Florida Senate - 2022 SB 706 By Senator Perry 8-00683-22 2022706__ 1 A bill to be entitled 2 An act relating to school concurrency; amending s. 3 163.3180, F.S.; requiring, instead of encouraging, 4 local governments that adopt school concurrency to 5 apply such concurrency to development on a 6 districtwide basis; removing provisions addressing 7 school concurrency on a less than districtwide basis; 8 revising provisions specifying when school concurrency 9 is satisfied; specifying that proportionate-share 10 mitigation must be set aside and not spent if an 11 improvement has not been identified; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Paragraphs (f) and (h) of subsection (6) of 17 section 163.3180, Florida Statutes, are amended to read: 18 163.3180Concurrency. 19 (6) 20 (f)1.In order to balance competing interests, preserve the 21 constitutional concept of uniformity, and avoid disruption of 22 existing educational and growth management processes, local 23 governments are encouraged, if they elect to adopt school 24 concurrency, must to apply school concurrency to development on 25 a districtwide basis so that a concurrency determination for a 26 specific development will be based upon the availability of 27 school capacity districtwide. 28 2.If a local government elects to apply school concurrency 29 on a less than districtwide basis, by using school attendance 30 zones or concurrency service areas: 31 a.Local governments and school boards shall have the 32 burden to demonstrate that the utilization of school capacity is 33 maximized to the greatest extent possible in the comprehensive 34 plan and amendment, taking into account transportation costs and 35 court-approved desegregation plans, as well as other factors. In 36 addition, in order to achieve concurrency within the service 37 area boundaries selected by local governments and school boards, 38 the service area boundaries, together with the standards for 39 establishing those boundaries, shall be identified and included 40 as supporting data and analysis for the comprehensive plan. 41 b.Where school capacity is available on a districtwide 42 basis but school concurrency is applied on a less than 43 districtwide basis in the form of concurrency service areas, if 44 the adopted level-of-service standard cannot be met in a 45 particular service area as applied to an application for a 46 development permit and if the needed capacity for the particular 47 service area is available in one or more contiguous service 48 areas, as adopted by the local government, then the local 49 government may not deny an application for site plan or final 50 subdivision approval or the functional equivalent for a 51 development or phase of a development on the basis of school 52 concurrency, and if issued, development impacts shall be 53 subtracted from the contiguous service areas capacity totals. 54 Students from the development may not be required to go to the 55 adjacent service area unless the school board rezones the area 56 in which the development occurs. 57 (h)1.In order to limit the liability of local governments, 58 a local government may allow a landowner to proceed with 59 development of a specific parcel of land notwithstanding a 60 failure of the development to satisfy school concurrency, if all 61 the following factors are shown to exist: 62 a.The proposed development would be consistent with the 63 future land use designation for the specific property and with 64 pertinent portions of the adopted local plan, as determined by 65 the local government. 66 b.The local governments capital improvements element and 67 the school boards educational facilities plan provide for 68 school facilities adequate to serve the proposed development, 69 and the local government or school board has not implemented 70 that element or the project includes a plan that demonstrates 71 that the capital facilities needed as a result of the project 72 can be reasonably provided. 73 c.The local government and school board have provided a 74 means by which the landowner will be assessed a proportionate 75 share of the cost of providing the school facilities necessary 76 to serve the proposed development. 77 2.If a local government applies school concurrency, it may 78 not deny an application for site plan, final subdivision 79 approval, or the functional equivalent for a development or 80 phase of a development authorizing residential development for 81 failure to achieve and maintain the level-of-service standard 82 for public school capacity in a local school concurrency 83 management system where adequate school facilities will be in 84 place or under actual construction within 3 years after the 85 issuance of final subdivision or site plan approval, or the 86 functional equivalent. School concurrency is satisfied if the 87 developer in good faith offers to execute executes a legally 88 binding commitment to provide mitigation proportionate to the 89 demand for public school facilities to be created by actual 90 development of the property, including, but not limited to, the 91 options described in sub-subparagraph a. Options for 92 proportionate-share mitigation of impacts on public school 93 facilities must be established in the comprehensive plan and the 94 interlocal agreement pursuant to s. 163.31777. 95 a.Appropriate mitigation options include the contribution 96 of land; the construction, expansion, or payment for land 97 acquisition or construction of a public school facility; the 98 construction of a charter school that complies with the 99 requirements of s. 1002.33(18); or the creation of mitigation 100 banking based on the construction of a public school facility in 101 exchange for the right to sell capacity credits. Such options 102 must include execution by the applicant and the local government 103 of a development agreement that constitutes a legally binding 104 commitment to pay proportionate-share mitigation for the 105 additional residential units approved by the local government in 106 a development order and actually developed on the property, 107 taking into account residential density allowed on the property 108 prior to the plan amendment that increased the overall 109 residential density. The district school board must be a party 110 to such an agreement. As a condition of its entry into such a 111 development agreement, the local government may require the 112 landowner to agree to continuing renewal of the agreement upon 113 its expiration. 114 b.If the interlocal agreement and the local government 115 comprehensive plan authorize a contribution of land; the 116 construction, expansion, or payment for land acquisition; the 117 construction or expansion of a public school facility, or a 118 portion thereof; or the construction of a charter school that 119 complies with the requirements of s. 1002.33(18), as 120 proportionate-share mitigation, the local government shall 121 credit such a contribution, construction, expansion, or payment 122 toward any other impact fee or exaction imposed by local 123 ordinance for public educational facilities, on a dollar-for 124 dollar basis at fair market value. The credit must be based on 125 the total impact fee assessed and not on the impact fee for any 126 particular type of school. 127 c.Any proportionate-share mitigation must be directed by 128 the school board toward a school capacity improvement identified 129 in the 5-year school board educational facilities plan or must 130 be set aside and not spent until such an improvement has been 131 identified that satisfies the demands created by the development 132 in accordance with a binding developers agreement. 133 3.This paragraph does not limit the authority of a local 134 government to deny a development permit or its functional 135 equivalent pursuant to its home rule regulatory powers, except 136 as provided in this part. 137 Section 2.This act shall take effect July 1, 2022.