Senate Bill sb1906e1

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  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 163.3174, F.S.; requiring that the

  4         membership of all local planning agencies or

  5         equivalent agencies that review comprehensive

  6         plan amendments and rezonings include a

  7         nonvoting representative of the district school

  8         board; amending s. 163.3177, F.S.; revising

  9         elements of comprehensive plans; revising

10         provisions governing the regulation of

11         intensity of use in the future land use map;

12         providing for intergovernmental coordination

13         between local governments and district school

14         boards where a public-school-facilities element

15         has been adopted; requiring certain local

16         governments to prepare an inventory of

17         service-delivery interlocal agreements;

18         requiring local governments to provide the

19         Legislature with recommendations regarding

20         annexation; requiring local governments to

21         consider water-supply data and analysis in

22         their potable-water and conservation elements;

23         repealing s. 163.31775, F.S., which provides

24         for intergovernmental coordination element

25         rules; creating s. 163.31776, F.S.; providing

26         legislative intent and findings with respect to

27         a public educational facilities element;

28         providing for certain municipalities to be

29         exempt; requiring that the public educational

30         facilities element include certain provisions;

31         providing requirements for future land-use


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  1         maps; providing a process for adopting the

  2         public educational facilities element; creating

  3         s.163.31777, F.S.; requiring certain local

  4         governments and school boards to enter into a

  5         public schools interlocal agreement; providing

  6         a schedule; providing for the content of the

  7         interlocal agreement; providing a waiver

  8         procedure associated with school districts

  9         having decreasing student population; providing

10         a procedure for adoption and administrative

11         challenge; providing sanctions for the failure

12         to enter an interlocal agreement; providing

13         that a public school's interlocal agreement may

14         only establish interlocal coordination

15         procedures unless specific goals, objectives,

16         and policies contained in the agreement are

17         incorporated into the plan; amending s.

18         163.3180, F.S.; providing an exemption from

19         concurrency for certain urban infill areas;

20         amending s. 163.3184, F.S.; revising

21         definitions; revising provisions governing the

22         process for adopting comprehensive plans and

23         plan amendments; amending s. 163.3187, F.S.;

24         conforming a cross-reference; authorizing the

25         adoption of a public educational facilities

26         element, notwithstanding certain limitations;

27         amending s. 163.3191, F.S., relating to

28         evaluation and appraisal of comprehensive

29         plans; conforming provisions to changes made by

30         the act; requiring an evaluation of whether the

31         potable-water element considers the appropriate


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  1         water management district's regional water

  2         supply plan and includes a workplan for

  3         building new water supply facilities; requiring

  4         local governments within coastal high-hazard

  5         areas to address certain issues in the

  6         evaluation and appraisal of their comprehensive

  7         plans; amending s. 163.3215, F.S.; revising the

  8         methods for challenging the consistency of a

  9         development order with a comprehensive plan;

10         redefining the term "aggrieved or adversely

11         affected party"; creating s. 163.3246, F.S.;

12         creating a Local Government Comprehensive

13         Planning certification Program to be

14         administered by the Department of Community

15         Affairs; defining the purpose of the

16         certification area to designate areas that are

17         appropriate for urban growth within a 10-year

18         timeframe; providing for certification

19         criteria; specifying the contents of the

20         certification agreement; providing evaluation

21         criteria; authorizing the Department of

22         Community Affairs to adopt procedural rules;

23         providing for the revocation of certification

24         agreements; providing for the rights of

25         affected persons to challenge local government

26         compliance with certification agreements;

27         eliminating state and regional review of

28         certain local comprehensive plan amendments

29         within certified areas; providing exceptions;

30         providing for the periodic review of a local

31         government's certification by the Department of


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  1         Community Affairs; requiring the submission of

  2         biennial reports to the Governor and

  3         Legislature; providing for review of the

  4         certification program by the Office of Program

  5         Policy Analysis and Government Accountability;

  6         amending s. 186.504, F.S.; adding an elected

  7         school board member to the membership of each

  8         regional planning council; amending s. 212.055,

  9         F.S.; providing for the levy of the

10         infrastructure sales surtax and the school

11         capital outlay surtax by a two-thirds vote and

12         requiring certain educational facility planning

13         prior to the levy of the school capital outlay

14         surtax; providing for the uses of the surtax

15         proceeds; amending s. 235.002, F.S.; revising

16         legislative intent; reenacting and amending s.

17         235.15, F.S.; revising requirements for

18         educational plant surveys; revising

19         requirements for review and validation of such

20         surveys; amending s. 235.175, F.S.; requiring

21         school districts to adopt educational

22         facilities plans; amending s. 235.18, F.S.,

23         relating to capital outlay budgets of school

24         boards; conforming provisions; amending s.

25         235.185, F.S.; requiring school district

26         educational facilities plans; providing

27         definitions; specifying projections and other

28         information to be included in the plans;

29         providing requirements for the plans; requiring

30         district school boards to submit a tentative

31         plan to the local government; providing for


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  1         adopting and executing the plans; creating s.

  2         235.1851, F.S.; providing legislative intent;

  3         authorizing the creation of educational

  4         facilities benefit districts pursuant to

  5         interlocal agreement; providing for creation of

  6         an educational facilities benefit district

  7         through adoption of an ordinance; specifying

  8         content of such ordinances; providing for the

  9         creating entity to be the local general purpose

10         government within whose boundaries a majority

11         of the educational facilities benefit

12         district's lands are located; providing that

13         educational facilities benefit districts may

14         only be created with the consent of the

15         district school board, all affected local

16         general purpose governments, and all landowners

17         within the district; providing for the

18         membership of the governing boards of

19         educational facilities benefit districts;

20         providing the powers of educational facilities

21         benefit districts; authorizing community

22         development districts, created pursuant to ch.

23         190, F.S., to be eligible for financial

24         enhancements available to educational

25         facilities benefit districts; conditioning such

26         eligibility upon the establishment of an

27         interlocal agreement; creating s. 235.1852,

28         F.S.; providing funding for educational

29         facilities benefit districts and community

30         development districts; creating s. 235.1853,

31         F.S.; providing for the utilization of


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  1         educational facilities built pursuant to this

  2         act;  amending s. 235.188, F.S.; conforming

  3         provisions; amending s. 235.19, F.S.; providing

  4         that site planning and selection must be

  5         consistent with interlocal agreements entered

  6         between local governments and school boards;

  7         amending s. 235.193, F.S.; requiring school

  8         districts to enter certain interlocal

  9         agreements with local governments; providing a

10         schedule; providing for the content of the

11         interlocal agreement; providing a waiver

12         procedure associated with school districts

13         having decreasing student population; providing

14         a procedure for adoption and administrative

15         challenge; providing sanctions for failure to

16         enter an agreement; providing that a public

17         school's interlocal agreement may not be used

18         by a local government as the sole basis for

19         denying a comprehensive plan amendment or

20         development order; providing requirements for

21         preparing a district educational facilities

22         report; repealing s. 235.194, F.S., relating to

23         the general educational facilities report;

24         amending s. 235.218, F.S.; requiring the SMART

25         Schools Clearinghouse to adopt measures for

26         evaluating the school district educational

27         facilities plans; amending s. 235.2197, F.S.;

28         correcting a statutory cross-reference;

29         amending ss. 235.321, 236.25, F.S.; conforming

30         provisions; amending s. 380.04, F.S.; revising

31         the definition of "development" with regard to


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  1         operations that do not involve development to

  2         include federal interstate highways and the

  3         transmission of electricity within an existing

  4         right-of-way; amending s. 380.06, F.S.,

  5         relating to developments of regional impact;

  6         removing a rebuttable presumption with respect

  7         to application of the statewide guidelines and

  8         standards and revising the fixed thresholds;

  9         providing for designation of a lead regional

10         planning council; providing for submission of

11         biennial, rather than annual, reports by the

12         developer; authorizing submission of a letter,

13         rather than a report, under certain

14         circumstances; providing for amendment of

15         development orders with respect to report

16         frequency; revising provisions governing

17         substantial deviation standards for

18         developments of regional impact; providing that

19         an extension of the date of buildout of less

20         than 6 years is not a substantial deviation;

21         providing that certain renovation or

22         redevelopment of a previously approved

23         development of regional impact is not a

24         substantial deviation; providing a statutory

25         exemption from the

26         development-of-regional-impact process for

27         petroleum storage facilities and certain

28         renovation or redevelopment; amending s.

29         380.0651, F.S.; revising the guidelines and

30         standards for office development, and retail

31         and service development; providing application


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  1         with respect to developments that have received

  2         a development-of-regional-impact development

  3         order or that have an application for

  4         development approval or notification of

  5         proposed change pending; amending s. 163.3194,

  6         F.S.; providing that a local government shall

  7         not deny an application for a development

  8         approval for a requested land use for certain

  9         approved solid waste management facilities that

10         have previously received a land use

11         classification change allowing the requested

12         land use on the same property; providing

13         legislative intent with respect to the

14         inapplicability of specified portions of the

15         act to pending litigation or future appeals;

16         providing a legislative finding that the act is

17         a matter of great public importance; providing

18         an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

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

23  Statutes, is amended to read:

24         163.3174  Local planning agency.--

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

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

27  shall designate and by ordinance establish a "local planning

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

29  Notwithstanding any special act to the contrary, all local

30  planning agencies or equivalent agencies that first review

31  rezoning and comprehensive plan amendments in each


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  1  municipality and county shall include a representative of the

  2  school district appointed by the school board as a nonvoting

  3  member of the local planning agency or equivalent agency to

  4  attend those meetings at which the agency considers

  5  comprehensive plan amendments and rezonings that would, if

  6  approved, increase residential density on the property that is

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

  8  not prevent the governing body of the local government from

  9  granting voting status to the school board member. The

10  governing body may designate itself as the local planning

11  agency pursuant to this subsection with the addition of a

12  nonvoting school board representative. The governing body

13  shall notify the state land planning agency of the

14  establishment of its local planning agency. All local planning

15  agencies shall provide opportunities for involvement by

16  district school boards and applicable community college

17  boards, which may be accomplished by formal representation,

18  membership on technical advisory committees, or other

19  appropriate means. The local planning agency shall prepare the

20  comprehensive plan or plan amendment after hearings to be held

21  after public notice and shall make recommendations to the

22  governing body regarding the adoption or amendment of the

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

24  planning department of the local government, or other

25  instrumentality, including a countywide planning entity

26  established by special act or a council of local government

27  officials created pursuant to s. 163.02, provided the

28  composition of the council is fairly representative of all the

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

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

31  effective date of this act which authorizes the governing


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  1  bodies to adopt and enforce a land use plan effective

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

  3  agency for those local governments until such time as the

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

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

  6  responsibility between the county and the several

  7  municipalities therein shall be as stipulated in the charter.

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

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

10  Statutes, are amended to read:

11         163.3177  Required and optional elements of

12  comprehensive plan; studies and surveys.--

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

14  with the comprehensive plans of adjacent municipalities, the

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

16  water management district's regional water supply plans

17  approved pursuant to s. 373.0361; with adopted rules

18  pertaining to designated areas of critical state concern; and

19  with the state comprehensive plan shall be a major objective

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

21  the preparation of a comprehensive plan or element thereof,

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

23  governing body shall include a specific policy statement

24  indicating the relationship of the proposed development of the

25  area to the comprehensive plans of adjacent municipalities,

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

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

28  adopted plans or plans in preparation may exist.

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

30  government jurisdiction is or becomes part of a designated

31  area of critical state concern, the local government shall


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  1  clearly identify those portions of the local comprehensive

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

  3  indicate the relationship of the proposed development of the

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

  5         (6)  In addition to the requirements of subsections

  6  (1)-(5), the comprehensive plan shall include the following

  7  elements:

  8         (a)  A future land use plan element designating

  9  proposed future general distribution, location, and extent of

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

11  industry, agriculture, recreation, conservation, education,

12  public buildings and grounds, other public facilities, and

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

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

15  included and must plan shall include standards to be followed

16  in the control and distribution of population densities and

17  building and structure intensities.  The proposed

18  distribution, location, and extent of the various categories

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

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

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

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

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

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

25  including the amount of land required to accommodate

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

27  character of undeveloped land; the availability of public

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

29  blighted areas and the elimination of nonconforming uses which

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

31  rural communities, the need for job creation, capital


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  1  investment, and economic development that will strengthen and

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

  3  may designate areas for future planned development use

  4  involving combinations of types of uses for which special

  5  regulations may be necessary to ensure development in accord

  6  with the principles and standards of the comprehensive plan

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

  8  of land designated for future planned industrial use shall be

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

10  creation, capital investment, and the necessity to strengthen

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

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

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

14  possible future municipal incorporation. The land use maps or

15  map series shall generally identify and depict historic

16  district boundaries and shall designate historically

17  significant properties meriting protection.  The future land

18  use element must clearly identify the land use categories in

19  which public schools are an allowable use.  When delineating

20  the land use categories in which public schools are an

21  allowable use, a local government shall include in the

22  categories sufficient land proximate to residential

23  development to meet the projected needs for schools in

24  coordination with public school boards and may establish

25  differing criteria for schools of different type or size.

26  Each local government shall include lands contiguous to

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

28  the land use categories in which public schools are an

29  allowable use. All comprehensive plans must comply with the

30  school siting requirements of this paragraph no later than

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


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

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

  3  amend the local comprehensive plan, except for plan amendments

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

  5  requirements are met. Amendments An amendment proposed by a

  6  local government for purposes of identifying the land use

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

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

  9  163.31776(3) are is exempt from the limitation on the

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

11  future land use element shall include criteria that which

12  encourage the location of schools proximate to urban

13  residential areas to the extent possible and shall require

14  that the local government seek to collocate public facilities,

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

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

17  schools as focal points for neighborhoods. For schools serving

18  predominantly rural counties, defined as a county with a

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

20  category shall be eligible for the location of public school

21  facilities if the local comprehensive plan contains school

22  siting criteria and the location is consistent with such

23  criteria.

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

25  potable water, and natural groundwater aquifer recharge

26  element correlated to principles and guidelines for future

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

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

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

30  detailed engineering plan including a topographic map

31  depicting areas of prime groundwater recharge. The element


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  1  shall describe the problems and needs and the general

  2  facilities that will be required for solution of the problems

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

  4  depicting any areas adopted by a regional water management

  5  district as prime groundwater recharge areas for the Floridan

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

  7  shall be given special consideration when the local government

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

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

10  surveys shall be provided which indicate the suitability of

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

12  and Appraisal Report adoption deadline established for the

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

14  occurs first, the element must consider the appropriate water

15  management district's regional water supply plan approved

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

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

18  water supply facilities that are identified in the element as

19  necessary to serve existing and new development and for which

20  the local government is responsible.

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

22  and protection of natural resources in the area, including

23  air, water, water recharge areas, wetlands, waterwells,

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

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

26  marine habitat, minerals, and other natural and environmental

27  resources.  Local governments shall assess their current, as

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

29  10-year period, considering the appropriate regional water

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

31  absence of an approved regional water supply plan, the


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  1  district water management plan approved pursuant to s.

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

  3  appropriate agencies.  The land use map or map series

  4  contained in the future land use element shall generally

  5  identify and depict the following:

  6         1.  Existing and planned waterwells and cones of

  7  influence where applicable.

  8         2.  Beaches and shores, including estuarine systems.

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

10         4.  Wetlands.

11         5.  Minerals and soils.

12

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

14  applicable state law and rules.

15         (h)1.  An intergovernmental coordination element

16  showing relationships and stating principles and guidelines to

17  be used in the accomplishment of coordination of the adopted

18  comprehensive plan with the plans of school boards and other

19  units of local government providing services but not having

20  regulatory authority over the use of land, with the

21  comprehensive plans of adjacent municipalities, the county,

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

23  comprehensive plan and with the applicable regional water

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

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

26  exist.  This element of the local comprehensive plan shall

27  demonstrate consideration of the particular effects of the

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

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

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

31


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  1         a.  The intergovernmental coordination element shall

  2  provide for procedures to identify and implement joint

  3  planning areas, especially for the purpose of annexation,

  4  municipal incorporation, and joint infrastructure service

  5  areas.

  6         b.  The intergovernmental coordination element shall

  7  provide for recognition of campus master plans prepared

  8  pursuant to s. 240.155.

  9         c.  The intergovernmental coordination element may

10  provide for a voluntary dispute resolution process as

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

12  a timely manner intergovernmental disputes.  A local

13  government may develop and use an alternative local dispute

14  resolution process for this purpose.

15         2.  The intergovernmental coordination element shall

16  further state principles and guidelines to be used in the

17  accomplishment of coordination of the adopted comprehensive

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

19  government providing facilities and services but not having

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

21  intergovernmental coordination element shall describe joint

22  processes for collaborative planning and decisionmaking on

23  population projections and public school siting, the location

24  and extension of public facilities subject to concurrency, and

25  siting facilities with countywide significance, including

26  locally unwanted land uses whose nature and identity are

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

28  intergovernmental coordination elements, each county, all the

29  municipalities within that county, the district school board,

30  and any unit of local government service providers in that

31  county shall establish by interlocal or other formal agreement


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  1  executed by all affected entities, the joint processes

  2  described in this subparagraph consistent with their adopted

  3  intergovernmental coordination elements.

  4         3.  To foster coordination between special districts

  5  and local general-purpose governments as local general-purpose

  6  governments implement local comprehensive plans, each

  7  independent special district must submit a public facilities

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

  9  189.415.

10         4.a.  Local governments adopting a public educational

11  facilities element pursuant to s. 163.31776 must execute an

12  interlocal agreement with the district school board, the

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

14  163.31776(1), which includes the items listed in s.

15  163.31777(2). The local government shall amend the

16  intergovernmental coordination element to provide that

17  coordination between the local government and school board is

18  pursuant to the agreement and shall state the obligations of

19  the local government under the agreement.

20         b.  Plan amendments that comply with this subparagraph

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

22         5.  The state land planning agency shall establish a

23  schedule for phased completion and transmittal of plan

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

25  jurisdictions so as to accomplish their adoption by December

26  31, 1999.  A local government may complete and transmit its

27  plan amendments to carry out these provisions prior to the

28  scheduled date established by the state land planning agency.

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

30  163.3187(1).

31


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

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

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

  4  Department of Community Affairs which:

  5         a.  Identifies all existing or proposed interlocal

  6  service-delivery agreements regarding the following:

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

  8  drainage; potable water; parks and recreation; and

  9  transportation facilities.

10         b.  Identifies any deficits or duplication in the

11  provision of services within its jurisdiction, whether capital

12  or operational. Upon request, the Department of Community

13  Affairs shall provide technical assistance to the local

14  governments in identifying deficits or duplication.

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

16  Department of Community Affairs shall, through the appropriate

17  regional planning council, coordinate a meeting of all local

18  governments within the regional planning area to discuss the

19  reports and potential strategies to remedy any identified

20  deficiencies or duplications.

21         8.  Each local government shall update its

22  intergovernmental coordination element based upon the findings

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

24  may be used as supporting data and analysis for the

25  intergovernmental coordination element.

26         9.  By February 1, 2003, representatives of

27  municipalities, counties, and special districts shall provide

28  to the Legislature recommended statutory changes for

29  annexation, including any changes that address the delivery of

30  local government services in areas planned for annexation.

31


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  1         Section 3.  Section 163.31775, Florida Statutes, is

  2  repealed.

  3         Section 4.  Section 163.31776, Florida Statutes, is

  4  created to read:

  5         163.31776  Public educational facilities element.--

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

  7  within the county, may adopt an optional public educational

  8  facilities element in cooperation with the applicable school

  9  district. In order to enact an optional public educational

10  facilities element, the county and each municipality, unless

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

12  adopt a consistent public educational facilities element and

13  enter the interlocal agreement pursuant to ss.

14  163.3177(6)(h)4. and 163.31777(2). A municipality is exempt if

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

16  meets the following criteria:

17         (a)  The municipality has no public schools located

18  within its boundaries; and

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

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

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

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

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

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

25  timeframes.

26         (2)  The public educational facilities element must be

27  based on data and analysis, including the interlocal agreement

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

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

30  government public educational facilities element within a

31


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    CS for SB's 1906 & 550                         First Engrossed



  1  county must be consistent with the other elements and must

  2  address:

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

  4  addressing improvements to infrastructure, safety, and

  5  community conditions in areas proximate to existing public

  6  schools.

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

  8  infrastructure necessary to support proposed schools,

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

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

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

12  signalization.

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

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

15  public schools.

16         (d)  Location of schools proximate to residential areas

17  and to complement patterns of development, including using

18  elementary schools as focal points for neighborhoods.

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

20  shelters.

21         (f)  Consideration of the existing and planned capacity

22  of public schools when reviewing comprehensive plan amendments

23  and rezonings that are likely to increase residential

24  development and that are reasonably expected to have an impact

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

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

27  standards for public schools, and the financially feasible

28  5-year district facilities work program adopted by the school

29  board pursuant to s. 235.185.

30

31


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  1         (g)  A uniform methodology for determining school

  2  capacity consistent with the interlocal agreement entered

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

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

  5  maps that are the result of a collaborative process for

  6  identifying school sites in the educational facilities plan

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

  8  show the locations of existing public schools and the general

  9  locations of improvements to existing schools or new schools

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

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

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

13  general locations of future schools or school improvements

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

15  land.

16         (4)  The process for adopting a public educational

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

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

19  school facilities element pursuant to the procedures outlined

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

21  SMART Schools Clearinghouse of the Commissioner of Education

22  for review and comment.

23         (5)  Plan amendments to adopt a public educational

24  facilities element are exempt from the provisions of s.

25  163.3187(1).

26         Section 5.  Section 163.31777, Florida Statutes, is

27  created to read:

28         163.31777  Public schools interlocal agreement.--

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

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

31  interlocal agreement with the district school board which


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    CS for SB's 1906 & 550                         First Engrossed



  1  jointly establishes the specific ways in which the plans and

  2  processes of the district school board and the local

  3  governments are to be coordinated. The interlocal agreements

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

  5  Office of Educational Facilities and the SMART Schools

  6  Clearinghouse in accordance with a schedule published by the

  7  state land planning agency.

  8         (b)  The schedule must establish staggered due dates

  9  for submission of interlocal agreements that are executed by

10  both the local government and the district school board,

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

12  2004, and must set the same date for all governmental entities

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

14  school district is located contains more than 20

15  municipalities, the state land planning agency may establish

16  staggered due dates for the submission of interlocal

17  agreements by these municipalities. The schedule must begin

18  with those areas where both the number of districtwide

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

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

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

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

23  greater.

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

25  5-year period preceding the due date for submittal of an

26  interlocal agreement by the local government and the district

27  school board, the local government and the district school

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

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

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

31  unnecessary because of the school district's declining school


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    CS for SB's 1906 & 550                         First Engrossed



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

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

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

  4  that the conditions upon which the waiver was granted no

  5  longer exist. The district school board and local governments

  6  must submit an interlocal agreement within 1 year after

  7  notification by the state land planning agency that the

  8  conditions for a waiver no longer exist.

  9         (d)  Interlocal agreements between local governments

10  and district school boards adopted pursuant to s. 163.3177

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

12  executed pursuant to the requirements of this section, if

13  necessary. Amendments to interlocal agreements adopted

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

15  planning agency within 30 days after execution by the parties

16  for review consistent with this section. Local governments and

17  the district school board in each school district are

18  encouraged to adopt a single interlocal agreement to which all

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

20  and make available model interlocal agreements meeting the

21  requirements of this section and notify local governments and,

22  jointly with the Department of Education, the district school

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

24  compliance, and the sanctions for noncompliance. The state

25  land planning agency shall be available to informally review

26  proposed interlocal agreements. If the state land planning

27  agency has not received a proposed interlocal agreement for

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

29  least 60 days before the deadline for submission of the

30  executed agreement, renotify the local government and the

31


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    CS for SB's 1906 & 550                         First Engrossed



  1  district school board of the upcoming deadline and the

  2  potential for sanctions.

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

  4  address the following issues:

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

  6  district school board agree and base their plans on consistent

  7  projections of the amount, type, and distribution of

  8  population growth and student enrollment. The geographic

  9  distribution of jurisdiction-wide growth forecasts is a major

10  objective of the process.

11         (b)  A process to coordinate and share information

12  relating to existing and planned public school facilities,

13  including school renovations and closures, and local

14  government plans for development and redevelopment.

15         (c)  Participation by affected local governments with

16  the district school board in the process of evaluating

17  potential school closures, significant renovations to existing

18  schools, and new school site selection before land

19  acquisition. Local governments shall advise the district

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

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

22  including appropriate circumstances and criteria under which a

23  district school board may request an amendment to the

24  comprehensive plan for school siting.

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

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

27  expansion, or redevelopment of existing schools. The process

28  must address identification of the party or parties

29  responsible for the improvements.

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

31  government regarding school capacity. The capacity reporting


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    CS for SB's 1906 & 550                         First Engrossed



  1  must be consistent with laws and rules relating to measurement

  2  of school facility capacity and must also identify how the

  3  district school board will meet the public school demand based

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

  5         (f)  Participation of the local governments in the

  6  preparation of the annual update to the district school

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

  8  educational plant survey prepared pursuant to s. 235.185.

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

10  of either school board or local government facilities can be

11  shared for mutual benefit and efficiency.

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

13  the district school board and local governments, which may

14  include the dispute-resolution processes contained in chapters

15  164 and 186.

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

17  public participation, for the implementation of the interlocal

18  agreement.

19

20  A signatory to the interlocal agreement may elect not to

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

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

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

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

25  the interlocal agreement. An interlocal agreement entered into

26  pursuant to this section must be consistent with the adopted

27  comprehensive plan and land development regulations of any

28  local government that is a signatory.

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

30  Schools Clearinghouse shall submit any comments or concerns

31  regarding the executed interlocal agreement to the state land


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    CS for SB's 1906 & 550                         First Engrossed



  1  planning agency within 30 days after receipt of the executed

  2  interlocal agreement. The state land planning agency shall

  3  review the executed interlocal agreement to determine whether

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

  5  adopted local government comprehensive plan, and other

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

  7  executed interlocal agreement, the state land planning agency

  8  shall publish a notice of intent in the Florida Administrative

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

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

11  interlocal agreement is consistent or inconsistent with the

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

13  appropriate.

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

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

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

17  administrative proceeding, and this proceeding is the sole

18  means available to challenge the consistency of an interlocal

19  agreement required by this section with the criteria contained

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

21  standing, each person must have submitted oral or written

22  comments, recommendations, or objections to the local

23  government or the school board before the adoption of the

24  interlocal agreement by the school board and local government.

25  The district school board and local governments are parties to

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

27  planning agency finds the interlocal agreement to be

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

29  subsection, the interlocal agreement shall be determined to be

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

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


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    CS for SB's 1906 & 550                         First Engrossed



  1  consistency is fairly debatable. When the state planning

  2  agency finds the interlocal agreement to be inconsistent with

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

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

  5  consistency shall be sustained unless it is shown by a

  6  preponderance of the evidence that the interlocal agreement is

  7  inconsistent.

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

  9  order that finds that the interlocal agreement is inconsistent

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

11  shall forward it to the Administration Commission, which may

12  impose sanctions against the local government pursuant to s.

13  163.3184(11) and may impose sanctions against the district

14  school board by directing the Department of Education to

15  withhold from the district school board an equivalent amount

16  of funds for school construction available pursuant to ss.

17  235.187, 235.216, 235.2195, and 235.42.

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

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

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

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

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

23  should not be imposed for failure to submit an executed

24  interlocal agreement by the deadline established by the

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

26  to the Administration Commission, which may enter a final

27  order citing the failure to comply and imposing sanctions

28  against the local government and district school board by

29  directing the appropriate agencies to withhold at least 5

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

31  directing the Department of Education to withhold from the


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  construction available pursuant to ss. 235.187, 235.216,

  3  235.2195, 235.42.

  4         (5)  Any local government transmitting a public school

  5  element to implement school concurrency pursuant to the

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

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

  8  agreement to conform with the provisions of this section if

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

10  effective date of this section and remains in effect.

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

12  municipalities having no established need for a new school

13  facility and meeting the following criteria are exempt from

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

15         (a)  The municipality has no public schools located

16  within its boundaries.

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

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

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

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

21  district school board must verify in writing that no new

22  school facility will be needed in the municipality within the

23  5-year and 10-year timeframes.

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

25  report, each exempt municipality shall assess the extent to

26  which it continues to meet the criteria for exemption under

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

28  criteria and the district school board verifies in writing

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

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

31  exempt from the interlocal-agreement requirement. Each


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  provisions of this section within 1 year after the district

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

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

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

  6  Statutes, is amended to read:

  7         163.3180  Concurrency.--

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

  9  local comprehensive plans applies to state and other public

10  facilities and development to the same extent that it applies

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

12         (b)  The concurrency requirement as implemented in

13  local comprehensive plans does not apply to public transit

14  facilities.  For the purposes of this paragraph, public

15  transit facilities include transit stations and terminals,

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

17  transit connection or transfer facilities, and fixed bus,

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

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

20  airports or seaports or commercial or residential development

21  constructed in conjunction with a public transit facility.

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

23  to transportation facilities, as implemented in local

24  government comprehensive plans may be waived by a local

25  government for urban infill and redevelopment areas designated

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

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

28  its local government comprehensive plan.  The waiver shall be

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

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

31  concurrency exception pursuant to subsection (5) for


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    CS for SB's 1906 & 550                         First Engrossed



  1  transportation facilities located within these urban infill

  2  and redevelopment areas.

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

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

  5  163.3184, Florida Statutes, are amended to read:

  6         163.3184  Process for adoption of comprehensive plan or

  7  plan amendment.--

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

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

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

11  operating a business within the boundaries of the local

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

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

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

15  governments that can demonstrate that the plan or plan

16  amendment will produce substantial impacts on the increased

17  need for publicly funded infrastructure or substantial impacts

18  on areas designated for protection or special treatment within

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

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

21  also have submitted oral or written comments, recommendations,

22  or objections to the local government during the period of

23  time beginning with the transmittal hearing for the plan or

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

25  plan amendment.

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

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

28  government adopts an educational facilities element, 163.3178,

29  163.3180, 163.3191, and 163.3245, with the state comprehensive

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

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


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    CS for SB's 1906 & 550                         First Engrossed



  1  rule is not inconsistent with this part and with the

  2  principles for guiding development in designated areas of

  3  critical state concern.

  4         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

  5  AMENDMENT.--

  6         (a)  Each local governing body shall transmit the

  7  complete proposed comprehensive plan or plan amendment to the

  8  state land planning agency, the appropriate regional planning

  9  council and water management district, the Department of

10  Environmental Protection, the Department of State, and the

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

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

13  plans, to the Fish and Wildlife Conservation Commission and

14  the Department of Agriculture and Consumer Services,

15  immediately following a public hearing pursuant to subsection

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

17  procedural rules. The local governing body shall also transmit

18  a copy of the complete proposed comprehensive plan or plan

19  amendment to any other unit of local government or government

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

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

22  government may request a review by the state land planning

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

24  transmittal of an amendment.

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

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

27  to all state agencies designated by the state land planning

28  agency a complete copy of its adopted comprehensive plan

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

30  procedural rules. In the case of comprehensive plan

31  amendments, the local governing body shall transmit to the


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    CS for SB's 1906 & 550                         First Engrossed



  1  state land planning agency, the appropriate regional planning

  2  council and water management district, the Department of

  3  Environmental Protection, the Department of State, and the

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

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

  6  plans, to the Fish and Wildlife Conservation Commission and

  7  the Department of Agriculture and Consumer Services the

  8  materials specified in the state land planning agency's

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

10  a result of an evaluation and appraisal report adopted

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

12  appraisal report. Local governing bodies shall consolidate all

13  proposed plan amendments into a single submission for each of

14  the two plan amendment adoption dates during the calendar year

15  pursuant to s. 163.3187.

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

17  amendment previously transmitted pursuant to this subsection,

18  unless review is requested or otherwise initiated pursuant to

19  subsection (6).

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

21  multiple individual amendments that can be clearly and legally

22  separated and distinguished for the purpose of determining

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

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

25  amendments and the local government chooses to immediately

26  adopt the remaining amendments not reviewed, the amendments

27  immediately adopted and any reviewed amendments that the local

28  government subsequently adopts together constitute one

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

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

31  comprehensive plan amendment is requested or otherwise


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    CS for SB's 1906 & 550                         First Engrossed



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

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

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

  4  amendment to various government agencies, as appropriate, for

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

  6  Department of Environmental Protection, the Department of

  7  Transportation, the water management district, and the

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

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

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

11  provide comments to the state land planning agency within 30

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

13  complete proposed plan amendment. If the plan or plan

14  amendment includes or relates to the public school facilities

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

16  agency shall submit a copy to the Office of Educational

17  Facilities of the Commissioner of Education for review and

18  comment. The appropriate regional planning council shall also

19  provide its written comments to the state land planning agency

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

21  of the complete proposed plan amendment and shall specify any

22  objections, recommendations for modifications, and comments of

23  any other regional agencies to which the regional planning

24  council may have referred the proposed plan amendment. Written

25  comments submitted by the public within 30 days after notice

26  of transmittal by the local government of the proposed plan

27  amendment will be considered as if submitted by governmental

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

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

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

31


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  proposed plan amendment upon request of a regional planning

  3  council, affected person, or local government transmitting the

  4  plan amendment. The request from the regional planning council

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

  6  30 days after transmittal of the proposed plan amendment

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

  8  of its objections, recommendations, and comments regarding the

  9  proposed plan amendment.  A regional planning council or

10  affected person requesting a review shall do so by submitting

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

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

13  notice.

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

15  proposed plan amendment regardless of whether a request for

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

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

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

19  receipt of transmittal of the complete proposed plan amendment

20  pursuant to subsection (3).

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

22  rule a schedule for receipt of comments from the various

23  government agencies, as well as written public comments,

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

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

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

27  shall issue a report giving its objections, recommendations,

28  and comments regarding the proposed amendment within 60 days

29  after receipt of the complete proposed amendment by the state

30  land planning agency. The state land planning agency shall

31  have 30 days to review comments from the various government


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    CS for SB's 1906 & 550                         First Engrossed



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

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

  3  agency shall transmit in writing its comments to the local

  4  government along with any objections and any recommendations

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

  6  has implemented a permitting program, the state land planning

  7  agency shall not require a local government to duplicate or

  8  exceed that permitting program in its comprehensive plan or to

  9  implement such a permitting program in its land development

10  regulations.  Nothing contained herein shall prohibit the

11  state land planning agency in conducting its review of local

12  plans or plan amendments from making objections,

13  recommendations, and comments or making compliance

14  determinations regarding densities and intensities consistent

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

16  the state land planning agency shall only base its

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

18  source.

19         (d)  The state land planning agency review shall

20  identify all written communications with the agency regarding

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

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

23  the local government all written communications received 30

24  days after transmittal. The written identification must

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

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

27  the documents to be identified and copies requested, if

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

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

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

31  planning agency.


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

  2  PLAN OR AMENDMENTS AND TRANSMITTAL.--

  3         (a)  The local government shall review the written

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

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

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

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

  8  matter, and admissible in any proceeding in which the

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

10  local government, upon receipt of written comments from the

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

12  adopt with changes the proposed comprehensive plan or s.

13  163.3191 plan amendments.  In the case of comprehensive plan

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

15  the local government shall have 60 days to adopt the

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

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

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

19  plan amendment, other than a plan amendment proposed pursuant

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

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

22  shall transmit the complete adopted comprehensive plan or

23  adopted plan amendment, including the names and addresses of

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

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

26  rules within 10 working days after adoption.  The local

27  governing body shall also transmit a copy of the adopted

28  comprehensive plan or plan amendment to the regional planning

29  agency and to any other unit of local government or

30  governmental agency in the state that has filed a written

31


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  amendment.

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

  4  the proposed plan amendment transmitted pursuant to subsection

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

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

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

  8  planning agency did not raise any objections during its review

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

10  the transmittal letter that the plan amendment is unchanged

11  and was not the subject of objections.

12         (8)  NOTICE OF INTENT.--

13         (a)  If the transmittal letter correctly states that

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

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

16  land planning agency has 20 days after receipt of the

17  transmittal letter within which to issue a notice of intent

18  that the plan amendment is in compliance.

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

20  163.3187(3), the state land planning agency, upon receipt of a

21  local government's complete adopted comprehensive plan or plan

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

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

24  unless the amendment is the result of a compliance agreement

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

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

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

28  determination must be based upon the plan amendment as

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

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

31  one or both of the following:


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    CS for SB's 1906 & 550                         First Engrossed



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

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

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

  4  comprehensive plan or plan amendment as adopted.

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

  6  subsection, the state land planning agency shall issue,

  7  through a senior administrator or the secretary, as specified

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

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

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

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

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

13  The required advertisement shall be no less than 2 columns

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

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

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

17  legal notices and classified advertisements appear.  The

18  advertisement shall be published in a newspaper which meets

19  the size and circulation requirements set forth in paragraph

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

21  affected local government at the time of transmittal of the

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

23  notice of intent in the newspaper designated by the local

24  government shall be prima facie evidence of compliance with

25  the publication requirements of this section.

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

27  this subparagraph shall supersede the provisions of

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

29  subsection, the state land planning agency shall issue,

30  through a senior administrator or the secretary, as specified

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


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    CS for SB's 1906 & 550                         First Engrossed



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

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

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

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

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

  6  advertisement shall be published in a newspaper that meets the

  7  size and circulation requirements set forth in paragraph

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

  9  affected local government at the time of transmittal of the

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

11  notice of intent in the newspaper designated by the local

12  government shall be prima facie evidence of compliance with

13  the publication requirements of this section. The state land

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

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

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

17  send by regular mail a courtesy informational statement to

18  persons who provide their names and addresses to the local

19  government at the transmittal hearing or at the adoption

20  hearing where the local government has provided the names and

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

22  transmittal of the adopted amendment. The informational

23  statements shall include the name of the newspaper in which

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

25  publication, the ordinance number of the plan or plan

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

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

28  petition. This subparagraph expires July 1, 2002.

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

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

31


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  copy of the agency's notice of intent.

  3         (15)  PUBLIC HEARINGS.--

  4         (a)  The procedure for transmittal of a complete

  5  proposed comprehensive plan or plan amendment pursuant to

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

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

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

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

10  comprehensive plan or plan amendment shall be by ordinance.

11  For the purposes of transmitting or adopting a comprehensive

12  plan or plan amendment, the notice requirements in chapters

13  125 and 166 are superseded by this subsection, except as

14  provided in this part.

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

16  advertised public hearings on the proposed comprehensive plan

17  or plan amendment as follows:

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

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

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

21  advertisement is published.

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

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

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

25  advertisement is published.

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

27  at the transmittal hearing and at the adoption hearing for

28  persons to provide their names and mailing addresses. The

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

30  requested information will receive a courtesy informational

31  statement concerning publications of the state land planning


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    CS for SB's 1906 & 550                         First Engrossed



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

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

  3  submits written comments concerning the proposed plan or plan

  4  amendment during the time period between the commencement of

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

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

  7  providing written comments to accurately, completely, and

  8  legibly provide all information needed in order to receive the

  9  courtesy informational statement.

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

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

12  local government to satisfy the requirements of this

13  subsection.

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

15  amendment changes the actual list of permitted, conditional,

16  or prohibited uses within a future land use category or

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

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

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

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

21         (16)  COMPLIANCE AGREEMENTS.--

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

23  pursuant to a compliance agreement in accordance with the

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

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

26  local government shall hold a single adoption public hearing

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

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

29  a plan amendment, the local government shall transmit the

30  amendment to the state land planning agency as specified in

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


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    CS for SB's 1906 & 550                         First Engrossed



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

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

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

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

  5  ss. 120.569 and 120.57 granted intervenor status.

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

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

  8  Statutes, to read:

  9         163.3187  Amendment of adopted comprehensive plan.--

10         (1)  Amendments to comprehensive plans adopted pursuant

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

12  calendar year, except:

13         (c)  Any local government comprehensive plan amendments

14  directly related to proposed small scale development

15  activities may be approved without regard to statutory limits

16  on the frequency of consideration of amendments to the local

17  comprehensive plan. A small scale development amendment may be

18  adopted only under the following conditions:

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

20  or fewer and:

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

22  small scale development amendments adopted by the local

23  government shall not exceed:

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

25  contains areas specifically designated in the local

26  comprehensive plan for urban infill, urban redevelopment, or

27  downtown revitalization as defined in s. 163.3164, urban

28  infill and redevelopment areas designated under s. 163.2517,

29  transportation concurrency exception areas approved pursuant

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

31  central business districts approved pursuant to s.


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    CS for SB's 1906 & 550                         First Engrossed



  1  380.06(2)(e); however, amendments under this paragraph may be

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

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

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

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

  6  sub-sub-subparagraph (I).

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

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

  9         b.  The proposed amendment does not involve the same

10  property granted a change within the prior 12 months.

11         c.  The proposed amendment does not involve the same

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

13  within the prior 12 months.

14         d.  The proposed amendment does not involve a text

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

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

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

18  scale development activity.

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

20  amendment is not located within an area of critical state

21  concern, unless the project subject to the proposed amendment

22  involves the construction of affordable housing units meeting

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

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

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

26  amendment is not subject to the density limitations of

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

28  planning agency for consistency with the principles for

29  guiding development applicable to the area of critical state

30  concern where the amendment is located and shall not become

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


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    CS for SB's 1906 & 550                         First Engrossed



  1         f.  If the proposed amendment involves a residential

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

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

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

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

  6  urban infill, urban redevelopment, or downtown revitalization

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

  8  areas designated under s. 163.2517, transportation concurrency

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

10  regional activity centers and urban central business districts

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

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

13  plan amendment pursuant to this paragraph is not required to

14  comply with the procedures and public notice requirements of

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

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

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

18  request for a plan amendment under this paragraph is initiated

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

20         b.  The local government shall send copies of the

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

22  regional planning council, and any other person or entity

23  requesting a copy. This information shall also include a

24  statement identifying any property subject to the amendment

25  that is located within a coastal high hazard area as

26  identified in the local comprehensive plan.

27         3.  Small scale development amendments adopted pursuant

28  to this paragraph require only one public hearing before the

29  governing board, which shall be an adoption hearing as

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

31


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  elects to have them subject to those requirements.

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

  4  educational facilities element pursuant to s. 163.31776 and

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

  6  approved notwithstanding statutory limits on the frequency of

  7  adopting plan amendments.

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

  9  163.3191, Florida Statutes, is amended and paragraphs (l) and

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

11         163.3191  Evaluation and appraisal of comprehensive

12  plan.--

13         (2)  The report shall present an evaluation and

14  assessment of the comprehensive plan and shall contain

15  appropriate statements to update the comprehensive plan,

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

17  other media, related to:

18         (k)  The coordination of the comprehensive plan with

19  existing public schools and those identified in the applicable

20  educational 5-year school district facilities plan work

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

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

23  coordination of the future land use map and associated planned

24  residential development with public schools and their

25  capacities, as well as the joint decisionmaking processes

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

27  regard to establishing appropriate population projections and

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

29  issues are not relevant, the local government shall

30  demonstrate that they are not relevant.

31


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    CS for SB's 1906 & 550                         First Engrossed



  1         (l)  The evaluation must consider the appropriate water

  2  management district's regional water supply plan approved

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

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

  5  planning period, for building any water supply facilities that

  6  are identified in the element as necessary to serve existing

  7  and new development and for which the local government is

  8  responsible.

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

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

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

12  property rights of current residents when redevelopment

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

14  a natural disaster. The local government must identify

15  strategies to address redevelopment feasibility and the

16  property rights of affected residents. These strategies may

17  include the authorization of redevelopment up to the actual

18  built density in existence on the property prior to the

19  natural disaster or redevelopment.

20         Section 10.  Section 163.3215, Florida Statutes, is

21  amended to read:

22         163.3215  Standing to enforce local comprehensive plans

23  through development orders.--

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

25  methods for an aggrieved or adversely affected party to appeal

26  and challenge the consistency of a development order with a

27  comprehensive plan adopted under this part. The local

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

29  a respondent in all proceedings under this section. Subsection

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

31  government has established a process consistent with the


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  which types of development orders will proceed under

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

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

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

  6  adversely affected party" means any person or local government

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

  8  furthered by the local government comprehensive plan,

  9  including interests related to health and safety, police and

10  fire protection service systems, densities or intensities of

11  development, transportation facilities, health care

12  facilities, equipment or services, and environmental or

13  natural resources.  The alleged adverse interest may be shared

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

15  must exceed in degree the general interest in community good

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

17  or applicant for a development order.

18         (3)(1)  Any aggrieved or adversely affected party may

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

20  other relief against any local government to challenge any

21  decision of such local government granting or denying an

22  application for, or to prevent such local government from

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

24  163.3164, which materially alters the use or density or

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

26  is not consistent with the comprehensive plan adopted under

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

28  days following rendition of a development order or other

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

30  any, are exhausted, whichever occurs later.

31


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  person or local government which will suffer an adverse effect

  3  to an interest protected or furthered by the local government

  4  comprehensive plan, including interests related to health and

  5  safety, police and fire protection service systems, densities

  6  or intensities of development, transportation facilities,

  7  health care facilities, equipment or services, or

  8  environmental or natural resources.  The alleged adverse

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

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

11  interest in community good shared by all persons.

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

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

14  planned unit development, variance, special exception,

15  conditional use, or other development order granted prior to

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

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

18  available to challenge the consistency of a development order

19  with a comprehensive plan adopted under this part.

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

21  adopted an ordinance establishing, at a minimum, the

22  requirements listed in this subsection, the sole method by

23  which an aggrieved and adversely affected party may challenge

24  any decision of local government granting or denying an

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

26  163.3164, which materially alters the use or density or

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

28  basis that it is not consistent with the comprehensive plan

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

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

31  days following rendition of a development order or other


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  administrative appeals, if any, are exhausted, whichever

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

  4  joined with the petition for certiorari. Principles of

  5  judicial or administrative res judicata and collateral

  6  estoppel apply to these proceedings. Minimum components of the

  7  local process are as follows:

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

  9  of an application for a development order that materially

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

11  piece of property, including notice by publication or mailed

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

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

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

15  within 10 days after the filing of an application for

16  development order; however, notice under this subsection is

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

18  other official action of local government which does not

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

20  particular piece of property. The notice must clearly

21  delineate that an aggrieved or adversely affected person has

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

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

24  conditions precedent to the appeal of any development order

25  ultimately rendered upon the application, and must specify the

26  location where written procedures can be obtained that

27  describe the process, including how to initiate the

28  quasi-judicial process, the timeframes for initiating the

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

30  include an opportunity for an alternative dispute resolution.

31


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    CS for SB's 1906 & 550                         First Engrossed



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

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

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

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

  5  issuance of the written preliminary decision; the local

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

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

  8  preliminary decision.

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

10  participation in the process by an aggrieved or adversely

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

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

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

14  opportunity for the disclosure of witnesses and exhibits prior

15  to hearing and an opportunity for the depositions of witnesses

16  to be taken.

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

18  represented by an attorney in order to participate in a

19  hearing.

20         (f)  The local process must provide for a

21  quasi-judicial hearing before an impartial special master who

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

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

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

25  shall have the power to swear witnesses and take their

26  testimony under oath, to issue subpoenas and other orders

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

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

29  master in determining whether a proposed development order is

30  consistent with the comprehensive plan shall be strict

31  scrutiny in accordance with Florida law.


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

  2  have the opportunity to respond, to present evidence and

  3  argument on all issues involved which are related to the

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

  5  rebuttal evidence. Public testimony must be allowed.

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

  7  public hearing before the local government at which public

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

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

10  unless the findings of fact are not supported by competent

11  substantial evidence. The governing body may modify the

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

13  application or interpretation of law is erroneous. The

14  governing body may make reasonable legal interpretations of

15  its comprehensive plan and land development regulations

16  without regard to whether the special master's interpretation

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

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

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

20  not considered rendered or final until officially date-stamped

21  by the city or county clerk.

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

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

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

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

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

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

28  recommended order by the governing body.

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

30  may require actions to challenge the consistency of a

31


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  1  development order with land development regulations to be

  2  brought in the same proceeding.

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

  4  action pursuant to this section, the complaining party shall

  5  first file a verified complaint with the local government

  6  whose actions are complained of setting forth the facts upon

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

  8  complaining party.  The verified complaint shall be filed no

  9  later than 30 days after the alleged inconsistent action has

10  been taken.  The local government receiving the complaint

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

12  Thereafter, the complaining party may institute the action

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

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

15  30-day period which the local government has to take

16  appropriate action.  Failure to comply with this subsection

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

18  prevent immediate and irreparable harm from the actions

19  complained of.

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

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

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

23  have occurred.

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

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

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

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

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

29  to cause unnecessary delay or for economic advantage,

30  competitive reasons or frivolous purposes or needless increase

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


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

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

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

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

  5  other party or parties the amount of reasonable expenses

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

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

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

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

10  into by the local government unless the terms of the

11  settlement have been the subject of a public hearing after

12  notice as required by this part.

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

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

15  may intervene to represent the interests of the state.

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

17  the local government of its obligations to hold public

18  hearings as required by law.

19         Section 11.  Section 163.3246, Florida Statutes, is

20  created to read:

21         163.3246  Local government comprehensive planning

22  certification program.--

23         (1)  There is created the Local Government

24  Comprehensive Planning Certification Program to be

25  administered by the Department of Community Affairs. The

26  purpose of the program is to create a certification process

27  for local governments who identify a geographic area for

28  certification within which they commit to directing growth and

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

30  implementing, and enforcing its comprehensive plan, the level

31  of technical planning experience exhibited by the local


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  1  government, and a commitment to implement exemplary planning

  2  practices, require less state and regional oversight of the

  3  comprehensive plan amendment process. The purpose of the

  4  certification area is to designate areas that are contiguous,

  5  compact, and appropriate for urban growth and development

  6  within a 10-year planning timeframe. Municipalities and

  7  counties are encouraged to jointly establish the certification

  8  area, and subsequently enter into joint certification

  9  agreement with the department.

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

11  the program, the local government must:

12         (a)  Demonstrate a record of effectively adopting,

13  implementing, and enforcing its comprehensive plan;

14         (b)  Demonstrate technical, financial, and

15  administrative expertise to implement the provisions of this

16  part without state oversight;

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

18  agencies regarding the appropriateness of the proposed

19  certification;

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

21  input concerning the local government's proposal for

22  certification; and

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

24  local comprehensive plan and land development regulations

25  which:

26         1.  Promote infill development and redevelopment,

27  including prioritized and timely permitting processes in which

28  applications for local development permits within the

29  certification area are acted upon expeditiously for proposed

30  development that is consistent with the local comprehensive

31  plan.


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

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

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

  4  independent living arrangements.

  5         3.  Achieve effective intergovernmental coordination

  6  and address the extrajurisdictional effects of development

  7  within the certified area.

  8         4.  Promote economic diversity and growth while

  9  encouraging the retention of rural character, where rural

10  areas exist, and the protection and restoration of the

11  environment.

12         5.  Provide and maintain public urban and rural open

13  space and recreational opportunities.

14         6.  Manage transportation and land uses to support

15  public transit and promote opportunities for pedestrian and

16  nonmotorized transportation.

17         7.  Use design principles to foster individual

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

19  pedestrian-oriented safe neighborhoods and town centers.

20         8.  Redevelop blighted areas.

21         9.  Adopt a local mitigation strategy and have programs

22  to improve disaster preparedness and the ability to protect

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

24         10.  Encourage clustered, mixed-use development that

25  incorporates greenspace and residential development within

26  walking distance of commercial development.

27         11.  Encourage urban infill at appropriate densities

28  and intensities and separate urban and rural uses and

29  discourage urban sprawl while preserving public open space and

30  planning for buffer-type land uses and rural development

31


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  1  consistent with their respective character along and outside

  2  the certification area.

  3         12.  Assure protection of key natural areas and

  4  agricultural lands that are identified using state and local

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

  6  are not limited to:

  7         a.  Wildlife corridors.

  8         b.  Lands with high native biological diversity,

  9  important areas for threatened and endangered species, species

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

11  communities.

12         c.  Significant surface waters and springs, aquatic

13  preserves, wetlands, and outstanding Florida waters.

14         d.  Water resources suitable for preservation of

15  natural systems and for water resource development.

16         e.  Representative and rare native Florida natural

17  systems.

18         13.  Ensure the cost-efficient provision of public

19  infrastructure and services.

20         (3)  Portions of local governments located within areas

21  of critical state concern cannot be included in a

22  certification area.

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

24  seeking certification of all or part of a jurisdiction or

25  jurisdictions must submit an application to the department

26  which demonstrates that the area sought to be certified meets

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

28  include copies of the applicable local government

29  comprehensive plan, land development regulations, interlocal

30  agreements, and other relevant information supporting the

31  eligibility criteria for designation. Upon receipt of a


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    CS for SB's 1906 & 550                         First Engrossed



  1  complete application, the department must provide the local

  2  government with an initial response to the application within

  3  90 days after receipt of the application.

  4         (5)  If the local government meets the eligibility

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

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

  7  shall be considered final agency action subject to challenge

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

  9  components:

10         (a)  The basis for certification.

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

12  encompasses areas that are contiguous, compact, appropriate

13  for urban growth and development, and in which public

14  infrastructure is existing or planned within a 10-year

15  planning timeframe. The certification area is required to

16  include sufficient land to accommodate projected population

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

18  affordability, job growth and employment, appropriate

19  densities and intensities of use to be achieved in new

20  development and redevelopment, existing or planned

21  infrastructure, including transportation and central water and

22  sewer facilities. The certification area must be adopted as

23  part of the local government's comprehensive plan.

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

25  governing the certified area is updated annually.

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

27  of a visioning plan.

28         (e)  A description of baseline conditions related to

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

30  area.

31


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  1         (f)  A work program setting forth specific planning

  2  strategies and projects that will be undertaken to achieve

  3  improvement in the baseline conditions as measured by the

  4  criteria identified in paragraph (g).

  5         (g)  Criteria to evaluate the effectiveness of the

  6  certification process in achieving the community-development

  7  goals for the certification area including:

  8         1.  Measuring the compactness of growth, expressed as

  9  the ratio between population growth and land consumed;

10         2.  Increasing residential density and intensities of

11  use;

12         3.  Measuring and reducing vehicle miles traveled and

13  increasing the interconnectedness of the street system,

14  pedestrian access, and mass transit;

15         4.  Measuring the balance between the location of jobs

16  and housing;

17         5.  Improving the housing mix within the certification

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

19  affordable housing, and the creation of an affordable housing

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

21         6.  Promoting mixed-use developments as an alternative

22  to single-purpose centers;

23         7.  Promoting clustered development having dedicated

24  open space;

25         8.  Linking commercial, educational, and recreational

26  uses directly to residential growth;

27         9.  Reducing per capita water and energy consumption;

28         10.  Prioritizing environmental features to be

29  protected and adopting measures or programs to protect

30  identified features;

31


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    CS for SB's 1906 & 550                         First Engrossed



  1         11.  Reducing hurricane shelter deficits and evacuation

  2  times and implementing the adopted mitigation strategies; and

  3         12.  Improving coordination between the local

  4  government and school board.

  5         (h)  A commitment to change any land development

  6  regulations that restrict compact development and adopt

  7  alternative design codes that encourage desirable densities

  8  and intensities of use and patterns of compact development

  9  identified in the agreement.

10         (i)  A plan for increasing public participation in

11  comprehensive planning and land use decision making which

12  includes outreach to neighborhood and civic associations

13  through community planning initiatives.

14         (j)  A demonstration that the intergovernmental

15  coordination element of the local government's comprehensive

16  plan includes joint processes for coordination between the

17  school board and local government pursuant to s.

18  163.3177(6)(h)2. and other requirements of law.

19         (k)  A method of addressing the extrajurisdictional

20  effects of development within the certified area which is

21  integrated by amendment into the intergovernmental

22  coordination element of the local government comprehensive

23  plan.

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

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

26  progress of the local government in meeting the terms and

27  conditions of the certification agreement. Prior to the

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

29  a public hearing soliciting public input on the progress of

30  the local government in satisfying the terms of the

31  certification agreement.


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

  2  after execution of the agreement.

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

  4  certification agreements each fiscal year. The department

  5  shall adopt procedural rules governing the application and

  6  review of local government requests for certification. Such

  7  procedural rules may establish a phased schedule for review of

  8  local government requests for certification.

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

10  certification if it determines that the local government is

11  not substantially complying with the terms of the agreement.

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

13  163.3184(1)(a), may petition for administrative hearing

14  alleging that a local government is not substantially

15  complying with the terms of the agreement, using the

16  procedures and timeframes for notice and conditions precedent

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

18  30 days after the annual public hearing required by paragraph

19  (5)(l).

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

21  amendments associated with the area certified must be adopted

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

23  (7), (14), (15), and (16) and 163.3187, such that state and

24  regional agency review is eliminated. The department may not

25  issue any objections, recommendations, and comments report on

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

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

28  163.3184(1)(a), may file a petition for administrative review

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

30  the compliance of an adopted plan amendment.

31


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

  2  certification area; propose a rural land stewardship area

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

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

  5  element; update a comprehensive plan based on an evaluation

  6  and appraisal report; impact lands outside the certification

  7  boundary; implement new statutory requirements that require

  8  specific comprehensive plan amendments; or increase hurricane

  9  evacuation times or the need for shelter capacity on lands

10  within the coastal high hazard area shall be reviewed pursuant

11  to ss. 163.3184 and 163.3187.

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

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

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

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

16  update its comprehensive plan based on the evaluation and

17  appraisal report, the department shall renew or revoke the

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

19  timely evaluation and appraisal report, failure to adopt an

20  evaluation and appraisal report found to be sufficient, or

21  failure to timely adopt amendments based on an evaluation and

22  appraisal report found to be in compliance by the department

23  shall be cause for revoking the certification agreement. The

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

25  agency action subject to challenge under s. 120.569.

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

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

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

29  report listing certified local governments, evaluating the

30  effectiveness of the certification, and including any

31  recommendations for legislative actions.


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  1         (12)  The Office of Program Policy Analysis and

  2  Government Accountability shall prepare a report evaluating

  3  the certification program, which shall be submitted to the

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

  5  House of Representatives by December 1, 2007.

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

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

  8  amended to read:

  9         186.504  Regional planning councils; creation;

10  membership.--

11         (2)  Membership on the regional planning council shall

12  be as follows:

13         (c)  Representatives appointed by the Governor from the

14  geographic area covered by the regional planning council,

15  including an elected school board member from the geographic

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

17  by the Florida School Board Association.

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

19  serving as voting members on the governing bodies of such

20  regional planning councils shall be elected officials of local

21  general-purpose governments chosen by the cities and counties

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

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

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

25  one elected school board member, subject to confirmation by

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

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

28  same county until each county within the region is represented

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

30  contained in this section shall deny to local governing bodies

31  or the Governor the option of appointing either locally


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    CS for SB's 1906 & 550                         First Engrossed



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

  2  of the governing body of the regional planning council is

  3  composed of locally elected officials.

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

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

  6  amended to read:

  7         212.055  Discretionary sales surtaxes; legislative

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

  9  legislative intent that any authorization for imposition of a

10  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

17  be expended; and such other requirements as the Legislature

18  may provide.  Taxable transactions and administrative

19  procedures shall be as provided in s. 212.054.

20         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

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

25  governing authority or pursuant to ordinance enacted by a

26  majority of the members of the county governing authority and

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

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

29  municipalities representing a majority of the county's

30  population adopt uniform resolutions establishing the rate of

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


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

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

  3  county voting in the referendum on the surtax.

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

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

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

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

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

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

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

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

12  county governing authority.

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

14  subsection and approved by referendum and any interest accrued

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

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

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

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

19  land for public recreation or conservation or protection of

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

21  or municipally owned solid waste landfills that are already

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

23  Environmental Protection. Any use of such proceeds or interest

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

25  ratified. Neither the proceeds nor any interest accrued

26  thereto shall be used for operational expenses of any

27  infrastructure, except that any county with a population of

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

29  of the Department of Environmental Protection may use the

30  proceeds or any interest accrued thereto for long-term

31  maintenance costs associated with landfill closure. Counties,


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

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

  3  retire or service indebtedness incurred for bonds issued prior

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

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

  6  proceeds or interest for purposes of retiring or servicing

  7  indebtedness incurred for such refunding bonds prior to July

  8  1, 1999, is ratified.

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

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

11  county and any interest accrued thereto shall be expended by

12  the school district or within the county and municipalities

13  within the county for infrastructure located within the urban

14  service area that is identified in the local government

15  comprehensive plan of the county or municipality and is

16  identified in that local government's capital improvements

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

18  identified in the school district's educational facilities

19  plan adopted pursuant to s. 235.185.

20         3.2.  For the purposes of this paragraph,

21  "infrastructure" means:

22         a.  Any fixed capital expenditure or fixed capital

23  outlay associated with the construction, reconstruction, or

24  improvement of public facilities which have a life expectancy

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

26  design, and engineering costs related thereto.

27         b.  A fire department vehicle, an emergency medical

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

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

30  necessary to outfit the vehicle for its official use or

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


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  1         4.3.  Notwithstanding any other provision of this

  2  subsection, a discretionary sales surtax imposed or extended

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

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

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

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

  7  economic development projects of a general public purpose

  8  targeted to improve local economies, including the funding of

  9  operational costs and incentives related to such economic

10  development. If applicable, the ballot statement must indicate

11  the intention to make an allocation under the authority of

12  this subparagraph.

13         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

15  to resolution conditioned to take effect only upon approval by

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

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

18  not exceed 0.5 percent.

19         (b)  The resolution shall include a statement that

20  provides a brief and general description of the school capital

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

22  resolution must state that the district school board has been

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

24  Frugal Schools Program. The statement shall conform to the

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

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

27  shall be placed on the ballot:

28

29        ....FOR THE               ....CENTS TAX

30        ....AGAINST THE           ....CENTS TAX

31


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  1         (c)  As an alternative method of levying the

  2  discretionary sales surtax, the district school board may

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

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

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

  6  conditions are met:

  7         1.  The district school board and local governments in

  8  the county where the school district is located have adopted

  9  the interlocal agreement and public educational facilities

10  element required by s. 163.31776;

11         2.  The district school board has adopted a district

12  educational facilities plan pursuant to s. 235.185; and

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

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

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

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

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

18  proceeds for fixed capital expenditures or fixed capital costs

19  associated with the construction, reconstruction, or

20  improvement of school facilities and campuses which have a

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

22  acquisition, land improvement, design, and engineering costs

23  related thereto. Additionally, the plan shall include the

24  costs of retrofitting and providing for technology

25  implementation, including hardware and software, for the

26  various sites within the school district.  Surtax revenues may

27  be used for the purpose of servicing bond indebtedness to

28  finance projects authorized by this subsection, and any

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

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

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


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  1  district school board has been recognized by the State Board

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

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

  4  consistent with this subsection and with uses assured under

  5  the Florida Frugal Schools Program.

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

  7  implement a freeze on noncapital local school property taxes,

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

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

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

11  shall not apply to existing debt service or required state

12  taxes.

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

14  Revenue pursuant to this subsection shall be distributed to

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

16         Section 14.  Section 235.002, Florida Statutes, is

17  amended to read:

18         235.002  Intent.--

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

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

21  system the availability of an educational environment

22  appropriate to his or her educational needs which is

23  substantially equal to that available to any similar student,

24  notwithstanding geographic differences and varying local

25  economic factors, and to provide facilities for the Florida

26  School for the Deaf and the Blind and other educational

27  institutions and agencies as may be defined by law.

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

29  construction techniques, and financing mechanisms in building

30  educational facilities for the purposes purpose of reducing

31  costs to the taxpayer, creating a more satisfactory


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  1  educational environment, and reducing the amount of time

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

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

  4  law.

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

  6  educational facilities construction plans can meet the current

  7  and projected needs of the public education system population

  8  as quickly as possible by building uniform, sound educational

  9  environments and to provide a sound base for planning for

10  educational facilities needs.

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

12  wide a range of fiscally sound financing methodologies as

13  possible for the delivery of educational facilities and, where

14  appropriate, for their construction, operation, and

15  maintenance.

16         (d)  Establish a systematic process of sharing

17  information between school boards and local governments on the

18  growth and development trends in their communities in order to

19  forecast future enrollment and school needs.

20         (e)  Establish a systematic process by which school

21  boards and local governments can cooperatively plan for the

22  provision of educational facilities to meet the current and

23  projected needs of the public education system, including the

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

25  growth and development decisions by local governments.

26         (f)  Establish a systematic process by which local

27  governments and school boards can cooperatively identify and

28  meet the infrastructure needs of public schools.

29         (2)  The Legislature finds and declares that:

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

31  our communities and play a significant role in the thousands


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  1  of individual housing decisions that result in community

  2  growth trends.

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

  4  boundaries and responsibilities of individual units of

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

  6  implement policies to deal with these issues without affecting

  7  other units of government.

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

  9  educational facilities and services enhances is essential to

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

11  this state.

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

13  impacts community infrastructure and services.  Assuring

14  coordinated and cooperative provision of such facilities and

15  associated infrastructure and services is in the best interest

16  of the state.

17         Section 15.  Notwithstanding subsection (7) of section

18  3 of chapter 2000-321, Laws of Florida, section 235.15,

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

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

21  amended to read:

22         235.15  Educational plant survey; localized need

23  assessment; PECO project funding.--

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

25  Board of Regents, shall arrange for an educational plant

26  survey, to aid in formulating plans for housing the

27  educational program and student population, faculty,

28  administrators, staff, and auxiliary and ancillary services of

29  the district or campus, including consideration of the local

30  comprehensive plan. The Office Division of Workforce and

31  Economic Development shall document the need for additional


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  1  career and adult education programs and the continuation of

  2  existing programs before facility construction or renovation

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

  4  educational plant survey of a school district or community

  5  college that delivers career or adult education programs.

  6  Information used by the Office Division of Workforce and

  7  Economic Development to establish facility needs must include,

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

  9  and information submitted by the school district or community

10  college.

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

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

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

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

15  Educational Facilities and SMART Schools Clearinghouse within

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

17  shall include at least an inventory of existing educational

18  and ancillary plants, including safe access facilities;

19  recommendations for existing educational and ancillary plants;

20  recommendations for new educational or ancillary plants,

21  including the general location of each in coordination with

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

23  plan update and detail for community colleges; the utilization

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

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

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

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

28  board or commissioner.

29         (b)  Required need assessment criteria for district,

30  community college, college and state university plant

31  surveys.--Each Educational plant surveys survey completed


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

  2  criteria specified in this paragraph.  Each educational plant

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

  4  1998, must be revised, if necessary, to comply with this

  5  paragraph.  Each revised educational plant survey and each new

  6  educational plant survey supersedes previous surveys.

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

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

  9  235.185. Each school district's educational plant survey must

10  reflect the capacity of existing satisfactory facilities as

11  reported in the Florida Inventory of School Houses.

12  Projections of facility space needs may not exceed the norm

13  space and occupant design criteria established by the State

14  Requirements for Educational Facilities. Existing and

15  projected capital outlay full-time equivalent student

16  enrollment must be consistent with data prepared by the

17  department and must include all enrollment used in the

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

19  satisfactory relocatable classrooms, including those owned,

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

21  included in the school district inventory of gross capacity of

22  facilities and must be counted at actual student capacity for

23  purposes of the inventory. For future needs determination,

24  student capacity shall not be assigned to any relocatable

25  classroom that is scheduled for elimination or replacement

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

27  educational plant survey and in the district facilities work

28  program adopted under s. 235.185. Those relocatables clearly

29  identified and scheduled for replacement in a school board

30  adopted financially feasible 5-year district facilities work

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


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

  2  if the district facilities work program is changed or altered

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

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

  5  counting at actual capacity. Relocatables may not be

  6  perpetually added to the work program and continually extended

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

  8  remaining relocatable classrooms, including those owned,

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

10  counted at actual student capacity. The educational plant

11  survey shall identify the number of relocatable student

12  stations scheduled for replacement during the 5-year survey

13  period and the total dollar amount needed for that

14  replacement. All district educational plant surveys revised

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

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

17  accordance with the recommendations of the department's report

18  authorized in s. 235.056. A definition of satisfactory

19  relocatable classrooms shall be established by rule of the

20  department.

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

22  facility, or cooperative vocational education facility must be

23  based on capital outlay full-time equivalent student

24  enrollment data prepared by the department for school

25  districts, community colleges, colleges and universities by

26  the Division of Community Colleges for community colleges, and

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

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

29  respective space needs of the school districts, community

30  colleges, colleges and universities, as appropriate.

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


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  1  not exceed the norm space and occupant design criteria

  2  established by the State Requirements for Educational

  3  Facilities.

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

  5  capacity of existing facilities as specified in the inventory

  6  maintained by the Division of Community Colleges. Projections

  7  of facility space needs must comply with standards for

  8  determining space needs as specified by rule of the Florida

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

10  outlay student enrollment must be consistent with the annual

11  report of capital outlay full-time student enrollment prepared

12  by the Division of Community Colleges.

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

14  reflect the capacity of existing facilities as specified in

15  the inventory maintained and validated by the Division of

16  Colleges and Universities Board of Regents. Projections of

17  facility space needs must be consistent with standards for

18  determining space needs approved by the Division of Colleges

19  and Universities Board of Regents. The projected capital

20  outlay full-time equivalent student enrollment must be

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

22  State University System approved by the Division of Colleges

23  and Universities Board of Regents.

24         5.  The district educational facilities plan

25  educational plant survey of a school district and the

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

27  or state university may include space needs that deviate from

28  approved standards for determining space needs if the

29  deviation is justified by the district or institution and

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

31


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    CS for SB's 1906 & 550                         First Engrossed



  1  appropriate, as necessary for the delivery of an approved

  2  educational program.

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

  4  Facilities and SMART Schools Clearinghouse department shall

  5  review and validate the surveys of school districts, and

  6  community colleges, and colleges and universities, and any

  7  amendments thereto for compliance with the requirements of

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

  9  shall recommend those in compliance for approval by the

10  Florida State Board of Education.

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

12  or the university president shall certify to the Office of

13  Educational Facilities and SMART Schools Clearinghouse

14  department a project's compliance with the requirements for

15  expenditure of PECO funds prior to release of funds.

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

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

18  Educational Facilities and SMART Schools Clearinghouse

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

20  in compliance with the board-approved survey recommendations,

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

22  and the limiting criteria for expenditures of PECO funding,

23  and that the plan is consistent with the local government

24  comprehensive plan.

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

26  certification must be made to the Office of Educational

27  Facilities and SMART Schools Clearinghouse department that the

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

29  board-approved survey recommendations, that the project meets

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

31  expenditures of PECO funding, and that the construction


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  1  documents meet the requirements of the Florida State Uniform

  2  Building Code for Educational Facilities Construction or other

  3  applicable codes as authorized in this chapter.

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

  5  Statutes, is amended to read:

  6         235.175  SMART schools; Classrooms First; legislative

  7  purpose.--

  8         (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK

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

10  235.185, requiring each school district annually to adopt an

11  educational facilities plan that provides an integrated

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

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

14  purpose of the educational facilities plan district facilities

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

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

17  using sound policies and practices that meet the essential

18  needs of students and that warrant public confidence in

19  district operations. The educational facilities plan district

20  facilities work program will be monitored by the Office of

21  Educational Facilities and SMART Schools Clearinghouse, which

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

23         Section 17.  Section 235.18, Florida Statutes, is

24  amended to read:

25         235.18  Annual capital outlay budget.--Each board,

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

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

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

29  well understood by the public. This capital outlay budget

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

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


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  1  educational plant and ancillary facilities plan. This budget

  2  shall designate the proposed capital outlay expenditures by

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

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

  5  amended. Each district school board must prepare its tentative

  6  district education facilities plan facilities work program as

  7  required by s. 235.185 before adopting the capital outlay

  8  budget.

  9         Section 18.  Section 235.185, Florida Statutes, is

10  amended to read:

11         235.185  School district educational facilities plan

12  work program; definitions; preparation, adoption, and

13  amendment; long-term work programs.--

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

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

16  comprehensive planning document that is adopted annually by

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

18  that contains the educational plant survey.

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

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

21  as provided in subsection (3).

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

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

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

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

26  facilities plan, which is required in order to:

27         1.  To Properly maintain the educational plant and

28  ancillary facilities of the district.

29         2.  To Provide an adequate number of satisfactory

30  student stations for the projected student enrollment of the

31


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

  2  235.062.

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

  4  comprehensive planning document prepared annually by the

  5  district school board and submitted to the Office of

  6  Educational Facilities and SMART Schools Clearinghouse and the

  7  affected general-purpose local governments.

  8         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

  9  FACILITIES PLAN WORK PROGRAM.--

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

11  school budget, each school board shall prepare a tentative

12  district educational facilities plan that includes long-range

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

14  20-year periods. The plan must be developed in coordination

15  with the general-purpose local governments and be consistent

16  with the local government comprehensive plans. The school

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

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

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

20  work program that includes:

21         1.  Projected student populations apportioned

22  geographically at the local level. The projections must be

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

24  education estimating conferences pursuant to s. 216.136, where

25  available, as modified by the district based on development

26  data and agreement with the local governments and the Office

27  of Educational Facilities and SMART Schools Clearinghouse. The

28  projections must be apportioned geographically with assistance

29  from the local governments using local development trend data

30  and the school district student enrollment data.

31


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  1         2.  An inventory of existing school facilities. Any

  2  anticipated expansions or closures of existing school sites

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

  4  identified. The inventory must include an assessment of areas

  5  proximate to existing schools and identification of the need

  6  for improvements to infrastructure, safety, including safe

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

  8  also provide a listing of major repairs and renovation

  9  projects anticipated over the period of the plan.

10         3.  Projections of facilities space needs, which may

11  not exceed the norm space and occupant design criteria

12  established in the State Requirements for Educational

13  Facilities.

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

15  and relocatables used for conducting the district's

16  instructional programs.

17         5.  The general location of public schools proposed to

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

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

20  acreage needs and anticipated capacity and maps showing the

21  general locations. The school board's identification of

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

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

24  in the comprehensive plan which provide guidance for

25  appropriate locations for school sites.

26         6.  The identification of options deemed reasonable and

27  approved by the school board which reduce the need for

28  additional permanent student stations. Such options may

29  include, but need not be limited to:

30         a.  Acceptable capacity;

31         b.  Redistricting;


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  1         c.  Busing;

  2         d.  Year-round schools;

  3         e.  Charter schools;

  4         f.  Magnet schools; and

  5         g.  Public-private partnerships.

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

  7  local government and the school board, for determining the

  8  impact of proposed development to public school capacity.

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

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

11  program must include:

12         1.  A schedule of major repair and renovation projects

13  necessary to maintain the educational facilities plant and

14  ancillary facilities of the district.

15         2.  A schedule of capital outlay projects necessary to

16  ensure the availability of satisfactory student stations for

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

18  schedule shall consider:

19         a.  The locations, capacities, and planned utilization

20  rates of current educational facilities of the district. The

21  capacity of existing satisfactory facilities, as reported in

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

23  capital outlay full-time-equivalent student enrollment as

24  determined by the department, including all enrollment used in

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

26         b.  The proposed locations of planned facilities,

27  whether those locations are consistent with the comprehensive

28  plans of all affected local governments, and recommendations

29  for infrastructure and other improvements to land adjacent to

30  existing facilities. The provisions of ss. 235.19 and

31  235.193(12), (13), and (14) must be addressed for new


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

  2  as appropriate.

  3         c.  Plans for the use and location of relocatable

  4  facilities, leased facilities, and charter school facilities.

  5         d.  Plans for multitrack scheduling, grade level

  6  organization, block scheduling, or other alternatives that

  7  reduce the need for additional permanent student stations.

  8         e.  Information concerning average class size and

  9  utilization rate by grade level within the district which that

10  will result if the tentative district facilities work program

11  is fully implemented. The average shall not include

12  exceptional student education classes or prekindergarten

13  classes.

14         f.  The number and percentage of district students

15  planned to be educated in relocatable facilities during each

16  year of the tentative district facilities work program. For

17  determining future needs, student capacity may not be assigned

18  to any relocatable classroom that is scheduled for elimination

19  or replacement with a permanent educational facility in the

20  current year of the adopted district educational facilities

21  plan and in the district facilities work program adopted under

22  this section. Those relocatable classrooms clearly identified

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

24  financially feasible, 5-year district facilities work program

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

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

27  district facilities work program is changed and the

28  relocatable classrooms are not replaced as scheduled in the

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

30  and be counted at actual capacity. Relocatable classrooms may

31  not be perpetually added to the work program or continually


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  1  extended for purposes of circumventing this section. All

  2  relocatable classrooms not identified and scheduled for

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

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

  5  capacity. The district educational facilities plan must

  6  identify the number of relocatable student stations scheduled

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

  8  dollar amount needed for that replacement.

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

10  plans for disposition of the facility or usage of facility

11  space, and anticipated revenues.

12         h.  Projects for which capital outlay and debt service

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

14  Constitution are to be used shall be identified separately in

15  priority order on a project priority list within the district

16  facilities work program.

17         3.  The projected cost for each project identified in

18  the tentative district facilities work program. For proposed

19  projects for new student stations, a schedule shall be

20  prepared comparing the planned cost and square footage for

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

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

23  facilities constructed throughout the state during the most

24  recent fiscal year for which data is available from the

25  Department of Education.

26         4.  A schedule of estimated capital outlay revenues

27  from each currently approved source which is estimated to be

28  available for expenditure on the projects included in the

29  tentative district facilities work program.

30

31


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  1         5.  A schedule indicating which projects included in

  2  the tentative district facilities work program will be funded

  3  from current revenues projected in subparagraph 4.

  4         6.  A schedule of options for the generation of

  5  additional revenues by the district for expenditure on

  6  projects identified in the tentative district facilities work

  7  program which are not funded under subparagraph 5. Additional

  8  anticipated revenues may include effort index grants, SIT

  9  Program awards, and Classrooms First funds.

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

11  educational facilities plan work program shall be based on

12  information produced by the demographic, revenue, and

13  education estimating conferences pursuant to s. 216.136.

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

15  concerning the tentative district educational facilities plan

16  work program.

17         (e)  The district school board shall coordinate with

18  each affected local government to ensure consistency between

19  the tentative district educational facilities plan and the

20  local government comprehensive plans of the affected local

21  governments during the development of the tentative district

22  educational facilities plan.

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

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

25  contract with a qualified, independent third party to conduct

26  a financial management and performance audit of the

27  educational planning and construction activities of the

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

29  Analysis and Government Accountability and the Auditor General

30  pursuant to s. 230.23025 satisfies this requirement.

31


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  1         (3)  SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL

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

  3  board shall submit a copy of its tentative district

  4  educational facilities plan to all affected local governments

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

  6  shall review the tentative district educational facilities

  7  plan and comment to the district school board on the

  8  consistency of the plan with the local comprehensive plan,

  9  whether a comprehensive plan amendment will be necessary for

10  any proposed educational facility, and whether the local

11  government supports a necessary comprehensive plan amendment.

12  If the local government does not support a comprehensive plan

13  amendment for a proposed educational facility, the matter

14  shall be resolved pursuant to the interlocal agreement when

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

16  process for the submittal and review shall be detailed in the

17  interlocal agreement when required pursuant to ss.

18  163.3177(6)(h), 163.31777, and 235.193(2).

19         (4)(3)  ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN

20  WORK PROGRAM.--Annually, the district school board shall

21  consider and adopt the tentative district educational

22  facilities plan work program completed pursuant to subsection

23  (2). Upon giving proper public notice to the public and local

24  governments and opportunity for public comment, the district

25  school board may amend the plan program to revise the priority

26  of projects, to add or delete projects, to reflect the impact

27  of change orders, or to reflect the approval of new revenue

28  sources which may become available. The adopted district

29  educational facilities plan work program shall:

30         (a)  Be a complete, balanced, and financially feasible

31  capital outlay financial plan for the district.


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    CS for SB's 1906 & 550                         First Engrossed



  1         (b)  Set forth the proposed commitments and planned

  2  expenditures of the district to address the educational

  3  facilities needs of its students and to adequately provide for

  4  the maintenance of the educational plant and ancillary

  5  facilities, including safe access ways from neighborhoods to

  6  schools.

  7         (5)(4)  EXECUTION OF ADOPTED DISTRICT EDUCATIONAL

  8  FACILITIES PLAN WORK PROGRAM.--The first year of the adopted

  9  district educational facilities plan work program shall

10  constitute the capital outlay budget required in s. 235.18.

11  The adopted district educational facilities plan work program

12  shall include the information required in subparagraphs

13  (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects

14  actually funded in the plan program.

15         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

16  the adopted district facilities work program covering the

17  5-year work program, the district school board shall adopt

18  annually a 10-year and a 20-year work program which include

19  the information set forth in subsection (2), but based upon

20  enrollment projections and facility needs for the 10-year and

21  20-year periods. It is recognized that the projections in the

22  10-year and 20-year timeframes are tentative and should be

23  used only for general planning purposes.

24         Section 19.  Section 235.1851, Florida Statutes, is

25  created to read:

26         235.1851  Educational facilities benefit districts.--

27         (1)  It is the intent of the Legislature to encourage

28  and authorize public cooperation among district school boards,

29  affected local general purpose governments, and benefited

30  private interests in order to implement financing for timely

31  construction and maintenance of school facilities, including


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  1  facilities identified in individual district facilities work

  2  programs or proposed by charter schools.  It is the further

  3  intent of the Legislature to provide efficient alternative

  4  mechanisms and incentives to allow for sharing costs of

  5  educational facilities necessary to accommodate new growth and

  6  development among public agencies, including district school

  7  boards, affected local general purpose governments, and

  8  benefited private development interests.

  9         (2)  The Legislature hereby authorizes the creation of

10  educational facilities benefit districts pursuant to

11  interlocal cooperation agreements between a district school

12  board and all local general purpose governments within whose

13  jurisdiction a district is located.  The purpose of

14  educational facilities benefit districts is to assist in

15  financing the construction and maintenance of educational

16  facilities.

17         (3)(a)  An educational facilities benefit district may

18  be created pursuant to this act and chapters 125, 163, 166,

19  and 189.  An educational facilities benefit district charter

20  may be created by a county or municipality by entering into an

21  interlocal agreement, as authorized by s. 163.01, with the

22  district school board and any local general purpose government

23  within whose jurisdiction a portion of the district is located

24  and adoption of an ordinance that includes all provisions

25  contained within s. 189.4041.  The creating entity shall be

26  the local general purpose government within whose boundaries a

27  majority of the educational facilities benefit district's

28  lands are located.

29         (b)  Creation of any educational facilities benefit

30  district shall be conditioned upon the consent of the district

31  school board, all local general purpose governments within


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    CS for SB's 1906 & 550                         First Engrossed



  1  whose jurisdiction any portion of the educational facilities

  2  benefit district is located, and all landowners within the

  3  district. The membership of the governing board of any

  4  educational facilities benefit district shall include

  5  representation of the district school board, each cooperating

  6  local general purpose government, and the landowners within

  7  the district.  In the case of an educational facilities

  8  benefit district's decision to create a charter school, the

  9  board of directors of the charter school may constitute the

10  members of the governing board for the educational facilities

11  benefit district.

12         (4)  The educational facilities benefit district shall

13  have, and its governing board may exercise, the following

14  powers:

15         (a)  To finance and construct educational facilities

16  within the district's boundaries.

17         (b)  To sue and be sued in the name of the district; to

18  adopt and use a seal and authorize the use of a facsimile

19  thereof; to acquire, by purchase, gift, devise, or otherwise,

20  and to dispose of real and personal property or any estate

21  therein; and to make and execute contracts and other

22  instruments necessary or convenient to the exercise of its

23  powers.

24         (c)  To contract for the services of consultants to

25  perform planning, engineering, legal, or other appropriate

26  services of a professional nature.  Such contracts shall be

27  subject to the public bidding or competitive negotiations

28  required of local general purpose governments.

29         (d)  To borrow money and accept gifts; to apply for

30  unused grants or loans of money or other property from the

31  United States, the state, a unit of local government, or any


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    CS for SB's 1906 & 550                         First Engrossed



  1  person for any district purposes and enter into agreements

  2  required in connection therewith; and to hold, use, and

  3  dispose of such moneys or property for any district purposes

  4  in accordance with the terms of the gift, grant, loan, or

  5  agreement relating thereto.

  6         (e)  To adopt resolutions and polices prescribing the

  7  powers, duties, and functions of the officers of the district,

  8  the conduct of the business of the district, and the

  9  maintenance of records and documents of the district.

10         (f)  To maintain an office at such place or places as

11  it may designate within the district or within the boundaries

12  of the local general purpose government that created the

13  district.

14         (g)  To lease as lessor or lessee to or from any

15  person, firm, corporation, association, or body, public or

16  private, any projects of the type that the district is

17  authorized to undertake and facilities or property of any

18  nature for use of the district to carry out any of the

19  purposes authorized by this act.

20         (h)  To borrow money and issue bonds, certificates,

21  warrants, notes, or other evidence of indebtedness pursuant to

22  this act for periods not longer than 30 years, provided such

23  bonds, certificates, warrants, notes, or other indebtedness

24  shall only be guaranteed by non-ad valorem assessments legally

25  imposed by the district and other available sources of funds

26  provided in this act and shall not pledge the full faith and

27  credit of any local general purpose government or the district

28  school board.

29         (i)  To cooperate with or contract with other

30  governmental agencies as may be necessary, convenient,

31  incidental, or proper in connection with any of the powers,


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  1  duties, or purposes authorized by this act and to accept

  2  funding from local and state agencies as provided in this act.

  3         (j)  To levy, impose, collect, and enforce non-ad

  4  valorem assessments, as defined by s. 197.3632(1)(d), pursuant

  5  to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,

  6  and 197.3635.

  7         (k)  To exercise all powers necessary, convenient,

  8  incidental, or proper in connection with any of the powers,

  9  duties, or purposes authorized by this act.

10         (5)  As an alternative to the creation of an

11  educational facilities benefit district, the Legislature

12  hereby recognizes and encourages the consideration of

13  community development district creation pursuant to chapter

14  190 as a viable alternative for financing the construction and

15  maintenance of educational facilities as described in this

16  act. Community development districts are granted the authority

17  to determine, order, levy, impose, collect, and enforce non-ad

18  valorem assessments for such purposes pursuant to this act and

19  chapters 170, 190, and 197. This authority is in addition to

20  any authority granted community development districts under

21  chapter 190. Community development districts are therefore

22  deemed eligible for the financial enhancements available to

23  educational facilities benefit districts providing for

24  financing the construction and maintenance of educational

25  facilities pursuant to s. 235.1852.  In order to receive such

26  financial enhancements, a community development district must

27  enter into an interlocal agreement with the district school

28  board and affected local general purpose governments that

29  specifies the obligations of all parties to the agreement.

30  Nothing in this act or in any interlocal agreement entered

31  into pursuant to this act requires any change in the method of


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  1  election of a board of supervisors of a community development

  2  district provided in chapter 190.

  3         Section 20.  Section 235.1852, Florida Statutes, is

  4  created to read:

  5         235.1852  Local funding for educational facilities

  6  benefit districts or community development districts.--Upon

  7  confirmation by a district school board of the commitment of

  8  revenues by an educational facilities benefit district or

  9  community development district necessary to construct and

10  maintain an educational facility contained within an

11  individual district facilities work program or proposed by an

12  approved charter school or a charter school applicant, the

13  following funds shall be provided to the educational

14  facilities benefit district or community development district

15  annually, beginning with the next fiscal year after

16  confirmation until the district's financial obligations are

17  completed:

18         (1)  All educational facilities impact fee revenue

19  collected for new development within the educational

20  facilities benefit district or community development district.

21  Funds provided under this subsection shall be used to fund the

22  construction and capital maintenance costs of educational

23  facilities.

24         (2)  For construction and capital maintenance costs not

25  covered by the funds provided under subsection (1), an annual

26  amount contributed by the district school board equal to

27  one-half of the remaining costs of construction and capital

28  maintenance of the educational facility. Any construction

29  costs above the cost-per-student criteria established for the

30  SIT Program in s. 235.216(2) shall be funded exclusively by

31  the educational facilities benefit district or the community


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    CS for SB's 1906 & 550                         First Engrossed



  1  development district. Funds contributed by a district school

  2  board shall not be used to fund operational costs.

  3

  4  Educational facilities funded pursuant to this act may be

  5  constructed on land that is owned by any person after the

  6  district school board has acquired from the owner of the land

  7  a long-term lease for the use of this land for a period of not

  8  less than 40 years or the life expectancy of the permanent

  9  facilities constructed thereon, whichever is longer. All

10  interlocal agreements entered into pursuant to this act shall

11  provide for ownership of educational facilities funded

12  pursuant to this act to revert to the district school board if

13  such facilities cease to be used for public educational

14  purposes prior to 40 years after construction or prior to the

15  end of the life expectancy of the educational facilities,

16  whichever is longer.

17         Section 21.  Section 235.1853, Florida Statutes, is

18  created to read:

19         235.1853  Educational facilities benefit district or

20  community development district facility utilization.--The

21  student population of all facilities funded pursuant to this

22  act shall reflect the racial balance of the school district

23  pursuant to state and federal law.  However, to the extent

24  allowable pursuant to state and federal law, the interlocal

25  agreement providing for the establishment of the educational

26  facilities benefit district or the interlocal agreement

27  between the community development district and the district

28  school board and affected local general purpose governments

29  may provide for the district school board to establish school

30  attendance zones that allow students residing within a

31


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    CS for SB's 1906 & 550                         First Engrossed



  1  reasonable distance of facilities financed through the

  2  interlocal agreement to attend such facilities.

  3         Section 22.  Section 235.188, Florida Statutes, is

  4  amended to read:

  5         235.188  Full bonding required to participate in

  6  programs.--Any district with unused bonding capacity in its

  7  Capital Outlay and Debt Service Trust Fund allocation that

  8  certifies in its district educational facilities plan work

  9  program that it will not be able to meet all of its need for

10  new student stations within existing revenues must fully bond

11  its Capital Outlay and Debt Service Trust Fund allocation

12  before it may participate in Classrooms First, the School

13  Infrastructure Thrift (SIT) Program, or the Effort Index

14  Grants Program.

15         Section 23.  Section 235.19, Florida Statutes, is

16  amended to read:

17         235.19  Site planning and selection.--

18         (1)  Before acquiring property for sites, each board

19  shall determine the location of proposed educational centers

20  or campuses for the board.  In making this determination, the

21  board shall consider existing and anticipated site needs and

22  the most economical and practicable locations of sites.  The

23  board shall coordinate with the long-range or comprehensive

24  plans of local, regional, and state governmental agencies to

25  assure the consistency compatibility of such plans with site

26  planning. Boards are encouraged to locate district educational

27  facilities schools proximate to urban residential areas to the

28  extent possible, and shall seek to collocate district

29  educational facilities schools with other public facilities,

30  such as parks, libraries, and community centers, to the extent

31


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    CS for SB's 1906 & 550                         First Engrossed



  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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    CS for SB's 1906 & 550                         First Engrossed



  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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    CS for SB's 1906 & 550                         First Engrossed



  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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    CS for SB's 1906 & 550                         First Engrossed



  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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    CS for SB's 1906 & 550                         First Engrossed



  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


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  1  include the dispute-resolution processes contained in chapters

  2  164 and 186.

  3         (i)  An oversight process, including an opportunity for

  4  public participation, for the implementation of the interlocal

  5  agreement.

  6

  7  A signatory to the interlocal agreement may elect not to

  8  include a provision meeting the requirements of paragraph (e);

  9  however, such a decision may be made only after a public

10  hearing on such election, which may include the public hearing

11  in which a district school board or a local government adopts

12  the interlocal agreement. An interlocal agreement entered into

13  pursuant to this section must be consistent with the adopted

14  comprehensive plan and land development regulations of any

15  local government that is a signatory.

16         (4)(a)  The Office of Educational Facilities and SMART

17  Schools Clearinghouse shall submit any comments or concerns

18  regarding the executed interlocal agreement to the state land

19  planning agency within 30 days after receipt of the executed

20  interlocal agreement. The state land planning agency shall

21  review the executed interlocal agreement to determine whether

22  it is consistent with the requirements of subsection (3), the

23  adopted local government comprehensive plan, and other

24  requirements of law. Within 60 days after receipt of an

25  executed interlocal agreement, the state land planning agency

26  shall publish a notice of intent in the Florida Administrative

27  Weekly and shall post a copy of the notice on the agency's

28  Internet site. The notice of intent must state that the

29  interlocal agreement is consistent or inconsistent with the

30  requirements of subsection (3) and this subsection as

31  appropriate.


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  1         (b)  The state land planning agency's notice is subject

  2  to challenge under chapter 120; however, an affected person,

  3  as defined in s. 163.3184(1)(a), has standing to initiate the

  4  administrative proceeding and this proceeding is the sole

  5  means available to challenge the consistency of an interlocal

  6  agreement required by this section with the criteria contained

  7  in subsection (3) and this subsection. In order to have

  8  standing, each person must have submitted oral or written

  9  comments, recommendations, or objections to the local

10  government or the school board before the adoption of the

11  interlocal agreement by the district school board and local

12  government. The district school board and local governments

13  are parties to any such proceeding. In this proceeding, when

14  the state land planning agency finds the interlocal agreement

15  to be consistent with the criteria in subsection (3) and this

16  subsection, the interlocal agreement must be determined to be

17  consistent with subsection (3) and this subsection if the

18  local government's and school board's determination of

19  consistency is fairly debatable. When the state land planning

20  agency finds the interlocal agreement to be inconsistent with

21  the requirements of subsection (3) and this subsection, the

22  local government's and school board's determination of

23  consistency shall be sustained unless it is shown by a

24  preponderance of the evidence that the interlocal agreement is

25  inconsistent.

26         (c)  If the state land planning agency enters a final

27  order that finds that the interlocal agreement is inconsistent

28  with the requirements of subsection (3) or this subsection,

29  the state land planning agency shall forward it to the

30  Administration Commission, which may impose sanctions against

31  the local government pursuant to s. 163.3184(11) and may


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  1  impose sanctions against the district school board by

  2  directing the Department of Education to withhold an

  3  equivalent amount of funds for school construction available

  4  pursuant to ss. 235.187, 235.216, 235.2195, and 235.42.

  5         (5)  If an executed interlocal agreement is not timely

  6  submitted to the state land planning agency for review, the

  7  state land planning agency shall, within 15 working days after

  8  the deadline for submittal, issue to the local government and

  9  the district school board a Notice to Show Cause why sanctions

10  should not be imposed for failure to submit an executed

11  interlocal agreement by the deadline established by the

12  agency. The agency shall forward the notice and the responses

13  to the Administration Commission, which may enter a final

14  order citing the failure to comply and imposing sanctions

15  against the local government and district school board by

16  directing the appropriate agencies to withhold at least 5

17  percent of state funds pursuant to s. 163.3184(11) and by

18  directing the Department of Education to withhold from the

19  district school board at least 5 percent of funds for school

20  construction available pursuant to ss. 235.187, 235.216,

21  235.2195, and 235.42.

22         (6)  Any local government transmitting a public school

23  element to implement school concurrency pursuant to the

24  requirements of s. 163.3180 before the effective date of this

25  section is not required to amend the element or any interlocal

26  agreement to conform with the provisions of subsections

27  (2)-(8) if the element is adopted prior to or within 1 year

28  after the effective date of subsections (2)-(8) and remains in

29  effect.

30         (7)  Except as provided in subsection (8),

31  municipalities having no established need for a new facility


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  1  and meeting the following criteria are exempt from the

  2  requirements of subsections (2), (3) and (4):

  3         (a)  The municipality has no public schools located

  4  within its boundaries.

  5         (b)  The district school board's 5-year facilities work

  6  program and the long-term 10-year and 20-year work programs,

  7  as provided in s. 235.185, demonstrate that no new school

  8  facility is needed in the municipality. In addition, the

  9  district school board must verify in writing that no new

10  school facility will be needed in the municipality within the

11  5-year and 10-year timeframes.

12         (8)  At the time of the evaluation and appraisal

13  report, each exempt municipality shall assess the extent to

14  which it continues to meet the criteria for exemption under

15  subsection (7). If the municipality continues to meet these

16  criteria and the district school board verifies in writing

17  that no new school facilities will be needed within the 5-year

18  and 10-year timeframes, the municipality shall continue to be

19  exempt from the interlocal-agreement requirement. Each

20  municipality exempt under subsection (7) must comply with the

21  provisions of subsections (2)-(8) within 1 year after the

22  district school board proposes, in its 5-year district

23  facilities work program, a new school within the

24  municipality's jurisdiction.

25         (9)(2)  A school board and the local governing body

26  must share and coordinate information related to existing and

27  planned public school facilities; proposals for development,

28  redevelopment, or additional development; and infrastructure

29  required to support the public school facilities, concurrent

30  with proposed development. A school board shall use

31  information produced by the demographic, revenue, and


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  1  education estimating conferences pursuant to s. 216.136

  2  Department of Education enrollment projections when preparing

  3  the 5-year district educational facilities plan work program

  4  pursuant to s. 235.185, as modified and agreed to by the local

  5  governments, when provided by interlocal agreement, and the

  6  Office of Educational Facilities and SMART Schools

  7  Clearinghouse, in and a school board shall affirmatively

  8  demonstrate in the educational facilities report consideration

  9  of local governments' population projections, to ensure that

10  the district educational facilities plan 5-year work program

11  not only reflects enrollment projections but also considers

12  applicable municipal and county growth and development

13  projections. The projections must be apportioned

14  geographically with assistance from the local governments

15  using local government trend data and the school district

16  student enrollment data. A school board is precluded from

17  siting a new school in a jurisdiction where the school board

18  has failed to provide the annual educational facilities plan

19  report for the prior year required pursuant to s. 235.185 s.

20  235.194 unless the failure is corrected.

21         (10)(3)  The location of public educational facilities

22  shall be consistent with the comprehensive plan of the

23  appropriate local governing body developed under part II of

24  chapter 163 and consistent with the plan's implementing land

25  development regulations, to the extent that the regulations

26  are not in conflict with or the subject regulated is not

27  specifically addressed by this chapter or the State Uniform

28  Building Code, unless mutually agreed by the local government

29  and the board.

30         (11)(4)  To improve coordination relative to potential

31  educational facility sites, a board shall provide written


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  1  notice to the local government that has regulatory authority

  2  over the use of the land consistent with an interlocal

  3  agreement entered pursuant to subsections (2)-(8) at least 60

  4  days prior to acquiring or leasing property that may be used

  5  for a new public educational facility.  The local government,

  6  upon receipt of this notice, shall notify the board within 45

  7  days if the site proposed for acquisition or lease is

  8  consistent with the land use categories and policies of the

  9  local government's comprehensive plan.  This preliminary

10  notice does not constitute the local government's

11  determination of consistency pursuant to subsection (12) (5).

12         (12)(5)  As early in the design phase as feasible and

13  consistent with an interlocal agreement entered pursuant to

14  subsections (2)-(8), but no later than 90 days before

15  commencing construction, the district school board shall in

16  writing request a determination of consistency with the local

17  government's comprehensive plan. but at least before

18  commencing construction of a new public educational facility,

19  The local governing body that regulates the use of land shall

20  determine, in writing within 45 90 days after receiving the

21  necessary information and a school board's request for a

22  determination, whether a proposed public educational facility

23  is consistent with the local comprehensive plan and consistent

24  with local land development regulations, to the extent that

25  the regulations are not in conflict with or the subject

26  regulated is not specifically addressed by this chapter or the

27  State Uniform Building Code, unless mutually agreed. If the

28  determination is affirmative, school construction may commence

29  proceed and further local government approvals are not

30  required, except as provided in this section. Failure of the

31  local governing body to make a determination in writing within


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  1  90 days after a school board's request for a determination of

  2  consistency shall be considered an approval of the school

  3  board's application.

  4         (13)(6)  A local governing body may not deny the site

  5  applicant based on adequacy of the site plan as it relates

  6  solely to the needs of the school. If the site is consistent

  7  with the comprehensive plan's future land use policies and

  8  categories in which public schools are identified as allowable

  9  uses, the local government may not deny the application but it

10  may impose reasonable development standards and conditions in

11  accordance with s. 235.34(1) and consider the site plan and

12  its adequacy as it relates to environmental concerns, health,

13  safety and welfare, and effects on adjacent property.

14  Standards and conditions may not be imposed which conflict

15  with those established in this chapter or the Florida State

16  Uniform Building Code, unless mutually agreed and consistent

17  with the interlocal agreement required by subsections (2)-(8).

18         (14)(7)  This section does not prohibit a local

19  governing body and district school board from agreeing and

20  establishing an alternative process for reviewing a proposed

21  educational facility and site plan, and offsite impacts,

22  pursuant to an interlocal agreement adopted in accordance with

23  subsections (2)-(8).

24         (15)(8)  Existing schools shall be considered

25  consistent with the applicable local government comprehensive

26  plan adopted under part II of chapter 163. The collocation of

27  a new proposed public educational facility with an existing

28  public educational facility, or the expansion of an existing

29  public educational facility is not inconsistent with the local

30  comprehensive plan, if the site is consistent with the

31  comprehensive plan's future land use policies and categories


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  1  in which public schools are identified as allowable uses, and

  2  levels of service adopted by the local government for any

  3  facilities affected by the proposed location for the new

  4  facility are maintained. If a board submits an application to

  5  expand an existing school site, the local governing body may

  6  impose reasonable development standards and conditions on the

  7  expansion only, and in a manner consistent with s. 235.34(1).

  8  Standards and conditions may not be imposed which conflict

  9  with those established in this chapter or the Florida State

10  Uniform Building Code, unless mutually agreed upon. Local

11  government review or approval is not required for:

12         (a)  The placement of temporary or portable classroom

13  facilities; or

14         (b)  Proposed renovation or construction on existing

15  school sites, with the exception of construction that changes

16  the primary use of a facility, includes stadiums, or results

17  in a greater than 5 percent increase in student capacity, or

18  as mutually agreed upon, pursuant to an interlocal agreement

19  adopted in accordance with subsections (2)-(8).

20         Section 25.  Section 235.194, Florida Statutes, is

21  repealed.

22         Section 26.  Section 235.218, Florida Statutes, is

23  amended to read:

24         235.218  School district educational facilities plan

25  work program performance and productivity standards;

26  development; measurement; application.--

27         (1)  The Office of Educational Facilities and SMART

28  Schools Clearinghouse shall develop and adopt measures for

29  evaluating the performance and productivity of school district

30  educational facilities plans work programs. The measures may

31  be both quantitative and qualitative and must, to the maximum


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  1  extent practical, assess those factors that are within the

  2  districts' control.  The measures must, at a minimum, assess

  3  performance in the following areas:

  4         (a)  Frugal production of high-quality projects.

  5         (b)  Efficient finance and administration.

  6         (c)  Optimal school and classroom size and utilization

  7  rate.

  8         (d)  Safety.

  9         (e)  Core facility space needs and cost-effective

10  capacity improvements that consider demographic projections.

11         (f)  Level of district local effort.

12         (2)  The office clearinghouse shall establish annual

13  performance objectives and standards that can be used to

14  evaluate district performance and productivity.

15         (3)  The office clearinghouse shall conduct ongoing

16  evaluations of district educational facilities program

17  performance and productivity, using the measures adopted under

18  this section. If, using these measures, the office

19  clearinghouse finds that a district failed to perform

20  satisfactorily, the office clearinghouse must recommend to the

21  district school board actions to be taken to improve the

22  district's performance.

23         Section 27.  Paragraph (c) of subsection (2) of section

24  235.2197, Florida Statutes, is amended to read:

25         235.2197  Florida Frugal Schools Program.--

26         (2)  The "Florida Frugal Schools Program" is created to

27  recognize publicly each district school board that agrees to

28  build frugal yet functional educational facilities and that

29  implements "best financial management practices" when

30  planning, constructing, and operating educational facilities.

31  The Florida State Board of Education shall recognize a


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  1  district school board as having a Florida Frugal Schools

  2  Program if the district requests recognition and satisfies two

  3  or more of the following criteria:

  4         (c)  The district school board submits a plan to the

  5  Commissioner of Education certifying how the revenues

  6  generated by the levy of the capital outlay sales surtax

  7  authorized by s. 212.055(6) will be spent. The plan must

  8  include at least the following assurances about the use of the

  9  proceeds of the surtax and any accrued interest:

10         1.  The district school board will use the surtax and

11  accrued interest only for the fixed capital outlay purposes

12  identified by s. 212.055(6)(d) which will reduce school

13  overcrowding that has been validated by the Department of

14  Education, or for the repayment of bonded indebtedness related

15  to such capital outlay purposes.

16         2.  The district school board will not spend the surtax

17  or accrued interest to pay for operational expenses or for the

18  construction, renovation, or remodeling of any administrative

19  building or any other ancillary facility that is not directly

20  related to the instruction, feeding, or transportation of

21  students enrolled in the public schools.

22         3.  The district school board's use of the surtax and

23  accrued interest will be consistent with the best financial

24  management practices identified and approved under s.

25  230.23025.

26         4.  The district school board will apply the

27  educational facilities contracting and construction techniques

28  authorized by s. 235.211 or other construction management

29  techniques to reduce the cost of educational facilities.

30         5.  The district school board will discontinue the

31  surtax levy when the district has provided the


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  1  survey-recommended educational facilities that were determined

  2  to be necessary to relieve school overcrowding; when the

  3  district has satisfied any bonded indebtedness incurred for

  4  such educational facilities; or when the district's other

  5  sources of capital outlay funds are sufficient to provide such

  6  educational facilities, whichever occurs first.

  7         6.  The district school board will use any excess

  8  surtax collections or accrued interest to reduce the

  9  discretionary outlay millage levied under s. 236.25(2).

10         Section 28.  Section 235.321, Florida Statutes, is

11  amended to read:

12         235.321  Changes in construction requirements after

13  award of contract.--The board may, at its option and by

14  written policy duly adopted and entered in its official

15  minutes, authorize the superintendent or president or other

16  designated individual to approve change orders in the name of

17  the board for preestablished amounts.  Approvals shall be for

18  the purpose of expediting the work in progress and shall be

19  reported to the board and entered in its official minutes. For

20  accountability, the school district shall monitor and report

21  the impact of change orders on its district educational

22  facilities plan work program pursuant to s. 235.185.

23         Section 29.  Paragraph (d) of subsection (5) of section

24  236.25, Florida Statutes, is amended to read:

25         236.25  District school tax.--

26         (5)

27         (d)  Notwithstanding any other provision of this

28  subsection, if through its adopted educational facilities plan

29  work program a district has clearly identified the need for an

30  ancillary plant, has provided opportunity for public input as

31  to the relative value of the ancillary plant versus an


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  1  educational plant, and has obtained public approval, the

  2  district may use revenue generated by the millage levy

  3  authorized by subsection (2) for the acquisition,

  4  construction, renovation, remodeling, maintenance, or repair

  5  of an ancillary plant.

  6

  7  A district that violates these expenditure restrictions shall

  8  have an equal dollar reduction in funds appropriated to the

  9  district under s. 236.081 in the fiscal year following the

10  audit citation.  The expenditure restrictions do not apply to

11  any school district that certifies to the Commissioner of

12  Education that all of the district's instructional space needs

13  for the next 5 years can be met from capital outlay sources

14  that the district reasonably expects to receive during the

15  next 5 years or from alternative scheduling or construction,

16  leasing, rezoning, or technological methodologies that exhibit

17  sound management.

18         Section 30.  Subsection (3) of section 380.04, Florida

19  Statutes, is amended to read:

20         380.04  Definition of development.--

21         (3)  The following operations or uses shall not be

22  taken for the purpose of this chapter to involve "development"

23  as defined in this section:

24         (a)  Work by a highway or road agency or railroad

25  company for the maintenance or improvement of a road or

26  railroad track, if the work is carried out on land within the

27  boundaries of the right-of-way or any work or construction

28  within the boundaries of the right-of-way on the federal

29  interstate highway system.

30         (b)  Work by any utility and other persons engaged in

31  the distribution or transmission of electricity, gas, or


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  1  water, for the purpose of inspecting, repairing, renewing, or

  2  constructing on established rights-of-way any sewers, mains,

  3  pipes, cables, utility tunnels, power lines, towers, poles,

  4  tracks, or the like.

  5         (c)  Work for the maintenance, renewal, improvement, or

  6  alteration of any structure, if the work affects only the

  7  interior or the color of the structure or the decoration of

  8  the exterior of the structure.

  9         (d)  The use of any structure or land devoted to

10  dwelling uses for any purpose customarily incidental to

11  enjoyment of the dwelling.

12         (e)  The use of any land for the purpose of growing

13  plants, crops, trees, and other agricultural or forestry

14  products; raising livestock; or for other agricultural

15  purposes.

16         (f)  A change in use of land or structure from a use

17  within a class specified in an ordinance or rule to another

18  use in the same class.

19         (g)  A change in the ownership or form of ownership of

20  any parcel or structure.

21         (h)  The creation or termination of rights of access,

22  riparian rights, easements, covenants concerning development

23  of land, or other rights in land.

24         Section 31.  Paragraph (d) of subsection (2), paragraph

25  (b) of subsection (4), paragraph (a) of subsection (8),

26  subsection (12), paragraph (c) of subsection (15), subsection

27  (18), and paragraphs (b), (c), (e), and (f) of subsection (19)

28  of section 380.06, Florida Statutes, are amended, and

29  paragraphs (i) and (j) are added to subsection (24) of that

30  section, to read:

31         380.06  Developments of regional impact.--


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  1         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

  2         (d)  The guidelines and standards shall be applied as

  3  follows:

  4         1.  Fixed thresholds.--

  5         a.  A development that is at or below 100 80 percent of

  6  all numerical thresholds in the guidelines and standards shall

  7  not be required to undergo development-of-regional-impact

  8  review.

  9         b.  A development that is at or above 120 percent of

10  any numerical threshold shall be required to undergo

11  development-of-regional-impact review.

12         c.  Projects certified under s. 403.973 which create at

13  least 100 jobs and meet the criteria of the Office of Tourism,

14  Trade, and Economic Development as to their impact on an

15  area's economy, employment, and prevailing wage and skill

16  levels that are at or below 100 percent of the numerical

17  thresholds for industrial plants, industrial parks,

18  distribution, warehousing or wholesaling facilities, office

19  development or multiuse projects other than residential, as

20  described in s. 380.0651(3)(c), (d), and (i), are not required

21  to undergo development-of-regional-impact review.

22         2.  Rebuttable presumption presumptions.--

23         a.  It shall be presumed that a development that is

24  between 80 and 100 percent of a numerical threshold shall not

25  be required to undergo development-of-regional-impact review.

26         b.  It shall be presumed that a development that is at

27  100 percent or between 100 and 120 percent of a numerical

28  threshold shall be required to undergo

29  development-of-regional-impact review.

30         (4)  BINDING LETTER.--

31


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  1         (b)  Unless a developer waives the requirements of this

  2  paragraph by agreeing to undergo

  3  development-of-regional-impact review pursuant to this

  4  section, the state land planning agency or local government

  5  with jurisdiction over the land on which a development is

  6  proposed may require a developer to obtain a binding letter

  7  if:

  8         1.  the development is at a presumptive numerical

  9  threshold or up to 20 percent above a numerical threshold in

10  the guidelines and standards.; or

11         2.  The development is between a presumptive numerical

12  threshold and 20 percent below the numerical threshold and the

13  local government or the state land planning agency is in doubt

14  as to whether the character or magnitude of the development at

15  the proposed location creates a likelihood that the

16  development will have a substantial effect on the health,

17  safety, or welfare of citizens of more than one county.

18         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--

19         (a)  A developer may enter into a written preliminary

20  development agreement with the state land planning agency to

21  allow a developer to proceed with a limited amount of the

22  total proposed development, subject to all other governmental

23  approvals and solely at the developer's own risk, prior to

24  issuance of a final development order.  All owners of the land

25  in the total proposed development shall join the developer as

26  parties to the agreement. Each agreement shall include and be

27  subject to the following conditions:

28         1.  The developer shall comply with the preapplication

29  conference requirements pursuant to subsection (7) within 45

30  days after the execution of the agreement.

31


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  1         2.  The developer shall file an application for

  2  development approval for the total proposed development within

  3  3 months after execution of the agreement, unless the state

  4  land planning agency agrees to a different time for good cause

  5  shown. Failure to timely file an application and to otherwise

  6  diligently proceed in good faith to obtain a final development

  7  order shall constitute a breach of the preliminary development

  8  agreement.

  9         3.  The agreement shall include maps and legal

10  descriptions of both the preliminary development area and the

11  total proposed development area and shall specifically

12  describe the preliminary development in terms of magnitude and

13  location.  The area approved for preliminary development must

14  be included in the application for development approval and

15  shall be subject to the terms and conditions of the final

16  development order.

17         4.  The preliminary development shall be limited to

18  lands that the state land planning agency agrees are suitable

19  for development and shall only be allowed in areas where

20  adequate public infrastructure exists to accommodate the

21  preliminary development, when such development will utilize

22  public infrastructure.  The developer must also demonstrate

23  that the preliminary development will not result in material

24  adverse impacts to existing resources or existing or planned

25  facilities.

26         5.  The preliminary development agreement may allow

27  development which is:

28         a.  Less than or equal to 100 80 percent of any

29  applicable threshold if the developer demonstrates that such

30  development is consistent with subparagraph 4.; or

31


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  1         b.  Less than 120 percent of any applicable threshold

  2  if the developer demonstrates that such development is part of

  3  a proposed downtown development of regional impact specified

  4  in subsection (22) or part of any areawide development of

  5  regional impact specified in subsection (25) and that the

  6  development is consistent with subparagraph 4.

  7         6.  The developer and owners of the land may not claim

  8  vested rights, or assert equitable estoppel, arising from the

  9  agreement or any expenditures or actions taken in reliance on

10  the agreement to continue with the total proposed development

11  beyond the preliminary development. The agreement shall not

12  entitle the developer to a final development order approving

13  the total proposed development or to particular conditions in

14  a final development order.

15         7.  The agreement shall not prohibit the regional

16  planning agency from reviewing or commenting on any regional

17  issue that the regional agency determines should be included

18  in the regional agency's report on the application for

19  development approval.

20         8.  The agreement shall include a disclosure by the

21  developer and all the owners of the land in the total proposed

22  development of all land or development within 5 miles of the

23  total proposed development in which they have an interest and

24  shall describe such interest.

25         9.  In the event of a breach of the agreement or

26  failure to comply with any condition of the agreement, or if

27  the agreement was based on materially inaccurate information,

28  the state land planning agency may terminate the agreement or

29  file suit to enforce the agreement as provided in this section

30  and s. 380.11, including a suit to enjoin all development.

31


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  1         10.  A notice of the preliminary development agreement

  2  shall be recorded by the developer in accordance with s.

  3  28.222 with the clerk of the circuit court for each county in

  4  which land covered by the terms of the agreement is located.

  5  The notice shall include a legal description of the land

  6  covered by the agreement and shall state the parties to the

  7  agreement, the date of adoption of the agreement and any

  8  subsequent amendments, the location where the agreement may be

  9  examined, and that the agreement constitutes a land

10  development regulation applicable to portions of the land

11  covered by the agreement.  The provisions of the agreement

12  shall inure to the benefit of and be binding upon successors

13  and assigns of the parties in the agreement.

14         11.  Except for those agreements which authorize

15  preliminary development for substantial deviations pursuant to

16  subsection (19), a developer who no longer wishes to pursue a

17  development of regional impact may propose to abandon any

18  preliminary development agreement executed after January 1,

19  1985, including those pursuant to s. 380.032(3), provided at

20  the time of abandonment:

21         a.  A final development order under this section has

22  been rendered that approves all of the development actually

23  constructed; or

24         b.  The amount of development is less than 100 80

25  percent of all numerical thresholds of the guidelines and

26  standards, and the state land planning agency determines in

27  writing that the development to date is in compliance with all

28  applicable local regulations and the terms and conditions of

29  the preliminary development agreement and otherwise adequately

30  mitigates for the impacts of the development to date.

31


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  1  In either event, when a developer proposes to abandon said

  2  agreement, the developer shall give written notice and state

  3  that he or she is no longer proposing a development of

  4  regional impact and provide adequate documentation that he or

  5  she has met the criteria for abandonment of the agreement to

  6  the state land planning agency.  Within 30 days of receipt of

  7  adequate documentation of such notice, the state land planning

  8  agency shall make its determination as to whether or not the

  9  developer meets the criteria for abandonment.  Once the state

10  land planning agency determines that the developer meets the

11  criteria for abandonment, the state land planning agency shall

12  issue a notice of abandonment which shall be recorded by the

13  developer in accordance with s. 28.222 with the clerk of the

14  circuit court for each county in which land covered by the

15  terms of the agreement is located.

16         (12)  REGIONAL REPORTS.--

17         (a)  Within 50 days after receipt of the notice of

18  public hearing required in paragraph (11)(c), the regional

19  planning agency, if one has been designated for the area

20  including the local government, shall prepare and submit to

21  the local government a report and recommendations on the

22  regional impact of the proposed development.  In preparing its

23  report and recommendations, the regional planning agency shall

24  identify regional issues based upon the following review

25  criteria and make recommendations to the local government on

26  these regional issues, specifically considering whether, and

27  the extent to which:

28         1.  The development will have a favorable or

29  unfavorable impact on state or regional resources or

30  facilities identified in the applicable state or regional

31  plans.  For the purposes of this subsection, "applicable state


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  1  plan" means the state comprehensive plan. For the purposes of

  2  this subsection, "applicable regional plan" means an adopted

  3  comprehensive regional policy plan until the adoption of a

  4  strategic regional policy plan pursuant to s. 186.508, and

  5  thereafter means an adopted strategic regional policy plan.

  6         2.  The development will significantly impact adjacent

  7  jurisdictions. At the request of the appropriate local

  8  government, regional planning agencies may also review and

  9  comment upon issues that affect only the requesting local

10  government.

11         3.  As one of the issues considered in the review in

12  subparagraphs 1. and 2., the development will favorably or

13  adversely affect the ability of people to find adequate

14  housing reasonably accessible to their places of employment.

15  The determination should take into account information on

16  factors that are relevant to the availability of reasonably

17  accessible adequate housing.  Adequate housing means housing

18  that is available for occupancy and that is not substandard.

19         (b)  At the request of the regional planning agency,

20  other appropriate agencies shall review the proposed

21  development and shall prepare reports and recommendations on

22  issues that are clearly within the jurisdiction of those

23  agencies. Such agency reports shall become part of the

24  regional planning agency report; however, the regional

25  planning agency may attach dissenting views. When water

26  management district and Department of Environmental Protection

27  permits have been issued pursuant to chapter 373 or chapter

28  403, the regional planning council may comment on the regional

29  implications of the permits but may not offer conflicting

30  recommendations.

31


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  1         (c)  The regional planning agency shall afford the

  2  developer or any substantially affected party reasonable

  3  opportunity to present evidence to the regional planning

  4  agency head relating to the proposed regional agency report

  5  and recommendations.

  6         (d)  When the location of a proposed development

  7  involves land within the boundaries of multiple regional

  8  planning councils, the state land planning agency shall

  9  designate a lead regional planning council. The lead regional

10  planning council shall prepare the regional report.

11         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

12         (c)  The development order shall include findings of

13  fact and conclusions of law consistent with subsections (13)

14  and (14). The development order:

15         1.  Shall specify the monitoring procedures and the

16  local official responsible for assuring compliance by the

17  developer with the development order.

18         2.  Shall establish compliance dates for the

19  development order, including a deadline for commencing

20  physical development and for compliance with conditions of

21  approval or phasing requirements, and shall include a

22  termination date that reasonably reflects the time required to

23  complete the development.

24         3.  Shall establish a date until which the local

25  government agrees that the approved development of regional

26  impact shall not be subject to downzoning, unit density

27  reduction, or intensity reduction, unless the local government

28  can demonstrate that substantial changes in the conditions

29  underlying the approval of the development order have occurred

30  or the development order was based on substantially inaccurate

31  information provided by the developer or that the change is


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  1  clearly established by local government to be essential to the

  2  public health, safety, or welfare.

  3         4.  Shall specify the requirements for the biennial

  4  annual report designated under subsection (18), including the

  5  date of submission, parties to whom the report is submitted,

  6  and contents of the report, based upon the rules adopted by

  7  the state land planning agency.  Such rules shall specify the

  8  scope of any additional local requirements that may be

  9  necessary for the report.

10         5.  May specify the types of changes to the development

11  which shall require submission for a substantial deviation

12  determination under subsection (19).

13         6.  Shall include a legal description of the property.

14         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

15  submit a biennial an annual report on the development of

16  regional impact to the local government, the regional planning

17  agency, the state land planning agency, and all affected

18  permit agencies in alternate years on the date specified in

19  the development order, unless the development order by its

20  terms requires more frequent monitoring.  If the annual report

21  is not received, the regional planning agency or the state

22  land planning agency shall notify the local government.  If

23  the local government does not receive the annual report or

24  receives notification that the regional planning agency or the

25  state land planning agency has not received the report, the

26  local government shall request in writing that the developer

27  submit the report within 30 days.  The failure to submit the

28  report after 30 days shall result in the temporary suspension

29  of the development order by the local government. If no

30  additional development pursuant to the development order has

31  occurred since the submission of the previous report, then a


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  1  letter from the developer stating that no development has

  2  occurred shall satisfy the requirement for a report.

  3  Development orders that require annual reports may be amended

  4  to require biennial reports at the option of the local

  5  government.

  6         (19)  SUBSTANTIAL DEVIATIONS.--

  7         (b)  Any proposed change to a previously approved

  8  development of regional impact or development order condition

  9  which, either individually or cumulatively with other changes,

10  exceeds any of the following criteria shall constitute a

11  substantial deviation and shall cause the development to be

12  subject to further development-of-regional-impact review

13  without the necessity for a finding of same by the local

14  government:

15         1.  An increase in the number of parking spaces at an

16  attraction or recreational facility by 5 percent or 300

17  spaces, whichever is greater, or an increase in the number of

18  spectators that may be accommodated at such a facility by 5

19  percent or 1,000 spectators, whichever is greater.

20         2.  A new runway, a new terminal facility, a 25-percent

21  lengthening of an existing runway, or a 25-percent increase in

22  the number of gates of an existing terminal, but only if the

23  increase adds at least three additional gates.  However, if an

24  airport is located in two counties, a 10-percent lengthening

25  of an existing runway or a 20-percent increase in the number

26  of gates of an existing terminal is the applicable criteria.

27         3.  An increase in the number of hospital beds by 5

28  percent or 60 beds, whichever is greater.

29         4.  An increase in industrial development area by 5

30  percent or 32 acres, whichever is greater.

31


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  1         5.  An increase in the average annual acreage mined by

  2  5 percent or 10 acres, whichever is greater, or an increase in

  3  the average daily water consumption by a mining operation by 5

  4  percent or 300,000 gallons, whichever is greater.  An increase

  5  in the size of the mine by 5 percent or 750 acres, whichever

  6  is less.

  7         6.  An increase in land area for office development by

  8  5 percent or 6 acres, whichever is greater, or an increase of

  9  gross floor area of office development by 5 percent or 60,000

10  gross square feet, whichever is greater.

11         7.  An increase in the storage capacity for chemical or

12  petroleum storage facilities by 5 percent, 20,000 barrels, or

13  7 million pounds, whichever is greater.

14         8.  An increase of development at a waterport of wet

15  storage for 20 watercraft, dry storage for 30 watercraft, or

16  wet/dry storage for 60 watercraft in an area identified in the

17  state marina siting plan as an appropriate site for additional

18  waterport development or a 5-percent increase in watercraft

19  storage capacity, whichever is greater.

20         9.  An increase in the number of dwelling units by 5

21  percent or 50 dwelling units, whichever is greater.

22         10.  An increase in commercial development by 6 acres

23  of land area or by 50,000 square feet of gross floor area, or

24  of parking spaces provided for customers for 300 cars or a

25  5-percent increase of either any of these, whichever is

26  greater.

27         11.  An increase in hotel or motel facility units by 5

28  percent or 75 units, whichever is greater.

29         12.  An increase in a recreational vehicle park area by

30  5 percent or 100 vehicle spaces, whichever is less.

31


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  1         13.  A decrease in the area set aside for open space of

  2  5 percent or 20 acres, whichever is less.

  3         14.  A proposed increase to an approved multiuse

  4  development of regional impact where the sum of the increases

  5  of each land use as a percentage of the applicable substantial

  6  deviation criteria is equal to or exceeds 100 percent. The

  7  percentage of any decrease in the amount of open space shall

  8  be treated as an increase for purposes of determining when 100

  9  percent has been reached or exceeded.

10         15.  A 15-percent increase in the number of external

11  vehicle trips generated by the development above that which

12  was projected during the original

13  development-of-regional-impact review.

14         16.  Any change which would result in development of

15  any area which was specifically set aside in the application

16  for development approval or in the development order for

17  preservation or special protection of endangered or threatened

18  plants or animals designated as endangered, threatened, or

19  species of special concern and their habitat, primary dunes,

20  or archaeological and historical sites designated as

21  significant by the Division of Historical Resources of the

22  Department of State.  The further refinement of such areas by

23  survey shall be considered under sub-subparagraph (e)5.b.

24

25  The substantial deviation numerical standards in subparagraphs

26  4., 6., 10., 14., excluding residential uses, and 15., are

27  increased by 100 percent for a project certified under s.

28  403.973 which creates jobs and meets criteria established by

29  the Office of Tourism, Trade, and Economic Development as to

30  its impact on an area's economy, employment, and prevailing

31  wage and skill levels. The substantial deviation numerical


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    CS for SB's 1906 & 550                         First Engrossed



  1  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

  2  increased by 50 percent for a project located wholly within an

  3  urban infill and redevelopment area designated on the

  4  applicable adopted local comprehensive plan future land use

  5  map and not located within the coastal high hazard area.

  6         (c)  An extension of the date of buildout of a

  7  development, or any phase thereof, by 7 or more years shall be

  8  presumed to create a substantial deviation subject to further

  9  development-of-regional-impact review. An extension of 6 years

10  or more, but less than 7 years, shall be presumed not to

11  create a substantial deviation. An extension of the date of

12  buildout, or any phase thereof, of 5 years or more but less

13  than 7 years shall be presumed not to create a substantial

14  deviation. These presumptions may be rebutted by clear and

15  convincing evidence at the public hearing held by the local

16  government. An extension of the date of buildout, or any phase

17  thereof, of less than 6 5 years is not a substantial

18  deviation. For the purpose of calculating when a buildout,

19  phase, or termination date has been exceeded, the time shall

20  be tolled during the pendency of administrative or judicial

21  proceedings relating to development permits.  Any extension of

22  the buildout date of a project or a phase thereof shall

23  automatically extend the commencement date of the project, the

24  termination date of the development order, the expiration date

25  of the development of regional impact, and the phases thereof

26  by a like period of time.

27         (e)1.  A proposed change which, either individually or,

28  if there were previous changes, cumulatively with those

29  changes, is equal to or exceeds 40 percent of any numerical

30  criterion in subparagraphs (b)1.-15., but which does not

31  exceed such criterion, shall be presumed not to create a


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  1  substantial deviation subject to further

  2  development-of-regional-impact review.  The presumption may be

  3  rebutted by clear and convincing evidence at the public

  4  hearing held by the local government pursuant to subparagraph

  5  (f)5.

  6         2.  Except for a development order rendered pursuant to

  7  subsection (22) or subsection (25), a proposed change to a

  8  development order that individually or cumulatively with any

  9  previous change is less than 40 percent of any numerical

10  criterion contained in subparagraphs (b)1.-15. and does not

11  exceed any other criterion, or that involves an extension of

12  the buildout date of a development, or any phase thereof, of

13  less than 6 5 years is not a substantial deviation, is not

14  subject to the public hearing requirements of subparagraph

15  (f)3., and is not subject to a determination pursuant to

16  subparagraph (f)5.  Notice of the proposed change shall be

17  made to the regional planning council and the state land

18  planning agency. Such notice shall include a description of

19  previous individual changes made to the development, including

20  changes previously approved by the local government, and shall

21  include appropriate amendments to the development order.

22         2.  The following changes, individually or cumulatively

23  with any previous changes, are not substantial deviations:

24         a.  Changes in the name of the project, developer,

25  owner, or monitoring official.

26         b.  Changes to a setback that do not affect noise

27  buffers, environmental protection or mitigation areas, or

28  archaeological or historical resources.

29         c.  Changes to minimum lot sizes.

30         d.  Changes in the configuration of internal roads that

31  do not affect external access points.


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  1         e.  Changes to the building design or orientation that

  2  stay approximately within the approved area designated for

  3  such building and parking lot, and which do not affect

  4  historical buildings designated as significant by the Division

  5  of Historical Resources of the Department of State.

  6         f.  Changes to increase the acreage in the development,

  7  provided that no development is proposed on the acreage to be

  8  added.

  9         g.  Changes to eliminate an approved land use, provided

10  that there are no additional regional impacts.

11         h.  Changes required to conform to permits approved by

12  any federal, state, or regional permitting agency, provided

13  that these changes do not create additional regional impacts.

14         i.  Any renovation or redevelopment of development

15  within a previously approved development of regional impact

16  which does not change land use or increase density or

17  intensity of use.

18         (j)i.  Any other change which the state land planning

19  agency agrees in writing is similar in nature, impact, or

20  character to the changes enumerated in sub-subparagraphs a.-i.

21  a.-h. and which does not create the likelihood of any

22  additional regional impact.

23

24  This subsection does not require a development order amendment

25  for any change listed in sub-subparagraphs a.-j. a.-i. unless

26  such issue is addressed either in the existing development

27  order or in the application for development approval, but, in

28  the case of the application, only if, and in the manner in

29  which, the application is incorporated in the development

30  order.

31


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  1         3.  Except for the change authorized by

  2  sub-subparagraph 2.f., any addition of land not previously

  3  reviewed or any change not specified in paragraph (b) or

  4  paragraph (c) shall be presumed to create a substantial

  5  deviation.  This presumption may be rebutted by clear and

  6  convincing evidence.

  7         4.  Any submittal of a proposed change to a previously

  8  approved development shall include a description of individual

  9  changes previously made to the development, including changes

10  previously approved by the local government.  The local

11  government shall consider the previous and current proposed

12  changes in deciding whether such changes cumulatively

13  constitute a substantial deviation requiring further

14  development-of-regional-impact review.

15         5.  The following changes to an approved development of

16  regional impact shall be presumed to create a substantial

17  deviation.  Such presumption may be rebutted by clear and

18  convincing evidence.

19         a.  A change proposed for 15 percent or more of the

20  acreage to a land use not previously approved in the

21  development order.  Changes of less than 15 percent shall be

22  presumed not to create a substantial deviation.

23         b.  Except for the types of uses listed in subparagraph

24  (b)16., any change which would result in the development of

25  any area which was specifically set aside in the application

26  for development approval or in the development order for

27  preservation, buffers, or special protection, including

28  habitat for plant and animal species, archaeological and

29  historical sites, dunes, and other special areas.

30         c.  Notwithstanding any provision of paragraph (b) to

31  the contrary, a proposed change consisting of simultaneous


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  1  increases and decreases of at least two of the uses within an

  2  authorized multiuse development of regional impact which was

  3  originally approved with three or more uses specified in s.

  4  380.0651(3)(c), (d), (f), and (g) and residential use.

  5         (f)1.  The state land planning agency shall establish

  6  by rule standard forms for submittal of proposed changes to a

  7  previously approved development of regional impact which may

  8  require further development-of-regional-impact review.  At a

  9  minimum, the standard form shall require the developer to

10  provide the precise language that the developer proposes to

11  delete or add as an amendment to the development order.

12         2.  The developer shall submit, simultaneously, to the

13  local government, the regional planning agency, and the state

14  land planning agency the request for approval of a proposed

15  change.

16         3.  No sooner than 30 days but no later than 45 days

17  after submittal by the developer to the local government, the

18  state land planning agency, and the appropriate regional

19  planning agency, the local government shall give 15 days'

20  notice and schedule a public hearing to consider the change

21  that the developer asserts does not create a substantial

22  deviation. This public hearing shall be held within 90 days

23  after submittal of the proposed changes, unless that time is

24  extended by the developer.

25         4.  The appropriate regional planning agency or the

26  state land planning agency shall review the proposed change

27  and, no later than 45 days after submittal by the developer of

28  the proposed change, unless that time is extended by the

29  developer, and prior to the public hearing at which the

30  proposed change is to be considered, shall advise the local

31  government in writing whether it objects to the proposed


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  1  change, shall specify the reasons for its objection, if any,

  2  and shall provide a copy to the developer.  A change which is

  3  subject to the substantial deviation criteria specified in

  4  sub-subparagraph (e)5.c. shall not be subject to this

  5  requirement.

  6         5.  At the public hearing, the local government shall

  7  determine whether the proposed change requires further

  8  development-of-regional-impact review.  The provisions of

  9  paragraphs (a) and (e), the thresholds set forth in paragraph

10  (b), and the presumptions set forth in paragraphs (c) and (d)

11  and subparagraph (e)3. subparagraphs (e)1. and 3. shall be

12  applicable in determining whether further

13  development-of-regional-impact review is required.

14         6.  If the local government determines that the

15  proposed change does not require further

16  development-of-regional-impact review and is otherwise

17  approved, or if the proposed change is not subject to a

18  hearing and determination pursuant to subparagraphs 3. and 5.

19  and is otherwise approved, the local government shall issue an

20  amendment to the development order incorporating the approved

21  change and conditions of approval relating to the change. The

22  decision of the local government to approve, with or without

23  conditions, or to deny the proposed change that the developer

24  asserts does not require further review shall be subject to

25  the appeal provisions of s. 380.07. However, the state land

26  planning agency may not appeal the local government decision

27  if it did not comply with subparagraph 4.  The state land

28  planning agency may not appeal a change to a development order

29  made pursuant to subparagraph (e)1. or subparagraph (e)2. for

30  developments of regional impact approved after January 1,

31  1980, unless the change would result in a significant impact


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  1  to a regionally significant archaeological, historical, or

  2  natural resource not previously identified in the original

  3  development-of-regional-impact review.

  4         (24)  STATUTORY EXEMPTIONS.--

  5         (i)  Any proposed facility for the storage of any

  6  petroleum product or any expansion of an existing facility is

  7  exempt from the provisions of this section, if the facility is

  8  consistent with a local comprehensive plan that is in

  9  compliance with s. 163.3177 or is consistent with a

10  comprehensive port master plan that is in compliance with s.

11  163.3178.

12         (j)  Any renovation or redevelopment within the same

13  land parcel which does not change land use or increase density

14  or intensity of use.

15         Section 32.  Paragraphs (d) and (f) of subsection (3)

16  of section 380.0651, Florida Statutes, are amended to read:

17         380.0651  Statewide guidelines and standards.--

18         (3)  The following statewide guidelines and standards

19  shall be applied in the manner described in s. 380.06(2) to

20  determine whether the following developments shall be required

21  to undergo development-of-regional-impact review:

22         (d)  Office development.--Any proposed office building

23  or park operated under common ownership, development plan, or

24  management that:

25         1.  Encompasses 300,000 or more square feet of gross

26  floor area; or

27         2.  Has a total site size of 30 or more acres; or

28         3.  Encompasses more than 600,000 square feet of gross

29  floor area in a county with a population greater than 500,000

30  and only in a geographic area specifically designated as

31  highly suitable for increased threshold intensity in the


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  1  approved local comprehensive plan and in the strategic

  2  regional policy plan.

  3         (f)  Retail and service development.--Any proposed

  4  retail, service, or wholesale business establishment or group

  5  of establishments which deals primarily with the general

  6  public onsite, operated under one common property ownership,

  7  development plan, or management that:

  8         1.  Encompasses more than 400,000 square feet of gross

  9  area; or

10         2.  Occupies more than 40 acres of land; or

11         3.  Provides parking spaces for more than 2,500 cars.

12         Section 33.  (1)  Nothing contained in this act

13  abridges or modifies any vested or other right or any duty or

14  obligation pursuant to any development order or agreement that

15  is applicable to a development of regional impact on the

16  effective date of this act.  A development that has received a

17  development-of-regional-impact development order pursuant to

18  section 380.06, Florida Statutes, but is no longer required to

19  undergo development-of-regional-impact review by operation of

20  this act, shall be governed by the following procedures:

21         (a)  The development shall continue to be governed by

22  the development-of-regional-impact development order and may

23  be completed in reliance upon and pursuant to the development

24  order.  The development-of-regional-impact development order

25  may be enforced by the local government as provided by

26  sections 380.06(17) and 380.11, Florida Statutes.

27         (b)  If requested by the developer or landowner, the

28  development-of-regional-impact development order may be

29  abandoned pursuant to the process in section 380.06(26),

30  Florida Statutes.

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    CS for SB's 1906 & 550                         First Engrossed



  1         (2)  A development with an application for development

  2  approval pending, and determined sufficient pursuant to

  3  section 380.06(10), Florida Statutes, on the effective date of

  4  this act, or a notification of proposed change pending on the

  5  effective date of this act, may elect to continue such review

  6  pursuant to section 380.06, Florida Statutes.  At the

  7  conclusion of the pending review, including any appeals

  8  pursuant to section 380.07, Florida Statutes, the resulting

  9  development order shall be governed by the provisions of

10  subsection (1).

11         Section 34.  Subsection (6) is added to section

12  163.3194, Florida Statutes, to read:

13         163.3194  Legal status of comprehensive plan.--

14         (1)(a)  After a comprehensive plan, or element or

15  portion thereof, has been adopted in conformity with this act,

16  all development undertaken by, and all actions taken in regard

17  to development orders by, governmental agencies in regard to

18  land covered by such plan or element shall be consistent with

19  such plan or element as adopted.

20         (b)  All land development regulations enacted or

21  amended shall be consistent with the adopted comprehensive

22  plan, or element or portion thereof, and any land development

23  regulations existing at the time of adoption which are not

24  consistent with the adopted comprehensive plan, or element or

25  portion thereof, shall be amended so as to be consistent.  If

26  a local government allows an existing land development

27  regulation which is inconsistent with the most recently

28  adopted comprehensive plan, or element or portion thereof, to

29  remain in effect, the local government shall adopt a schedule

30  for bringing the land development regulation into conformity

31  with the provisions of the most recently adopted comprehensive


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  1  plan, or element or portion thereof.  During the interim

  2  period when the provisions of the most recently adopted

  3  comprehensive plan, or element or portion thereof, and the

  4  land development regulations are inconsistent, the provisions

  5  of the most recently adopted comprehensive plan, or element or

  6  portion thereof, shall govern any action taken in regard to an

  7  application for a development order.

  8         (2)  After a comprehensive plan for the area, or

  9  element or portion thereof, is adopted by the governing body,

10  no land development regulation, land development code, or

11  amendment thereto shall be adopted by the governing body until

12  such regulation, code, or amendment has been referred either

13  to the local planning agency or to a separate land development

14  regulation commission created pursuant to local ordinance, or

15  to both, for review and recommendation as to the relationship

16  of such proposal to the adopted comprehensive plan, or element

17  or portion thereof. Said recommendation shall be made within a

18  reasonable time, but no later than within 2 months after the

19  time of reference.  If a recommendation is not made within the

20  time provided, then the governing body may act on the

21  adoption.

22         (3)(a)  A development order or land development

23  regulation shall be consistent with the comprehensive plan if

24  the land uses, densities or intensities, and other aspects of

25  development permitted by such order or regulation are

26  compatible with and further the objectives, policies, land

27  uses, and densities or intensities in the comprehensive plan

28  and if it meets all other criteria enumerated by the local

29  government.

30         (b)  A development approved or undertaken by a local

31  government shall be consistent with the comprehensive plan if


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  1  the land uses, densities or intensities, capacity or size,

  2  timing, and other aspects of the development are compatible

  3  with and further the objectives, policies, land uses, and

  4  densities or intensities in the comprehensive plan and if it

  5  meets all other criteria enumerated by the local government.

  6         (4)(a)  A court, in reviewing local governmental action

  7  or development regulations under this act, may consider, among

  8  other things, the reasonableness of the comprehensive plan, or

  9  element or elements thereof, relating to the issue justiciably

10  raised or the appropriateness and completeness of the

11  comprehensive plan, or element or elements thereof, in

12  relation to the governmental action or development regulation

13  under consideration.  The court may consider the relationship

14  of the comprehensive plan, or element or elements thereof, to

15  the governmental action taken or the development regulation

16  involved in litigation, but private property shall not be

17  taken without due process of law and the payment of just

18  compensation.

19         (b)  It is the intent of this act that the

20  comprehensive plan set general guidelines and principles

21  concerning its purposes and contents and that this act shall

22  be construed broadly to accomplish its stated purposes and

23  objectives.

24         (5)  The tax-exempt status of lands classified as

25  agricultural under s. 193.461 shall not be affected by any

26  comprehensive plan adopted under this act as long as the land

27  meets the criteria set forth in s. 193.461.

28         (6)  If a proposed solid waste management facility is

29  permitted by the Department of Environmental Protection to

30  receive materials from the construction or demolition of a

31  road or other transportation facility, a local government may


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  1  not deny an application for a development approval for a

  2  requested land use that would accommodate such a facility,

  3  provided the local government previously approved a land use

  4  classification change to a local comprehensive plan or

  5  approved a rezoning to a category allowing such land use on

  6  the parcel, and the requested land use was disclosed during

  7  the previous comprehensive plan or rezoning hearing as being

  8  an express purpose of the land use changes.

  9         Section 35.  It is the intent of the Legislature that

10  section 5 or section 24 of this act shall not affect the

11  outcome of any litigation pending on the effective date of

12  this act, including any future appeals. It is the further

13  intent of the Legislature that section 5 or section 24 of this

14  act do not serve as legal authority support of any party to

15  such litigation or any appeal thereof.

16         Section 36.  It is the intent of the Legislature that

17  section 10 of this act shall not affect the outcome of

18  Pinecrest Lakes, Inc. v. Schidel, 795 So.2d 191 (Fla. 4th DCA

19  2001), rehearing denied, 802 So.2d 486.

20         Section 37.  The Legislature finds that the integration

21  of the growth management system and the planning of public

22  educational facilities is a matter of great public importance.

23         Section 38.  This act shall take effect upon becoming a

24  law.

25

26

27

28

29

30

31


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