The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: CS/CS/SB 706
INTRODUCER: Education Committee, Community Affairs Committee, and Senator Perry
SUBJECT: School Concurrency
DATE: February 2, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Fav/CS
2. Palazesi Bouck ED Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 706 concerns school concurrency, the process by which local governments ensure
school capacity is not outpaced by population increase created by development. Concurrency
requirements are local laws stating that certain infrastructure must be in place and available to
serve new development before the local government may allow new citizens to live in the new
development.
The bill provides that school concurrency is deemed satisfied when the developer tenders a
written legally binding commitment, rather than actually executes such commitment, to provide
mitigation proportionate to the demand created by the development.
The bill also provides that such mitigation paid by a developer, rather than being immediately
directed toward a school capacity improvement, may be set aside and not spent until an
appropriate improvement is identified.
The bill takes effect July 1, 2022.
REVISED: BILL: CS/CS/SB 706 Page 2
II. Present Situation:
Concurrency
“Concurrency” is a phrase referring to a set of land use regulations requiring local governments
to ensure that new development does not outstrip a local government’s ability to provide
necessary services. Developments meet concurrency requirements when the local government
has the infrastructure capacity to serve the new growth.
In essence, a concurrency requirement is a law stating that certain infrastructure must be in place
and available to serve new development before the local government may allow new citizens to
live in the new development.
1
For example, before a local government can approve a building
permit to allow a new development, it must consult with its water suppliers to ensure adequate
supplies to serve the new development will be available by the time citizens can move in.
2
Certain services are subject to concurrency statewide (sanitary sewer, solid waste, drainage, and
potable water) while other services, such as public transportation or schools, may optionally be
subjected to concurrency by a local government.
3
School Concurrency
The Legislature prescribes the methods and regulations controlling when public school
concurrency is imposed by a local government.
4
Local governments must include principles,
guidelines, standards, strategies, and acceptable levels of service based on data in their
comprehensive plans
5
and school-related interlocal agreements.
6
Local governments and school
boards work in conjunction to determine whether adequate school capacity will be available to
accommodate the development.
School concurrency requires a local government to deny an application for new residential
development if adequate school capacity will not be available or under construction within three
years of approving the application.
7
Typically the level of service required to be maintained is
expressed in terms of student capacity (the maximum number of students a facility is designed to
accommodate), student stations (the area necessary for a student to engage in learning), gross
square footage of facilities, and facility utilization, versus the total number of students in a
district or designated area.
8
Level of service can be separated into tiers of acceptability, as well
1
Section 163.3180(2), F.S.
2
Id.
3
Section 163.3180(1), F.S.
4
Section 163.3180(6), F.S.
5
Local government comprehensive plans provide the policy foundation for local planning and land use decisions on capital
improvements, conservation, intergovernmental coordination, recreation, open space, future land use, housing, transportation,
coastal management (where applicable) and public facilities.
6
Section 613.3180(6)(a), F.S.
7
Section 613.3180(h), F.S.
8
See, e.g., Florida Planning and Development Lab at Florida State University, Recommendations for Implementing School
Concurrency, Dec. 2007, available at
https://fpdl.coss.fsu.edu/sites/g/files/imported/storage/original/application/90a0cefe399a0d8424ca33f8e03d1bf5.pdf (last
visited January 20, 2022). BILL: CS/CS/SB 706 Page 3
as divided between different types of school- elementary, middle, high, and special purpose
being the typical divisions.
9
Concurrency Service Areas
Local governments are encouraged, but not required, to apply school concurrency on a
districtwide basis.
10
A local government choosing to enforce concurrency on a less than
districtwide basis must delineate school attendance zones or concurrency service areas through
an interlocal agreement with the school district and other participating governments.
11
In order to
implement attendance zones, a local government must first show that the utilization of school
capacity is being used to its fullest capacity given transportation costs and other factors, and
zones must be supported by data and analysis in the comprehensive plan.
12
The Legislature has implemented some safeguards to encourage growth. Where school capacity
is available on a districtwide basis but concurrency service areas constrict capacity, the local
government must determine whether the needed capacity for a development exists in an adjacent
service area.
13
If such coverage exists, the local government may not deny an application for the
development, and must deduct the capacity from the adjacent area. Nonetheless, students from
the development may not be required to attend school in the adjacent service area.
14
Proportionate Share
Proportionate share is a tool local governments may use to require developers to help mitigate
the impacts of their development notwithstanding a failure to achieve and maintain the adopted
level of service standards.
15
Proportionate share generally requires developers to contribute to
costs, or build facilities, necessary to offset a new development’s impacts.
16
With respect to school concurrency applied by a local government, when a contribution of land;
the construction, expansion, or payment for land acquisition; the construction or expansion of a
public school facility, or a portion thereof; or the construction of a specified charter school is
used as proportionate-share mitigation, the local government is required to credit such
contribution, construction, expansion, or payment toward any other impact fee or exaction
imposed by a local ordinance for the same need, on a dollar-for-dollar basis.
17
9
Section 163.3180(6)(c), F.S.
10
Section 163.3180(6)(f), F.S.
11
Section 163.3180(f),(i), F.S.
12
Id.
13
Section 163.3180(f) 2. b., F.S.
14
Id.
15
Florida Department of Community Affairs (now Department of Economic Opportunity), Transportation Concurrency:
Best Practices Guide, pg. 64 (2007), retrieved from http://www.cutr.usf.edu/pdf/DCA_TCBP%20Guide.pdf (last visited
March 18, 2019).
16
Id.
17
Section 163.3180(6)(h)2.b., F.S. BILL: CS/CS/SB 706 Page 4
III. Effect of Proposed Changes:
The bill amends s. 163.3180 (6), F.S., to provide school concurrency is deemed satisfied when
the developer tenders a written legally binding, rather than actually executes, a commitment to
provide mitigation proportionate to the demand created by the development.
The bill also provides that proportionate-share mitigation paid by a developer, rather than being
immediately directed toward a school capacity improvement, may be set aside and not spent until
an appropriate improvement is identified.
The bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Private sector development may benefit to the extent that the bill streamlines school
concurrency requirements.
C. Government Sector Impact:
None. BILL: CS/CS/SB 706 Page 5
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill provides that school concurrency is deemed satisfied where a developer in good faith
offers to execute a contract to provide proportionate share mitigation. The bill does not address
how relevant improvements to public education in order to increase school capacity will follow
in instances where a developer and local government fail to agree to definite terms on
proportionate share mitigation. Such an occurrence would allow development to move forward
without increased school capacity following, leaving a larger deficit of capacity before
subsequent development.
VIII. Statutes Affected:
This bill substantially amends section 163.3180 Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Education on February 1, 2022:
The committee substitute provides that school concurrency is deemed satisfied when the
developer tenders a written legally binding commitment, rather than actually executes
such commitment, to provide mitigation proportionate to the demand created by the
development of a property.
CS by Community Affairs on January 25, 2022:
The CS removes a provision requiring all counties which apply school concurrency to do
so on a district-wide basis.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.