. 26 5. Provide and maintain public urban and rural open 27 space and recreational opportunities. 28 6. Manage transportation and land uses to support 29 public transit and promote opportunities for pedestrian and 30 nonmotorized transportation. 31 7. Use design principles to foster individual 47 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 community identity, create a sense of place, and promote 2 pedestrian-oriented safe neighborhoods and town centers. 3 8. Redevelop blighted areas. 4 9. Adopt a local mitigation strategy and have programs 5 to improve disaster preparedness and the ability to protect 6 lives and property, especially in coastal high-hazard areas. 7 10. Encourage clustered, mixed-use development that 8 incorporates greenspace and residential development within 9 walking distance of commercial development. 10 11. Encourage urban infill at appropriate densities 11 and intensities and separate urban and rural uses and 12 discourage urban sprawl while preserving public open space and 13 planning for buffer-type land uses and rural development 14 consistent with their respective character along and outside 15 the certification area. 16 12. Assure protection of key natural areas and 17 agricultural lands that are identified using state and local 18 inventories of natural areas. Key natural areas include, but 19 are not limited to: 20 a. Wildlife corridors. 21 b. Lands with high native biological diversity, 22 important areas for threatened and endangered species, species 23 of special concern, migratory bird habitat, and intact natural 24 communities. 25 c. Significant surface waters and springs, aquatic 26 preserves, wetlands, and outstanding Florida waters. 27 d. Water resources suitable for preservation of 28 natural systems and for water resource development. 29 e. Representative and rare native Florida natural 30 systems. 31 13. Ensure the cost-efficient provision of public 48 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 infrastructure and services. 2 (3) Portions of local governments located within areas 3 of critical state concern cannot be included in a 4 certification area. 5 (4) A local government or group of local governments 6 seeking certification of all or part of a jurisdiction or 7 jurisdictions must submit an application to the department 8 which demonstrates that the area sought to be certified meets 9 the criteria of subsections (2) and (5). The application shall 10 include copies of the applicable local government 11 comprehensive plan, land development regulations, interlocal 12 agreements, and other relevant information supporting the 13 eligibility criteria for designation. Upon receipt of a 14 complete application, the department must provide the local 15 government with an initial response to the application within 16 90 days after receipt of the application. 17 (5) If the local government meets the eligibility 18 criteria of subsection (2), the department shall certify all 19 or part of a local government by written agreement, which 20 shall be considered final agency action subject to challenge 21 under s. 120.569. The agreement must include the following 22 components: 23 (a) The basis for certification. 24 (b) The boundary of the certification area, which 25 encompasses areas that are contiguous, compact, appropriate 26 for urban growth and development, and in which public 27 infrastructure is existing or planned within a 10-year 28 planning timeframe. The certification area is required to 29 include sufficient land to accommodate projected population 30 growth, housing demand, including choice in housing types and 31 affordability, job growth and employment, appropriate 49 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 densities and intensities of use to be achieved in new 2 development and redevelopment, existing or planned 3 infrastructure, including transportation and central water and 4 sewer facilities. The certification area must be adopted as 5 part of the local government's comprehensive plan. 6 (c) A demonstration that the capital-improvements plan 7 governing the certified area is updated annually. 8 (d) A visioning plan or a schedule for the development 9 of a visioning plan. 10 (e) A description of baseline conditions related to 11 the evaluation criteria in paragraph (g) in the certified 12 area. 13 (f) A work program setting forth specific planning 14 strategies and projects that will be undertaken to achieve 15 improvement in the baseline conditions as measured by the 16 criteria identified in paragraph (g). 17 (g) Criteria to evaluate the effectiveness of the 18 certification process in achieving the community-development 19 goals for the certification area including: 20 1. Measuring the compactness of growth, expressed as 21 the ratio between population growth and land consumed; 22 2. Increasing residential density and intensities of 23 use; 24 3. Measuring and reducing vehicle miles traveled and 25 increasing the interconnectedness of the street system, 26 pedestrian access, and mass transit; 27 4. Measuring the balance between the location of jobs 28 and housing; 29 5. Improving the housing mix within the certification 30 area, including the provision of mixed-use neighborhoods, 31 affordable housing, and the creation of an affordable housing 50 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 program if such a program is not already in place; 2 6. Promoting mixed-use developments as an alternative 3 to single-purpose centers; 4 7. Promoting clustered development having dedicated 5 open space; 6 8. Linking commercial, educational, and recreational 7 uses directly to residential growth; 8 9. Reducing per capita water and energy consumption; 9 10. Prioritizing environmental features to be 10 protected and adopting measures or programs to protect 11 identified features; 12 11. Reducing hurricane shelter deficits and evacuation 13 times and implementing the adopted mitigation strategies; and 14 12. Improving coordination between the local 15 government and school board. 16 (h) A commitment to change any land development 17 regulations that restrict compact development and adopt 18 alternative design codes that encourage desirable densities 19 and intensities of use and patterns of compact development 20 identified in the agreement. 21 (i) A plan for increasing public participation in 22 comprehensive planning and land use decision making which 23 includes outreach to neighborhood and civic associations 24 through community planning initiatives. 25 (j) A demonstration that the intergovernmental 26 coordination element of the local government's comprehensive 27 plan includes joint processes for coordination between the 28 school board and local government pursuant to s. 29 163.3177(6)(h)2. and other requirements of law. 30 (k) A method of addressing the extrajurisdictional 31 effects of development within the certified area which is 51 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 integrated by amendment into the intergovernmental 2 coordination element of the local government comprehensive 3 plan. 4 (l) A requirement for the annual reporting to the 5 department of plan amendments adopted during the year, and the 6 progress of the local government in meeting the terms and 7 conditions of the certification agreement. Prior to the 8 deadline for the annual report, the local government must hold 9 a public hearing soliciting public input on the progress of 10 the local government in satisfying the terms of the 11 certification agreement. 12 (m) An expiration date that is no later than 10 years 13 after execution of the agreement. 14 (6) The department may enter up to eight new 15 certification agreements each fiscal year. The department 16 shall adopt procedural rules governing the application and 17 review of local government requests for certification. Such 18 procedural rules may establish a phased schedule for review of 19 local government requests for certification. 20 (7) The department shall revoke the local government's 21 certification if it determines that the local government is 22 not substantially complying with the terms of the agreement. 23 (8) An affected person, as defined by s. 24 163.3184(1)(a), may petition for administrative hearing 25 alleging that a local government is not substantially 26 complying with the terms of the agreement, using the 27 procedures and timeframes for notice and conditions precedent 28 described in s. 163.3213. Such a petition must be filed within 29 30 days after the annual public hearing required by paragraph 30 (5)(l). 31 (9)(a) Upon certification all comprehensive plan 52 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 amendments associated with the area certified must be adopted 2 and reviewed in the manner described in ss. 163.3184(1), (2), 3 (7), (14), (15), and (16) and 163.3187, such that state and 4 regional agency review is eliminated. The department may not 5 issue any objections, recommendations, and comments report on 6 proposed plan amendments or a notice of intent on adopted plan 7 amendments; however, affected persons, as defined by s. 8 163.3184(1)(a), may file a petition for administrative review 9 pursuant to the requirements of s. 163.3187(3)(a) to challenge 10 the compliance of an adopted plan amendment. 11 (b) Plan amendments that change the boundaries of the 12 certification area; propose a rural land stewardship area 13 pursuant to s. 163.3177(11)(d); propose an optional sector 14 plan pursuant to s. 163.3245; propose a school facilities 15 element; update a comprehensive plan based on an evaluation 16 and appraisal report; impact lands outside the certification 17 boundary; implement new statutory requirements that require 18 specific comprehensive plan amendments; or increase hurricane 19 evacuation times or the need for shelter capacity on lands 20 within the coastal high hazard area shall be reviewed pursuant 21 to ss. 163.3184 and 163.3187. 22 (10) A local government's certification shall be 23 reviewed by the local government and the department as part of 24 the evaluation and appraisal process pursuant to s. 163.3191. 25 Within 1 year after the deadline for the local government to 26 update its comprehensive plan based on the evaluation and 27 appraisal report, the department shall renew or revoke the 28 certification. The local government's failure to adopt a 29 timely evaluation and appraisal report, failure to adopt an 30 evaluation and appraisal report found to be sufficient, or 31 failure to timely adopt amendments based on an evaluation and 53 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 appraisal report found to be in compliance by the department 2 shall be cause for revoking the certification agreement. The 3 department's decision to renew or revoke shall be considered 4 agency action subject to challenge under s. 120.569. 5 (11) The department shall, by July 1 of each 6 odd-numbered year, submit to the Governor, the President of 7 the Senate, and the Speaker of the House of Representatives a 8 report listing certified local governments, evaluating the 9 effectiveness of the certification, and including any 10 recommendations for legislative actions. 11 (12) The Office of Program Policy Analysis and 12 Government Accountability shall prepare a report evaluating 13 the certification program, which shall be submitted to the 14 Governor, the President of the Senate, and the Speaker of the 15 House of Representatives by December 1, 2007. 16 Section 12. Paragraph (c) of subsection (2) and 17 subsection (3) of section 186.504, Florida Statutes, are 18 amended to read: 19 186.504 Regional planning councils; creation; 20 membership.-- 21 (2) Membership on the regional planning council shall 22 be as follows: 23 (c) Representatives appointed by the Governor from the 24 geographic area covered by the regional planning council, 25 including an elected school board member from the geographic 26 area covered by the regional planning council, to be nominated 27 by the Florida School Board Association. 28 (3) Not less than two-thirds of the representatives 29 serving as voting members on the governing bodies of such 30 regional planning councils shall be elected officials of local 31 general-purpose governments chosen by the cities and counties 54 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 of the region, provided each county shall have at least one 2 vote. The remaining one-third of the voting members on the 3 governing board shall be appointed by the Governor, to include 4 one elected school board member, subject to confirmation by 5 the Senate, and shall reside in the region. No two appointees 6 of the Governor shall have their places of residence in the 7 same county until each county within the region is represented 8 by a Governor's appointee to the governing board. Nothing 9 contained in this section shall deny to local governing bodies 10 or the Governor the option of appointing either locally 11 elected officials or lay citizens provided at least two-thirds 12 of the governing body of the regional planning council is 13 composed of locally elected officials. 14 Section 13. Paragraphs (a) and (d) of subsection (2) 15 and subsection (6) of section 212.055, Florida Statutes, are 16 amended to read: 17 212.055 Discretionary sales surtaxes; legislative 18 intent; authorization and use of proceeds.--It is the 19 legislative intent that any authorization for imposition of a 20 discretionary sales surtax shall be published in the Florida 21 Statutes as a subsection of this section, irrespective of the 22 duration of the levy. Each enactment shall specify the types 23 of counties authorized to levy; the rate or rates which may be 24 imposed; the maximum length of time the surtax may be imposed, 25 if any; the procedure which must be followed to secure voter 26 approval, if required; the purpose for which the proceeds may 27 be expended; and such other requirements as the Legislature 28 may provide. Taxable transactions and administrative 29 procedures shall be as provided in s. 212.054. 30 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 31 (a)1. The governing authority in each county may levy 55 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 a discretionary sales surtax of 0.5 percent or 1 percent. The 2 levy of the surtax shall be pursuant to ordinance enacted by a 3 two-thirds vote majority of the members of the county 4 governing authority or pursuant to ordinance enacted by a 5 majority of the members of the county governing authority and 6 approved by a majority of the electors of the county voting in 7 a referendum on the surtax. If the governing bodies of the 8 municipalities representing a majority of the county's 9 population adopt uniform resolutions establishing the rate of 10 the surtax and calling for a referendum on the surtax, the 11 levy of the surtax shall be placed on the ballot and shall 12 take effect if approved by a majority of the electors of the 13 county voting in the referendum on the surtax. 14 2. If the surtax was levied pursuant to a referendum 15 held before July 1, 1993, the surtax may not be levied beyond 16 the time established in the ordinance, or, if the ordinance 17 did not limit the period of the levy, the surtax may not be 18 levied for more than 15 years. The levy of such surtax may be 19 extended only by approval of a majority of the electors of the 20 county voting in a referendum on the surtax or pursuant to 21 ordinance enacted by a two-thirds vote of the members of the 22 county governing authority. 23 (d)1. The proceeds of the surtax authorized by this 24 subsection and approved by referendum and any interest accrued 25 thereto shall be expended by the school district or within the 26 county and municipalities within the county, or, in the case 27 of a negotiated joint county agreement, within another county, 28 to finance, plan, and construct infrastructure and to acquire 29 land for public recreation or conservation or protection of 30 natural resources and to finance the closure of county-owned 31 or municipally owned solid waste landfills that are already 56 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 closed or are required to close by order of the Department of 2 Environmental Protection. Any use of such proceeds or interest 3 for purposes of landfill closure prior to July 1, 1993, is 4 ratified. Neither the proceeds nor any interest accrued 5 thereto shall be used for operational expenses of any 6 infrastructure, except that any county with a population of 7 less than 75,000 that is required to close a landfill by order 8 of the Department of Environmental Protection may use the 9 proceeds or any interest accrued thereto for long-term 10 maintenance costs associated with landfill closure. Counties, 11 as defined in s. 125.011(1), and charter counties may, in 12 addition, use the proceeds and any interest accrued thereto to 13 retire or service indebtedness incurred for bonds issued prior 14 to July 1, 1987, for infrastructure purposes, and for bonds 15 subsequently issued to refund such bonds. Any use of such 16 proceeds or interest for purposes of retiring or servicing 17 indebtedness incurred for such refunding bonds prior to July 18 1, 1999, is ratified. 19 2. The proceeds of the surtax where the surtax is 20 levied by a two-thirds vote of the governing body of the 21 county and any interest accrued thereto shall be expended by 22 the school district or within the county and municipalities 23 within the county for infrastructure located within the urban 24 service area that is identified in the local government 25 comprehensive plan of the county or municipality and is 26 identified in that local government's capital improvements 27 element adopted pursuant to s. 163.3177(3) or that is 28 identified in the school district's educational facilities 29 plan adopted pursuant to s. 235.185. 30 3.2. For the purposes of this paragraph, 31 "infrastructure" means: 57 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 a. Any fixed capital expenditure or fixed capital 2 outlay associated with the construction, reconstruction, or 3 improvement of public facilities which have a life expectancy 4 of 5 or more years and any land acquisition, land improvement, 5 design, and engineering costs related thereto. 6 b. A fire department vehicle, an emergency medical 7 service vehicle, a sheriff's office vehicle, a police 8 department vehicle, or any other vehicle, and such equipment 9 necessary to outfit the vehicle for its official use or 10 equipment that has a life expectancy of at least 5 years. 11 4.3. Notwithstanding any other provision of this 12 subsection, a discretionary sales surtax imposed or extended 13 after the effective date of this act may provide for an amount 14 not to exceed 15 percent of the local option sales surtax 15 proceeds to be allocated for deposit to a trust fund within 16 the county's accounts created for the purpose of funding 17 economic development projects of a general public purpose 18 targeted to improve local economies, including the funding of 19 operational costs and incentives related to such economic 20 development. If applicable, the ballot statement must indicate 21 the intention to make an allocation under the authority of 22 this subparagraph. 23 (6) SCHOOL CAPITAL OUTLAY SURTAX.-- 24 (a) The school board in each county may levy, pursuant 25 to resolution conditioned to take effect only upon approval by 26 a majority vote of the electors of the county voting in a 27 referendum, a discretionary sales surtax at a rate that may 28 not exceed 0.5 percent. 29 (b) The resolution shall include a statement that 30 provides a brief and general description of the school capital 31 outlay projects to be funded by the surtax. If applicable, the 58 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 resolution must state that the district school board has been 2 recognized by the State Board of Education as having a Florida 3 Frugal Schools Program. The statement shall conform to the 4 requirements of s. 101.161 and shall be placed on the ballot 5 by the governing body of the county. The following question 6 shall be placed on the ballot: 7 8 ....FOR THE ....CENTS TAX 9 ....AGAINST THE ....CENTS TAX 10 11 (c) As an alternative method of levying the 12 discretionary sales surtax, the district school board may 13 levy, pursuant to resolution adopted by a two-thirds vote of 14 the members of the school board, a discretionary sales surtax 15 at a rate not to exceed 0.5 percent when the following 16 conditions are met: 17 1. The district school board and local governments in 18 the county where the school district is located have adopted 19 the interlocal agreement and public educational facilities 20 element required by s. 163.31776; 21 2. The district school board has adopted a district 22 educational facilities plan pursuant to s. 235.185; and 23 3. The district's use of surtax proceeds for new 24 construction must not exceed the cost-per-student criteria 25 established for the SIT Program in s. 235.216(2). 26 (d)(c) The resolution providing for the imposition of 27 the surtax shall set forth a plan for use of the surtax 28 proceeds for fixed capital expenditures or fixed capital costs 29 associated with the construction, reconstruction, or 30 improvement of school facilities and campuses which have a 31 useful life expectancy of 5 or more years, and any land 59 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 acquisition, land improvement, design, and engineering costs 2 related thereto. Additionally, the plan shall include the 3 costs of retrofitting and providing for technology 4 implementation, including hardware and software, for the 5 various sites within the school district. Surtax revenues may 6 be used for the purpose of servicing bond indebtedness to 7 finance projects authorized by this subsection, and any 8 interest accrued thereto may be held in trust to finance such 9 projects. Neither the proceeds of the surtax nor any interest 10 accrued thereto shall be used for operational expenses. If the 11 district school board has been recognized by the State Board 12 of Education as having a Florida Frugal Schools Program, the 13 district's plan for use of the surtax proceeds must be 14 consistent with this subsection and with uses assured under 15 the Florida Frugal Schools Program. 16 (e)(d) Any school board imposing the surtax shall 17 implement a freeze on noncapital local school property taxes, 18 at the millage rate imposed in the year prior to the 19 implementation of the surtax, for a period of at least 3 years 20 from the date of imposition of the surtax. This provision 21 shall not apply to existing debt service or required state 22 taxes. 23 (f)(e) Surtax revenues collected by the Department of 24 Revenue pursuant to this subsection shall be distributed to 25 the school board imposing the surtax in accordance with law. 26 Section 14. Section 235.002, Florida Statutes, is 27 amended to read: 28 235.002 Intent.-- 29 (1) The intent of the Legislature is to: 30 (a) To provide each student in the public education 31 system the availability of an educational environment 60 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 appropriate to his or her educational needs which is 2 substantially equal to that available to any similar student, 3 notwithstanding geographic differences and varying local 4 economic factors, and to provide facilities for the Florida 5 School for the Deaf and the Blind and other educational 6 institutions and agencies as may be defined by law. 7 (a)(b) To Encourage the use of innovative designs, 8 construction techniques, and financing mechanisms in building 9 educational facilities for the purposes purpose of reducing 10 costs to the taxpayer, creating a more satisfactory 11 educational environment, and reducing the amount of time 12 necessary for design and construction to fill unmet needs, and 13 permitting the on-site and off-site improvements required by 14 law. 15 (b)(c) To Provide a systematic mechanism whereby 16 educational facilities construction plans can meet the current 17 and projected needs of the public education system population 18 as quickly as possible by building uniform, sound educational 19 environments and to provide a sound base for planning for 20 educational facilities needs. 21 (c)(d) To Provide proper legislative support for as 22 wide a range of fiscally sound financing methodologies as 23 possible for the delivery of educational facilities and, where 24 appropriate, for their construction, operation, and 25 maintenance. 26 (d) Establish a systematic process of sharing 27 information between school boards and local governments on the 28 growth and development trends in their communities in order to 29 forecast future enrollment and school needs. 30 (e) Establish a systematic process by which school 31 boards and local governments can cooperatively plan for the 61 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 provision of educational facilities to meet the current and 2 projected needs of the public education system, including the 3 needs placed on the public education system as a result of 4 growth and development decisions by local governments. 5 (f) Establish a systematic process by which local 6 governments and school boards can cooperatively identify and 7 meet the infrastructure needs of public schools. 8 (2) The Legislature finds and declares that: 9 (a) Public schools are a linchpin to the vitality of 10 our communities and play a significant role in the thousands 11 of individual housing decisions that result in community 12 growth trends. 13 (b)(a) Growth and development issues transcend the 14 boundaries and responsibilities of individual units of 15 government, and often no single unit of government can plan or 16 implement policies to deal with these issues without affecting 17 other units of government. 18 (c)(b) The effective and efficient provision of public 19 educational facilities and services enhances is essential to 20 preserving and enhancing the quality of life of the people of 21 this state. 22 (d)(c) The provision of educational facilities often 23 impacts community infrastructure and services. Assuring 24 coordinated and cooperative provision of such facilities and 25 associated infrastructure and services is in the best interest 26 of the state. 27 Section 15. Notwithstanding subsection (7) of section 28 3 of chapter 2000-321, Laws of Florida, section 235.15, 29 Florida Statutes, shall not stand repealed on January 7, 2003, 30 as scheduled by that act, but that section is reenacted and 31 amended to read: 62 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 235.15 Educational plant survey; localized need 2 assessment; PECO project funding.-- 3 (1) At least every 5 years, each board, including the 4 Board of Regents, shall arrange for an educational plant 5 survey, to aid in formulating plans for housing the 6 educational program and student population, faculty, 7 administrators, staff, and auxiliary and ancillary services of 8 the district or campus, including consideration of the local 9 comprehensive plan. The Office Division of Workforce and 10 Economic Development shall document the need for additional 11 career and adult education programs and the continuation of 12 existing programs before facility construction or renovation 13 related to career or adult education may be included in the 14 educational plant survey of a school district or community 15 college that delivers career or adult education programs. 16 Information used by the Office Division of Workforce and 17 Economic Development to establish facility needs must include, 18 but need not be limited to, labor market data, needs analysis, 19 and information submitted by the school district or community 20 college. 21 (a) Survey preparation and required data.--Each survey 22 shall be conducted by the board or an agency employed by the 23 board. Surveys shall be reviewed and approved by the board, 24 and a file copy shall be submitted to the Office of 25 Educational Facilities and SMART Schools Clearinghouse within 26 the Office of the Commissioner of Education. The survey report 27 shall include at least an inventory of existing educational 28 and ancillary plants, including safe access facilities; 29 recommendations for existing educational and ancillary plants; 30 recommendations for new educational or ancillary plants, 31 including the general location of each in coordination with 63 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 the land use plan and safe access facilities; campus master 2 plan update and detail for community colleges; the utilization 3 of school plants based on an extended school day or year-round 4 operation; and such other information as may be required by 5 the rules of the Florida State Board of Education. This report 6 may be amended, if conditions warrant, at the request of the 7 board or commissioner. 8 (b) Required need assessment criteria for district, 9 community college, college and state university plant 10 surveys.--Each Educational plant surveys survey completed 11 after December 31, 1997, must use uniform data sources and 12 criteria specified in this paragraph. Each educational plant 13 survey completed after June 30, 1995, and before January 1, 14 1998, must be revised, if necessary, to comply with this 15 paragraph. Each revised educational plant survey and each new 16 educational plant survey supersedes previous surveys. 17 1. The school district's survey must be submitted as a 18 part of the district educational facilities plan defined in s. 19 235.185. Each school district's educational plant survey must 20 reflect the capacity of existing satisfactory facilities as 21 reported in the Florida Inventory of School Houses. 22 Projections of facility space needs may not exceed the norm 23 space and occupant design criteria established by the State 24 Requirements for Educational Facilities. Existing and 25 projected capital outlay full-time equivalent student 26 enrollment must be consistent with data prepared by the 27 department and must include all enrollment used in the 28 calculation of the distribution formula in s. 235.435(3). All 29 satisfactory relocatable classrooms, including those owned, 30 lease-purchased, or leased by the school district, shall be 31 included in the school district inventory of gross capacity of 64 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 facilities and must be counted at actual student capacity for 2 purposes of the inventory. For future needs determination, 3 student capacity shall not be assigned to any relocatable 4 classroom that is scheduled for elimination or replacement 5 with a permanent educational facility in the adopted 5-year 6 educational plant survey and in the district facilities work 7 program adopted under s. 235.185. Those relocatables clearly 8 identified and scheduled for replacement in a school board 9 adopted financially feasible 5-year district facilities work 10 program shall be counted at zero capacity at the time the work 11 program is adopted and approved by the school board. However, 12 if the district facilities work program is changed or altered 13 and the relocatables are not replaced as scheduled in the work 14 program, they must then be reentered into the system for 15 counting at actual capacity. Relocatables may not be 16 perpetually added to the work program and continually extended 17 for purposes of circumventing the intent of this section. All 18 remaining relocatable classrooms, including those owned, 19 lease-purchased, or leased by the school district, shall be 20 counted at actual student capacity. The educational plant 21 survey shall identify the number of relocatable student 22 stations scheduled for replacement during the 5-year survey 23 period and the total dollar amount needed for that 24 replacement. All district educational plant surveys revised 25 after July 1, 1998, shall include information on leased space 26 used for conducting the district's instructional program, in 27 accordance with the recommendations of the department's report 28 authorized in s. 235.056. A definition of satisfactory 29 relocatable classrooms shall be established by rule of the 30 department. 31 2. Each survey of a special facility, joint-use 65 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 facility, or cooperative vocational education facility must be 2 based on capital outlay full-time equivalent student 3 enrollment data prepared by the department for school 4 districts, community colleges, colleges and universities by 5 the Division of Community Colleges for community colleges, and 6 by the Board of Regents for state universities. A survey of 7 space needs of a joint-use facility shall be based upon the 8 respective space needs of the school districts, community 9 colleges, colleges and universities, as appropriate. 10 Projections of a school district's facility space needs may 11 not exceed the norm space and occupant design criteria 12 established by the State Requirements for Educational 13 Facilities. 14 3. Each community college's survey must reflect the 15 capacity of existing facilities as specified in the inventory 16 maintained by the Division of Community Colleges. Projections 17 of facility space needs must comply with standards for 18 determining space needs as specified by rule of the Florida 19 State Board of Education. The 5-year projection of capital 20 outlay student enrollment must be consistent with the annual 21 report of capital outlay full-time student enrollment prepared 22 by the Division of Community Colleges. 23 4. Each college and state university's survey must 24 reflect the capacity of existing facilities as specified in 25 the inventory maintained and validated by the Division of 26 Colleges and Universities Board of Regents. Projections of 27 facility space needs must be consistent with standards for 28 determining space needs approved by the Division of Colleges 29 and Universities Board of Regents. The projected capital 30 outlay full-time equivalent student enrollment must be 31 consistent with the 5-year planned enrollment cycle for the 66 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 State University System approved by the Division of Colleges 2 and Universities Board of Regents. 3 5. The district educational facilities plan 4 educational plant survey of a school district and the 5 educational plant survey of a, community college, or college 6 or state university may include space needs that deviate from 7 approved standards for determining space needs if the 8 deviation is justified by the district or institution and 9 approved by the department or the Board of Regents, as 10 appropriate, as necessary for the delivery of an approved 11 educational program. 12 (c) Review and validation.--The Office of Educational 13 Facilities and SMART Schools Clearinghouse department shall 14 review and validate the surveys of school districts, and 15 community colleges, and colleges and universities, and any 16 amendments thereto for compliance with the requirements of 17 this chapter and, when required by the State Constitution, 18 shall recommend those in compliance for approval by the 19 Florida State Board of Education. 20 (2) Only the superintendent, or the college president, 21 or the university president shall certify to the Office of 22 Educational Facilities and SMART Schools Clearinghouse 23 department a project's compliance with the requirements for 24 expenditure of PECO funds prior to release of funds. 25 (a) Upon request for release of PECO funds for 26 planning purposes, certification must be made to the Office of 27 Educational Facilities and SMART Schools Clearinghouse 28 department that the need for and location of the facility are 29 in compliance with the board-approved survey recommendations, 30 and that the project meets the definition of a PECO project 31 and the limiting criteria for expenditures of PECO funding, 67 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 and that the plan is consistent with the local government 2 comprehensive plan. 3 (b) Upon request for release of construction funds, 4 certification must be made to the Office of Educational 5 Facilities and SMART Schools Clearinghouse department that the 6 need and location of the facility are in compliance with the 7 board-approved survey recommendations, that the project meets 8 the definition of a PECO project and the limiting criteria for 9 expenditures of PECO funding, and that the construction 10 documents meet the requirements of the Florida State Uniform 11 Building Code for Educational Facilities Construction or other 12 applicable codes as authorized in this chapter. 13 Section 16. Subsection (3) of section 235.175, Florida 14 Statutes, is amended to read: 15 235.175 SMART schools; Classrooms First; legislative 16 purpose.-- 17 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK 18 PROGRAMS.--It is the purpose of the Legislature to create s. 19 235.185, requiring each school district annually to adopt an 20 educational facilities plan that provides an integrated 21 long-range facilities plan, including the survey of projected 22 needs and the a district facilities 5-year work program. The 23 purpose of the educational facilities plan district facilities 24 work program is to keep the school board, local governments, 25 and the public fully informed as to whether the district is 26 using sound policies and practices that meet the essential 27 needs of students and that warrant public confidence in 28 district operations. The educational facilities plan district 29 facilities work program will be monitored by the Office of 30 Educational Facilities and SMART Schools Clearinghouse, which 31 will also apply performance standards pursuant to s. 235.218. 68 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 Section 17. Section 235.18, Florida Statutes, is 2 amended to read: 3 235.18 Annual capital outlay budget.--Each board, 4 including the Board of Regents, shall, each year, adopt a 5 capital outlay budget for the ensuing year in order that the 6 capital outlay needs of the board for the entire year may be 7 well understood by the public. This capital outlay budget 8 shall be a part of the annual budget and shall be based upon 9 and in harmony with the board's capital outlay plan 10 educational plant and ancillary facilities plan. This budget 11 shall designate the proposed capital outlay expenditures by 12 project for the year from all fund sources. The board may not 13 expend any funds on any project not included in the budget, as 14 amended. Each district school board must prepare its tentative 15 district education facilities plan facilities work program as 16 required by s. 235.185 before adopting the capital outlay 17 budget. 18 Section 18. Section 235.185, Florida Statutes, is 19 amended to read: 20 235.185 School district educational facilities plan 21 work program; definitions; preparation, adoption, and 22 amendment; long-term work programs.-- 23 (1) DEFINITIONS.--As used in this section, the term: 24 (a) "Adopted educational facilities plan" means the 25 comprehensive planning document that is adopted annually by 26 the district school board as provided in subsection (2) and 27 that contains the educational plant survey. 28 (a) "Adopted district facilities work program" means 29 the 5-year work program adopted by the district school board 30 as provided in subsection (3). 31 (b) "Tentative District facilities work program" means 69 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 the 5-year listing of capital outlay projects adopted by the 2 district school board as provided in subparagraph (2)(a)2. and 3 paragraph (2)(b) as part of the district educational 4 facilities plan, which is required in order to: 5 1. To Properly maintain the educational plant and 6 ancillary facilities of the district. 7 2. To Provide an adequate number of satisfactory 8 student stations for the projected student enrollment of the 9 district in K-12 programs in accordance with the goal in s. 10 235.062. 11 (c) "Tentative educational facilities plan" means the 12 comprehensive planning document prepared annually by the 13 district school board and submitted to the Office of 14 Educational Facilities and SMART Schools Clearinghouse and the 15 affected general-purpose local governments. 16 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 17 FACILITIES PLAN WORK PROGRAM.-- 18 (a) Annually, prior to the adoption of the district 19 school budget, each school board shall prepare a tentative 20 district educational facilities plan that includes long-range 21 planning for facilities needs over 5-year, 10-year, and 22 20-year periods. The plan must be developed in coordination 23 with the general-purpose local governments and be consistent 24 with the local government comprehensive plans. The school 25 board's plan for provision of new schools must meet the needs 26 of all growing communities in the district, ranging from small 27 rural communities to large urban cities. The plan must include 28 work program that includes: 29 1. Projected student populations apportioned 30 geographically at the local level. The projections must be 31 based on information produced by the demographic, revenue, and 70 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 education estimating conferences pursuant to s. 216.136, where 2 available, as modified by the district based on development 3 data and agreement with the local governments and the Office 4 of Educational Facilities and SMART Schools Clearinghouse. The 5 projections must be apportioned geographically with assistance 6 from the local governments using local development trend data 7 and the school district student enrollment data. 8 2. An inventory of existing school facilities. Any 9 anticipated expansions or closures of existing school sites 10 over the 5-year, 10-year, and 20-year periods must be 11 identified. The inventory must include an assessment of areas 12 proximate to existing schools and identification of the need 13 for improvements to infrastructure, safety, including safe 14 access routes, and conditions in the community. The plan must 15 also provide a listing of major repairs and renovation 16 projects anticipated over the period of the plan. 17 3. Projections of facilities space needs, which may 18 not exceed the norm space and occupant design criteria 19 established in the State Requirements for Educational 20 Facilities. 21 4. Information on leased, loaned, and donated space 22 and relocatables used for conducting the district's 23 instructional programs. 24 5. The general location of public schools proposed to 25 be constructed over the 5-year, 10-year, and 20-year time 26 periods, including a listing of the proposed schools' site 27 acreage needs and anticipated capacity and maps showing the 28 general locations. The school board's identification of 29 general locations of future school sites must be based on the 30 school siting requirements of s. 163.3177(6)(a) and policies 31 in the comprehensive plan which provide guidance for 71 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 appropriate locations for school sites. 2 6. The identification of options deemed reasonable and 3 approved by the school board which reduce the need for 4 additional permanent student stations. Such options may 5 include, but need not be limited to: 6 a. Acceptable capacity; 7 b. Redistricting; 8 c. Busing; 9 d. Year-round schools; 10 e. Charter schools; 11 f. Magnet schools; and 12 g. Public-private partnerships. 13 7. The criteria and method, jointly determined by the 14 local government and the school board, for determining the 15 impact of proposed development to public school capacity. 16 (b) The plan must also include a financially feasible 17 district facilities work program for a 5-year period. The work 18 program must include: 19 1. A schedule of major repair and renovation projects 20 necessary to maintain the educational facilities plant and 21 ancillary facilities of the district. 22 2. A schedule of capital outlay projects necessary to 23 ensure the availability of satisfactory student stations for 24 the projected student enrollment in K-12 programs. This 25 schedule shall consider: 26 a. The locations, capacities, and planned utilization 27 rates of current educational facilities of the district. The 28 capacity of existing satisfactory facilities, as reported in 29 the Florida Inventory of School Houses must be compared to the 30 capital outlay full-time-equivalent student enrollment as 31 determined by the department, including all enrollment used in 72 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 the calculation of the distribution formula in s. 235.435(3). 2 b. The proposed locations of planned facilities, 3 whether those locations are consistent with the comprehensive 4 plans of all affected local governments, and recommendations 5 for infrastructure and other improvements to land adjacent to 6 existing facilities. The provisions of ss. 235.19 and 7 235.193(12), (13), and (14) must be addressed for new 8 facilities planned within the first 3 years of the work plan, 9 as appropriate. 10 c. Plans for the use and location of relocatable 11 facilities, leased facilities, and charter school facilities. 12 d. Plans for multitrack scheduling, grade level 13 organization, block scheduling, or other alternatives that 14 reduce the need for additional permanent student stations. 15 e. Information concerning average class size and 16 utilization rate by grade level within the district which that 17 will result if the tentative district facilities work program 18 is fully implemented. The average shall not include 19 exceptional student education classes or prekindergarten 20 classes. 21 f. The number and percentage of district students 22 planned to be educated in relocatable facilities during each 23 year of the tentative district facilities work program. For 24 determining future needs, student capacity may not be assigned 25 to any relocatable classroom that is scheduled for elimination 26 or replacement with a permanent educational facility in the 27 current year of the adopted district educational facilities 28 plan and in the district facilities work program adopted under 29 this section. Those relocatable classrooms clearly identified 30 and scheduled for replacement in a school-board-adopted, 31 financially feasible, 5-year district facilities work program 73 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 shall be counted at zero capacity at the time the work program 2 is adopted and approved by the school board. However, if the 3 district facilities work program is changed and the 4 relocatable classrooms are not replaced as scheduled in the 5 work program, the classrooms must be reentered into the system 6 and be counted at actual capacity. Relocatable classrooms may 7 not be perpetually added to the work program or continually 8 extended for purposes of circumventing this section. All 9 relocatable classrooms not identified and scheduled for 10 replacement, including those owned, lease-purchased, or leased 11 by the school district, must be counted at actual student 12 capacity. The district educational facilities plan must 13 identify the number of relocatable student stations scheduled 14 for replacement during the 5-year survey period and the total 15 dollar amount needed for that replacement. 16 g. Plans for the closure of any school, including 17 plans for disposition of the facility or usage of facility 18 space, and anticipated revenues. 19 h. Projects for which capital outlay and debt service 20 funds accruing under s. 9(d), Art. XII of the State 21 Constitution are to be used shall be identified separately in 22 priority order on a project priority list within the district 23 facilities work program. 24 3. The projected cost for each project identified in 25 the tentative district facilities work program. For proposed 26 projects for new student stations, a schedule shall be 27 prepared comparing the planned cost and square footage for 28 each new student station, by elementary, middle, and high 29 school levels, to the low, average, and high cost of 30 facilities constructed throughout the state during the most 31 recent fiscal year for which data is available from the 74 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 Department of Education. 2 4. A schedule of estimated capital outlay revenues 3 from each currently approved source which is estimated to be 4 available for expenditure on the projects included in the 5 tentative district facilities work program. 6 5. A schedule indicating which projects included in 7 the tentative district facilities work program will be funded 8 from current revenues projected in subparagraph 4. 9 6. A schedule of options for the generation of 10 additional revenues by the district for expenditure on 11 projects identified in the tentative district facilities work 12 program which are not funded under subparagraph 5. Additional 13 anticipated revenues may include effort index grants, SIT 14 Program awards, and Classrooms First funds. 15 (c)(b) To the extent available, the tentative district 16 educational facilities plan work program shall be based on 17 information produced by the demographic, revenue, and 18 education estimating conferences pursuant to s. 216.136. 19 (d)(c) Provision shall be made for public comment 20 concerning the tentative district educational facilities plan 21 work program. 22 (e) The district school board shall coordinate with 23 each affected local government to ensure consistency between 24 the tentative district educational facilities plan and the 25 local government comprehensive plans of the affected local 26 governments during the development of the tentative district 27 educational facilities plan. 28 (f) Commencing on October 1, 2002, and not less than 29 once every 5 years thereafter, the district school board shall 30 contract with a qualified, independent third party to conduct 31 a financial management and performance audit of the 75 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 educational planning and construction activities of the 2 district. An audit conducted by the Office of Program Policy 3 Analysis and Government Accountability and the Auditor General 4 pursuant to s. 230.23025 satisfies this requirement. 5 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL 6 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school 7 board shall submit a copy of its tentative district 8 educational facilities plan to all affected local governments 9 prior to adoption by the board. The affected local governments 10 shall review the tentative district educational facilities 11 plan and comment to the district school board on the 12 consistency of the plan with the local comprehensive plan, 13 whether a comprehensive plan amendment will be necessary for 14 any proposed educational facility, and whether the local 15 government supports a necessary comprehensive plan amendment. 16 If the local government does not support a comprehensive plan 17 amendment for a proposed educational facility, the matter 18 shall be resolved pursuant to the interlocal agreement when 19 required by ss. 163.3177(6)(h), 163.31777, and 235.193(2). The 20 process for the submittal and review shall be detailed in the 21 interlocal agreement when required pursuant to ss. 22 163.3177(6)(h), 163.31777, and 235.193(2). 23 (4)(3) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN 24 WORK PROGRAM.--Annually, the district school board shall 25 consider and adopt the tentative district educational 26 facilities plan work program completed pursuant to subsection 27 (2). Upon giving proper public notice to the public and local 28 governments and opportunity for public comment, the district 29 school board may amend the plan program to revise the priority 30 of projects, to add or delete projects, to reflect the impact 31 of change orders, or to reflect the approval of new revenue 76 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 sources which may become available. The adopted district 2 educational facilities plan work program shall: 3 (a) Be a complete, balanced, and financially feasible 4 capital outlay financial plan for the district. 5 (b) Set forth the proposed commitments and planned 6 expenditures of the district to address the educational 7 facilities needs of its students and to adequately provide for 8 the maintenance of the educational plant and ancillary 9 facilities, including safe access ways from neighborhoods to 10 schools. 11 (5)(4) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL 12 FACILITIES PLAN WORK PROGRAM.--The first year of the adopted 13 district educational facilities plan work program shall 14 constitute the capital outlay budget required in s. 235.18. 15 The adopted district educational facilities plan work program 16 shall include the information required in subparagraphs 17 (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects 18 actually funded in the plan program. 19 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to 20 the adopted district facilities work program covering the 21 5-year work program, the district school board shall adopt 22 annually a 10-year and a 20-year work program which include 23 the information set forth in subsection (2), but based upon 24 enrollment projections and facility needs for the 10-year and 25 20-year periods. It is recognized that the projections in the 26 10-year and 20-year timeframes are tentative and should be 27 used only for general planning purposes. 28 Section 19. Section 235.1851, Florida Statutes, is 29 created to read: 30 235.1851 Educational facilities benefit districts.-- 31 (1) It is the intent of the Legislature to encourage 77 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 and authorize public cooperation among district school boards, 2 affected local general purpose governments, and benefited 3 private interests in order to implement financing for timely 4 construction and maintenance of school facilities, including 5 facilities identified in individual district facilities work 6 programs or proposed by charter schools. It is the further 7 intent of the Legislature to provide efficient alternative 8 mechanisms and incentives to allow for sharing costs of 9 educational facilities necessary to accommodate new growth and 10 development among public agencies, including district school 11 boards, affected local general purpose governments, and 12 benefited private development interests. 13 (2) The Legislature hereby authorizes the creation of 14 educational facilities benefit districts pursuant to 15 interlocal cooperation agreements between a district school 16 board and all local general purpose governments within whose 17 jurisdiction a district is located. The purpose of 18 educational facilities benefit districts is to assist in 19 financing the construction and maintenance of educational 20 facilities. 21 (3)(a) An educational facilities benefit district may 22 be created pursuant to this act and chapters 125, 163, 166, 23 and 189. An educational facilities benefit district charter 24 may be created by a county or municipality by entering into an 25 interlocal agreement, as authorized by s. 163.01, with the 26 district school board and any local general purpose government 27 within whose jurisdiction a portion of the district is located 28 and adoption of an ordinance that includes all provisions 29 contained within s. 189.4041. The creating entity shall be 30 the local general purpose government within whose boundaries a 31 majority of the educational facilities benefit district's 78 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 lands are located. 2 (b) Creation of any educational facilities benefit 3 district shall be conditioned upon the consent of the district 4 school board, all local general purpose governments within 5 whose jurisdiction any portion of the educational facilities 6 benefit district is located, and all landowners within the 7 district. The membership of the governing board of any 8 educational facilities benefit district shall include 9 representation of the district school board, each cooperating 10 local general purpose government, and the landowners within 11 the district. In the case of an educational facilities 12 benefit district's decision to create a charter school, the 13 board of directors of the charter school may constitute the 14 members of the governing board for the educational facilities 15 benefit district. 16 (4) The educational facilities benefit district shall 17 have, and its governing board may exercise, the following 18 powers: 19 (a) To finance and construct educational facilities 20 within the district's boundaries. 21 (b) To sue and be sued in the name of the district; to 22 adopt and use a seal and authorize the use of a facsimile 23 thereof; to acquire, by purchase, gift, devise, or otherwise, 24 and to dispose of real and personal property or any estate 25 therein; and to make and execute contracts and other 26 instruments necessary or convenient to the exercise of its 27 powers. 28 (c) To contract for the services of consultants to 29 perform planning, engineering, legal, or other appropriate 30 services of a professional nature. Such contracts shall be 31 subject to the public bidding or competitive negotiations 79 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 required of local general purpose governments. 2 (d) To borrow money and accept gifts; to apply for 3 unused grants or loans of money or other property from the 4 United States, the state, a unit of local government, or any 5 person for any district purposes and enter into agreements 6 required in connection therewith; and to hold, use, and 7 dispose of such moneys or property for any district purposes 8 in accordance with the terms of the gift, grant, loan, or 9 agreement relating thereto. 10 (e) To adopt resolutions and polices prescribing the 11 powers, duties, and functions of the officers of the district, 12 the conduct of the business of the district, and the 13 maintenance of records and documents of the district. 14 (f) To maintain an office at such place or places as 15 it may designate within the district or within the boundaries 16 of the local general purpose government that created the 17 district. 18 (g) To lease as lessor or lessee to or from any 19 person, firm, corporation, association, or body, public or 20 private, any projects of the type that the district is 21 authorized to undertake and facilities or property of any 22 nature for use of the district to carry out any of the 23 purposes authorized by this act. 24 (h) To borrow money and issue bonds, certificates, 25 warrants, notes, or other evidence of indebtedness pursuant to 26 this act for periods not longer than 30 years, provided such 27 bonds, certificates, warrants, notes, or other indebtedness 28 shall only be guaranteed by non-ad valorem assessments legally 29 imposed by the district and other available sources of funds 30 provided in this act and shall not pledge the full faith and 31 credit of any local general purpose government or the district 80 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 school board. 2 (i) To cooperate with or contract with other 3 governmental agencies as may be necessary, convenient, 4 incidental, or proper in connection with any of the powers, 5 duties, or purposes authorized by this act and to accept 6 funding from local and state agencies as provided in this act. 7 (j) To levy, impose, collect, and enforce non-ad 8 valorem assessments, as defined by s. 197.3632(1)(d), pursuant 9 to this act, chapters 125 and 166, and ss. 197.3631, 197.3632, 10 and 197.3635. 11 (k) To exercise all powers necessary, convenient, 12 incidental, or proper in connection with any of the powers, 13 duties, or purposes authorized by this act. 14 (5) As an alternative to the creation of an 15 educational facilities benefit district, the Legislature 16 hereby recognizes and encourages the consideration of 17 community development district creation pursuant to chapter 18 190 as a viable alternative for financing the construction and 19 maintenance of educational facilities as described in this 20 act. Community development districts are granted the authority 21 to determine, order, levy, impose, collect, and enforce non-ad 22 valorem assessments for such purposes pursuant to this act and 23 chapters 170, 190, and 197. This authority is in addition to 24 any authority granted community development districts under 25 chapter 190. Community development districts are therefore 26 deemed eligible for the financial enhancements available to 27 educational facilities benefit districts providing for 28 financing the construction and maintenance of educational 29 facilities pursuant to s. 235.1852. In order to receive such 30 financial enhancements, a community development district must 31 enter into an interlocal agreement with the district school 81 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 board and affected local general purpose governments that 2 specifies the obligations of all parties to the agreement. 3 Nothing in this act or in any interlocal agreement entered 4 into pursuant to this act requires any change in the method of 5 election of a board of supervisors of a community development 6 district provided in chapter 190. 7 Section 20. Section 235.1852, Florida Statutes, is 8 created to read: 9 235.1852 Local funding for educational facilities 10 benefit districts or community development districts.--Upon 11 confirmation by a district school board of the commitment of 12 revenues by an educational facilities benefit district or 13 community development district necessary to construct and 14 maintain an educational facility contained within an 15 individual district facilities work program or proposed by an 16 approved charter school or a charter school applicant, the 17 following funds shall be provided to the educational 18 facilities benefit district or community development district 19 annually, beginning with the next fiscal year after 20 confirmation until the district's financial obligations are 21 completed: 22 (1) All educational facilities impact fee revenue 23 collected for new development within the educational 24 facilities benefit district or community development district. 25 Funds provided under this subsection shall be used to fund the 26 construction and capital maintenance costs of educational 27 facilities. 28 (2) For construction and capital maintenance costs not 29 covered by the funds provided under subsection (1), an annual 30 amount contributed by the district school board equal to 31 one-half of the remaining costs of construction and capital 82 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 maintenance of the educational facility. Any construction 2 costs above the cost-per-student criteria established for the 3 SIT Program in s. 235.216(2) shall be funded exclusively by 4 the educational facilities benefit district or the community 5 development district. Funds contributed by a district school 6 board shall not be used to fund operational costs. 7 8 Educational facilities funded pursuant to this act may be 9 constructed on land that is owned by any person after the 10 district school board has acquired from the owner of the land 11 a long-term lease for the use of this land for a period of not 12 less than 40 years or the life expectancy of the permanent 13 facilities constructed thereon, whichever is longer. All 14 interlocal agreements entered into pursuant to this act shall 15 provide for ownership of educational facilities funded 16 pursuant to this act to revert to the district school board if 17 such facilities cease to be used for public educational 18 purposes prior to 40 years after construction or prior to the 19 end of the life expectancy of the educational facilities, 20 whichever is longer. 21 Section 21. Section 235.1853, Florida Statutes, is 22 created to read: 23 235.1853 Educational facilities benefit district or 24 community development district facility utilization.--The 25 student population of all facilities funded pursuant to this 26 act shall, to the greatest extent possible, reflect the 27 racial, ethnic, and socioeconomic balance of the school 28 district pursuant to state and federal law. However, to the 29 extent allowable pursuant to state and federal law, the 30 interlocal agreement providing for the establishment of the 31 educational facilities benefit district or the interlocal 83 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 agreement between the community development district and the 2 district school board and affected local general purpose 3 governments may provide for the district school board to 4 establish school attendance zones that allow students residing 5 within a reasonable distance of facilities financed through 6 the interlocal agreement to attend such facilities. 7 Section 22. Section 235.188, Florida Statutes, is 8 amended to read: 9 235.188 Full bonding required to participate in 10 programs.--Any district with unused bonding capacity in its 11 Capital Outlay and Debt Service Trust Fund allocation that 12 certifies in its district educational facilities plan work 13 program that it will not be able to meet all of its need for 14 new student stations within existing revenues must fully bond 15 its Capital Outlay and Debt Service Trust Fund allocation 16 before it may participate in Classrooms First, the School 17 Infrastructure Thrift (SIT) Program, or the Effort Index 18 Grants Program. 19 Section 23. Section 235.19, Florida Statutes, is 20 amended to read: 21 235.19 Site planning and selection.-- 22 (1) Before acquiring property for sites, each board 23 shall determine the location of proposed educational centers 24 or campuses for the board. In making this determination, the 25 board shall consider existing and anticipated site needs and 26 the most economical and practicable locations of sites. The 27 board shall coordinate with the long-range or comprehensive 28 plans of local, regional, and state governmental agencies to 29 assure the consistency compatibility of such plans with site 30 planning. Boards are encouraged to locate district educational 31 facilities schools proximate to urban residential areas to the 84 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 extent possible, and shall seek to collocate district 2 educational facilities schools with other public facilities, 3 such as parks, libraries, and community centers, to the extent 4 possible, and to encourage using elementary schools as focal 5 points for neighborhoods. 6 (2) Each new site selected must be adequate in size to 7 meet the educational needs of the students to be served on 8 that site by the original educational facility or future 9 expansions of the facility through renovation or the addition 10 of relocatables. The Commissioner of Education shall prescribe 11 by rule recommended sizes for new sites according to 12 categories of students to be housed and other appropriate 13 factors determined by the commissioner. Less-than-recommended 14 site sizes are allowed if the board, by a two-thirds majority, 15 recommends such a site and finds that it can provide an 16 appropriate and equitable educational program on the site. 17 (3) Sites recommended for purchase, or purchased, in 18 accordance with chapter 230 or chapter 240 must meet standards 19 prescribed therein and such supplementary standards as the 20 commissioner prescribes to promote the educational interests 21 of the students. Each site must be well drained and suitable 22 for outdoor educational purposes as appropriate for the 23 educational program or collocated with facilities to serve 24 this purpose. As provided in s. 333.03, the site must not be 25 located within any path of flight approach of any airport. 26 Insofar as is practicable, the site must not adjoin a 27 right-of-way of any railroad or through highway and must not 28 be adjacent to any factory or other property from which noise, 29 odors, or other disturbances, or at which conditions, would be 30 likely to interfere with the educational program. To the 31 extent practicable, sites must be chosen which will provide 85 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 safe access from neighborhoods to schools. 2 (4) It shall be the responsibility of the board to 3 provide adequate notice to appropriate municipal, county, 4 regional, and state governmental agencies for requested 5 traffic control and safety devices so they can be installed 6 and operating prior to the first day of classes or to satisfy 7 itself that every reasonable effort has been made in 8 sufficient time to secure the installation and operation of 9 such necessary devices prior to the first day of classes. It 10 shall also be the responsibility of the board to review 11 annually traffic control and safety device needs and to 12 request all necessary changes indicated by such review. 13 (5) Each board may request county and municipal 14 governments to construct and maintain sidewalks and bicycle 15 trails within a 2-mile radius of each educational facility 16 within the jurisdiction of the local government. When a board 17 discovers or is aware of an existing hazard on or near a 18 public sidewalk, street, or highway within a 2-mile radius of 19 a school site and the hazard endangers the life or threatens 20 the health or safety of students who walk, ride bicycles, or 21 are transported regularly between their homes and the school 22 in which they are enrolled, the board shall, within 24 hours 23 after discovering or becoming aware of the hazard, excluding 24 Saturdays, Sundays, and legal holidays, report such hazard to 25 the governmental entity within the jurisdiction of which the 26 hazard is located. Within 5 days after receiving notification 27 by the board, excluding Saturdays, Sundays, and legal 28 holidays, the governmental entity shall investigate the 29 hazardous condition and either correct it or provide such 30 precautions as are practicable to safeguard students until the 31 hazard can be permanently corrected. However, if the 86 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 governmental entity that has jurisdiction determines upon 2 investigation that it is impracticable to correct the hazard, 3 or if the entity determines that the reported condition does 4 not endanger the life or threaten the health or safety of 5 students, the entity shall, within 5 days after notification 6 by the board, excluding Saturdays, Sundays, and legal 7 holidays, inform the board in writing of its reasons for not 8 correcting the condition. The governmental entity, to the 9 extent allowed by law, shall indemnify the board from any 10 liability with respect to accidents or injuries, if any, 11 arising out of the hazardous condition. 12 (6) If the school board and local government have 13 entered into an interlocal agreement pursuant to s. 235.193(2) 14 and either s. 163.3177(6)(h)4. or s. 163.31777 or have 15 developed a process to ensure consistency between the local 16 government comprehensive plan and the school district 17 educational facilities plan, site planning and selection must 18 be consistent with the interlocal agreements and the plans. 19 Section 24. Section 235.193, Florida Statutes, is 20 amended to read: 21 235.193 Coordination of planning with local governing 22 bodies.-- 23 (1) It is the policy of this state to require the 24 coordination of planning between boards and local governing 25 bodies to ensure that plans for the construction and opening 26 of public educational facilities are facilitated and 27 coordinated in time and place with plans for residential 28 development, concurrently with other necessary services. Such 29 planning shall include the integration of the educational 30 facilities plan plant survey and applicable policies and 31 procedures of a board with the local comprehensive plan and 87 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 land development regulations of local governments governing 2 bodies. The planning must include the consideration of 3 allowing students to attend the school located nearest their 4 homes when a new housing development is constructed near a 5 county boundary and it is more feasible to transport the 6 students a short distance to an existing facility in an 7 adjacent county than to construct a new facility or transport 8 students longer distances in their county of residence. The 9 planning must also consider the effects of the location of 10 public education facilities, including the feasibility of 11 keeping central city facilities viable, in order to encourage 12 central city redevelopment and the efficient use of 13 infrastructure and to discourage uncontrolled urban sprawl. In 14 addition, all parties to the planning process must consult 15 with state and local road departments to assist in 16 implementing the Safe Paths to Schools program administered by 17 the Department of Transportation. 18 (2)(a) The school board, county, and nonexempt 19 municipalities located within the geographic area of a school 20 district shall enter into an interlocal agreement that jointly 21 establishes the specific ways in which the plans and processes 22 of the district school board and the local governments are to 23 be coordinated. The interlocal agreements shall be submitted 24 to the state land planning agency and the Office of 25 Educational Facilities and the SMART Schools Clearinghouse in 26 accordance with a schedule published by the state land 27 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 district school board, 31 commencing on March 1, 2003, and concluding by December 1, 88 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 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 rate is 1,000 or greater, or 11 where the projected 5-year student growth rate is 10 percent 12 or 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 district school board 17 may petition the state land planning agency for a waiver of 18 one or more of the requirements of subsection (3). The waiver 19 must be granted if the procedures called for in subsection (3) 20 are unnecessary because of the school district's declining 21 school age population, considering the district's 5-year work 22 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 subsections (2)-(9) must be 89 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 updated and executed pursuant to the requirements of 2 subsections (2)-(9), if necessary. Amendments to interlocal 3 agreements adopted pursuant to subsections (2)-(9) 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 11 subsections (2)-(9) and shall notify local governments and, 12 jointly with the Department of Education, the district school 13 boards of the requirements of subsections (2)-(9), the dates 14 for compliance, and the sanctions for noncompliance. The state 15 land planning agency shall be available to informally review 16 proposed interlocal agreements. If the state land planning 17 agency has not received a proposed interlocal agreement for 18 informal review, the state land planning agency shall, at 19 least 60 days before the deadline for submission of the 20 executed agreement, renotify the local government and the 21 district school board of the upcoming deadline and the 22 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 jurisdiction-wide growth forecasts is a major 30 objective of the process. 31 (b) A process to coordinate and share information 90 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 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 on-site and off-site 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. 91 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 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 into 15 pursuant to this section must be consistent with the adopted 16 comprehensive plan and land development regulations of any 17 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 it is consistent with the requirements of subsection (3), the 25 adopted local government comprehensive plan, and other 26 requirements of law. Within 60 days after receipt of an 27 executed interlocal agreement, the state land planning agency 28 shall publish a notice of intent in the Florida Administrative 29 Weekly and shall post a copy of the notice on the agency's 30 Internet site. The notice of intent must state that the 31 interlocal agreement is consistent or inconsistent with the 92 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 requirements of subsection (3) and this subsection as 2 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 this 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 93 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 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 ss. 235.187, 235.216, 235.2195, and 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 ss. 235.187, 235.216, 23 235.2195, and 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)-(8) if the element is adopted prior to or within 1 year 30 after the effective date of subsections (2)-(8) and remains in 31 effect. 94 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (7) Except as provided in subsection (8), 2 municipalities having no established need for a new facility 3 and meeting the following criteria are exempt from the 4 requirements of subsections (2), (3) and (4): 5 (a) The municipality has no public schools located 6 within its boundaries. 7 (b) The district school board's 5-year facilities work 8 program and the long-term 10-year and 20-year work programs, 9 as provided in s. 235.185, demonstrate that no new school 10 facility is needed in the municipality. In addition, the 11 district school board must verify in writing that no new 12 school facility will be needed in the municipality within the 13 5-year and 10-year timeframes. 14 (8) At the time of the evaluation and appraisal 15 report, each exempt municipality shall assess the extent to 16 which it continues to meet the criteria for exemption under 17 subsection (7). If the municipality continues to meet these 18 criteria and the district school board verifies in writing 19 that no new school facilities will be needed within the 5-year 20 and 10-year timeframes, the municipality shall continue to be 21 exempt from the interlocal-agreement requirement. Each 22 municipality exempt under subsection (7) must comply with the 23 provisions of subsections (2)-(8) within 1 year after the 24 district school board proposes, in its 5-year district 25 facilities work program, a new school within the 26 municipality's jurisdiction. 27 (9)(2) A school board and the local governing body 28 must share and coordinate information related to existing and 29 planned public school facilities; proposals for development, 30 redevelopment, or additional development; and infrastructure 31 required to support the public school facilities, concurrent 95 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 with proposed development. A school board shall use 2 information produced by the demographic, revenue, and 3 education estimating conferences pursuant to s. 216.136 4 Department of Education enrollment projections when preparing 5 the 5-year district educational facilities plan work program 6 pursuant to s. 235.185, as modified and agreed to by the local 7 governments, when provided by interlocal agreement, and the 8 Office of Educational Facilities and SMART Schools 9 Clearinghouse, in and a school board shall affirmatively 10 demonstrate in the educational facilities report consideration 11 of local governments' population projections, to ensure that 12 the district educational facilities plan 5-year work program 13 not only reflects enrollment projections but also considers 14 applicable municipal and county growth and development 15 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 plan 21 report for the prior year required pursuant to s. 235.185 s. 22 235.194 unless the 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. 96 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 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 pursuant to subsections (2)-(8) at least 60 6 days prior to acquiring or leasing property that may be used 7 for a new public educational facility. The local government, 8 upon receipt of this notice, shall notify the board within 45 9 days if the site proposed for acquisition or lease is 10 consistent with the land use categories and policies of the 11 local government's comprehensive plan. This preliminary 12 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 pursuant to 16 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 97 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 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 98 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 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 upon. 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 upon, pursuant to an interlocal agreement 21 adopted in accordance with subsections (2)-(8). 22 Section 25. Section 235.194, Florida Statutes, is 23 repealed. 24 Section 26. Section 235.218, Florida Statutes, is 25 amended to read: 26 235.218 School district educational facilities plan 27 work program performance and productivity standards; 28 development; measurement; application.-- 29 (1) The Office of Educational Facilities and SMART 30 Schools Clearinghouse shall develop and adopt measures for 31 evaluating the performance and productivity of school district 99 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 educational facilities plans work programs. The measures may 2 be both quantitative and qualitative and must, to the maximum 3 extent practical, assess those factors that are within the 4 districts' control. The measures must, at a minimum, assess 5 performance in the following areas: 6 (a) Frugal production of high-quality projects. 7 (b) Efficient finance and administration. 8 (c) Optimal school and classroom size and utilization 9 rate. 10 (d) Safety. 11 (e) Core facility space needs and cost-effective 12 capacity improvements that consider demographic projections. 13 (f) Level of district local effort. 14 (2) The office clearinghouse shall establish annual 15 performance objectives and standards that can be used to 16 evaluate district performance and productivity. 17 (3) The office clearinghouse shall conduct ongoing 18 evaluations of district educational facilities program 19 performance and productivity, using the measures adopted under 20 this section. If, using these measures, the office 21 clearinghouse finds that a district failed to perform 22 satisfactorily, the office clearinghouse must recommend to the 23 district school board actions to be taken to improve the 24 district's performance. 25 Section 27. Paragraph (c) of subsection (2) of section 26 235.2197, Florida Statutes, is amended to read: 27 235.2197 Florida Frugal Schools Program.-- 28 (2) The "Florida Frugal Schools Program" is created to 29 recognize publicly each district school board that agrees to 30 build frugal yet functional educational facilities and that 31 implements "best financial management practices" when 100 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 planning, constructing, and operating educational facilities. 2 The Florida State Board of Education shall recognize a 3 district school board as having a Florida Frugal Schools 4 Program if the district requests recognition and satisfies two 5 or more of the following criteria: 6 (c) The district school board submits a plan to the 7 Commissioner of Education certifying how the revenues 8 generated by the levy of the capital outlay sales surtax 9 authorized by s. 212.055(6) will be spent. The plan must 10 include at least the following assurances about the use of the 11 proceeds of the surtax and any accrued interest: 12 1. The district school board will use the surtax and 13 accrued interest only for the fixed capital outlay purposes 14 identified by s. 212.055(6)(d) which will reduce school 15 overcrowding that has been validated by the Department of 16 Education, or for the repayment of bonded indebtedness related 17 to such capital outlay purposes. 18 2. The district school board will not spend the surtax 19 or accrued interest to pay for operational expenses or for the 20 construction, renovation, or remodeling of any administrative 21 building or any other ancillary facility that is not directly 22 related to the instruction, feeding, or transportation of 23 students enrolled in the public schools. 24 3. The district school board's use of the surtax and 25 accrued interest will be consistent with the best financial 26 management practices identified and approved under s. 27 230.23025. 28 4. The district school board will apply the 29 educational facilities contracting and construction techniques 30 authorized by s. 235.211 or other construction management 31 techniques to reduce the cost of educational facilities. 101 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 5. The district school board will discontinue the 2 surtax levy when the district has provided the 3 survey-recommended educational facilities that were determined 4 to be necessary to relieve school overcrowding; when the 5 district has satisfied any bonded indebtedness incurred for 6 such educational facilities; or when the district's other 7 sources of capital outlay funds are sufficient to provide such 8 educational facilities, whichever occurs first. 9 6. The district school board will use any excess 10 surtax collections or accrued interest to reduce the 11 discretionary outlay millage levied under s. 236.25(2). 12 Section 28. Section 235.321, Florida Statutes, is 13 amended to read: 14 235.321 Changes in construction requirements after 15 award of contract.--The board may, at its option and by 16 written policy duly adopted and entered in its official 17 minutes, authorize the superintendent or president or other 18 designated individual to approve change orders in the name of 19 the board for preestablished amounts. Approvals shall be for 20 the purpose of expediting the work in progress and shall be 21 reported to the board and entered in its official minutes. For 22 accountability, the school district shall monitor and report 23 the impact of change orders on its district educational 24 facilities plan work program pursuant to s. 235.185. 25 Section 29. Paragraph (d) of subsection (5) of section 26 236.25, Florida Statutes, is amended to read: 27 236.25 District school tax.-- 28 (5) 29 (d) Notwithstanding any other provision of this 30 subsection, if through its adopted educational facilities plan 31 work program a district has clearly identified the need for an 102 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 ancillary plant, has provided opportunity for public input as 2 to the relative value of the ancillary plant versus an 3 educational plant, and has obtained public approval, the 4 district may use revenue generated by the millage levy 5 authorized by subsection (2) for the acquisition, 6 construction, renovation, remodeling, maintenance, or repair 7 of an ancillary plant. 8 9 A district that violates these expenditure restrictions shall 10 have an equal dollar reduction in funds appropriated to the 11 district under s. 236.081 in the fiscal year following the 12 audit citation. The expenditure restrictions do not apply to 13 any school district that certifies to the Commissioner of 14 Education that all of the district's instructional space needs 15 for the next 5 years can be met from capital outlay sources 16 that the district reasonably expects to receive during the 17 next 5 years or from alternative scheduling or construction, 18 leasing, rezoning, or technological methodologies that exhibit 19 sound management. 20 Section 30. Subsection (3) of section 380.04, Florida 21 Statutes, is amended to read: 22 380.04 Definition of development.-- 23 (3) The following operations or uses shall not be 24 taken for the purpose of this chapter to involve "development" 25 as defined in this section: 26 (a) Work by a highway or road agency or railroad 27 company for the maintenance or improvement of a road or 28 railroad track, if the work is carried out on land within the 29 boundaries of the right-of-way. 30 (b) Work by any utility and other persons engaged in 31 the distribution or transmission of electricity, gas, or 103 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 water, for the purpose of inspecting, repairing, renewing, or 2 constructing on established rights-of-way any sewers, mains, 3 pipes, cables, utility tunnels, power lines, towers, poles, 4 tracks, or the like. 5 (c) Work for the maintenance, renewal, improvement, or 6 alteration of any structure, if the work affects only the 7 interior or the color of the structure or the decoration of 8 the exterior of the structure. 9 (d) The use of any structure or land devoted to 10 dwelling uses for any purpose customarily incidental to 11 enjoyment of the dwelling. 12 (e) The use of any land for the purpose of growing 13 plants, crops, trees, and other agricultural or forestry 14 products; raising livestock; or for other agricultural 15 purposes. 16 (f) A change in use of land or structure from a use 17 within a class specified in an ordinance or rule to another 18 use in the same class. 19 (g) A change in the ownership or form of ownership of 20 any parcel or structure. 21 (h) The creation or termination of rights of access, 22 riparian rights, easements, covenants concerning development 23 of land, or other rights in land. 24 Section 31. Paragraph (d) of subsection (2), paragraph 25 (b) of subsection (4), paragraph (a) of subsection (8), 26 subsection (12), paragraph (c) of subsection (15), subsection 27 (18), and paragraphs (b), (e), and (f) of subsection (19) of 28 section 380.06, Florida Statutes, are amended, and paragraphs 29 (i) and (j) are added to subsection (24) of that section, to 30 read: 31 380.06 Developments of regional impact.-- 104 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (2) STATEWIDE GUIDELINES AND STANDARDS.-- 2 (d) The guidelines and standards shall be applied as 3 follows: 4 1. Fixed thresholds.-- 5 a. A development that is at or below 100 80 percent of 6 all numerical thresholds in the guidelines and standards shall 7 not be required to undergo development-of-regional-impact 8 review. 9 b. A development that is at or above 120 percent of 10 any numerical threshold shall be required to undergo 11 development-of-regional-impact review. 12 c. Projects certified under s. 403.973 which create at 13 least 100 jobs and meet the criteria of the Office of Tourism, 14 Trade, and Economic Development as to their impact on an 15 area's economy, employment, and prevailing wage and skill 16 levels that are at or below 100 percent of the numerical 17 thresholds for industrial plants, industrial parks, 18 distribution, warehousing or wholesaling facilities, office 19 development or multiuse projects other than residential, as 20 described in s. 380.0651(3)(c), (d), and (i), are not required 21 to undergo development-of-regional-impact review. 22 2. Rebuttable presumption presumptions.-- 23 a. It shall be presumed that a development that is 24 between 80 and 100 percent of a numerical threshold shall not 25 be required to undergo development-of-regional-impact review. 26 b. It shall be presumed that a development that is at 27 100 percent or between 100 and 120 percent of a numerical 28 threshold shall be required to undergo 29 development-of-regional-impact review. 30 (4) BINDING LETTER.-- 31 (b) Unless a developer waives the requirements of this 105 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 paragraph by agreeing to undergo 2 development-of-regional-impact review pursuant to this 3 section, the state land planning agency or local government 4 with jurisdiction over the land on which a development is 5 proposed may require a developer to obtain a binding letter 6 if: 7 1. the development is at a presumptive numerical 8 threshold or up to 20 percent above a numerical threshold in 9 the guidelines and standards.; or 10 2. The development is between a presumptive numerical 11 threshold and 20 percent below the numerical threshold and the 12 local government or the state land planning agency is in doubt 13 as to whether the character or magnitude of the development at 14 the proposed location creates a likelihood that the 15 development will have a substantial effect on the health, 16 safety, or welfare of citizens of more than one county. 17 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.-- 18 (a) A developer may enter into a written preliminary 19 development agreement with the state land planning agency to 20 allow a developer to proceed with a limited amount of the 21 total proposed development, subject to all other governmental 22 approvals and solely at the developer's own risk, prior to 23 issuance of a final development order. All owners of the land 24 in the total proposed development shall join the developer as 25 parties to the agreement. Each agreement shall include and be 26 subject to the following conditions: 27 1. The developer shall comply with the preapplication 28 conference requirements pursuant to subsection (7) within 45 29 days after the execution of the agreement. 30 2. The developer shall file an application for 31 development approval for the total proposed development within 106 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 3 months after execution of the agreement, unless the state 2 land planning agency agrees to a different time for good cause 3 shown. Failure to timely file an application and to otherwise 4 diligently proceed in good faith to obtain a final development 5 order shall constitute a breach of the preliminary development 6 agreement. 7 3. The agreement shall include maps and legal 8 descriptions of both the preliminary development area and the 9 total proposed development area and shall specifically 10 describe the preliminary development in terms of magnitude and 11 location. The area approved for preliminary development must 12 be included in the application for development approval and 13 shall be subject to the terms and conditions of the final 14 development order. 15 4. The preliminary development shall be limited to 16 lands that the state land planning agency agrees are suitable 17 for development and shall only be allowed in areas where 18 adequate public infrastructure exists to accommodate the 19 preliminary development, when such development will utilize 20 public infrastructure. The developer must also demonstrate 21 that the preliminary development will not result in material 22 adverse impacts to existing resources or existing or planned 23 facilities. 24 5. The preliminary development agreement may allow 25 development which is: 26 a. Less than or equal to 100 80 percent of any 27 applicable threshold if the developer demonstrates that such 28 development is consistent with subparagraph 4.; or 29 b. Less than 120 percent of any applicable threshold 30 if the developer demonstrates that such development is part of 31 a proposed downtown development of regional impact specified 107 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 in subsection (22) or part of any areawide development of 2 regional impact specified in subsection (25) and that the 3 development is consistent with subparagraph 4. 4 6. The developer and owners of the land may not claim 5 vested rights, or assert equitable estoppel, arising from the 6 agreement or any expenditures or actions taken in reliance on 7 the agreement to continue with the total proposed development 8 beyond the preliminary development. The agreement shall not 9 entitle the developer to a final development order approving 10 the total proposed development or to particular conditions in 11 a final development order. 12 7. The agreement shall not prohibit the regional 13 planning agency from reviewing or commenting on any regional 14 issue that the regional agency determines should be included 15 in the regional agency's report on the application for 16 development approval. 17 8. The agreement shall include a disclosure by the 18 developer and all the owners of the land in the total proposed 19 development of all land or development within 5 miles of the 20 total proposed development in which they have an interest and 21 shall describe such interest. 22 9. In the event of a breach of the agreement or 23 failure to comply with any condition of the agreement, or if 24 the agreement was based on materially inaccurate information, 25 the state land planning agency may terminate the agreement or 26 file suit to enforce the agreement as provided in this section 27 and s. 380.11, including a suit to enjoin all development. 28 10. A notice of the preliminary development agreement 29 shall be recorded by the developer in accordance with s. 30 28.222 with the clerk of the circuit court for each county in 31 which land covered by the terms of the agreement is located. 108 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 The notice shall include a legal description of the land 2 covered by the agreement and shall state the parties to the 3 agreement, the date of adoption of the agreement and any 4 subsequent amendments, the location where the agreement may be 5 examined, and that the agreement constitutes a land 6 development regulation applicable to portions of the land 7 covered by the agreement. The provisions of the agreement 8 shall inure to the benefit of and be binding upon successors 9 and assigns of the parties in the agreement. 10 11. Except for those agreements which authorize 11 preliminary development for substantial deviations pursuant to 12 subsection (19), a developer who no longer wishes to pursue a 13 development of regional impact may propose to abandon any 14 preliminary development agreement executed after January 1, 15 1985, including those pursuant to s. 380.032(3), provided at 16 the time of abandonment: 17 a. A final development order under this section has 18 been rendered that approves all of the development actually 19 constructed; or 20 b. The amount of development is less than 100 80 21 percent of all numerical thresholds of the guidelines and 22 standards, and the state land planning agency determines in 23 writing that the development to date is in compliance with all 24 applicable local regulations and the terms and conditions of 25 the preliminary development agreement and otherwise adequately 26 mitigates for the impacts of the development to date. 27 28 In either event, when a developer proposes to abandon said 29 agreement, the developer shall give written notice and state 30 that he or she is no longer proposing a development of 31 regional impact and provide adequate documentation that he or 109 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 she has met the criteria for abandonment of the agreement to 2 the state land planning agency. Within 30 days of receipt of 3 adequate documentation of such notice, the state land planning 4 agency shall make its determination as to whether or not the 5 developer meets the criteria for abandonment. Once the state 6 land planning agency determines that the developer meets the 7 criteria for abandonment, the state land planning agency shall 8 issue a notice of abandonment which shall be recorded by the 9 developer in accordance with s. 28.222 with the clerk of the 10 circuit court for each county in which land covered by the 11 terms of the agreement is located. 12 (12) REGIONAL REPORTS.-- 13 (a) Within 50 days after receipt of the notice of 14 public hearing required in paragraph (11)(c), the regional 15 planning agency, if one has been designated for the area 16 including the local government, shall prepare and submit to 17 the local government a report and recommendations on the 18 regional impact of the proposed development. In preparing its 19 report and recommendations, the regional planning agency shall 20 identify regional issues based upon the following review 21 criteria and make recommendations to the local government on 22 these regional issues, specifically considering whether, and 23 the extent to which: 24 1. The development will have a favorable or 25 unfavorable impact on state or regional resources or 26 facilities identified in the applicable state or regional 27 plans. For the purposes of this subsection, "applicable state 28 plan" means the state comprehensive plan. For the purposes of 29 this subsection, "applicable regional plan" means an adopted 30 comprehensive regional policy plan until the adoption of a 31 strategic regional policy plan pursuant to s. 186.508, and 110 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 thereafter means an adopted strategic regional policy plan. 2 2. The development will significantly impact adjacent 3 jurisdictions. At the request of the appropriate local 4 government, regional planning agencies may also review and 5 comment upon issues that affect only the requesting local 6 government. 7 3. As one of the issues considered in the review in 8 subparagraphs 1. and 2., the development will favorably or 9 adversely affect the ability of people to find adequate 10 housing reasonably accessible to their places of employment. 11 The determination should take into account information on 12 factors that are relevant to the availability of reasonably 13 accessible adequate housing. Adequate housing means housing 14 that is available for occupancy and that is not substandard. 15 (b) At the request of the regional planning agency, 16 other appropriate agencies shall review the proposed 17 development and shall prepare reports and recommendations on 18 issues that are clearly within the jurisdiction of those 19 agencies. Such agency reports shall become part of the 20 regional planning agency report; however, the regional 21 planning agency may attach dissenting views. When water 22 management district and Department of Environmental Protection 23 permits have been issued pursuant to chapter 373 or chapter 24 403, the regional planning council may comment on the regional 25 implications of the permits but may not offer conflicting 26 recommendations. 27 (c) The regional planning agency shall afford the 28 developer or any substantially affected party reasonable 29 opportunity to present evidence to the regional planning 30 agency head relating to the proposed regional agency report 31 and recommendations. 111 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (d) When the location of a proposed development 2 involves land within the boundaries of multiple regional 3 planning councils, the state land planning agency shall 4 designate a lead regional planning council. The lead regional 5 planning council shall prepare the regional report. 6 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.-- 7 (c) The development order shall include findings of 8 fact and conclusions of law consistent with subsections (13) 9 and (14). The development order: 10 1. Shall specify the monitoring procedures and the 11 local official responsible for assuring compliance by the 12 developer with the development order. 13 2. Shall establish compliance dates for the 14 development order, including a deadline for commencing 15 physical development and for compliance with conditions of 16 approval or phasing requirements, and shall include a 17 termination date that reasonably reflects the time required to 18 complete the development. 19 3. Shall establish a date until which the local 20 government agrees that the approved development of regional 21 impact shall not be subject to downzoning, unit density 22 reduction, or intensity reduction, unless the local government 23 can demonstrate that substantial changes in the conditions 24 underlying the approval of the development order have occurred 25 or the development order was based on substantially inaccurate 26 information provided by the developer or that the change is 27 clearly established by local government to be essential to the 28 public health, safety, or welfare. 29 4. Shall specify the requirements for the biennial 30 annual report designated under subsection (18), including the 31 date of submission, parties to whom the report is submitted, 112 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 and contents of the report, based upon the rules adopted by 2 the state land planning agency. Such rules shall specify the 3 scope of any additional local requirements that may be 4 necessary for the report. 5 5. May specify the types of changes to the development 6 which shall require submission for a substantial deviation 7 determination under subsection (19). 8 6. Shall include a legal description of the property. 9 (18) BIENNIAL ANNUAL REPORTS.--The developer shall 10 submit a biennial an annual report on the development of 11 regional impact to the local government, the regional planning 12 agency, the state land planning agency, and all affected 13 permit agencies in alternate years on the date specified in 14 the development order, unless the development order by its 15 terms requires more frequent monitoring. If the annual report 16 is not received, the regional planning agency or the state 17 land planning agency shall notify the local government. If 18 the local government does not receive the annual report or 19 receives notification that the regional planning agency or the 20 state land planning agency has not received the report, the 21 local government shall request in writing that the developer 22 submit the report within 30 days. The failure to submit the 23 report after 30 days shall result in the temporary suspension 24 of the development order by the local government. If no 25 additional development pursuant to the development order has 26 occurred since the submission of the previous report, then a 27 letter from the developer stating that no development has 28 occurred shall satisfy the requirement for a report. 29 Development orders that require annual reports may be amended 30 to require biennial reports at the option of the local 31 government. 113 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (19) SUBSTANTIAL DEVIATIONS.-- 2 (b) Any proposed change to a previously approved 3 development of regional impact or development order condition 4 which, either individually or cumulatively with other changes, 5 exceeds any of the following criteria shall constitute a 6 substantial deviation and shall cause the development to be 7 subject to further development-of-regional-impact review 8 without the necessity for a finding of same by the local 9 government: 10 1. An increase in the number of parking spaces at an 11 attraction or recreational facility by 5 percent or 300 12 spaces, whichever is greater, or an increase in the number of 13 spectators that may be accommodated at such a facility by 5 14 percent or 1,000 spectators, whichever is greater. 15 2. A new runway, a new terminal facility, a 25-percent 16 lengthening of an existing runway, or a 25-percent increase in 17 the number of gates of an existing terminal, but only if the 18 increase adds at least three additional gates. However, if an 19 airport is located in two counties, a 10-percent lengthening 20 of an existing runway or a 20-percent increase in the number 21 of gates of an existing terminal is the applicable criteria. 22 3. An increase in the number of hospital beds by 5 23 percent or 60 beds, whichever is greater. 24 4. An increase in industrial development area by 5 25 percent or 32 acres, whichever is greater. 26 5. An increase in the average annual acreage mined by 27 5 percent or 10 acres, whichever is greater, or an increase in 28 the average daily water consumption by a mining operation by 5 29 percent or 300,000 gallons, whichever is greater. An increase 30 in the size of the mine by 5 percent or 750 acres, whichever 31 is less. 114 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 6. An increase in land area for office development by 2 5 percent or 6 acres, whichever is greater, or an increase of 3 gross floor area of office development by 5 percent or 60,000 4 gross square feet, whichever is greater. 5 7. An increase in the storage capacity for chemical or 6 petroleum storage facilities by 5 percent, 20,000 barrels, or 7 7 million pounds, whichever is greater. 8 8. An increase of development at a waterport of wet 9 storage for 20 watercraft, dry storage for 30 watercraft, or 10 wet/dry storage for 60 watercraft in an area identified in the 11 state marina siting plan as an appropriate site for additional 12 waterport development or a 5-percent increase in watercraft 13 storage capacity, whichever is greater. 14 9. An increase in the number of dwelling units by 5 15 percent or 50 dwelling units, whichever is greater. 16 10. An increase in commercial development by 6 acres 17 of land area or by 50,000 square feet of gross floor area, or 18 of parking spaces provided for customers for 300 cars or a 19 5-percent increase of either any of these, whichever is 20 greater. 21 11. An increase in hotel or motel facility units by 5 22 percent or 75 units, whichever is greater. 23 12. An increase in a recreational vehicle park area by 24 5 percent or 100 vehicle spaces, whichever is less. 25 13. A decrease in the area set aside for open space of 26 5 percent or 20 acres, whichever is less. 27 14. A proposed increase to an approved multiuse 28 development of regional impact where the sum of the increases 29 of each land use as a percentage of the applicable substantial 30 deviation criteria is equal to or exceeds 100 percent. The 31 percentage of any decrease in the amount of open space shall 115 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 be treated as an increase for purposes of determining when 100 2 percent has been reached or exceeded. 3 15. A 15-percent increase in the number of external 4 vehicle trips generated by the development above that which 5 was projected during the original 6 development-of-regional-impact review. 7 16. Any change which would result in development of 8 any area which was specifically set aside in the application 9 for development approval or in the development order for 10 preservation or special protection of endangered or threatened 11 plants or animals designated as endangered, threatened, or 12 species of special concern and their habitat, primary dunes, 13 or archaeological and historical sites designated as 14 significant by the Division of Historical Resources of the 15 Department of State. The further refinement of such areas by 16 survey shall be considered under sub-subparagraph (e)5.b. 17 18 The substantial deviation numerical standards in subparagraphs 19 4., 6., 10., 14., excluding residential uses, and 15., are 20 increased by 100 percent for a project certified under s. 21 403.973 which creates jobs and meets criteria established by 22 the Office of Tourism, Trade, and Economic Development as to 23 its impact on an area's economy, employment, and prevailing 24 wage and skill levels. The substantial deviation numerical 25 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are 26 increased by 50 percent for a project located wholly within an 27 urban infill and redevelopment area designated on the 28 applicable adopted local comprehensive plan future land use 29 map and not located within the coastal high hazard area. 30 (e)1. A proposed change which, either individually or, 31 if there were previous changes, cumulatively with those 116 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 changes, is equal to or exceeds 40 percent of any numerical 2 criterion in subparagraphs (b)1.-15., but which does not 3 exceed such criterion, shall be presumed not to create a 4 substantial deviation subject to further 5 development-of-regional-impact review. The presumption may be 6 rebutted by clear and convincing evidence at the public 7 hearing held by the local government pursuant to subparagraph 8 (f)5. 9 2. Except for a development order rendered pursuant to 10 subsection (22) or subsection (25), a proposed change to a 11 development order that individually or cumulatively with any 12 previous change is less than 40 percent of any numerical 13 criterion contained in subparagraphs (b)1.-15. and does not 14 exceed any other criterion, or that involves an extension of 15 the buildout date of a development, or any phase thereof, of 16 less than 5 years is not subject to the public hearing 17 requirements of subparagraph (f)3., and is not subject to a 18 determination pursuant to subparagraph (f)5. Notice of the 19 proposed change shall be made to the regional planning council 20 and the state land planning agency. Such notice shall include 21 a description of previous individual changes made to the 22 development, including changes previously approved by the 23 local government, and shall include appropriate amendments to 24 the development order. 25 2. The following changes, individually or cumulatively 26 with any previous changes, are not substantial deviations: 27 a. Changes in the name of the project, developer, 28 owner, or monitoring official. 29 b. Changes to a setback that do not affect noise 30 buffers, environmental protection or mitigation areas, or 31 archaeological or historical resources. 117 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 c. Changes to minimum lot sizes. 2 d. Changes in the configuration of internal roads that 3 do not affect external access points. 4 e. Changes to the building design or orientation that 5 stay approximately within the approved area designated for 6 such building and parking lot, and which do not affect 7 historical buildings designated as significant by the Division 8 of Historical Resources of the Department of State. 9 f. Changes to increase the acreage in the development, 10 provided that no development is proposed on the acreage to be 11 added. 12 g. Changes to eliminate an approved land use, provided 13 that there are no additional regional impacts. 14 h. Changes required to conform to permits approved by 15 any federal, state, or regional permitting agency, provided 16 that these changes do not create additional regional impacts. 17 i. Any renovation or redevelopment of development 18 within a previously approved development of regional impact 19 which does not change land use or increase density or 20 intensity of use. 21 (j)i. Any other change which the state land planning 22 agency agrees in writing is similar in nature, impact, or 23 character to the changes enumerated in sub-subparagraphs a.-i. 24 a.-h. and which does not create the likelihood of any 25 additional regional impact. 26 27 This subsection does not require a development order amendment 28 for any change listed in sub-subparagraphs a.-j. a.-i. unless 29 such issue is addressed either in the existing development 30 order or in the application for development approval, but, in 31 the case of the application, only if, and in the manner in 118 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 which, the application is incorporated in the development 2 order. 3 3. Except for the change authorized by 4 sub-subparagraph 2.f., any addition of land not previously 5 reviewed or any change not specified in paragraph (b) or 6 paragraph (c) shall be presumed to create a substantial 7 deviation. This presumption may be rebutted by clear and 8 convincing evidence. 9 4. Any submittal of a proposed change to a previously 10 approved development shall include a description of individual 11 changes previously made to the development, including changes 12 previously approved by the local government. The local 13 government shall consider the previous and current proposed 14 changes in deciding whether such changes cumulatively 15 constitute a substantial deviation requiring further 16 development-of-regional-impact review. 17 5. The following changes to an approved development of 18 regional impact shall be presumed to create a substantial 19 deviation. Such presumption may be rebutted by clear and 20 convincing evidence. 21 a. A change proposed for 15 percent or more of the 22 acreage to a land use not previously approved in the 23 development order. Changes of less than 15 percent shall be 24 presumed not to create a substantial deviation. 25 b. Except for the types of uses listed in subparagraph 26 (b)16., any change which would result in the development of 27 any area which was specifically set aside in the application 28 for development approval or in the development order for 29 preservation, buffers, or special protection, including 30 habitat for plant and animal species, archaeological and 31 historical sites, dunes, and other special areas. 119 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 c. Notwithstanding any provision of paragraph (b) to 2 the contrary, a proposed change consisting of simultaneous 3 increases and decreases of at least two of the uses within an 4 authorized multiuse development of regional impact which was 5 originally approved with three or more uses specified in s. 6 380.0651(3)(c), (d), (f), and (g) and residential use. 7 (f)1. The state land planning agency shall establish 8 by rule standard forms for submittal of proposed changes to a 9 previously approved development of regional impact which may 10 require further development-of-regional-impact review. At a 11 minimum, the standard form shall require the developer to 12 provide the precise language that the developer proposes to 13 delete or add as an amendment to the development order. 14 2. The developer shall submit, simultaneously, to the 15 local government, the regional planning agency, and the state 16 land planning agency the request for approval of a proposed 17 change. 18 3. No sooner than 30 days but no later than 45 days 19 after submittal by the developer to the local government, the 20 state land planning agency, and the appropriate regional 21 planning agency, the local government shall give 15 days' 22 notice and schedule a public hearing to consider the change 23 that the developer asserts does not create a substantial 24 deviation. This public hearing shall be held within 90 days 25 after submittal of the proposed changes, unless that time is 26 extended by the developer. 27 4. The appropriate regional planning agency or the 28 state land planning agency shall review the proposed change 29 and, no later than 45 days after submittal by the developer of 30 the proposed change, unless that time is extended by the 31 developer, and prior to the public hearing at which the 120 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 proposed change is to be considered, shall advise the local 2 government in writing whether it objects to the proposed 3 change, shall specify the reasons for its objection, if any, 4 and shall provide a copy to the developer. A change which is 5 subject to the substantial deviation criteria specified in 6 sub-subparagraph (e)5.c. shall not be subject to this 7 requirement. 8 5. At the public hearing, the local government shall 9 determine whether the proposed change requires further 10 development-of-regional-impact review. The provisions of 11 paragraphs (a) and (e), the thresholds set forth in paragraph 12 (b), and the presumptions set forth in paragraphs (c) and (d) 13 and subparagraph (e)3. subparagraphs (e)1. and 3. shall be 14 applicable in determining whether further 15 development-of-regional-impact review is required. 16 6. If the local government determines that the 17 proposed change does not require further 18 development-of-regional-impact review and is otherwise 19 approved, or if the proposed change is not subject to a 20 hearing and determination pursuant to subparagraphs 3. and 5. 21 and is otherwise approved, the local government shall issue an 22 amendment to the development order incorporating the approved 23 change and conditions of approval relating to the change. The 24 decision of the local government to approve, with or without 25 conditions, or to deny the proposed change that the developer 26 asserts does not require further review shall be subject to 27 the appeal provisions of s. 380.07. However, the state land 28 planning agency may not appeal the local government decision 29 if it did not comply with subparagraph 4. The state land 30 planning agency may not appeal a change to a development order 31 made pursuant to subparagraph (e)1. or subparagraph (e)2. for 121 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 developments of regional impact approved after January 1, 2 1980, unless the change would result in a significant impact 3 to a regionally significant archaeological, historical, or 4 natural resource not previously identified in the original 5 development-of-regional-impact review. 6 (24) STATUTORY EXEMPTIONS.-- 7 (i) Any proposed facility for the storage of any 8 petroleum product or any expansion of an existing facility is 9 exempt from the provisions of this section, if the facility is 10 consistent with a local comprehensive plan that is in 11 compliance with s. 163.3177 or is consistent with a 12 comprehensive port master plan that is in compliance with s. 13 163.3178. 14 (j) Any renovation or redevelopment within the same 15 land parcel which does not change land use or increase density 16 or intensity of use. 17 Section 32. Paragraphs (d) and (f) of subsection (3) 18 of section 380.0651, Florida Statutes, are amended to read: 19 380.0651 Statewide guidelines and standards.-- 20 (3) The following statewide guidelines and standards 21 shall be applied in the manner described in s. 380.06(2) to 22 determine whether the following developments shall be required 23 to undergo development-of-regional-impact review: 24 (d) Office development.--Any proposed office building 25 or park operated under common ownership, development plan, or 26 management that: 27 1. Encompasses 300,000 or more square feet of gross 28 floor area; or 29 2. Has a total site size of 30 or more acres; or 30 3. Encompasses more than 600,000 square feet of gross 31 floor area in a county with a population greater than 500,000 122 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 and only in a geographic area specifically designated as 2 highly suitable for increased threshold intensity in the 3 approved local comprehensive plan and in the strategic 4 regional policy plan. 5 (f) Retail and service development.--Any proposed 6 retail, service, or wholesale business establishment or group 7 of establishments which deals primarily with the general 8 public onsite, operated under one common property ownership, 9 development plan, or management that: 10 1. Encompasses more than 400,000 square feet of gross 11 area; or 12 2. Occupies more than 40 acres of land; or 13 3. Provides parking spaces for more than 2,500 cars. 14 Section 33. (1) Nothing contained in this act 15 abridges or modifies any vested or other right or any duty or 16 obligation pursuant to any development order or agreement that 17 is applicable to a development of regional impact on the 18 effective date of this act. A development that has received a 19 development-of-regional-impact development order pursuant to 20 section 380.06, Florida Statutes, but is no longer required to 21 undergo development-of-regional-impact review by operation of 22 this act, shall be governed by the following procedures: 23 (a) The development shall continue to be governed by 24 the development-of-regional-impact development order and may 25 be completed in reliance upon and pursuant to the development 26 order. The development-of-regional-impact development order 27 may be enforced by the local government as provided by 28 sections 380.06(17) and 380.11, Florida Statutes. 29 (b) If requested by the developer or landowner, the 30 development-of-regional-impact development order may be 31 abandoned pursuant to the process in s. 380.06(26). 123 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 (2) A development with an application for development 2 approval pending, and determined sufficient pursuant to 3 section 380.06(10), Florida Statutes, on the effective date of 4 this act, or a notification of proposed change pending on the 5 effective date of this act, may elect to continue such review 6 pursuant to section 380.06, Florida Statutes. At the 7 conclusion of the pending review, including any appeals 8 pursuant to section 380.07, Florida Statutes, the resulting 9 development order shall be governed by the provisions of 10 subsection (1). 11 Section 34. Subsection (6) is added to s. 163.3194, 12 Florida Statutes, to read: 13 163.3194 Legal status of comprehensive plan.-- 14 (1)(a) After a comprehensive plan, or element or 15 portion thereof, has been adopted in conformity with this act, 16 all development undertaken by, and all actions taken in regard 17 to development orders by, governmental agencies in regard to 18 land covered by such plan or element shall be consistent with 19 such plan or element as adopted. 20 (b) All land development regulations enacted or 21 amended shall be consistent with the adopted comprehensive 22 plan, or element or portion thereof, and any land development 23 regulations existing at the time of adoption which are not 24 consistent with the adopted comprehensive plan, or element or 25 portion thereof, shall be amended so as to be consistent. If 26 a local government allows an existing land development 27 regulation which is inconsistent with the most recently 28 adopted comprehensive plan, or element or portion thereof, to 29 remain in effect, the local government shall adopt a schedule 30 for bringing the land development regulation into conformity 31 with the provisions of the most recently adopted comprehensive 124 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 plan, or element or portion thereof. During the interim 2 period when the provisions of the most recently adopted 3 comprehensive plan, or element or portion thereof, and the 4 land development regulations are inconsistent, the provisions 5 of the most recently adopted comprehensive plan, or element or 6 portion thereof, shall govern any action taken in regard to an 7 application for a development order. 8 (2) After a comprehensive plan for the area, or 9 element or portion thereof, is adopted by the governing body, 10 no land development regulation, land development code, or 11 amendment thereto shall be adopted by the governing body until 12 such regulation, code, or amendment has been referred either 13 to the local planning agency or to a separate land development 14 regulation commission created pursuant to local ordinance, or 15 to both, for review and recommendation as to the relationship 16 of such proposal to the adopted comprehensive plan, or element 17 or portion thereof. Said recommendation shall be made within a 18 reasonable time, but no later than within 2 months after the 19 time of reference. If a recommendation is not made within the 20 time provided, then the governing body may act on the 21 adoption. 22 (3)(a) A development order or land development 23 regulation shall be consistent with the comprehensive plan if 24 the land uses, densities or intensities, and other aspects of 25 development permitted by such order or regulation are 26 compatible with and further the objectives, policies, land 27 uses, and densities or intensities in the comprehensive plan 28 and if it meets all other criteria enumerated by the local 29 government. 30 (b) A development approved or undertaken by a local 31 government shall be consistent with the comprehensive plan if 125 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 the land uses, densities or intensities, capacity or size, 2 timing, and other aspects of the development are compatible 3 with and further the objectives, policies, land uses, and 4 densities or intensities in the comprehensive plan and if it 5 meets all other criteria enumerated by the local government. 6 (4)(a) A court, in reviewing local governmental action 7 or development regulations under this act, may consider, among 8 other things, the reasonableness of the comprehensive plan, or 9 element or elements thereof, relating to the issue justiciably 10 raised or the appropriateness and completeness of the 11 comprehensive plan, or element or elements thereof, in 12 relation to the governmental action or development regulation 13 under consideration. The court may consider the relationship 14 of the comprehensive plan, or element or elements thereof, to 15 the governmental action taken or the development regulation 16 involved in litigation, but private property shall not be 17 taken without due process of law and the payment of just 18 compensation. 19 (b) It is the intent of this act that the 20 comprehensive plan set general guidelines and principles 21 concerning its purposes and contents and that this act shall 22 be construed broadly to accomplish its stated purposes and 23 objectives. 24 (5) The tax-exempt status of lands classified as 25 agricultural under s. 193.461 shall not be affected by any 26 comprehensive plan adopted under this act as long as the land 27 meets the criteria set forth in s. 193.461. 28 (6) If a proposed solid waste management facility is 29 permitted by the Department of Environmental Protection to 30 receive materials from the construction or demolition of a 31 road or other transportation facility, a local government may 126 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 not deny an application for a development approval for a 2 requested land use that would accommodate such a facility, 3 provided the local government previously approved a land use 4 classification change to a local comprehensive plan or 5 approved a rezoning to a category allowing such land use on 6 the parcel, and the requested land use was disclosed during 7 the previous comprehensive plan or rezoning hearing as being 8 an express purpose of the land use changes. 9 Section 35. It is the intent of the Legislature that 10 section 5 or section 24 of this act shall not affect the 11 outcome of any litigation pending on the effective date of 12 this act, including any future appeals. It is the further 13 intent of the Legislature that section 5 or section 24 of this 14 act do not serve as legal authority support of any party to 15 such litigation or any appeal thereof. 16 Section 36. It is the intent of the Legislature that 17 section 10 of this act shall not affect the outcome of 18 Pinecrest Lakes, Inc. v. Schidel, 795 So.2d 191 (Fla. 4th DCA 19 2001), rehearing denied, 802 So.2d 486. 20 Section 37. The Legislature finds that the integration 21 of the growth management system and the planning of public 22 educational facilities is a matter of great public importance. 23 Section 38. Section 403.064, Florida Statutes, is 24 amended to read: 25 403.064 Reuse of reclaimed water.-- 26 (1) The encouragement and promotion of water 27 conservation, and reuse of reclaimed water, as defined by the 28 department, are state objectives and are considered to be in 29 the public interest. The Legislature finds that the reuse of 30 reclaimed water is a critical component of meeting the state's 31 existing and future water supply needs while sustaining 127 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 natural systems. The Legislature further finds that for those 2 wastewater treatment plants permitted and operated under an 3 approved reuse program by the department, the reclaimed water 4 shall be considered environmentally acceptable and not a 5 threat to public health and safety. 6 (2) All applicants for permits to construct or operate 7 a domestic wastewater treatment facility located within, 8 serving a population located within, or discharging within a 9 water resource caution area shall prepare a reuse feasibility 10 study as part of their application for the permit. Reuse 11 feasibility studies shall be prepared in accordance with 12 department guidelines adopted by rule and shall include, but 13 are not limited to: 14 (a) Evaluation of monetary costs and benefits for 15 several levels and types of reuse. 16 (b) Evaluation of water savings if reuse is 17 implemented. 18 (c) Evaluation of rates and fees necessary to 19 implement reuse. 20 (d) Evaluation of environmental and water resource 21 benefits associated with reuse. 22 (e) Evaluation of economic, environmental, and 23 technical constraints. 24 (f) A schedule for implementation of reuse. The 25 schedule shall consider phased implementation. 26 (3) The permit applicant shall prepare a plan of study 27 for the reuse feasibility study consistent with the reuse 28 feasibility study guidelines adopted by department rule. The 29 plan of study shall include detailed descriptions of 30 applicable treatment and water supply alternatives to be 31 evaluated and the methods of analysis to be used. The plan of 128 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 study shall be submitted to the department for review and 2 approval. 3 (4)(3) The study required under subsection (2) shall 4 be performed by the applicant, and, if the study shows that 5 the reuse is feasible, the applicant must give significant 6 consideration to its implementation the applicant's 7 determination of feasibility is final if the study complies 8 with the requirements of subsections subsection (2) and (3). 9 (5)(4) A reuse feasibility study is not required if: 10 (a) The domestic wastewater treatment facility has an 11 existing or proposed permitted or design capacity less than 12 0.1 million gallons per day; or 13 (b) The permitted reuse capacity equals or exceeds the 14 total permitted capacity of the domestic wastewater treatment 15 facility. 16 (6)(5) A reuse feasibility study prepared under 17 subsection (2) satisfies a water management district 18 requirement to conduct a reuse feasibility study imposed on a 19 local government or utility that has responsibility for 20 wastewater management. 21 (7)(6) Local governments may allow the use of 22 reclaimed water for inside activities, including, but not 23 limited to, toilet flushing, fire protection, and decorative 24 water features, as well as for outdoor uses, provided the 25 reclaimed water is from domestic wastewater treatment 26 facilities which are permitted, constructed, and operated in 27 accordance with department rules. 28 (8)(7) Permits issued by the department for domestic 29 wastewater treatment facilities shall be consistent with 30 requirements for reuse included in applicable consumptive use 31 permits issued by the water management district, if such 129 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 requirements are consistent with department rules governing 2 reuse of reclaimed water. This subsection applies only to 3 domestic wastewater treatment facilities which are located 4 within, or serve a population located within, or discharge 5 within water resource caution areas and are owned, operated, 6 or controlled by a local government or utility which has 7 responsibility for water supply and wastewater management. 8 (9)(8) Local governments may and are encouraged to 9 implement programs for the reuse of reclaimed water. Nothing 10 in this chapter shall be construed to prohibit or preempt such 11 local reuse programs. 12 (10)(9) A local government that implements a reuse 13 program under this section shall be allowed to allocate the 14 costs in a reasonable manner. 15 (11)(10) Pursuant to chapter 367, the Florida Public 16 Service Commission shall allow entities under its jurisdiction 17 which conduct studies or implement reuse projects, including, 18 but not limited to, any study required by subsection (2) or 19 facilities used for reliability purposes for a reclaimed water 20 reuse system, to recover the full, prudently incurred cost of 21 such studies and facilities through their rate structure. 22 (12)(11) In issuing consumptive use permits, the 23 permitting agency shall consider the local reuse program. 24 (13)(12) A local government shall require a developer, 25 as a condition for obtaining a development order, to comply 26 with the local reuse program. 27 (14)(13) If, After conducting a feasibility study 28 under subsection (2), an applicant determines that reuse of 29 reclaimed water is feasible, domestic wastewater treatment 30 facilities that dispose of effluent by Class I deep well 31 injection, as defined in 40 C.F.R. part 144.6(a), must 130 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 implement reuse according to the schedule for implementation 2 contained in the study conducted under subsection (2), to the 3 degree that reuse is determined feasible, based upon the 4 applicant's reuse feasibility study. Applicable permits issued 5 by the department shall be consistent with the requirements of 6 this subsection. 7 (a) This subsection does not limit the use of a Class 8 I deep well injection facility as backup for a reclaimed water 9 reuse system. 10 (b) This subsection applies only to domestic 11 wastewater treatment facilities located within, serving a 12 population located within, or discharging within a water 13 resource caution area. 14 (15)(14) If, After conducting a feasibility study 15 under subsection (2), an applicant determines that reuse of 16 reclaimed water is feasible, domestic wastewater treatment 17 facilities that dispose of effluent by surface water 18 discharges or by land application methods must implement reuse 19 according to the schedule for implementation contained in the 20 study conducted under subsection (2), to the degree that reuse 21 is determined feasible, based upon the applicant's reuse 22 feasibility study. This subsection does not apply to surface 23 water discharges or land application systems which are 24 currently categorized as reuse under department rules. 25 Applicable permits issued by the department shall be 26 consistent with the requirements of this subsection. 27 (a) This subsection does not limit the use of a 28 surface water discharge or land application facility as backup 29 for a reclaimed water reuse system. 30 (b) This subsection applies only to domestic 31 wastewater treatment facilities located within, serving a 131 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 population located within, or discharging within a water 2 resource caution area. 3 Section 39. In order to aid in the development of a 4 better understanding of the unique surface and groundwater 5 resources of this state, the water management districts shall 6 develop an information program designed to provide information 7 concerning existing hydrologic conditions of major surface and 8 groundwater sources in this state and suggestions for good 9 conservation practices within those areas. The program shall 10 be developed by December 31, 2002. Beginning January 1, 2003, 11 and on a regular basis no less than every 6 months thereafter, 12 the information developed pursuant to this section shall be 13 distributed to every member of the Florida Senate and the 14 Florida House of Representatives and to local print and 15 broadcast news organizations. Each water management district 16 shall be responsible for the distribution of this information 17 within its established geographic area. 18 Section 40. Paragraph (b) of subsection (3) of section 19 403.1835, Florida Statutes, is amended to read: 20 403.1835 Water pollution control financial 21 assistance.-- 22 (3) The department may provide financial assistance 23 through any program authorized under s. 603 of the Federal 24 Water Pollution Control Act (Clean Water Act), Pub. L. No. 25 92-500, as amended, including, but not limited to, making 26 grants and loans, providing loan guarantees, purchasing loan 27 insurance or other credit enhancements, and buying or 28 refinancing local debt. This financial assistance must be 29 administered in accordance with this section and applicable 30 federal authorities. The department shall administer all 31 programs operated from funds secured through the activities of 132 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 the Florida Water Pollution Control Financing Corporation 2 under s. 403.1837, to fulfill the purposes of this section. 3 (b) The department may make or request the corporation 4 to make loans, grants, and deposits to other entities eligible 5 to participate in the financial assistance programs authorized 6 under the Federal Water Pollution Control Act, or as a result 7 of other federal action, which entities may pledge any revenue 8 available to them to repay any funds borrowed. Notwithstanding 9 s. 18.10, the department may make deposits to financial 10 institutions which earn less than the prevailing rate for 11 United States Treasury securities with corresponding 12 maturities for the purpose of enabling those financial 13 institutions to make below-market interest rate loans to 14 entities qualified to receive loans under this section and the 15 rules of the department. 16 Section 41. Subsection (11) of section 367.022, 17 Florida Statutes, is amended to read: 18 367.022 Exemptions.--The following are not subject to 19 regulation by the commission as a utility nor are they subject 20 to the provisions of this chapter, except as expressly 21 provided: 22 (11) Any person providing only nonpotable water for 23 irrigation or fireflow purposes in a geographic area where 24 potable water service is available from a governmentally or 25 privately owned utility or a private well. 26 Section 42. Subsection (2) of section 373.1961, 27 Florida Statutes, is amended to read: 28 373.1961 Water production.-- 29 (2) The Legislature finds that, due to a combination 30 of factors, vastly increased demands have been placed on 31 natural supplies of fresh water, and that, absent increased 133 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 development of alternative water supplies, such demands may 2 increase in the future. The Legislature also finds that 3 potential exists in the state for the production of 4 significant quantities of alternative water supplies, 5 including reclaimed water, and that water production includes 6 the development of alternative water supplies, including 7 reclaimed water, for appropriate uses. It is the intent of 8 the Legislature that utilities develop reclaimed water 9 systems, where reclaimed water is the most appropriate 10 alternative water supply option, to deliver reclaimed water to 11 as many users as possible through the most cost-effective 12 means, and to construct reclaimed water system infrastructure 13 to their owned or operated properties and facilities where 14 they have reclamation capability. It is also the intent of the 15 Legislature that the water management districts which levy ad 16 valorem taxes for water management purposes should share a 17 percentage of those tax revenues with water providers and 18 users, including local governments, water, wastewater, and 19 reuse utilities, municipal, industrial, and agricultural water 20 users, and other public and private water users, to be used to 21 supplement other funding sources in the development of 22 alternative water supplies. The Legislature finds that public 23 moneys or services provided to private entities for such uses 24 constitute public purposes which are in the public interest. 25 In order to further the development and use of alternative 26 water supply systems, including reclaimed water systems, the 27 Legislature provides the following: 28 (a) The governing boards of the water management 29 districts where water resource caution areas have been 30 designated shall include in their annual budgets an amount for 31 the development of alternative water supply systems, including 134 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 reclaimed water systems, pursuant to the requirements of this 2 subsection. Beginning in 1996, such amounts shall be made 3 available to water providers and users no later than December 4 31 of each year, through grants, matching grants, revolving 5 loans, or the use of district lands or facilities pursuant to 6 the requirements of this subsection and guidelines established 7 by the districts. 8 (b) It is the intent of the Legislature that for each 9 reclaimed water utility, or any other utility, which receives 10 funds pursuant to this subsection, the appropriate 11 rate-setting authorities should develop rate structures for 12 all water, wastewater, and reclaimed water and other 13 alternative water supply utilities in the service area of the 14 funded utility, which accomplish the following: 15 1. Provide meaningful progress toward the development 16 and implementation of alternative water supply systems, 17 including reclaimed water systems; 18 2. Promote the conservation of fresh water withdrawn 19 from natural systems; 20 3. Provide for an appropriate distribution of costs 21 for all water, wastewater, and alternative water supply 22 utilities, including reclaimed water utilities, among all of 23 the users of those utilities; and 24 4. Prohibit rate discrimination within classes of 25 utility users. 26 (c) In order to be eligible for funding pursuant to 27 this subsection, a project must be consistent with a local 28 government comprehensive plan and the governing body of the 29 local government must require all appropriate new facilities 30 within the project's service area to connect to and use the 31 project's alternative water supplies. The appropriate local 135 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 government must provide written notification to the 2 appropriate district that the proposed project is consistent 3 with the local government comprehensive plan. 4 (d) Any and all revenues disbursed pursuant to this 5 subsection shall be applied only for the payment of capital or 6 infrastructure costs for the construction of alternative water 7 supply systems that provide alternative water supplies for 8 uses within one or more water resource caution areas. 9 (e) By January 1 of each year, the governing boards 10 shall make available written guidelines for the disbursal of 11 revenues pursuant to this subsection. Such guidelines shall 12 include at minimum: 13 1. An application process and a deadline for filing 14 applications annually. 15 2. A process for determining project eligibility 16 pursuant to the requirements of paragraphs (c) and (d). 17 3. A process and criteria for funding projects 18 pursuant to this subsection that cross district boundaries or 19 that serve more than one district. 20 (f) The governing board of each water management 21 district shall establish an alternative water supplies grants 22 advisory committee to recommend to the governing board 23 projects for funding pursuant to this subsection. The 24 advisory committee members shall include, but not be limited 25 to, one or more representatives of county, municipal, and 26 investor-owned private utilities, and may include, but not be 27 limited to, representatives of agricultural interests and 28 environmental interests. Each committee member shall 29 represent his or her interest group as a whole and shall not 30 represent any specific entity. The committee shall apply the 31 guidelines and project eligibility criteria established by the 136 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 governing board in reviewing proposed projects. After one or 2 more hearings to solicit public input on eligible projects, 3 the committee shall rank the eligible projects and shall 4 submit them to the governing board for final funding approval. 5 The advisory committee may submit to the governing board more 6 projects than the available grant money would fund. 7 (g) All revenues made available annually pursuant to 8 this subsection must be encumbered disbursed annually by the 9 governing board if it approves projects sufficient to expend 10 the available revenues. Funds must be disbursed within 36 11 months after encumbrance. 12 (h) For purposes of this subsection, alternative water 13 supplies are supplies of water that have been reclaimed after 14 one or more public supply, municipal, industrial, commercial, 15 or agricultural uses, or are supplies of stormwater, or 16 brackish or salt water, that have been treated in accordance 17 with applicable rules and standards sufficient to supply the 18 intended use. 19 (i) This subsection shall not be subject to the 20 rulemaking requirements of chapter 120. 21 (j) By January 30 of each year, each water management 22 district shall submit an annual report to the Governor, the 23 President of the Senate, and the Speaker of the House of 24 Representatives which accounts for the disbursal of all 25 budgeted amounts pursuant to this subsection. Such report 26 shall describe all projects funded and shall account 27 separately for moneys provided through grants, matching 28 grants, revolving loans, and the use of district lands or 29 facilities. 30 (k) The Florida Public Service Commission shall allow 31 entities under its jurisdiction constructing alternative water 137 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 supply facilities, including but not limited to aquifer 2 storage and recovery wells, to recover the full, prudently 3 incurred cost of such facilities through their rate structure. 4 Every component of an alternative water supply facility 5 constructed by an investor-owned utility shall be recovered in 6 current rates. 7 Section 43. Section 373.498 and subsection (3) of 8 section 403.804, Florida Statutes, are repealed. 9 Section 44. Paragraph (c) of subsection (3) of section 10 373.4595, Florida Statutes, is amended to read: 11 373.4595 Lake Okeechobee Protection Program.-- 12 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection 13 program for Lake Okeechobee that achieves phosphorus load 14 reductions for Lake Okeechobee shall be immediately 15 implemented as specified in this subsection. The program shall 16 address the reduction of phosphorus loading to the lake from 17 both internal and external sources. Phosphorus load reductions 18 shall be achieved through a phased program of implementation. 19 Initial implementation actions shall be technology-based, 20 based upon a consideration of both the availability of 21 appropriate technology and the cost of such technology, and 22 shall include phosphorus reduction measures at both the source 23 and the regional level. The initial phase of phosphorus load 24 reductions shall be based upon the district's Technical 25 Publication 81-2 and the district's WOD program, with 26 subsequent phases of phosphorus load reductions based upon the 27 total maximum daily loads established in accordance with s. 28 403.067. In the development and administration of the Lake 29 Okeechobee Protection Program, the coordinating agencies shall 30 maximize opportunities provided by federal cost-sharing 31 programs and opportunities for partnerships with the private 138 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 sector. 2 (c) Lake Okeechobee Watershed Phosphorus Control 3 Program.--The Lake Okeechobee Watershed Phosphorus Control 4 Program is designed to be a multifaceted approach to reducing 5 phosphorus loads by improving the management of phosphorus 6 sources within the Lake Okeechobee watershed through continued 7 implementation of existing regulations and best management 8 practices, development and implementation of improved best 9 management practices, improvement and restoration of the 10 hydrologic function of natural and managed systems, and 11 utilization of alternative technologies for nutrient 12 reduction. The coordinating agencies shall facilitate the 13 application of federal programs that offer opportunities for 14 water quality treatment, including preservation, restoration, 15 or creation of wetlands on agricultural lands. 16 1. Agricultural nonpoint source best management 17 practices, developed in accordance with s. 403.067 and 18 designed to achieve the objectives of the Lake Okeechobee 19 Protection Program, shall be implemented on an expedited 20 basis. By March 1, 2001, the coordinating agencies shall 21 develop an interagency agreement pursuant to ss. 373.046 and 22 373.406(5) that assures the development of best management 23 practices that complement existing regulatory programs and 24 specifies how those best management practices are implemented 25 and verified. The interagency agreement shall address measures 26 to be taken by the coordinating agencies during any best 27 management practice reevaluation performed pursuant to 28 sub-subparagraph d. The department shall use best professional 29 judgment in making the initial determination of best 30 management practice effectiveness. 31 a. As provided in s. 403.067(7)(d), by October 1, 139 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 2000, the Department of Agriculture and Consumer Services, in 2 consultation with the department, the district, and affected 3 parties, shall initiate rule development for interim measures, 4 best management practices, conservation plans, nutrient 5 management plans, or other measures necessary for Lake 6 Okeechobee phosphorus load reduction. The rule shall include 7 thresholds for requiring conservation and nutrient management 8 plans and criteria for the contents of such plans. Development 9 of agricultural nonpoint source best management practices 10 shall initially focus on those priority basins listed in 11 subparagraph (b)1. The Department of Agriculture and Consumer 12 Services, in consultation with the department, the district, 13 and affected parties, shall conduct an ongoing program for 14 improvement of existing and development of new interim 15 measures or best management practices for the purpose of 16 adoption of such practices by rule. 17 b. Where agricultural nonpoint source best management 18 practices or interim measures have been adopted by rule of the 19 Department of Agriculture and Consumer Services, the owner or 20 operator of an agricultural nonpoint source addressed by such 21 rule shall either implement interim measures or best 22 management practices or demonstrate compliance with the 23 district's WOD program by conducting monitoring prescribed by 24 the department or the district. Owners or operators of 25 agricultural nonpoint sources who implement interim measures 26 or best management practices adopted by rule of the Department 27 of Agriculture and Consumer Services shall be subject to the 28 provisions of s. 403.067(7). The Department of Agriculture and 29 Consumer Services, in cooperation with the department and the 30 district, shall provide technical and financial assistance for 31 implementation of agricultural best management practices, 140 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 subject to the availability of funds. 2 c. The district or department shall conduct monitoring 3 at representative sites to verify the effectiveness of 4 agricultural nonpoint source best management practices. 5 d. Where water quality problems are detected for 6 agricultural nonpoint sources despite the appropriate 7 implementation of adopted best management practices, the 8 Department of Agriculture and Consumer Services, in 9 consultation with the other coordinating agencies and affected 10 parties, shall institute a reevaluation of the best management 11 practices and make appropriate changes to the rule adopting 12 best management practices. 13 2. Nonagricultural nonpoint source best management 14 practices, developed in accordance with s. 403.067 and 15 designed to achieve the objectives of the Lake Okeechobee 16 Protection Program, shall be implemented on an expedited 17 basis. By March 1, 2001, the department and the district shall 18 develop an interagency agreement pursuant to ss. 373.046 and 19 373.406(5) that assures the development of best management 20 practices that complement existing regulatory programs and 21 specifies how those best management practices are implemented 22 and verified. The interagency agreement shall address measures 23 to be taken by the department and the district during any best 24 management practice reevaluation performed pursuant to 25 sub-subparagraph d. 26 a. The department and the district are directed to 27 work with the University of Florida's Institute of Food and 28 Agricultural Sciences to develop appropriate nutrient 29 application rates for all nonagricultural soil amendments in 30 the watershed. As provided in s. 403.067(7)(c), by January 1, 31 2001, the department, in consultation with the district and 141 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 affected parties, shall develop interim measures, best 2 management practices, or other measures necessary for Lake 3 Okeechobee phosphorus load reduction. Development of 4 nonagricultural nonpoint source best management practices 5 shall initially focus on those priority basins listed in 6 subparagraph (b)1. The department, the district, and affected 7 parties shall conduct an ongoing program for improvement of 8 existing and development of new interim measures or best 9 management practices. The district shall adopt 10 technology-based standards under the district's WOD program 11 for nonagricultural nonpoint sources of phosphorus. 12 b. Where nonagricultural nonpoint source best 13 management practices or interim measures have been developed 14 by the department and adopted by the district, the owner or 15 operator of a nonagricultural nonpoint source shall implement 16 interim measures or best management practices and be subject 17 to the provisions of s. 403.067(7). The department and 18 district shall provide technical and financial assistance for 19 implementation of nonagricultural nonpoint source best 20 management practices, subject to the availability of funds. 21 c. The district or the department shall conduct 22 monitoring at representative sites to verify the effectiveness 23 of nonagricultural nonpoint source best management practices. 24 d. Where water quality problems are detected for 25 nonagricultural nonpoint sources despite the appropriate 26 implementation of adopted best management practices, the 27 department and the district shall institute a reevaluation of 28 the best management practices. 29 3. The provisions of subparagraphs 1. and 2. shall not 30 preclude the department or the district from requiring 31 compliance with water quality standards or with current best 142 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 management practices requirements set forth in any applicable 2 regulatory program authorized by law for the purpose of 3 protecting water quality. Additionally, subparagraphs 1. and 4 2. are applicable only to the extent that they do not conflict 5 with any rules promulgated by the department that are 6 necessary to maintain a federally delegated or approved 7 program. 8 4. Projects which reduce the phosphorus load 9 originating from domestic wastewater systems within the Lake 10 Okeechobee watershed shall be given funding priority in the 11 department's revolving loan program under s. 403.1835. The 12 department shall coordinate and provide assistance to those 13 local governments seeking financial assistance for such 14 priority projects. 15 5. Projects that make use of private lands to reduce 16 nutrient loadings or concentrations within a basin by one or 17 more of the following methods: restoring the natural 18 hydrology of the basin, restoring wildlife habitat or impacted 19 wetlands, reducing peak flows after storm events, increasing 20 aquifer recharge, or protecting range and timberland from 21 conversion to development, are eligible for grants available 22 under this section from the coordinating agencies. For 23 projects of otherwise equal priority, special funding priority 24 will be given to those projects that make best use of the 25 methods outlined above that involve public-private 26 partnerships or that obtain federal match money. Preference 27 ranking above the special funding priority will be given to 28 projects located in a rural area of critical economic concern 29 designated by the Governor. Grant applications may be 30 submitted by any person, and eligible projects may include, 31 but are not limited to, the purchase of conservation and 143 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 flowage easements, hydrologic restoration of wetlands, 2 creating treatment wetlands, development of a management plan 3 for natural resources, and financial support to implement a 4 management plan. 5 6.5.a. The department shall require all entities 6 disposing of domestic wastewater residuals within the Lake 7 Okeechobee watershed and the remaining areas of Okeechobee, 8 Glades, and Hendry Counties to develop and submit to the 9 department by July 1, 2001, an agricultural use plan that 10 limits applications based upon phosphorus loading. By July 1, 11 2005, phosphorus concentrations loading originating from these 12 application sites shall not exceed the limits established in 13 the district's WOD program. 14 b. Private and government-owned utilities within 15 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 16 River, Okeechobee, Highlands, Hendry, and Glades counties that 17 dispose of wastewater residual sludge from utility operations 18 and septic removal by land spreading in the Lake Okeechobee 19 watershed may use a line item on local sewer rates to cover 20 wastewater residual treatment and disposal if such disposal 21 and treatment is done by approved alternative treatment 22 methodology at a facility located within the areas designated 23 by the Governor as rural areas of critical economic concern 24 pursuant to s. 288.0656. This additional line item is an 25 environmental protection disposal fee above the present sewer 26 rate and shall not be considered a part of the present sewer 27 rate to customers, notwithstanding provisions to the contrary 28 in chapter 367. The fee shall be established by the county 29 commission or its designated assignee in the county in which 30 the alternative method treatment facility is located. The fee 31 shall be calculated to be no higher than that necessary to 144 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 recover the facility's prudent cost of providing the service. 2 Upon request by an affected county commission, the Florida 3 Public Service Commission will provide assistance in 4 establishing the fee. Further, for utilities and utility 5 authorities that use the additional line item environmental 6 protection disposal fee, such fee shall not be considered a 7 rate increase under the rules of the Public Service Commission 8 and shall be exempt from such rules. Utilities using the 9 provisions of this section may immediately include in their 10 sewer invoicing the new environmental protection disposal fee. 11 Proceeds from this environmental protection disposal fee shall 12 be used for treatment and disposal of wastewater residuals, 13 including any treatment technology that helps reduce the 14 volume of residuals that require final disposal, but such 15 proceeds shall not be used for transportation or shipment 16 costs for disposal or any costs relating to the land 17 application of residuals in the Lake Okeechobee watershed. 18 c. No less frequently than once every 3 years, the 19 Florida Public Service Commission or the county commission 20 through the services of an independent auditor shall perform a 21 financial audit of all facilities receiving compensation from 22 an environmental protection disposal fee. The Florida Public 23 Service Commission or the county commission through the 24 services of an independent auditor shall also perform an audit 25 of the methodology used in establishing the environmental 26 protection disposal fee. The Florida Public Service Commission 27 or the county commission shall, within 120 days after 28 completion of an audit, file the audit report with the 29 President of the Senate and the Speaker of the House of 30 Representatives and shall provide copies to the county 31 commissions of the counties set forth in sub-subparagraph b. 145 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 The books and records of any facilities receiving compensation 2 from an environmental protection disposal fee shall be open to 3 the Florida Public Service Commission and the Auditor General 4 for review upon request. 5 7. The Department of Health shall require all entities 6 disposing of septage within the Lake Okeechobee watershed and 7 the remaining areas of Okeechobee, Glades, and Hendry Counties 8 to develop and submit to that agency, by July 1, 2003, an 9 agricultural use plan that limits applications based upon 10 phosphorus loading. By July 1, 2005, phosphorus 11 concentrations originating from these application sites shall 12 not exceed the limits established in the district's WOD 13 program. 14 8.6. By July 1, 2001, The Department of Agriculture 15 and Consumer Services shall initiate rulemaking requiring 16 entities within the Lake Okeechobee watershed and the 17 remaining areas of Okeechobee, Glades, and Hendry Counties 18 which land-apply animal manure to develop conservation or 19 nutrient management plans that limit application, based upon 20 phosphorus loading. Such rules may include criteria and 21 thresholds for the requirement to develop a conservation or 22 nutrient management plan, requirements for plan approval, and 23 recordkeeping requirements. 24 9.7. Prior to authorizing a discharge into works of 25 the district, the district shall require responsible parties 26 to demonstrate that proposed changes in land use will not 27 result in increased phosphorus loading over that of existing 28 land uses. 29 10.8. The district, the department, or the Department 30 of Agriculture and Consumer Services, as appropriate, shall 31 implement those alternative nutrient reduction technologies 146 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 determined to be feasible pursuant to subparagraph (d)6. 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 108, line 30, through 9 page 115, line 2, delete those lines 10 11 and insert: 12 An act relating to growth management; amending 13 s. 163.3174, F.S.; requiring that the 14 membership of all local planning agencies or 15 equivalent agencies that review comprehensive 16 plan amendments and rezonings include a 17 nonvoting representative of the district school 18 board; amending s. 163.3177, F.S.; revising 19 elements of comprehensive plans; revising 20 provisions governing the regulation of 21 intensity of use in the future land use map; 22 providing for intergovernmental coordination 23 between local governments and district school 24 boards where a public-school-facilities element 25 has been adopted; requiring certain local 26 governments to prepare an inventory of 27 service-delivery interlocal agreements; 28 requiring local governments to provide the 29 Legislature with recommendations regarding 30 annexation; requiring local governments to 31 consider water-supply data and analysis in 147 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 their potable-water and conservation elements; 2 repealing s. 163.31775, F.S., which provides 3 for intergovernmental coordination element 4 rules; creating s. 163.31776, F.S.; providing 5 legislative intent and findings with respect to 6 a public educational facilities element; 7 providing for certain municipalities to be 8 exempt; requiring that the public educational 9 facilities element include certain provisions; 10 providing requirements for future land-use 11 maps; providing a process for adopting the 12 public educational facilities element; creating 13 s.163.31777, F.S.; requiring certain local 14 governments and school boards to enter into a 15 public schools interlocal agreement; providing 16 a schedule; providing for the content of the 17 interlocal agreement; providing a waiver 18 procedure associated with school districts 19 having decreasing student population; providing 20 a procedure for adoption and administrative 21 challenge; providing sanctions for the failure 22 to enter an interlocal agreement; providing 23 that a public school's interlocal agreement may 24 only establish interlocal coordination 25 procedures unless specific goals, objectives, 26 and policies contained in the agreement are 27 incorporated into the plan; amending s. 28 163.3180, F.S.; providing an exemption from 29 concurrency for certain urban infill areas; 30 amending s. 163.3184, F.S.; revising 31 definitions; revising provisions governing the 148 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 process for adopting comprehensive plans and 2 plan amendments; amending s. 163.3187, F.S.; 3 conforming a cross-reference; authorizing the 4 adoption of a public educational facilities 5 element, notwithstanding certain limitations; 6 amending s. 163.3191, F.S., relating to 7 evaluation and appraisal of comprehensive 8 plans; conforming provisions to changes made by 9 the act; requiring an evaluation of whether the 10 potable-water element considers the appropriate 11 water management district's regional water 12 supply plan and includes a workplan for 13 building new water supply facilities; requiring 14 local governments within coastal high-hazard 15 areas to address certain issues in the 16 evaluation and appraisal of their comprehensive 17 plans; amending s. 163.3215, F.S.; revising the 18 methods for challenging the consistency of a 19 development order with a comprehensive plan; 20 redefining the term "aggrieved or adversely 21 affected party"; creating s. 163.3246, F.S.; 22 creating a Local Government Comprehensive 23 Planning certification Program to be 24 administered by the Department of Community 25 Affairs; defining the purpose of the 26 certification area to designate areas that are 27 appropriate for urban growth within a 10-year 28 timeframe; providing for certification 29 criteria; specifying the contents of the 30 certification agreement; providing evaluation 31 criteria; authorizing the Department of 149 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 Community Affairs to adopt procedural rules; 2 providing for the revocation of certification 3 agreements; providing for the rights of 4 affected persons to challenge local government 5 compliance with certification agreements; 6 eliminating state and regional review of 7 certain local comprehensive plan amendments 8 within certified areas; providing exceptions; 9 providing for the periodic review of a local 10 government's certification by the Department of 11 Community Affairs; requiring the submission of 12 biennial reports to the Governor and 13 Legislature; providing for review of the 14 certification program by the Office of Program 15 Policy Analysis and Government Accountability; 16 amending s. 186.504, F.S.; adding an elected 17 school board member to the membership of each 18 regional planning council; amending s. 212.055, 19 F.S.; providing for the levy of the 20 infrastructure sales surtax and the school 21 capital outlay surtax by a two-thirds vote and 22 requiring certain educational facility planning 23 prior to the levy of the school capital outlay 24 surtax; providing for the uses of the surtax 25 proceeds; amending s. 235.002, F.S.; revising 26 legislative intent; reenacting and amending s. 27 235.15, F.S.; revising requirements for 28 educational plant surveys; revising 29 requirements for review and validation of such 30 surveys; amending s. 235.175, F.S.; requiring 31 school districts to adopt educational 150 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 facilities plans; amending s. 235.18, F.S., 2 relating to capital outlay budgets of school 3 boards; conforming provisions; amending s. 4 235.185, F.S.; requiring school district 5 educational facilities plans; providing 6 definitions; specifying projections and other 7 information to be included in the plans; 8 providing requirements for the plans; requiring 9 district school boards to submit a tentative 10 plan to the local government; providing for 11 adopting and executing the plans; creating s. 12 235.1851, F.S.; providing legislative intent; 13 authorizing the creation of educational 14 facilities benefit districts pursuant to 15 interlocal agreement; providing for creation of 16 an educational facilities benefit district 17 through adoption of an ordinance; specifying 18 content of such ordinances; providing for the 19 creating entity to be the local general purpose 20 government within whose boundaries a majority 21 of the educational facilities benefit 22 district's lands are located; providing that 23 educational facilities benefit districts may 24 only be created with the consent of the 25 district school board, all affected local 26 general purpose governments, and all landowners 27 within the district; providing for the 28 membership of the governing boards of 29 educational facilities benefit districts; 30 providing the powers of educational facilities 31 benefit districts; authorizing community 151 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 development districts, created pursuant to ch. 2 190, F.S., to be eligible for financial 3 enhancements available to educational 4 facilities benefit districts; conditioning such 5 eligibility upon the establishment of an 6 interlocal agreement; creating s. 235.1852, 7 F.S.; providing funding for educational 8 facilities benefit districts and community 9 development districts; creating s. 235.1853, 10 F.S.; providing for the utilization of 11 educational facilities built pursuant to this 12 act; amending s. 235.188, F.S.; conforming 13 provisions; amending s. 235.19, F.S.; providing 14 that site planning and selection must be 15 consistent with interlocal agreements entered 16 between local governments and school boards; 17 amending s. 235.193, F.S.; requiring school 18 districts to enter certain interlocal 19 agreements with local governments; providing a 20 schedule; providing for the content of the 21 interlocal agreement; providing a waiver 22 procedure associated with school districts 23 having decreasing student population; providing 24 a procedure for adoption and administrative 25 challenge; providing sanctions for failure to 26 enter an agreement; providing that a public 27 school's interlocal agreement may not be used 28 by a local government as the sole basis for 29 denying a comprehensive plan amendment or 30 development order; providing requirements for 31 preparing a district educational facilities 152 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 report; repealing s. 235.194, F.S., relating to 2 the general educational facilities report; 3 amending s. 235.218, F.S.; requiring the SMART 4 Schools Clearinghouse to adopt measures for 5 evaluating the school district educational 6 facilities plans; amending s. 235.2197, F.S.; 7 correcting a statutory cross-reference; 8 amending ss. 235.321, 236.25, F.S.; conforming 9 provisions; amending s. 380.04, F.S.; revising 10 the definition of "development" with regard to 11 the transmission of electricity within an 12 existing right-of-way; amending s. 380.06, 13 F.S., relating to developments of regional 14 impact; removing a rebuttable presumption with 15 respect to application of the statewide 16 guidelines and standards and revising the fixed 17 thresholds; providing for designation of a lead 18 regional planning council; providing for 19 submission of biennial, rather than annual, 20 reports by the developer; authorizing 21 submission of a letter, rather than a report, 22 under certain circumstances; providing for 23 amendment of development orders with respect to 24 report frequency; revising provisions governing 25 substantial deviation standards for 26 developments of regional impact; providing that 27 certain renovation or redevelopment of a 28 previously approved development of regional 29 impact is not a substantial deviation; 30 providing a statutory exemption from the 31 development-of-regional-impact process for 153 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 petroleum storage facilities and certain 2 renovation or redevelopment; amending s. 3 380.0651, F.S.; revising the guidelines and 4 standards for office development, and retail 5 and service development; providing application 6 with respect to developments that have received 7 a development-of-regional-impact development 8 order or that have an application for 9 development approval or notification of 10 proposed change pending; amending s. 163.3194, 11 F.S.; providing that a local government shall 12 not deny an application for a development 13 approval for a requested land use for certain 14 approved solid waste management facilities that 15 have previously received a land use 16 classification change allowing the requested 17 land use on the same property; providing 18 legislative intent with respect to the 19 inapplicability of specified portions of the 20 act to pending litigation or future appeals; 21 providing a legislative finding that the act is 22 a matter of great public importance; amending 23 s. 403.064, F.S.; requiring the reuse of 24 reclaimed water when feasible; requiring the 25 dissemination of public information regarding 26 the status of major water sources; amending s. 27 403.1835, F.S.; providing for below-market 28 interest rate loans to qualified entities; 29 repealing s. 373.498, F.S., relating to 30 disbursements from the water resources 31 development account; amending s. 367.022, F.S.; 154 10:24 PM 03/21/02 s1906c1c-09j02
SENATE AMENDMENT Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ Barcode 144778 1 providing an exemption from regulation by the 2 Florida Public Service Commission for certain 3 water suppliers who provide nonpotable water 4 for fireflow; amending s. 373.1961, F.S.; 5 providing requirements for disbursements for 6 alternative water supply projects; repealing s. 7 403.804(3), F.S., relating to obsolete 8 provisions concerning grants for water and 9 wastewater facilities; amending s. 373.4595, 10 F.S.; providing eligibility requirements for 11 projects that reduce nutrient outputs on 12 private lands for grants available from 13 coordinating agencies; providing additional 14 entities required to develop agricultural use 15 plans limiting residual applications based on 16 phosphorus loading; providing a deadline for 17 meeting phosphorus concentration limitations 18 established in the water management district's 19 WOD program; requiring certain entities to 20 develop and submit agricultural use plans 21 limiting septage applications based on 22 phosphorus loading to the Department of Health 23 by a specified date; providing a deadline for 24 meeting phosphorus concentrations limitations 25 established in the water management district's 26 WOD program; providing additional entities 27 required to develop conservation or nutrient 28 management plans limiting the land application 29 of manure based on phosphorus loading; 30 providing an effective date. 31 155 10:24 PM 03/21/02 s1906c1c-09j02