CS/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.; revising provisions specifying when 3
school concurrency is satisfied; authorizing a 4
proportionate-share mitigation to be set aside and not 5
spent if an improvement has not been identified under 6
certain circumstances; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (h) of subsection (6) of section 11
163.3180, Florida Statutes, is amended to read: 12
163.3180 Concurrency. — 13
(6) 14
(h)1. In order to limit the liability of local 15
governments, a local government may allow a landowner to proceed 16
with development of a specific parcel of land notwithstanding a 17
failure of the development to satisfy school concurrency, if all 18
the following factors are shown to exist: 19
a. The proposed development would be consistent with the 20
future land use designation for the specific property and with 21
pertinent portions of the adopted local plan, as determined by 22
the local government. 23
b. The local government's capital improvements element and 24
the school board's educational facilities plan provide for 25
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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
school facilities adequate to serve the proposed de velopment, 26
and the local government or school board has not implemented 27
that element or the project includes a plan that demonstrates 28
that the capital facilities needed as a result of the project 29
can be reasonably provided. 30
c. The local government and sc hool board have provided a 31
means by which the landowner will be assessed a proportionate 32
share of the cost of providing the school facilities necessary 33
to serve the proposed development. 34
2. If a local government applies school concurrency, it 35
may not deny an application for site plan, final subdivision 36
approval, or the functional equivalent for a development or 37
phase of a development authorizing residential development for 38
failure to achieve and maintain the level -of-service standard 39
for public school cap acity in a local school concurrency 40
management system where adequate school facilities will be in 41
place or under actual construction within 3 years after the 42
issuance of final subdivision or site plan approval, or the 43
functional equivalent. School concurre ncy is satisfied if the 44
developer tenders executes a written, legally binding commitment 45
to provide mitigation proportionate to the demand for public 46
school facilities to be created by actual development of the 47
property, including, but not limited to, the options described 48
in sub-subparagraph a. Options for proportionate -share 49
mitigation of impacts on public school facilities must be 50
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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
established in the comprehensive plan and the interlocal 51
agreement pursuant to s. 163.31777. A local government must 52
issue a final decision on the developer's tendered legally 53
binding commitment within 60 days after the date of receipt. If 54
the local government fails to issue a final decision within 60 55
days, the tendered legally binding commitment is deemed 56
approved. 57
a. Appropriate mitigation options include the contribution 58
of land; the construction, expansion, or payment for land 59
acquisition or construction of a public school facility; the 60
construction of a charter school that complies with the 61
requirements of s. 1002.33(18); or the creation of mitigation 62
banking based on the construction of a public school facility in 63
exchange for the right to sell capacity credits. Such options 64
must include execution by the applicant and the local government 65
of a development agreement that co nstitutes a legally binding 66
commitment to pay proportionate -share mitigation for the 67
additional residential units approved by the local government in 68
a development order and actually developed on the property, 69
taking into account residential density allowe d on the property 70
prior to the plan amendment that increased the overall 71
residential density. The district school board must be a party 72
to such an agreement. As a condition of its entry into such a 73
development agreement, the local government may require th e 74
landowner to agree to continuing renewal of the agreement upon 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
its expiration. 76
b. If the interlocal agreement and the local government 77
comprehensive plan authorize a contribution of land; the 78
construction, expansion, or payment for land acquisition; th e 79
construction or expansion of a public school facility, or a 80
portion thereof; or the construction of a charter school that 81
complies with the requirements of s. 1002.33(18), as 82
proportionate-share mitigation, the local government shall 83
credit such a contri bution, construction, expansion, or payment 84
toward any other impact fee or exaction imposed by local 85
ordinance for public educational facilities, on a dollar -for-86
dollar basis at fair market value. The credit must be based on 87
the total impact fee assessed a nd not on the impact fee for any 88
particular type of school. 89
c. Any proportionate -share mitigation must be directed by 90
the school board toward a school capacity improvement identified 91
in the 5-year school board educational facilities plan or must 92
be set aside and not spent until such an improvement has been 93
identified that satisfies the demands created by the development 94
in accordance with a binding developer's agreement. 95
3. This paragraph does not limit the authority of a local 96
government to deny a development permit or its functional 97
equivalent pursuant to its home rule regulatory powers, except 98
as provided in this part. 99
Section 2. This act shall take effect July 1, 2022. 100