Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7203, 2nd Eng.
Barcode 091480
CHAMBER ACTION
Senate House
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05/04/2007 11:30 AM .
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11 Senator Bennett moved the following substitute for amendment
12 to amendment (210308):
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14 Senate Amendment (with directory and title amendments)
15 On page 11, between lines 2 and 3,
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17 and insert:
18 (13) School concurrency shall be established on a
19 districtwide basis and shall include all public schools in the
20 district and all portions of the district, whether located in
21 a municipality or an unincorporated area unless exempt from
22 the public school facilities element pursuant to s.
23 163.3177(12). The application of school concurrency to
24 development shall be based upon the adopted comprehensive
25 plan, as amended. All local governments within a county,
26 except as provided in paragraph (f), shall adopt and transmit
27 to the state land planning agency the necessary plan
28 amendments, along with the interlocal agreement, for a
29 compliance review pursuant to s. 163.3184(7) and (8). The
30 minimum requirements for school concurrency are the following:
31 (e) Availability standard.--Consistent with the public
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7203, 2nd Eng.
Barcode 091480
1 welfare, a local government may not deny an application for
2 site plan, final subdivision approval, or the functional
3 equivalent for a development or phase of a development
4 authorizing residential development for failure to achieve and
5 maintain the level-of-service standard for public school
6 capacity in a local school concurrency management system where
7 adequate school facilities will be in place or under actual
8 construction within 3 years after the issuance of final
9 subdivision or site plan approval, or the functional
10 equivalent. School concurrency is shall be satisfied if the
11 developer executes a legally binding commitment to provide
12 mitigation proportionate to the demand for public school
13 facilities to be created by actual development of the
14 property, including, but not limited to, the options described
15 in subparagraph 1. Options for proportionate-share mitigation
16 of impacts on public school facilities must shall be
17 established in the public school facilities element and the
18 interlocal agreement pursuant to s. 163.31777.
19 1. Appropriate mitigation options include the
20 contribution of land; the construction, expansion, or payment
21 for land acquisition or construction of a public school
22 facility; or the creation of mitigation banking based on the
23 construction of a public school facility in exchange for the
24 right to sell capacity credits. Such options must include
25 execution by the applicant and the local government of a
26 binding development agreement that constitutes a legally
27 binding commitment to pay proportionate-share mitigation for
28 the additional residential units approved by the local
29 government in a development order and actually developed on
30 the property, taking into account residential density allowed
31 on the property prior to the plan amendment that increased the
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7203, 2nd Eng.
Barcode 091480
1 overall residential density. The district school board must
2 shall be a party to such an agreement. As a condition of its
3 entry into such a development agreement, the local government
4 may require the landowner to agree to continuing renewal of
5 the agreement upon its expiration.
6 2. If the education facilities plan and the public
7 educational facilities element authorize a contribution of
8 land; the construction, expansion, or payment for land
9 acquisition; or the construction or expansion of a public
10 school facility, or a portion thereof, as proportionate-share
11 mitigation, the local government shall credit such a
12 contribution, construction, expansion, or payment toward any
13 other impact fee or exaction imposed by local ordinance for
14 the same need, on a dollar-for-dollar basis at fair market
15 value.
16 3. Any proportionate-share mitigation must be directed
17 by the school board toward a school capacity improvement
18 identified in a financially feasible 5-year district work plan
19 that and which satisfies the demands created by the that
20 development in accordance with a binding developer's
21 agreement.
22 4. If a development is precluded from commencing
23 because there is inadequate classroom capacity to mitigate the
24 impacts of the development, the development may nevertheless
25 commence if there are accelerated facilities in an approved
26 capital improvement element scheduled for construction in year
27 four or later of such plan which, when built, will mitigate
28 the proposed development, or if such accelerated facilities
29 will be in the next annual update of the capital facilities
30 element, the developer enters into a binding, financially
31 guaranteed agreement with the school district to construct an
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7203, 2nd Eng.
Barcode 091480
1 accelerated facility within the first 3 years of an approved
2 capital improvement plan, and the cost of the school facility
3 is equal to or greater than the development's proportionate
4 share. When the completed school facility is conveyed to the
5 school district, the developer shall receive impact fee
6 credits usable within the zone where the facility is
7 constructed or any attendance zone contiguous with or adjacent
8 to the zone where the facility is constructed.
9 5.4. This paragraph does not limit the authority of a
10 local government to deny a development permit or its
11 functional equivalent pursuant to its home rule regulatory
12 powers, except as provided in this part.
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15 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ====
16 And the directory clause is amended as follows:
17 On page 6, line 16, delete that line
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19 and insert:
20 Section 3. Subsections (5) and (12), paragraph (e) of
21 subsection (13), and subsection (16) of section
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 16, line 17, after the semicolon,
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28 insert:
29 revising the availability standard for
30 achieving school concurrency; authorizing a
31 development to proceed under certain
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7203, 2nd Eng.
Barcode 091480
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