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    Florida House of Representatives - 2002                 HB 269

        By Representative Fiorentino






  1                      A bill to be entitled

  2         An act relating to growth management; amending

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

  4         planning agencies include a representative of

  5         the district school board; repealing s.

  6         163.3177(12), F.S., which provides requirements

  7         for a public school facilities element of a

  8         local government comprehensive plan adopted to

  9         implement a school concurrency program;

10         amending s. 163.3177, F.S.; revising

11         requirements for the future land use element

12         and intergovernmental coordination element with

13         respect to planning for schools; creating s.

14         163.31776, F.S.; providing legislative intent

15         and findings; requiring that a local government

16         comprehensive plan include a public educational

17         facilities element; providing that the state

18         land planning agency shall establish a schedule

19         for adoption of such elements; exempting

20         certain municipalities from adopting such

21         elements; requiring local governments and the

22         school board to enter into an interlocal

23         agreement and providing requirements with

24         respect thereto; providing requirements for

25         such elements; providing requirements for

26         future land use maps; specifying the process

27         for adoption of such elements; specifying the

28         effect of a local government's failure to enter

29         into an interlocal agreement or transmit such

30         element according to the adopted schedule and

31         of a school board's failure to provide certain

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  1         information or to enter into an interlocal

  2         agreement; creating s. 163.31777, F.S.;

  3         requiring that local governments consider

  4         public school facilities when considering

  5         certain comprehensive plan amendments and

  6         rezonings; requiring that the school board

  7         provide a school capacity report; requiring

  8         denial of such amendments or rezoning requests

  9         under certain conditions; providing

10         requirements for proportionate share mitigation

11         of public school facility impacts; providing

12         for development agreements with respect

13         thereto; providing for certain credits;

14         amending s. 163.3180, F.S.; providing

15         requirements with respect to the public

16         educational facilities element when school

17         concurrency is imposed by local option;

18         removing school concurrency requirements

19         relating to intergovernmental coordination and

20         exemption for certain municipalities; revising

21         requirements relating to an interlocal

22         agreement for school concurrency; amending s.

23         163.3184, F.S.; including requirements for plan

24         amendments relating to the public educational

25         facilities element in the process for adoption

26         of comprehensive plan amendments; amending s.

27         163.3187, F.S.; providing that plan amendments

28         to adopt such elements and future land use map

29         amendments for school siting are not subject to

30         the statutory limits on the frequency of plan

31         amendments; amending s. 163.3191, F.S.;

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  1         conforming language; creating s. 163.3198,

  2         F.S.; directing the state land planning agency

  3         to develop fiscal analysis models for

  4         determining the costs and revenues of proposed

  5         development; providing requirements with

  6         respect thereto; creating a commission to

  7         oversee such development; providing for field

  8         tests of the models developed; directing the

  9         commission to make recommendations to the

10         Governor and Legislature regarding statewide

11         implementation of a uniform model and other

12         growth management issues; providing an

13         appropriation; amending s. 235.002, F.S.;

14         revising legislative intent and findings with

15         respect to educational facilities; amending s.

16         235.15, F.S.; removing specific need assessment

17         criteria for a school district's educational

18         plant survey and providing that the survey

19         shall be submitted as part of the district's

20         educational facilities plan; revising

21         provisions relating to certain deviation from

22         space need standards; providing for review and

23         validation of surveys by the Office of

24         Educational Facilities and SMART Schools

25         Clearinghouse; revising requirements relating

26         to certifications necessary for expenditure of

27         PECO funds; amending s. 235.175, F.S.;

28         providing legislative purpose with respect to

29         the district educational facilities plans;

30         amending s. 235.18, F.S.; conforming language;

31         amending s. 235.185, F.S.; providing

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  1         definitions; providing requirements for

  2         preparation of an annual tentative educational

  3         facilities plan by each school district;

  4         providing requirements for the district's

  5         facilities 5-year work program; providing for

  6         submittal of the tentative plan to local

  7         governments for review and comment; providing

  8         for annual adoption of the plan; providing for

  9         execution of the plan; removing provisions

10         relating to 10-year and 20-year work programs;

11         amending s. 235.188, F.S.; conforming language;

12         amending s. 235.19, F.S., relating to site

13         planning and selection; providing that said

14         section is superseded by an interlocal

15         agreement between a school board and local

16         government and the school board and local

17         government plans under certain conditions;

18         revising site selection requirements; removing

19         a requirement that the Commissioner of

20         Education prescribe recommended sizes for new

21         educational facility sites; amending s.

22         235.193, F.S.; requiring school districts and

23         local governments to enter into an interlocal

24         agreement and providing requirements with

25         respect thereto; specifying effect of failure

26         to enter into the interlocal agreement;

27         requiring the school board to provide a local

28         government certain information when it is

29         considering certain comprehensive plan

30         amendment or rezoning applications; revising

31         requirements relating to school board

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  1         responsibilities in planning with local

  2         governments; revising requirements relating to

  3         location of educational facilities; revising a

  4         notice requirement regarding proposed use of

  5         property for an educational facility; providing

  6         for inclusion of an alternative process for

  7         proposed facility review in the required

  8         interlocal agreement; conforming language;

  9         repealing s. 235.194, F.S., which requires

10         school boards to submit an annual general

11         educational facilities report to local

12         governments; amending ss. 235.218, 235.321, and

13         236.25, F.S.; conforming language; providing an

14         effective date.

15

16         WHEREAS, it is in the best interests of the people of

17  the State of Florida to ensure sound planning for new

18  population growth in Florida, and

19         WHEREAS, Florida's population is expected to increase

20  by 50 percent from 16 million to 24 million over the next

21  three decades, and the number of school-age children is

22  projected to increase sharply around 2020 as the baby boom

23  echo generation's children reach school age, with commensurate

24  impacts to the state's public infrastructure, including our

25  public educational facilities, and

26         WHEREAS, our growth management system should fully

27  integrate the planning of public educational facilities,

28  should accurately forecast the costs associated with the

29  construction, operation, and maintenance of infrastructure,

30  and should adequately address our existing infrastructure

31  deficits, and

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  1         WHEREAS, as we respond to new growth and continue to

  2  address our existing infrastructure deficits, communities

  3  should make land use decisions with the knowledge of all

  4  relevant expenses and revenues associated with those

  5  decisions, as the future health of our state economy and the

  6  livability of our communities depends on appropriately

  7  addressing our infrastructure needs, NOW, THEREFORE,

  8

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

10

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

12  Statutes, is amended to read:

13         163.3174  Local planning agency.--

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

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

16  shall designate and by ordinance establish a "local planning

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

18  Each local planning agency shall include a representative of

19  the district school board as a member. The governing body may

20  designate itself as the local planning agency pursuant to this

21  subsection, with the addition of a representative of the

22  school board. The governing body shall notify the state land

23  planning agency of the establishment of its local planning

24  agency. All local planning agencies shall provide

25  opportunities for involvement by district school boards and

26  applicable community college boards, which may be accomplished

27  by formal representation, membership on technical advisory

28  committees, or other appropriate means. The local planning

29  agency shall prepare the comprehensive plan or plan amendment

30  after hearings to be held after public notice and shall make

31  recommendations to the governing body regarding the adoption

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  1  or amendment of the plan. The agency may be a local planning

  2  commission, the planning department of the local government,

  3  or other instrumentality, including a countywide planning

  4  entity established by special act or a council of local

  5  government officials created pursuant to s. 163.02, provided

  6  the composition of the council is fairly representative of all

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

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

  9  effective date of this act which authorizes the governing

10  bodies to adopt and enforce a land use plan effective

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

12  agency for those local governments until such time as the

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

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

15  responsibility between the county and the several

16  municipalities therein shall be as stipulated in the charter.

17         Section 2.  Subsection (12) of section 163.3177,

18  Florida Statutes, is repealed, and paragraphs (a) and (h) of

19  subsection (6) of said section are amended to read:

20         163.3177  Required and optional elements of

21  comprehensive plan; studies and surveys.--

22         (6)  In addition to the requirements of subsections

23  (1)-(5), the comprehensive plan shall include the following

24  elements:

25         (a)  A future land use plan element designating

26  proposed future general distribution, location, and extent of

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

28  industry, agriculture, recreation, conservation, education,

29  public buildings and grounds, other public facilities, and

30  other categories of the public and private uses of land.  The

31  future land use plan shall include standards to be followed in

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  1  the control and distribution of population densities and

  2  building and structure intensities.  The proposed

  3  distribution, location, and extent of the various categories

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

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

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

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

  8  density or intensity of use.  The future land use plan shall

  9  be based upon surveys, studies, and data regarding the area,

10  including the amount of land required to accommodate

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

12  character of undeveloped land; the availability of public

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

14  blighted areas and the elimination of nonconforming uses which

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

16  rural communities, the need for job creation, capital

17  investment, and economic development that will strengthen and

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

19  may designate areas for future planned development use

20  involving combinations of types of uses for which special

21  regulations may be necessary to ensure development in accord

22  with the principles and standards of the comprehensive plan

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

24  of land designated for future planned industrial use shall be

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

26  creation, capital investment, and the necessity to strengthen

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

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

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

30  possible future municipal incorporation. The land use maps or

31  map series shall generally identify and depict historic

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  1  district boundaries and shall designate historically

  2  significant properties meriting protection.  The future land

  3  use element must clearly identify the land use categories in

  4  which public schools are an allowable use.  When delineating

  5  the land use categories in which public schools are an

  6  allowable use, a local government shall include in the

  7  categories sufficient land proximate to residential

  8  development to meet the projected needs for schools in

  9  coordination with public school boards and may establish

10  differing criteria for schools of different type or size.

11  Each local government shall include lands contiguous to

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

13  the land use categories in which public schools are an

14  allowable use. All comprehensive plans must comply with the

15  school siting requirements of this paragraph no later than

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

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

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

19  amend the local comprehensive plan, except for plan amendments

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

21  requirements are met. Amendments An amendment proposed by a

22  local government for purposes of identifying the land use

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

24  adopting or amending the school siting maps pursuant to s.

25  163.31776(6) are is exempt from the limitation on the

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

27  future land use element shall include criteria which encourage

28  the location of schools proximate to urban residential areas

29  to the extent possible and shall require that the local

30  government seek to collocate public facilities, such as parks,

31  libraries, and community centers, with schools to the extent

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  1  possible, and shall include criteria which encourage using

  2  elementary schools as focal points for neighborhoods. For

  3  schools serving predominantly rural counties, defined as a

  4  county with a population of 100,000 or fewer, an agricultural

  5  land use category shall be eligible for the location of public

  6  school facilities if the local comprehensive plan contains

  7  school siting criteria and the location is consistent with

  8  such criteria.

  9         (h)1.  An intergovernmental coordination element

10  showing relationships and stating principles and guidelines to

11  be used in the accomplishment of coordination of the adopted

12  comprehensive plan with the plans of school boards and other

13  units of local government providing services but not having

14  regulatory authority over the use of land, with the

15  comprehensive plans of adjacent municipalities, the county,

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

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

18  adopted plans or plans in preparation may exist.  This element

19  of the local comprehensive plan shall demonstrate

20  consideration of the particular effects of the local plan,

21  when adopted, upon the development of adjacent municipalities,

22  the county, adjacent counties, or the region, or upon the

23  state comprehensive plan, as the case may require.

24         a.  The intergovernmental coordination element shall

25  provide for procedures to identify and implement joint

26  planning areas, especially for the purpose of annexation,

27  municipal incorporation, and joint infrastructure service

28  areas.

29         b.  The intergovernmental coordination element shall

30  provide for recognition of campus master plans prepared

31  pursuant to s. 240.155.

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  1         c.  The intergovernmental coordination element may

  2  provide for a voluntary dispute resolution process as

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

  4  a timely manner intergovernmental disputes.  A local

  5  government may develop and use an alternative local dispute

  6  resolution process for this purpose.

  7         2.  The intergovernmental coordination element shall

  8  further state principles and guidelines to be used in the

  9  accomplishment of coordination of the adopted comprehensive

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

11  government providing facilities and services but not having

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

13  intergovernmental coordination element shall describe joint

14  processes for collaborative planning and decisionmaking on

15  population projections and public school siting, the location

16  and extension of public facilities subject to concurrency, and

17  siting facilities with countywide significance, including

18  locally unwanted land uses whose nature and identity are

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

20  intergovernmental coordination elements, each county, all the

21  municipalities within that county, the district school board,

22  and any unit of local government service providers in that

23  county shall establish by interlocal or other formal agreement

24  executed by all affected entities, the joint processes

25  described in this subparagraph consistent with their adopted

26  intergovernmental coordination elements.

27         3.  To foster coordination between special districts

28  and local general-purpose governments as local general-purpose

29  governments implement local comprehensive plans, each

30  independent special district must submit a public facilities

31

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

  2  189.415.

  3         4.  The state land planning agency shall establish a

  4  schedule for phased completion and transmittal of plan

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

  6  jurisdictions so as to accomplish their adoption by December

  7  31, 1999.  A local government may complete and transmit its

  8  plan amendments to carry out these provisions prior to the

  9  scheduled date established by the state land planning agency.

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

11  163.3187(1).

12         5.  Intergovernmental coordination between local

13  governments and the district school board shall be governed by

14  ss. 163.31776 and 163.31777.

15         Section 3.  Section 163.31776, Florida Statutes, is

16  created to read:

17         163.31776  Public educational facilities element.--

18         (1)  The intent of the Legislature is:

19         (a)  To establish a systematic process of sharing

20  information between school boards and local governments on the

21  growth and development trends in their communities in order to

22  forecast future enrollment and school needs.

23         (b)  To establish a systematic process for school

24  boards and local governments to cooperatively plan for the

25  provision of educational facilities to meet the current and

26  projected needs of the public education system population,

27  including the needs placed on the public education system as a

28  result of growth and development decisions by local

29  government.

30         (c)  To establish a systematic process for local

31  governments and school boards to cooperatively identify and

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  1  meet the infrastructure needs of public schools to assure

  2  healthy school environments and safe school access.

  3         (2)  The Legislature finds that:

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

  5  our communities and play a significant role in thousands of

  6  individual housing decisions which result in community growth

  7  trends.

  8         (b)  Growth and development issues transcend the

  9  boundaries and responsibilities of individual units of

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

11  implement policies to deal with these issues without affecting

12  other units of government.

13         (3)  A public educational facilities element shall be

14  adopted in cooperation with the applicable school district by

15  all local governments pursuant to a schedule established by

16  the state land planning agency so as to accomplish its

17  adoption by January 1, 2008.  The initial counties and

18  municipalities in the schedule shall be those with the

19  greatest unmet demand for public school facilities, and they

20  shall transmit their public educational facilities element no

21  later than January 1, 2004.  Criteria for determining the

22  greatest unmet demand for public school facilities shall be

23  established by rule by the state land planning agency.  Each

24  municipality shall either adopt its own element or accept by

25  resolution or ordinance a public educational facilities

26  element adopted by the county which includes the

27  municipality's area of authority as defined by s. 163.3171;

28  however, a municipality shall be exempt from this requirement

29  if it meets all of the following criteria:

30         (a)  The municipality has issued development orders for

31  fewer than 50 residential dwelling units during the preceding

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  1  5 years or it has generated fewer than 25 additional public

  2  school students during the preceding 5 years.

  3         (b)  The municipality has not annexed new land during

  4  the preceding 5 years in land use categories which permit

  5  residential uses that may affect school attendance rates.

  6         (c)  The municipality has no public schools located

  7  within its boundaries.

  8         (d)  At least 80 percent of the developable land within

  9  the boundaries of the municipality has been built upon.

10         (e)  The municipality has not adopted a land use

11  amendment which increases residential density for greater than

12  50 residential units.

13

14  Any municipality exempt under this subsection shall notify the

15  county and the school board of any planned annexation into

16  residential or proposed residential areas, and shall comply

17  with this subsection no later than 1 year following a change

18  in conditions which renders the municipality no longer

19  eligible for exemption, or no later than 1 year following the

20  identification of a proposed public school in the school

21  board's 5-year district facilities work program in the

22  municipality's jurisdiction.

23         (4)  No later than 6 months prior to the deadline for

24  transmittal of a public educational facilities element, the

25  county, the participating municipalities, and the school board

26  shall enter into an interlocal agreement which establishes a

27  process to develop coordinated and consistent local government

28  public educational facilities elements and district

29  educational facilities plans, including a process:

30         (a)  By which each local government and the school

31  district agree and base their plans on consistent projections

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  1  of the amount, type, and distribution of population growth and

  2  student enrollment.

  3         (b)  To coordinate and share information relating to

  4  existing and planned public school facilities and local

  5  government plans for development and redevelopment.

  6         (c)  To ensure that school siting decisions by the

  7  school board are consistent with the local comprehensive plan,

  8  including appropriate circumstances and criteria under which a

  9  school district may request an amendment to the comprehensive

10  plan for school siting, and to provide for early involvement

11  by the local government as the school board identifies

12  potential school sites.

13         (d)  To coordinate and provide formal comments during

14  the development, adoption, and amendment of each local

15  government's public educational facilities element and the

16  educational facilities plan of the school district to ensure a

17  uniform countywide school facility planning system.

18         (e)  For school district participation in the review of

19  residential development applications for comprehensive plan

20  amendments and rezonings which increase residential density

21  and which are reasonably expected to have an impact on public

22  school facility demand, pursuant to s. 163.31777. The

23  interlocal agreement shall express how the school board and

24  local governments will develop the methodology and the

25  criteria for determining if school facility capacity will not

26  be reasonably available at the time of projected school

27  impacts, including uniform, districtwide level-of-service

28  standards for all public schools of the same type and

29  availability standards for public schools.  The interlocal

30  agreement shall ensure that consistent criteria and capacity

31  determination methodologies are adopted into the school

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  1  board's district educational facilities plan and the local

  2  government's public educational facilities element.  The

  3  interlocal agreement shall also set forth the process and

  4  uniform methodology for determining proportionate share

  5  mitigation pursuant to s. 163.31777.

  6         (f)  For the resolution of disputes between the school

  7  district and local governments.

  8         (5)  The public educational facilities element shall be

  9  based on data and analysis, including the interlocal agreement

10  required by subsection (4), and the educational facilities

11  plan required by s. 235.185.  All local government public

12  educational facilities elements within a county shall be

13  consistent with each other and shall address the following:

14         (a)  The need for and strategies and commitments to

15  address improvements to infrastructure, safety, and community

16  conditions in areas proximate to existing public schools.

17         (b)  The need for and strategies for the provision of

18  adequate infrastructure necessary to support proposed schools,

19  including potable water, wastewater, drainage, and

20  transportation, and the need for other actions to ensure safe

21  access to schools, including provision of sidewalks, bicycle

22  paths, turn lanes, and signalization.

23         (c)  Collocation of other public facilities such as

24  parks, libraries, and community centers with public schools.

25         (d)  Location of schools proximate to residential areas

26  and use of public schools to complement patterns of

27  development, including using elementary schools as focal

28  points for neighborhoods.

29         (e)  Use of public schools as emergency shelters.

30         (f)  Consideration of the existing and planned capacity

31  of public schools when reviewing comprehensive plan amendments

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  1  and rezonings which would increase potential residential

  2  development, with the review based on uniform districtwide

  3  level-of-service standards for all public schools of the same

  4  type and availability standards for public schools, and the

  5  financially feasible 5-year district facilities work program

  6  adopted by the school board pursuant to s. 235.185.

  7         (g)  A uniform methodology for determining

  8  proportionate share mitigation consistent with the

  9  requirements of s. 163.31777(4) and the interlocal agreement.

10         (6)  The future land use map series shall either

11  incorporate maps which are the result of a collaborative

12  process for identifying school sites and are adopted in the

13  educational facilities plan promulgated by the school board

14  pursuant to s. 235.185 showing the locations of existing

15  public schools and the general locations of improvements to

16  existing schools or construction of new schools anticipated

17  over the 5-year, 10-year, and 20-year time periods, or such

18  maps shall be data and analysis in support of the future land

19  use map series.  Maps indicating general locations of future

20  schools or school improvements shall not be deemed to

21  prescribe a land use on a particular parcel of land.

22         (7)  The process for adoption of a public educational

23  facilities element shall be as provided in s. 163.3184.  The

24  state land planning agency shall submit a copy of the proposed

25  public school facilities element pursuant to the procedures

26  outlined in s. 163.3184(4) to the Office of Educational

27  Facilities and SMART Schools Clearinghouse of the Office of

28  the Commissioner of Education for review and comment.

29         (8)  If a local government fails to comply with the

30  requirement to transmit a public educational facilities

31  element or to enter into an interlocal agreement with the

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  1  school board pursuant to the schedule established by the state

  2  land planning agency, the local government is prohibited from

  3  amending the local comprehensive plan until the public

  4  educational facilities element is adopted.  If a local

  5  government fails to comply with the requirements of this

  6  section to enter into the interlocal agreement or to transmit

  7  a public educational facilities element by the required date,

  8  or if the Administration Commission finds that the public

  9  educational facilities element is not in compliance, the local

10  government shall be subject to sanctions imposed by the

11  Administration Commission pursuant to s. 163.3184(11).  The

12  failure of a local government or school board to enter into

13  the interlocal agreement shall not subject another local

14  government or school board to sanctions.  The failure of a

15  school board to provide the required plans or information or

16  to enter into the interlocal agreement under this section

17  shall subject the school board to sanctions pursuant to s.

18  235.193(3).  Any local government transmitting a public school

19  facilities element to implement school concurrency pursuant to

20  the requirements of s. 163.3180 prior to the effective date of

21  this act shall not be required to amend the element or any

22  interlocal agreement to conform with the provisions of this

23  section, if such amendment is ultimately determined to be in

24  compliance by the state land planning agency.

25         Section 4.  Section 163.31777, Florida Statutes, is

26  created to read:

27         163.31777  Plan amendments and rezonings; consideration

28  of public school capacity.--

29         (1)  Local governments shall consider public school

30  facilities when reviewing comprehensive plan amendments and

31  rezonings that propose to increase residential densities and

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  1  which are reasonably expected to have an impact on public

  2  school facility demand.

  3         (2)  As part of the review of such a comprehensive plan

  4  amendment or rezoning, the school board shall provide the

  5  local government with a school capacity report based on the

  6  district educational facilities plan adopted by the school

  7  board pursuant to s. 235.185, which shall provide data and

  8  analysis on the capacity and enrollment of affected schools

  9  based on standards established by state or federal law or

10  judicial order, projected additional enrollment attributable

11  to the density increase from the amendment or rezoning,

12  programmed and financially feasible new public school

13  facilities or improvements for affected schools identified in

14  the educational facilities plan of the school board and the

15  expected date of availability of such facilities or

16  improvements, and available reasonable options for providing

17  public school facilities to students if the rezoning or

18  comprehensive plan amendment is approved.  The options shall

19  include, but not be limited to, the school board's evaluation

20  of school schedule modification, school attendance zones

21  modification, school facility modification, and creation of

22  charter schools.  The report shall be consistent with the

23  interlocal agreement, the public educational facilities

24  element, and this section.

25         (3)  Following the effective dates of both the

26  interlocal agreement and the public educational facilities

27  element required by s. 163.31776, the local government shall

28  deny a comprehensive plan amendment or rezoning request which

29  would increase potential residential development if the school

30  facility capacity will not be reasonably available at the time

31  of projected school impacts as determined by the process and

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  1  methodology established in the public educational facilities

  2  element; however, the application for a comprehensive plan

  3  amendment or a rezoning shall not be disapproved based on lack

  4  of school capacity if the applicant executes a legally binding

  5  commitment to provide mitigation proportionate to the demand

  6  for public school facilities to be created by actual

  7  development of the property, including, but not limited to,

  8  the options described in subsection (4).  The school board's

  9  determination of facility capacity shall constitute competent

10  substantial evidence to support the denial of such plan

11  amendment or rezoning request.

12         (4)(a)  Options for proportionate share mitigation of

13  public school facility impacts from actual development of

14  property subject to a plan amendment or rezoning that

15  increases residential density shall be established in the

16  educational facilities plan and the public educational

17  facilities element.  Such options shall include execution by

18  the applicant and the local government of a binding

19  development agreement pursuant to ss. 163.3220-163.3243 which

20  shall constitute a legally binding commitment to pay

21  proportionate share mitigation for the additional residential

22  units when approved by the local government in a development

23  order and actually developed on the property, taking into

24  account residential density allowed on the property prior to

25  the plan amendment or rezoning which increased overall

26  residential density.  The district school board may be a party

27  to such an agreement.  As a condition of its entry into such a

28  development agreement, the local government may require the

29  landowner to agree to continuing renewal of the agreement upon

30  its expiration.

31

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  1         (b)  If the educational facilities plan and the public

  2  educational facilities element authorize a contribution of

  3  land or payment for land acquisition, or construction or

  4  expansion of a public school facility, or a portion thereof,

  5  as proportionate share mitigation, the local government shall

  6  credit such a contribution, construction, expansion, or

  7  payment toward any other impact fee or exaction imposed by

  8  local ordinance for the same need, on a dollar-for-dollar

  9  basis at fair market value.

10         (c)  Any proportionate share mitigation shall be

11  directed by the school board toward a school capacity

12  improvement within the affected area which is identified in

13  the financially feasible 5-year district work plan.

14         Section 5.  Subsection (13) of section 163.3180,

15  Florida Statutes, is amended to read:

16         163.3180  Concurrency.--

17         (13)  School concurrency, if imposed by local option,

18  shall be established on a districtwide basis and shall include

19  all public schools in the district and all portions of the

20  district, whether located in a municipality or an

21  unincorporated area. The application of school concurrency to

22  development shall be based upon the adopted comprehensive

23  plan, as amended. All local governments within a county,

24  except as provided in s. 163.31776(3) paragraph (f), shall

25  adopt and transmit to the state land planning agency the

26  necessary plan amendments, along with the interlocal

27  agreement, for a compliance review pursuant to s. 163.3184(7)

28  and (8). School concurrency shall not become effective in a

29  county until all local governments, except as provided in s.

30  163.31776(3) paragraph (f), have adopted the necessary plan

31  amendments, which together with the interlocal agreement, are

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  1  determined to be in compliance with the requirements of this

  2  part.  The minimum requirements for school concurrency are the

  3  following:

  4         (a)  Public educational school facilities element.--A

  5  local government that elects to adopt public school

  6  concurrency shall adopt and transmit to the state land

  7  planning agency a plan or plan amendment which includes a

  8  public educational school facilities element which is

  9  consistent with the requirements of s. 163.31776(5)

10  163.3177(12) and which is consistent with the following:

11         1.  The element shall be based on data and analyses

12  that address how uniform, districtwide level-of-service

13  standards for all schools of the same type will be achieved

14  and maintained.

15         2.  The element shall establish specific, measurable,

16  intermediate ends that are achievable and mark progress toward

17  the goal of school concurrency.

18         3.  The element shall establish the way in which

19  programs and activities will be conducted to achieve an

20  identified goal.

21         4.  The element shall address the procedure for an

22  annual update process.

23         5.  All local government public educational facilities

24  elements which adopt public school concurrency within a county

25  must be consistent with each other as well as the requirements

26  of this part.  Any local government transmitting a public

27  school facilities element for the purpose of adopting public

28  school concurrency prior to the effective date of this act

29  shall not be required to amend the element or any interlocal

30  agreement to conform with the provisions of s. 163.31776 or s.

31  163.31777. determined to be in compliance as defined in s.

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  1  163.3184(1)(b).  All local government public school facilities

  2  plan elements within a county must be consistent with each

  3  other as well as the requirements of this part.

  4         (b)  Level-of-service standards.--The Legislature

  5  recognizes that an essential requirement for a concurrency

  6  management system is the level of service at which a public

  7  facility is expected to operate.

  8         1.  Local governments and school boards imposing school

  9  concurrency shall exercise authority in conjunction with each

10  other to establish jointly adequate level-of-service

11  standards, as defined in chapter 9J-5, Florida Administrative

12  Code, necessary to implement the adopted local government

13  comprehensive plan, based on data and analysis.

14         2.  Public school level-of-service standards shall be

15  included and adopted into the capital improvements element of

16  the local comprehensive plan and shall apply districtwide to

17  all schools of the same type. Types of schools may include

18  elementary, middle, and high schools as well as special

19  purpose facilities such as magnet schools.

20         3.  Local governments and school boards shall have the

21  option to utilize tiered level-of-service standards to allow

22  time to achieve an adequate and desirable level of service as

23  circumstances warrant.

24         (c)  Service areas.--The Legislature recognizes that an

25  essential requirement for a concurrency system is a

26  designation of the area within which the level of service will

27  be measured when an application for a residential development

28  permit is reviewed for school concurrency purposes. This

29  delineation is also important for purposes of determining

30  whether the local government has a financially feasible public

31  school capital facilities program that will provide schools

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  1  which will achieve and maintain the adopted level-of-service

  2  standards.

  3         1.  In order to balance competing interests, preserve

  4  the constitutional concept of uniformity, and avoid disruption

  5  of existing educational and growth management processes, local

  6  governments are encouraged to apply school concurrency to

  7  development on a districtwide basis so that a concurrency

  8  determination for a specific development will be based upon

  9  the availability of school capacity districtwide.

10         2.  For local governments applying school concurrency

11  on a less than districtwide basis, such as utilizing school

12  attendance zones or larger school concurrency service areas,

13  local governments and school boards shall have the burden to

14  demonstrate that the utilization of school capacity is

15  maximized to the greatest extent possible in the comprehensive

16  plan and amendment, taking into account transportation costs

17  and court-approved desegregation plans, as well as other

18  factors. In addition, in order to achieve concurrency within

19  the service area boundaries selected by local governments and

20  school boards, the service area boundaries, together with the

21  standards for establishing those boundaries, shall be

22  identified, included, and adopted as part of the comprehensive

23  plan.  Any subsequent change to the service area boundaries

24  for purposes of a school concurrency system shall be by plan

25  amendment and shall be exempt from the limitation on the

26  frequency of plan amendments in s. 163.3187(1).

27         3.  Where school capacity is available on a

28  districtwide basis but school concurrency is applied on a less

29  than districtwide basis in the form of concurrency service

30  areas, if the adopted level-of-service standard cannot be met

31  in a particular service area as applied to an application for

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  1  a development permit and if the needed capacity for the

  2  particular service area is available in one or more contiguous

  3  service areas, as adopted by the local government, then the

  4  development order shall be issued and mitigation measures

  5  shall not be exacted.

  6         (d)  Financial feasibility.--The Legislature recognizes

  7  that financial feasibility is an important issue because the

  8  premise of concurrency is that the public facilities will be

  9  provided in order to achieve and maintain the adopted

10  level-of-service standard. This part and chapter 9J-5, Florida

11  Administrative Code, contain specific standards to determine

12  the financial feasibility of capital programs. These standards

13  were adopted to make concurrency more predictable and local

14  governments more accountable.

15         1.  A comprehensive plan amendment seeking to impose

16  school concurrency shall contain appropriate amendments to the

17  capital improvements element of the comprehensive plan,

18  consistent with the requirements of s. 163.3177(3) and rule

19  9J-5.016, Florida Administrative Code. The capital

20  improvements element shall set forth a financially feasible

21  public school capital facilities program, established in

22  conjunction with the school board, that demonstrates that the

23  adopted level-of-service standards will be achieved and

24  maintained.

25         2.  Such amendments shall demonstrate that the public

26  school capital facilities program meets all of the financial

27  feasibility standards of this part and chapter 9J-5, Florida

28  Administrative Code, that apply to capital programs which

29  provide the basis for mandatory concurrency on other public

30  facilities and services.

31

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  1         3.  When the financial feasibility of a public school

  2  capital facilities program is evaluated by the state land

  3  planning agency for purposes of a compliance determination,

  4  the evaluation shall be based upon the service areas selected

  5  by the local governments and school board.

  6         (e)  Availability standard.--Consistent with the public

  7  welfare, a local government may not deny a development permit

  8  authorizing residential development for failure to achieve and

  9  maintain the level-of-service standard for public school

10  capacity in a local option school concurrency system where

11  adequate school facilities will be in place or under actual

12  construction within 3 years after permit issuance.

13         (f)  Intergovernmental coordination.--

14         1.  When establishing concurrency requirements for

15  public schools, a local government shall satisfy the

16  requirements for intergovernmental coordination set forth in

17  s. 163.3177(6)(h)1. and 2., except that a municipality is not

18  required to be a signatory to the interlocal agreement

19  required by s. 163.3177(6)(h)2. as a prerequisite for

20  imposition of school concurrency, and as a nonsignatory, shall

21  not participate in the adopted local school concurrency

22  system, if the municipality meets all of the following

23  criteria for having no significant impact on school

24  attendance:

25         a.  The municipality has issued development orders for

26  fewer than 50 residential dwelling units during the preceding

27  5 years, or the municipality has generated fewer than 25

28  additional public school students during the preceding 5

29  years.

30

31

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  1         b.  The municipality has not annexed new land during

  2  the preceding 5 years in land use categories which permit

  3  residential uses that will affect school attendance rates.

  4         c.  The municipality has no public schools located

  5  within its boundaries.

  6         d.  At least 80 percent of the developable land within

  7  the boundaries of the municipality has been built upon.

  8         2.  A municipality which qualifies as having no

  9  significant impact on school attendance pursuant to the

10  criteria of subparagraph 1. must review and determine at the

11  time of its evaluation and appraisal report pursuant to s.

12  163.3191 whether it continues to meet the criteria.  If the

13  municipality determines that it no longer meets the criteria,

14  it must adopt appropriate school concurrency goals,

15  objectives, and policies in its plan amendments based on the

16  evaluation and appraisal report, and enter into the existing

17  interlocal agreement required by s. 163.3177(6)(h)2., in order

18  to fully participate in the school concurrency system.  If

19  such a municipality fails to do so, it will be subject to the

20  enforcement provisions of s. 163.3191.

21         (f)(g)  Interlocal agreement for school

22  concurrency.--When establishing concurrency requirements for

23  public schools, a local government must enter into an

24  interlocal agreement which satisfies the requirements in s.

25  163.31776(4) 163.3177(6)(h)1. and 2. and the requirements of

26  this subsection.  The interlocal agreement shall acknowledge

27  both the school board's constitutional and statutory

28  obligations to provide a uniform system of free public schools

29  on a countywide basis, and the land use authority of local

30  governments, including their authority to approve or deny

31  comprehensive plan amendments and development orders.  The

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  1  interlocal agreement shall be submitted to the state land

  2  planning agency by the local government as a part of the

  3  compliance review, along with the other necessary amendments

  4  to the comprehensive plan required by this part.  In addition

  5  to the requirements of s. 163.31776(4) 163.3177(6)(h), the

  6  interlocal agreement shall meet the following requirements:

  7         1.  Establish the mechanisms for coordinating the

  8  development, adoption, and amendment of each local

  9  government's public school facilities element with each other

10  and the plans of the school board to ensure a uniform

11  districtwide school concurrency system.

12         2.  Establish a process by which each local government

13  and the school board shall agree and base their plans on

14  consistent projections of the amount, type, and distribution

15  of population growth and coordinate and share information

16  relating to existing and planned public school facilities

17  projections and proposals for development and redevelopment,

18  and infrastructure required to support public school

19  facilities.

20         3.  Establish a process for the development of siting

21  criteria which encourages the location of public schools

22  proximate to urban residential areas to the extent possible

23  and seeks to collocate schools with other public facilities

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

25  possible.

26         2.4.  Specify uniform, districtwide level-of-service

27  standards for public schools of the same type and the process

28  for modifying the adopted levels-of-service standards.

29         3.5.  Establish a process for the preparation,

30  amendment, and joint approval by each local government and the

31  school board of a public school capital facilities program

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  1  which is financially feasible, and a process and schedule for

  2  incorporation of the public school capital facilities program

  3  into the local government comprehensive plans on an annual

  4  basis.

  5         4.6.  Define the geographic application of school

  6  concurrency.  If school concurrency is to be applied on a less

  7  than districtwide basis in the form of concurrency service

  8  areas, the agreement shall establish criteria and standards

  9  for the establishment and modification of school concurrency

10  service areas.  The agreement shall also establish a process

11  and schedule for the mandatory incorporation of the school

12  concurrency service areas and the criteria and standards for

13  establishment of the service areas into the local government

14  comprehensive plans.  The agreement shall ensure maximum

15  utilization of school capacity, taking into account

16  transportation costs and court-approved desegregation plans,

17  as well as other factors.  The agreement shall also ensure the

18  achievement and maintenance of the adopted level-of-service

19  standards for the geographic area of application throughout

20  the 5 years covered by the public school capital facilities

21  plan and thereafter by adding a new fifth year during the

22  annual update.

23         5.7.  Establish a uniform districtwide procedure for

24  implementing school concurrency which provides for:

25         a.  The evaluation of development applications for

26  compliance with school concurrency requirements;

27         b.  An opportunity for the school board to review and

28  comment on the effect of comprehensive plan amendments and

29  rezonings on the public school facilities plan; and

30         c.  The monitoring and evaluation of the school

31  concurrency system.

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  1         6.8.  Include provisions relating to termination,

  2  suspension, and amendment of the agreement.  The agreement

  3  shall provide that if the agreement is terminated or

  4  suspended, the application of school concurrency shall be

  5  terminated or suspended.

  6         Section 6.  Paragraph (b) of subsection (1) and

  7  subsection (4) of section 163.3184, Florida Statutes, are

  8  amended to read:

  9         163.3184  Process for adoption of comprehensive plan or

10  plan amendment.--

11         (1)  DEFINITIONS.--As used in this section:

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

13  requirements of ss. 163.3177, 163.31776, 163.3178, 163.3180,

14  163.3191, and 163.3245, with the state comprehensive plan,

15  with the appropriate strategic regional policy plan, and with

16  chapter 9J-5, Florida Administrative Code, where such rule is

17  not inconsistent with this part and with the principles for

18  guiding development in designated areas of critical state

19  concern.

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

21  comprehensive plan amendment is requested or otherwise

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

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

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

25  amendment to various government agencies, as appropriate, for

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

27  Department of Environmental Protection, the Department of

28  Transportation, the water management district, and the

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

30  plans, to the county land planning agency. If the plan or plan

31  amendment includes or relates to the public educational

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  1  facilities element required by s. 163.31776, the state land

  2  planning agency shall submit a copy to the Office of

  3  Educational Facilities and SMART Schools Clearinghouse of the

  4  Office of the Commissioner of Education for review and

  5  comment. These governmental agencies shall provide comments to

  6  the state land planning agency within 30 days after receipt of

  7  the proposed plan amendment. The appropriate regional planning

  8  council shall also provide its written comments to the state

  9  land planning agency within 30 days after receipt of the

10  proposed plan amendment and shall specify any objections,

11  recommendations for modifications, and comments of any other

12  regional agencies to which the regional planning council may

13  have referred the proposed plan amendment. Written comments

14  submitted by the public within 30 days after notice of

15  transmittal by the local government of the proposed plan

16  amendment will be considered as if submitted by governmental

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

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

19         Section 7.  Paragraph (j) of subsection (1) of section

20  163.3187, Florida Statutes, is amended, and paragraph (k) is

21  added to said subsection, to read:

22         163.3187  Amendment of adopted comprehensive plan.--

23         (1)  Amendments to comprehensive plans adopted pursuant

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

25  calendar year, except:

26         (j)  Any comprehensive plan amendment to establish

27  public school concurrency pursuant to s. 163.3180(13),

28  including, but not limited to, adoption of a public

29  educational school facilities element and adoption of

30  amendments to the capital improvements element and

31  intergovernmental coordination element. In order to ensure the

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  1  consistency of local government public educational school

  2  facilities elements within a county, such elements shall be

  3  prepared and adopted on a similar time schedule.

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

  5  educational facilities element pursuant to s. 163.31776, and

  6  future land use map amendments for school siting, may be

  7  approved without regard to statutory limits on the frequency

  8  of adoption of plan amendments.

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

10  163.3191, Florida Statutes, is amended 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         Section 9.  Section 163.3198, Florida Statutes, is

  2  created to read:

  3         163.3198  Development of a uniform fiscal impact

  4  analysis model for evaluating the cost of infrastructure to

  5  support development.--

  6         (1)  The Legislature finds that the quality of growth

  7  in Florida could benefit greatly by the adoption of a uniform

  8  fiscal impact analysis tool that could be used by local

  9  governments to determine the costs and benefits of new

10  development.  To facilitate informed decisionmaking and

11  accountability by local governments, the analysis model would

12  itemize and calculate the costs and fiscal impacts of

13  infrastructure needs created by proposed development, as well

14  as the anticipated revenues utilized for infrastructure

15  associated with the project.  It is intended that the model be

16  a minimum base model for implementation by all local

17  governments.  Local governments shall not be required to

18  implement the model until the Legislature approves such

19  implementation, nor shall local governments be prevented from

20  utilizing other fiscal or economic analysis tools before or

21  after adoption of the uniform fiscal analysis model.  The

22  Legislature intends that the analysis will provide local

23  government decisionmakers with a clearer understanding of the

24  fiscal impact of the new development on the community and its

25  resources.

26         (2)(a)  To oversee the development of a fiscal analysis

27  model by the state land planning agency, there is created a

28  commission consisting of nine members.  The Governor, the

29  President of the Senate, and the Speaker of the House of

30  Representatives shall each appoint three members to the

31  commission, and the Governor shall designate one of his

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  1  appointees as chair.  Appointments must be made by July 1,

  2  2002, and each appointing authority shall consider ethnic and

  3  gender balance when making appointments.  The members of the

  4  commission must have technical or practical expertise to bring

  5  to bear on the design or implementation of the model.  The

  6  commission shall include representatives of municipalities,

  7  counties, school boards, the development community, and public

  8  interest groups.

  9         (b)  The commission shall have the responsibility to:

10         1.  Direct the state land planning agency, and others,

11  in developing a fiscal analysis model.

12         2.  Select one or more models to test through six pilot

13  projects conducted in six regionally diverse local government

14  jurisdictions selected by the commission.

15         3.  Make changes to the models during the testing

16  period as needed.

17         4.  Report to the Governor and the Legislature with

18  implementation recommendations.

19         (c)  Each member may receive per diem and expenses for

20  travel, as provided in s. 112.061, while carrying out the

21  official business of the commission.

22         (d)  The commission is assigned, for administrative

23  purposes, to the Department of Community Affairs.

24         (e)  The commission shall meet at the call of the chair

25  and shall be dissolved upon the submittal of the report and

26  recommendations required by subsection (6).

27         (3)(a)  The state land planning agency, as directed by

28  the commission, shall develop one or more fiscal analysis

29  models for determining the estimated costs and revenues of

30  proposed development.  The analysis provided by the model

31  shall be a tool for government decisionmaking, shall not

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  1  constitute an automatic approval or disapproval of new

  2  development, and shall apply to all public and private

  3  projects and all land use categories.  The model or models

  4  selected for field testing shall be approved by the

  5  commission.

  6         (b)  The model shall be capable of estimating the

  7  capital, operating, and maintenance expenses and revenues for

  8  infrastructure needs created by new development based on the

  9  type, scale, and location of various land uses.  For the

10  purposes of developing the model, estimated costs shall

11  include those associated with provision of school facilities,

12  transportation facilities, water supply, sewer, stormwater,

13  and solid waste services, and publicly provided

14  telecommunications services.  Estimated revenues shall include

15  all revenues attributable to the proposed development which

16  are utilized to construct, operate, or maintain such

17  facilities and services.  The model may be developed with

18  capabilities of estimating other costs and benefits directly

19  related to new development, including economic costs and

20  benefits.  The Legislature recognizes the potential

21  limitations of such models in fairly quantifying important

22  quality of life issues such as the intangible benefits and

23  costs associated with development, including, but not limited

24  to, overall impact on community character, housing costs,

25  compatibility, and impacts on natural and historic resources,

26  and therefore affirms its intention that the model not be used

27  as the only determinate of the acceptability of new

28  development.  In order to develop a model for testing through

29  pilot projects, the Legislature directs the commission to

30  focus on the infrastructure costs expressly identified in this

31  paragraph.  The commission may authorize a local government

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  1  selected to conduct a pilot project to apply the fiscal

  2  analysis model being tested to a public facility or service

  3  other than those identified in this paragraph; however,

  4  appropriately related revenues and benefits must also be

  5  considered.

  6         (c)  The model shall be capable of identifying

  7  infrastructure deficits or backlogs, and costs associated with

  8  addressing such needs.

  9         (d)  As part of its development of a fiscal analysis

10  model, and as directed by the commission, the state land

11  planning agency shall develop a format by which the local

12  government shall report to its citizens, at least annually,

13  the cumulative fiscal impact of its local planning decisions.

14         (4)  One or more fiscal analysis models shall be tested

15  in the field to evaluate their technical validity and

16  practical usefulness and the financial feasibility of local

17  government implementation.  The field tests shall be conducted

18  as demonstration projects in six regionally diverse local

19  government jurisdictions.

20         (5)  Data, findings, and feedback from the field tests

21  shall be presented to the commission at least every 3 months

22  following the initiation of each demonstration project.  Based

23  on the feedback provided by the state land planning agency and

24  the local government partner of a demonstration project, the

25  commission may require the state land planning agency to

26  adjust or modify one or more models, including consideration

27  of appropriate thresholds and exemptions, and conduct

28  additional field testing if necessary.

29         (6)  No later than February 1, 2004, the commission

30  shall transmit to the Governor, the President of the Senate,

31  and the Speaker of the House of Representatives a report

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  1  detailing the results of the demonstration projects. The

  2  commission shall report its recommendations for statewide

  3  implementation of a uniform fiscal analysis model.  Any

  4  recommendation to implement the model must be based on the

  5  commission's determination that the model is technically

  6  valid, financially feasible for local government

  7  implementation, and practically useful for implementation as a

  8  uniform fiscal analysis model. Should the commission determine

  9  that a uniform fiscal analysis model is not technically valid,

10  financially feasible for local government implementation, and

11  practically useful for implementation as a uniform fiscal

12  analysis model, it shall recommend that the model or its

13  application be modified or not implemented.  The report shall

14  also include recommendations for changes to any existing

15  growth management laws and policies necessary to implement the

16  model; recommendations for repealing existing growth

17  management laws, such as concurrency, that may no longer be

18  relevant or effective once the model is implemented;

19  recommendations for state technical and financial assistance

20  to help local governments in the implementation of the uniform

21  fiscal analysis model; recommendations addressing state and

22  local sources of additional infrastructure funding; and

23  recommendations for incentives to local governments to

24  encourage identification of areas in which infrastructure

25  development will be encouraged.

26         Section 10.  There is appropriated to the Department of

27  Community Affairs from the General Revenue Fund $500,000 to

28  implement s. 163.3198, Florida Statutes.

29         Section 11.  Section 235.002, Florida Statutes, is

30  amended to read:

31         235.002  Intent.--

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  1         (1)  The intent of the Legislature is:

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

  3  system the availability of an educational environment

  4  appropriate to his or her educational needs which is

  5  substantially equal to that available to any similar student,

  6  notwithstanding geographic differences and varying local

  7  economic factors, and to provide facilities for the Florida

  8  School for the Deaf and the Blind and other educational

  9  institutions and agencies as may be defined by law.

10         (a)(b)  To encourage the use of innovative designs,

11  construction techniques, and financing mechanisms in building

12  educational facilities for the purpose of reducing costs to

13  the taxpayer, creating a more satisfactory educational

14  environment suited to the community in which the educational

15  facility is located, and reducing the amount of time necessary

16  for design, permitting of on-site and off-site improvements

17  required by law, and construction to fill unmet needs.

18         (b)(c)  To provide a systematic mechanism whereby

19  educational facilities construction plans can meet the current

20  and projected needs of the public education system population

21  as quickly as possible by building uniform, sound educational

22  environments and to provide a sound base for planning for

23  educational facilities needs.

24         (c)(d)  To provide proper legislative support for as

25  wide a range of fiscally sound financing methodologies for as

26  possible for the delivery of educational facilities and, where

27  appropriate, for their construction, operation, and

28  maintenance.

29         (d)  To establish a systematic process of sharing

30  information between school boards and local governments on the

31

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  1  growth and development trends in their communities in order to

  2  forecast future enrollment and school needs.

  3         (e)  To establish a systematic process for school

  4  boards and local governments to cooperatively plan for the

  5  provision of educational facilities to meet the current and

  6  projected needs of the public education system population,

  7  including the needs placed on the public education system as a

  8  result of growth and development decisions by local

  9  government.

10         (f)  To establish a systematic process for local

11  governments and school boards to cooperatively identify and

12  meet the infrastructure needs of public schools.

13         (2)  The Legislature finds and declares that:

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

15  our communities and play a significant role in the thousands

16  of individual housing decisions that result in community

17  growth trends.

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

19  boundaries and responsibilities of individual units of

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

21  implement policies to deal with these issues without affecting

22  other units of government.

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

24  educational facilities and services enhances is essential to

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

26  this state.

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

28  impacts community infrastructure and services.  Assuring

29  coordinated and cooperative provision of such facilities and

30  associated infrastructure and services is in the best interest

31  of the state.

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  1         Section 12.  Section 235.15, Florida Statutes, is

  2  amended to read:

  3         235.15  Educational plant survey; localized need

  4  assessment; PECO project funding.--

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

  6  Board of Regents, shall arrange for an educational plant

  7  survey, to aid in formulating plans for housing the

  8  educational program and student population, faculty,

  9  administrators, staff, and auxiliary and ancillary services of

10  the district or campus, including consideration of the local

11  comprehensive plan. The Division of Workforce Development

12  shall document the need for additional career and adult

13  education programs and the continuation of existing programs

14  before facility construction or renovation related to career

15  or adult education may be included in the educational plant

16  survey of a school district or community college that delivers

17  career or adult education programs. Information used by the

18  Division of Workforce Development to establish facility needs

19  must include, but need not be limited to, labor market data,

20  needs analysis, and information submitted by the school

21  district or community college.

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

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

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

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

26  Educational Facilities and SMART Schools Clearinghouse of the

27  Office of the Commissioner of Education.  The survey report

28  shall include at least an inventory of existing educational

29  and ancillary plants; recommendations for existing educational

30  and ancillary plants; recommendations for new educational or

31  ancillary plants, including the general location of each in

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  1  coordination with the land use plan; campus master plan update

  2  and detail for community colleges; the utilization of school

  3  plants based on an extended school day or year-round

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

  5  the rules of the State Board of Education. This report may be

  6  amended, if conditions warrant, at the request of the board or

  7  commissioner.

  8         (b)  Required need assessment criteria for district,

  9  community college, and state university plant surveys.--Each

10  Educational plant surveys survey completed after December 31,

11  1997, must use uniform data sources and criteria specified in

12  this paragraph.  Each educational plant survey completed after

13  June 30, 1995, and before January 1, 1998, must be revised, if

14  necessary, to comply with this paragraph. Each revised

15  educational plant survey and each new educational plant survey

16  supersedes previous surveys.

17         1.  The school district's survey shall be submitted as

18  a part of the district's educational facilities plan under s.

19  235.185. Each school district's educational plant survey must

20  reflect the capacity of existing satisfactory facilities as

21  reported in the Florida Inventory of School Houses.

22  Projections of facility space needs may not exceed the norm

23  space and occupant design criteria established by the State

24  Requirements for Educational Facilities. Existing and

25  projected capital outlay full-time equivalent student

26  enrollment must be consistent with data prepared by the

27  department and must include all enrollment used in the

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

29  satisfactory relocatable classrooms, including those owned,

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

31  included in the school district inventory of gross capacity of

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  1  facilities and must be counted at actual student capacity for

  2  purposes of the inventory. For future needs determination,

  3  student capacity shall not be assigned to any relocatable

  4  classroom that is scheduled for elimination or replacement

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

  6  educational plant survey and in the district facilities work

  7  program adopted under s. 235.185. Those relocatables clearly

  8  identified and scheduled for replacement in a school board

  9  adopted financially feasible 5-year district facilities work

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

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

12  if the district facilities work program is changed or altered

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

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

15  counting at actual capacity. Relocatables may not be

16  perpetually added to the work program and continually extended

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

18  remaining relocatable classrooms, including those owned,

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

20  counted at actual student capacity. The educational plant

21  survey shall identify the number of relocatable student

22  stations scheduled for replacement during the 5-year survey

23  period and the total dollar amount needed for that

24  replacement. All district educational plant surveys revised

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

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

27  accordance with the recommendations of the department's report

28  authorized in s. 235.056. A definition of satisfactory

29  relocatable classrooms shall be established by rule of the

30  department.

31

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

  2  facility, or cooperative vocational education facility must be

  3  based on capital outlay full-time equivalent student

  4  enrollment data prepared by the department for school

  5  districts, by the Division of Community Colleges for community

  6  colleges, and by the Board of Regents for state universities.

  7  A survey of space needs of a joint-use facility shall be based

  8  upon the respective space needs of the school districts,

  9  community colleges, and universities, as appropriate.

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

11  not exceed the norm space and occupant design criteria

12  established by the State Requirements for Educational

13  Facilities.

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

15  capacity of existing facilities as specified in the inventory

16  maintained by the Division of Community Colleges.  Projections

17  of facility space needs must comply with standards for

18  determining space needs as specified by rule of the State

19  Board of Education.  The 5-year projection of capital outlay

20  student enrollment must be consistent with the annual report

21  of capital outlay full-time student enrollment prepared by the

22  Division of Community Colleges.

23         4.  Each state university's survey must reflect the

24  capacity of existing facilities as specified in the inventory

25  maintained and validated by the Board of Regents.  Projections

26  of facility space needs must be consistent with standards for

27  determining space needs approved by the Board of Regents. The

28  projected capital outlay full-time equivalent student

29  enrollment must be consistent with the 5-year planned

30  enrollment cycle for the State University System approved by

31  the Board of Regents.

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  1         5.  The district educational facilities plan plant

  2  survey of a school district and the educational plant survey

  3  of a, community college, or state university may include space

  4  needs that deviate from approved standards for determining

  5  space needs if the deviation is justified by the district or

  6  institution and approved by the department or the Board of

  7  Regents, as appropriate, as necessary for the delivery of an

  8  approved educational program.

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

10  Facilities and SMART Schools Clearinghouse of the Office of

11  the Commissioner of Education department shall review and

12  validate the surveys of school districts and community

13  colleges and any amendments thereto for compliance with the

14  requirements of this chapter and, when required by the State

15  Constitution, shall recommend those in compliance for approval

16  by the State Board of Education.

17         (2)  Only the superintendent or the college president

18  shall certify to the Office of Educational Facilities and

19  SMART Schools Clearinghouse of the Office of the Commissioner

20  of Education department a project's compliance with the

21  requirements for expenditure of PECO funds prior to release of

22  funds.

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

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

25  Educational Facilities and SMART Schools Clearinghouse of the

26  Office of the Commissioner of Education department that the

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

28  board-approved survey recommendations, and that the project

29  meets the definition of a PECO project and the limiting

30  criteria for expenditures of PECO funding, and that the plan

31  is consistent with the local government comprehensive plan.

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

  2  certification must be made to the Office of Educational

  3  Facilities and SMART Schools Clearinghouse of the Office of

  4  the Commissioner of Education department that the need and

  5  location of the facility are in compliance with the

  6  board-approved survey recommendations, that the project meets

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

  8  expenditures of PECO funding, and that the construction

  9  documents meet the requirements of the State Uniform Building

10  Code for Educational Facilities Construction or other

11  applicable codes as authorized in this chapter, and that the

12  site is consistent with the local government comprehensive

13  plan.

14         Section 13.  Subsection (3) of section 235.175, Florida

15  Statutes, is amended to read:

16         235.175  SMART schools; Classrooms First; legislative

17  purpose.--

18         (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK

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

20  235.185, requiring each school district annually to adopt an

21  educational a district facilities plan that provides an

22  integrated long-range facilities plan, including the survey of

23  projected needs and the 5-year work program. The purpose of

24  the educational district facilities plan work program is to

25  keep the school board, local governments, and the public fully

26  informed as to whether the district is using sound policies

27  and practices that meet the essential needs of students and

28  that warrant public confidence in district operations. The

29  educational district facilities plan work program will be

30  monitored by the SMART Schools Clearinghouse, which will also

31  apply performance standards pursuant to s. 235.218.

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  1         Section 14.  Section 235.18, Florida Statutes, is

  2  amended to read:

  3         235.18  Annual capital outlay budget.--Each board,

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

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

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

  7  well understood by the public.  This capital outlay budget

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

  9  and in harmony with the educational plant and ancillary

10  facilities plan. This budget shall designate the proposed

11  capital outlay expenditures by project for the year from all

12  fund sources. The board may not expend any funds on any

13  project not included in the budget, as amended. Each district

14  school board must prepare its tentative district educational

15  facilities plan work program as required by s. 235.185 before

16  adopting the capital outlay budget.

17         Section 15.  Section 235.185, Florida Statutes, is

18  amended to read:

19         235.185  School district educational facilities plan

20  work program; definitions; preparation, adoption, and

21  amendment; long-term work programs.--

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

23         (a)  "Adopted educational district facilities plan work

24  program" means the comprehensive planning document 5-year work

25  program adopted annually by the district school board as

26  provided in subsection (4) which contains the educational

27  plant survey (3).

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

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

30  district school board as provided in paragraph (2)(b) as part

31

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  1  of the district educational facilities plan which are

  2  required:

  3         1.  To properly repair and maintain the educational

  4  plant and ancillary facilities of the district.

  5         2.  To provide an adequate number of satisfactory

  6  student stations for the projected student enrollment of the

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

  8  235.062.

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

10  comprehensive planning document prepared annually by the

11  district school board and submitted to the Office of

12  Educational Facilities and SMART Schools Clearinghouse of the

13  Office of the Commissioner of Education and the affected

14  general purpose local governments.

15         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

16  FACILITIES PLAN; WORK PROGRAM.--

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

18  school budget, each school board shall prepare a tentative

19  district educational facilities plan work program that

20  includes long-range planning for facilities needs over 5-year,

21  10-year, and 20-year periods. The plan shall be developed in

22  coordination with the general purpose local governments and be

23  consistent with the local government comprehensive plans. The

24  plan shall:

25         1.  Consider projected student populations apportioned

26  geographically at the local level. The projections shall be

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

28  education estimating conferences pursuant to s. 216.136, where

29  available, as modified by the school district based on

30  development data and agreement with the local governments and

31  the Office of Educational Facilities and SMART Schools

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  1  Clearinghouse of the Office of the Commissioner of Education.

  2  The projections shall be apportioned geographically with

  3  assistance from the local governments, using local development

  4  trend data and the school district student enrollment data.

  5         2.  Provide an inventory of existing school facilities.

  6  Any anticipated expansions or closures of existing school

  7  sites over the 5-year, 10-year, and 20-year periods shall be

  8  identified. The inventory shall include an assessment of areas

  9  proximate to existing schools and identification of the need

10  for improvements to infrastructure, safety, and conditions in

11  the community. The plan shall also provide a listing of major

12  repairs and renovation projects anticipated over the period of

13  the plan.

14         3.  Include projections of facilities space needs,

15  which may not exceed the norm space and occupant design

16  criteria established in the State Requirements for Educational

17  Facilities.

18         4.  Include information on leased, loaned, and donated

19  space and relocatables used for conducting the district's

20  instructional programs.

21         5.  Describe the general location of public schools

22  proposed to be constructed over the 5-year, 10-year, and

23  20-year time periods, including a listing of the proposed

24  schools' site acreage needs and anticipated capacity and maps

25  showing general locations. The school board's identification

26  of general locations of future school sites shall be based on

27  the school siting requirements of s. 163.3177(6)(a) and

28  policies in the comprehensive plan which provide guidance for

29  appropriate locations for school sites.

30         6.  Include the identification of options deemed

31  reasonable and approved by the school board that reduce the

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  1  need for additional permanent student stations.  Such options

  2  may include, but need not be limited to:

  3         a.  Acceptable capacity.

  4         b.  Redistricting.

  5         c.  Busing.

  6         d.  Year-round schools.

  7         e.  Charter schools.

  8         7.  Include the criteria and method jointly determined

  9  by the local government and the school board for determining

10  the impact to public school capacity in response to a local

11  government request for a report pursuant to s. 235.193(4).

12         (b)  The educational facilities plan shall also include

13  a financially feasible district facilities work program for a

14  5-year period. The work program shall include:

15         1.  A schedule of major repair and renovation projects

16  necessary to maintain the educational facilities plant and

17  ancillary facilities of the district.

18         2.  A schedule of capital outlay projects necessary to

19  ensure the availability of satisfactory student stations for

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

21  schedule shall consider:

22         a.  The locations, capacities, and planned utilization

23  rates of current educational facilities of the district. The

24  capacity of existing satisfactory facilities, as reported in

25  the Florida Inventory of School Houses, shall be compared to

26  the capital outlay full-time equivalent student enrollment as

27  determined by the department, including all enrollment used in

28  the calculation of the distribution formula under s.

29  235.435(3).

30         b.  The proposed locations of planned facilities,

31  whether those locations are consistent with the comprehensive

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  1  plans of all affected local governments, and recommendations

  2  for infrastructure and other improvements to land adjacent to

  3  existing facilities.  The provisions of ss. 235.19 and

  4  235.193(6), (7), and (8) shall be addressed for new facilities

  5  planned within the first 3 years of the work plan, as

  6  appropriate.

  7         c.  Plans for the use and location of relocatable

  8  facilities, leased facilities, and charter school facilities.

  9         d.  Plans for multitrack scheduling, grade level

10  organization, block scheduling, or other alternatives that

11  reduce the need for additional permanent student stations.

12         e.  Information concerning average class size and

13  utilization rate by grade level within the district that will

14  result if the tentative district facilities work program is

15  fully implemented. The average shall not include exceptional

16  student education classes or prekindergarten classes.

17         f.  The number and percentage of district students

18  planned to be educated in relocatable facilities during each

19  year of the tentative district facilities work program. For

20  future needs determination, student capacity shall not be

21  assigned to any relocatable classroom that is scheduled for

22  elimination or replacement with a permanent educational

23  facility in the current year of the adopted district

24  educational facilities plan and in the district facilities

25  work program adopted under this section. Those relocatables

26  clearly identified and scheduled for replacement in a school

27  board adopted, financially feasible, 5-year district

28  facilities work program shall be counted at zero capacity at

29  the time the work program is adopted and approved by the

30  school board. However, if the district facilities work program

31  is changed or altered and the relocatables are not replaced as

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  1  scheduled in the work program, they must then be reentered

  2  into the system for counting at actual capacity. Relocatables

  3  may not be perpetually added to the work program and

  4  continually extended for purposes of circumventing the intent

  5  of this section. All relocatable classrooms not identified and

  6  scheduled for replacement, including those owned,

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

  8  counted at actual student capacity. The district educational

  9  facilities plan shall identify the number of relocatable

10  student stations scheduled for replacement during the 5-year

11  survey period and the total dollar amount needed for that

12  replacement.

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

14  plans for disposition of the facility or usage of facility

15  space, and anticipated revenues.

16         h.  Projects for which capital outlay and debt service

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

18  Constitution are to be used shall be identified separately in

19  priority order as a project priority list within the district

20  facilities work program.

21         3.  The projected cost for each project identified in

22  the tentative district facilities work program. For proposed

23  projects for new student stations, a schedule shall be

24  prepared comparing the planned cost and square footage for

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

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

27  facilities constructed throughout the state during the most

28  recent fiscal year for which data is available from the

29  Department of Education.

30         4.  A schedule of estimated capital outlay revenues

31  from each currently approved source which is estimated to be

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  1  available for expenditure on the projects included in the

  2  tentative district facilities work program.

  3         5.  A schedule indicating which projects included in

  4  the tentative district facilities work program will be funded

  5  from current revenues projected in subparagraph 4.

  6         6.  A schedule of options for the generation of

  7  additional revenues by the district for expenditure on

  8  projects identified in the tentative district facilities work

  9  program which are not funded under subparagraph 5. Additional

10  anticipated revenues may include effort index grants, SIT

11  Program awards, and Classrooms First funds.

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

13  educational facilities plan work program shall be based on

14  information produced by the demographic, revenue, and

15  education estimating conferences pursuant to s. 216.136.

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

17  concerning the tentative district educational facilities plan

18  work program.

19         (e)  The district school board shall coordinate with

20  each affected local government to ensure consistency between

21  the tentative district educational facilities plan and the

22  local government comprehensive plans of the affected local

23  governments during the development of the tentative district

24  educational facilities plan.

25         (3)  SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL

26  FACILITIES PLAN TO THE LOCAL GOVERNMENT.--The district school

27  board shall submit a copy of its tentative district

28  educational facilities plan to all affected local governments

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

30  shall review the tentative district educational facilities

31  plan and comment to the district school board on the

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  1  consistency of the plan with the local comprehensive plan,

  2  whether a comprehensive plan amendment will be necessary for

  3  any proposed educational facility, and whether the local

  4  government supports a necessary comprehensive plan amendment.

  5  If the local government does not support a comprehensive plan

  6  amendment for a proposed educational facility, the matter

  7  shall be resolved pursuant to the interlocal agreement

  8  required by ss. 163.31776(4) and 235.193(2).  The process for

  9  the submittal and review shall be detailed in the interlocal

10  agreement required pursuant to ss. 163.31776(4) and

11  235.193(2).

12         (4)(3)  ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN

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

14  consider and adopt the tentative district educational

15  facilities plan work program completed pursuant to subsection

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

17  governments and opportunity for public comment, the district

18  school board may amend the plan program to revise the priority

19  of projects, to add or delete projects, to reflect the impact

20  of change orders, or to reflect the approval of new revenue

21  sources which may become available. The adopted district

22  educational facilities plan work program shall:

23         (a)  Be a complete, balanced, and financially feasible

24  capital outlay financial plan for the district.

25         (b)  Set forth the proposed commitments and planned

26  expenditures of the district to address the educational

27  facilities needs of its students and to adequately provide for

28  the maintenance of the educational plant and ancillary

29  facilities.

30         (5)(4)  EXECUTION OF ADOPTED DISTRICT EDUCATIONAL

31  FACILITIES PLAN WORK PROGRAM.--The first year of the adopted

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  1  district educational facilities plan work program shall

  2  constitute the capital outlay budget required in s. 235.18.

  3  The adopted district facilities work program shall include the

  4  information required in paragraph (2)(b) subparagraphs

  5  (2)(a)1., 2., and 3., based upon projects actually funded in

  6  the program.

  7         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

  8  the adopted district facilities work program covering the

  9  5-year work program, the district school board shall adopt

10  annually a 10-year and a 20-year work program which include

11  the information set forth in subsection (2), but based upon

12  enrollment projections and facility needs for the 10-year and

13  20-year periods. It is recognized that the projections in the

14  10-year and 20-year timeframes are tentative and should be

15  used only for general planning purposes.

16         Section 16.  Section 235.188, Florida Statutes, is

17  amended to read:

18         235.188  Full bonding required to participate in

19  programs.--Any district with unused bonding capacity in its

20  Capital Outlay and Debt Service Trust Fund allocation that

21  certifies in its district educational facilities plan work

22  program that it will not be able to meet all of its need for

23  new student stations within existing revenues must fully bond

24  its Capital Outlay and Debt Service Trust Fund allocation

25  before it may participate in Classrooms First, the School

26  Infrastructure Thrift (SIT) Program, or the Effort Index

27  Grants Program.

28         Section 17.  Section 235.19, Florida Statutes, is

29  amended to read:

30         235.19  Site planning and selection.--

31

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  1         (1)  If the school board and local government have

  2  entered into an interlocal agreement pursuant to ss.

  3  163.31776(4) and 235.193(2) and have developed a process to

  4  ensure consistency between the local government comprehensive

  5  plan and the school district educational facilities plan and a

  6  method to coordinate decisionmaking and approval activities

  7  relating to school planning and site selection, the provisions

  8  of this section are superseded by the interlocal agreement and

  9  the plans of the local government and the school board.

10         (2)(1)  Before acquiring property for sites, each board

11  shall determine the location of proposed educational centers

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

13  board shall consider existing and anticipated site needs and

14  the most economical and practicable locations of sites.  The

15  board shall coordinate with the long-range or comprehensive

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

17  assure the consistency compatibility of such plans with site

18  planning. Boards are encouraged to locate schools proximate to

19  urban residential areas to the extent possible, and shall seek

20  to collocate schools with other public facilities, such as

21  parks, libraries, and community centers, to the extent

22  possible, and to encourage using elementary schools as focal

23  points for neighborhoods.

24         (3)(2)  Each new site selected must be adequate in size

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

26  that site by the original educational facility or future

27  expansions of the facility through renovation or the addition

28  of relocatables. The Commissioner of Education shall prescribe

29  by rule recommended sizes for new sites according to

30  categories of students to be housed and other appropriate

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

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

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

  3  appropriate and equitable educational program on the site.

  4         (4)(3)  Sites recommended for purchase, or purchased,

  5  in accordance with chapter 230 or chapter 240 must meet

  6  standards prescribed therein and such supplementary standards

  7  as the school board commissioner prescribes to promote the

  8  educational interests of the students.  Each site must be well

  9  drained and either suitable for outdoor educational purposes

10  as appropriate for the educational program or collocated with

11  facilities to serve this purpose. As provided in s. 333.03,

12  the site must not be located within any path of flight

13  approach of any airport. Insofar as is practicable, the site

14  must not adjoin a right-of-way of any railroad or through

15  highway and must not be adjacent to any factory or other

16  property from which noise, odors, or other disturbances, or at

17  which conditions, would be likely to interfere with the

18  educational program.

19         (5)(4)  It shall be the responsibility of the board to

20  provide adequate notice to appropriate municipal, county,

21  regional, and state governmental agencies for requested

22  traffic control and safety devices so they can be installed

23  and operating prior to the first day of classes or to satisfy

24  itself that every reasonable effort has been made in

25  sufficient time to secure the installation and operation of

26  such necessary devices prior to the first day of classes.  It

27  shall also be the responsibility of the board to review

28  annually traffic control and safety device needs and to

29  request all necessary changes indicated by such review.

30         (6)(5)  Each board may request county and municipal

31  governments to construct and maintain sidewalks and bicycle

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  1  trails within a 2-mile radius of each educational facility

  2  within the jurisdiction of the local government. When a board

  3  discovers or is aware of an existing hazard on or near a

  4  public sidewalk, street, or highway within a 2-mile radius of

  5  a school site and the hazard endangers the life or threatens

  6  the health or safety of students who walk, ride bicycles, or

  7  are transported regularly between their homes and the school

  8  in which they are enrolled, the board shall, within 24 hours

  9  after discovering or becoming aware of the hazard, excluding

10  Saturdays, Sundays, and legal holidays, report such hazard to

11  the governmental entity within the jurisdiction of which the

12  hazard is located. Within 5 days after receiving notification

13  by the board, excluding Saturdays, Sundays, and legal

14  holidays, the governmental entity shall investigate the

15  hazardous condition and either correct it or provide such

16  precautions as are practicable to safeguard students until the

17  hazard can be permanently corrected. However, if the

18  governmental entity that has jurisdiction determines upon

19  investigation that it is impracticable to correct the hazard,

20  or if the entity determines that the reported condition does

21  not endanger the life or threaten the health or safety of

22  students, the entity shall, within 5 days after notification

23  by the board, excluding Saturdays, Sundays, and legal

24  holidays, inform the board in writing of its reasons for not

25  correcting the condition. The governmental entity, to the

26  extent allowed by law, shall indemnify the board from any

27  liability with respect to accidents or injuries, if any,

28  arising out of the hazardous condition.

29         Section 18.  Section 235.193, Florida Statutes, is

30  amended to read:

31

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  1         235.193  Coordination of planning with local governing

  2  bodies.--

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

  4  coordination of planning between boards and local governing

  5  bodies to ensure that plans for the construction and opening

  6  of public educational facilities are facilitated and

  7  coordinated in time and place with plans for residential

  8  development, concurrently with other necessary services. Such

  9  planning shall include the integration of the educational

10  facilities plan plant survey and applicable policies and

11  procedures of a board with the local comprehensive plan and

12  land development regulations of local governments governing

13  bodies.  The planning must include the consideration of

14  allowing students to attend the school located nearest their

15  homes when a new housing development is constructed near a

16  county boundary and it is more feasible to transport the

17  students a short distance to an existing facility in an

18  adjacent county than to construct a new facility or transport

19  students longer distances in their county of residence. The

20  planning must also consider the effects of the location of

21  public education facilities, including the feasibility of

22  keeping central city facilities viable, in order to encourage

23  central city redevelopment and the efficient use of

24  infrastructure and to discourage uncontrolled urban sprawl.

25         (2)  No later than 6 months prior to the deadline

26  established by the state land planning agency pursuant to s.

27  163.31776(3) for the transmittal of a public educational

28  facilities element by general purpose local governments, the

29  school district, the county, and the participating

30  municipalities shall enter into an interlocal agreement which

31  establishes a process to develop coordinated and consistent

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  1  local government public educational facilities elements and

  2  district educational facilities plans, including a process:

  3         (a)  By which each local government and the school

  4  district agree and base their plans on consistent projections

  5  of the amount, type, and distribution of population growth and

  6  student enrollment.

  7         (b)  To coordinate and share information relating to

  8  existing and planned public school facilities and local

  9  government plans for development and redevelopment.

10         (c)  To ensure that school siting decisions by the

11  school board are consistent with the local comprehensive plan,

12  including appropriate circumstances and criteria under which a

13  school district may request an amendment to the comprehensive

14  plan for school siting, and for early involvement by the local

15  government as the school board identifies potential school

16  sites.

17         (d)  To coordinate and provide formal comments during

18  the development, adoption, and amendment of each local

19  government's public educational facilities element and the

20  educational facilities plan of the school district to ensure a

21  uniform countywide school facility planning system.

22         (e)  For school district participation in the review of

23  residential development applications for comprehensive plan

24  amendments and rezonings which increase residential density

25  and which are reasonably expected to have an impact on public

26  school facility demand pursuant to s. 163.31777.  The

27  interlocal agreement shall express how the school board and

28  local governments will develop the methodology and the

29  criteria for determining if school facility capacity will not

30  be reasonably available at the time of projected school

31  impacts, including uniform, districtwide level-of-service

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  1  standards for all public schools of the same type and

  2  availability standards for public schools.  The interlocal

  3  agreement shall ensure that consistent criteria and capacity

  4  determination methodologies are adopted into the school

  5  board's district educational facilities plan and the local

  6  government's public educational facilities element.  The

  7  interlocal agreement shall also set forth the process and

  8  uniform methodology for determining proportionate share

  9  mitigation pursuant to s. 163.31777.

10         (f)  For the resolution of disputes between the school

11  district and local governments.

12

13  Any school board that has entered into an interlocal agreement

14  for the purpose of adopting public school concurrency prior to

15  the effective date of this act is not required to amend the

16  interlocal agreement to conform to this subsection if the

17  comprehensive plan amendment adopting public school

18  concurrency is ultimately determined to be in compliance.

19         (3)  Failure to enter into an interlocal agreement

20  shall result in the withholding of funds for school

21  construction available pursuant to ss. 235.187, 235.216,

22  235.2195, and 235.42, and the school district shall be

23  prohibited from siting schools.  Before the Office of

24  Educational Facilities and SMART Schools Clearinghouse of the

25  Office of the Commissioner of Education withholds any funds,

26  the office shall provide the school board with a notice of

27  intent to withhold funds, which the school board may dispute

28  pursuant to chapter 120.  The office shall withhold funds when

29  a final order is issued finding that the school board has

30  failed to enter into an interlocal agreement which meets the

31  requirements of subsection (2).

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  1         (4)  The school board shall provide the local

  2  government a school capacity report when the local government

  3  notifies the school board that it is reviewing an application

  4  for a comprehensive plan amendment or a rezoning which seeks

  5  to increase residential density.  The report shall provide

  6  data and analysis as required by s. 163.31777(2) for the local

  7  government's review of such proposed plan amendment or

  8  rezoning.

  9         (5)(2)  A school board and the local governing body

10  must share and coordinate information related to existing and

11  planned public school facilities; proposals for development,

12  redevelopment, or additional development; and infrastructure

13  required to support the public school facilities, concurrent

14  with proposed development. A school board shall use

15  information produced by the demographic, revenue, and

16  education estimating conferences pursuant to s. 216.136

17  Department of Education enrollment projections when preparing

18  the 5-year district educational facilities plan work program

19  pursuant to s. 235.185 in, and a school board shall

20  affirmatively demonstrate in the educational facilities report

21  consideration of local governments' population projections to

22  ensure that the educational facilities plan 5-year work

23  program not only reflects enrollment projections but also

24  considers applicable municipal and county growth and

25  development projections. The school board may modify the

26  information produced by the estimating conferences with the

27  approval of the local governments and the Office of

28  Educational Facilities and SMART Schools Clearinghouse of the

29  Office of the Commissioner of Education. The projections shall

30  be apportioned geographically with assistance from the local

31  governments using local development trend data and the school

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  1  district student enrollment data. A school board is precluded

  2  from siting a new school in a jurisdiction where the school

  3  board has failed to provide the annual educational facilities

  4  plan report for the prior year required pursuant to s. 235.185

  5  235.194 unless the failure is corrected.

  6         (6)(3)  The location of public educational facilities

  7  shall be consistent with the comprehensive plan of the

  8  appropriate local governing body developed under part II of

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

10  development regulations, to the extent that the regulations

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

12  specifically addressed by this chapter or the State Uniform

13  Building Code, unless mutually agreed by the local government

14  and the board.

15         (7)(4)  To improve coordination relative to potential

16  educational facility sites, a board shall provide written

17  notice to the local government that has regulatory authority

18  over the use of the land at least 120 60 days prior to

19  acquiring or leasing property that may be used for a new

20  public educational facility.  The local government, upon

21  receipt of this notice, shall notify the board within 45 days

22  if the site proposed for acquisition or lease is consistent

23  with the land use categories and policies of the local

24  government's comprehensive plan.  This preliminary notice does

25  not constitute the local government's determination of

26  consistency pursuant to subsection (8) (5).

27         (8)(5)  As early in the design phase as feasible, but

28  at least before commencing construction of a new public

29  educational facility, the local governing body that regulates

30  the use of land shall determine, in writing within 90 days

31  after receiving the necessary information and a school board's

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  1  request for a determination, whether a proposed public

  2  educational facility is consistent with the local

  3  comprehensive plan and consistent with local land development

  4  regulations, to the extent that the regulations are not in

  5  conflict with or the subject regulated is not specifically

  6  addressed by this chapter or the State Uniform Building Code,

  7  unless mutually agreed. If the determination is affirmative,

  8  school construction may proceed and further local government

  9  approvals are not required, except as provided in this

10  section. Failure of the local governing body to make a

11  determination in writing within 90 days after a school board's

12  request for a determination of consistency shall be considered

13  an approval of the school board's application.

14         (9)(6)  A local governing body may not deny the site

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

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

17  with the comprehensive plan plan's future land use policies

18  and categories in which public schools are identified as

19  allowable uses, the local government may not deny the

20  application but it may impose reasonable development standards

21  and conditions in accordance with s. 235.34(1) and consider

22  the site plan and its adequacy as it relates to environmental

23  concerns, health, safety and welfare, and effects on adjacent

24  property.  Standards and conditions may not be imposed which

25  conflict with those established in this chapter or the State

26  Uniform Building Code, unless mutually agreed.

27         (10)(7)  This section does not prohibit a local

28  governing body and district school board from agreeing and

29  establishing an alternative process for reviewing a proposed

30  educational facility and site plan, and offsite impacts

31

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  1  pursuant to an interlocal agreement adopted in accordance with

  2  this section.

  3         (11)(8)  Existing schools shall be considered

  4  consistent with the applicable local government comprehensive

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

  6  a new proposed public educational facility with an existing

  7  public educational facility, or the expansion of an existing

  8  public educational facility is not inconsistent with the local

  9  comprehensive plan, if the site is consistent with the

10  comprehensive plan's future land use policies and categories

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

12  levels of service adopted by the local government for any

13  facilities affected by the proposed location for the new

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

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

16  impose reasonable development standards and conditions on the

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

18  Standards and conditions may not be imposed which conflict

19  with those established in this chapter or the State Uniform

20  Building Code, unless mutually agreed. Local government review

21  or approval is not required for:

22         (a)  The placement of temporary or portable classroom

23  facilities; or

24         (b)  Proposed renovation or construction on existing

25  school sites, with the exception of construction that changes

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

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

28  as mutually agreed.

29         Section 19.  Section 235.194, Florida Statutes, is

30  repealed.

31

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  1         Section 20.  Section 235.218, Florida Statutes, is

  2  amended to read:

  3         235.218  School district educational facilities plan

  4  work program performance and productivity standards;

  5  development; measurement; application.--

  6         (1)  The SMART Schools Clearinghouse shall develop and

  7  adopt measures for evaluating the performance and productivity

  8  of school district educational facilities plans work programs.

  9  The measures may be both quantitative and qualitative and

10  must, to the maximum extent practical, assess those factors

11  that are within the districts' control.  The measures must, at

12  a minimum, assess performance in the following areas:

13         (a)  Frugal production of high-quality projects.

14         (b)  Efficient finance and administration.

15         (c)  Optimal school and classroom size and utilization

16  rate.

17         (d)  Safety.

18         (e)  Core facility space needs and cost-effective

19  capacity improvements that consider demographic projections.

20         (f)  Level of district local effort.

21         (2)  The clearinghouse shall establish annual

22  performance objectives and standards that can be used to

23  evaluate district performance and productivity.

24         (3)  The clearinghouse shall conduct ongoing

25  evaluations of district educational facilities plan program

26  performance and productivity, using the measures adopted under

27  this section. If, using these measures, the clearinghouse

28  finds that a district failed to perform satisfactorily, the

29  clearinghouse must recommend to the district school board

30  actions to be taken to improve the district's performance.

31

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  1         Section 21.  Section 235.321, Florida Statutes, is

  2  amended to read:

  3         235.321  Changes in construction requirements after

  4  award of contract.--The board may, at its option and by

  5  written policy duly adopted and entered in its official

  6  minutes, authorize the superintendent or president or other

  7  designated individual to approve change orders in the name of

  8  the board for preestablished amounts.  Approvals shall be for

  9  the purpose of expediting the work in progress and shall be

10  reported to the board and entered in its official minutes. For

11  accountability, the school district shall monitor and report

12  the impact of change orders on its district educational

13  facilities plan work program pursuant to s. 235.185.

14         Section 22.  Paragraph (d) of subsection (5) of section

15  236.25, Florida Statutes, is amended to read:

16         236.25  District school tax.--

17         (5)

18         (d)  Notwithstanding any other provision of this

19  subsection, if through its adopted educational facilities plan

20  work program a district has clearly identified the need for an

21  ancillary plant, has provided opportunity for public input as

22  to the relative value of the ancillary plant versus an

23  educational plant, and has obtained public approval, the

24  district may use revenue generated by the millage levy

25  authorized by subsection (2) for the construction, renovation,

26  remodeling, maintenance, or repair of an ancillary plant.

27

28  A district that violates these expenditure restrictions shall

29  have an equal dollar reduction in funds appropriated to the

30  district under s. 236.081 in the fiscal year following the

31  audit citation.  The expenditure restrictions do not apply to

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  1  any school district that certifies to the Commissioner of

  2  Education that all of the district's instructional space needs

  3  for the next 5 years can be met from capital outlay sources

  4  that the district reasonably expects to receive during the

  5  next 5 years or from alternative scheduling or construction,

  6  leasing, rezoning, or technological methodologies that exhibit

  7  sound management.

  8         Section 23.  This act shall take effect upon becoming a

  9  law.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Requires that a local government comprehensive plan
14    include a public educational facilities element and
      provides requirements with respect thereto. Requires that
15    local governments consider public school facilities when
      considering certain comprehensive plan amendments and
16    rezonings based on information provided by the school
      board, and provides for denial of such requests if school
17    facility capacity will not be available, unless the
      applicant commits to provide mitigation. Directs the
18    state land planning agency to develop a fiscal analysis
      model for determining the costs and revenues of proposed
19    development, under the supervision of a commission.
      Provides for field testing and submission of
20    recommendations to the Governor and Legislature. Provides
      requirements for preparation of an annual educational
21    facilities plan by each school district, to include the
      educational plant survey and the 5-year district
22    facilities work program.

23
      See bill for details.
24

25

26

27

28

29

30

31

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