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
2
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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.
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20 Be It Enacted by the Legislature of the State of Florida:
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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.
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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.
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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).
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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.
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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
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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1 possible, and to encourage using elementary schools as focal
2 points for neighborhoods.
3 (2) Each new site selected must be adequate in size to
4 meet the educational needs of the students to be served on
5 that site by the original educational facility or future
6 expansions of the facility through renovation or the addition
7 of relocatables. The Commissioner of Education shall prescribe
8 by rule recommended sizes for new sites according to
9 categories of students to be housed and other appropriate
10 factors determined by the commissioner. Less-than-recommended
11 site sizes are allowed if the board, by a two-thirds majority,
12 recommends such a site and finds that it can provide an
13 appropriate and equitable educational program on the site.
14 (3) Sites recommended for purchase, or purchased, in
15 accordance with chapter 230 or chapter 240 must meet standards
16 prescribed therein and such supplementary standards as the
17 commissioner prescribes to promote the educational interests
18 of the students. Each site must be well drained and suitable
19 for outdoor educational purposes as appropriate for the
20 educational program or collocated with facilities to serve
21 this purpose. As provided in s. 333.03, the site must not be
22 located within any path of flight approach of any airport.
23 Insofar as is practicable, the site must not adjoin a
24 right-of-way of any railroad or through highway and must not
25 be adjacent to any factory or other property from which noise,
26 odors, or other disturbances, or at which conditions, would be
27 likely to interfere with the educational program. To the
28 extent practicable, sites must be chosen which will provide
29 safe access from neighborhoods to schools.
30 (4) It shall be the responsibility of the board to
31 provide adequate notice to appropriate municipal, county,
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1 regional, and state governmental agencies for requested
2 traffic control and safety devices so they can be installed
3 and operating prior to the first day of classes or to satisfy
4 itself that every reasonable effort has been made in
5 sufficient time to secure the installation and operation of
6 such necessary devices prior to the first day of classes. It
7 shall also be the responsibility of the board to review
8 annually traffic control and safety device needs and to
9 request all necessary changes indicated by such review.
10 (5) Each board may request county and municipal
11 governments to construct and maintain sidewalks and bicycle
12 trails within a 2-mile radius of each educational facility
13 within the jurisdiction of the local government. When a board
14 discovers or is aware of an existing hazard on or near a
15 public sidewalk, street, or highway within a 2-mile radius of
16 a school site and the hazard endangers the life or threatens
17 the health or safety of students who walk, ride bicycles, or
18 are transported regularly between their homes and the school
19 in which they are enrolled, the board shall, within 24 hours
20 after discovering or becoming aware of the hazard, excluding
21 Saturdays, Sundays, and legal holidays, report such hazard to
22 the governmental entity within the jurisdiction of which the
23 hazard is located. Within 5 days after receiving notification
24 by the board, excluding Saturdays, Sundays, and legal
25 holidays, the governmental entity shall investigate the
26 hazardous condition and either correct it or provide such
27 precautions as are practicable to safeguard students until the
28 hazard can be permanently corrected. However, if the
29 governmental entity that has jurisdiction determines upon
30 investigation that it is impracticable to correct the hazard,
31 or if the entity determines that the reported condition does
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1 not endanger the life or threaten the health or safety of
2 students, the entity shall, within 5 days after notification
3 by the board, excluding Saturdays, Sundays, and legal
4 holidays, inform the board in writing of its reasons for not
5 correcting the condition. The governmental entity, to the
6 extent allowed by law, shall indemnify the board from any
7 liability with respect to accidents or injuries, if any,
8 arising out of the hazardous condition.
9 (6) If the school board and local government have
10 entered into an interlocal agreement pursuant to s. 235.193(2)
11 and either s. 163.3177(6)(h)4. or s. 163.31777 or have
12 developed a process to ensure consistency between the local
13 government comprehensive plan and the school district
14 educational facilities plan, site planning and selection must
15 be consistent with the interlocal agreements and the plans.
16 Section 24. Section 235.193, Florida Statutes, is
17 amended to read:
18 235.193 Coordination of planning with local governing
19 bodies.--
20 (1) It is the policy of this state to require the
21 coordination of planning between boards and local governing
22 bodies to ensure that plans for the construction and opening
23 of public educational facilities are facilitated and
24 coordinated in time and place with plans for residential
25 development, concurrently with other necessary services. Such
26 planning shall include the integration of the educational
27 facilities plan plant survey and applicable policies and
28 procedures of a board with the local comprehensive plan and
29 land development regulations of local governments governing
30 bodies. The planning must include the consideration of
31 allowing students to attend the school located nearest their
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1 homes when a new housing development is constructed near a
2 county boundary and it is more feasible to transport the
3 students a short distance to an existing facility in an
4 adjacent county than to construct a new facility or transport
5 students longer distances in their county of residence. The
6 planning must also consider the effects of the location of
7 public education facilities, including the feasibility of
8 keeping central city facilities viable, in order to encourage
9 central city redevelopment and the efficient use of
10 infrastructure and to discourage uncontrolled urban sprawl. In
11 addition, all parties to the planning process must consult
12 with state and local road departments to assist in
13 implementing the Safe Paths to Schools program administered by
14 the Department of Transportation.
15 (2)(a) The school board, county, and nonexempt
16 municipalities located within the geographic area of a school
17 district shall enter into an interlocal agreement that jointly
18 establishes the specific ways in which the plans and processes
19 of the district school board and the local governments are to
20 be coordinated. The interlocal agreements shall be submitted
21 to the state land planning agency and the Office of
22 Educational Facilities and the SMART Schools Clearinghouse in
23 accordance with a schedule published by the state land
24 planning agency.
25 (b) The schedule must establish staggered due dates
26 for submission of interlocal agreements that are executed by
27 both the local government and district school board,
28 commencing on March 1, 2003, and concluding by December 1,
29 2004, and must set the same date for all governmental entities
30 within a school district. However, if the county where the
31 school district is located contains more than 20
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1 municipalities, the state land planning agency may establish
2 staggered due dates for the submission of interlocal
3 agreements by these municipalities. The schedule must begin
4 with those areas where both the number of districtwide
5 capital-outlay full-time-equivalent students equals 80 percent
6 or more of the current year's school capacity and the
7 projected 5-year student growth rate is 1,000 or greater, or
8 where the projected 5-year student growth rate is 10 percent
9 or greater.
10 (c) If the student population has declined over the
11 5-year period preceding the due date for submittal of an
12 interlocal agreement by the local government and the district
13 school board, the local government and district school board
14 may petition the state land planning agency for a waiver of
15 one or more of the requirements of subsection (3). The waiver
16 must be granted if the procedures called for in subsection (3)
17 are unnecessary because of the school district's declining
18 school age population, considering the district's 5-year work
19 program prepared pursuant to s. 235.185. The state land
20 planning agency may modify or revoke the waiver upon a finding
21 that the conditions upon which the waiver was granted no
22 longer exist. The district school board and local governments
23 must submit an interlocal agreement within 1 year after
24 notification by the state land planning agency that the
25 conditions for a waiver no longer exist.
26 (d) Interlocal agreements between local governments
27 and district school boards adopted pursuant to s. 163.3177
28 before the effective date of subsections (2)-(9) must be
29 updated and executed pursuant to the requirements of
30 subsections (2)-(9), if necessary. Amendments to interlocal
31 agreements adopted pursuant to subsections (2)-(9) must be
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1 submitted to the state land planning agency within 30 days
2 after execution by the parties for review consistent with
3 subsections (3) and (4). Local governments and the district
4 school board in each school district are encouraged to adopt a
5 single interlocal agreement in which all join as parties. The
6 state land planning agency shall assemble and make available
7 model interlocal agreements meeting the requirements of
8 subsections (2)-(9) and shall notify local governments and,
9 jointly with the Department of Education, the district school
10 boards of the requirements of subsections (2)-(9), the dates
11 for compliance, and the sanctions for noncompliance. The state
12 land planning agency shall be available to informally review
13 proposed interlocal agreements. If the state land planning
14 agency has not received a proposed interlocal agreement for
15 informal review, the state land planning agency shall, at
16 least 60 days before the deadline for submission of the
17 executed agreement, renotify the local government and the
18 district school board of the upcoming deadline and the
19 potential for sanctions.
20 (3) At a minimum, the interlocal agreement must
21 address the following issues:
22 (a) A process by which each local government and the
23 district school board agree and base their plans on consistent
24 projections of the amount, type, and distribution of
25 population growth and student enrollment. The geographic
26 distribution of jurisdiction-wide growth forecasts is a major
27 objective of the process.
28 (b) A process to coordinate and share information
29 relating to existing and planned public school facilities,
30 including school renovations and closures, and local
31 government plans for development and redevelopment.
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1 (c) Participation by affected local governments with
2 the district school board in the process of evaluating
3 potential school closures, significant renovations to existing
4 schools, and new school site selection before land
5 acquisition. Local governments shall advise the district
6 school board as to the consistency of the proposed closure,
7 renovation, or new site with the local comprehensive plan,
8 including appropriate circumstances and criteria under which a
9 district school board may request an amendment to the
10 comprehensive plan for school siting.
11 (d) A process for determining the need for and timing
12 of on-site and off-site improvements to support new
13 construction, proposed expansion, or redevelopment of existing
14 schools. The process shall address identification of the party
15 or parties responsible for the improvements.
16 (e) A process for the school board to inform the local
17 government regarding school capacity. The capacity reporting
18 must be consistent with laws and rules regarding measurement
19 of school facility capacity and must also identify how the
20 district school board will meet the public school demand based
21 on the facilities work program adopted pursuant to s. 235.185.
22 (f) Participation of the local governments in the
23 preparation of the annual update to the school board's 5-year
24 district facilities work program and educational plant survey
25 prepared pursuant to s. 235.185.
26 (g) A process for determining where and how joint use
27 of either school board or local government facilities can be
28 shared for mutual benefit and efficiency.
29 (h) A procedure for the resolution of disputes between
30 the district school board and local governments, which may
31
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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.--
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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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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.
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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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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.
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