FL
Florida House Bill H0851

Florida 2022 Regular Session

Florida House Bill H0851 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to school concurrency; amending s. 2
1616 163.3180, F.S.; revising provisions specifying when 3
17-school concurrency is deemed satisfied; requiring a 4
18-district school board to notify a local government 5
19-that capacity is available for development within a 6
20-certain timeframe; specifying that proportionate -share 7
21-mitigation must be set aside and not spent if an 8
22-improvement has not been identified; providing an 9
23-effective date. 10
24- 11
25-Be It Enacted by the Legislature of the State of Florida: 12
26- 13
27- Section 1. Paragraph (h) of subsection (6) of section 14
28-163.3180, Florida Statutes, is amended to read: 15
29- 163.3180 Concurrency. — 16
30- (6) 17
31- (h)1. In order to limit the liability of local 18
32-governments, a local government may allow a landowner to proceed 19
33-with development of a specific parcel of land notwithstanding a 20
34-failure of the development to satisfy school concurrency, if all 21
35-the following factors are shown to exist: 22
36- a. The proposed development would be consistent with the 23
37-future land use designation for the specific property and with 24
38-pertinent portions of the adopted local plan, as determined by 25
17+school concurrency is satisfied; authorizing a 4
18+proportionate-share mitigation to be set aside and not 5
19+spent if an improvement has not been identified under 6
20+certain circumstances; providing an effective date. 7
21+ 8
22+Be It Enacted by the Legislature of the State of Florida: 9
23+ 10
24+ Section 1. Paragraph (h) of subsection (6) of section 11
25+163.3180, Florida Statutes, is amended to read: 12
26+ 163.3180 Concurrency. — 13
27+ (6) 14
28+ (h)1. In order to limit the liability of local 15
29+governments, a local government may allow a landowner to proceed 16
30+with development of a specific parcel of land notwithstanding a 17
31+failure of the development to satisfy school concurrency, if all 18
32+the following factors are shown to exist: 19
33+ a. The proposed development would be consistent with the 20
34+future land use designation for the specific property and with 21
35+pertinent portions of the adopted local plan, as determined by 22
36+the local government. 23
37+ b. The local government's capital improvements element and 24
38+the school board's educational facilities plan provide for 25
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4747 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
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51-the local government. 26
52- b. The local government's capital improvements element an d 27
53-the school board's educational facilities plan provide for 28
54-school facilities adequate to serve the proposed development, 29
55-and the local government or school board has not implemented 30
56-that element or the project includes a plan that demonstrates 31
57-that the capital facilities needed as a result of the project 32
58-can be reasonably provided. 33
59- c. The local government and school board have provided a 34
60-means by which the landowner will be assessed a proportionate 35
61-share of the cost of providing the school facilities ne cessary 36
62-to serve the proposed development. 37
63- 2. If a local government applies school concurrency, it 38
64-may not deny an application for site plan, final subdivision 39
65-approval, or the functional equivalent for a development or 40
66-phase of a development authorizing residential development for 41
67-failure to achieve and maintain the level -of-service standard 42
68-for public school capacity in a local school concurrency 43
69-management system where adequate school facilities will be in 44
70-place or under actual construction within 3 ye ars after the 45
71-issuance of final subdivision or site plan approval, or the 46
72-functional equivalent. School concurrency is deemed satisfied 47
73-when if the developer tenders executes a written, legally 48
74-binding commitment to provide mitigation proportionate to the 49
75-demand for public school facilities to be created by actual 50
51+school facilities adequate to serve the proposed de velopment, 26
52+and the local government or school board has not implemented 27
53+that element or the project includes a plan that demonstrates 28
54+that the capital facilities needed as a result of the project 29
55+can be reasonably provided. 30
56+ c. The local government and sc hool board have provided a 31
57+means by which the landowner will be assessed a proportionate 32
58+share of the cost of providing the school facilities necessary 33
59+to serve the proposed development. 34
60+ 2. If a local government applies school concurrency, it 35
61+may not deny an application for site plan, final subdivision 36
62+approval, or the functional equivalent for a development or 37
63+phase of a development authorizing residential development for 38
64+failure to achieve and maintain the level -of-service standard 39
65+for public school cap acity in a local school concurrency 40
66+management system where adequate school facilities will be in 41
67+place or under actual construction within 3 years after the 42
68+issuance of final subdivision or site plan approval, or the 43
69+functional equivalent. School concurre ncy is deemed satisfied 44
70+when if the developer tenders executes a written, legally 45
71+binding commitment to provide mitigation proportionate to the 46
72+demand for public school facilities to be created by actual 47
73+development of the property, including, but not limi ted to, the 48
74+options described in sub -subparagraph a. Options for 49
75+proportionate-share mitigation of impacts on public school 50
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8484 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
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88-development of the property, including, but not limited to, the 51
89-options described in sub -subparagraph a. The district school 52
90-board shall notify the local government that capacity is 53
91-available for the development within 30 days after receipt of 54
92-the developer's legally binding commitment. Options for 55
93-proportionate-share mitigation of impacts on public school 56
94-facilities must be established in the comprehensive plan and the 57
95-interlocal agreement pursuan t to s. 163.31777. 58
96- a. Appropriate mitigation options include the contribution 59
97-of land; the construction, expansion, or payment for land 60
98-acquisition or construction of a public school facility; the 61
99-construction of a charter school that complies with the 62
100-requirements of s. 1002.33(18); or the creation of mitigation 63
101-banking based on the construction of a public school facility in 64
102-exchange for the right to sell capacity credits. Such options 65
103-must include execution by the applicant and the local government 66
104-of a development agreement that constitutes a legally binding 67
105-commitment to pay proportionate -share mitigation for the 68
106-additional residential units approved by the local government in 69
107-a development order and actually developed on the property, 70
108-taking into account residential density allowed on the property 71
109-prior to the plan amendment that increased the overall 72
110-residential density. The district school board must be a party 73
111-to such an agreement. As a condition of its entry into such a 74
112-development agreement, the local government may require the 75
88+facilities must be established in the comprehensive plan and the 51
89+interlocal agreement pursuant to s. 163.31777. 52
90+ a. Appropriate mitigation options include the contribution 53
91+of land; the construction, expansion, or payment for land 54
92+acquisition or construction of a public school facility; the 55
93+construction of a charter school that complies with the 56
94+requirements of s. 1002.33(18); or the c reation of mitigation 57
95+banking based on the construction of a public school facility in 58
96+exchange for the right to sell capacity credits. Such options 59
97+must include execution by the applicant and the local government 60
98+of a development agreement that constitute s a legally binding 61
99+commitment to pay proportionate -share mitigation for the 62
100+additional residential units approved by the local government in 63
101+a development order and actually developed on the property, 64
102+taking into account residential density allowed on the property 65
103+prior to the plan amendment that increased the overall 66
104+residential density. The district school board must be a party 67
105+to such an agreement. As a condition of its entry into such a 68
106+development agreement, the local government may require the 69
107+landowner to agree to continuing renewal of the agreement upon 70
108+its expiration. 71
109+ b. If the interlocal agreement and the local government 72
110+comprehensive plan authorize a contribution of land; the 73
111+construction, expansion, or payment for land acquisition; the 74
112+construction or expansion of a public school facility, or a 75
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121121 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
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125-landowner to agree to continuing renewal of the agreement upon 76
126-its expiration. 77
127- b. If the interlocal agreement and the local government 78
128-comprehensive plan authorize a contribution of land; the 79
129-construction, expansion, or p ayment for land acquisition; the 80
130-construction or expansion of a public school facility, or a 81
131-portion thereof; or the construction of a charter school that 82
132-complies with the requirements of s. 1002.33(18), as 83
133-proportionate-share mitigation, the local govern ment shall 84
134-credit such a contribution, construction, expansion, or payment 85
135-toward any other impact fee or exaction imposed by local 86
136-ordinance for public educational facilities, on a dollar -for-87
137-dollar basis at fair market value. The credit must be based on 88
138-the total impact fee assessed and not on the impact fee for any 89
139-particular type of school. 90
140- c. Any proportionate -share mitigation must be directed by 91
141-the school board toward a school capacity improvement identified 92
142-in the 5-year school board educational f acilities plan or must 93
143-be set aside and not spent until such an improvement has been 94
144-identified that satisfies the demands created by the development 95
145-in accordance with a binding developer's agreement. 96
146- 3. This paragraph does not limit the authority of a local 97
147-government to deny a development permit or its functional 98
148-equivalent pursuant to its home rule regulatory powers, except 99
149-as provided in this part. 100
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158-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
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162- Section 2. This act shall take effect July 1, 2022. 101
125+portion thereof; or the construction of a charter school that 76
126+complies with the requirements of s. 1002.33(18), as 77
127+proportionate-share mitigation, the local government shall 78
128+credit such a contribution, construction, expansion, or payment 79
129+toward any other impact fee or exaction imposed by local 80
130+ordinance for public educational facilities, on a dollar -for-81
131+dollar basis at fair market value. The credit must be based on 82
132+the total impact fee assessed and not o n the impact fee for any 83
133+particular type of school. 84
134+ c. Any proportionate -share mitigation must be directed by 85
135+the school board toward a school capacity improvement identified 86
136+in the 5-year school board educational facilities plan or must 87
137+be set aside and not spent until such an improvement has been 88
138+identified that satisfies the demands created by the development 89
139+in accordance with a binding developer's agreement. 90
140+ 3. This paragraph does not limit the authority of a local 91
141+government to deny a development permit or its functional 92
142+equivalent pursuant to its home rule regulatory powers, except 93
143+as provided in this part. 94
144+ Section 2. This act shall take effect July 1, 2022. 95