2015 GROWTH MANAGEMENT LEGISLATION EFFECTS ON SCHOOL PLANNING

Transcription

1 2015 GROWTH MANAGEMENT LEGISLATION EFFECTS ON SCHOOL PLANNING Susan Trevarthen and Tracy Suber

2 Course topics 2 Florida policy for school planning coordination Overview of 2015 legislation that affects planning coordination: Summary Implications of the legislation Recommended implementation strategies 2016 Session outlook Your questions

3 School planning policy evolution s and 1980s Coordination encouraged Education Code Chapter 235 (now Chapter 1013), F.S. Growth Management Act of 1985 Chapter 163, Part II, F.S through Coordination strengthened Interlocal agreements among local governments and school boards and comprehensive plan policies for joint planning and decision making Local plans must map areas where schools are allowed Local plans must consider needs of Florida colleges Evaluation of local plan must assess school coordination Local option to implement school concurrency 2005 Coordination had teeth: school concurrency required statewide 2010 Coordination retained; continuation of school concurrency optional Community Planning Act

4 2015 Legislation 4 CS/CS/HB 41 Hazardous Walking Conditions Representative Metz (Ch , Laws of Florida) Gabby s Law for Student Safety Act Clarifies hazard and revises the evaluation process to include additional participants (police/mpo/dot) If there is a hazard, transportation agencies must add correction to the 5-year work program or justify why not to superintendent & FDOE Requires state funds for busing until hazard is corrected Implication: Interlocal agreement can be amended to specify process (SRTS, more stringent that Gabby s Law) Implementation: Share information with leadership and local partners/ctst

5 2015 Legislation 5 CS/CS/SB 1216 Community Development Senator Simpson (Ch , Laws of Florida) Pasco Connected City Corridor 10-year certified community and pilot for plan amendments: To encourage high tech industry and innovation thru partnerships that support research, marketing, workforce, and entrepreneurship, and local control of plan amendments. Accomplishing listed planning goals of: clean healthy env t, limit urban sprawl through diverse interconnected comm ys, range of intergenerational housing types, protect wildlife and natural areas, efficient use of land and resources, quality comm ys, promote alternative transp. networks and multiple modes, create jobs Impact State monitoring of plan amendments; ability to plan for a longer timeframe; phasing of growth; ability to designate prior areas for initial implementation of plan; no requirement to justify need for amendments based on the projected population growth or any other reason. If County adopt a long term transp. network plan and financial feasibility plan, deemed to satisfy all concurrency except site specific access mgmt. Requires and allows CDDs in such areas of up to 7000 acres to be established by county ordinance, without further state approvals. Directs OPPAGA to report on pilot project in 10 years, by Dec 1, 2024 on whether this should be taken statewide.

6 2015 Legislation 6 CS/CS/SB 1216 Community Development Senator Simpson (Ch , Laws of Florida) Dissolved the Withlacoochee RPC; allows Governor to change RPC boundaries beginning Jan. 1, 2016 Eliminated DRI process in favor of state coordinated review Revised sector plan process; provides state review of DSAP Revised RPC boundaries and powers Implications School planning coordination requirements unchanged Pay attention to LPA agendas!! Elimination of DRI process Recommended implementation strategy Take your local government planner to lunch (& ask your attorney to do the same)

7 2015 Legislation 7 CS/CS/HB 383 Private Property Rights Representative Edwards (Ch , Laws of Florida) (Oct. 1, 2015) Creates a separate s , F.S. --a landowner--cause of action for monetary damages from prohibited governmental exactions under Koontz imposed or required in writing on or after Oct. 1, 2015 as a final condition of approval for the requested use of real property. This right cannot be waived. Waives sovereign immunity. Requires owner to provide 90 days pre-suit notice, no later than 180 days after exaction is imposed, detailing the estimated damages The gov t must respond in writing, identifying the basis for the exaction and: Explain why the exaction is roughly proportionate to the harm created by the proposed use of real property under Koontz and Dolan, or Propose to remove all or a portion of the exaction The written response may not be used against the gov t, other than to assess attorney fees and costs

8 2015 Legislation 8 CS/CS/HB 383 Private Property Rights Representative Edwards (Ch , Laws of Florida) At trial, gov t must prove exaction is roughly proportionate to the effect of the development on gov t (Dolan), and owner must prove damages from the exaction Prevailing party may get attorneys fees; gov t pays fees and costs if no nexus between condition and legitimate governmental purpose (Nollan) Not applicable to impact fees under s or non-ad valorem assessments under s Implication: Likely to have a moderating effect on development conditions Recommended strategies

9 2015 Legislation 9 CS/CS/HB 383 Private Property Rights Representative Edwards (Ch , Laws of Florida) Revises Bert J. Harris, Jr., Private Property Rights Protection Act, s : Amends "property owner" and "real property" in s (3): Harris Act only applies to action taken directly on the property owner's land, and not activities that are authorized on adjoining or adjacent properties (essentially codifying City of Jacksonville v. Smith). So, for example, the approval of a school site cannot be used as the basis for a Harris Act claim by a neighbor claiming that the increased traffic devalued his property. Amends s (4)(c) to provide that local government may implement a settlement agreement in violation of its own laws, regardless of whether the property owner accepted the offer before or after filing an action and as long as the agreement fully resolves all claims asserted Expressly excludes any actions a county takes to adopt a Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) in order to participate in the National Flood Insurance Program (NFIP) unless the adoption incorrectly applies an aspect of the Flood Insurance Rate Map to the property, in such a way as to, but not limited to, incorrectly assessing the elevation of the property.

10 2015 Legislation 10 FDOE Legislative Review Book Summaries of all education-related legislation that passed Links to web pages for easy access to the bills Office of Governmental Relations Department of Economic Opportunity Summary of changes to the Community Planning Act

11 2016 Outlook 11 Begins January 12 Last day to file bills for introduction Scheduled to end March 11 Committee meetings begin September 16 Legislative web pages

12 2016 Outlook 12 Bills filed in 2015 that could return in 2016 HB Cap on proportionate share mitigation amounts for public schools HB 37/SB Voluntary contributions for educational facilities HB 923/SB Local government (use of doc stamps for public school CO in lieu of ad valorem taxes) SB Requirement for new charter schools to demonstrate need, including new capacity HB 7037 Requirement for school boards to share discretionary capital improvement millage with charter schools HB 915/SB 1232 Building Codes; amendment to further extend the 2-year extension on building permits/development orders

13 2016 Outlook 13 Bills filed in 2015 that could return in 2016 HB 181/SB 448 Educational Facilities Flexibility HB 63/SB 824 Public-private Partnerships (P3) Would implement the recommendations of the P3 Guidelines Task Force Would explicitly add school districts, Florida College System and state universities Move to chapter 255, F.S. (from the procurement statute to the public building construction statute) Others Shared-use of public school facilities Stormwater fees and educational facilities

14 Contact us 14 Susan L. Trevarthen, JD, FAICP Weiss Serota Helfman Cole & Bierman 200 E. Broward Boulevard, Suite 1900 Fort Lauderdale, Florida Tracy Suber Growth Management & Facilities Policy Liaison Office of Educational Facilities Florida Department of Education 325 W. Gaines Street, Room 1014 Tallahassee, Florida

15 2015 GROWTH MANAGEMENT LEGISLATION EFFECTS ON SCHOOL PLANNING Susan Trevarthen and Tracy Suber