Senate Bill sb0382

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    Florida Senate - 2002                                   SB 382

    By the Committee on Comprehensive Planning, Local and Military
    Affairs




    316-512A-02

  1                      A bill to be entitled

  2         An act relating to growth management; amending

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

  4         membership of all local planning agencies or

  5         equivalent agencies that review comprehensive

  6         plan amendments and rezonings include a

  7         nonvoting representative of the district school

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

  9         elements of comprehensive plans; providing for

10         intergovernmental coordination between local

11         governments and district school boards;

12         requiring local governments to consider

13         water-supply data and analysis in their potable

14         water and capital improvement elements;

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

16         for intergovernmental coordination element

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

18         legislative intent and findings with respect to

19         a public educational facilities element;

20         providing for certain municipalities to be

21         exempt; requiring that the public educational

22         facilities element include certain provisions;

23         providing requirements for future land-use

24         maps; providing a process for adopting the

25         element; amending s. 163.3180, F.S.; providing

26         an exemption from concurrency for certain urban

27         infill areas; amending s. 163.3184, F.S.;

28         revising definitions; revising provisions

29         governing the process for adopting

30         comprehensive plans and plan amendments;

31         amending s. 163.3187, F.S.; authorizing the

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  1         adoption of a public educational facilities

  2         element, notwithstanding certain limitations;

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

  4         evaluation and appraisal of comprehensive

  5         plans; conforming provisions to changes made by

  6         the act; requiring an evaluation of the

  7         availability of potable water and whether

  8         future water supply development needs are

  9         addressed in the capital improvements element;

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

11         school board member to the membership of each

12         regional planning council; amending s. 212.055,

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

14         infrastructure sales surtax and the school

15         capital outlay surtax by a super majority vote

16         and requiring certain educational facility

17         planning prior to the levy of the school

18         capital outlay surtax; amending s. 235.002,

19         F.S.; revising legislative intent; amending s.

20         235.15; revising requirements for educational

21         plan surveys; revising requirements for review

22         and validation of such surveys; amending s.

23         235.175, F.S.; requiring school districts to

24         adopt education facilities plans; amending s.

25         235.18, F.S., relating to capital outlay

26         budgets of school boards; conforming

27         provisions; amending s. 235.185, F.S.;

28         requiring school district educational

29         facilities plans; providing definitions;

30         specifying projections and other information to

31         be included in the plans; providing

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  1         requirements for the plans; requiring district

  2         school boards to submit a tentative plan to the

  3         local government; providing for adopting and

  4         executing the plans; amending s. 235.118, F.S.;

  5         conforming provisions; amending s. 235.19,

  6         F.S.; providing that site planning and

  7         selection must be consistent with interlocal

  8         agreements entered between local governments

  9         and school boards; amending s. 235.193, F.S.;

10         defining interlocal agreements with respect to

11         public educational facilities elements and

12         plans; providing requirements for preparing a

13         district education facilities report; repealing

14         s. 235.194, F.S., relating to the general

15         educational facilities report; amending s.

16         235.218, F.S.; requiring the SMART Schools

17         Clearinghouse to adopt measures for evaluating

18         the school district educational facilities

19         plans; amending s. 235.2197, F.S.; correcting a

20         statutory cross-reference; amending ss.

21         235.321, 236.25, F.S.; conforming provisions;

22         amending s. 380.06, F.S.; revising provisions

23         governing substantial-deviation standards for

24         developments of regional impact; providing for

25         designation of a lead regional planning

26         council; amending s. 380.0651, F.S.; revising

27         standards for determining the necessity for a

28         development-of-regional-impact review;

29         requiring specified counties to adopt a

30         service-delivery interlocal agreement with all

31         municipalities, special districts, and the

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  1         school district; prescribing requirements for

  2         such agreements; providing an effective date.

  3

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

  5

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

  7  Statutes, is amended to read:

  8         163.3174  Local planning agency.--

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

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

11  shall designate and by ordinance establish a "local planning

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

13  Notwithstanding any special act to the contrary, all local

14  planning agencies or equivalent agencies that first review

15  rezoning and comprehensive plan amendments in each

16  municipality and county shall include a representative of the

17  school district appointed by the school board as a nonvoting

18  member of the local planning agency or equivalent agency to

19  attend those meetings at which the agency considers

20  comprehensive plan amendments and rezonings that would, if

21  approved, increase residential density on the property that is

22  the subject of the application, however, this subsection does

23  not prevent a local agency from granting voting status to the

24  school board member. The governing body may designate itself

25  as the local planning agency pursuant to this subsection with

26  the addition of a nonvoting school board representative. The

27  governing body shall notify the state land planning agency of

28  the establishment of its local planning agency. All local

29  planning agencies shall provide opportunities for involvement

30  by district school boards and applicable community college

31  boards, which may be accomplished by formal representation,

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  1  membership on technical advisory committees, or other

  2  appropriate means. The local planning agency shall prepare the

  3  comprehensive plan or plan amendment after hearings to be held

  4  after public notice and shall make recommendations to the

  5  governing body regarding the adoption or amendment of the

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

  7  planning department of the local government, or other

  8  instrumentality, including a countywide planning entity

  9  established by special act or a council of local government

10  officials created pursuant to s. 163.02, provided the

11  composition of the council is fairly representative of all the

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

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

14  effective date of this act which authorizes the governing

15  bodies to adopt and enforce a land use plan effective

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

17  agency for those local governments until such time as the

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

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

20  responsibility between the county and the several

21  municipalities therein shall be as stipulated in the charter.

22         Section 2.  Subsections (3) and (4) and paragraphs (a),

23  (c), and (h) of subsection (6) of section 163.3177, Florida

24  Statutes, are amended to read:

25         163.3177  Required and optional elements of

26  comprehensive plan; studies and surveys.--

27         (3)(a)  The comprehensive plan shall contain a capital

28  improvements element designed to consider the need for and the

29  location of public facilities in order to encourage the

30  efficient utilization of such facilities and set forth:

31

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  1         1.  A component which outlines principles for

  2  construction, extension, or increase in capacity of public

  3  facilities, as well as a component which outlines principles

  4  for correcting existing public facility deficiencies, which

  5  are necessary to implement the comprehensive plan.  The

  6  components shall cover at least a 5-year period.

  7         2.  Estimated public facility costs, including a

  8  delineation of when facilities will be needed, the general

  9  location of the facilities, and projected revenue sources to

10  fund the facilities.

11         3.  Standards to ensure the availability of public

12  facilities and the adequacy of those facilities including

13  acceptable levels of service.

14         4.  Standards for the management of debt.

15         (b)  The capital improvements element shall include a

16  schedule for building any water supply facilities that are

17  identified in the potable water element as necessary to meet

18  projected water demand to serve existing and new development.

19         (c)(b)  The capital improvements element shall be

20  reviewed on an annual basis and modified as necessary in

21  accordance with s. 163.3187 or s. 163.3189, except that

22  corrections, updates, and modifications concerning costs;

23  revenue sources; acceptance of facilities pursuant to

24  dedications which are consistent with the plan; or the date of

25  construction of any facility enumerated in the capital

26  improvements element may be accomplished by ordinance and

27  shall not be deemed to be amendments to the local

28  comprehensive plan.  All public facilities shall be consistent

29  with the capital improvements element.

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

31  with the comprehensive plans of adjacent municipalities, the

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

  2  water management district's regional water supply plans

  3  adopted pursuant to s. 373.0361; with the district water

  4  management plans adopted pursuant to s. 373.036(2), or

  5  successive plans; with adopted rules pertaining to designated

  6  areas of critical state concern; and with the state

  7  comprehensive plan shall be a major objective of the local

  8  comprehensive planning process.  To that end, in the

  9  preparation of a comprehensive plan or element thereof, and in

10  the comprehensive plan or element as adopted, the governing

11  body shall include a specific policy statement indicating the

12  relationship of the proposed development of the area to the

13  comprehensive plans of adjacent municipalities, the county,

14  adjacent counties, or the region and to the state

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

16  adopted plans or plans in preparation may exist.

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

18  government jurisdiction is or becomes part of a designated

19  area of critical state concern, the local government shall

20  clearly identify those portions of the local comprehensive

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

22  indicate the relationship of the proposed development of the

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

24         (6)  In addition to the requirements of subsections

25  (1)-(5), the comprehensive plan shall include the following

26  elements:

27         (a)  A future land use plan element designating

28  proposed future general distribution, location, and extent of

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

30  industry, agriculture, recreation, conservation, education,

31  public buildings and grounds, other public facilities, and

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

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

  3  the control and distribution of population densities and

  4  building and structure intensities.  The proposed

  5  distribution, location, and extent of the various categories

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

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

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

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

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

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

12  including the amount of land required to accommodate

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

14  character of undeveloped land; the availability of ground

15  water and surface water resources for present and future water

16  supplies and the potential for development of alternative

17  water supplies; the availability of public services; the need

18  for redevelopment, including the renewal of blighted areas and

19  the elimination of nonconforming uses which are inconsistent

20  with the character of the community; and, in rural

21  communities, the need for job creation, capital investment,

22  and economic development that will strengthen and diversify

23  the community's economy. The future land use plan may

24  designate areas for future planned development use involving

25  combinations of types of uses for which special regulations

26  may be necessary to ensure development in accord with the

27  principles and standards of the comprehensive plan and this

28  act. In addition, for rural communities, the amount of land

29  designated for future planned industrial use shall be based

30  upon surveys and studies that reflect the need for job

31  creation, capital investment, and the necessity to strengthen

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

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

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

  4  possible future municipal incorporation. The land use maps or

  5  map series shall generally identify and depict historic

  6  district boundaries and shall designate historically

  7  significant properties meriting protection.  The future land

  8  use element must clearly identify the land use categories in

  9  which public schools are an allowable use.  When delineating

10  the land use categories in which public schools are an

11  allowable use, a local government shall include in the

12  categories sufficient land proximate to residential

13  development to meet the projected needs for schools in

14  coordination with public school boards and may establish

15  differing criteria for schools of different type or size.

16  Each local government shall include lands contiguous to

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

18  the land use categories in which public schools are an

19  allowable use. All comprehensive plans must comply with the

20  school siting requirements of this paragraph no later than

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

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

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

24  amend the local comprehensive plan, except for plan amendments

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

26  requirements are met. Amendments An amendment proposed by a

27  local government for purposes of identifying the land use

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

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

30  163.31776(5) are is exempt from the limitation on the

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

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  1  future land use element shall include criteria that which

  2  encourage the location of schools proximate to urban

  3  residential areas to the extent possible and shall require

  4  that the local government seek to collocate public facilities,

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

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

  7  schools as focal points for neighborhoods. For schools serving

  8  predominantly rural counties, defined as a county with a

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

10  category shall be eligible for the location of public school

11  facilities if the local comprehensive plan contains school

12  siting criteria and the location is consistent with such

13  criteria.

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

15  potable water, and natural groundwater aquifer recharge

16  element correlated to principles and guidelines for future

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

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

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

20  detailed engineering plan including a topographic map

21  depicting areas of prime groundwater recharge. The element

22  shall describe the problems and needs and the general

23  facilities that will be required for solution of the problems

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

25  depicting any areas adopted by a regional water management

26  district as prime groundwater recharge areas for the Floridan

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

28  shall be given special consideration when the local government

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

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

31  surveys shall be provided which indicate the suitability of

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

  2  and Appraisal Report adoption deadline established for the

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

  4  occurs first, the element must also include data and analysis,

  5  including, but not limited to, the appropriate water

  6  management district's regional water supply plan adopted

  7  pursuant to s. 373.0361, or the district water management plan

  8  adopted pursuant to s. 373.036(2), which evaluates the

  9  availability of potable water compared to population growth

10  projected by the local government comprehensive plan.

11         (h)1.  An intergovernmental coordination element

12  showing relationships and stating principles and guidelines to

13  be used in the accomplishment of coordination of the adopted

14  comprehensive plan with the plans of school boards and other

15  units of local government providing services but not having

16  regulatory authority over the use of land, with the

17  comprehensive plans of adjacent municipalities, the county,

18  adjacent counties, the appropriate water management district,

19  or the region, and with the state comprehensive plan, as the

20  case may require and as such adopted plans or plans in

21  preparation may exist.  This element of the local

22  comprehensive plan shall demonstrate consideration of the

23  particular effects of the local plan, when adopted, upon the

24  development of adjacent municipalities, the county, adjacent

25  counties, or the region, or upon the state comprehensive plan,

26  as the case may require.

27         a.  The intergovernmental coordination element shall

28  provide for procedures to identify and implement joint

29  planning areas, especially for the purpose of annexation,

30  municipal incorporation, and joint infrastructure service

31  areas.

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  1         b.  The intergovernmental coordination element shall

  2  provide for recognition of campus master plans prepared

  3  pursuant to s. 240.155.

  4         c.  The intergovernmental coordination element may

  5  provide for a voluntary dispute resolution process as

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

  7  a timely manner intergovernmental disputes.  A local

  8  government may develop and use an alternative local dispute

  9  resolution process for this purpose.

10         2.  The intergovernmental coordination element shall

11  further state principles and guidelines to be used in the

12  accomplishment of coordination of the adopted comprehensive

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

14  government providing facilities and services but not having

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

16  intergovernmental coordination element shall describe joint

17  processes for collaborative planning and decisionmaking on

18  population projections and public school siting, the location

19  and extension of public facilities subject to concurrency, and

20  siting facilities with countywide significance, including

21  locally unwanted land uses whose nature and identity are

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

23  intergovernmental coordination elements, each county, all the

24  municipalities within that county, the district school board,

25  and any unit of local government service providers in that

26  county shall establish by interlocal or other formal agreement

27  executed by all affected entities, the joint processes

28  described in this subparagraph consistent with their adopted

29  intergovernmental coordination elements.

30         3.  To foster coordination between special districts

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

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  1  governments implement local comprehensive plans, each

  2  independent special district must submit a public facilities

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

  4  189.415.

  5         4.  For those local governments adopting a public

  6  educational facilities element pursuant to s. 163.31776, an

  7  interlocal agreement must be executed between the district

  8  school board, the county, and nonexempt municipalities, as

  9  defined by s. 163.31776(3). The interlocal agreement must

10  include:

11         a.  A description of how the coordination will be

12  achieved between local governments and the school board of a

13  uniform countywide school facility planning system based on

14  the local government's educational facilities element and the

15  school district's educational facility plan.

16         b.  A process for determining and using uniform

17  projections of the amount, type, and distribution of

18  population growth and student enrollment.

19         c.  A description of how the local governments and the

20  school board will share information on existing and planned

21  educational facilities and local government plans for

22  development and redevelopment.

23         d.  A process for the coordination of school siting

24  decisions between the local governments and the school board

25  which provides for the early involvement of the local

26  government in the identification of potential sites by the

27  school board and which includes criteria applied by the local

28  government to a school board's request for a comprehensive

29  plan amendment.

30         e.  A process for school district participation in the

31  review of comprehensive plan amendments and rezonings which

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  1  increase residential density and are reasonably expected to

  2  have an impact on public school facility demand which include:

  3         I.  The methodology and criteria for determining

  4  whether school facility capacity will be available at the time

  5  of projected demand;

  6         II.  Uniform, district-wide level-of-service standards

  7  for all public schools of the same type;

  8         III.  The adoption of capacity-determination

  9  methodologies, including student generation multipliers, into

10  the local government's public educational facilities element

11  and the school board's educational facilities plan; and

12         IV.  A methodology for determining proportionate share

13  mitigation.

14         f.  A dispute resolution process.  The state land

15  planning agency shall establish a schedule for phased

16  completion and transmittal of plan amendments to implement

17  subparagraphs 1., 2., and 3. from all jurisdictions so as to

18  accomplish their adoption by December 31, 1999.  A local

19  government may complete and transmit its plan amendments to

20  carry out these provisions prior to the scheduled date

21  established by the state land planning agency.  The plan

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

23         Section 3.  Section 163.31775, Florida Statutes, is

24  repealed.

25         Section 4.  Section 163.31776, Florida Statutes, is

26  created to read:

27         163.31776  Public educational facilities element.--

28         (1)  The intent of the Legislature is to establish a

29  systematic process for school boards and local governments to:

30

31

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  1         (a)  Share information concerning the growth and

  2  development trends in their communities in order to forecast

  3  future enrollment and school needs;

  4         (b)  Cooperatively plan for the provision of

  5  educational facilities to meet the current and projected needs

  6  of the public education system population, including the needs

  7  placed on the public education system as a result of growth

  8  and development decisions by local government; and

  9         (c)  Cooperatively identify and meet the infrastructure

10  needs of public schools to assure healthy school environments

11  and safe school access.

12         (2)  The Legislature finds that:

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

14  our communities and play a significant role in thousands of

15  individual housing decisions that result in community growth

16  trends.

17         (b)  Growth and development issues transcend the

18  boundaries and responsibilities of individual units of

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

20  implement policies to deal with these issues without affecting

21  other units of government.

22         (3)  A county, in conjunction with the municipalities

23  within the county, may adopt an optional public educational

24  facilities element in cooperation with the applicable school

25  district. In order to enact an optional public educational

26  facilities element, the county and each municipality, unless

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

28  adopt a consistent public educational facilities element and

29  enter the interlocal agreement pursuant to s. 163.3177(6)(h)4.

30  A municipality is exempt if it meets all the following

31  criteria:

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  1         (a)  The municipality has issued development orders for

  2  fewer than 50 residential dwelling units during the last 5

  3  years, or it has generated fewer than 25 additional public

  4  school students during the last 5 years;

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

  6  the last 5 years in land-use categories that permit

  7  residential uses that may affect school attendance rates;

  8         (c)  The municipality has no public schools located

  9  with its boundaries;

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

11  the boundaries of the municipality has been built upon; and

12         (e)  The municipality has not adopted a land-use

13  amendment that increases residential density for more than 50

14  residential units.

15         (4)  The public educational facilities element must be

16  based on data and analysis, including the interlocal agreement

17  defined by s. 163.3177(6)(h)4., and on the educational

18  facilities plan required by s. 235.185. Each local government

19  public educational facilities element within a county must be

20  consistent with the other elements and must address:

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

22  addressing improvements to infrastructure, safety, and

23  community conditions in areas proximate to existing public

24  schools.

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

26  infrastructure necessary to support proposed schools,

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

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

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

30  signalization.

31

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

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

  3  public schools.

  4         (d)  Location of schools proximate to residential areas

  5  and to complement patterns of development, including using

  6  elementary schools as focal points for neighborhoods.

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

  8  shelters.

  9         (f)  Consideration of the existing and planned capacity

10  of public schools when reviewing comprehensive plan amendments

11  and rezonings that are likely to increase residential

12  development and that are reasonably expected to have an impact

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

14  be based on uniform, districtwide level-of-service standards

15  for all public schools of the same type, availability

16  standards for public schools, and the financially feasible

17  5-year district facilities work program adopted by the school

18  board pursuant to s. 235.185.

19         (g)  A uniform methodology for determining school

20  capacity and proportionate-share mitigation consistent with

21  the interlocal agreement entered pursuant to s.

22  163.3177(6)(h)4.

23         (5)  The future land-use map series must incorporate

24  maps that are the result of a collaborative process for

25  identifying school sites in the educational facilities plan

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

27  show the locations of existing public schools and the general

28  locations of improvements to existing schools or new schools

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

30  periods, or such maps shall be data and analysis in support of

31  the future land-use map series. Maps indicating general

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  1  locations of future schools or school improvements should not

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

  3         (6)  The process for adopting a public educational

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

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

  6  school facilities element pursuant to the procedures outlined

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

  8  the Commissioner of Education for review and comment.

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

10  Statutes, is amended to read:

11         163.3180  Concurrency.--

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

13  local comprehensive plans applies to state and other public

14  facilities and development to the same extent that it applies

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

16         (b)  The concurrency requirement as implemented in

17  local comprehensive plans does not apply to public transit

18  facilities.  For the purposes of this paragraph, public

19  transit facilities include transit stations and terminals,

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

21  transit connection or transfer facilities, and fixed bus,

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

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

24  airports or seaports or commercial or residential development

25  constructed in conjunction with a public transit facility.

26         (c)  The concurrency requirement as implemented in

27  local government comprehensive plans may be waived by a local

28  government for urban infill and redevelopment areas designated

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

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

31  its local government comprehensive plan.

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

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

  3  163.3184, Florida Statutes, are amended to read:

  4         163.3184  Process for adoption of comprehensive plan or

  5  plan amendment.--

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

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

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

  9  operating a business within the boundaries of the local

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

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

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

13  governments that can demonstrate that the plan or plan

14  amendment will produce substantial impacts on the increased

15  need for publicly funded infrastructure or substantial impacts

16  on areas designated for protection or special treatment within

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

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

19  also have submitted oral or written comments, recommendations,

20  or objections to the local government during the period of

21  time beginning with the transmittal hearing for the plan or

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

23  plan amendment.

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

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

26  government adopts an educational facilities element, 163.3178,

27  163.3180, 163.3191, and 163.3245, with the state comprehensive

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

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

30  rule is not inconsistent with this part and with the

31

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  1  principles for guiding development in designated areas of

  2  critical state concern.

  3         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

  4  AMENDMENT.--

  5         (a)  Each local governing body shall transmit the

  6  complete proposed comprehensive plan or plan amendment to the

  7  state land planning agency, the appropriate regional planning

  8  council and water management district, the Department of

  9  Environmental Protection, the Department of State, and the

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

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

12  plans, to the Fish and Wildlife Conservation Commission and

13  the Department of Agriculture and Consumer Services,

14  immediately following a public hearing pursuant to subsection

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

16  procedural rules. The local governing body shall also transmit

17  a copy of the complete proposed comprehensive plan or plan

18  amendment to any other unit of local government or government

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

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

21  government may request a review by the state land planning

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

23  transmittal of an amendment.

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

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

26  to all state agencies designated by the state land planning

27  agency a complete copy of its adopted comprehensive plan

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

29  procedural rules. In the case of comprehensive plan

30  amendments, the local governing body shall transmit to the

31  state land planning agency, the appropriate regional planning

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  1  council and water management district, the Department of

  2  Environmental Protection, the Department of State, and the

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

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

  5  plans, to the Fish and Wildlife Conservation Commission and

  6  the Department of Agriculture and Consumer Services, the

  7  materials specified in the state land planning agency's

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

  9  a result of an evaluation and appraisal report adopted

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

11  appraisal report. Local governing bodies shall consolidate all

12  proposed plan amendments into a single submission for each of

13  the two plan amendment adoption dates during the calendar year

14  pursuant to s. 163.3187.

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

16  amendment previously transmitted pursuant to this subsection,

17  unless review is requested or otherwise initiated pursuant to

18  subsection (6).

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

20  multiple individual amendments that can be clearly and legally

21  separated and distinguished for the purpose of determining

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

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

24  amendments and the local government chooses to immediately

25  adopt the remaining amendments not reviewed, the amendments

26  immediately adopted and any reviewed amendments that the local

27  government subsequently adopts together constitute one

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

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

30  comprehensive plan amendment is requested or otherwise

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

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

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

  3  amendment to various government agencies, as appropriate, for

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

  5  Department of Environmental Protection, the Department of

  6  Transportation, the water management district, and the

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

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

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

10  provide comments to the state land planning agency within 30

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

12  complete proposed plan amendment. If the plan or plan

13  amendment includes or relates to the public school facilities

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

15  agency shall submit a copy to the Office of Educational

16  Facilities of the Commissioner of Education for review and

17  comment. The appropriate regional planning council shall also

18  provide its written comments to the state land planning agency

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

20  of the complete proposed plan amendment and shall specify any

21  objections, recommendations for modifications, and comments of

22  any other regional agencies to which the regional planning

23  council may have referred the proposed plan amendment. Written

24  comments submitted by the public within 30 days after notice

25  of transmittal by the local government of the proposed plan

26  amendment will be considered as if submitted by governmental

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

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

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

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

31  proposed plan amendment upon request of a regional planning

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  1  council, affected person, or local government transmitting the

  2  plan amendment. The request from the regional planning council

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

  4  30 days after transmittal of the proposed plan amendment

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

  6  of its objections, recommendations, and comments regarding the

  7  proposed plan amendment.  A regional planning council or

  8  affected person requesting a review shall do so by submitting

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

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

11  notice.

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

13  proposed plan amendment regardless of whether a request for

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

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

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

17  receipt of transmittal of the complete proposed plan amendment

18  pursuant to subsection (3).

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

20  rule a schedule for receipt of comments from the various

21  government agencies, as well as written public comments,

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

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

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

25  shall issue a report giving its objections, recommendations,

26  and comments regarding the proposed amendment within 60 days

27  after receipt of the complete proposed amendment by the state

28  land planning agency. The state land planning agency shall

29  have 30 days to review comments from the various government

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

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

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  1  agency shall transmit in writing its comments to the local

  2  government along with any objections and any recommendations

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

  4  has implemented a permitting program, the state land planning

  5  agency shall not require a local government to duplicate or

  6  exceed that permitting program in its comprehensive plan or to

  7  implement such a permitting program in its land development

  8  regulations.  Nothing contained herein shall prohibit the

  9  state land planning agency in conducting its review of local

10  plans or plan amendments from making objections,

11  recommendations, and comments or making compliance

12  determinations regarding densities and intensities consistent

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

14  the state land planning agency shall only base its

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

16  source.

17         (d)  The state land planning agency review shall

18  identify all written communications with the agency regarding

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

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

21  the local government all written communications received 30

22  days after transmittal. The written identification must

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

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

25  the documents to be identified and copies requested, if

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

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

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

29  planning agency.

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

31  PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government

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  1  shall review the written comments submitted to it by the state

  2  land planning agency, and any other person, agency, or

  3  government.  Any comments, recommendations, or objections and

  4  any reply to them shall be public documents, a part of the

  5  permanent record in the matter, and admissible in any

  6  proceeding in which the comprehensive plan or plan amendment

  7  may be at issue.  The local government, upon receipt of

  8  written comments from the state land planning agency, shall

  9  have 120 days to adopt or adopt with changes the proposed

10  comprehensive plan or s. 163.3191 plan amendments.  In the

11  case of comprehensive plan amendments other than those

12  proposed pursuant to s. 163.3191, the local government shall

13  have 60 days to adopt the amendment, adopt the amendment with

14  changes, or determine that it will not adopt the amendment.

15  The adoption of the proposed plan or plan amendment or the

16  determination not to adopt a plan amendment, other than a plan

17  amendment proposed pursuant to s. 163.3191, shall be made in

18  the course of a public hearing pursuant to subsection (15).

19  The local government shall transmit the complete adopted

20  comprehensive plan or adopted plan amendment, including the

21  names and addresses of person compiled pursuant to paragraph

22  (15)(c), to the state land planning agency as specified in the

23  agency's procedural rules within 10 working days after

24  adoption.  The local governing body shall also transmit a copy

25  of the adopted comprehensive plan or plan amendment to the

26  regional planning agency and to any other unit of local

27  government or governmental agency in the state that has filed

28  a written request with the governing body for a copy of the

29  plan or plan amendment.

30         (8)  NOTICE OF INTENT.--

31

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  1         (a)  Except as provided in s. 163.3187(3), the state

  2  land planning agency, upon receipt of a local government's

  3  complete adopted comprehensive plan or plan amendment, shall

  4  have 45 days for review and to determine if the plan or plan

  5  amendment is in compliance with this act, unless the amendment

  6  is the result of a compliance agreement entered into under

  7  subsection (16), in which case the time period for review and

  8  determination shall be 30 days.  If review was not conducted

  9  under subsection (6), the agency's determination must be based

10  upon the plan amendment as adopted.  If review was conducted

11  under subsection (6), the agency's determination of compliance

12  must be based only upon one or both of the following:

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

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

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

16  comprehensive plan or plan amendment as adopted.

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

18  subsection, the state land planning agency shall issue,

19  through a senior administrator or the secretary, as specified

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

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

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

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

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

25  The required advertisement shall be no less than 2 columns

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

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

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

29  legal notices and classified advertisements appear.  The

30  advertisement shall be published in a newspaper which meets

31  the size and circulation requirements set forth in paragraph

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

  2  affected local government at the time of transmittal of the

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

  4  notice of intent in the newspaper designated by the local

  5  government shall be prima facie evidence of compliance with

  6  the publication requirements of this section.

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

  8  this subparagraph shall supersede the provisions of

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

10  subsection, the state land planning agency shall issue,

11  through a senior administrator or the secretary, as specified

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

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

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

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

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

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

18  advertisement shall be published in a newspaper that meets the

19  size and circulation requirements set forth in paragraph

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

21  affected local government at the time of transmittal of the

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

23  notice of intent in the newspaper designated by the local

24  government shall be prima facie evidence of compliance with

25  the publication requirements of this section. The state land

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

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

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

29  send by regular mail a courtesy informational statement to

30  persons who provide their names and addresses to the local

31  government at the transmittal hearing or at the adoption

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  1  hearing where the local government has provided the names and

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

  3  transmittal of the adopted amendment. The informational

  4  statements shall include the name of the newspaper in which

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

  6  publication, the ordinance number of the plan or plan

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

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

  9  petition. This subparagraph expires July 1, 2002.

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

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

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

13  copy of the agency's notice of intent.

14         (15)  PUBLIC HEARINGS.--

15         (a)  The procedure for transmittal of a complete

16  proposed comprehensive plan or plan amendment pursuant to

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

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

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

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

21  comprehensive plan or plan amendment shall be by ordinance.

22  For the purposes of transmitting or adopting a comprehensive

23  plan or plan amendment, the notice requirements in chapters

24  125 and 166 are superseded by this subsection, except as

25  provided in this part.

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

27  advertised public hearings on the proposed comprehensive plan

28  or plan amendment as follows:

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

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

31

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

  2  advertisement is published.

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

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

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

  6  advertisement is published.

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

  8  at the transmittal hearing and at the adoption hearing for

  9  persons to provide their names and mailing addresses. The

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

11  requested information will receive a courtesy informational

12  statement concerning publications of the state land planning

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

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

15  submits written comments concerning the proposed plan or plan

16  amendment during the time period between the commencement of

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

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

19  providing written comments to accurately, completely, and

20  legibly provide all information needed in order to receive the

21  courtesy informational statement.

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

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

24  local government to satisfy the requirements of this

25  subsection.

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

27  amendment changes the actual list of permitted, conditional,

28  or prohibited uses within a future land use category or

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

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

31

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

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

  3         (16)  COMPLIANCE AGREEMENTS.--

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

  5  pursuant to a compliance agreement in accordance with the

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

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

  8  local government shall hold a single adoption public hearing

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

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

11  a plan amendment, the local government shall transmit the

12  amendment to the state land planning agency as specified in

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

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

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

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

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

18  ss. 120.569 and 120.57 granted intervenor status.

19         Section 7.  Paragraph (k) is added to subsection (1) of

20  section 163.3187, Florida Statutes, to read:

21         163.3187  Amendment of adopted comprehensive plan.--

22         (1)  Amendments to comprehensive plans adopted pursuant

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

24  calendar year, except:

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

26  educational facilities element pursuant to s. 163.31776 and

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

28  approved notwithstanding statutory limits on the frequency of

29  adopting plan amendments.

30

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

  2  163.3191, Florida Statutes, is amended and paragraph (l) is

  3  added to that subsection to read:

  4         163.3191  Evaluation and appraisal of comprehensive

  5  plan.--

  6         (2)  The report shall present an evaluation and

  7  assessment of the comprehensive plan and shall contain

  8  appropriate statements to update the comprehensive plan,

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

10  other media, related to:

11         (k)  The coordination of the comprehensive plan with

12  existing public schools and those identified in the applicable

13  educational 5-year school district facilities plan work

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

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

16  coordination of the future land use map and associated planned

17  residential development with public schools and their

18  capacities, as well as the joint decisionmaking processes

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

20  regard to establishing appropriate population projections and

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

22  issues are not relevant, the local government shall

23  demonstrate that they are not relevant.

24         (l)  An evaluation, based on data and analysis,

25  including, but not limited to, the appropriate water

26  management district's regional water supply plan adopted

27  pursuant to s. 373.0361, of the availability of potable water

28  compared to population growth projected by the local

29  government comprehensive plan and whether future water supply

30  development needs are addressed in the capital improvements

31  element.

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  1         Section 9.  Paragraph (c) of subsection (2) and

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

  3  amended to read:

  4         186.504  Regional planning councils; creation;

  5  membership.--

  6         (2)  Membership on the regional planning council shall

  7  be as follows:

  8         (c)  Representatives appointed by the Governor from the

  9  geographic area covered by the regional planning council,

10  including an elected school board member from the geographic

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

12  by the Florida School Board Association.

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

14  serving as voting members on the governing bodies of such

15  regional planning councils shall be elected officials of local

16  general-purpose governments chosen by the cities and counties

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

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

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

20  one elected school board member, subject to confirmation by

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

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

23  same county until each county within the region is represented

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

25  contained in this section shall deny to local governing bodies

26  or the Governor the option of appointing either locally

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

28  of the governing body of the regional planning council is

29  composed of locally elected officials.

30

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  1         Section 10.  Paragraph (a) of subsection (2) and

  2  subsection (6) of section 212.055, Florida Statutes, are

  3  amended to read:

  4         212.055  Discretionary sales surtaxes; legislative

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

  6  legislative intent that any authorization for imposition of a

  7  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

14  be expended; and such other requirements as the Legislature

15  may provide.  Taxable transactions and administrative

16  procedures shall be as provided in s. 212.054.

17         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

21  supermajority majority of the members of the county governing

22  authority or pursuant to ordinance enacted by a majority of

23  the members of the county governing authority and approved by

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

25  referendum on the surtax.  If the governing bodies of the

26  municipalities representing a majority of the county's

27  population adopt uniform resolutions establishing the rate of

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

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

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

31  county voting in the referendum on the surtax.

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

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

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

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

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

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

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

  8  ordinance enacted by a supermajority vote of the members of

  9  the county governing authority.

10

11  For purposes of this paragraph, the term "supermajority vote"

12  means an affirmative vote of a majority of the membership of

13  the governing authority plus one.

14         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

16  to resolution conditioned to take effect only upon approval by

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

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

19  not exceed 0.5 percent.

20         (b)  The resolution shall include a statement that

21  provides a brief and general description of the school capital

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

23  resolution must state that the district school board has been

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

25  Frugal Schools Program. The statement shall conform to the

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

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

28  shall be placed on the ballot:

29

30        ....FOR THE               ....CENTS TAX

31        ....AGAINST THE           ....CENTS TAX

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  1

  2         (c)  As an alternative method of levying the

  3  discretionary sales surtax, the district school board may

  4  levy, pursuant to resolution adopted by a supermajority of the

  5  members of the school board, a discretionary sales surtax at a

  6  rate not to exceed 0.5 percent when the following conditions

  7  are met:

  8         1.  The district school board and local governments in

  9  the county where the school district is located have adopted

10  the interlocal agreement and public educational facilities

11  element required by s. 163.31776; and

12         2.  The district school board has adopted a district

13  educational facilities plan pursuant to s. 235.185.

14

15  For purposes of this paragraph, the term "supermajority vote"

16  means an affirmative vote of a majority of the membership of

17  the school board plus one.

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

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

20  proceeds for fixed capital expenditures or fixed capital costs

21  associated with the construction, reconstruction, or

22  improvement of school facilities and campuses which have a

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

24  acquisition, land improvement, design, and engineering costs

25  related thereto. Additionally, the plan shall include the

26  costs of retrofitting and providing for technology

27  implementation, including hardware and software, for the

28  various sites within the school district.  Surtax revenues may

29  be used for the purpose of servicing bond indebtedness to

30  finance projects authorized by this subsection, and any

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

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

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

  3  district school board has been recognized by the State Board

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

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

  6  consistent with this subsection and with uses assured under

  7  the Florida Frugal Schools Program.

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

  9  implement a freeze on noncapital local school property taxes,

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

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

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

13  shall not apply to existing debt service or required state

14  taxes.

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

16  Revenue pursuant to this subsection shall be distributed to

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

18         Section 11.  Section 235.002, Florida Statutes, is

19  amended to read:

20         235.002  Intent.--

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

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

23  system the availability of an educational environment

24  appropriate to his or her educational needs which is

25  substantially equal to that available to any similar student,

26  notwithstanding geographic differences and varying local

27  economic factors, and to provide facilities for the Florida

28  School for the Deaf and the Blind and other educational

29  institutions and agencies as may be defined by law.

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

31  construction techniques, and financing mechanisms in building

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  1  educational facilities for the purposes purpose of reducing

  2  costs to the taxpayer, creating a more satisfactory

  3  educational environment, and reducing the amount of time

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

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

  6  law.

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

  8  educational facilities construction plans can meet the current

  9  and projected needs of the public education system population

10  as quickly as possible by building uniform, sound educational

11  environments and to provide a sound base for planning for

12  educational facilities needs.

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

14  wide a range of fiscally sound financing methodologies as

15  possible for the delivery of educational facilities and, where

16  appropriate, for their construction, operation, and

17  maintenance.

18         (d)  Establish a systematic process of sharing

19  information between school boards and local governments on the

20  growth and development trends in their communities in order to

21  forecast future enrollment and school needs.

22         (e)  Establish a systematic process by which school

23  boards and local governments can cooperatively plan for the

24  provision of educational facilities to meet the current and

25  projected needs of the public education system, including the

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

27  growth and development decisions by local governments.

28         (f)  Establish a systematic process by which local

29  governments and school boards can cooperatively identify and

30  meet the infrastructure needs of public schools.

31         (2)  The Legislature finds and declares that:

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

  2  our communities and play a significant role in the thousands

  3  of individual housing decisions that result in community

  4  growth trends.

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

  6  boundaries and responsibilities of individual units of

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

  8  implement policies to deal with these issues without affecting

  9  other units of government.

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

11  educational facilities and services enhances is essential to

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

13  this state.

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

15  impacts community infrastructure and services.  Assuring

16  coordinated and cooperative provision of such facilities and

17  associated infrastructure and services is in the best interest

18  of the state.

19         Section 12.  Section 235.15, Florida Statutes, is

20  amended to read:

21         235.15  Educational plant survey; localized need

22  assessment; PECO project funding.--

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

24  Board of Regents, shall arrange for an educational plant

25  survey, to aid in formulating plans for housing the

26  educational program and student population, faculty,

27  administrators, staff, and auxiliary and ancillary services of

28  the district or campus, including consideration of the local

29  comprehensive plan. The Office Division of Workforce and

30  Economic Development shall document the need for additional

31  career and adult education programs and the continuation of

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  1  existing programs before facility construction or renovation

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

  3  educational plant survey of a school district or community

  4  college that delivers career or adult education programs.

  5  Information used by the Office Division of Workforce and

  6  Economic Development to establish facility needs must include,

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

  8  and information submitted by the school district or community

  9  college.

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

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

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

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

14  Educational Facilities and SMART Schools Clearinghouse within

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

16  shall include at least an inventory of existing educational

17  and ancillary plants, including safe access facilities;

18  recommendations for existing educational and ancillary plants;

19  recommendations for new educational or ancillary plants,

20  including the general location of each in coordination with

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

22  plan update and detail for community colleges; the utilization

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

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

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

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

27  board or commissioner.

28         (b)  Required need assessment criteria for district,

29  community college, college and state university plant

30  surveys.--Each Educational plant surveys survey completed

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

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  1  criteria specified in this paragraph.  Each educational plant

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

  3  1998, must be revised, if necessary, to comply with this

  4  paragraph.  Each revised educational plant survey and each new

  5  educational plant survey supersedes previous surveys.

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

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

  8  235.185. Each school district's educational plant survey must

  9  reflect the capacity of existing satisfactory facilities as

10  reported in the Florida Inventory of School Houses.

11  Projections of facility space needs may not exceed the norm

12  space and occupant design criteria established by the State

13  Requirements for Educational Facilities. Existing and

14  projected capital outlay full-time equivalent student

15  enrollment must be consistent with data prepared by the

16  department and must include all enrollment used in the

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

18  satisfactory relocatable classrooms, including those owned,

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

20  included in the school district inventory of gross capacity of

21  facilities and must be counted at actual student capacity for

22  purposes of the inventory. For future needs determination,

23  student capacity shall not be assigned to any relocatable

24  classroom that is scheduled for elimination or replacement

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

26  educational plant survey and in the district facilities work

27  program adopted under s. 235.185. Those relocatables clearly

28  identified and scheduled for replacement in a school board

29  adopted financially feasible 5-year district facilities work

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

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

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  1  if the district facilities work program is changed or altered

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

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

  4  counting at actual capacity. Relocatables may not be

  5  perpetually added to the work program and continually extended

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

  7  remaining relocatable classrooms, including those owned,

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

  9  counted at actual student capacity. The educational plant

10  survey shall identify the number of relocatable student

11  stations scheduled for replacement during the 5-year survey

12  period and the total dollar amount needed for that

13  replacement. All district educational plant surveys revised

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

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

16  accordance with the recommendations of the department's report

17  authorized in s. 235.056. A definition of satisfactory

18  relocatable classrooms shall be established by rule of the

19  department.

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

21  facility, or cooperative vocational education facility must be

22  based on capital outlay full-time equivalent student

23  enrollment data prepared by the department for school

24  districts, community colleges, colleges and universities by

25  the Division of Community Colleges for community colleges, and

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

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

28  respective space needs of the school districts, community

29  colleges, colleges and universities, as appropriate.

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

31  not exceed the norm space and occupant design criteria

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  1  established by the State Requirements for Educational

  2  Facilities.

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

  4  capacity of existing facilities as specified in the inventory

  5  maintained by the Division of Community Colleges. Projections

  6  of facility space needs must comply with standards for

  7  determining space needs as specified by rule of the Florida

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

  9  outlay student enrollment must be consistent with the annual

10  report of capital outlay full-time student enrollment prepared

11  by the Division of Community Colleges.

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

13  reflect the capacity of existing facilities as specified in

14  the inventory maintained and validated by the Division of

15  Colleges and Universities Board of Regents. Projections of

16  facility space needs must be consistent with standards for

17  determining space needs approved by the Division of Colleges

18  and Universities Board of Regents. The projected capital

19  outlay full-time equivalent student enrollment must be

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

21  State University System approved by the Division of Colleges

22  and Universities Board of Regents.

23         5.  The district educational facilities plan

24  educational plant survey of a school district and the

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

26  or state university may include space needs that deviate from

27  approved standards for determining space needs if the

28  deviation is justified by the district or institution and

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

30  appropriate, as necessary for the delivery of an approved

31  educational program.

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

  2  Facilities and SMART Schools Clearinghouse department shall

  3  review and validate the surveys of school districts, and

  4  community colleges, and colleges and universities, and any

  5  amendments thereto for compliance with the requirements of

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

  7  shall recommend those in compliance for approval by the

  8  Florida State Board of Education.

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

10  or the university president shall certify to the Office of

11  Educational Facilities and SMART Schools Clearinghouse

12  department a project's compliance with the requirements for

13  expenditure of PECO funds prior to release of funds.

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

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

16  Educational Facilities and SMART Schools Clearinghouse

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

18  in compliance with the board-approved survey recommendations,

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

20  and the limiting criteria for expenditures of PECO funding,

21  and that the plan is consistent with the local government

22  comprehensive plan.

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

24  certification must be made to the Office of Educational

25  Facilities and SMART Schools Clearinghouse department that the

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

27  board-approved survey recommendations, that the project meets

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

29  expenditures of PECO funding, and that the construction

30  documents meet the requirements of the Florida State Uniform

31

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  1  Building Code for Educational Facilities Construction or other

  2  applicable codes as authorized in this chapter.

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

  4  Statutes, is amended to read:

  5         235.175  SMART schools; Classrooms First; legislative

  6  purpose.--

  7         (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN WORK

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

  9  235.185, requiring each school district annually to adopt an

10  educational facilities plan that provides an integrated

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

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

13  purpose of the educational facilities plan district facilities

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

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

16  using sound policies and practices that meet the essential

17  needs of students and that warrant public confidence in

18  district operations. The educational facilities plan district

19  facilities work program will be monitored by the Office of

20  Educational Facilities and SMART Schools Clearinghouse, which

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

22         Section 14.  Section 235.18, Florida Statutes, is

23  amended to read:

24         235.18  Annual capital outlay budget.--Each board,

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

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

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

28  well understood by the public. This capital outlay budget

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

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

31  educational plant and ancillary facilities plan. This budget

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  1  shall designate the proposed capital outlay expenditures by

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

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

  4  amended. Each district school board must prepare its tentative

  5  district education facilities plan facilities work program as

  6  required by s. 235.185 before adopting the capital outlay

  7  budget.

  8         Section 15.  Section 235.185, Florida Statutes, is

  9  amended to read:

10         235.185  School district educational facilities plan

11  work program; definitions; preparation, adoption, and

12  amendment; long-term work programs.--

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

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

15  comprehensive planning document that is adopted annually by

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

17  that contains the educational plant survey.

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

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

20  as provided in subsection (3).

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

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

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

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

25  facilities plan, which is required in order to:

26         1.  To Properly maintain the educational plant and

27  ancillary facilities of the district.

28         2.  To Provide an adequate number of satisfactory

29  student stations for the projected student enrollment of the

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

31  235.062.

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

  2  comprehensive planning document prepared annually by the

  3  district school board and submitted to the Office of

  4  Educational Facilities and SMART Schools Clearinghouse and the

  5  affected general-purpose local governments.

  6         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

  7  FACILITIES PLAN WORK PROGRAM.--

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

  9  school budget, each school board shall prepare a tentative

10  district educational facilities plan that includes long-range

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

12  20-year periods. The plan must be developed in coordination

13  with the general-purpose local governments and be consistent

14  with the local government comprehensive plans. The school

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

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

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

18  work program that includes:

19         1.  Projected student populations apportioned

20  geographically at the local level. The projections must be

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

22  education estimating conferences pursuant to s. 216.136, where

23  available, as modified by the district based on development

24  data and agreement with the local governments and the Office

25  of Educational Facilities and SMART Schools Clearinghouse. The

26  projections must be apportioned geographically with assistance

27  from the local governments using local development trend data

28  and the school district student enrollment data.

29         2.  An inventory of existing school facilities. Any

30  anticipated expansions or closures of existing school sites

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

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  1  identified. The inventory must include an assessment of areas

  2  proximate to existing schools and identification of the need

  3  for improvements to infrastructure, safety, including safe

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

  5  also provide a listing of major repairs and renovation

  6  projects anticipated over the period of the plan.

  7         3.  Projections of facilities space needs, which may

  8  not exceed the norm space and occupant design criteria

  9  established in the State Requirements for Educational

10  Facilities.

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

12  and relocatables used for conducting the district's

13  instructional programs.

14         5.  The general location of public schools proposed to

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

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

17  acreage needs and anticipated capacity and maps showing the

18  general locations. The school board's identification of

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

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

21  in the comprehensive plan which provide guidance for

22  appropriate locations for school sites.

23         6.  The identification of options deemed reasonable and

24  approved by the school board which reduce the need for

25  additional permanent student stations. Such options may

26  include, but need not be limited to:

27         a.  Acceptable capacity;

28         b.  Redistricting;

29         c.  Busing;

30         d.  Year-round schools; and

31         e.  Charter schools.

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

  2  local government and the school board, for determining the

  3  impact of proposed development to public school capacity.

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

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

  6  program must include:

  7         1.  A schedule of major repair and renovation projects

  8  necessary to maintain the educational facilities plant and

  9  ancillary facilities of the district.

10         2.  A schedule of capital outlay projects necessary to

11  ensure the availability of satisfactory student stations for

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

13  schedule shall consider:

14         a.  The locations, capacities, and planned utilization

15  rates of current educational facilities of the district. The

16  capacity of existing satisfactory facilities, as reported in

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

18  capital outlay full-time-equivalent student enrollment as

19  determined by the department, including all enrollment used in

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

21         b.  The proposed locations of planned facilities,

22  whether those locations are consistent with the comprehensive

23  plans of all affected local governments, and recommendations

24  for infrastructure and other improvements to land adjacent to

25  existing facilities. The provisions of ss. 235.19 and

26  235.193(4), (5), and (6) must be addressed for new facilities

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

28  appropriate.

29         c.  Plans for the use and location of relocatable

30  facilities, leased facilities, and charter school facilities.

31

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  1         d.  Plans for multitrack scheduling, grade level

  2  organization, block scheduling, or other alternatives that

  3  reduce the need for additional permanent student stations.

  4         e.  Information concerning average class size and

  5  utilization rate by grade level within the district which that

  6  will result if the tentative district facilities work program

  7  is fully implemented. The average shall not include

  8  exceptional student education classes or prekindergarten

  9  classes.

10         f.  The number and percentage of district students

11  planned to be educated in relocatable facilities during each

12  year of the tentative district facilities work program. For

13  determining future needs, student capacity may not be assigned

14  to any relocatable classroom that is scheduled for elimination

15  or replacement with a permanent educational facility in the

16  current year of the adopted district educational facilities

17  plan and in the district facilities work program adopted under

18  this section. Those relocatable classrooms clearly identified

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

20  financially feasible, 5-year district facilities work program

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

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

23  district facilities work program is changed and the

24  relocatable classrooms are not replaced as scheduled in the

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

26  and be counted at actual capacity. Relocatable classrooms may

27  not be perpetually added to the work program or continually

28  extended for purposes of circumventing this section. All

29  relocatable classrooms not identified and scheduled for

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

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

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  1  capacity. The district educational facilities plan must

  2  identify the number of relocatable student stations scheduled

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

  4  dollar amount needed for that replacement.

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

  6  plans for disposition of the facility or usage of facility

  7  space, and anticipated revenues.

  8         h.  Projects for which capital outlay and debt service

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

10  Constitution are to be used shall be identified separately in

11  priority order on a project priority list within the district

12  facilities work program.

13         3.  The projected cost for each project identified in

14  the tentative district facilities work program. For proposed

15  projects for new student stations, a schedule shall be

16  prepared comparing the planned cost and square footage for

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

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

19  facilities constructed throughout the state during the most

20  recent fiscal year for which data is available from the

21  Department of Education.

22         4.  A schedule of estimated capital outlay revenues

23  from each currently approved source which is estimated to be

24  available for expenditure on the projects included in the

25  tentative district facilities work program.

26         5.  A schedule indicating which projects included in

27  the tentative district facilities work program will be funded

28  from current revenues projected in subparagraph 4.

29         6.  A schedule of options for the generation of

30  additional revenues by the district for expenditure on

31  projects identified in the tentative district facilities work

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  1  program which are not funded under subparagraph 5. Additional

  2  anticipated revenues may include effort index grants, SIT

  3  Program awards, and Classrooms First funds.

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

  5  educational facilities plan work program shall be based on

  6  information produced by the demographic, revenue, and

  7  education estimating conferences pursuant to s. 216.136.

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

  9  concerning the tentative district educational facilities plan

10  work program.

11         (e)  The district school board shall coordinate with

12  each affected local government to ensure consistency between

13  the tentative district educational facilities plan and the

14  local government comprehensive plans of the affected local

15  governments during the development of the tentative district

16  educational facilities plan.

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

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

19  contract with a qualified, independent third party to conduct

20  a financial management and performance audit of the

21  educational planning and construction activities of the

22  district. An audit conducted by the Auditor General satisfies

23  this requirement.

24         (3)  SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL

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

26  board shall submit a copy of its tentative district

27  educational facilities plan to all affected local governments

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

29  shall review the tentative district educational facilities

30  plan and comment to the district school board on the

31  consistency of the plan with the local comprehensive plan,

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  1  whether a comprehensive plan amendment will be necessary for

  2  any proposed educational facility, and whether the local

  3  government supports a necessary comprehensive plan amendment.

  4  If the local government does not support a comprehensive plan

  5  amendment for a proposed educational facility, the matter

  6  shall be resolved pursuant to the interlocal agreement

  7  required by ss. 163.3177(6)(h) and 235.193(2). The process for

  8  the submittal and review shall be detailed in the interlocal

  9  agreement required pursuant to ss. 163.3177(6)(h) and

10  235.193(2).

11         (4)(3)  ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN

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

13  consider and adopt the tentative district educational

14  facilities plan work program completed pursuant to subsection

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

16  governments and opportunity for public comment, the district

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

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

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

20  sources which may become available. The adopted district

21  educational facilities plan work program shall:

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

23  capital outlay financial plan for the district.

24         (b)  Set forth the proposed commitments and planned

25  expenditures of the district to address the educational

26  facilities needs of its students and to adequately provide for

27  the maintenance of the educational plant and ancillary

28  facilities, including safe access ways from neighborhoods to

29  schools.

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 educational facilities plan work program

  4  shall include the information required in subparagraphs

  5  (2)(b)1., 2., and 3. (2)(a)1., 2., and 3., based upon projects

  6  actually funded in the plan 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)  Before acquiring property for sites, each board

  2  shall determine the location of proposed educational centers

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

  4  board shall consider existing and anticipated site needs and

  5  the most economical and practicable locations of sites.  The

  6  board shall coordinate with the long-range or comprehensive

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

  8  assure the consistency compatibility of such plans with site

  9  planning. Boards are encouraged to locate district educational

10  facilities schools proximate to urban residential areas to the

11  extent possible, and shall seek to collocate district

12  educational facilities schools with other public facilities,

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

14  possible, and to encourage using elementary schools as focal

15  points for neighborhoods.

16         (2)  Each new site selected must be adequate in size to

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

18  that site by the original educational facility or future

19  expansions of the facility through renovation or the addition

20  of relocatables. The Commissioner of Education shall prescribe

21  by rule recommended sizes for new sites according to

22  categories of students to be housed and other appropriate

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

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

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

26  appropriate and equitable educational program on the site.

27         (3)  Sites recommended for purchase, or purchased, in

28  accordance with chapter 230 or chapter 240 must meet standards

29  prescribed therein and such supplementary standards as the

30  school board commissioner prescribes to promote the

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

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  1  drained and suitable for outdoor educational purposes as

  2  appropriate for the educational program or collocated with

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

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

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

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

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

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

  9  which conditions, would be likely to interfere with the

10  educational program. To the extent practicable, sites must be

11  chosen which will provide safe access from neighborhoods to

12  schools.

13         (4)  It shall be the responsibility of the board to

14  provide adequate notice to appropriate municipal, county,

15  regional, and state governmental agencies for requested

16  traffic control and safety devices so they can be installed

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

18  itself that every reasonable effort has been made in

19  sufficient time to secure the installation and operation of

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

21  shall also be the responsibility of the board to review

22  annually traffic control and safety device needs and to

23  request all necessary changes indicated by such review.

24         (5)  Each board may request county and municipal

25  governments to construct and maintain sidewalks and bicycle

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

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

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

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

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

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

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  1  are transported regularly between their homes and the school

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

  3  after discovering or becoming aware of the hazard, excluding

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

  5  the governmental entity within the jurisdiction of which the

  6  hazard is located. Within 5 days after receiving notification

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

  8  holidays, the governmental entity shall investigate the

  9  hazardous condition and either correct it or provide such

10  precautions as are practicable to safeguard students until the

11  hazard can be permanently corrected. However, if the

12  governmental entity that has jurisdiction determines upon

13  investigation that it is impracticable to correct the hazard,

14  or if the entity determines that the reported condition does

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

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

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

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

19  correcting the condition. The governmental entity, to the

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

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

22  arising out of the hazardous condition.

23         (6)  If the school board and local government have

24  entered into an interlocal agreement pursuant to ss.

25  163.3177(6)(h)4. and 235.193(2) and have developed a process

26  to ensure consistency between the local government

27  comprehensive plan and the school district educational

28  facilities plan, site planning and selection must be

29  consistent with the interlocal agreements and the plans.

30         Section 18.  Section 235.193, Florida Statutes, is

31  amended to read:

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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. In

25  addition, all parties to the planning process must consult

26  with state and local road departments to assist in

27  implementing the Safe Paths to Schools program administered by

28  the Department of Transportation.

29         (2)  When a county and nonexempt municipalities elect

30  to adopt an educational facilities element pursuant to s.

31  163.31776, and adopt an interlocal agreement pursuant to s.

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  1  163.3177(6)(h)4., the school board, county, and nonexempt

  2  municipalities shall enter into an interlocal agreement that

  3  establishes a process for developing a coordinated and

  4  consistent local government public educational facilities

  5  element and a district educational facilities plan. The

  6  interlocal agreement must include:

  7         (a)  A description of how the coordination will be

  8  achieved between local governments and the school board of a

  9  uniform countywide school facility planning system based on

10  the local government's educational facilities element and the

11  school district's educational facility plan.

12         (b)  A process for determining and using uniform

13  projections of the amount, type, and distribution of

14  population growth and student enrollment.

15         (c)  A description of how the local governments and the

16  school board will share information on existing and planned

17  educational facilities and local government plans for

18  development and redevelopment.

19         (d)  A process for the coordination of school siting

20  decisions between the local governments and the school board

21  which provides for the early involvement of the local

22  government in the identification of potential sites by the

23  school board and which includes criteria applied by the local

24  government to a school board's request for a comprehensive

25  plan amendment.

26         (e)  A process for school district participation in the

27  review of comprehensive plan amendments and rezonings that

28  increase residential density and that are reasonably expected

29  to have an impact on public school facility demand which

30  includes:

31

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  1         1.  The methodology and criteria for determining

  2  whether school facility capacity will be available at the time

  3  of projected demand;

  4         2.  Uniform, district-wide level-of-service standards

  5  for all public schools of the same type;

  6         3.  The adoption of capacity-determination

  7  methodologies, including student generation multipliers, into

  8  the local government's public educational facilities element

  9  and the school board's educational facilities plan; and

10         4.  A methodology for determining proportionate share

11  mitigation.

12         (f)  A dispute resolution process.

13         (3)(2)  A school board and the local governing body

14  must share and coordinate information related to existing and

15  planned public school facilities; proposals for development,

16  redevelopment, or additional development; and infrastructure

17  required to support the public school facilities, concurrent

18  with proposed development. A school board shall use

19  information produced by the demographic, revenue, and

20  education estimating conferences pursuant to s. 216.136

21  Department of Education enrollment projections when preparing

22  the 5-year district educational facilities plan work program

23  pursuant to s. 235.185, as modified and agreed to by the local

24  governments, when provided by interlocal agreement, and the

25  Office of Educational Facilities and SMART Schools

26  Clearinghouse, in and a school board shall affirmatively

27  demonstrate in the educational facilities report consideration

28  of local governments' population projections, to ensure that

29  the district educational facilities plan 5-year work program

30  not only reflects enrollment projections but also considers

31  applicable municipal and county growth and development

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  1  projections. The projections must be apportioned

  2  geographically with assistance from the local governments

  3  using local government trend data and the school district

  4  student enrollment data. A school board is precluded from

  5  siting a new school in a jurisdiction where the school board

  6  has failed to provide the annual educational facilities plan

  7  report for the prior year required pursuant to s. 235.185 s.

  8  235.194 unless the failure is corrected.

  9         (4)(3)  The location of public educational facilities

10  shall be consistent with the comprehensive plan of the

11  appropriate local governing body developed under part II of

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

13  development regulations, to the extent that the regulations

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

15  specifically addressed by this chapter or the State Uniform

16  Building Code, unless mutually agreed by the local government

17  and the board.

18         (5)(4)  To improve coordination relative to potential

19  educational facility sites, a board shall provide written

20  notice to the local government that has regulatory authority

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

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

23  public educational facility.  The local government, upon

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

25  if the site proposed for acquisition or lease is consistent

26  with the land use categories and policies of the local

27  government's comprehensive plan.  This preliminary notice does

28  not constitute the local government's determination of

29  consistency pursuant to subsection (6) (5).

30         (6)(5)  As early in the design phase as feasible, but

31  at least before commencing construction of a new public

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  1  educational facility, the local governing body that regulates

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

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

  4  request for a determination, whether a proposed public

  5  educational facility is consistent with the local

  6  comprehensive plan and consistent with local land development

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

  8  conflict with or the subject regulated is not specifically

  9  addressed by this chapter or the Florida State Uniform

10  Building Code, unless mutually agreed. If the determination is

11  affirmative, school construction may proceed and further local

12  government approvals are not required, except as provided in

13  this section. Failure of the local governing body to make a

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

15  request for a determination of consistency shall be considered

16  an approval of the school board's application.

17         (7)(6)  A local governing body may not deny the site

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

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

20  with the comprehensive plan's future land use policies and

21  categories in which public schools are identified as allowable

22  uses, the local government may not deny the application but it

23  may impose reasonable development standards and conditions in

24  accordance with s. 235.34(1) and consider the site plan and

25  its adequacy as it relates to environmental concerns, health,

26  safety and welfare, and effects on adjacent property.

27  Standards and conditions may not be imposed which conflict

28  with those established in this chapter or the Florida State

29  Uniform Building Code, unless mutually agreed.

30         (8)(7)  This section does not prohibit a local

31  governing body and district school board from agreeing and

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  1  establishing an alternative process for reviewing a proposed

  2  educational facility and site plan, and offsite impacts,

  3  pursuant to an interlocal agreement adopted in accordance with

  4  this section.

  5         (9)(8)  Existing schools shall be considered consistent

  6  with the applicable local government comprehensive plan

  7  adopted under part II of chapter 163. The collocation of a new

  8  proposed public educational facility with an existing public

  9  educational facility, or the expansion of an existing public

10  educational facility is not inconsistent with the local

11  comprehensive plan, if the site is consistent with the

12  comprehensive plan's future land use policies and categories

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

14  levels of service adopted by the local government for any

15  facilities affected by the proposed location for the new

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

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

18  impose reasonable development standards and conditions on the

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

20  Standards and conditions may not be imposed which conflict

21  with those established in this chapter or the Florida State

22  Uniform Building Code, unless mutually agreed. Local

23  government review or approval is not required for:

24         (a)  The placement of temporary or portable classroom

25  facilities; or

26         (b)  Proposed renovation or construction on existing

27  school sites, with the exception of construction that changes

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

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

30  as mutually agreed.

31

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  1         Section 19.  Section 235.194, Florida Statutes, is

  2  repealed.

  3         Section 20.  Section 235.218, Florida Statutes, is

  4  amended to read:

  5         235.218  School district educational facilities plan

  6  work program performance and productivity standards;

  7  development; measurement; application.--

  8         (1)  The Office of Educational Facilities and SMART

  9  Schools Clearinghouse shall develop and adopt measures for

10  evaluating the performance and productivity of school district

11  educational facilities plans work programs. The measures may

12  be both quantitative and qualitative and must, to the maximum

13  extent practical, assess those factors that are within the

14  districts' control.  The measures must, at a minimum, assess

15  performance in the following areas:

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

17         (b)  Efficient finance and administration.

18         (c)  Optimal school and classroom size and utilization

19  rate.

20         (d)  Safety.

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

22  capacity improvements that consider demographic projections.

23         (f)  Level of district local effort.

24         (2)  The office clearinghouse shall establish annual

25  performance objectives and standards that can be used to

26  evaluate district performance and productivity.

27         (3)  The office clearinghouse shall conduct ongoing

28  evaluations of district educational facilities program

29  performance and productivity, using the measures adopted under

30  this section. If, using these measures, the office

31  clearinghouse finds that a district failed to perform

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  1  satisfactorily, the office clearinghouse must recommend to the

  2  district school board actions to be taken to improve the

  3  district's performance.

  4         Section 21.  Paragraph (c) of subsection (2) of section

  5  235.2197, Florida Statutes, is amended to read:

  6         235.2197  Florida Frugal Schools Program.--

  7         (2)  The "Florida Frugal Schools Program" is created to

  8  recognize publicly each district school board that agrees to

  9  build frugal yet functional educational facilities and that

10  implements "best financial management practices" when

11  planning, constructing, and operating educational facilities.

12  The Florida State Board of Education shall recognize a

13  district school board as having a Florida Frugal Schools

14  Program if the district requests recognition and satisfies two

15  or more of the following criteria:

16         (c)  The district school board submits a plan to the

17  Commissioner of Education certifying how the revenues

18  generated by the levy of the capital outlay sales surtax

19  authorized by s. 212.055(6) will be spent. The plan must

20  include at least the following assurances about the use of the

21  proceeds of the surtax and any accrued interest:

22         1.  The district school board will use the surtax and

23  accrued interest only for the fixed capital outlay purposes

24  identified by s. 212.055(6)(d) which will reduce school

25  overcrowding that has been validated by the Department of

26  Education, or for the repayment of bonded indebtedness related

27  to such capital outlay purposes.

28         2.  The district school board will not spend the surtax

29  or accrued interest to pay for operational expenses or for the

30  construction, renovation, or remodeling of any administrative

31  building or any other ancillary facility that is not directly

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  1  related to the instruction, feeding, or transportation of

  2  students enrolled in the public schools.

  3         3.  The district school board's use of the surtax and

  4  accrued interest will be consistent with the best financial

  5  management practices identified and approved under s.

  6  230.23025.

  7         4.  The district school board will apply the

  8  educational facilities contracting and construction techniques

  9  authorized by s. 235.211 or other construction management

10  techniques to reduce the cost of educational facilities.

11         5.  The district school board will discontinue the

12  surtax levy when the district has provided the

13  survey-recommended educational facilities that were determined

14  to be necessary to relieve school overcrowding; when the

15  district has satisfied any bonded indebtedness incurred for

16  such educational facilities; or when the district's other

17  sources of capital outlay funds are sufficient to provide such

18  educational facilities, whichever occurs first.

19         6.  The district school board will use any excess

20  surtax collections or accrued interest to reduce the

21  discretionary outlay millage levied under s. 236.25(2).

22         Section 22.  Section 235.321, Florida Statutes, is

23  amended to read:

24         235.321  Changes in construction requirements after

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

26  written policy duly adopted and entered in its official

27  minutes, authorize the superintendent or president or other

28  designated individual to approve change orders in the name of

29  the board for preestablished amounts.  Approvals shall be for

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

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

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  1  accountability, the school district shall monitor and report

  2  the impact of change orders on its district educational

  3  facilities plan work program pursuant to s. 235.185.

  4         Section 23.  Paragraph (d) of subsection (5) of section

  5  236.25, Florida Statutes, is amended to read:

  6         236.25  District school tax.--

  7         (5)

  8         (d)  Notwithstanding any other provision of this

  9  subsection, if through its adopted educational facilities plan

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

11  ancillary plant, has provided opportunity for public input as

12  to the relative value of the ancillary plant versus an

13  educational plant, and has obtained public approval, the

14  district may use revenue generated by the millage levy

15  authorized by subsection (2) for the acquisition,

16  construction, renovation, remodeling, maintenance, or repair

17  of an ancillary plant.

18

19  A district that violates these expenditure restrictions shall

20  have an equal dollar reduction in funds appropriated to the

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

22  audit citation.  The expenditure restrictions do not apply to

23  any school district that certifies to the Commissioner of

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

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

26  that the district reasonably expects to receive during the

27  next 5 years or from alternative scheduling or construction,

28  leasing, rezoning, or technological methodologies that exhibit

29  sound management.

30

31

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  1         Section 24.  Subsection (12), paragraph (c) of

  2  subsection (15) and subsections (18) and (19) of section

  3  380.06, Florida Statutes, are amended to read:

  4         380.06  Developments of regional impact.--

  5         (12)  REGIONAL REPORTS.--

  6         (a)  Within 50 days after receipt of the notice of

  7  public hearing required in paragraph (11)(c), the regional

  8  planning agency, if one has been designated for the area

  9  including the local government, shall prepare and submit to

10  the local government a report and recommendations on the

11  regional impact of the proposed development.  In preparing its

12  report and recommendations, the regional planning agency shall

13  identify regional issues based upon the following review

14  criteria and make recommendations to the local government on

15  these regional issues, specifically considering whether, and

16  the extent to which:

17         1.  The development will have a favorable or

18  unfavorable impact on state or regional resources or

19  facilities identified in the applicable state or regional

20  plans.  For the purposes of this subsection, "applicable state

21  plan" means the state comprehensive plan. For the purposes of

22  this subsection, "applicable regional plan" means an adopted

23  comprehensive regional policy plan until the adoption of a

24  strategic regional policy plan pursuant to s. 186.508, and

25  thereafter means an adopted strategic regional policy plan.

26         2.  The development will significantly impact adjacent

27  jurisdictions. At the request of the appropriate local

28  government, regional planning agencies may also review and

29  comment upon issues that affect only the requesting local

30  government.

31

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  1         3.  As one of the issues considered in the review in

  2  subparagraphs 1. and 2., the development will favorably or

  3  adversely affect the ability of people to find adequate

  4  housing reasonably accessible to their places of employment.

  5  The determination should take into account information on

  6  factors that are relevant to the availability of reasonably

  7  accessible adequate housing.  Adequate housing means housing

  8  that is available for occupancy and that is not substandard.

  9         (b)  At the request of the regional planning agency,

10  other appropriate agencies shall review the proposed

11  development and shall prepare reports and recommendations on

12  issues that are clearly within the jurisdiction of those

13  agencies. Such agency reports shall become part of the

14  regional planning agency report; however, the regional

15  planning agency may attach dissenting views. When water

16  management district and Department of Environmental Protection

17  permits have been issued pursuant to chapter 373 or chapter

18  403, the regional planning council may comment on the regional

19  implications of the permits but may not offer conflicting

20  recommendations.

21         (c)  The regional planning agency shall afford the

22  developer or any substantially affected party reasonable

23  opportunity to present evidence to the regional planning

24  agency head relating to the proposed regional agency report

25  and recommendations.

26         (d)  When the location of a proposed development

27  involves land within the boundaries of multiple regional

28  planning councils, the state land planning agency shall

29  designate a lead regional planning council. The lead regional

30  planning council shall prepare the regional report.

31         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

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  1         (c)  The development order shall include findings of

  2  fact and conclusions of law consistent with subsections (13)

  3  and (14). The development order:

  4         1.  Shall specify the monitoring procedures and the

  5  local official responsible for assuring compliance by the

  6  developer with the development order.

  7         2.  Shall establish compliance dates for the

  8  development order, including a deadline for commencing

  9  physical development and for compliance with conditions of

10  approval or phasing requirements, and shall include a

11  termination date that reasonably reflects the time required to

12  complete the development.

13         3.  Shall establish a date until which the local

14  government agrees that the approved development of regional

15  impact shall not be subject to downzoning, unit density

16  reduction, or intensity reduction, unless the local government

17  can demonstrate that substantial changes in the conditions

18  underlying the approval of the development order have occurred

19  or the development order was based on substantially inaccurate

20  information provided by the developer or that the change is

21  clearly established by local government to be essential to the

22  public health, safety, or welfare.

23         4.  Shall specify the requirements for the biennial

24  annual report designated under subsection (18), including the

25  date of submission, parties to whom the report is submitted,

26  and contents of the report, based upon the rules adopted by

27  the state land planning agency.  Such rules shall specify the

28  scope of any additional local requirements that may be

29  necessary for the report.

30

31

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  1         5.  May specify the types of changes to the development

  2  which shall require submission for a substantial deviation

  3  determination under subsection (19).

  4         6.  Shall include a legal description of the property.

  5         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

  6  submit a biennial an annual report on the development of

  7  regional impact to the local government, the regional planning

  8  agency, the state land planning agency, and all affected

  9  permit agencies in alternate years on the date specified in

10  the development order, unless the development order by its

11  terms requires more frequent monitoring.  If the biennial

12  annual report is not received, the regional planning agency or

13  the state land planning agency shall notify the local

14  government.  If the local government does not receive the

15  biennial annual report or receives notification that the

16  regional planning agency or the state land planning agency has

17  not received the report, the local government shall request in

18  writing that the developer submit the report within 30 days.

19  The failure to submit the report after 30 days shall result in

20  the temporary suspension of the development order by the local

21  government. If no additional development pursuant to the

22  development order has occurred since the submission of the

23  previous report, a letter from the developer stating that no

24  development has occurred satisfies the requirement for a

25  report. Development orders that require annual reports may be

26  amended to require biennial reports at the option of the local

27  government.

28         (19)  SUBSTANTIAL DEVIATIONS.--

29         (a)  Any proposed change to a previously approved

30  development which creates a reasonable likelihood of

31  additional regional impact, or any type of regional impact

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  1  created by the change not previously reviewed by the regional

  2  planning agency, shall constitute a substantial deviation and

  3  shall cause the development to be subject to further

  4  development-of-regional-impact review. There are a variety of

  5  reasons why a developer may wish to propose changes to an

  6  approved development of regional impact, including changed

  7  market conditions.  The procedures set forth in this

  8  subsection are for that purpose.

  9         (b)  Any proposed change to a previously approved

10  development of regional impact or development order condition

11  which, either individually or cumulatively with other changes,

12  exceeds any of the following criteria shall constitute a

13  substantial deviation and shall cause the development to be

14  subject to further development-of-regional-impact review

15  without the necessity for a finding of same by the local

16  government:

17         1.  An increase in the number of parking spaces at an

18  attraction or recreational facility by 5 percent or 300

19  spaces, whichever is greater, or an increase in the number of

20  spectators that may be accommodated at such a facility by 5

21  percent or 1,000 spectators, whichever is greater.

22         2.  A new runway, a new terminal facility, a 25-percent

23  lengthening of an existing runway, or a 25-percent increase in

24  the number of gates of an existing terminal, but only if the

25  increase adds at least three additional gates.  However, if an

26  airport is located in two counties, a 10-percent lengthening

27  of an existing runway or a 20-percent increase in the number

28  of gates of an existing terminal is the applicable criteria.

29         3.  An increase in the number of hospital beds by 5

30  percent or 60 beds, whichever is greater.

31

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  1         4.  An increase in industrial development area by 5

  2  percent or 32 acres, whichever is greater.

  3         5.  An increase in the average annual acreage mined by

  4  5 percent or 10 acres, whichever is greater, or an increase in

  5  the average daily water consumption by a mining operation by 5

  6  percent or 300,000 gallons, whichever is greater.  An increase

  7  in the size of the mine by 5 percent or 750 acres, whichever

  8  is less.

  9         6.  An increase in land area for office development by

10  5 percent or 6 acres, whichever is greater, or an increase of

11  gross floor area of office development by 5 percent or 60,000

12  gross square feet, whichever is greater.

13         7.  An increase in the storage capacity for chemical or

14  petroleum storage facilities by 5 percent, 20,000 barrels, or

15  7 million pounds, whichever is greater.

16         8.  An increase of development at a waterport of wet

17  storage for 20 watercraft, dry storage for 30 watercraft, or

18  wet/dry storage for 60 watercraft in an area identified in the

19  state marina siting plan as an appropriate site for additional

20  waterport development or a 5-percent increase in watercraft

21  storage capacity, whichever is greater.

22         9.  An increase in the number of dwelling units by 5

23  percent or 50 dwelling units, whichever is greater.

24         10.  An increase in commercial development by 6 acres

25  of land area or by 50,000 square feet of gross floor area, or

26  of parking spaces provided for customers for 300 cars or a

27  5-percent increase of either any of these, whichever is

28  greater.

29         11.  An increase in hotel or motel facility units by 5

30  percent or 75 units, whichever is greater.

31

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  1         12.  An increase in a recreational vehicle park area by

  2  5 percent or 100 vehicle spaces, whichever is less.

  3         13.  A decrease in the area set aside for open space of

  4  5 percent or 20 acres, whichever is less.

  5         14.  A proposed increase to an approved multiuse

  6  development of regional impact where the sum of the increases

  7  of each land use as a percentage of the applicable substantial

  8  deviation criteria is equal to or exceeds 100 percent. The

  9  percentage of any decrease in the amount of open space shall

10  be treated as an increase for purposes of determining when 100

11  percent has been reached or exceeded.

12         15.  A 15-percent increase in the number of external

13  vehicle trips generated by the development above that which

14  was projected during the original

15  development-of-regional-impact review.

16         16.  Any change which would result in development of

17  any area which was specifically set aside in the application

18  for development approval or in the development order for

19  preservation or special protection of endangered or threatened

20  plants or animals designated as endangered, threatened, or

21  species of special concern and their habitat, primary dunes,

22  or archaeological and historical sites designated as

23  significant by the Division of Historical Resources of the

24  Department of State.  The further refinement of such areas by

25  survey shall be considered under sub-subparagraph (e)5.b.

26

27  The substantial deviation numerical standards in subparagraphs

28  4., 6., 10., 14., excluding residential uses, and 15., are

29  increased by 100 percent for a project certified under s.

30  403.973 which creates jobs and meets criteria established by

31  the Office of Tourism, Trade, and Economic Development as to

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  1  its impact on an area's economy, employment, and prevailing

  2  wage and skill levels. The substantial deviation numerical

  3  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

  4  increased by 50 percent for a project located wholly within an

  5  urban infill and redevelopment area designated on the

  6  applicable adopted local comprehensive plan future land use

  7  map and not located within the coastal high hazard area.

  8         (c)  An extension of the date of buildout of a

  9  development, or any phase thereof, by 7 or more years shall be

10  presumed to create a substantial deviation subject to further

11  development-of-regional-impact review.  An extension of the

12  date of buildout, or any phase thereof, of 5 years or more but

13  less than 7 years shall be presumed not to create a

14  substantial deviation. These presumptions may be rebutted by

15  clear and convincing evidence at the public hearing held by

16  the local government.  An extension of less than 5 years is

17  not a substantial deviation. For the purpose of calculating

18  when a buildout, phase, or termination date has been exceeded,

19  the time shall be tolled during the pendency of administrative

20  or judicial proceedings relating to development permits.  Any

21  extension of the buildout date of a project or a phase thereof

22  shall automatically extend the commencement date of the

23  project, the termination date of the development order, the

24  expiration date of the development of regional impact, and the

25  phases thereof by a like period of time.

26         (d)  A change in the plan of development of an approved

27  development of regional impact resulting from requirements

28  imposed by the Department of Environmental Protection or any

29  water management district created by s. 373.069 or any of

30  their successor agencies or by any appropriate federal

31  regulatory agency shall be submitted to the local government

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  1  pursuant to this subsection. The change shall be presumed not

  2  to create a substantial deviation subject to further

  3  development-of-regional-impact review. The presumption may be

  4  rebutted by clear and convincing evidence at the public

  5  hearing held by the local government.

  6         (e)1.  A proposed change which, either individually or,

  7  if there were previous changes, cumulatively with those

  8  changes, is equal to or exceeds 40 percent of any numerical

  9  criterion in subparagraphs (b)1.-15., but which does not

10  exceed such criterion, shall be presumed not to create a

11  substantial deviation subject to further

12  development-of-regional-impact review.  The presumption may be

13  rebutted by clear and convincing evidence at the public

14  hearing held by the local government pursuant to subparagraph

15  (f)5.

16         2.  Except for a development order rendered pursuant to

17  subsection (22) or subsection (25), a proposed change to a

18  development order that individually or cumulatively with any

19  previous change is less than 40 percent of any numerical

20  criterion contained in subparagraphs (b)1.-15. and does not

21  exceed any other criterion, or that involves an extension of

22  the buildout date of a development, or any phase thereof, of

23  less than 5 years is not a substantial deviation, is not

24  subject to the public hearing requirements of subparagraph

25  (f)3., and is not subject to a determination pursuant to

26  subparagraph (f)5.  Notice of the proposed change shall be

27  made to the regional planning council and the state land

28  planning agency. Such notice shall include a description of

29  previous individual changes made to the development, including

30  changes previously approved by the local government, and shall

31  include appropriate amendments to the development order.

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  1         2.  The following changes, individually or cumulatively

  2  with any previous changes, are not substantial deviations:

  3         a.  Changes in the name of the project, developer,

  4  owner, or monitoring official.

  5         b.  Changes to a setback that do not affect noise

  6  buffers, environmental protection or mitigation areas, or

  7  archaeological or historical resources.

  8         c.  Changes to minimum lot sizes.

  9         d.  Changes in the configuration of internal roads that

10  do not affect external access points.

11         e.  Changes to the building design or orientation that

12  stay approximately within the approved area designated for

13  such building and parking lot, and which do not affect

14  historical buildings designated as significant by the Division

15  of Historical Resources of the Department of State.

16         f.  Changes to increase the acreage in the development,

17  provided that no development is proposed on the acreage to be

18  added.

19         g.  Changes to eliminate an approved land use, provided

20  that there are no additional regional impacts.

21         h.  Changes required to conform to permits approved by

22  any federal, state, or regional permitting agency, provided

23  that these changes do not create additional regional impacts.

24         i.  Any other change which the state land planning

25  agency agrees in writing is similar in nature, impact, or

26  character to the changes enumerated in sub-subparagraphs a.-h.

27  and which does not create the likelihood of any additional

28  regional impact.

29

30  This subsection does not require a development order amendment

31  for any change listed in sub-subparagraphs a.-i. unless such

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  1  issue is addressed either in the existing development order or

  2  in the application for development approval, but, in the case

  3  of the application, only if, and in the manner in which, the

  4  application is incorporated in the development order.

  5         3.  Except for the change authorized by

  6  sub-subparagraph 2.f., any addition of land not previously

  7  reviewed or any change not specified in paragraph (b) or

  8  paragraph (c) shall be presumed to create a substantial

  9  deviation.  This presumption may be rebutted by clear and

10  convincing evidence.

11         4.  Any submittal of a proposed change to a previously

12  approved development shall include a description of individual

13  changes previously made to the development, including changes

14  previously approved by the local government.  The local

15  government shall consider the previous and current proposed

16  changes in deciding whether such changes cumulatively

17  constitute a substantial deviation requiring further

18  development-of-regional-impact review.

19         5.  The following changes to an approved development of

20  regional impact shall be presumed to create a substantial

21  deviation.  Such presumption may be rebutted by clear and

22  convincing evidence.

23         a.  A change proposed for 15 percent or more of the

24  acreage to a land use not previously approved in the

25  development order.  Changes of less than 15 percent shall be

26  presumed not to create a substantial deviation.

27         b.  Except for the types of uses listed in subparagraph

28  (b)16., any change which would result in the development of

29  any area which was specifically set aside in the application

30  for development approval or in the development order for

31  preservation, buffers, or special protection, including

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  1  habitat for plant and animal species, archaeological and

  2  historical sites, dunes, and other special areas.

  3         c.  Notwithstanding any provision of paragraph (b) to

  4  the contrary, a proposed change consisting of simultaneous

  5  increases and decreases of at least two of the uses within an

  6  authorized multiuse development of regional impact which was

  7  originally approved with three or more uses specified in s.

  8  380.0651(3)(c), (d), (f), and (g) and residential use.

  9         (f)1.  The state land planning agency shall establish

10  by rule standard forms for submittal of proposed changes to a

11  previously approved development of regional impact which may

12  require further development-of-regional-impact review.  At a

13  minimum, the standard form shall require the developer to

14  provide the precise language that the developer proposes to

15  delete or add as an amendment to the development order.

16         2.  The developer shall submit, simultaneously, to the

17  local government, the regional planning agency, and the state

18  land planning agency the request for approval of a proposed

19  change.

20         3.  No sooner than 30 days but no later than 45 days

21  after submittal by the developer to the local government, the

22  state land planning agency, and the appropriate regional

23  planning agency, the local government shall give 15 days'

24  notice and schedule a public hearing to consider the change

25  that the developer asserts does not create a substantial

26  deviation. This public hearing shall be held within 90 days

27  after submittal of the proposed changes, unless that time is

28  extended by the developer.

29         4.  The appropriate regional planning agency or the

30  state land planning agency shall review the proposed change

31  and, no later than 45 days after submittal by the developer of

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  1  the proposed change, unless that time is extended by the

  2  developer, and prior to the public hearing at which the

  3  proposed change is to be considered, shall advise the local

  4  government in writing whether it objects to the proposed

  5  change, shall specify the reasons for its objection, if any,

  6  and shall provide a copy to the developer.  A change which is

  7  subject to the substantial deviation criteria specified in

  8  sub-subparagraph (e)5.c. shall not be subject to this

  9  requirement.

10         5.  At the public hearing, the local government shall

11  determine whether the proposed change requires further

12  development-of-regional-impact review.  The provisions of

13  paragraphs (a) and (e), the thresholds set forth in paragraph

14  (b), and the presumptions set forth in paragraphs (c) and (d)

15  and subparagraph (e)3. subparagraphs (e)1. and 3. shall be

16  applicable in determining whether further

17  development-of-regional-impact review is required.

18         6.  If the local government determines that the

19  proposed change does not require further

20  development-of-regional-impact review and is otherwise

21  approved, or if the proposed change is not subject to a

22  hearing and determination pursuant to subparagraphs 3. and 5.

23  and is otherwise approved, the local government shall issue an

24  amendment to the development order incorporating the approved

25  change and conditions of approval relating to the change. The

26  decision of the local government to approve, with or without

27  conditions, or to deny the proposed change that the developer

28  asserts does not require further review shall be subject to

29  the appeal provisions of s. 380.07. However, the state land

30  planning agency may not appeal the local government decision

31  if it did not comply with subparagraph 4.  The state land

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  1  planning agency may not appeal a change to a development order

  2  made pursuant to subparagraph (e)1. or 2. for developments of

  3  regional impact approved after January 1, 1980, unless the

  4  change would result in a significant impact to a regionally

  5  significant archaeological, historical, or natural resource

  6  not previously identified in the original

  7  development-of-regional-impact review.

  8         (g)  If a proposed change requires further

  9  development-of-regional-impact review pursuant to this

10  section, the review shall be conducted subject to the

11  following additional conditions:

12         1.  The development-of-regional-impact review conducted

13  by the appropriate regional planning agency shall address only

14  those issues raised by the proposed change except as provided

15  in subparagraph 2.

16         2.  The regional planning agency shall consider, and

17  the local government shall determine whether to approve,

18  approve with conditions, or deny the proposed change as it

19  relates to the entire development.  If the local government

20  determines that the proposed change, as it relates to the

21  entire development, is unacceptable, the local government

22  shall deny the change.

23         3.  If the local government determines that the

24  proposed change, as it relates to the entire development,

25  should be approved, any new conditions in the amendment to the

26  development order issued by the local government shall address

27  only those issues raised by the proposed change.

28         4.  Development within the previously approved

29  development of regional impact may continue, as approved,

30  during the development-of-regional-impact review in those

31

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  1  portions of the development which are not affected by the

  2  proposed change.

  3         (h)  When further development-of-regional-impact review

  4  is required because a substantial deviation has been

  5  determined or admitted by the developer, the amendment to the

  6  development order issued by the local government shall be

  7  consistent with the requirements of subsection (15) and shall

  8  be subject to the hearing and appeal provisions of s. 380.07.

  9  The state land planning agency or the appropriate regional

10  planning agency need not participate at the local hearing in

11  order to appeal a local government development order issued

12  pursuant to this paragraph.

13         Section 25.  Paragraphs (d) and (f) of subsection (3)

14  of section 380.0651, Florida Statutes, are amended to read:

15         380.0651  Statewide guidelines and standards.--

16         (3)  The following statewide guidelines and standards

17  shall be applied in the manner described in s. 380.06(2) to

18  determine whether the following developments shall be required

19  to undergo development-of-regional-impact review:

20         (d)  Office development.--Any proposed office building

21  or park operated under common ownership, development plan, or

22  management that:

23         1.  Encompasses 300,000 or more square feet of gross

24  floor area; or

25         2.  Has a total site size of 30 or more acres; or

26         2.3.  Encompasses more than 600,000 square feet of

27  gross floor area in a county with a population greater than

28  500,000 and only in a geographic area specifically designated

29  as highly suitable for increased threshold intensity in the

30  approved local comprehensive plan and in the strategic

31  regional policy plan.

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  1         (f)  Retail and service development.--Any proposed

  2  retail, service, or wholesale business establishment or group

  3  of establishments which deals primarily with the general

  4  public onsite, operated under one common property ownership,

  5  development plan, or management that:

  6         1.  Encompasses more than 400,000 square feet of gross

  7  area; or

  8         2.  Occupies more than 40 acres of land; or

  9         2.3.  Provides parking spaces for more than 2,500 cars.

10         Section 26.  Requirement of interlocal service

11  provision agreements.--

12         (1)  By January 1, 2007, counties having a population

13  over 100,000 shall negotiate and adopt a service-delivery

14  interlocal agreement or agreements with all of the

15  municipalities within the county, with those special districts

16  providing a service listed in paragraph (a), and with the

17  school district which:

18         (a)  Identifies the current providers of the following

19  services; education, sanitary sewer, public safety, solid

20  waste, drainage, potable water, parks and recreation, and

21  transportation facilities.

22         (b)  Describes the existing organization of such

23  services and the means of financing such services and

24  designates the entities that will provide the services over a

25  20-year planning period, including any anticipated changes

26  caused by annexation.

27         (c)  Identifies any deficits in the provision of

28  services and prescribes a 5-year capital outlay plan for the

29  provision of deficit infrastructure.

30         (d)  Identifies opportunities for the joint financing

31  of capital outlay projects.

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    Florida Senate - 2002                                   SB 382
    316-512A-02




  1         (e)  Identifies any areas that the municipalities plan

  2  to annex within the next 5 years and establishes a plan for

  3  service delivery within the areas to be annexed or a process

  4  for resolving service-delivery issues associated with

  5  annexation.

  6         (f)  Provides specific procedures for amending the

  7  interlocal agreement.

  8         (2)  Each county shall submit a copy of its interlocal

  9  agreement to the Department of Community Affairs by February

10  15, 2007.

11         (3)  The regional planning councils may provide

12  technical assistance and dispute-resolution services to assist

13  local governments in complying with this section.

14         Section 27.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          SENATE SUMMARY

19    Provides for coordination of local governments in
      educational facilities planning. Requires that the
20    membership of local planning agencies include a nonvoting
      member of the district school board. Adds an elected
21    school board member to each regional planning council.
      Revises the process for adopting comprehensive plans and
22    plan amendments. Requires school districts to adopt
      educational facilities plans. Provides for the levy of
23    the infrastructure sales surtax and the school capital
      outlay surtax by a supermajority vote. Revises
24    substantial deviation standards for developments of
      regional impact. (See bill for details.)
25

26

27

28

29

30

31

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