Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. PCS (884758) for SB 474

395790

CHAMBER ACTION

Senate

Comm: WD

4/9/2008

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House



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The Committee on Community Affairs (Haridopolos) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 3194 and 3195

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insert:

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Section 19.  Paragraph (a) of subsection (4), paragraphs (a) and

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(h) of subsection (6), and paragraph (e) of subsection (7) of

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section 163.3177, Florida Statutes, are amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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

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the comprehensive plans of adjacent municipalities, the county,

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adjacent counties, or the region; with the appropriate water

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management district's regional water supply plans approved

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pursuant to s. 373.0361; with adopted rules pertaining to

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designated areas of critical state concern; with the school

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district's educational facilities plan approved pursuant to s.

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1013.35; and with the state comprehensive plan shall be a major

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objective of the local comprehensive planning process. To that

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end, in the preparation of a comprehensive plan or element

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

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governing body shall include a specific policy statement

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indicating the relationship of the proposed development of the

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area to the comprehensive plans of adjacent municipalities, the

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

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

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plans or plans in preparation may exist.

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards to be followed

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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supplemented by goals, policies, and measurable objectives. The

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future land use plan shall be based upon surveys, studies, and

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data regarding the area, including the amount of land required to

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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water supplies, public facilities, and services; the need for

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations; and,

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in rural communities, the need for job creation, capital

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investment, and economic development that will strengthen and

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

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designate areas for future planned development use involving

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combinations of types of uses for which special regulations may

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be necessary to ensure development in accord with the principles

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and standards of the comprehensive plan and this act. The future

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land use plan element shall include criteria to be used to

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achieve the compatibility of adjacent or closely proximate lands

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with military installations. In addition, for rural communities,

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the amount of land designated for future planned industrial use

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shall be based upon surveys and studies that reflect the need for

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job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

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solely by the projected population of the rural community. The

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

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possible future municipal incorporation. The land use maps or map

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series shall generally identify and depict historic district

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boundaries and shall designate historically significant

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properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

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incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

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342.07. The future land use element must clearly identify the

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land use categories in which public schools are an allowable use.

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When delineating the land use categories in which public schools

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are an allowable use, a local government shall include in the

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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schools are an allowable use. The failure by a local government

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to comply with these school siting requirements will result in

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the prohibition of the local government's ability to amend the

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local comprehensive plan, except for plan amendments described in

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s. 163.3187(1)(b), until the school siting requirements are met.

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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of plan amendments contained in s. 163.3187. The future land use

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. The plan shall not impose design standards, site

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plan standards, or other development conditions that exceed or

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are inconsistent with the requirements of chapter 1013 and any

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state requirements for educational facilities or that are

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inconsistent with maintaining a balanced, financially feasible

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school district facilities work plan. For schools serving

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predominantly rural counties, defined as a county with a

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

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shall be eligible for the location of public school facilities if

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the local comprehensive plan contains school siting criteria and

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the location is consistent with such criteria. Local governments

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required to update or amend their comprehensive plan to include

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criteria and address compatibility of adjacent or closely

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proximate lands with existing military installations in their

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future land use plan element shall transmit the update or

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amendment to the department by June 30, 2006.

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     (h)1.  An intergovernmental coordination element showing

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relationships and stating principles and guidelines to be used in

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the accomplishment of coordination of the adopted comprehensive

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plan with the plans of school boards, regional water supply

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authorities, and other units of local government providing

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services but not having regulatory authority over the use of

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land, with the comprehensive plans of adjacent municipalities,

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the county, adjacent counties, or the region, with the state

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comprehensive plan and with the applicable regional water supply

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

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and as such adopted plans or plans in preparation may exist. This

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element of the local comprehensive plan shall demonstrate

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consideration of the particular effects of the local plan, when

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adopted, upon the development of adjacent municipalities, the

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

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comprehensive plan, as the case may require.

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     a.  The intergovernmental coordination element shall provide

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for procedures to identify and implement joint planning areas,

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especially for the purpose of annexation, municipal

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incorporation, and joint infrastructure service areas.

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     b.  The intergovernmental coordination element shall provide

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for recognition of campus master plans prepared pursuant to s.

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1013.30 and the school district's educational facilities plan

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approved pursuant to s. 1013.35.

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     c.  The intergovernmental coordination element may provide

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for a voluntary dispute resolution process as established

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pursuant to s. 186.509 for bringing to closure in a timely manner

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intergovernmental disputes. A local government may develop and

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use an alternative local dispute resolution process for this

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purpose.

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     2.  The intergovernmental coordination element shall further

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state principles and guidelines to be used in the accomplishment

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of coordination of the adopted comprehensive plan with the plans

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of school boards and other units of local government providing

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facilities and services but not having regulatory authority over

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the use of land. In addition, the intergovernmental coordination

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element shall describe joint processes for collaborative planning

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and decisionmaking on population projections and public school

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siting, the location and extension of public facilities subject

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to concurrency, and siting facilities with countywide

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significance, including locally unwanted land uses whose nature

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and identity are established in an agreement. Within 1 year of

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adopting their intergovernmental coordination elements, each

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county, all the municipalities within that county, the district

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school board, and any unit of local government service providers

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in that county shall establish by interlocal or other formal

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agreement executed by all affected entities, the joint processes

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described in this subparagraph consistent with their adopted

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intergovernmental coordination elements.

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     3.  To foster coordination between special districts and

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local general-purpose governments as local general-purpose

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governments implement local comprehensive plans, each independent

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special district must submit a public facilities report to the

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appropriate local government as required by s. 189.415.

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     4.a.  Local governments must execute an interlocal agreement

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with the district school board, the county, and nonexempt

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municipalities pursuant to s. 163.31777. The local government

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shall amend the intergovernmental coordination element to provide

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that coordination between the local government and school board

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is pursuant to the agreement and shall state the obligations of

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the local government under the agreement.

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     b.  Plan amendments that comply with this subparagraph are

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

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     5.  The state land planning agency shall establish a

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schedule for phased completion and transmittal of plan amendments

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to implement subparagraphs 1., 2., and 3. from all jurisdictions

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so as to accomplish their adoption by December 31, 1999. A local

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government may complete and transmit its plan amendments to carry

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out these provisions prior to the scheduled date established by

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the state land planning agency. The plan amendments are exempt

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from the provisions of s. 163.3187(1).

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

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greater than 100,000, and the municipalities and special

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districts within that county, shall submit a report to the

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Department of Community Affairs which:

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     a.  Identifies all existing or proposed interlocal service

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delivery agreements regarding the following: education; sanitary

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sewer; public safety; solid waste; drainage; potable water; parks

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and recreation; and transportation facilities.

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     b.  Identifies any deficits or duplication in the provision

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of services within its jurisdiction, whether capital or

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operational. Upon request, the Department of Community Affairs

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shall provide technical assistance to the local governments in

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identifying deficits or duplication.

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

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Department of Community Affairs shall, through the appropriate

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regional planning council, coordinate a meeting of all local

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governments within the regional planning area to discuss the

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reports and potential strategies to remedy any identified

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deficiencies or duplications.

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     8.  Each local government shall update its intergovernmental

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coordination element based upon the findings in the report

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submitted pursuant to subparagraph 6. The report may be used as

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supporting data and analysis for the intergovernmental

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coordination element.

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     (7)  The comprehensive plan may include the following

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additional elements, or portions or phases thereof:

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     (e)  A public buildings and related facilities element

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showing locations and arrangements of civic and community

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centers, public schools, hospitals, libraries, police and fire

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stations, and other public buildings. This plan element should

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show particularly how it is proposed to effect coordination with

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governmental units, such as school boards or hospital

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authorities, having public development and service

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responsibilities, capabilities, and potential but not having land

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development regulatory authority. This element may include plans

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for architecture and landscape treatment of their grounds, except

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that, for public school facilities, the element shall be

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coordinated with the public school facilities element required by

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s. 163.3177(12) and the interlocal agreement required by s.

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163.31777 and may not impose design standards, site plan

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standards, or other development conditions that are inconsistent

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with the requirements of chapter 1013 and any state requirements

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for educational facilities or that are inconsistent with

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maintaining a balanced, financially feasible school district

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facilities work plan.

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     Section 20.  Paragraph (d) of subsection (2) of section

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163.31777, Florida Statutes, is amended to read:

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     163.31777  Public schools interlocal agreement.--

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

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interlocal-agreement requirements in s. 163.3180(13)(g), except

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for exempt local governments as provided in s. 163.3177(12), and

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must address the following issues:

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

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onsite and offsite improvements to support new, proposed

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expansion, or redevelopment of existing schools. The process must

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address identification of the party or parties responsible for

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the improvements. A local government may not impose design

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standards, site plan standards, or other development conditions

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that are inconsistent with the requirements of chapter 1013 and

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any state requirements for educational facilities or that are

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inconsistent with maintaining a balanced, financially feasible

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school district facilities work plan.

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     Section 21.  Subsection (13), subsection (15) of section

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1013.33, Florida Statutes, are amended to read:

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     1013.33  Coordination of planning with local governing

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bodies.--

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     (13)  A local governing body may not deny the site applicant

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based on adequacy of the site plan as it relates solely to the

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needs of the school. If the site is consistent with the

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comprehensive plan's land use policies and categories in which

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public schools are identified as allowable uses, the local

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government may not deny the application but it may impose

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reasonable development standards and conditions in accordance

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with s. 1013.51(1) and consider the site plan and its adequacy as

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it relates to environmental concerns, health, safety and welfare,

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and effects on adjacent property. Standards and conditions may

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not be imposed that exceed or which conflict with those

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established in this chapter, any state requirements for

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educational facilities, or the Florida Building Code, unless

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mutually agreed and consistent with the interlocal agreement

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required by subsections (2)-(8) and consistent with maintaining a

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balanced, financially feasible school district facilities work

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plan.

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     (15)  Existing schools shall be considered consistent with

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the applicable local government comprehensive plan adopted under

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part II of chapter 163. If a board submits an application to

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expand an existing school site, the local governing body may

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impose reasonable development standards and conditions on the

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expansion only, and in a manner consistent with s. 1013.51(1) and

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any state requirements for education facilities. Standards and

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conditions may not be imposed that exceed which conflict with

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those established in this chapter or the Florida Building Code,

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unless mutually agreed upon. Such agreement must be made with the

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consideration of maintaining the financial feasibility of the

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school district facilities work plan. Local government review or

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approval is not required for:

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     (a)  The placement of temporary or portable classroom

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facilities; or

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     (b)  Proposed renovation or construction on existing school

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sites, with the exception of construction that changes the

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primary use of a facility, includes stadiums, or results in a

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greater than 5 percent increase in student capacity, or as

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mutually agreed upon, pursuant to an interlocal agreement adopted

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in accordance with subsections (2)-(8).

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 97, after the semicolon

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insert:

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amending s. 163.3177, F.S.; requiring coordination of the

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local comprehensive plan with school district's

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educational facilities plans; prohibiting local

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comprehensive plans from imposing certain standards or

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development conditions inconsistent with certain

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requirements of law or state requirements for educational

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facilities or with maintaining financially feasible school

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district facilities work plans; amending s. 163.31777,

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F.S.; prohibiting local governments from imposing certain

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standards or development conditions inconsistent with

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certain requirements of law or state requirements for

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educational facilities or with maintaining financially

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feasible school district facilities work plans; amending

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s. 1013.33, F.S.; prohibiting imposition of standards and

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conditions exceeding certain requirements for educational

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facilities or school district facilities work plan under

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certain circumstances; providing an exception;

3/27/2008  10:49:00 AM     CA.CA.05978

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


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