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



                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senators Constantine, Peaden and Clary moved the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

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

19  Statutes, is amended to read:

20         163.3174  Local planning agency.--

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

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

23  shall designate and by ordinance establish a "local planning

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

25  Notwithstanding any special act to the contrary, all local

26  planning agencies or equivalent agencies that first review

27  rezoning and comprehensive plan amendments in each

28  municipality and county shall include a representative of the

29  school district appointed by the school board as a nonvoting

30  member of the local planning agency or equivalent agency to

31  attend those meetings at which the agency considers

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  comprehensive plan amendments and rezonings that would, if

  2  approved, increase residential density on the property that is

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

  4  not prevent the governing body of the local government from

  5  granting voting status to the school board member. The

  6  governing body may designate itself as the local planning

  7  agency pursuant to this subsection with the addition of a

  8  nonvoting school board representative. The governing body

  9  shall notify the state land planning agency of the

10  establishment of its local planning agency. All local planning

11  agencies shall provide opportunities for involvement by

12  district school boards and applicable community college

13  boards, which may be accomplished by formal representation,

14  membership on technical advisory committees, or other

15  appropriate means. The local planning agency shall prepare the

16  comprehensive plan or plan amendment after hearings to be held

17  after public notice and shall make recommendations to the

18  governing body regarding the adoption or amendment of the

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

20  planning department of the local government, or other

21  instrumentality, including a countywide planning entity

22  established by special act or a council of local government

23  officials created pursuant to s. 163.02, provided the

24  composition of the council is fairly representative of all the

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

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

27  effective date of this act which authorizes the governing

28  bodies to adopt and enforce a land use plan effective

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

30  agency for those local governments until such time as the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  responsibility between the county and the several

  3  municipalities therein shall be as stipulated in the charter.

  4         Section 2.  Subsection (4) and paragraphs (a), (c),

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

  6  Statutes, are amended to read:

  7         163.3177  Required and optional elements of

  8  comprehensive plan; studies and surveys.--

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

10  with the comprehensive plans of adjacent municipalities, the

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

12  water management district's regional water supply plans

13  approved pursuant to s. 373.0361; with adopted rules

14  pertaining to designated areas of critical state concern; and

15  with the state comprehensive plan shall be a major objective

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

17  the preparation of a comprehensive plan or element thereof,

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

19  governing body shall include a specific policy statement

20  indicating the relationship of the proposed development of the

21  area to the comprehensive plans of adjacent municipalities,

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

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

24  adopted plans or plans in preparation may exist.

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

26  government jurisdiction is or becomes part of a designated

27  area of critical state concern, the local government shall

28  clearly identify those portions of the local comprehensive

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

30  indicate the relationship of the proposed development of the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1         (6)  In addition to the requirements of subsections

  2  (1)-(5), the comprehensive plan shall include the following

  3  elements:

  4         (a)  A future land use plan element designating

  5  proposed future general distribution, location, and extent of

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

  7  industry, agriculture, recreation, conservation, education,

  8  public buildings and grounds, other public facilities, and

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

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

11  included and must plan shall include standards to be followed

12  in the control and distribution of population densities and

13  building and structure intensities.  The proposed

14  distribution, location, and extent of the various categories

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

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

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

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

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

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

21  including the amount of land required to accommodate

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

23  character of undeveloped land; the availability of public

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

25  blighted areas and the elimination of nonconforming uses which

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

27  rural communities, the need for job creation, capital

28  investment, and economic development that will strengthen and

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

30  may designate areas for future planned development use

31  involving combinations of types of uses for which special

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  regulations may be necessary to ensure development in accord

  2  with the principles and standards of the comprehensive plan

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

  4  of land designated for future planned industrial use shall be

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

  6  creation, capital investment, and the necessity to strengthen

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

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

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

10  possible future municipal incorporation. The land use maps or

11  map series shall generally identify and depict historic

12  district boundaries and shall designate historically

13  significant properties meriting protection.  The future land

14  use element must clearly identify the land use categories in

15  which public schools are an allowable use.  When delineating

16  the land use categories in which public schools are an

17  allowable use, a local government shall include in the

18  categories sufficient land proximate to residential

19  development to meet the projected needs for schools in

20  coordination with public school boards and may establish

21  differing criteria for schools of different type or size.

22  Each local government shall include lands contiguous to

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

24  the land use categories in which public schools are an

25  allowable use. All comprehensive plans must comply with the

26  school siting requirements of this paragraph no later than

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

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

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

30  amend the local comprehensive plan, except for plan amendments

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  requirements are met. Amendments An amendment proposed by a

  2  local government for purposes of identifying the land use

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

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

  5  163.31776(3) are is exempt from the limitation on the

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

  7  future land use element shall include criteria that which

  8  encourage the location of schools proximate to urban

  9  residential areas to the extent possible and shall require

10  that the local government seek to collocate public facilities,

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

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

13  schools as focal points for neighborhoods. For schools serving

14  predominantly rural counties, defined as a county with a

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

16  category shall be eligible for the location of public school

17  facilities if the local comprehensive plan contains school

18  siting criteria and the location is consistent with such

19  criteria.

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

21  potable water, and natural groundwater aquifer recharge

22  element correlated to principles and guidelines for future

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

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

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

26  detailed engineering plan including a topographic map

27  depicting areas of prime groundwater recharge. The element

28  shall describe the problems and needs and the general

29  facilities that will be required for solution of the problems

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

31  depicting any areas adopted by a regional water management

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  district as prime groundwater recharge areas for the Floridan

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

  3  shall be given special consideration when the local government

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

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

  6  surveys shall be provided which indicate the suitability of

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

  8  and Appraisal Report adoption deadline established for the

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

10  occurs first, the element must consider the appropriate water

11  management district's regional water supply plan approved

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

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

14  water supply facilities that are identified in the element as

15  necessary to serve existing and new development and for which

16  the local government is responsible.

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

18  and protection of natural resources in the area, including

19  air, water, water recharge areas, wetlands, waterwells,

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

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

22  marine habitat, minerals, and other natural and environmental

23  resources.  Local governments shall assess their current, as

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

25  10-year period, considering the appropriate regional water

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

27  absence of an approved regional water supply plan, the

28  district water management plan approved pursuant to s.

29  373.036(2).  This information shall be submitted to the

30  appropriate agencies.  The land use map or map series

31  contained in the future land use element shall generally

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  identify and depict the following:

  2         1.  Existing and planned waterwells and cones of

  3  influence where applicable.

  4         2.  Beaches and shores, including estuarine systems.

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

  6         4.  Wetlands.

  7         5.  Minerals and soils.

  8

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

10  applicable state law and rules.

11         (h)1.  An intergovernmental coordination element

12  showing relationships and stating principles and guidelines to

13  be used in the accomplishment of coordination of the adopted

14  comprehensive plan with the plans of school boards and other

15  units of local government providing services but not having

16  regulatory authority over the use of land, with the

17  comprehensive plans of adjacent municipalities, the county,

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

19  comprehensive plan and with the applicable regional water

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

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

22  exist.  This element of the local comprehensive plan shall

23  demonstrate consideration of the particular effects of the

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

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

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

27         a.  The intergovernmental coordination element shall

28  provide for procedures to identify and implement joint

29  planning areas, especially for the purpose of annexation,

30  municipal incorporation, and joint infrastructure service

31  areas.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1         b.  The intergovernmental coordination element shall

  2  provide for recognition of campus master plans prepared

  3  pursuant to s. 240.155.

  4         c.  The intergovernmental coordination element may

  5  provide for a voluntary dispute resolution process as

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

  7  a timely manner intergovernmental disputes.  A local

  8  government may develop and use an alternative local dispute

  9  resolution process for this purpose.

10         2.  The intergovernmental coordination element shall

11  further state principles and guidelines to be used in the

12  accomplishment of coordination of the adopted comprehensive

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

14  government providing facilities and services but not having

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

16  intergovernmental coordination element shall describe joint

17  processes for collaborative planning and decisionmaking on

18  population projections and public school siting, the location

19  and extension of public facilities subject to concurrency, and

20  siting facilities with countywide significance, including

21  locally unwanted land uses whose nature and identity are

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

23  intergovernmental coordination elements, each county, all the

24  municipalities within that county, the district school board,

25  and any unit of local government service providers in that

26  county shall establish by interlocal or other formal agreement

27  executed by all affected entities, the joint processes

28  described in this subparagraph consistent with their adopted

29  intergovernmental coordination elements.

30         3.  To foster coordination between special districts

31  and local general-purpose governments as local general-purpose

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  governments implement local comprehensive plans, each

  2  independent special district must submit a public facilities

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

  4  189.415.

  5         4.a.  Local governments adopting a public educational

  6  facilities element pursuant to s. 163.31776 must execute an

  7  interlocal agreement with the district school board, the

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

  9  163.31776(1), which includes the items listed in s.

10  163.31777(2). The local government shall amend the

11  intergovernmental coordination element to provide that

12  coordination between the local government and school board is

13  pursuant to the agreement and shall state the obligations of

14  the local government under the agreement.

15         b.  Plan amendments that comply with this subparagraph

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

17         5.  The state land planning agency shall establish a

18  schedule for phased completion and transmittal of plan

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

20  jurisdictions so as to accomplish their adoption by December

21  31, 1999.  A local government may complete and transmit its

22  plan amendments to carry out these provisions prior to the

23  scheduled date established by the state land planning agency.

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

25  163.3187(1).

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

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

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

29  Department of Community Affairs which:

30         a.  Identifies all existing or proposed interlocal

31  service-delivery agreements regarding the following:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  drainage; potable water; parks and recreation; and

  3  transportation facilities.

  4         b.  Identifies any deficits or duplication in the

  5  provision of services within its jurisdiction, whether capital

  6  or operational. Upon request, the Department of Community

  7  Affairs shall provide technical assistance to the local

  8  governments in identifying deficits or duplication.

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

10  Department of Community Affairs shall, through the appropriate

11  regional planning council, coordinate a meeting of all local

12  governments within the regional planning area to discuss the

13  reports and potential strategies to remedy any identified

14  deficiencies or duplications.

15         8.  Each local government shall update its

16  intergovernmental coordination element based upon the findings

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

18  may be used as supporting data and analysis for the

19  intergovernmental coordination element.

20         9.  By February 1, 2003, representatives of

21  municipalities, counties, and special districts shall provide

22  to the Legislature recommended statutory changes for

23  annexation, including any changes that address the delivery of

24  local government services in areas planned for annexation.

25         Section 3.  Section 163.31775, Florida Statutes, is

26  repealed.

27         Section 4.  Section 163.31776, Florida Statutes, is

28  created to read:

29         163.31776  Public educational facilities element.--

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

31  within the county, may adopt an optional public educational

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  facilities element in cooperation with the applicable school

  2  district. In order to enact an optional public educational

  3  facilities element, the county and each municipality, unless

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

  5  adopt a consistent public educational facilities element and

  6  enter the interlocal agreement pursuant to ss.

  7  163.3177(6)(h)4. and 163.31777(2). A municipality is exempt if

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

  9  meets the following criteria:

10         (a)  The municipality has no public schools located

11  within its boundaries; and

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

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

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

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

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

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

18  timeframes.

19         (2)  The public educational facilities element must be

20  based on data and analysis, including the interlocal agreement

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

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

23  government public educational facilities element within a

24  county must be consistent with the other elements and must

25  address:

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

27  addressing improvements to infrastructure, safety, and

28  community conditions in areas proximate to existing public

29  schools.

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

31  infrastructure necessary to support proposed schools,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

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

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

  4  signalization.

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

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

  7  public schools.

  8         (d)  Location of schools proximate to residential areas

  9  and to complement patterns of development, including using

10  elementary schools as focal points for neighborhoods.

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

12  shelters.

13         (f)  Consideration of the existing and planned capacity

14  of public schools when reviewing comprehensive plan amendments

15  and rezonings that are likely to increase residential

16  development and that are reasonably expected to have an impact

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

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

19  standards for public schools, and the financially feasible

20  5-year district facilities work program adopted by the school

21  board pursuant to s. 235.185.

22         (g)  A uniform methodology for determining school

23  capacity consistent with the interlocal agreement entered

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

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

26  maps that are the result of a collaborative process for

27  identifying school sites in the educational facilities plan

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

29  show the locations of existing public schools and the general

30  locations of improvements to existing schools or new schools

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

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

  3  general locations of future schools or school improvements

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

  5  land.

  6         (4)  The process for adopting a public educational

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

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

  9  school facilities element pursuant to the procedures outlined

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

11  SMART Schools Clearinghouse of the Commissioner of Education

12  for review and comment.

13         (5)  Plan amendments to adopt a public educational

14  facilities element are exempt from the provisions of s.

15  163.3187(1).

16         Section 5.  Section 163.31777, Florida Statutes, is

17  created to read:

18         163.31777  Public schools interlocal agreement.--

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

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

21  interlocal agreement with the district school board which

22  jointly establishes the specific ways in which the plans and

23  processes of the district school board and the local

24  governments are to be coordinated. The interlocal agreements

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

26  Office of Educational Facilities and the SMART Schools

27  Clearinghouse in accordance with a schedule published by the

28  state land planning agency.

29         (b)  The schedule must establish staggered due dates

30  for submission of interlocal agreements that are executed by

31  both the local government and the district school board,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  2004, and must set the same date for all governmental entities

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

  4  school district is located contains more than 20

  5  municipalities, the state land planning agency may establish

  6  staggered due dates for the submission of interlocal

  7  agreements by these municipalities. The schedule must begin

  8  with those areas where both the number of districtwide

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

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

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

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

13  greater.

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

15  5-year period preceding the due date for submittal of an

16  interlocal agreement by the local government and the district

17  school board, the local government and the district school

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

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

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

21  unnecessary because of the school district's declining school

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

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

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

25  that the conditions upon which the waiver was granted no

26  longer exist. The district school board and local governments

27  must submit an interlocal agreement within 1 year after

28  notification by the state land planning agency that the

29  conditions for a waiver no longer exist.

30         (d)  Interlocal agreements between local governments

31  and district school boards adopted pursuant to s. 163.3177

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  executed pursuant to the requirements of this section, if

  3  necessary. Amendments to interlocal agreements adopted

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

  5  planning agency within 30 days after execution by the parties

  6  for review consistent with this section. Local governments and

  7  the district school board in each school district are

  8  encouraged to adopt a single interlocal agreement to which all

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

10  and make available model interlocal agreements meeting the

11  requirements of this section and notify local governments and,

12  jointly with the Department of Education, the district school

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

14  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         (2)  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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  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, proposed

16  expansion, or redevelopment of existing schools. The process

17  must address identification of the party or parties

18  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 relating to 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 district school

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

28  educational plant survey prepared pursuant to s. 235.185.

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

30  of either school board or local government facilities can be

31  shared for mutual benefit and efficiency.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  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         (3)(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 (2), 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 whether the

31  interlocal agreement is consistent or inconsistent with the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  requirements of subsection (2) 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 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 (2) 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 school board and local government.

14  The district school board and local governments are parties to

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

16  planning agency finds the interlocal agreement to be

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

18  subsection, the interlocal agreement shall be determined to be

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

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

21  consistency is fairly debatable. When the state planning

22  agency finds the interlocal agreement to be inconsistent with

23  the requirements of subsection (2) 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 (2) or this subsection, it

31  shall forward it to the Administration Commission, which may

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  impose sanctions against the local government pursuant to s.

  2  163.3184(11) and may impose sanctions against the district

  3  school board by directing the Department of Education to

  4  withhold from the district school board an equivalent amount

  5  of funds for school construction available pursuant to ss.

  6  235.187, 235.216, 235.2195, and 235.42.

  7         (4)  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, 235.42.

24         (5)  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 this section if

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

30  effective date of this section and remains in effect.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  municipalities having no established need for a new school

  2  facility and meeting the following criteria are exempt from

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

  4         (a)  The municipality has no public schools located

  5  within its boundaries.

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

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

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

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

10  district school board must verify in writing that no new

11  school facility will be needed in the municipality within the

12  5-year and 10-year timeframes.

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

14  report, each exempt municipality shall assess the extent to

15  which it continues to meet the criteria for exemption under

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

17  criteria and the district school board verifies in writing

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

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

20  exempt from the interlocal-agreement requirement. Each

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

22  provisions of this section within 1 year after the district

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

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

25         Section 6.  Subsection (4) of section 163.3180, Florida

26  Statutes, is amended to read:

27         163.3180  Concurrency.--

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

29  local comprehensive plans applies to state and other public

30  facilities and development to the same extent that it applies

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1         (b)  The concurrency requirement as implemented in

  2  local comprehensive plans does not apply to public transit

  3  facilities.  For the purposes of this paragraph, public

  4  transit facilities include transit stations and terminals,

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

  6  transit connection or transfer facilities, and fixed bus,

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

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

  9  airports or seaports or commercial or residential development

10  constructed in conjunction with a public transit facility.

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

12  to transportation facilities, as implemented in local

13  government comprehensive plans may be waived by a local

14  government for urban infill and redevelopment areas designated

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

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

17  its local government comprehensive plan.  The waiver shall be

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

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

20  concurrency exception pursuant to subsection (5) for

21  transportation facilities located within these urban infill

22  and redevelopment areas.

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

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

25  163.3184, Florida Statutes, are amended to read:

26         163.3184  Process for adoption of comprehensive plan or

27  plan amendment.--

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

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

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

31  operating a business within the boundaries of the local

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

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

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

  4  governments that can demonstrate that the plan or plan

  5  amendment will produce substantial impacts on the increased

  6  need for publicly funded infrastructure or substantial impacts

  7  on areas designated for protection or special treatment within

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

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

10  also have submitted oral or written comments, recommendations,

11  or objections to the local government during the period of

12  time beginning with the transmittal hearing for the plan or

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

14  plan amendment.

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

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

17  government adopts an educational facilities element, 163.3178,

18  163.3180, 163.3191, and 163.3245, with the state comprehensive

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

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

21  rule is not inconsistent with this part and with the

22  principles for guiding development in designated areas of

23  critical state concern.

24         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

25  AMENDMENT.--

26         (a)  Each local governing body shall transmit the

27  complete proposed comprehensive plan or plan amendment to the

28  state land planning agency, the appropriate regional planning

29  council and water management district, the Department of

30  Environmental Protection, the Department of State, and the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  plans, to the Fish and Wildlife Conservation Commission and

  3  the Department of Agriculture and Consumer Services,

  4  immediately following a public hearing pursuant to subsection

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

  6  procedural rules. The local governing body shall also transmit

  7  a copy of the complete proposed comprehensive plan or plan

  8  amendment to any other unit of local government or government

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

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

11  government may request a review by the state land planning

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

13  transmittal of an amendment.

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

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

16  to all state agencies designated by the state land planning

17  agency a complete copy of its adopted comprehensive plan

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

19  procedural rules. In the case of comprehensive plan

20  amendments, the local governing body shall transmit to the

21  state land planning agency, the appropriate regional planning

22  council and water management district, the Department of

23  Environmental Protection, the Department of State, and the

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

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

26  plans, to the Fish and Wildlife Conservation Commission and

27  the Department of Agriculture and Consumer Services the

28  materials specified in the state land planning agency's

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

30  a result of an evaluation and appraisal report adopted

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  appraisal report. Local governing bodies shall consolidate all

  2  proposed plan amendments into a single submission for each of

  3  the two plan amendment adoption dates during the calendar year

  4  pursuant to s. 163.3187.

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

  6  amendment previously transmitted pursuant to this subsection,

  7  unless review is requested or otherwise initiated pursuant to

  8  subsection (6).

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

10  multiple individual amendments that can be clearly and legally

11  separated and distinguished for the purpose of determining

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

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

14  amendments and the local government chooses to immediately

15  adopt the remaining amendments not reviewed, the amendments

16  immediately adopted and any reviewed amendments that the local

17  government subsequently adopts together constitute one

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

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

20  comprehensive plan amendment is requested or otherwise

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

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

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

24  amendment to various government agencies, as appropriate, for

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

26  Department of Environmental Protection, the Department of

27  Transportation, the water management district, and the

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

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

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

31  provide comments to the state land planning agency within 30

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  complete proposed plan amendment. If the plan or plan

  3  amendment includes or relates to the public school facilities

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

  5  agency shall submit a copy to the Office of Educational

  6  Facilities of the Commissioner of Education for review and

  7  comment. The appropriate regional planning council shall also

  8  provide its written comments to the state land planning agency

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

10  of the complete proposed plan amendment and shall specify any

11  objections, recommendations for modifications, and comments of

12  any other regional agencies to which the regional planning

13  council may have referred the proposed plan amendment. Written

14  comments submitted by the public within 30 days after notice

15  of transmittal by the local government of the proposed plan

16  amendment will be considered as if submitted by governmental

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

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

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

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

21  proposed plan amendment upon request of a regional planning

22  council, affected person, or local government transmitting the

23  plan amendment. The request from the regional planning council

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

25  30 days after transmittal of the proposed plan amendment

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

27  of its objections, recommendations, and comments regarding the

28  proposed plan amendment.  A regional planning council or

29  affected person requesting a review shall do so by submitting

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  notice.

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

  3  proposed plan amendment regardless of whether a request for

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

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

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

  7  receipt of transmittal of the complete proposed plan amendment

  8  pursuant to subsection (3).

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

10  rule a schedule for receipt of comments from the various

11  government agencies, as well as written public comments,

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

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

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

15  shall issue a report giving its objections, recommendations,

16  and comments regarding the proposed amendment within 60 days

17  after receipt of the complete proposed amendment by the state

18  land planning agency. The state land planning agency shall

19  have 30 days to review comments from the various government

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

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

22  agency shall transmit in writing its comments to the local

23  government along with any objections and any recommendations

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

25  has implemented a permitting program, the state land planning

26  agency shall not require a local government to duplicate or

27  exceed that permitting program in its comprehensive plan or to

28  implement such a permitting program in its land development

29  regulations.  Nothing contained herein shall prohibit the

30  state land planning agency in conducting its review of local

31  plans or plan amendments from making objections,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  recommendations, and comments or making compliance

  2  determinations regarding densities and intensities consistent

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

  4  the state land planning agency shall only base its

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

  6  source.

  7         (d)  The state land planning agency review shall

  8  identify all written communications with the agency regarding

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

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

11  the local government all written communications received 30

12  days after transmittal. The written identification must

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

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

15  the documents to be identified and copies requested, if

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

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

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

19  planning agency.

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

21  PLAN OR AMENDMENTS AND TRANSMITTAL.--

22         (a)  The local government shall review the written

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

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

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

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

27  matter, and admissible in any proceeding in which the

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

29  local government, upon receipt of written comments from the

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

31  adopt with changes the proposed comprehensive plan or s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1  163.3191 plan amendments.  In the case of comprehensive plan

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

  3  the local government shall have 60 days to adopt the

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

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

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

  7  plan amendment, other than a plan amendment proposed pursuant

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

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

10  shall transmit the complete adopted comprehensive plan or

11  adopted plan amendment, including the names and addresses of

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

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

14  rules within 10 working days after adoption.  The local

15  governing body shall also transmit a copy of the adopted

16  comprehensive plan or plan amendment to the regional planning

17  agency and to any other unit of local government or

18  governmental agency in the state that has filed a written

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

20  amendment.

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

22  the proposed plan amendment transmitted pursuant to subsection

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

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

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

26  planning agency did not raise any objections during its review

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

28  the transmittal letter that the plan amendment is unchanged

29  and was not the subject of objections.

30         (8)  NOTICE OF INTENT.--

31         (a)  If the transmittal letter correctly states that

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

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

  3  land planning agency has 20 days after receipt of the

  4  transmittal letter within which to issue a notice of intent

  5  that the plan amendment is in compliance.

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

  7  163.3187(3), the state land planning agency, upon receipt of a

  8  local government's complete adopted comprehensive plan or plan

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

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

11  unless the amendment is the result of a compliance agreement

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

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

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

15  determination must be based upon the plan amendment as

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

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

18  one or both of the following:

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

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

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

22  comprehensive plan or plan amendment as adopted.

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

24  subsection, the state land planning agency shall issue,

25  through a senior administrator or the secretary, as specified

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

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

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

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

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

31  The required advertisement shall be no less than 2 columns

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

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

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

  4  legal notices and classified advertisements appear.  The

  5  advertisement shall be published in a newspaper which meets

  6  the size and circulation requirements set forth in paragraph

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

  8  affected local government at the time of transmittal of the

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

10  notice of intent in the newspaper designated by the local

11  government shall be prima facie evidence of compliance with

12  the publication requirements of this section.

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

14  this subparagraph shall supersede the provisions of

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

16  subsection, the state land planning agency shall issue,

17  through a senior administrator or the secretary, as specified

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

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

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

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

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

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

24  advertisement shall be published in a newspaper that meets the

25  size and circulation requirements set forth in paragraph

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

27  affected local government at the time of transmittal of the

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

29  notice of intent in the newspaper designated by the local

30  government shall be prima facie evidence of compliance with

31  the publication requirements of this section. The state land

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                                                  SENATE AMENDMENT

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

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

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

  4  send by regular mail a courtesy informational statement to

  5  persons who provide their names and addresses to the local

  6  government at the transmittal hearing or at the adoption

  7  hearing where the local government has provided the names and

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

  9  transmittal of the adopted amendment. The informational

10  statements shall include the name of the newspaper in which

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

12  publication, the ordinance number of the plan or plan

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

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

15  petition. This subparagraph expires July 1, 2002.

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

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

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

19  copy of the agency's notice of intent.

20         (15)  PUBLIC HEARINGS.--

21         (a)  The procedure for transmittal of a complete

22  proposed comprehensive plan or plan amendment pursuant to

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

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

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

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

27  comprehensive plan or plan amendment shall be by ordinance.

28  For the purposes of transmitting or adopting a comprehensive

29  plan or plan amendment, the notice requirements in chapters

30  125 and 166 are superseded by this subsection, except as

31  provided in this part.

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

  2  advertised public hearings on the proposed comprehensive plan

  3  or plan amendment as follows:

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

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

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

  7  advertisement is published.

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

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

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

11  advertisement is published.

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

13  at the transmittal hearing and at the adoption hearing for

14  persons to provide their names and mailing addresses. The

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

16  requested information will receive a courtesy informational

17  statement concerning publications of the state land planning

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

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

20  submits written comments concerning the proposed plan or plan

21  amendment during the time period between the commencement of

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

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

24  providing written comments to accurately, completely, and

25  legibly provide all information needed in order to receive the

26  courtesy informational statement.

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

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

29  local government to satisfy the requirements of this

30  subsection.

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

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                                                  SENATE AMENDMENT

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  1  amendment changes the actual list of permitted, conditional,

  2  or prohibited uses within a future land use category or

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

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

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

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

  7         (16)  COMPLIANCE AGREEMENTS.--

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

  9  pursuant to a compliance agreement in accordance with the

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

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

12  local government shall hold a single adoption public hearing

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

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

15  a plan amendment, the local government shall transmit the

16  amendment to the state land planning agency as specified in

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

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

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

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

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

22  ss. 120.569 and 120.57 granted intervenor status.

23         Section 8.  Paragraph (c) is amended and paragraph (k)

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

25  Statutes, to read:

26         163.3187  Amendment of adopted comprehensive plan.--

27         (1)  Amendments to comprehensive plans adopted pursuant

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

29  calendar year, except:

30         (c)  Any local government comprehensive plan amendments

31  directly related to proposed small scale development

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                                                  SENATE AMENDMENT

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  1  activities may be approved without regard to statutory limits

  2  on the frequency of consideration of amendments to the local

  3  comprehensive plan. A small scale development amendment may be

  4  adopted only under the following conditions:

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

  6  or fewer and:

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

  8  small scale development amendments adopted by the local

  9  government shall not exceed:

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

11  contains areas specifically designated in the local

12  comprehensive plan for urban infill, urban redevelopment, or

13  downtown revitalization as defined in s. 163.3164, urban

14  infill and redevelopment areas designated under s. 163.2517,

15  transportation concurrency exception areas approved pursuant

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

17  central business districts approved pursuant to s.

18  380.06(2)(e); however, amendments under this paragraph may be

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

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

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

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

23  sub-sub-subparagraph (I).

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

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

26         b.  The proposed amendment does not involve the same

27  property granted a change within the prior 12 months.

28         c.  The proposed amendment does not involve the same

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

30  within the prior 12 months.

31         d.  The proposed amendment does not involve a text

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                                                  SENATE AMENDMENT

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

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

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

  4  scale development activity.

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

  6  amendment is not located within an area of critical state

  7  concern, unless the project subject to the proposed amendment

  8  involves the construction of affordable housing units meeting

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

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

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

12  amendment is not subject to the density limitations of

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

14  planning agency for consistency with the principles for

15  guiding development applicable to the area of critical state

16  concern where the amendment is located and shall not become

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

18         f.  If the proposed amendment involves a residential

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

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

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

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

23  urban infill, urban redevelopment, or downtown revitalization

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

25  areas designated under s. 163.2517, transportation concurrency

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

27  regional activity centers and urban central business districts

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

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

30  plan amendment pursuant to this paragraph is not required to

31  comply with the procedures and public notice requirements of

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                                                  SENATE AMENDMENT

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

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

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

  4  request for a plan amendment under this paragraph is initiated

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

  6         b.  The local government shall send copies of the

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

  8  regional planning council, and any other person or entity

  9  requesting a copy. This information shall also include a

10  statement identifying any property subject to the amendment

11  that is located within a coastal high hazard area as

12  identified in the local comprehensive plan.

13         3.  Small scale development amendments adopted pursuant

14  to this paragraph require only one public hearing before the

15  governing board, which shall be an adoption hearing as

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

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

18  elects to have them subject to those requirements.

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

20  educational facilities element pursuant to s. 163.31776 and

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

22  approved notwithstanding statutory limits on the frequency of

23  adopting plan amendments.

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

25  163.3191, Florida Statutes, is amended and paragraphs (l) and

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

27         163.3191  Evaluation and appraisal of comprehensive

28  plan.--

29         (2)  The report shall present an evaluation and

30  assessment of the comprehensive plan and shall contain

31  appropriate statements to update the comprehensive plan,

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

  2  other media, related to:

  3         (k)  The coordination of the comprehensive plan with

  4  existing public schools and those identified in the applicable

  5  educational 5-year school district facilities plan work

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

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

  8  coordination of the future land use map and associated planned

  9  residential development with public schools and their

10  capacities, as well as the joint decisionmaking processes

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

12  regard to establishing appropriate population projections and

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

14  issues are not relevant, the local government shall

15  demonstrate that they are not relevant.

16         (l)  The evaluation must consider the appropriate water

17  management district's regional water supply plan approved

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

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

20  planning period, for building any water supply facilities that

21  are identified in the element as necessary to serve existing

22  and new development and for which the local government is

23  responsible.

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

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

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

27  property rights of current residents when redevelopment

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

29  a natural disaster. The local government must identify

30  strategies to address redevelopment feasibility and the

31  property rights of affected residents. These strategies may

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1  include the authorization of redevelopment up to the actual

  2  built density in existence on the property prior to the

  3  natural disaster or redevelopment.

  4         Section 10.  Section 163.3215, Florida Statutes, is

  5  amended to read:

  6         163.3215  Standing to enforce local comprehensive plans

  7  through development orders.--

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

  9  methods for an aggrieved or adversely affected party to appeal

10  and challenge the consistency of a development order with a

11  comprehensive plan adopted under this part. The local

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

13  a respondent in all proceedings under this section. Subsection

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

15  government has established a process consistent with the

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

17  which types of development orders will proceed under

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

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

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

21  adversely affected party" means any person or local government

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

23  furthered by the local government comprehensive plan,

24  including interests related to health and safety, police and

25  fire protection service systems, densities or intensities of

26  development, transportation facilities, health care

27  facilities, equipment or services, and environmental or

28  natural resources.  The alleged adverse interest may be shared

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

30  must exceed in degree the general interest in community good

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1  or applicant for a development order.

  2         (3)(1)  Any aggrieved or adversely affected party may

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

  4  other relief against any local government to challenge any

  5  decision of such local government granting or denying an

  6  application for, or to prevent such local government from

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

  8  163.3164, which materially alters the use or density or

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

10  is not consistent with the comprehensive plan adopted under

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

12  days following rendition of a development order or other

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

14  any, are exhausted, whichever occurs later.

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

16  person or local government which will suffer an adverse effect

17  to an interest protected or furthered by the local government

18  comprehensive plan, including interests related to health and

19  safety, police and fire protection service systems, densities

20  or intensities of development, transportation facilities,

21  health care facilities, equipment or services, or

22  environmental or natural resources.  The alleged adverse

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

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

25  interest in community good shared by all persons.

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

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

28  planned unit development, variance, special exception,

29  conditional use, or other development order granted prior to

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

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1  available to challenge the consistency of a development order

  2  with a comprehensive plan adopted under this part.

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

  4  adopted an ordinance establishing, at a minimum, the

  5  requirements listed in this subsection, the sole method by

  6  which an aggrieved and adversely affected party may challenge

  7  any decision of local government granting or denying an

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

  9  163.3164, which materially alters the use or density or

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

11  basis that it is not consistent with the comprehensive plan

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

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

14  days following rendition of a development order or other

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

16  administrative appeals, if any, are exhausted, whichever

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

18  joined with the petition for certiorari. Principles of

19  judicial or administrative res judicata and collateral

20  estoppel apply to these proceedings. Minimum components of the

21  local process are as follows:

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

23  of an application for a development order that materially

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

25  piece of property, including notice by publication or mailed

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

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

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

29  within 10 days after the filing of an application for

30  development order; however, notice under this subsection is

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1  other official action of local government which does not

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

  3  particular piece of property. The notice must clearly

  4  delineate that an aggrieved or adversely affected person has

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

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

  7  conditions precedent to the appeal of any development order

  8  ultimately rendered upon the application, and must specify the

  9  location where written procedures can be obtained that

10  describe the process, including how to initiate the

11  quasi-judicial process, the timeframes for initiating the

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

13  include an opportunity for an alternative dispute resolution.

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

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

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

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

18  issuance of the written preliminary decision; the local

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

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

21  preliminary decision.

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

23  participation in the process by an aggrieved or adversely

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

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

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

27  opportunity for the disclosure of witnesses and exhibits prior

28  to hearing and an opportunity for the depositions of witnesses

29  to be taken.

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

31  represented by an attorney in order to participate in a

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    Amendment No. ___   Barcode 781650





  1  hearing.

  2         (f)  The local process must provide for a

  3  quasi-judicial hearing before an impartial special master who

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

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

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

  7  shall have the power to swear witnesses and take their

  8  testimony under oath, to issue subpoenas and other orders

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

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

11  master in determining whether a proposed development order is

12  consistent with the comprehensive plan shall be strict

13  scrutiny in accordance with Florida law.

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

15  have the opportunity to respond, to present evidence and

16  argument on all issues involved which are related to the

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

18  rebuttal evidence. Public testimony must be allowed.

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

20  public hearing before the local government at which public

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

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

23  unless the findings of fact are not supported by competent

24  substantial evidence. The governing body may modify the

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

26  application or interpretation of law is erroneous. The

27  governing body may make reasonable legal interpretations of

28  its comprehensive plan and land development regulations

29  without regard to whether the special master's interpretation

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

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





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

  2  not considered rendered or final until officially date-stamped

  3  by the city or county clerk.

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

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

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

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

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

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

10  recommended order by the governing body.

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

12  may require actions to challenge the consistency of a

13  development order with land development regulations to be

14  brought in the same proceeding.

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

16  action pursuant to this section, the complaining party shall

17  first file a verified complaint with the local government

18  whose actions are complained of setting forth the facts upon

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

20  complaining party.  The verified complaint shall be filed no

21  later than 30 days after the alleged inconsistent action has

22  been taken.  The local government receiving the complaint

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

24  Thereafter, the complaining party may institute the action

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

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

27  30-day period which the local government has to take

28  appropriate action.  Failure to comply with this subsection

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

30  prevent immediate and irreparable harm from the actions

31  complained of.

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





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

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

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

  4  have occurred.

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

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

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

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

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

10  to cause unnecessary delay or for economic advantage,

11  competitive reasons or frivolous purposes or needless increase

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

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

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

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

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

17  other party or parties the amount of reasonable expenses

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

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

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

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

22  into by the local government unless the terms of the

23  settlement have been the subject of a public hearing after

24  notice as required by this part.

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

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

27  may intervene to represent the interests of the state.

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

29  the local government of its obligations to hold public

30  hearings as required by law.

31         Section 11.  Section 163.3246, Florida Statutes, is

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1  created to read:

  2         163.3246  Local government comprehensive planning

  3  certification program.--

  4         (1)  There is created the Local Government

  5  Comprehensive Planning Certification Program to be

  6  administered by the Department of Community Affairs. The

  7  purpose of the program is to create a certification process

  8  for local governments who identify a geographic area for

  9  certification within which they commit to directing growth and

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

11  implementing, and enforcing its comprehensive plan, the level

12  of technical planning experience exhibited by the local

13  government, and a commitment to implement exemplary planning

14  practices, require less state and regional oversight of the

15  comprehensive plan amendment process. The purpose of the

16  certification area is to designate areas that are contiguous,

17  compact, and appropriate for urban growth and development

18  within a 10-year planning timeframe. Municipalities and

19  counties are encouraged to jointly establish the certification

20  area, and subsequently enter into joint certification

21  agreement with the department.

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

23  the program, the local government must:

24         (a)  Demonstrate a record of effectively adopting,

25  implementing, and enforcing its comprehensive plan;

26         (b)  Demonstrate technical, financial, and

27  administrative expertise to implement the provisions of this

28  part without state oversight;

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

30  agencies regarding the appropriateness of the proposed

31  certification;

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

  2  input concerning the local government's proposal for

  3  certification; and

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

  5  local comprehensive plan and land development regulations

  6  which:

  7         1.  Promote infill development and redevelopment,

  8  including prioritized and timely permitting processes in which

  9  applications for local development permits within the

10  certification area are acted upon expeditiously for proposed

11  development that is consistent with the local comprehensive

12  plan.

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

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

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

16  independent living arrangements.

17         3.  Achieve effective intergovernmental coordination

18  and address the extrajurisdictional effects of development

19  within the certified area.

20         4.  Promote economic diversity and growth while

21  encouraging the retention of rural character, where rural

22  areas exist, and the protection and restoration of the

23  environment.

24         5.  Provide and maintain public urban and rural open

25  space and recreational opportunities.

26         6.  Manage transportation and land uses to support

27  public transit and promote opportunities for pedestrian and

28  nonmotorized transportation.

29         7.  Use design principles to foster individual

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

31  pedestrian-oriented safe neighborhoods and town centers.

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  1         8.  Redevelop blighted areas.

  2         9.  Adopt a local mitigation strategy and have programs

  3  to improve disaster preparedness and the ability to protect

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

  5         10.  Encourage clustered, mixed-use development that

  6  incorporates greenspace and residential development within

  7  walking distance of commercial development.

  8         11.  Encourage urban infill at appropriate densities

  9  and intensities and separate urban and rural uses and

10  discourage urban sprawl while preserving public open space and

11  planning for buffer-type land uses and rural development

12  consistent with their respective character along and outside

13  the certification area.

14         12.  Assure protection of key natural areas and

15  agricultural lands that are identified using state and local

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

17  are not limited to:

18         a.  Wildlife corridors.

19         b.  Lands with high native biological diversity,

20  important areas for threatened and endangered species, species

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

22  communities.

23         c.  Significant surface waters and springs, aquatic

24  preserves, wetlands, and outstanding Florida waters.

25         d.  Water resources suitable for preservation of

26  natural systems and for water resource development.

27         e.  Representative and rare native Florida natural

28  systems.

29         13.  Ensure the cost-efficient provision of public

30  infrastructure and services.

31         (3)  Portions of local governments located within areas

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  1  of critical state concern cannot be included in a

  2  certification area.

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

  4  seeking certification of all or part of a jurisdiction or

  5  jurisdictions must submit an application to the department

  6  which demonstrates that the area sought to be certified meets

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

  8  include copies of the applicable local government

  9  comprehensive plan, land development regulations, interlocal

10  agreements, and other relevant information supporting the

11  eligibility criteria for designation. Upon receipt of a

12  complete application, the department must provide the local

13  government with an initial response to the application within

14  90 days after receipt of the application.

15         (5)  If the local government meets the eligibility

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

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

18  shall be considered final agency action subject to challenge

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

20  components:

21         (a)  The basis for certification.

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

23  encompasses areas that are contiguous, compact, appropriate

24  for urban growth and development, and in which public

25  infrastructure is existing or planned within a 10-year

26  planning timeframe. The certification area is required to

27  include sufficient land to accommodate projected population

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

29  affordability, job growth and employment, appropriate

30  densities and intensities of use to be achieved in new

31  development and redevelopment, existing or planned

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  1  infrastructure, including transportation and central water and

  2  sewer facilities. The certification area must be adopted as

  3  part of the local government's comprehensive plan.

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

  5  governing the certified area is updated annually.

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

  7  of a visioning plan.

  8         (e)  A description of baseline conditions related to

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

10  area.

11         (f)  A work program setting forth specific planning

12  strategies and projects that will be undertaken to achieve

13  improvement in the baseline conditions as measured by the

14  criteria identified in paragraph (g).

15         (g)  Criteria to evaluate the effectiveness of the

16  certification process in achieving the community-development

17  goals for the certification area including:

18         1.  Measuring the compactness of growth, expressed as

19  the ratio between population growth and land consumed;

20         2.  Increasing residential density and intensities of

21  use;

22         3.  Measuring and reducing vehicle miles traveled and

23  increasing the interconnectedness of the street system,

24  pedestrian access, and mass transit;

25         4.  Measuring the balance between the location of jobs

26  and housing;

27         5.  Improving the housing mix within the certification

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

29  affordable housing, and the creation of an affordable housing

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

31         6.  Promoting mixed-use developments as an alternative

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  1  to single-purpose centers;

  2         7.  Promoting clustered development having dedicated

  3  open space;

  4         8.  Linking commercial, educational, and recreational

  5  uses directly to residential growth;

  6         9.  Reducing per capita water and energy consumption;

  7         10.  Prioritizing environmental features to be

  8  protected and adopting measures or programs to protect

  9  identified features;

10         11.  Reducing hurricane shelter deficits and evacuation

11  times and implementing the adopted mitigation strategies; and

12         12.  Improving coordination between the local

13  government and school board.

14         (h)  A commitment to change any land development

15  regulations that restrict compact development and adopt

16  alternative design codes that encourage desirable densities

17  and intensities of use and patterns of compact development

18  identified in the agreement.

19         (i)  A plan for increasing public participation in

20  comprehensive planning and land use decision making which

21  includes outreach to neighborhood and civic associations

22  through community planning initiatives.

23         (j)  A demonstration that the intergovernmental

24  coordination element of the local government's comprehensive

25  plan includes joint processes for coordination between the

26  school board and local government pursuant to s.

27  163.3177(6)(h)2. and other requirements of law.

28         (k)  A method of addressing the extrajurisdictional

29  effects of development within the certified area which is

30  integrated by amendment into the intergovernmental

31  coordination element of the local government comprehensive

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                                                  SENATE AMENDMENT

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  1  plan.

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

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

  4  progress of the local government in meeting the terms and

  5  conditions of the certification agreement. Prior to the

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

  7  a public hearing soliciting public input on the progress of

  8  the local government in satisfying the terms of the

  9  certification agreement.

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

11  after execution of the agreement.

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

13  certification agreements each fiscal year. The department

14  shall adopt procedural rules governing the application and

15  review of local government requests for certification. Such

16  procedural rules may establish a phased schedule for review of

17  local government requests for certification.

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

19  certification if it determines that the local government is

20  not substantially complying with the terms of the agreement.

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

22  163.3184(1)(a), may petition for administrative hearing

23  alleging that a local government is not substantially

24  complying with the terms of the agreement, using the

25  procedures and timeframes for notice and conditions precedent

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

27  30 days after the annual public hearing required by paragraph

28  (5)(l).

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

30  amendments associated with the area certified must be adopted

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

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                                                  SENATE AMENDMENT

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  1  (7), (14), (15), and (16) and 163.3187, such that state and

  2  regional agency review is eliminated. The department may not

  3  issue any objections, recommendations, and comments report on

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

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

  6  163.3184(1)(a), may file a petition for administrative review

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

  8  the compliance of an adopted plan amendment.

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

10  certification area; propose a rural land stewardship area

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

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

13  element; update a comprehensive plan based on an evaluation

14  and appraisal report; impact lands outside the certification

15  boundary; implement new statutory requirements that require

16  specific comprehensive plan amendments; or increase hurricane

17  evacuation times or the need for shelter capacity on lands

18  within the coastal high hazard area shall be reviewed pursuant

19  to ss. 163.3184 and 163.3187.

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

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

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

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

24  update its comprehensive plan based on the evaluation and

25  appraisal report, the department shall renew or revoke the

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

27  timely evaluation and appraisal report, failure to adopt an

28  evaluation and appraisal report found to be sufficient, or

29  failure to timely adopt amendments based on an evaluation and

30  appraisal report found to be in compliance by the department

31  shall be cause for revoking the certification agreement. The

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

  2  agency action subject to challenge under s. 120.569.

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

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

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

  6  report listing certified local governments, evaluating the

  7  effectiveness of the certification, and including any

  8  recommendations for legislative actions.

  9         (12)  The Office of Program Policy Analysis and

10  Government Accountability shall prepare a report evaluating

11  the certification program, which shall be submitted to the

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

13  House of Representatives by December 1, 2007.

14         Section 12.  Paragraph (c) of subsection (2) and

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

16  amended to read:

17         186.504  Regional planning councils; creation;

18  membership.--

19         (2)  Membership on the regional planning council shall

20  be as follows:

21         (c)  Representatives appointed by the Governor from the

22  geographic area covered by the regional planning council,

23  including an elected school board member from the geographic

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

25  by the Florida School Board Association.

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

27  serving as voting members on the governing bodies of such

28  regional planning councils shall be elected officials of local

29  general-purpose governments chosen by the cities and counties

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

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

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

  2  one elected school board member, subject to confirmation by

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

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

  5  same county until each county within the region is represented

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

  7  contained in this section shall deny to local governing bodies

  8  or the Governor the option of appointing either locally

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

10  of the governing body of the regional planning council is

11  composed of locally elected officials.

12         Section 13.  Paragraphs (a) and (d) of subsection (2)

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

14  amended to read:

15         212.055  Discretionary sales surtaxes; legislative

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

17  legislative intent that any authorization for imposition of a

18  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

25  be expended; and such other requirements as the Legislature

26  may provide.  Taxable transactions and administrative

27  procedures shall be as provided in s. 212.054.

28         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

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

  2  governing authority or pursuant to ordinance enacted by a

  3  majority of the members of the county governing authority and

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

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

  6  municipalities representing a majority of the county's

  7  population adopt uniform resolutions establishing the rate of

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

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

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

11  county voting in the referendum on the surtax.

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

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

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

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

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

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

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

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

20  county governing authority.

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

22  subsection and approved by referendum and any interest accrued

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

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

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

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

27  land for public recreation or conservation or protection of

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

29  or municipally owned solid waste landfills that are already

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

31  Environmental Protection. Any use of such proceeds or interest

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

  2  ratified. Neither the proceeds nor any interest accrued

  3  thereto shall be used for operational expenses of any

  4  infrastructure, except that any county with a population of

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

  6  of the Department of Environmental Protection may use the

  7  proceeds or any interest accrued thereto for long-term

  8  maintenance costs associated with landfill closure. Counties,

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

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

11  retire or service indebtedness incurred for bonds issued prior

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

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

14  proceeds or interest for purposes of retiring or servicing

15  indebtedness incurred for such refunding bonds prior to July

16  1, 1999, is ratified.

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

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

19  county and any interest accrued thereto shall be expended by

20  the school district or within the county and municipalities

21  within the county for infrastructure located within the urban

22  service area that is identified in the local government

23  comprehensive plan of the county or municipality and is

24  identified in that local government's capital improvements

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

26  identified in the school district's educational facilities

27  plan adopted pursuant to s. 235.185.

28         3.2.  For the purposes of this paragraph,

29  "infrastructure" means:

30         a.  Any fixed capital expenditure or fixed capital

31  outlay associated with the construction, reconstruction, or

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  1  improvement of public facilities which have a life expectancy

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

  3  design, and engineering costs related thereto.

  4         b.  A fire department vehicle, an emergency medical

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

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

  7  necessary to outfit the vehicle for its official use or

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

  9         4.3.  Notwithstanding any other provision of this

10  subsection, a discretionary sales surtax imposed or extended

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

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

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

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

15  economic development projects of a general public purpose

16  targeted to improve local economies, including the funding of

17  operational costs and incentives related to such economic

18  development. If applicable, the ballot statement must indicate

19  the intention to make an allocation under the authority of

20  this subparagraph.

21         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

23  to resolution conditioned to take effect only upon approval by

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

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

26  not exceed 0.5 percent.

27         (b)  The resolution shall include a statement that

28  provides a brief and general description of the school capital

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

30  resolution must state that the district school board has been

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

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  1  Frugal Schools Program. The statement shall conform to the

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

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

  4  shall be placed on the ballot:

  5

  6                                ....FOR THE               ....CENTS TAX

  7                                ....AGAINST THE           ....CENTS TAX

  8

  9         (c)  As an alternative method of levying the

10  discretionary sales surtax, the district school board may

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

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

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

14  conditions are met:

15         1.  The district school board and local governments in

16  the county where the school district is located have adopted

17  the interlocal agreement and public educational facilities

18  element required by s. 163.31776;

19         2.  The district school board has adopted a district

20  educational facilities plan pursuant to s. 235.185; and

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

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

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

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

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

26  proceeds for fixed capital expenditures or fixed capital costs

27  associated with the construction, reconstruction, or

28  improvement of school facilities and campuses which have a

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

30  acquisition, land improvement, design, and engineering costs

31  related thereto. Additionally, the plan shall include the

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  1  costs of retrofitting and providing for technology

  2  implementation, including hardware and software, for the

  3  various sites within the school district.  Surtax revenues may

  4  be used for the purpose of servicing bond indebtedness to

  5  finance projects authorized by this subsection, and any

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

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

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

  9  district school board has been recognized by the State Board

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

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

12  consistent with this subsection and with uses assured under

13  the Florida Frugal Schools Program.

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

15  implement a freeze on noncapital local school property taxes,

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

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

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

19  shall not apply to existing debt service or required state

20  taxes.

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

22  Revenue pursuant to this subsection shall be distributed to

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

24         Section 14.  Section 235.002, Florida Statutes, is

25  amended to read:

26         235.002  Intent.--

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

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

29  system the availability of an educational environment

30  appropriate to his or her educational needs which is

31  substantially equal to that available to any similar student,

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  1  notwithstanding geographic differences and varying local

  2  economic factors, and to provide facilities for the Florida

  3  School for the Deaf and the Blind and other educational

  4  institutions and agencies as may be defined by law.

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

  6  construction techniques, and financing mechanisms in building

  7  educational facilities for the purposes purpose of reducing

  8  costs to the taxpayer, creating a more satisfactory

  9  educational environment, and reducing the amount of time

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

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

12  law.

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

14  educational facilities construction plans can meet the current

15  and projected needs of the public education system population

16  as quickly as possible by building uniform, sound educational

17  environments and to provide a sound base for planning for

18  educational facilities needs.

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

20  wide a range of fiscally sound financing methodologies as

21  possible for the delivery of educational facilities and, where

22  appropriate, for their construction, operation, and

23  maintenance.

24         (d)  Establish a systematic process of sharing

25  information between school boards and local governments on the

26  growth and development trends in their communities in order to

27  forecast future enrollment and school needs.

28         (e)  Establish a systematic process by which school

29  boards and local governments can cooperatively plan for the

30  provision of educational facilities to meet the current and

31  projected needs of the public education system, including the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  growth and development decisions by local governments.

  3         (f)  Establish a systematic process by which local

  4  governments and school boards can cooperatively identify and

  5  meet the infrastructure needs of public schools.

  6         (2)  The Legislature finds and declares that:

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

  8  our communities and play a significant role in the thousands

  9  of individual housing decisions that result in community

10  growth trends.

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

12  boundaries and responsibilities of individual units of

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

14  implement policies to deal with these issues without affecting

15  other units of government.

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

17  educational facilities and services enhances is essential to

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

19  this state.

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

21  impacts community infrastructure and services.  Assuring

22  coordinated and cooperative provision of such facilities and

23  associated infrastructure and services is in the best interest

24  of the state.

25         Section 15.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 235.15,

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

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

29  amended to read:

30         235.15  Educational plant survey; localized need

31  assessment; PECO project funding.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





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

  2  Board of Regents, shall arrange for an educational plant

  3  survey, to aid in formulating plans for housing the

  4  educational program and student population, faculty,

  5  administrators, staff, and auxiliary and ancillary services of

  6  the district or campus, including consideration of the local

  7  comprehensive plan. The Office Division of Workforce and

  8  Economic Development shall document the need for additional

  9  career and adult education programs and the continuation of

10  existing programs before facility construction or renovation

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

12  educational plant survey of a school district or community

13  college that delivers career or adult education programs.

14  Information used by the Office Division of Workforce and

15  Economic Development to establish facility needs must include,

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

17  and information submitted by the school district or community

18  college.

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

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

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

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

23  Educational Facilities and SMART Schools Clearinghouse within

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

25  shall include at least an inventory of existing educational

26  and ancillary plants, including safe access facilities;

27  recommendations for existing educational and ancillary plants;

28  recommendations for new educational or ancillary plants,

29  including the general location of each in coordination with

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

31  plan update and detail for community colleges; the utilization

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                                                  SENATE AMENDMENT

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

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

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

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

  5  board or commissioner.

  6         (b)  Required need assessment criteria for district,

  7  community college, college and state university plant

  8  surveys.--Each Educational plant surveys survey completed

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

10  criteria specified in this paragraph.  Each educational plant

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

12  1998, must be revised, if necessary, to comply with this

13  paragraph.  Each revised educational plant survey and each new

14  educational plant survey supersedes previous surveys.

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

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

17  235.185. Each school district's educational plant survey must

18  reflect the capacity of existing satisfactory facilities as

19  reported in the Florida Inventory of School Houses.

20  Projections of facility space needs may not exceed the norm

21  space and occupant design criteria established by the State

22  Requirements for Educational Facilities. Existing and

23  projected capital outlay full-time equivalent student

24  enrollment must be consistent with data prepared by the

25  department and must include all enrollment used in the

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

27  satisfactory relocatable classrooms, including those owned,

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

29  included in the school district inventory of gross capacity of

30  facilities and must be counted at actual student capacity for

31  purposes of the inventory. For future needs determination,

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1  student capacity shall not be assigned to any relocatable

  2  classroom that is scheduled for elimination or replacement

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

  4  educational plant survey and in the district facilities work

  5  program adopted under s. 235.185. Those relocatables clearly

  6  identified and scheduled for replacement in a school board

  7  adopted financially feasible 5-year district facilities work

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

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

10  if the district facilities work program is changed or altered

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

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

13  counting at actual capacity. Relocatables may not be

14  perpetually added to the work program and continually extended

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

16  remaining relocatable classrooms, including those owned,

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

18  counted at actual student capacity. The educational plant

19  survey shall identify the number of relocatable student

20  stations scheduled for replacement during the 5-year survey

21  period and the total dollar amount needed for that

22  replacement. All district educational plant surveys revised

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

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

25  accordance with the recommendations of the department's report

26  authorized in s. 235.056. A definition of satisfactory

27  relocatable classrooms shall be established by rule of the

28  department.

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

30  facility, or cooperative vocational education facility must be

31  based on capital outlay full-time equivalent student

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1  enrollment data prepared by the department for school

  2  districts, community colleges, colleges and universities by

  3  the Division of Community Colleges for community colleges, and

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

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

  6  respective space needs of the school districts, community

  7  colleges, colleges and universities, as appropriate.

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

  9  not exceed the norm space and occupant design criteria

10  established by the State Requirements for Educational

11  Facilities.

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

13  capacity of existing facilities as specified in the inventory

14  maintained by the Division of Community Colleges. Projections

15  of facility space needs must comply with standards for

16  determining space needs as specified by rule of the Florida

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

18  outlay student enrollment must be consistent with the annual

19  report of capital outlay full-time student enrollment prepared

20  by the Division of Community Colleges.

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

22  reflect the capacity of existing facilities as specified in

23  the inventory maintained and validated by the Division of

24  Colleges and Universities Board of Regents. Projections of

25  facility space needs must be consistent with standards for

26  determining space needs approved by the Division of Colleges

27  and Universities Board of Regents. The projected capital

28  outlay full-time equivalent student enrollment must be

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

30  State University System approved by the Division of Colleges

31  and Universities Board of Regents.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1906 & 550

    Amendment No. ___   Barcode 781650





  1         5.  The district educational facilities plan

  2  educational plant survey of a school district and the

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

  4  or state university may include space needs that deviate from

  5  approved standards for determining space needs if the

  6  deviation is justified by the district or institution and

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

  8  appropriate, as necessary for the delivery of an approved

  9  educational program.

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

11  Facilities and SMART Schools Clearinghouse department shall

12  review and validate the surveys of school districts, and

13  community colleges, and colleges and universities, and any

14  amendments thereto for compliance with the requirements of

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

16  shall recommend those in compliance for approval by the

17  Florida State Board of Education.

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

19  or the university president shall certify to the Office of

20  Educational Facilities and SMART Schools Clearinghouse

21  department a project's compliance with the requirements for

22  expenditure of PECO funds prior to release of funds.

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

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

25  Educational Facilities and SMART Schools Clearinghouse

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

27  in compliance with the board-approved survey recommendations,

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

29  and the limiting criteria for expenditures of PECO funding,

30  and that the plan is consistent with the local government

31  comprehensive plan.

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                                                  SENATE AMENDMENT

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

  2  certification must be made to the Office of Educational

  3  Facilities and SMART Schools Clearinghouse department that the

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

  5  board-approved survey recommendations, that the project meets

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

  7  expenditures of PECO funding, and that the construction

  8  documents meet the requirements of the Florida State Uniform

  9  Building Code for Educational Facilities Construction or other

10  applicable codes as authorized in this chapter.

11         Section 16.  Subsection (3) of section 235.175, Florida

12  Statutes, is amended to read:

13         235.175  SMART schools; Classrooms First; legislative

14  purpose.--

15         (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK

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

17  235.185, requiring each school district annually to adopt an

18  educational facilities plan that provides an integrated

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

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

21  purpose of the educational facilities plan district facilities

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

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

24  using sound policies and practices that meet the essential

25  needs of students and that warrant public confidence in

26  district operations. The educational facilities plan district

27  facilities work program will be monitored by the Office of

28  Educational Facilities and SMART Schools Clearinghouse, which

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

30         Section 17.  Section 235.18, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





  1         235.18  Annual capital outlay budget.--Each board,

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

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

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

  5  well understood by the public. This capital outlay budget

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

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

  8  educational plant and ancillary facilities plan. This budget

  9  shall designate the proposed capital outlay expenditures by

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

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

12  amended. Each district school board must prepare its tentative

13  district education facilities plan facilities work program as

14  required by s. 235.185 before adopting the capital outlay

15  budget.

16         Section 18.  Section 235.185, Florida Statutes, is

17  amended to read:

18         235.185  School district educational facilities plan

19  work program; definitions; preparation, adoption, and

20  amendment; long-term work programs.--

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

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

23  comprehensive planning document that is adopted annually by

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

25  that contains the educational plant survey.

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

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

28  as provided in subsection (3).

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

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

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 781650





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

  2  facilities plan, which is required in order to:

  3         1.  To Properly maintain the educational plant and

  4  ancillary facilities of the district.

  5         2.  To Provide an adequate number of satisfactory

  6  student stations for the projected student enrollment of the

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

  8  235.062.

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

10  comprehensive planning document prepared annually by the

11  district school board and submitted to the Office of

12  Educational Facilities and SMART Schools Clearinghouse and the

13  affected general-purpose local governments.

14         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

15  FACILITIES PLAN WORK PROGRAM.--

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

17  school budget, each school board shall prepare a tentative

18  district educational facilities plan that includes long-range

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

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

21  with the general-purpose local governments and be consistent

22  with the local government comprehensive plans. The school

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

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

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

26  work program that includes:

27         1.  Projected student populations apportioned

28  geographically at the local level. The projections must be

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

30  education estimating conferences pursuant to s. 216.136, where

31  available, as modified by the district based on development

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    Amendment No. ___   Barcode 781650





  1  data and agreement with the local governments and the Office

  2  of Educational Facilities and SMART Schools Clearinghouse. The

  3  projections must be apportioned geographically with assistance

  4  from the local governments using local development trend data

  5  and the school district student enrollment data.

  6         2.  An inventory of existing school facilities. Any

  7  anticipated expansions or closures of existing school sites

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

  9  identified. The inventory must include an assessment of areas

10  proximate to existing schools and identification of the need

11  for improvements to infrastructure, safety, including safe

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

13  also provide a listing of major repairs and renovation

14  projects anticipated over the period of the plan.

15         3.  Projections of facilities space needs, which may

16  not exceed the norm space and occupant design criteria

17  established in the State Requirements for Educational

18  Facilities.

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

20  and relocatables used for conducting the district's

21  instructional programs.

22         5.  The general location of public schools proposed to

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

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

25  acreage needs and anticipated capacity and maps showing the

26  general locations. The school board's identification of

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

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

29  in the comprehensive plan which provide guidance for

30  appropriate locations for school sites.

31         6.  The identification of options deemed reasonable and

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  1  approved by the school board which reduce the need for

  2  additional permanent student stations. Such options may

  3  include, but need not be limited to:

  4         a.  Acceptable capacity;

  5         b.  Redistricting;

  6         c.  Busing;

  7         d.  Year-round schools;

  8         e.  Charter schools;

  9         f.  Magnet schools; and

10         g.  Public-private partnerships.

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

12  local government and the school board, for determining the

13  impact of proposed development to public school capacity.

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

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

16  program must include:

17         1.  A schedule of major repair and renovation projects

18  necessary to maintain the educational facilities plant and

19  ancillary facilities of the district.

20         2.  A schedule of capital outlay projects necessary to

21  ensure the availability of satisfactory student stations for

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

23  schedule shall consider:

24         a.  The locations, capacities, and planned utilization

25  rates of current educational facilities of the district. The

26  capacity of existing satisfactory facilities, as reported in

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

28  capital outlay full-time-equivalent student enrollment as

29  determined by the department, including all enrollment used in

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

31         b.  The proposed locations of planned facilities,

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  1  whether those locations are consistent with the comprehensive

  2  plans of all affected local governments, and recommendations

  3  for infrastructure and other improvements to land adjacent to

  4  existing facilities. The provisions of ss. 235.19 and

  5  235.193(12), (13), and (14) must be addressed for new

  6  facilities planned within the first 3 years of the work plan,

  7  as appropriate.

  8         c.  Plans for the use and location of relocatable

  9  facilities, leased facilities, and charter school facilities.

10         d.  Plans for multitrack scheduling, grade level

11  organization, block scheduling, or other alternatives that

12  reduce the need for additional permanent student stations.

13         e.  Information concerning average class size and

14  utilization rate by grade level within the district which that

15  will result if the tentative district facilities work program

16  is fully implemented. The average shall not include

17  exceptional student education classes or prekindergarten

18  classes.

19         f.  The number and percentage of district students

20  planned to be educated in relocatable facilities during each

21  year of the tentative district facilities work program. For

22  determining future needs, student capacity may not be assigned

23  to any relocatable classroom that is scheduled for elimination

24  or replacement with a permanent educational facility in the

25  current year of the adopted district educational facilities

26  plan and in the district facilities work program adopted under

27  this section. Those relocatable classrooms clearly identified

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

29  financially feasible, 5-year district facilities work program

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

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

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    Amendment No. ___   Barcode 781650





  1  district facilities work program is changed and the

  2  relocatable classrooms are not replaced as scheduled in the

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

  4  and be counted at actual capacity. Relocatable classrooms may

  5  not be perpetually added to the work program or continually

  6  extended for purposes of circumventing this section. All

  7  relocatable classrooms not identified and scheduled for

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

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

10  capacity. The district educational facilities plan must

11  identify the number of relocatable student stations scheduled

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

13  dollar amount needed for that replacement.

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

15  plans for disposition of the facility or usage of facility

16  space, and anticipated revenues.

17         h.  Projects for which capital outlay and debt service

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

19  Constitution are to be used shall be identified separately in

20  priority order on a project priority list within the district

21  facilities work program.

22         3.  The projected cost for each project identified in

23  the tentative district facilities work program. For proposed

24  projects for new student stations, a schedule shall be

25  prepared comparing the planned cost and square footage for

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

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

28  facilities constructed throughout the state during the most

29  recent fiscal year for which data is available from the

30  Department of Education.

31         4.  A schedule of estimated capital outlay revenues

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  1  from each currently approved source which is estimated to be

  2  available for expenditure on the projects included in the

  3  tentative district facilities work program.

  4         5.  A schedule indicating which projects included in

  5  the tentative district facilities work program will be funded

  6  from current revenues projected in subparagraph 4.

  7         6.  A schedule of options for the generation of

  8  additional revenues by the district for expenditure on

  9  projects identified in the tentative district facilities work

10  program which are not funded under subparagraph 5. Additional

11  anticipated revenues may include effort index grants, SIT

12  Program awards, and Classrooms First funds.

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

14  educational facilities plan work program shall be based on

15  information produced by the demographic, revenue, and

16  education estimating conferences pursuant to s. 216.136.

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

18  concerning the tentative district educational facilities plan

19  work program.

20         (e)  The district school board shall coordinate with

21  each affected local government to ensure consistency between

22  the tentative district educational facilities plan and the

23  local government comprehensive plans of the affected local

24  governments during the development of the tentative district

25  educational facilities plan.

26         (f)  Commencing on October 1, 2002, and not less than

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

28  contract with a qualified, independent third party to conduct

29  a financial management and performance audit of the

30  educational planning and construction activities of the

31  district. An audit conducted by the Office of Program Policy

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  1  Analysis and Government Accountability and the Auditor General

  2  pursuant to s. 230.23025 satisfies this requirement.

  3         (3)  SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL

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

  5  board shall submit a copy of its tentative district

  6  educational facilities plan to all affected local governments

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

  8  shall review the tentative district educational facilities

  9  plan and comment to the district school board on the

10  consistency of the plan with the local comprehensive plan,

11  whether a comprehensive plan amendment will be necessary for

12  any proposed educational facility, and whether the local

13  government supports a necessary comprehensive plan amendment.

14  If the local government does not support a comprehensive plan

15  amendment for a proposed educational facility, the matter

16  shall be resolved pursuant to the interlocal agreement when

17  required by ss. 163.3177(6)(h), 163.31777, and 235.193(2). The

18  process for the submittal and review shall be detailed in the

19  interlocal agreement when required pursuant to ss.

20  163.3177(6)(h), 163.31777, and 235.193(2).

21         (4)(3)  ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN

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

23  consider and adopt the tentative district educational

24  facilities plan work program completed pursuant to subsection

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

26  governments and opportunity for public comment, the district

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

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

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

30  sources which may become available. The adopted district

31  educational facilities plan work program shall:

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

  2  capital outlay financial plan for the district.

  3         (b)  Set forth the proposed commitments and planned

  4  expenditures of the district to address the educational

  5  facilities needs of its students and to adequately provide for

  6  the maintenance of the educational plant and ancillary

  7  facilities, including safe access ways from neighborhoods to

  8  schools.

  9         (5)(4)  EXECUTION OF ADOPTED DISTRICT EDUCATIONAL

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

11  district educational facilities plan work program shall

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

13  The adopted district educational facilities plan work program

14  shall include the information required in subparagraphs

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

16  actually funded in the plan program.

17         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

18  the adopted district facilities work program covering the

19  5-year work program, the district school board shall adopt

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

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

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

23  20-year periods. It is recognized that the projections in the

24  10-year and 20-year timeframes are tentative and should be

25  used only for general planning purposes.

26         Section 19.  Section 235.1851, Florida Statutes, is

27  created to read:

28         235.1851  Educational facilities benefit districts.--

29         (1)  It is the intent of the Legislature to encourage

30  and authorize public cooperation among district school boards,

31  affected local general purpose governments, and benefited

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  1  private interests in order to implement financing for timely

  2  construction and maintenance of school facilities, including

  3  facilities identified in individual district facilities work

  4  programs or proposed by charter schools.  It is the further

  5  intent of the Legislature to provide efficient alternative

  6  mechanisms and incentives to allow for sharing costs of

  7  educational facilities necessary to accommodate new growth and

  8  development among public agencies, including district school

  9  boards, affected local general purpose governments, and

10  benefited private development interests.

11         (2)  The Legislature hereby authorizes the creation of

12  educational facilities benefit districts pursuant to

13  interlocal cooperation agreements between a district school

14  board and all local general purpose governments within whose

15  jurisdiction a district is located.  The purpose of

16  educational facilities benefit districts is to assist in

17  financing the construction and maintenance of educational

18  facilities.

19         (3)(a)  An educational facilities benefit district may

20  be created pursuant to this act and chapters 125, 163, 166,

21  and 189.  An educational facilities benefit district charter

22  may be created by a county or municipality by entering into an

23  interlocal agreement, as authorized by s. 163.01, with the

24  district school board and any local general purpose government

25  within whose jurisdiction a portion of the district is located

26  and adoption of an ordinance that includes all provisions

27  contained within s. 189.4041.  The creating entity shall be

28  the local general purpose government within whose boundaries a

29  majority of the educational facilities benefit district's

30  lands are located.

31         (b)  Creation of any educational facilities benefit

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  1  district shall be conditioned upon the consent of the district

  2  school board, all local general purpose governments within

  3  whose jurisdiction any portion of the educational facilities

  4  benefit district is located, and all landowners within the

  5  district. The membership of the governing board of any

  6  educational facilities benefit district shall include

  7  representation of the district school board, each cooperating

  8  local general purpose government, and the landowners within

  9  the district.  In the case of an educational facilities

10  benefit district's decision to create a charter school, the

11  board of directors of the charter school may constitute the

12  members of the governing board for the educational facilities

13  benefit district.

14         (4)  The educational facilities benefit district shall

15  have, and its governing board may exercise, the following

16  powers:

17         (a)  To finance and construct educational facilities

18  within the district's boundaries.

19         (b)  To sue and be sued in the name of the district; to

20  adopt and use a seal and authorize the use of a facsimile

21  thereof; to acquire, by purchase, gift, devise, or otherwise,

22  and to dispose of real and personal property or any estate

23  therein; and to make and execute contracts and other

24  instruments necessary or convenient to the exercise of its

25  powers.

26         (c)  To contract for the services of consultants to

27  perform planning, engineering, legal, or other appropriate

28  services of a professional nature.  Such contracts shall be

29  subject to the public bidding or competitive negotiations

30  required of local general purpose governments.

31         (d)  To borrow money and accept gifts; to apply for

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  1  unused grants or loans of money or other property from the

  2  United States, the state, a unit of local government, or any

  3  person for any district purposes and enter into agreements

  4  required in connection therewith; and to hold, use, and

  5  dispose of such moneys or property for any district purposes

  6  in accordance with the terms of the gift, grant, loan, or

  7  agreement relating thereto.

  8         (e)  To adopt resolutions and polices prescribing the

  9  powers, duties, and functions of the officers of the district,

10  the conduct of the business of the district, and the

11  maintenance of records and documents of the district.

12         (f)  To maintain an office at such place or places as

13  it may designate within the district or within the boundaries

14  of the local general purpose government that created the

15  district.

16         (g)  To lease as lessor or lessee to or from any

17  person, firm, corporation, association, or body, public or

18  private, any projects of the type that the district is

19  authorized to undertake and facilities or property of any

20  nature for use of the district to carry out any of the

21  purposes authorized by this act.

22         (h)  To borrow money and issue bonds, certificates,

23  warrants, notes, or other evidence of indebtedness pursuant to

24  this act for periods not longer than 30 years, provided such

25  bonds, certificates, warrants, notes, or other indebtedness

26  shall only be guaranteed by non-ad valorem assessments legally

27  imposed by the district and other available sources of funds

28  provided in this act and shall not pledge the full faith and

29  credit of any local general purpose government or the district

30  school board.

31         (i)  To cooperate with or contract with other

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  1  governmental agencies as may be necessary, convenient,

  2  incidental, or proper in connection with any of the powers,

  3  duties, or purposes authorized by this act and to accept

  4  funding from local and state agencies as provided in this act.

  5         (j)  To levy, impose, collect, and enforce non-ad

  6  valorem assessments, as defined by s. 197.3632(1)(d), pursuant

  7  to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,

  8  and 197.3635.

  9         (k)  To exercise all powers necessary, convenient,

10  incidental, or proper in connection with any of the powers,

11  duties, or purposes authorized by this act.

12         (5)  As an alternative to the creation of an

13  educational facilities benefit district, the Legislature

14  hereby recognizes and encourages the consideration of

15  community development district creation pursuant to chapter

16  190 as a viable alternative for financing the construction and

17  maintenance of educational facilities as described in this

18  act. Community development districts are granted the authority

19  to determine, order, levy, impose, collect, and enforce non-ad

20  valorem assessments for such purposes pursuant to this act and

21  chapters 170, 190, and 197. This authority is in addition to

22  any authority granted community development districts under

23  chapter 190. Community development districts are therefore

24  deemed eligible for the financial enhancements available to

25  educational facilities benefit districts providing for

26  financing the construction and maintenance of educational

27  facilities pursuant to s. 235.1852.  In order to receive such

28  financial enhancements, a community development district must

29  enter into an interlocal agreement with the district school

30  board and affected local general purpose governments that

31  specifies the obligations of all parties to the agreement.

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  1  Nothing in this act or in any interlocal agreement entered

  2  into pursuant to this act requires any change in the method of

  3  election of a board of supervisors of a community development

  4  district provided in chapter 190.

  5         Section 20.  Section 235.1852, Florida Statutes, is

  6  created to read:

  7         235.1852  Local funding for educational facilities

  8  benefit districts or community development districts.--Upon

  9  confirmation by a district school board of the commitment of

10  revenues by an educational facilities benefit district or

11  community development district necessary to construct and

12  maintain an educational facility contained within an

13  individual district facilities work program or proposed by an

14  approved charter school or a charter school applicant, the

15  following funds shall be provided to the educational

16  facilities benefit district or community development district

17  annually, beginning with the next fiscal year after

18  confirmation until the district's financial obligations are

19  completed:

20         (1)  All educational facilities impact fee revenue

21  collected for new development within the educational

22  facilities benefit district or community development district.

23  Funds provided under this subsection shall be used to fund the

24  construction and capital maintenance costs of educational

25  facilities.

26         (2)  For construction and capital maintenance costs not

27  covered by the funds provided under subsection (1), an annual

28  amount contributed by the district school board equal to

29  one-half of the remaining costs of construction and capital

30  maintenance of the educational facility. Any construction

31  costs above the cost-per-student criteria established for the

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  1  SIT Program in s. 235.216(2) shall be funded exclusively by

  2  the educational facilities benefit district or the community

  3  development district. Funds contributed by a district school

  4  board shall not be used to fund operational costs.

  5

  6  Educational facilities funded pursuant to this act may be

  7  constructed on land that is owned by any person after the

  8  district school board has acquired from the owner of the land

  9  a long-term lease for the use of this land for a period of not

10  less than 40 years or the life expectancy of the permanent

11  facilities constructed thereon, whichever is longer. All

12  interlocal agreements entered into pursuant to this act shall

13  provide for ownership of educational facilities funded

14  pursuant to this act to revert to the district school board if

15  such facilities cease to be used for public educational

16  purposes prior to 40 years after construction or prior to the

17  end of the life expectancy of the educational facilities,

18  whichever is longer.

19         Section 21.  Section 235.1853, Florida Statutes, is

20  created to read:

21         235.1853  Educational facilities benefit district or

22  community development district facility utilization.--The

23  student population of all facilities funded pursuant to this

24  act shall reflect the racial balance of the school district

25  pursuant to state and federal law.  However, to the extent

26  allowable pursuant to state and federal law, the interlocal

27  agreement providing for the establishment of the educational

28  facilities benefit district or the interlocal agreement

29  between the community development district and the district

30  school board and affected local general purpose governments

31  may provide for the district school board to establish school

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  1  attendance zones that allow students residing within a

  2  reasonable distance of facilities financed through the

  3  interlocal agreement to attend such facilities.

  4         Section 22.  Section 235.188, Florida Statutes, is

  5  amended to read:

  6         235.188  Full bonding required to participate in

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

  8  Capital Outlay and Debt Service Trust Fund allocation that

  9  certifies in its district educational facilities plan work

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

11  new student stations within existing revenues must fully bond

12  its Capital Outlay and Debt Service Trust Fund allocation

13  before it may participate in Classrooms First, the School

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

15  Grants Program.

16         Section 23.  Section 235.19, Florida Statutes, is

17  amended to read:

18         235.19  Site planning and selection.--

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

20  shall determine the location of proposed educational centers

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

22  board shall consider existing and anticipated site needs and

23  the most economical and practicable locations of sites.  The

24  board shall coordinate with the long-range or comprehensive

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

26  assure the consistency compatibility of such plans with site

27  planning. Boards are encouraged to locate district educational

28  facilities schools proximate to urban residential areas to the

29  extent possible, and shall seek to collocate district

30  educational facilities schools with other public facilities,

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

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  1  possible, and to encourage using elementary schools as focal

  2  points for neighborhoods.

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

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

  5  that site by the original educational facility or future

  6  expansions of the facility through renovation or the addition

  7  of relocatables. The Commissioner of Education shall prescribe

  8  by rule recommended sizes for new sites according to

  9  categories of students to be housed and other appropriate

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

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

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

13  appropriate and equitable educational program on the site.

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

15  accordance with chapter 230 or chapter 240 must meet standards

16  prescribed therein and such supplementary standards as the

17  commissioner prescribes to promote the educational interests

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

19  for outdoor educational purposes as appropriate for the

20  educational program or collocated with facilities to serve

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

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

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

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

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

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

27  likely to interfere with the educational program. To the

28  extent practicable, sites must be chosen which will provide

29  safe access from neighborhoods to schools.

30         (4)  It shall be the responsibility of the board to

31  provide adequate notice to appropriate municipal, county,

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  1  regional, and state governmental agencies for requested

  2  traffic control and safety devices so they can be installed

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

  4  itself that every reasonable effort has been made in

  5  sufficient time to secure the installation and operation of

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

  7  shall also be the responsibility of the board to review

  8  annually traffic control and safety device needs and to

  9  request all necessary changes indicated by such review.

10         (5)  Each board may request county and municipal

11  governments to construct and maintain sidewalks and bicycle

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

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

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

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

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

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

18  are transported regularly between their homes and the school

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

20  after discovering or becoming aware of the hazard, excluding

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

22  the governmental entity within the jurisdiction of which the

23  hazard is located. Within 5 days after receiving notification

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

25  holidays, the governmental entity shall investigate the

26  hazardous condition and either correct it or provide such

27  precautions as are practicable to safeguard students until the

28  hazard can be permanently corrected. However, if the

29  governmental entity that has jurisdiction determines upon

30  investigation that it is impracticable to correct the hazard,

31  or if the entity determines that the reported condition does

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

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

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

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

  5  correcting the condition. The governmental entity, to the

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

  7  liability with respect to accidents or injuries, if any,

  8  arising out of the hazardous condition.

  9         (6)  If the school board and local government have

10  entered into an interlocal agreement pursuant to s. 235.193(2)

11  and either s. 163.3177(6)(h)4. or s. 163.31777 or have

12  developed a process to ensure consistency between the local

13  government comprehensive plan and the school district

14  educational facilities plan, site planning and selection must

15  be consistent with the interlocal agreements and the plans.

16         Section 24.  Section 235.193, Florida Statutes, is

17  amended to read:

18         235.193  Coordination of planning with local governing

19  bodies.--

20         (1)  It is the policy of this state to require the

21  coordination of planning between boards and local governing

22  bodies to ensure that plans for the construction and opening

23  of public educational facilities are facilitated and

24  coordinated in time and place with plans for residential

25  development, concurrently with other necessary services. Such

26  planning shall include the integration of the educational

27  facilities plan plant survey and applicable policies and

28  procedures of a board with the local comprehensive plan and

29  land development regulations of local governments governing

30  bodies. The planning must include the consideration of

31  allowing students to attend the school located nearest their

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  1  homes when a new housing development is constructed near a

  2  county boundary and it is more feasible to transport the

  3  students a short distance to an existing facility in an

  4  adjacent county than to construct a new facility or transport

  5  students longer distances in their county of residence. The

  6  planning must also consider the effects of the location of

  7  public education facilities, including the feasibility of

  8  keeping central city facilities viable, in order to encourage

  9  central city redevelopment and the efficient use of

10  infrastructure and to discourage uncontrolled urban sprawl. In

11  addition, all parties to the planning process must consult

12  with state and local road departments to assist in

13  implementing the Safe Paths to Schools program administered by

14  the Department of Transportation.

15         (2)(a)  The school board, county, and nonexempt

16  municipalities located within the geographic area of a school

17  district shall enter into an interlocal agreement that jointly

18  establishes the specific ways in which the plans and processes

19  of the district school board and the local governments are to

20  be coordinated. The interlocal agreements shall be submitted

21  to the state land planning agency and the Office of

22  Educational Facilities and the SMART Schools Clearinghouse in

23  accordance with a schedule published by the state land

24  planning agency.

25         (b)  The schedule must establish staggered due dates

26  for submission of interlocal agreements that are executed by

27  both the local government and district school board,

28  commencing on March 1, 2003, and concluding by December 1,

29  2004, and must set the same date for all governmental entities

30  within a school district. However, if the county where the

31  school district is located contains more than 20

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  1  municipalities, the state land planning agency may establish

  2  staggered due dates for the submission of interlocal

  3  agreements by these municipalities. The schedule must begin

  4  with those areas where both the number of districtwide

  5  capital-outlay full-time-equivalent students equals 80 percent

  6  or more of the current year's school capacity and the

  7  projected 5-year student growth rate is 1,000 or greater, or

  8  where the projected 5-year student growth rate is 10 percent

  9  or greater.

10         (c)  If the student population has declined over the

11  5-year period preceding the due date for submittal of an

12  interlocal agreement by the local government and the district

13  school board, the local government and district school board

14  may petition the state land planning agency for a waiver of

15  one or more of the requirements of subsection (3). The waiver

16  must be granted if the procedures called for in subsection (3)

17  are unnecessary because of the school district's declining

18  school age population, considering the district's 5-year work

19  program prepared pursuant to s. 235.185. The state land

20  planning agency may modify or revoke the waiver upon a finding

21  that the conditions upon which the waiver was granted no

22  longer exist. The district school board and local governments

23  must submit an interlocal agreement within 1 year after

24  notification by the state land planning agency that the

25  conditions for a waiver no longer exist.

26         (d)  Interlocal agreements between local governments

27  and district school boards adopted pursuant to s. 163.3177

28  before the effective date of subsections (2)-(9) must be

29  updated and executed pursuant to the requirements of

30  subsections (2)-(9), if necessary. Amendments to interlocal

31  agreements adopted pursuant to subsections (2)-(9) must be

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  1  submitted to the state land planning agency within 30 days

  2  after execution by the parties for review consistent with

  3  subsections (3) and (4). Local governments and the district

  4  school board in each school district are encouraged to adopt a

  5  single interlocal agreement in which all join as parties. The

  6  state land planning agency shall assemble and make available

  7  model interlocal agreements meeting the requirements of

  8  subsections (2)-(9) and shall notify local governments and,

  9  jointly with the Department of Education, the district school

10  boards of the requirements of subsections (2)-(9), the dates

11  for compliance, and the sanctions for noncompliance. The state

12  land planning agency shall be available to informally review

13  proposed interlocal agreements. If the state land planning

14  agency has not received a proposed interlocal agreement for

15  informal review, the state land planning agency shall, at

16  least 60 days before the deadline for submission of the

17  executed agreement, renotify the local government and the

18  district school board of the upcoming deadline and the

19  potential for sanctions.

20         (3)  At a minimum, the interlocal agreement must

21  address the following issues:

22         (a)  A process by which each local government and the

23  district school board agree and base their plans on consistent

24  projections of the amount, type, and distribution of

25  population growth and student enrollment. The geographic

26  distribution of jurisdiction-wide growth forecasts is a major

27  objective of the process. 

28         (b)  A process to coordinate and share information

29  relating to existing and planned public school facilities,

30  including school renovations and closures, and local

31  government plans for development and redevelopment.

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  1         (c)  Participation by affected local governments with

  2  the district school board in the process of evaluating

  3  potential school closures, significant renovations to existing

  4  schools, and new school site selection before land

  5  acquisition. Local governments shall advise the district

  6  school board as to the consistency of the proposed closure,

  7  renovation, or new site with the local comprehensive plan,

  8  including appropriate circumstances and criteria under which a

  9  district school board may request an amendment to the

10  comprehensive plan for school siting.

11         (d)  A process for determining the need for and timing

12  of on-site and off-site improvements to support new

13  construction, proposed expansion, or redevelopment of existing

14  schools. The process shall address identification of the party

15  or parties responsible for the improvements.

16         (e)  A process for the school board to inform the local

17  government regarding school capacity. The capacity reporting

18  must be consistent with laws and rules regarding measurement

19  of school facility capacity and must also identify how the

20  district school board will meet the public school demand based

21  on the facilities work program adopted pursuant to s. 235.185.

22         (f)  Participation of the local governments in the

23  preparation of the annual update to the school board's 5-year

24  district facilities work program and educational plant survey

25  prepared pursuant to s. 235.185.

26         (g)  A process for determining where and how joint use

27  of either school board or local government facilities can be

28  shared for mutual benefit and efficiency.

29         (h)  A procedure for the resolution of disputes between

30  the district school board and local governments, which may

31  include the dispute-resolution processes contained in chapters

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  1  164 and 186.

  2         (i)  An oversight process, including an opportunity for

  3  public participation, for the implementation of the interlocal

  4  agreement.

  5

  6  A signatory to the interlocal agreement may elect not to

  7  include a provision meeting the requirements of paragraph (e);

  8  however, such a decision may be made only after a public

  9  hearing on such election, which may include the public hearing

10  in which a district school board or a local government adopts

11  the interlocal agreement. An interlocal agreement entered into

12  pursuant to this section must be consistent with the adopted

13  comprehensive plan and land development regulations of any

14  local government that is a signatory.

15         (4)(a)  The Office of Educational Facilities and SMART

16  Schools Clearinghouse shall submit any comments or concerns

17  regarding the executed interlocal agreement to the state land

18  planning agency within 30 days after receipt of the executed

19  interlocal agreement. The state land planning agency shall

20  review the executed interlocal agreement to determine whether

21  it is consistent with the requirements of subsection (3), the

22  adopted local government comprehensive plan, and other

23  requirements of law. Within 60 days after receipt of an

24  executed interlocal agreement, the state land planning agency

25  shall publish a notice of intent in the Florida Administrative

26  Weekly and shall post a copy of the notice on the agency's

27  Internet site. The notice of intent must state that the

28  interlocal agreement is consistent or inconsistent with the

29  requirements of subsection (3) and this subsection as

30  appropriate.

31         (b)  The state land planning agency's notice is subject

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  1  to challenge under chapter 120; however, an affected person,

  2  as defined in s. 163.3184(1)(a), has standing to initiate the

  3  administrative proceeding and this proceeding is the sole

  4  means available to challenge the consistency of an interlocal

  5  agreement required by this section with the criteria contained

  6  in subsection (3) and this subsection. In order to have

  7  standing, each person must have submitted oral or written

  8  comments, recommendations, or objections to the local

  9  government or the school board before the adoption of the

10  interlocal agreement by the district school board and local

11  government. The district school board and local governments

12  are parties to any such proceeding. In this proceeding, when

13  the state land planning agency finds the interlocal agreement

14  to be consistent with the criteria in subsection (3) and this

15  subsection, the interlocal agreement must be determined to be

16  consistent with subsection (3) and this subsection if the

17  local government's and school board's determination of

18  consistency is fairly debatable. When the state land planning

19  agency finds the interlocal agreement to be inconsistent with

20  the requirements of subsection (3) and this subsection, the

21  local government's and school board's determination of

22  consistency shall be sustained unless it is shown by a

23  preponderance of the evidence that the interlocal agreement is

24  inconsistent.

25         (c)  If the state land planning agency enters a final

26  order that finds that the interlocal agreement is inconsistent

27  with the requirements of subsection (3) or this subsection,

28  the state land planning agency shall forward it to the

29  Administration Commission, which may impose sanctions against

30  the local government pursuant to s. 163.3184(11) and may

31  impose sanctions against the district school board by

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  1  directing the Department of Education to withhold an

  2  equivalent amount of funds for school construction available

  3  pursuant to ss. 235.187, 235.216, 235.2195, and 235.42.

  4         (5)  If an executed interlocal agreement is not timely

  5  submitted to the state land planning agency for review, the

  6  state land planning agency shall, within 15 working days after

  7  the deadline for submittal, issue to the local government and

  8  the district school board a Notice to Show Cause why sanctions

  9  should not be imposed for failure to submit an executed

10  interlocal agreement by the deadline established by the

11  agency. The agency shall forward the notice and the responses

12  to the Administration Commission, which may enter a final

13  order citing the failure to comply and imposing sanctions

14  against the local government and district school board by

15  directing the appropriate agencies to withhold at least 5

16  percent of state funds pursuant to s. 163.3184(11) and by

17  directing the Department of Education to withhold from the

18  district school board at least 5 percent of funds for school

19  construction available pursuant to ss. 235.187, 235.216,

20  235.2195, and 235.42.

21         (6)  Any local government transmitting a public school

22  element to implement school concurrency pursuant to the

23  requirements of s. 163.3180 before the effective date of this

24  section is not required to amend the element or any interlocal

25  agreement to conform with the provisions of subsections

26  (2)-(8) if the element is adopted prior to or within 1 year

27  after the effective date of subsections (2)-(8) and remains in

28  effect.

29         (7)  Except as provided in subsection (8),

30  municipalities having no established need for a new facility

31  and meeting the following criteria are exempt from the

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  1  requirements of subsections (2), (3) and (4):

  2         (a)  The municipality has no public schools located

  3  within its boundaries.

  4         (b)  The district school board's 5-year facilities work

  5  program and the long-term 10-year and 20-year work programs,

  6  as provided in s. 235.185, demonstrate that no new school

  7  facility is needed in the municipality. In addition, the

  8  district school board must verify in writing that no new

  9  school facility will be needed in the municipality within the

10  5-year and 10-year timeframes.

11         (8)  At the time of the evaluation and appraisal

12  report, each exempt municipality shall assess the extent to

13  which it continues to meet the criteria for exemption under

14  subsection (7). If the municipality continues to meet these

15  criteria and the district school board verifies in writing

16  that no new school facilities will be needed within the 5-year

17  and 10-year timeframes, the municipality shall continue to be

18  exempt from the interlocal-agreement requirement. Each

19  municipality exempt under subsection (7) must comply with the

20  provisions of subsections (2)-(8) within 1 year after the

21  district school board proposes, in its 5-year district

22  facilities work program, a new school within the

23  municipality's jurisdiction.

24         (9)(2)  A school board and the local governing body

25  must share and coordinate information related to existing and

26  planned public school facilities; proposals for development,

27  redevelopment, or additional development; and infrastructure

28  required to support the public school facilities, concurrent

29  with proposed development. A school board shall use

30  information produced by the demographic, revenue, and

31  education estimating conferences pursuant to s. 216.136

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  1  Department of Education enrollment projections when preparing

  2  the 5-year district educational facilities plan work program

  3  pursuant to s. 235.185, as modified and agreed to by the local

  4  governments, when provided by interlocal agreement, and the

  5  Office of Educational Facilities and SMART Schools

  6  Clearinghouse, in and a school board shall affirmatively

  7  demonstrate in the educational facilities report consideration

  8  of local governments' population projections, to ensure that

  9  the district educational facilities plan 5-year work program

10  not only reflects enrollment projections but also considers

11  applicable municipal and county growth and development

12  projections. The projections must be apportioned

13  geographically with assistance from the local governments

14  using local government trend data and the school district

15  student enrollment data. A school board is precluded from

16  siting a new school in a jurisdiction where the school board

17  has failed to provide the annual educational facilities plan

18  report for the prior year required pursuant to s. 235.185 s.

19  235.194 unless the failure is corrected.

20         (10)(3)  The location of public educational facilities

21  shall be consistent with the comprehensive plan of the

22  appropriate local governing body developed under part II of

23  chapter 163 and consistent with the plan's implementing land

24  development regulations, to the extent that the regulations

25  are not in conflict with or the subject regulated is not

26  specifically addressed by this chapter or the State Uniform

27  Building Code, unless mutually agreed by the local government

28  and the board.

29         (11)(4)  To improve coordination relative to potential

30  educational facility sites, a board shall provide written

31  notice to the local government that has regulatory authority

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  1  over the use of the land consistent with an interlocal

  2  agreement entered pursuant to subsections (2)-(8) at least 60

  3  days prior to acquiring or leasing property that may be used

  4  for a new public educational facility.  The local government,

  5  upon receipt of this notice, shall notify the board within 45

  6  days if the site proposed for acquisition or lease is

  7  consistent with the land use categories and policies of the

  8  local government's comprehensive plan.  This preliminary

  9  notice does not constitute the local government's

10  determination of consistency pursuant to subsection (12) (5).

11         (12)(5)  As early in the design phase as feasible and

12  consistent with an interlocal agreement entered pursuant to

13  subsections (2)-(8), but no later than 90 days before

14  commencing construction, the district school board shall in

15  writing request a determination of consistency with the local

16  government's comprehensive plan. but at least before

17  commencing construction of a new public educational facility,

18  The local governing body that regulates the use of land shall

19  determine, in writing within 45 90 days after receiving the

20  necessary information and a school board's request for a

21  determination, whether a proposed public educational facility

22  is consistent with the local comprehensive plan and consistent

23  with local land development regulations, to the extent that

24  the regulations are not in conflict with or the subject

25  regulated is not specifically addressed by this chapter or the

26  State Uniform Building Code, unless mutually agreed. If the

27  determination is affirmative, school construction may commence

28  proceed and further local government approvals are not

29  required, except as provided in this section. Failure of the

30  local governing body to make a determination in writing within

31  90 days after a school board's request for a determination of

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  1  consistency shall be considered an approval of the school

  2  board's application.

  3         (13)(6)  A local governing body may not deny the site

  4  applicant based on adequacy of the site plan as it relates

  5  solely to the needs of the school. If the site is consistent

  6  with the comprehensive plan's future land use policies and

  7  categories in which public schools are identified as allowable

  8  uses, the local government may not deny the application but it

  9  may impose reasonable development standards and conditions in

10  accordance with s. 235.34(1) and consider the site plan and

11  its adequacy as it relates to environmental concerns, health,

12  safety and welfare, and effects on adjacent property.

13  Standards and conditions may not be imposed which conflict

14  with those established in this chapter or the Florida State

15  Uniform Building Code, unless mutually agreed and consistent

16  with the interlocal agreement required by subsections (2)-(8).

17         (14)(7)  This section does not prohibit a local

18  governing body and district school board from agreeing and

19  establishing an alternative process for reviewing a proposed

20  educational facility and site plan, and offsite impacts,

21  pursuant to an interlocal agreement adopted in accordance with

22  subsections (2)-(8).

23         (15)(8)  Existing schools shall be considered

24  consistent with the applicable local government comprehensive

25  plan adopted under part II of chapter 163. The collocation of

26  a new proposed public educational facility with an existing

27  public educational facility, or the expansion of an existing

28  public educational facility is not inconsistent with the local

29  comprehensive plan, if the site is consistent with the

30  comprehensive plan's future land use policies and categories

31  in which public schools are identified as allowable uses, and

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  1  levels of service adopted by the local government for any

  2  facilities affected by the proposed location for the new

  3  facility are maintained. If a board submits an application to

  4  expand an existing school site, the local governing body may

  5  impose reasonable development standards and conditions on the

  6  expansion only, and in a manner consistent with s. 235.34(1).

  7  Standards and conditions may not be imposed which conflict

  8  with those established in this chapter or the Florida State

  9  Uniform Building Code, unless mutually agreed upon. Local

10  government review or approval is not required for:

11         (a)  The placement of temporary or portable classroom

12  facilities; or

13         (b)  Proposed renovation or construction on existing

14  school sites, with the exception of construction that changes

15  the primary use of a facility, includes stadiums, or results

16  in a greater than 5 percent increase in student capacity, or

17  as mutually agreed upon, pursuant to an interlocal agreement

18  adopted in accordance with subsections (2)-(8).

19         Section 25.  Section 235.194, Florida Statutes, is

20  repealed.

21         Section 26.  Section 235.218, Florida Statutes, is

22  amended to read:

23         235.218  School district educational facilities plan

24  work program performance and productivity standards;

25  development; measurement; application.--

26         (1)  The Office of Educational Facilities and SMART

27  Schools Clearinghouse shall develop and adopt measures for

28  evaluating the performance and productivity of school district

29  educational facilities plans work programs. The measures may

30  be both quantitative and qualitative and must, to the maximum

31  extent practical, assess those factors that are within the

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  1  districts' control.  The measures must, at a minimum, assess

  2  performance in the following areas:

  3         (a)  Frugal production of high-quality projects.

  4         (b)  Efficient finance and administration.

  5         (c)  Optimal school and classroom size and utilization

  6  rate.

  7         (d)  Safety.

  8         (e)  Core facility space needs and cost-effective

  9  capacity improvements that consider demographic projections.

10         (f)  Level of district local effort.

11         (2)  The office clearinghouse shall establish annual

12  performance objectives and standards that can be used to

13  evaluate district performance and productivity.

14         (3)  The office clearinghouse shall conduct ongoing

15  evaluations of district educational facilities program

16  performance and productivity, using the measures adopted under

17  this section. If, using these measures, the office

18  clearinghouse finds that a district failed to perform

19  satisfactorily, the office clearinghouse must recommend to the

20  district school board actions to be taken to improve the

21  district's performance.

22         Section 27.  Paragraph (c) of subsection (2) of section

23  235.2197, Florida Statutes, is amended to read:

24         235.2197  Florida Frugal Schools Program.--

25         (2)  The "Florida Frugal Schools Program" is created to

26  recognize publicly each district school board that agrees to

27  build frugal yet functional educational facilities and that

28  implements "best financial management practices" when

29  planning, constructing, and operating educational facilities.

30  The Florida State Board of Education shall recognize a

31  district school board as having a Florida Frugal Schools

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  1  Program if the district requests recognition and satisfies two

  2  or more of the following criteria:

  3         (c)  The district school board submits a plan to the

  4  Commissioner of Education certifying how the revenues

  5  generated by the levy of the capital outlay sales surtax

  6  authorized by s. 212.055(6) will be spent. The plan must

  7  include at least the following assurances about the use of the

  8  proceeds of the surtax and any accrued interest:

  9         1.  The district school board will use the surtax and

10  accrued interest only for the fixed capital outlay purposes

11  identified by s. 212.055(6)(d) which will reduce school

12  overcrowding that has been validated by the Department of

13  Education, or for the repayment of bonded indebtedness related

14  to such capital outlay purposes.

15         2.  The district school board will not spend the surtax

16  or accrued interest to pay for operational expenses or for the

17  construction, renovation, or remodeling of any administrative

18  building or any other ancillary facility that is not directly

19  related to the instruction, feeding, or transportation of

20  students enrolled in the public schools.

21         3.  The district school board's use of the surtax and

22  accrued interest will be consistent with the best financial

23  management practices identified and approved under s.

24  230.23025.

25         4.  The district school board will apply the

26  educational facilities contracting and construction techniques

27  authorized by s. 235.211 or other construction management

28  techniques to reduce the cost of educational facilities.

29         5.  The district school board will discontinue the

30  surtax levy when the district has provided the

31  survey-recommended educational facilities that were determined

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  1  to be necessary to relieve school overcrowding; when the

  2  district has satisfied any bonded indebtedness incurred for

  3  such educational facilities; or when the district's other

  4  sources of capital outlay funds are sufficient to provide such

  5  educational facilities, whichever occurs first.

  6         6.  The district school board will use any excess

  7  surtax collections or accrued interest to reduce the

  8  discretionary outlay millage levied under s. 236.25(2).

  9         Section 28.  Section 235.321, Florida Statutes, is

10  amended to read:

11         235.321  Changes in construction requirements after

12  award of contract.--The board may, at its option and by

13  written policy duly adopted and entered in its official

14  minutes, authorize the superintendent or president or other

15  designated individual to approve change orders in the name of

16  the board for preestablished amounts.  Approvals shall be for

17  the purpose of expediting the work in progress and shall be

18  reported to the board and entered in its official minutes. For

19  accountability, the school district shall monitor and report

20  the impact of change orders on its district educational

21  facilities plan work program pursuant to s. 235.185.

22         Section 29.  Paragraph (d) of subsection (5) of section

23  236.25, Florida Statutes, is amended to read:

24         236.25  District school tax.--

25         (5)

26         (d)  Notwithstanding any other provision of this

27  subsection, if through its adopted educational facilities plan

28  work program a district has clearly identified the need for an

29  ancillary plant, has provided opportunity for public input as

30  to the relative value of the ancillary plant versus an

31  educational plant, and has obtained public approval, the

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  1  district may use revenue generated by the millage levy

  2  authorized by subsection (2) for the acquisition,

  3  construction, renovation, remodeling, maintenance, or repair

  4  of an ancillary plant.

  5

  6  A district that violates these expenditure restrictions shall

  7  have an equal dollar reduction in funds appropriated to the

  8  district under s. 236.081 in the fiscal year following the

  9  audit citation.  The expenditure restrictions do not apply to

10  any school district that certifies to the Commissioner of

11  Education that all of the district's instructional space needs

12  for the next 5 years can be met from capital outlay sources

13  that the district reasonably expects to receive during the

14  next 5 years or from alternative scheduling or construction,

15  leasing, rezoning, or technological methodologies that exhibit

16  sound management.

17         Section 30.  Subsection (3) of section 380.04, Florida

18  Statutes, is amended to read:

19         380.04  Definition of development.--

20         (3)  The following operations or uses shall not be

21  taken for the purpose of this chapter to involve "development"

22  as defined in this section:

23         (a)  Work by a highway or road agency or railroad

24  company for the maintenance or improvement of a road or

25  railroad track, if the work is carried out on land within the

26  boundaries of the right-of-way or any work or construction

27  within the boundaries of the right-of-way on the federal

28  interstate highway system.

29         (b)  Work by any utility and other persons engaged in

30  the distribution or transmission of electricity, gas, or

31  water, for the purpose of inspecting, repairing, renewing, or

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  1  constructing on established rights-of-way any sewers, mains,

  2  pipes, cables, utility tunnels, power lines, towers, poles,

  3  tracks, or the like.

  4         (c)  Work for the maintenance, renewal, improvement, or

  5  alteration of any structure, if the work affects only the

  6  interior or the color of the structure or the decoration of

  7  the exterior of the structure.

  8         (d)  The use of any structure or land devoted to

  9  dwelling uses for any purpose customarily incidental to

10  enjoyment of the dwelling.

11         (e)  The use of any land for the purpose of growing

12  plants, crops, trees, and other agricultural or forestry

13  products; raising livestock; or for other agricultural

14  purposes.

15         (f)  A change in use of land or structure from a use

16  within a class specified in an ordinance or rule to another

17  use in the same class.

18         (g)  A change in the ownership or form of ownership of

19  any parcel or structure.

20         (h)  The creation or termination of rights of access,

21  riparian rights, easements, covenants concerning development

22  of land, or other rights in land.

23         Section 31.  Paragraph (d) of subsection (2), paragraph

24  (b) of subsection (4), paragraph (a) of subsection (8),

25  subsection (12), paragraph (c) of subsection (15), subsection

26  (18), and paragraphs (b), (c), (e), and (f) of subsection (19)

27  of section 380.06, Florida Statutes, are amended, and

28  paragraphs (i) and (j) are added to subsection (24) of that

29  section, to read:

30         380.06  Developments of regional impact.--

31         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

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  1         (d)  The guidelines and standards shall be applied as

  2  follows:

  3         1.  Fixed thresholds.--

  4         a.  A development that is at or below 100 80 percent of

  5  all numerical thresholds in the guidelines and standards shall

  6  not be required to undergo development-of-regional-impact

  7  review.

  8         b.  A development that is at or above 120 percent of

  9  any numerical threshold shall be required to undergo

10  development-of-regional-impact review.

11         c.  Projects certified under s. 403.973 which create at

12  least 100 jobs and meet the criteria of the Office of Tourism,

13  Trade, and Economic Development as to their impact on an

14  area's economy, employment, and prevailing wage and skill

15  levels that are at or below 100 percent of the numerical

16  thresholds for industrial plants, industrial parks,

17  distribution, warehousing or wholesaling facilities, office

18  development or multiuse projects other than residential, as

19  described in s. 380.0651(3)(c), (d), and (i), are not required

20  to undergo development-of-regional-impact review.

21         2.  Rebuttable presumption presumptions.--

22         a.  It shall be presumed that a development that is

23  between 80 and 100 percent of a numerical threshold shall not

24  be required to undergo development-of-regional-impact review.

25         b.  It shall be presumed that a development that is at

26  100 percent or between 100 and 120 percent of a numerical

27  threshold shall be required to undergo

28  development-of-regional-impact review.

29         (4)  BINDING LETTER.--

30         (b)  Unless a developer waives the requirements of this

31  paragraph by agreeing to undergo

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  1  development-of-regional-impact review pursuant to this

  2  section, the state land planning agency or local government

  3  with jurisdiction over the land on which a development is

  4  proposed may require a developer to obtain a binding letter

  5  if:

  6         1.  the development is at a presumptive numerical

  7  threshold or up to 20 percent above a numerical threshold in

  8  the guidelines and standards.; or

  9         2.  The development is between a presumptive numerical

10  threshold and 20 percent below the numerical threshold and the

11  local government or the state land planning agency is in doubt

12  as to whether the character or magnitude of the development at

13  the proposed location creates a likelihood that the

14  development will have a substantial effect on the health,

15  safety, or welfare of citizens of more than one county.

16         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--

17         (a)  A developer may enter into a written preliminary

18  development agreement with the state land planning agency to

19  allow a developer to proceed with a limited amount of the

20  total proposed development, subject to all other governmental

21  approvals and solely at the developer's own risk, prior to

22  issuance of a final development order.  All owners of the land

23  in the total proposed development shall join the developer as

24  parties to the agreement. Each agreement shall include and be

25  subject to the following conditions:

26         1.  The developer shall comply with the preapplication

27  conference requirements pursuant to subsection (7) within 45

28  days after the execution of the agreement.

29         2.  The developer shall file an application for

30  development approval for the total proposed development within

31  3 months after execution of the agreement, unless the state

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  1  land planning agency agrees to a different time for good cause

  2  shown. Failure to timely file an application and to otherwise

  3  diligently proceed in good faith to obtain a final development

  4  order shall constitute a breach of the preliminary development

  5  agreement.

  6         3.  The agreement shall include maps and legal

  7  descriptions of both the preliminary development area and the

  8  total proposed development area and shall specifically

  9  describe the preliminary development in terms of magnitude and

10  location.  The area approved for preliminary development must

11  be included in the application for development approval and

12  shall be subject to the terms and conditions of the final

13  development order.

14         4.  The preliminary development shall be limited to

15  lands that the state land planning agency agrees are suitable

16  for development and shall only be allowed in areas where

17  adequate public infrastructure exists to accommodate the

18  preliminary development, when such development will utilize

19  public infrastructure.  The developer must also demonstrate

20  that the preliminary development will not result in material

21  adverse impacts to existing resources or existing or planned

22  facilities.

23         5.  The preliminary development agreement may allow

24  development which is:

25         a.  Less than or equal to 100 80 percent of any

26  applicable threshold if the developer demonstrates that such

27  development is consistent with subparagraph 4.; or

28         b.  Less than 120 percent of any applicable threshold

29  if the developer demonstrates that such development is part of

30  a proposed downtown development of regional impact specified

31  in subsection (22) or part of any areawide development of

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  1  regional impact specified in subsection (25) and that the

  2  development is consistent with subparagraph 4.

  3         6.  The developer and owners of the land may not claim

  4  vested rights, or assert equitable estoppel, arising from the

  5  agreement or any expenditures or actions taken in reliance on

  6  the agreement to continue with the total proposed development

  7  beyond the preliminary development. The agreement shall not

  8  entitle the developer to a final development order approving

  9  the total proposed development or to particular conditions in

10  a final development order.

11         7.  The agreement shall not prohibit the regional

12  planning agency from reviewing or commenting on any regional

13  issue that the regional agency determines should be included

14  in the regional agency's report on the application for

15  development approval.

16         8.  The agreement shall include a disclosure by the

17  developer and all the owners of the land in the total proposed

18  development of all land or development within 5 miles of the

19  total proposed development in which they have an interest and

20  shall describe such interest.

21         9.  In the event of a breach of the agreement or

22  failure to comply with any condition of the agreement, or if

23  the agreement was based on materially inaccurate information,

24  the state land planning agency may terminate the agreement or

25  file suit to enforce the agreement as provided in this section

26  and s. 380.11, including a suit to enjoin all development.

27         10.  A notice of the preliminary development agreement

28  shall be recorded by the developer in accordance with s.

29  28.222 with the clerk of the circuit court for each county in

30  which land covered by the terms of the agreement is located.

31  The notice shall include a legal description of the land

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  1  covered by the agreement and shall state the parties to the

  2  agreement, the date of adoption of the agreement and any

  3  subsequent amendments, the location where the agreement may be

  4  examined, and that the agreement constitutes a land

  5  development regulation applicable to portions of the land

  6  covered by the agreement.  The provisions of the agreement

  7  shall inure to the benefit of and be binding upon successors

  8  and assigns of the parties in the agreement.

  9         11.  Except for those agreements which authorize

10  preliminary development for substantial deviations pursuant to

11  subsection (19), a developer who no longer wishes to pursue a

12  development of regional impact may propose to abandon any

13  preliminary development agreement executed after January 1,

14  1985, including those pursuant to s. 380.032(3), provided at

15  the time of abandonment:

16         a.  A final development order under this section has

17  been rendered that approves all of the development actually

18  constructed; or

19         b.  The amount of development is less than 100 80

20  percent of all numerical thresholds of the guidelines and

21  standards, and the state land planning agency determines in

22  writing that the development to date is in compliance with all

23  applicable local regulations and the terms and conditions of

24  the preliminary development agreement and otherwise adequately

25  mitigates for the impacts of the development to date.

26

27  In either event, when a developer proposes to abandon said

28  agreement, the developer shall give written notice and state

29  that he or she is no longer proposing a development of

30  regional impact and provide adequate documentation that he or

31  she has met the criteria for abandonment of the agreement to

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  1  the state land planning agency.  Within 30 days of receipt of

  2  adequate documentation of such notice, the state land planning

  3  agency shall make its determination as to whether or not the

  4  developer meets the criteria for abandonment.  Once the state

  5  land planning agency determines that the developer meets the

  6  criteria for abandonment, the state land planning agency shall

  7  issue a notice of abandonment which shall be recorded by the

  8  developer in accordance with s. 28.222 with the clerk of the

  9  circuit court for each county in which land covered by the

10  terms of the agreement is located.

11         (12)  REGIONAL REPORTS.--

12         (a)  Within 50 days after receipt of the notice of

13  public hearing required in paragraph (11)(c), the regional

14  planning agency, if one has been designated for the area

15  including the local government, shall prepare and submit to

16  the local government a report and recommendations on the

17  regional impact of the proposed development.  In preparing its

18  report and recommendations, the regional planning agency shall

19  identify regional issues based upon the following review

20  criteria and make recommendations to the local government on

21  these regional issues, specifically considering whether, and

22  the extent to which:

23         1.  The development will have a favorable or

24  unfavorable impact on state or regional resources or

25  facilities identified in the applicable state or regional

26  plans.  For the purposes of this subsection, "applicable state

27  plan" means the state comprehensive plan. For the purposes of

28  this subsection, "applicable regional plan" means an adopted

29  comprehensive regional policy plan until the adoption of a

30  strategic regional policy plan pursuant to s. 186.508, and

31  thereafter means an adopted strategic regional policy plan.

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  1         2.  The development will significantly impact adjacent

  2  jurisdictions. At the request of the appropriate local

  3  government, regional planning agencies may also review and

  4  comment upon issues that affect only the requesting local

  5  government.

  6         3.  As one of the issues considered in the review in

  7  subparagraphs 1. and 2., the development will favorably or

  8  adversely affect the ability of people to find adequate

  9  housing reasonably accessible to their places of employment.

10  The determination should take into account information on

11  factors that are relevant to the availability of reasonably

12  accessible adequate housing.  Adequate housing means housing

13  that is available for occupancy and that is not substandard.

14         (b)  At the request of the regional planning agency,

15  other appropriate agencies shall review the proposed

16  development and shall prepare reports and recommendations on

17  issues that are clearly within the jurisdiction of those

18  agencies. Such agency reports shall become part of the

19  regional planning agency report; however, the regional

20  planning agency may attach dissenting views. When water

21  management district and Department of Environmental Protection

22  permits have been issued pursuant to chapter 373 or chapter

23  403, the regional planning council may comment on the regional

24  implications of the permits but may not offer conflicting

25  recommendations.

26         (c)  The regional planning agency shall afford the

27  developer or any substantially affected party reasonable

28  opportunity to present evidence to the regional planning

29  agency head relating to the proposed regional agency report

30  and recommendations.

31         (d)  When the location of a proposed development

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  1  involves land within the boundaries of multiple regional

  2  planning councils, the state land planning agency shall

  3  designate a lead regional planning council. The lead regional

  4  planning council shall prepare the regional report.

  5         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

  6         (c)  The development order shall include findings of

  7  fact and conclusions of law consistent with subsections (13)

  8  and (14). The development order:

  9         1.  Shall specify the monitoring procedures and the

10  local official responsible for assuring compliance by the

11  developer with the development order.

12         2.  Shall establish compliance dates for the

13  development order, including a deadline for commencing

14  physical development and for compliance with conditions of

15  approval or phasing requirements, and shall include a

16  termination date that reasonably reflects the time required to

17  complete the development.

18         3.  Shall establish a date until which the local

19  government agrees that the approved development of regional

20  impact shall not be subject to downzoning, unit density

21  reduction, or intensity reduction, unless the local government

22  can demonstrate that substantial changes in the conditions

23  underlying the approval of the development order have occurred

24  or the development order was based on substantially inaccurate

25  information provided by the developer or that the change is

26  clearly established by local government to be essential to the

27  public health, safety, or welfare.

28         4.  Shall specify the requirements for the biennial

29  annual report designated under subsection (18), including the

30  date of submission, parties to whom the report is submitted,

31  and contents of the report, based upon the rules adopted by

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  1  the state land planning agency.  Such rules shall specify the

  2  scope of any additional local requirements that may be

  3  necessary for the report.

  4         5.  May specify the types of changes to the development

  5  which shall require submission for a substantial deviation

  6  determination under subsection (19).

  7         6.  Shall include a legal description of the property.

  8         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

  9  submit a biennial an annual report on the development of

10  regional impact to the local government, the regional planning

11  agency, the state land planning agency, and all affected

12  permit agencies in alternate years on the date specified in

13  the development order, unless the development order by its

14  terms requires more frequent monitoring.  If the annual report

15  is not received, the regional planning agency or the state

16  land planning agency shall notify the local government.  If

17  the local government does not receive the annual report or

18  receives notification that the regional planning agency or the

19  state land planning agency has not received the report, the

20  local government shall request in writing that the developer

21  submit the report within 30 days.  The failure to submit the

22  report after 30 days shall result in the temporary suspension

23  of the development order by the local government. If no

24  additional development pursuant to the development order has

25  occurred since the submission of the previous report, then a

26  letter from the developer stating that no development has

27  occurred shall satisfy the requirement for a report.

28  Development orders that require annual reports may be amended

29  to require biennial reports at the option of the local

30  government.

31         (19)  SUBSTANTIAL DEVIATIONS.--

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  1         (b)  Any proposed change to a previously approved

  2  development of regional impact or development order condition

  3  which, either individually or cumulatively with other changes,

  4  exceeds any of the following criteria shall constitute a

  5  substantial deviation and shall cause the development to be

  6  subject to further development-of-regional-impact review

  7  without the necessity for a finding of same by the local

  8  government:

  9         1.  An increase in the number of parking spaces at an

10  attraction or recreational facility by 5 percent or 300

11  spaces, whichever is greater, or an increase in the number of

12  spectators that may be accommodated at such a facility by 5

13  percent or 1,000 spectators, whichever is greater.

14         2.  A new runway, a new terminal facility, a 25-percent

15  lengthening of an existing runway, or a 25-percent increase in

16  the number of gates of an existing terminal, but only if the

17  increase adds at least three additional gates.  However, if an

18  airport is located in two counties, a 10-percent lengthening

19  of an existing runway or a 20-percent increase in the number

20  of gates of an existing terminal is the applicable criteria.

21         3.  An increase in the number of hospital beds by 5

22  percent or 60 beds, whichever is greater.

23         4.  An increase in industrial development area by 5

24  percent or 32 acres, whichever is greater.

25         5.  An increase in the average annual acreage mined by

26  5 percent or 10 acres, whichever is greater, or an increase in

27  the average daily water consumption by a mining operation by 5

28  percent or 300,000 gallons, whichever is greater.  An increase

29  in the size of the mine by 5 percent or 750 acres, whichever

30  is less.

31         6.  An increase in land area for office development by

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  1  5 percent or 6 acres, whichever is greater, or an increase of

  2  gross floor area of office development by 5 percent or 60,000

  3  gross square feet, whichever is greater.

  4         7.  An increase in the storage capacity for chemical or

  5  petroleum storage facilities by 5 percent, 20,000 barrels, or

  6  7 million pounds, whichever is greater.

  7         8.  An increase of development at a waterport of wet

  8  storage for 20 watercraft, dry storage for 30 watercraft, or

  9  wet/dry storage for 60 watercraft in an area identified in the

10  state marina siting plan as an appropriate site for additional

11  waterport development or a 5-percent increase in watercraft

12  storage capacity, whichever is greater.

13         9.  An increase in the number of dwelling units by 5

14  percent or 50 dwelling units, whichever is greater.

15         10.  An increase in commercial development by 6 acres

16  of land area or by 50,000 square feet of gross floor area, or

17  of parking spaces provided for customers for 300 cars or a

18  5-percent increase of either any of these, whichever is

19  greater.

20         11.  An increase in hotel or motel facility units by 5

21  percent or 75 units, whichever is greater.

22         12.  An increase in a recreational vehicle park area by

23  5 percent or 100 vehicle spaces, whichever is less.

24         13.  A decrease in the area set aside for open space of

25  5 percent or 20 acres, whichever is less.

26         14.  A proposed increase to an approved multiuse

27  development of regional impact where the sum of the increases

28  of each land use as a percentage of the applicable substantial

29  deviation criteria is equal to or exceeds 100 percent. The

30  percentage of any decrease in the amount of open space shall

31  be treated as an increase for purposes of determining when 100

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  1  percent has been reached or exceeded.

  2         15.  A 15-percent increase in the number of external

  3  vehicle trips generated by the development above that which

  4  was projected during the original

  5  development-of-regional-impact review.

  6         16.  Any change which would result in development of

  7  any area which was specifically set aside in the application

  8  for development approval or in the development order for

  9  preservation or special protection of endangered or threatened

10  plants or animals designated as endangered, threatened, or

11  species of special concern and their habitat, primary dunes,

12  or archaeological and historical sites designated as

13  significant by the Division of Historical Resources of the

14  Department of State.  The further refinement of such areas by

15  survey shall be considered under sub-subparagraph (e)5.b.

16

17  The substantial deviation numerical standards in subparagraphs

18  4., 6., 10., 14., excluding residential uses, and 15., are

19  increased by 100 percent for a project certified under s.

20  403.973 which creates jobs and meets criteria established by

21  the Office of Tourism, Trade, and Economic Development as to

22  its impact on an area's economy, employment, and prevailing

23  wage and skill levels. The substantial deviation numerical

24  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

25  increased by 50 percent for a project located wholly within an

26  urban infill and redevelopment area designated on the

27  applicable adopted local comprehensive plan future land use

28  map and not located within the coastal high hazard area.

29         (c)  An extension of the date of buildout of a

30  development, or any phase thereof, by 7 or more years shall be

31  presumed to create a substantial deviation subject to further

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  1  development-of-regional-impact review. An extension of 6 years

  2  or more, but less than 7 years, shall be presumed not to

  3  create a substantial deviation. An extension of the date of

  4  buildout, or any phase thereof, of 5 years or more but less

  5  than 7 years shall be presumed not to create a substantial

  6  deviation. These presumptions may be rebutted by clear and

  7  convincing evidence at the public hearing held by the local

  8  government. An extension of the date of buildout, or any phase

  9  thereof, of less than 6 5 years is not a substantial

10  deviation. For the purpose of calculating when a buildout,

11  phase, or termination date has been exceeded, the time shall

12  be tolled during the pendency of administrative or judicial

13  proceedings relating to development permits.  Any extension of

14  the buildout date of a project or a phase thereof shall

15  automatically extend the commencement date of the project, the

16  termination date of the development order, the expiration date

17  of the development of regional impact, and the phases thereof

18  by a like period of time.

19         (e)1.  A proposed change which, either individually or,

20  if there were previous changes, cumulatively with those

21  changes, is equal to or exceeds 40 percent of any numerical

22  criterion in subparagraphs (b)1.-15., but which does not

23  exceed such criterion, shall be presumed not to create a

24  substantial deviation subject to further

25  development-of-regional-impact review.  The presumption may be

26  rebutted by clear and convincing evidence at the public

27  hearing held by the local government pursuant to subparagraph

28  (f)5.

29         2.  Except for a development order rendered pursuant to

30  subsection (22) or subsection (25), a proposed change to a

31  development order that individually or cumulatively with any

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  1  previous change is less than 40 percent of any numerical

  2  criterion contained in subparagraphs (b)1.-15. and does not

  3  exceed any other criterion, or that involves an extension of

  4  the buildout date of a development, or any phase thereof, of

  5  less than 6 5 years is not a substantial deviation, is not

  6  subject to the public hearing requirements of subparagraph

  7  (f)3., and is not subject to a determination pursuant to

  8  subparagraph (f)5.  Notice of the proposed change shall be

  9  made to the regional planning council and the state land

10  planning agency. Such notice shall include a description of

11  previous individual changes made to the development, including

12  changes previously approved by the local government, and shall

13  include appropriate amendments to the development order.

14         2.  The following changes, individually or cumulatively

15  with any previous changes, are not substantial deviations:

16         a.  Changes in the name of the project, developer,

17  owner, or monitoring official.

18         b.  Changes to a setback that do not affect noise

19  buffers, environmental protection or mitigation areas, or

20  archaeological or historical resources.

21         c.  Changes to minimum lot sizes.

22         d.  Changes in the configuration of internal roads that

23  do not affect external access points.

24         e.  Changes to the building design or orientation that

25  stay approximately within the approved area designated for

26  such building and parking lot, and which do not affect

27  historical buildings designated as significant by the Division

28  of Historical Resources of the Department of State.

29         f.  Changes to increase the acreage in the development,

30  provided that no development is proposed on the acreage to be

31  added.

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  1         g.  Changes to eliminate an approved land use, provided

  2  that there are no additional regional impacts.

  3         h.  Changes required to conform to permits approved by

  4  any federal, state, or regional permitting agency, provided

  5  that these changes do not create additional regional impacts.

  6         i.  Any renovation or redevelopment of development

  7  within a previously approved development of regional impact

  8  which does not change land use or increase density or

  9  intensity of use.

10         (j)i.  Any other change which the state land planning

11  agency agrees in writing is similar in nature, impact, or

12  character to the changes enumerated in sub-subparagraphs a.-i.

13  a.-h. and which does not create the likelihood of any

14  additional regional impact.

15

16  This subsection does not require a development order amendment

17  for any change listed in sub-subparagraphs a.-j. a.-i. unless

18  such issue is addressed either in the existing development

19  order or in the application for development approval, but, in

20  the case of the application, only if, and in the manner in

21  which, the application is incorporated in the development

22  order.

23         3.  Except for the change authorized by

24  sub-subparagraph 2.f., any addition of land not previously

25  reviewed or any change not specified in paragraph (b) or

26  paragraph (c) shall be presumed to create a substantial

27  deviation.  This presumption may be rebutted by clear and

28  convincing evidence.

29         4.  Any submittal of a proposed change to a previously

30  approved development shall include a description of individual

31  changes previously made to the development, including changes

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  1  previously approved by the local government.  The local

  2  government shall consider the previous and current proposed

  3  changes in deciding whether such changes cumulatively

  4  constitute a substantial deviation requiring further

  5  development-of-regional-impact review.

  6         5.  The following changes to an approved development of

  7  regional impact shall be presumed to create a substantial

  8  deviation.  Such presumption may be rebutted by clear and

  9  convincing evidence.

10         a.  A change proposed for 15 percent or more of the

11  acreage to a land use not previously approved in the

12  development order.  Changes of less than 15 percent shall be

13  presumed not to create a substantial deviation.

14         b.  Except for the types of uses listed in subparagraph

15  (b)16., any change which would result in the development of

16  any area which was specifically set aside in the application

17  for development approval or in the development order for

18  preservation, buffers, or special protection, including

19  habitat for plant and animal species, archaeological and

20  historical sites, dunes, and other special areas.

21         c.  Notwithstanding any provision of paragraph (b) to

22  the contrary, a proposed change consisting of simultaneous

23  increases and decreases of at least two of the uses within an

24  authorized multiuse development of regional impact which was

25  originally approved with three or more uses specified in s.

26  380.0651(3)(c), (d), (f), and (g) and residential use.

27         (f)1.  The state land planning agency shall establish

28  by rule standard forms for submittal of proposed changes to a

29  previously approved development of regional impact which may

30  require further development-of-regional-impact review.  At a

31  minimum, the standard form shall require the developer to

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  1  provide the precise language that the developer proposes to

  2  delete or add as an amendment to the development order.

  3         2.  The developer shall submit, simultaneously, to the

  4  local government, the regional planning agency, and the state

  5  land planning agency the request for approval of a proposed

  6  change.

  7         3.  No sooner than 30 days but no later than 45 days

  8  after submittal by the developer to the local government, the

  9  state land planning agency, and the appropriate regional

10  planning agency, the local government shall give 15 days'

11  notice and schedule a public hearing to consider the change

12  that the developer asserts does not create a substantial

13  deviation. This public hearing shall be held within 90 days

14  after submittal of the proposed changes, unless that time is

15  extended by the developer.

16         4.  The appropriate regional planning agency or the

17  state land planning agency shall review the proposed change

18  and, no later than 45 days after submittal by the developer of

19  the proposed change, unless that time is extended by the

20  developer, and prior to the public hearing at which the

21  proposed change is to be considered, shall advise the local

22  government in writing whether it objects to the proposed

23  change, shall specify the reasons for its objection, if any,

24  and shall provide a copy to the developer.  A change which is

25  subject to the substantial deviation criteria specified in

26  sub-subparagraph (e)5.c. shall not be subject to this

27  requirement.

28         5.  At the public hearing, the local government shall

29  determine whether the proposed change requires further

30  development-of-regional-impact review.  The provisions of

31  paragraphs (a) and (e), the thresholds set forth in paragraph

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  1  (b), and the presumptions set forth in paragraphs (c) and (d)

  2  and subparagraph (e)3. subparagraphs (e)1. and 3. shall be

  3  applicable in determining whether further

  4  development-of-regional-impact review is required.

  5         6.  If the local government determines that the

  6  proposed change does not require further

  7  development-of-regional-impact review and is otherwise

  8  approved, or if the proposed change is not subject to a

  9  hearing and determination pursuant to subparagraphs 3. and 5.

10  and is otherwise approved, the local government shall issue an

11  amendment to the development order incorporating the approved

12  change and conditions of approval relating to the change. The

13  decision of the local government to approve, with or without

14  conditions, or to deny the proposed change that the developer

15  asserts does not require further review shall be subject to

16  the appeal provisions of s. 380.07. However, the state land

17  planning agency may not appeal the local government decision

18  if it did not comply with subparagraph 4.  The state land

19  planning agency may not appeal a change to a development order

20  made pursuant to subparagraph (e)1. or subparagraph (e)2. for

21  developments of regional impact approved after January 1,

22  1980, unless the change would result in a significant impact

23  to a regionally significant archaeological, historical, or

24  natural resource not previously identified in the original

25  development-of-regional-impact review.

26         (24)  STATUTORY EXEMPTIONS.--

27         (i)  Any proposed facility for the storage of any

28  petroleum product or any expansion of an existing facility is

29  exempt from the provisions of this section, if the facility is

30  consistent with a local comprehensive plan that is in

31  compliance with s. 163.3177 or is consistent with a

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  1  comprehensive port master plan that is in compliance with s.

  2  163.3178.

  3         (j)  Any renovation or redevelopment within the same

  4  land parcel which does not change land use or increase density

  5  or intensity of use.

  6         Section 32.  Paragraphs (d) and (f) of subsection (3)

  7  of section 380.0651, Florida Statutes, are amended to read:

  8         380.0651  Statewide guidelines and standards.--

  9         (3)  The following statewide guidelines and standards

10  shall be applied in the manner described in s. 380.06(2) to

11  determine whether the following developments shall be required

12  to undergo development-of-regional-impact review:

13         (d)  Office development.--Any proposed office building

14  or park operated under common ownership, development plan, or

15  management that:

16         1.  Encompasses 300,000 or more square feet of gross

17  floor area; or

18         2.  Has a total site size of 30 or more acres; or

19         3.  Encompasses more than 600,000 square feet of gross

20  floor area in a county with a population greater than 500,000

21  and only in a geographic area specifically designated as

22  highly suitable for increased threshold intensity in the

23  approved local comprehensive plan and in the strategic

24  regional policy plan.

25         (f)  Retail and service development.--Any proposed

26  retail, service, or wholesale business establishment or group

27  of establishments which deals primarily with the general

28  public onsite, operated under one common property ownership,

29  development plan, or management that:

30         1.  Encompasses more than 400,000 square feet of gross

31  area; or

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  1         2.  Occupies more than 40 acres of land; or

  2         3.  Provides parking spaces for more than 2,500 cars.

  3         Section 33.  (1)  Nothing contained in this act

  4  abridges or modifies any vested or other right or any duty or

  5  obligation pursuant to any development order or agreement that

  6  is applicable to a development of regional impact on the

  7  effective date of this act.  A development that has received a

  8  development-of-regional-impact development order pursuant to

  9  section 380.06, Florida Statutes, but is no longer required to

10  undergo development-of-regional-impact review by operation of

11  this act, shall be governed by the following procedures:

12         (a)  The development shall continue to be governed by

13  the development-of-regional-impact development order and may

14  be completed in reliance upon and pursuant to the development

15  order.  The development-of-regional-impact development order

16  may be enforced by the local government as provided by

17  sections 380.06(17) and 380.11, Florida Statutes.

18         (b)  If requested by the developer or landowner, the

19  development-of-regional-impact development order may be

20  abandoned pursuant to the process in s. 380.06(26).

21         (2)  A development with an application for development

22  approval pending, and determined sufficient pursuant to

23  section 380.06(10), Florida Statutes, on the effective date of

24  this act, or a notification of proposed change pending on the

25  effective date of this act, may elect to continue such review

26  pursuant to section 380.06, Florida Statutes.  At the

27  conclusion of the pending review, including any appeals

28  pursuant to section 380.07, Florida Statutes, the resulting

29  development order shall be governed by the provisions of

30  subsection (1).

31         Section 34.  It is the intent of the Legislature that

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  1  section 5 or section 24 of this act shall not affect the

  2  outcome of any litigation pending on the effective date of

  3  this act, including any future appeals. It is the further

  4  intent of the Legislature that section 5 or section 24 of this

  5  act do not serve as legal authority support of any party to

  6  such litigation or any appeal thereof.

  7         Section 35.  It is the intent of the Legislature that

  8  section 10 of this act shall not affect the outcome of

  9  Pinecrest Lakes, Inc. v. Schidel, 795 So.2d 191 (Fla. 4th DCA

10  2001), rehearing denied, 802 So.2d 486.

11         Section 36.  The Legislature finds that the integration

12  of the growth management system and the planning of public

13  educational facilities is a matter of great public importance.

14         Section 37.  This act shall take effect upon becoming a

15  law.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         Delete everything before the enacting clause

21

22  and insert:

23                      A bill to be entitled

24         An act relating to growth management; amending

25         s. 163.3174, F.S.; requiring that the

26         membership of all local planning agencies or

27         equivalent agencies that review comprehensive

28         plan amendments and rezonings include a

29         nonvoting representative of the district school

30         board; amending s. 163.3177, F.S.; revising

31         elements of comprehensive plans; revising

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  1         provisions governing the regulation of

  2         intensity of use in the future land use map;

  3         providing for intergovernmental coordination

  4         between local governments and district school

  5         boards where a public-school-facilities element

  6         has been adopted; requiring certain local

  7         governments to prepare an inventory of

  8         service-delivery interlocal agreements;

  9         requiring local governments to provide the

10         Legislature with recommendations regarding

11         annexation; requiring local governments to

12         consider water-supply data and analysis in

13         their potable-water and conservation elements;

14         repealing s. 163.31775, F.S., which provides

15         for intergovernmental coordination element

16         rules; creating s. 163.31776, F.S.; providing

17         legislative intent and findings with respect to

18         a public educational facilities element;

19         providing for certain municipalities to be

20         exempt; requiring that the public educational

21         facilities element include certain provisions;

22         providing requirements for future land-use

23         maps; providing a process for adopting the

24         public educational facilities element; creating

25         s.163.31777, F.S.; requiring certain local

26         governments and school boards to enter into a

27         public schools interlocal agreement; providing

28         a schedule; providing for the content of the

29         interlocal agreement; providing a waiver

30         procedure associated with school districts

31         having decreasing student population; providing

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  1         a procedure for adoption and administrative

  2         challenge; providing sanctions for the failure

  3         to enter an interlocal agreement; providing

  4         that a public school's interlocal agreement may

  5         only establish interlocal coordination

  6         procedures unless specific goals, objectives,

  7         and policies contained in the agreement are

  8         incorporated into the plan; amending s.

  9         163.3180, F.S.; providing an exemption from

10         concurrency for certain urban infill areas;

11         amending s. 163.3184, F.S.; revising

12         definitions; revising provisions governing the

13         process for adopting comprehensive plans and

14         plan amendments; amending s. 163.3187, F.S.;

15         conforming a cross-reference; authorizing the

16         adoption of a public educational facilities

17         element, notwithstanding certain limitations;

18         amending s. 163.3191, F.S., relating to

19         evaluation and appraisal of comprehensive

20         plans; conforming provisions to changes made by

21         the act; requiring an evaluation of whether the

22         potable-water element considers the appropriate

23         water management district's regional water

24         supply plan and includes a workplan for

25         building new water supply facilities; requiring

26         local governments within coastal high-hazard

27         areas to address certain issues in the

28         evaluation and appraisal of their comprehensive

29         plans; amending s. 163.3215, F.S.; revising the

30         methods for challenging the consistency of a

31         development order with a comprehensive plan;

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  1         redefining the term "aggrieved or adversely

  2         affected party"; creating s. 163.3246, F.S.;

  3         creating a Local Government Comprehensive

  4         Planning certification Program to be

  5         administered by the Department of Community

  6         Affairs; defining the purpose of the

  7         certification area to designate areas that are

  8         appropriate for urban growth within a 10-year

  9         timeframe; providing for certification

10         criteria; specifying the contents of the

11         certification agreement; providing evaluation

12         criteria; authorizing the Department of

13         Community Affairs to adopt procedural rules;

14         providing for the revocation of certification

15         agreements; providing for the rights of

16         affected persons to challenge local government

17         compliance with certification agreements;

18         eliminating state and regional review of

19         certain local comprehensive plan amendments

20         within certified areas; providing exceptions;

21         providing for the periodic review of a local

22         government's certification by the Department of

23         Community Affairs; requiring the submission of

24         biennial reports to the Governor and

25         Legislature; providing for review of the

26         certification program by the Office of Program

27         Policy Analysis and Government Accountability;

28         amending s. 186.504, F.S.; adding an elected

29         school board member to the membership of each

30         regional planning council; amending s. 212.055,

31         F.S.; providing for the levy of the

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  1         infrastructure sales surtax and the school

  2         capital outlay surtax by a two-thirds vote and

  3         requiring certain educational facility planning

  4         prior to the levy of the school capital outlay

  5         surtax; providing for the uses of the surtax

  6         proceeds; amending s. 235.002, F.S.; revising

  7         legislative intent; reenacting and amending s.

  8         235.15, F.S.; revising requirements for

  9         educational plant surveys; revising

10         requirements for review and validation of such

11         surveys; amending s. 235.175, F.S.; requiring

12         school districts to adopt educational

13         facilities plans; amending s. 235.18, F.S.,

14         relating to capital outlay budgets of school

15         boards; conforming provisions; amending s.

16         235.185, F.S.; requiring school district

17         educational facilities plans; providing

18         definitions; specifying projections and other

19         information to be included in the plans;

20         providing requirements for the plans; requiring

21         district school boards to submit a tentative

22         plan to the local government; providing for

23         adopting and executing the plans; creating s.

24         235.1851, F.S.; providing legislative intent;

25         authorizing the creation of educational

26         facilities benefit districts pursuant to

27         interlocal agreement; providing for creation of

28         an educational facilities benefit district

29         through adoption of an ordinance; specifying

30         content of such ordinances; providing for the

31         creating entity to be the local general purpose

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  1         government within whose boundaries a majority

  2         of the educational facilities benefit

  3         district's lands are located; providing that

  4         educational facilities benefit districts may

  5         only be created with the consent of the

  6         district school board, all affected local

  7         general purpose governments, and all landowners

  8         within the district; providing for the

  9         membership of the governing boards of

10         educational facilities benefit districts;

11         providing the powers of educational facilities

12         benefit districts; authorizing community

13         development districts, created pursuant to ch.

14         190, F.S., to be eligible for financial

15         enhancements available to educational

16         facilities benefit districts; conditioning such

17         eligibility upon the establishment of an

18         interlocal agreement; creating s. 235.1852,

19         F.S.; providing funding for educational

20         facilities benefit districts and community

21         development districts; creating s. 235.1853,

22         F.S.; providing for the utilization of

23         educational facilities built pursuant to this

24         act;  amending s. 235.188, F.S.; conforming

25         provisions; amending s. 235.19, F.S.; providing

26         that site planning and selection must be

27         consistent with interlocal agreements entered

28         between local governments and school boards;

29         amending s. 235.193, F.S.; requiring school

30         districts to enter certain interlocal

31         agreements with local governments; providing a

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  1         schedule; providing for the content of the

  2         interlocal agreement; providing a waiver

  3         procedure associated with school districts

  4         having decreasing student population; providing

  5         a procedure for adoption and administrative

  6         challenge; providing sanctions for failure to

  7         enter an agreement; providing that a public

  8         school's interlocal agreement may not be used

  9         by a local government as the sole basis for

10         denying a comprehensive plan amendment or

11         development order; providing requirements for

12         preparing a district educational facilities

13         report; repealing s. 235.194, F.S., relating to

14         the general educational facilities report;

15         amending s. 235.218, F.S.; requiring the SMART

16         Schools Clearinghouse to adopt measures for

17         evaluating the school district educational

18         facilities plans; amending s. 235.2197, F.S.;

19         correcting a statutory cross-reference;

20         amending ss. 235.321, 236.25, F.S.; conforming

21         provisions; amending s. 380.04, F.S.; revising

22         the definition of "development" with regard to

23         operations that do not involve development to

24         include federal interstate highways and the

25         transmission of electricity within an existing

26         right-of-way; amending s. 380.06, F.S.,

27         relating to developments of regional impact;

28         removing a rebuttable presumption with respect

29         to application of the statewide guidelines and

30         standards and revising the fixed thresholds;

31         providing for designation of a lead regional

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  1         planning council; providing for submission of

  2         biennial, rather than annual, reports by the

  3         developer; authorizing submission of a letter,

  4         rather than a report, under certain

  5         circumstances; providing for amendment of

  6         development orders with respect to report

  7         frequency; revising provisions governing

  8         substantial deviation standards for

  9         developments of regional impact; providing that

10         an extension of the date of buildout of less

11         than 6 years is not a substantial deviation;

12         providing that certain renovation or

13         redevelopment of a previously approved

14         development of regional impact is not a

15         substantial deviation; providing a statutory

16         exemption from the

17         development-of-regional-impact process for

18         petroleum storage facilities and certain

19         renovation or redevelopment; amending s.

20         380.0651, F.S.; revising the guidelines and

21         standards for office development, and retail

22         and service development; providing application

23         with respect to developments that have received

24         a development-of-regional-impact development

25         order or that have an application for

26         development approval or notification of

27         proposed change pending; providing legislative

28         intent with respect to the inapplicability of

29         specified portions of the act to pending

30         litigation or future appeals; providing a

31         legislative finding that the act is a matter of

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  1         great public importance; providing an effective

  2         date.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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