CS/CS/HB 851 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0851-02-c2
Page 1 of 4
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
10
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
CS/CS/HB 851 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0851-02-c2
Page 2 of 4
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 deemed satisfied 44
when if the developer tenders executes a written, legally 45
binding commitment to provide mitigation proportionate to the 46
demand for public school facilities to be created by actual 47
development of the property, including, but not limi ted to, the 48
options described in sub -subparagraph a. Options for 49
proportionate-share mitigation of impacts on public school 50
CS/CS/HB 851 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0851-02-c2
Page 3 of 4
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
facilities must be established in the comprehensive plan and the 51
interlocal agreement pursuant to s. 163.31777. 52
a. Appropriate mitigation options include the contribution 53
of land; the construction, expansion, or payment for land 54
acquisition or construction of a public school facility; the 55
construction of a charter school that complies with the 56
requirements of s. 1002.33(18); or the c reation of mitigation 57
banking based on the construction of a public school facility in 58
exchange for the right to sell capacity credits. Such options 59
must include execution by the applicant and the local government 60
of a development agreement that constitute s a legally binding 61
commitment to pay proportionate -share mitigation for the 62
additional residential units approved by the local government in 63
a development order and actually developed on the property, 64
taking into account residential density allowed on the property 65
prior to the plan amendment that increased the overall 66
residential density. The district school board must be a party 67
to such an agreement. As a condition of its entry into such a 68
development agreement, the local government may require the 69
landowner to agree to continuing renewal of the agreement upon 70
its expiration. 71
b. If the interlocal agreement and the local government 72
comprehensive plan authorize a contribution of land; the 73
construction, expansion, or payment for land acquisition; the 74
construction or expansion of a public school facility, or a 75
CS/CS/HB 851 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0851-02-c2
Page 4 of 4
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
portion thereof; or the construction of a charter school that 76
complies with the requirements of s. 1002.33(18), as 77
proportionate-share mitigation, the local government shall 78
credit such a contribution, construction, expansion, or payment 79
toward any other impact fee or exaction imposed by local 80
ordinance for public educational facilities, on a dollar -for-81
dollar basis at fair market value. The credit must be based on 82
the total impact fee assessed and not o n the impact fee for any 83
particular type of school. 84
c. Any proportionate -share mitigation must be directed by 85
the school board toward a school capacity improvement identified 86
in the 5-year school board educational facilities plan or must 87
be set aside and not spent until such an improvement has been 88
identified that satisfies the demands created by the development 89
in accordance with a binding developer's agreement. 90
3. This paragraph does not limit the authority of a local 91
government to deny a development permit or its functional 92
equivalent pursuant to its home rule regulatory powers, except 93
as provided in this part. 94
Section 2. This act shall take effect July 1, 2022. 95