HB 851 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to school concurrency; amending s. 2
163.3180, F.S.; requiring, instead of encouraging, 3
local governments that adopt school concurrency to 4
apply such concurrency to development on a 5
districtwide basis; removing provisions addressing 6
school concurrency on a less than districtwide basis; 7
revising provisions specifying when school concurrency 8
is satisfied; specifying that proportionate -share 9
mitigation may be set aside and not spent if an 10
improvement has not been identified; providing an 11
effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraphs (f) and (h) of subsection (6) of 16
section 163.3180, Florida St atutes, are amended to read: 17
163.3180 Concurrency. — 18
(6) 19
(f)1. In order to balance competing interests, preserve 20
the constitutional concept of uniformity, and avoid disruption 21
of existing educational and growth management processes, local 22
governments are encouraged, if they elect to adopt school 23
concurrency, must to apply school concurrency to development on 24
a districtwide basis so that a concurrency determination for a 25
HB 851 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specific development will be based upon the availability of 26
school capacity district wide. 27
2. If a local government elects to apply school 28
concurrency on a less than districtwide basis, by using school 29
attendance zones or concurrency service areas: 30
a. Local governments and school boards shall have the 31
burden to demonstrate that the uti lization of school capacity is 32
maximized to the greatest extent possible in the comprehensive 33
plan and amendment, taking into account transportation costs and 34
court-approved desegregation plans, as well as other factors. In 35
addition, in order to achieve co ncurrency within the service 36
area boundaries selected by local governments and school boards, 37
the service area boundaries, together with the standards for 38
establishing those boundaries, shall be identified and included 39
as supporting data and analysis for t he comprehensive plan. 40
b. Where school capacity is available on a districtwide 41
basis but school concurrency is applied on a less than 42
districtwide basis in the form of concurrency service areas, if 43
the adopted level-of-service standard cannot be met in a 44
particular service area as applied to an application for a 45
development permit and if the needed capacity for the particular 46
service area is available in one or more contiguous service 47
areas, as adopted by the local government, then the local 48
government may not deny an application for site plan or final 49
subdivision approval or the functional equivalent for a 50
HB 851 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
development or phase of a development on the basis of school 51
concurrency, and if issued, development impacts shall be 52
subtracted from the contiguous se rvice area's capacity totals. 53
Students from the development may not be required to go to the 54
adjacent service area unless the school board rezones the area 55
in which the development occurs. 56
(h)1. In order to limit the liability of local 57
governments, a local government may allow a landowner to proceed 58
with development of a specific parcel of land notwithstanding a 59
failure of the development to satisfy school concurrency, if all 60
the following factors are shown to exist: 61
a. The proposed development would be consistent with the 62
future land use designation for the specific property and with 63
pertinent portions of the adopted local plan, as determined by 64
the local government. 65
b. The local government's capital improvements element and 66
the school board's educati onal facilities plan provide for 67
school facilities adequate to serve the proposed development, 68
and the local government or school board has not implemented 69
that element or the project includes a plan that demonstrates 70
that the capital facilities needed as a result of the project 71
can be reasonably provided. 72
c. The local government and school board have provided a 73
means by which the landowner will be assessed a proportionate 74
share of the cost of providing the school facilities necessary 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to serve the propose d development. 76
2. If a local government applies school concurrency, it 77
may not deny an application for site plan, final subdivision 78
approval, or the functional equivalent for a development or 79
phase of a development authorizing residential development for 80
failure to achieve and maintain the level -of-service standard 81
for public school capacity in a local school concurrency 82
management system where adequate school facilities will be in 83
place or under actual construction within 3 years after the 84
issuance of final subdivision or site plan approval, or the 85
functional equivalent. School concurrency is satisfied if the 86
developer in good faith offers to execute executes a legally 87
binding commitment to provide mitigation proportionate to the 88
demand for public school facilities to be created by actual 89
development of the property, including, but not limited to, the 90
options described in sub -subparagraph a. Options for 91
proportionate-share mitigation of impacts on public school 92
facilities must be established in the compreh ensive plan and the 93
interlocal agreement pursuant to s. 163.31777. 94
a. Appropriate mitigation options include the contribution 95
of land; the construction, expansion, or payment for land 96
acquisition or construction of a public school facility; the 97
construction of a charter school that complies with the 98
requirements of s. 1002.33(18); or the creation of mitigation 99
banking based on the construction of a public school facility in 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
exchange for the right to sell capacity credits. Such options 101
must include executi on by the applicant and the local government 102
of a development agreement that constitutes a legally binding 103
commitment to pay proportionate -share mitigation for the 104
additional residential units approved by the local government in 105
a development order and act ually developed on the property, 106
taking into account residential density allowed on the property 107
prior to the plan amendment that increased the overall 108
residential density. The district school board must be a party 109
to such an agreement. As a condition of i ts entry into such a 110
development agreement, the local government may require the 111
landowner to agree to continuing renewal of the agreement upon 112
its expiration. 113
b. If the interlocal agreement and the local government 114
comprehensive plan authorize a contribution of land; the 115
construction, expansion, or payment for land acquisition; the 116
construction or expansion of a public school facility, or a 117
portion thereof; or the construction of a charter school that 118
complies with the requirements of s. 1002.33(18), as 119
proportionate-share mitigation, the local government shall 120
credit such a contribution, construction, expansion, or payment 121
toward any other impact fee or exactio n imposed by local 122
ordinance for public educational facilities, on a dollar -for-123
dollar basis at fair market value. The credit must be based on 124
the total impact fee assessed and not on the impact fee for any 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
particular type of school. 126
c. Any proportionate -share mitigation must be directed by 127
the school board toward a school capacity improvement identified 128
in the 5-year school board educational facilities plan or must 129
be set aside and not spent until such an improvement has been 130
identified that satisfies the demands created by the development 131
in accordance with a binding developer's agreement. 132
3. This paragraph does not limit the authority of a local 133
government to deny a development permit or its functional 134
equivalent pursuant to its home rule regulatory p owers, except 135
as provided in this part. 136
Section 2. This act shall take effect July 1, 2022. 137