HomeMy WebLinkAboutPublic School Facility Planning & Concurrency
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Brevard County, Florida
Entered into by:
Brevard County Board of County Commissioners,
SchoolBoard of Brevard County, and
the Cities or Towns of Cape Canaveral, Cocoa, Cocoa Beach, Grant-Valkaria,
Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Palm
Bay, Rockledge, Satellite Beach, Titusville, and West Melbourne
JUNE2014
TABLE OF CONTENTS
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
INTRODUCTION............................................................................................................................1
SECTION 1.DEFINITIONS.......................................................................................................3
SECTION 2.JOINT MEETINGS................................................................................................7
2.1Annual Meetings of Elected Officials..............................................................................7
2.2Capital Outlay Committee (COC)...................................................................................7
SECTION 3.STUDENT ENROLLMENT AND POPULATION PROJECTIONS........................8
3.1Population and Student Enrollment Projections DistributedAnnually.............................8
3.2Student Projections........................................................................................................8
SECTION 4.COORDINATING AND SHARING OF INFORMATION........................................8
4.1Tentative District Educational Facilities Work Plan.........................................................8
4.2Educational Plant Survey...............................................................................................9
SECTION 5.SCHOOL SITE SELECTION, RENOVATIONS, AND SCHOOL CLOSURES.....9
5.1New School Sites.........................................................................................................9
5.2School Site Plan Review..............................................................................................10
5.3Major Renovations and Closures.................................................................................10
SECTION 6.SUPPORTING INFRASTRUCTURE...................................................................10
6.1Joint Consideration of On-Site and Off-Site Improvements..........................................10
SECTION 7.LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS...............11
7.1Appointed LPA Members.............................................................................................11
7.2County and City Development Applications Shared with the School Board..................11
7.3Criteria for Evaluating Residential Development Applications......................................11
7.4Formulating City and County Plans and Programs.......................................................12
SECTION 8.CO-LOCATION AND SHARED USE..................................................................12
8.1Co-Location and Shared Use.......................................................................................12
8.2Mutual Use Agreement................................................................................................12
SECTION 9.SPECIFIC RESPONSIBILITIES OF THE PARTIES...........................................12
9.1Specific Responsibilities of the County and Cities........................................................12
9.2Specific Responsibilities of the School Board..............................................................13
SECTION 10.SCHOOL DISTRICT CAPITAL IMPROVEMENT PLAN.....................................15
10.1School District's Five YearDistrictFacilities Work Program.........................................15
10.2Tentative Educational Facilities Plan...........................................................................15
10.3Transmittal...................................................................................................................15
10.4Adoption......................................................................................................................15
10.5Amendments to the School District's Five YearDistrictFacilities Work Program.........16
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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SECTION 11.COMPREHENSIVE PLAN ELEMENTS..............................................................16
11.1Required Comprehensive Plan Amendments..............................................................16
11.2Development, Adoption and Amendment of the
Capital Improvements Element (CIE)...........................................................................16
11.3Intergovernmental Coordination Element.....................................................................16
SECTION 12 SCHOOL CONCURRENCY PROGRAM.............................................................17
12.1Commencement of School Concurrency......................................................................17
12.2Concurrency Service Area (CSA) Boundaries..............................................................17
12.3Level of Service (LOS).................................................................................................18
12.4School Concurrency Regulations.................................................................................18
SECTION 13.UNIFORM SCHOOL CONCURRENCY PROCESS............................................19
13.1General Provisions......................................................................................................19
13.2School Concurrency Application Review......................................................................20
13.3School Concurrency Approval.....................................................................................22
13.4Development Review Table.........................................................................................23
13.5Proportionate Share Mitigation....................................................................................23
13.6Appeal Process...........................................................................................................25
SECTION 14.OVERSIGHT.......................................................................................................26
14.1Oversight.....................................................................................................................26
SECTION 15.SPECIAL PROVISIONS.....................................................................................26
15.1School District Requirements.......................................................................................26
15.2Land Use Authority......................................................................................................26
SECTION 16.AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT.................27
16.1Amendment of the Agreement.....................................................................................27
16.2Notice Requirements...................................................................................................27
16.3Repeal of the Agreement.............................................................................................27
16.4Termination of the Agreement.....................................................................................27
16.5Withdrawal...................................................................................................................27
16.6Violations.....................................................................................................................27
SECTION 17.RESOLUTION OF DISPUTES............................................................................
27
17.1Dispute Resolution.......................................................................................................27
SECTION 18.EXECUTION IN COUNTERPARTS....................................................................
27
18.1Agreement Execution..................................................................................................27
SECTION 19.SUPERSESSION OF PREVIOUS AGREEMENTS.............................................
27
19.1Supersession...............................................................................................................27
Signature Pages......................................................................................................................28-43
Appendix "A" -School District Student Generation Multiplier....................................................44-45
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Brevard County, Florida
THIS AGREEMENT
is entered into with the Brevard County Board of County Commissioners
(hereinafter referred to as the "County"), the Commission or Council of the Cities or Towns of
Cape Canaveral, Cocoa, Cocoa Beach, Grant-Valkaria, Indialantic, Indian Harbour Beach,
Malabar, Melbourne, Melbourne Beach, Palm Bay, Rockledge, Satellite Beach, Titusville and
West Melbourne (hereinafter referred to as the "Cities"), and the School Board of Brevard
County (hereinafter referred to as the "School Board"), collectively referred to as the “Parties”.
WHEREAS
, the County, Cities and the School Board recognize their mutual obligation and
responsibility for the education, nurturing and general well-being of the children within their
community; and
WHEREAS
, the County, Cities and the School Board are required to enter into this Agreement
pursuant to Section 163.01, Section 163.31777(1)and Section 1013.33, Florida Statutes (F. S.);
and
WHEREAS
, the Townsof Melbourne Village andPalm Shores are exempt; and
WHEREAS,
the County, Cities, and School Board recognize the benefits that will flow to the
citizens and students of their communities by more closely coordinating their comprehensive
land use and school facilities planning programs: namely (1)better coordination of new schools
in time and place with land development, (2) greater efficiency for the school board and local
governments by placing schools to take advantage of existing and planned roads, water, sewer,
and parks, (3) improved studentaccess and safety by coordinating the construction of new and
expanded schools with the road and sidewalk construction programs of the local governments,
(4) better defined urban form by locating and designing schools to serve as community focal
points, (5) greater efficiency and convenience by co-locating schools with parks, ball fields,
libraries, and other community facilities to take advantage of joint use opportunities, and (6)
reduction of pressures contributing to urban sprawl and support of existing neighborhoods by
appropriately locating new schools and expanding and renovating existing schools; and
WHEREAS
, the County, Cities and School Board have determined that it is necessary and
appropriate for the entities to cooperate with each other to provide adequate public school
facilities in a timely manner and at appropriate locations, to eliminate any deficit of permanent
student stations, and to provide FISH Capacityfor projected new growth; and
WHEREAS,
Section 1013.33, F.S., requires that the location of public educational facilities must
be consistent with the comprehensive plan and implementing land development regulations of
the appropriate local governing body; and
WHEREAS,
Sections 163.3177(6)(h) l and 2, F.S., require each local government to adopt an
intergovernmental coordination element as part of their comprehensive plan that states
principles and guidelines to be used in the accomplishment of coordination of the adopted
comprehensiveplan with the plans of the school boards, and describes the processes for
collaborative planning and decision making on population projections and public school siting;
and
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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WHEREAS
, Sections 163.3177(6)(h) 2and 1013.33, F.S., require the County, Cities and
School Board to establish jointly the specific ways in which the plans and processes of the
School Board and the local governments are to be coordinated; and
WHEREAS
, Section 163.3180(6), F.S., authorize the County, Cities and School Board to
establish school concurrency and
WHEREAS,
The Agreement acknowledgesboth the school board's constitutional and statutory
obligations to provide a uniform system of free public schools on a countywide basis, and the
land use authority of local governments, including their authority to approve or deny
comprehensive plan amendments and development orders; and
WHEREAS,
the County and Cities are entering into this Agreement in reliance on the School
Board’s obligation to prepare, adopt and implement a Financially Feasible Planto achieve
public schools operating at the adopted level of service consistent with the timing specified in
the Five Year District Facilities Work Program, and the School Board’s further commitment to
update the plan annually to add enough FISH Capacityto the Plan in each succeeding fifth year
to address projected growth in order to maintain the adopted level of service and to demonstrate
that the utilization of FISH Capacityis maximized to the greatest extent possible pursuant to
Section 163.3180 (6)(f)2.a, F.S.and163.3180(6)(i)3. F.S.;
WHEREAS
,Section 163.31777(2)(c), F.S., requires that the public schools interlocal agreement
shall address participation by affected local governments with the School Boardin the process
of evaluating potential school closures, significant renovations to existing schools, and new
school site selection before land acquisition. In addition, local governments shall advise the
School Board as to the consistency of the proposed closure, renovation, or new site with the
local comprehensive plan, including appropriate circumstances and criteria under which a
School Board may request an amendment to the comprehensive plan for school siting.
WHEREAS
, Section 1001.42,(4)F.S., establishes the powers and duties of the school board to
adopt and providefor the execution of plans for the establishment, organization, and operation
of the schools of the districtto include, but not limited to, the establishment ofschools, the
elimination of school centers, and the consolidation of schools.
WHEREAS
, the School Board, enteredinto this Agreement in reliance on the County and Cities’
adoptingamendments to their local comprehensive plans to implement School Concurrency as
provided in Florida Statutes and
WHEREAS
,Section 1002.33(1), F.S., states that charter schools shall be part of the state’s
program of public education and that all charter schools are public schools. A charter school
may be formed by creating a new school or converting an existing public schoolto charter
status.
NOW THEREFORE
, be it mutually agreed among the School Board, the County and the Cities
(hereinafter referred to collectively as the “Parties”) that the following definitions and procedures
will be followed in coordinating land use, public school facilities planning, and school
concurrency.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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SECTION 1.DEFINITIONS
Adjacent Concurrency Service Area:
AConcurrency Service Areawhich iscontiguous tothe
boundary of another Concurrency Service Areaalong one side to the extent practicable, taking
into account water bodies, limited access interstate corridors, and similar geographic limits.
Concurrency Service Areas based on spot zoning that do not include a school within shall not
be utilized in concurrency reviews for adjacency purposes.
Adopted evel of Service:
LPublic school concurrency standard established atone-hundred
percent (100%) of FISH Capacity(utilization) to bethe maximum level of service of a school
owned and operated by the Brevard County School Board.
Attendance Zone:
The geographic area which identifies the public school assignmentfor
students.
CapacityElements:
Permanent Student Stations:
The number of student stations in permanent structures
(buildings) identified as being satisfactory in the FDOE FISH Inventory.
Relocatable Student Stations:
The number of student stations in relocatable structures
identified as being satisfactory in the FDOE FISH Inventory.
Florida Inventory of School Houses (FISH) Capacity:
The Florida Inventory of School
Houses (FISH) is the database used by the Florida Department of Education for all spaces
in Florida public education facilities. FISH Capacityis calculated on the Department of
Education’s measure of satisfactory student stationsinboth permanent and relocatable
structures multiplied by a utilization factor. Brevard County School Board’s utilization factors
are100% for elementary, 90% for middle, 90% for junior/senior high schools, and 95% for
high schools. The utilization factors may be amended by the Florida Department of
Education. By definition the FISH Capacityis a Factored Capacity and the terms may be
used interchangeably in this Agreement and in supporting documentation.
Factored Capacity:
By definition the Factored Capacity is the FISH Capacityand the terms
may be used interchangeably in this Agreement and in supporting documentation.
Capacity Determination Letter (CDL):
A letter prepared by the School Board resulting from a
School Impact Analysis (SIA)identifying if existing FISH Capacityis available to serve a
residential project. Thisletter is the School Board response to a SchoolCapacity Determination
application and establishesavailability at that present time only and neither vests nor reserves
FISH Capacityfor the developer and is non-binding in nature.
Capital Outlay Full-Time Equivalent (COFTE):
The basis forstudent allocation for the Florida
Education Finance Program for kindergarten through grade 12in facilities operated by the
School Board,provided annually by the Florida Department of Education.
Cities:
All municipalities in Brevard County, except any of those that are exempt from the
requirements of school concurrency, pursuant to Section 163.31777(3), F.S.
Charter School:
Public schools of choice which operate under a performance contract, or a
“charter,” in accordance with Section 1002.33, F.S.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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Class Size Reduction:
Florida Constitutional amendment creating class size limits for teacher
to pupil ratios for core educational instruction, as implemented by the Florida legislature.
Comprehensive Plan:
A plan that meets the requirements of Section 163.3177F.S.
Concurrency Service Area (CSA):
A geographic unit adopted by the School Board and local
governments within whichthe level-of-service standard is measured when aSchool Impact
Analysis (SIA) is undertaken by the School Boardfor aresidential development. Within Brevard
County the CSA’s are coincident with the school attendance boundaries at each school level
(elementary, middle, high school).
Concurrency Evaluation and Finding of Nondeficiency (CEFoN) or equivalent:
Once the
School Boardhas issued a School Capacity Determination Letter (SCADL)confirming the
existence of FISH Capacity, the local government may issue a CEFoN, or equivalent, and the
FISH Capacityfor the development is reserved or vested for that development for the life of the
CEFoN.
Consistency:
Compatible with and furthering the goals, objectives and policies of the
Comprehensive Plan Elements and this Agreement.
De Minimis Impact:
Theimpact from a development proposal upon the School Board in
regards to additional studentsis minimal in nature per the criteria set in Section 13.1 of this
Agreement and allows the proposed residential development to be exempt from one or both
elements of the School Impact Analysis.
Developer:
Any person orgovernmental agency undertaking any residential construction.
Development Order:
Any order granting, or granting with conditions, an application for a
development permit.
Development Permit:
Any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance,or any other official action of local government having
theeffect of permitting the development of land.
Educational Facility:
The buildings, equipment, structures, propertyand special educational
use areas that are built, installed or established to serve educational purposes.
Educational Facilities Impact Fee:
A fee designated to assist in the funding for acquisition and
development of school facilities, owned and operated by the School Board, needed to serve
new growth and development.
Educational Plant Survey:
A systematic study of present educational and ancillary plants and
the determination of future needs to provide an appropriate educational program and services
for each student based on projected capital outlay FTE's approved by the Department of
Education. The Educational Plant Survey remains valid for five full years and is amended by
Spot Surveys generated by the School Board and approved by FDOE during that period.
Enclave:
A school attendance boundary area that is not contiguous with the boundary area
that contains the school. These areas are also known as “spot zones” and the boundaries of
enclaves are not considered when determining CSA’sfor concurrency evaluation.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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Exempt Local Government:
A municipality which is not required to participate in the public
schools interlocal agreement requirements, per Section 163.31777 (3) F.S.
Final Development Request:
A Final Development Request is the last procedurein the local
government planning process that is required before a development proposal with a residential
component applies forbuilding permits. Final Development Requests may include Final Plat
Applications, Site Plan Applications, Conditional Use Applications, EngineeringReview
Applicationsas well as otherdevelopment requests that are functionally equivalent.
Financial Feasibility:
An assurance that sufficient revenues are currently available or will be
available from committed funding sources for the first 3 years, or will be available from
committed or planned funding sources for years 4 and 5, of a 5-year capital improvement
schedule for financing capital improvements. The funding sources include, but are not limited
to, ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer
contributions.Financial Feasibility is achieved when these sourcesare adequate to fund the
projected costs of the capital improvements identified in the Five YearDistrictFacilities Work
Program necessaryto ensure that adopted level-of-service standards are achieved and
maintained within the period covered by the 5-year schedule of capital improvements. The
requirement that level-of-service standards be achieved and maintained shall not apply if the
proportionate-share process set forth in Section163.3180(6),F.S.,is used.
Financially Feasible Plan:
A plan issued annually by the School Boardshowing projected
student enrollment,which includes development input by the local governments, sufficient FISH
Capacityto maintain the adopted level-of-service for each of the five years, attendance
boundary changes and school closures.The most recently published Financially Feasible Plan
shall be utilized by the School Board in performing the School Impact Analysis (SIA) for
concurrency.
Five YearDistrictFacilities Work Program:
The School Board’s annually adopted fiveyear
list of capital improvements,as authorized by Section 1013.35, F.S. The Program providesfor
FISH Capacityto achieve and maintain the adopted level-of-serviceand includes long-range
planning for facilities needs over 10-year and 20-year periods.
Full-Time Equivalent (FTE) Student Count:
The fall semester count of all “full-time
equivalent” students, pursuant to Section1011.62, F.S.
Level of Service (LOS):
A standard or condition established to measure FISH Capacity
utilization within a Concurrency Service Area (CSA) boundary.
Local Governments:
Brevard County and its Cities.
Local Planning Agency:
Any agency established by a governing body under the provisions of
Chapter 163 Florida Statutes that first review rezoning and comprehensive plan amendments.
Permanent Classroom:
An area within a school that provides instructional space forstudents
assigned to a teacher which the School Board considers not temporary and the structure
cannot be relocated.
Preliminary Development Request:
A Preliminary Development Request is the initial
application for land use, zoning, and/or development code compliance that begins the local
government planning process for any development proposalwith a residential component.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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Preliminary Development Requests may include Rezoning Applications, Comprehensive Plan
Amendments, transmittal of Large Scale Comprehensive Plan Amendments to the State of
Florida, Preliminary Plat Applications, Site Plan requests, PUD applications, DRI applications,
as well as other development requests that are functionally equivalent.
Proportionate Share Mitigation:
A developer improvement or contribution identified in a
binding and enforceable agreement between the Developer, the School Board and the local
government with jurisdiction over the approval of the development order to provide
compensation for the additional demand on public school facilities created through the
residential development of the property, as set forth in Section 163.3180(6), F.S.
Proposed New Residential Development:
Any application for new residential development or
any amendment to a previously approved residential development, which results in an increase
in the total number of housing units.
Public Facilities:
Civic capital assets including, but not limited to, transit, sanitary sewer, solid
waste, potable water, schools, parks, libraries and community buildings.
Reserved Capacity:
FISH Capacityheld in reserve (vested) by the School Board for a specific
residential development when the local government has issued a CEFoNor equivalent. The
reserved capacity is held by the School Board as long as the local government’s CEFoN or
equivalent has not expired.
Relocatable Classroom:
A movable classroom facility containing non-permanent satisfactory
student stations in FISH, purchased after 1998 and meeting the standards for long-term use
pursuant to 1013.20, F.S.
Residential Development:
Any development that is comprised of dwelling units, in whole or in
part, for permanent human habitation.
School Board:
The governing bodyestablished Article IX, Section 4, of the Florida
Constitution, which shall operate, control and supervise all free public schools within the school
district and determine the rate of school district taxes within the limits prescribed.
School Capacity Availability Determination Letter(SCADL):
A letter prepared by the School
Boardresulting from an SIAidentifying if FISH Capacityis available to serve a residential
project. This letter is theSchool Boardresponse toaConcurrencyDetermination application
andif FISH Capacityexists, and the local governmentissues a CEFoN or equivalent, the
proposed development’s FISH Capacityis reservedor vested.
School Impact Analysis(SIA):
A formal description of a residential project subject to school
concurrency review submitted by a developer through a School Facility Planning and
Concurrency Application for School Board review in accordance with Section 13.2of this
Agreement.
School of Choice:
A school that a student may attend in lieu of their zoned school. Schools
of Choice do not have a geographic attendance boundaryor a Concurrency Service Area(CSA)
andaretherefore not considered in concurrency determinations.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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School Facility Planning and Concurrency Application:
An application for a School Impact
Analysis (SIA) to be undertaken by the School Boardsubmitted by a developer for either a
School Capacity Determination (non-binding) or a Concurrency Determination commitment
(binding) which reservesor vests space for students generated by aspecific development.
Spot Zone:
A school attendance boundary area considered part of, but geographically
detached from,the boundary area that includes the school facility. The boundaries of Spot
Zones are not considered when establishing CSA’s for concurrency evaluation.
Student Generation Multiplier (SGM):
The Student Generation Multiplier is the ratio of
students per residential unit based on the Type of School and the type of residential unitas
described in Appendix “A".
Type of School:
An educational facility providing aspecific levelof education, i.e. elementary,
middle, junior/senior, or high school or special purpose school such as magnet school.
Utilization:
The ratio of the total number of students enrolled at a school at the time of the fall
FTE student count divided by the FISH Capacityat that school. The FISH Capacityshall be
derived from the School Board’s most recently published Financially FeasiblePlan
SECTION 2.JOINT MEETINGS
2.1Meetings of Elected Officials.
One or more elected representatives of the County,
each City and the School Board may meet, if requestedby any ofthe parties to this Agreement,
ina joint workshop session. A representative of the Regional Planning Council will also be
invited to attend. The joint workshop sessions will providethe opportunity for the County, the
Cities, and the School Board to discuss the School Board’s Five YearDistrictFacilities Work
Program, hear reports, discuss policy, set direction, and reach understandings concerning
issues of mutual concern regarding coordination of land use and school facilities planning,
including population and student growth, development trends, school needs, off-site
improvements, and joint use opportunities.The Parties candiscussopportunities to co-locate
schools with other public facilities such as parks, libraries, and community centers tothe extent
possible.A designee of the School Board shall be responsible for coordinating and convening
the meetingupon such request.
2.2Capital Outlay Committee (COC).
The Parties hereby establish a Capital Outlay
Committee (COC) for the purpose of reviewing potential sites for new schools,proposals for
significant renovation,potential closure of existing schoolsand opportunities to co-locate
schools with other public facilities such as parks, libraries, and community centers to the extent
possible. In addition,the Committee willdiscuss issues and formulate recommendations
regarding coordination of land use and school facilities planning, including such issues as
population and student projections, development trends, school needs, joint use opportunities,
and ancillary infrastructure improvements needed to support the school and ensure safe student
access. Based on information gathered during the review, the COC will submit
recommendations to the Superintendent or designee. Additionally, the COC will be a standing
committee to review the School Board’s annual Five YearDistrictFacilities Work Program in
accordance with Section 4.1 and 10 of this Agreement, and serve as the required oversight
committee for school concurrency as detailed in Section 14 of this Agreement.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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In addition to arepresentative of the School Board, the Committee will include astaff member
from the County and a representative from each of the participating Cities.A quorum shall be
established when representatives of the School Board and fifty-percent of the non-exempt
County and Cities are present. The committee shall appoint a chairperson, meet semi-annually
in accordance with the laws of Florida governing public meetings, and report to participating
local governments,the School Boardand the general public on the effectiveness with which this
Agreement is being implemented. A designee of the School Board shall be responsible for
coordinating and convening the semi-annual meetings.
SECTION 3.STUDENT ENROLLMENT AND POPULATION PROJECTIONS
3.1Population And Student Enrollment Projections Distributed Annually.
In fulfillment
of their respective planning duties, the County, Cities, and School Board agree to coordinate
and base their plans upon consistent projections of the amount, type, and distribution of
population growth and student enrollment. The County and Cities will provide the School Board
with a listing of their potentially useful surplus properties by August 15.At this time, a potentially
useful property is a minimum of 10 acresfor Elementary Schools, 20 acres for Middle Schools,
and 40 acres for High Schools. The standards for potentially useful properties may be changed
by the School Board at any time and the COC will be notified. The County and Cities shall
provide updated fiveyear population projections from the Local Government Comprehensive
Plans or other Local Government adopted documents and development data by October 15 as
required by Section9.1 of this Agreement and the School Board will supply the annually
updatedFinancially Feasible Planby December 31stas described in Section 9.2of this
Agreement.
3.2Student Projections.
The School Board shall use student population projections based
on information produced by demographicdata, where available, as modified by theSchool
Board based on development data and agreement with the Cities and the County.
SECTION 4.COORDINATING AND SHARING OF INFORMATION
st
4.1Five YearDistrictFacilities Work Program.
By September 1of each year, the
School Board shall submit to the County, each City and the Capital Outlay Committee (COC)
the Five YearDistrictFacilities Work Program prior to adoption by the Board.The School Board
will make available the preliminary Five YearDistrict Facilities Work Program if available.
(a)The plan will be consistent with the requirements of Section 1013.35, F.S., and include
projected student populations based on Florida Department of Education (FDOE) Capital
Outlay Full-Time Equivalent (COFTE) projections data, , an inventory of existing school
facilities, projections of facility space needs, information on relocatables, general
locations of new schools for the 5, 10, 20-year time periods, optionsto reduce the need
for additional permanent student stations, and general locations of potential school
closuresif available.
(b)The Cities and County shall review the plan and provide written comments to the School
Board prior to September 15th.
(c)If the local government does not support the plan, the matter shall be resolved pursuant
to Section 17 of this Agreement.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 8
4.2Educational Plant Survey.
Educational Plant Surveyupdatesare undertaken by the
School Board at least every five years. Three months prior to preparation of the Educational
Plant Survey update, the Capital Outlay Committeeestablished in subsection 2.2will assist the
School Board in an advisory capacity in the preparation of the update. The Educational Plant
Survey shall be consistent with the requirements of Section 1013.31, F.S., and include at least
an inventory of existing educational facilities, recommendations for new and existing facilities,
and the general location of each in coordination with the land use plan. Upon receipt ofthe
Educational Plant Surveyupdate, the Capital Outlay Committeewill have fifteen (15) calendar
days to evaluate and make recommendations regarding the location and need for new schools,
significant renovation or expansion, and closures of educational facilities, and the consistency of
such plans with the local government comprehensive plan and relevant issues listed in Sections
5.2, 5.3, 6.1, 7.4 and 8.1 of this Agreement.
SECTION 5.SCHOOL SITE SELECTION, RENOVATIONS, AND SCHOOL CLOSURES
5.1New School Sites.
When the need for a new school is identified in the Five Year
District Facilities Work Programlocal governments within the subject area shall provide the
School Board with a list of potentially useful (as defined inSection 3.1) surplus property for
evaluation. The School Board will submit tomembers ofthe COC for reviewa list of potential
sites under consideration in the area of need. The list of potential sites for new schools will be
submitted to the local government with jurisdictionfor an assessment regarding consistency
with the local government comprehensive plan. The coordination process shall be in
accordance with Chapter 1013.33 F.S. as follows:
(a) To improve coordination relative to potential educational facility sites, the School Board
shall provide written notice to the local government that has regulatory authority over the
use at least 90days prior to acquiring property, or 45 days prior to leasing property,that
may be used for a new public educational facility. The local governments shall have 45
days after receiving the School Board’s written notice to providea determination if the
lease or acquisition is consistent with zoning, land use categories and the policies of the
Comprehensive Plan. The review period would allow for public comment from the people
affected and local governments may put forward alternative sites which could save the
School Board additional funding.
(b) If the determination is affirmative, school construction may commence and further local
government approvals are not required, except as provided in Section 5.2.
(c)Failure of the local governing body to make a determination in writing within 90 days
after a School Board's request for a determination of consistency shall be considered an
approval of the School Board's application. Campus master plans and development
agreements must comply with the provisions of Section 1013.30 F.S.
(d)If a determination is made that a proposed school site is not consistent with the
comprehensive plan, the local government shall identify whether it will support
necessary amendments to the comprehensive plan required to make the school site
consistent. Based on the information gathered during this review for new schools, the
COC will make a recommendation to the Superintendent or designee if one or more
sites havebeen identified, in the order of preference.
(e) If the local government does not support the proposed School Board’s choice for a
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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school site, the matter shall be resolved pursuant to Section 17 of this Agreement.
5.2School Site Plan Review.
Once a school site has been selected and site design has
begun, the School Board shall provide the local government the opportunity to review and
comment on the proposed site plan as early in the design phase of the new public educational
facilities as feasible.
A local governing body may not deny the site applicant based on adequacy of the site plan as it
relates solely to the needs of the school. If the site is consistent with the comprehensive plan's
land use policies and categories in which public schools are identified as allowable uses, the
local government may not deny the application but it may impose reasonable development
standards and conditions in accordance with s.1013.51(1) and consider the site plan and its
adequacy as it relates to environmental concerns, health, safety and welfare, and effects on
adjacent property. Standards and conditions may not be imposed which conflict with those
established in Chapter 1013 F.S. or the Florida Building Code, unless mutually agreed to as a
part of this Agreement.
5.3Major Renovations and Closures
.When the need for a major renovation that changes
the primary use of a facility, includingstadiums,
resultingin a greater than 10 percent increase or
requires anexpansion of the existing sitethe COC will review
decrease in permanentcapacity,or
the proposed change to determine the impact the renovation will have on the adopted level of
service for schools and provide a recommendation to the school board regarding the proposed
change.The SchoolBoard shall provide the local government having jurisdiction the
opportunity to review and comment on a proposed major renovation atleast 60 days prior to
School Board approval of any school status change andas early in the design phaseas
feasible. Termsas described in Section5.2(a) of this Agreementshall apply to the review by the
local government.
When the need for potential closures of existing schools is identified in the Five YearDistrict
Facilities Work Program, orby the School Board subsequent to the annual approval of the Five
YearDistrict Facilities Work Program, the School Board will convene a meeting of the COC for
the purpose of reviewing potential school closuresa minimum of30 days prior to the meeting at
which anAction Item to consider school closures is heard by the School Board.Such closure
analysis shall bebased on objective criteria adopted by the School Board. Based on
information gathered during the review, the COC will submit consensus recommendations to the
Superintendent or designeea minimum of 10days prior to the meeting at which the Action Item
is heard by the School Board. Arepresentative of the COC shall have the opportunity to
presentthe recommendations at the meeting at which the Action Item is heard by the School
Board.
SECTION 6.SUPPORTING INFRASTRUCTURE
6.1Joint Consideration of On-Site and Off-Site Improvements.
In conjunction with the
land use consistency determination described in subsection 5.1 of this Agreement, the School
Board and affected local government will jointly determine the need for and timing of on-site and
off-site improvements necessary to support each new school or the proposed major renovation
of an existing school. The School Board and the affected local government will enter into a
written agreement identifying the timing, location, and the party or parties responsible for
financing constructing, operating and maintaining the required improvements.
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SECTION 7.LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS
7.1Appointed LPA Members.
The County and Cities will include a nonvoting
representative appointed by the School Board on the local planning agencies, or equivalent
agencies, to attend those meetings at which the agendas consider comprehensive plan
amendments and rezonings that would, if approved, increase residential density on the property
that is the subject of the application. The Cities and County may at their discretion grant voting
status to the appointed School Board member.
7.2County and City Development Applications Shared with the School Board.
The
County and the Cities shall give the School Board Superintendent notification of land use
applications and development proposals pending before them that may affect student
enrollment, enrollment projections, or school facilities in accordance with Section 13 of this
Agreement. Such notice will be provided in a timely manner prior to development order or
development permit approval. This notice requirement applies to amendments to the
comprehensive plan future land use map, rezonings, developments of regional impact, and/or
major residential or mixed-use development projects.
7.3Criteria for Evaluating Residential Development Applications
. In addition to the
regulatory review process for school concurrency described in Section 13 of this Agreement,
reviewing and approving Comprehensive Plan amendments, rezonings, for residential
development proposals, the County and Cities will also consider the following issues, as
applicable:
(a)The consideration of School Board comments on residential development proposals;
(b)The provision of school sites and facilities within neighborhoods;
(c)The compatibility of land uses adjacent to existing schools and reserved school sites;
(d)The co-location of parks, recreation and neighborhood facilities with school sites;
(e)The linkage of schools, parks, libraries and other public facilities with bikeways, trails,
and sidewalks for safe access;
(f)The existing traffic circulation pattern serving schools and their surrounding
neighborhood;
(g)The provision of off-site signalization, signage, access improvements, and sidewalks to
serve schools;
(h)The location / inclusion of school bus stops and turnarounds, and
(i)The impact of development proposalson the public school facilities capital plan.
7.4Formulating City and County Plans and Programs
. In formulating community
development plans and programs, the County and Cities will consider the following issues:
(a)Scheduling of capital improvements that are coordinated with and meet the capital
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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needs identified in the School Board’s Five–Year DistrictFacilities Work Program;
(b)Providing incentives to the private sector to identify and implement creative solutions to
developing adequate school facilities in residential developments;
(c)Targeting community development improvements in older and distressed neighborhoods
near schools; and
(d)Working to address and resolve multi-jurisdictional public school issues.
SECTION8.CO-LOCATION AND SHARED USE
8.1Co-location and Shared Use.
The co-location and shared use of facilities are
important to both the School Board and local governments. The School Board will look for
opportunities to co-locate and share use of educationalfacilities and publicfacilities when
preparing the Five YearDistrict Facilities Work Program. Likewise, co-location and shared use
opportunities will be considered by the local governments when preparing the annual update to
the comprehensive plan'sschedule of capital improvements and when planning and designing
new, or renovating existing, community facilities. Opportunities for co-location and shared use
with public schools will be considered for the following:
(a)Libraries;
(b)Parks and recreation facilities;
(c)Community centers;
(d)Auditoriums;
(e)Learning centers;
(f)Museums;
(g)Performing arts centers, and
(h)Stadiums.
In addition to the above, co-location and shared use of school and governmental facilities for
health care and social services will be considered.
8.2 Mutual Use Agreement.
For each instance of co-location and shared use, the School
Board and local government shall enter into a separate agreement which addressesliability,
operating and maintenance costs, scheduling of use, and facility supervision or any other issues
that may arise from co-location and shared use.
SECTION 9.SPECIFIC RESPONSIBILITIES OF THE PARTIES
9.1Specific Responsibilities of the County and Cities.
The County and Cities shall
undertake the following activities:
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(a)Maintain theschool concurrency provisions in their Land Development Regulations
(LDR) consistent with the requirementsof this Agreement.
(b)Withhold the approval of any Preliminary Development Request, or functional equivalent
for new residential units notexempted under Section 13.1(d)of this Agreement, until the
School Board has issued a CDLverifying that FISH Capacityis currently available to
accommodatea residential project.
(c)Withhold the approval of any FinalDevelopment Request, or functional equivalent for
new residential units not exempted under Section 13.1(d) of this Agreement, until the
School Board has issued aSCADL verifying that FISH Capacityis available and has
been reserved to accommodatea residential project.
(d)Share information with the School Board regarding population projections, projections of
development and redevelopmentfor the next 10 years,infrastructure required to support
public school facilities, and amendments to the Comprehensive Planconsistent with the
th
requirementsof this Agreement by October 15of each year.
(e)Maintain data for approved new residential development. The data shall be provided to
th
the School Boardannually by October 15,for the prior fiscal year (October 1 to
September 30).and include at a minimum, the following:
1.Development name and location
2.Total number of dwelling units by unit type (single-family, multi-family, etc.)and
any planned phasing information.
3.Impact fee calculation, from the jurisdiction collecting the fees.
4.Total number of dwelling units with certificates of occupancy (CO) by
developmentor by remaining vacant lots per development.
5.A list of all Preliminary and Final Development Requests determined to be
exempt based on de minimis impact.
6.A list of all expired projectsand completed projects.
7.A list of any changes to the Comprehensive Plan in the Public School Facilities
Element (if applicable), Intergovernmental CoordinationElement, Capital
Improvements Element, or any other element related to Public Schools.
(f)Transmit School Facility Planning and Concurrency Applicationsto the School Boardto
undertake the School Impact Analysis(SIA)for all residential Preliminary andFinal
Development Requestsunless exempt under Section 13.1 (d) of this Agreement.
9.2Specific Responsibilities of the School Board.
By entering into this Agreement, the
School Board agrees to undertake the following activities:
(a)Annually prepare and update a Five YearDistrictFacilities Work Program and a
Financially Feasible Plan containing adequate FISH Capacityeach year to meet the
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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projected COFTE in the Five YearDistrictFacilities Work Program and the projected
students, including the local governmentdevelopment projections, in the Financially
Feasible Planso that no schools exceed the adopted Level-of-Service.The School
Board shall transmit to the County, the Cities and the COC copies of the proposed
st
Financially Feasible Plan by December 31
of each year.
(b)Institute program and/or school attendance boundary adjustments as necessary,based
uponadopted School Board Policy,to maximize the utilization ofFISH Capacityin order
toensure that all schools of each type (elementary, middle, junior/senior high, and high)
in each Concurrency Service Area and each individual school operate at or below the
adopted Level-of-Service, consistent with the requirements of this Agreement.
(c)Construct the FISH Capacityenhancing projects necessary to maintain the adopted
Level-of-Service specified in this Agreement.
(d)Consider utilizing charter schools built in conformance with School Boardstandards to
expand the FISH Capacityof the public school system and mitigate the educational
impact created by the development of new residential dwelling units.
(e)Provide the County and Cities with the required data and analysis updated annually to
support the comprehensive plan elements and any amendments relating to school
concurrency.
(f)Adopt a ten-and twenty-year work program consistent with the requirements of this
Agreement.
(g)Review and undertake School Impact Analysis for proposed new residential
developments for compliance with concurrency standards,consistent with the
requirements of this Agreement.
(h)Review proportionate share mitigation options for new residential development
consistent with the requirements of this Agreement.
(i)Prepare annual reports on enrollment and FISH Capacity, consistent withthe
requirements of this Agreement.Provide annual concurrency report with a list of
developments and the number of units.
(j)Provide necessary staff and material support for meetingsof the COC as required by
this Agreement.
(k)Provide information to the County and Cities regarding enrollmentprojections, school
siting, andinfrastructure necessary to support public school facilities consistent with the
requirements of this Agreement.
(l)Provide notice to local governments and convene a meeting of the COC whenever the
School board intends to deviate from the Five YearDistrictFacilities Work Program.
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SECTION 10.SCHOOL BOARD’S 5 YEAR DISTRICT FACILITIES WORK PROGRAM
10.1School Board’s Five YearDistrict Facilities Work Program.
In preparation of the
Five–Year District Facilities Work Program and each annual update,the School Board shall
undertake the following:
(a)Update and adopt the Five–Year District Facilities Work Program for public schools in
th
Brevard County on or before September 30of each year,adding a new financially
feasible fifth year that will achieve and maintain the Adopted LOS for the fiveyear
period.
(b)Specify all new construction, remodeling or renovation projects which will add permanent
capacity or modernize existing facilities.
(c)Identify any potential school closures
(d)Prepare the Five–Year District Facilities Work Program and each annual update to
provide a program of school construction for a five (5) year period.
(e)Include school construction projects which, when completed, will add sufficient FISH
Capacityto achieve and maintain the adopted LOS standard for all schools based on the
projected enrollment; provide for required modernizations; and satisfy the School
Board’s constitutional obligation to provide a uniform system of free public schools on a
county-wide basis.
(f)Include a description of each school project, a listing of funds to be spent in each fiscal
year for the planning, preparation, land acquisition, and actual construction and
renovation of each school project which adds FISH Capacityor modernizes existing
facilities; the amount of FISH Capacityadded, if any; and a generalized location map for
proposed schools included in the Five YearDistrict Facilities Work Program.
(g)Maximize utilization of existing schools so that proposed projects add the necessary
FISH Capacityto maintain the adopted Level of Service standard.
(h)The Five YearDistrict Facilities Program and each annual update shall identify the
projected enrollment, FISH Capacityand utilization percentage of all schools.
10.2Long Range Educational Facilities Plan.
As part of the adopted Five YearDistrict
Facilities Work Program, the School Board shall annually adopt a tentative ten-year and a
twenty-year work plan based upon revenue projections, COFTE projections and facility needs
for the ten-year and twenty-year periods. It is recognized that the projections in the ten-and
twenty-year time frames are tentative and should be used only for general planning purposes.
10.3Transmittal.
The School Board shall transmit to the County, the Citiesand the COC
copies of the proposed Five YearDistrict Facilities Work Program, which includes the Long-
Range Educational Facilities Plan, for review and commentper Section 4.1 of this Agreement.
10.4Adoption.
Unless the adoption is delayed by mediation or a lawful challenge, the
School Board shall adopt the Five YearDistrictFacilities Work Program no later than
thst
September 30, and it shall become effective no later than October 1of each year.
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10.5Amendments to the Five YearDistrict Facilities Work Program.
The School Board
shall not amend the Five YearDistrictFacilities Work Program so as to modify, delay or delete
any project in the first three (3) years of the Program unless the School Board provides written
confirmation to the COC that:
(a)The modification, delay or deletion of a project is required in order to meet the School
Board’s constitutional obligation to provide a county-wide uniform system of free public
schools or other legal obligations imposed by state or federal law; or
(b)The modification, delay or deletion of a project is occasionedby unanticipated change in
funding, COFTE projections or growth patterns or is required in order to provide needed
FISH Capacityin a location that has a current greater need than the originally planned
location and does not cause the adopted LOS to be exceeded in the Concurrency
Service Area from which the originally planned project is modified, delayed or deleted; or
(c)The project schedule or scope has been modified to address local government
concerns, and the modification does not cause the adopted LOS standardto be
exceeded in the Concurrency Service Area from which the originally planned project is
modified, delayed or deleted;and
(d)The COC, as the required oversight committee for school concurrency as detailed in
Section 14 of this Agreement, has had the opportunity to review the proposed
amendment and has submitted its recommendation to the Superintendent or designee.
(e)The School Board may amend at any timethe Five YearDistrict Facilities Work Program
to add necessary FISH Capacityprojects to satisfy the provisions of this Agreement. For
additions to the Five YearDistrictFacilities Work Program, the School Board must
demonstrate its ability to maintain the financial feasibility of the Program.
SECTION 11.COMPREHENSIVE PLAN ELEMENTS
11.1Required Comprehensive Plan Amendments
. The County and the Cities agree to
adopt and maintain those requirements found in Community Planning Act “ Chapter 2011-139,
Laws of Florida”, until and unless the laws are changed and thisAgreement issubsequently
amended.Said principles, standards, and guidelines, including AdoptedLevel of Service
requirements stated in Chapter 2011-139 must be found in a Public School Facilities Element or
in the Intergovernmental Coordination Element of the ComprehensivePlansadopted by the
County and Cities.
11.2Capital Improvements Element.
The County and Cities shall amend the Capital
Improvements Element of their Comprehensive Plan to include the School Board’s Five Year
District Facilities Work Programwhich shall be adopted and updated consistent with the School
Board’s adoption and Section 163.3177 (3), F.S.
11.3Intergovernmental Coordination Element (ICE)
.Related to school concurrency
purposes, the process for the development, adoption, and amendment of the Intergovernmental
Coordination Element, shall be that process set forth below and pursuant to Section 163.3184,
F.S.
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(a)In the event that it becomes necessary to amend the ICE, the local government wishing
to initiate an amendment shall request review through the COC prior to transmitting the
amendment to the State of Floridaland planning agencypursuant to Section 163.3184,
F.S. The COC shall be responsible for distributing the amendment to all Parties to this
Agreement for review and comment.
1.To achieve required consistency, all local governments shall adopt the
amendment in accordance with the statutory procedures for amending
comprehensive plans.
2.If any local government objects to the amendment and the dispute cannot be
resolved between or among the Parties, the dispute shall be resolved in
accordance with the provisions set forth in this Agreement. In such a case, the
Parties agree not to adopt the amendment until the dispute has been resolved.
SECTION 12.SCHOOL CONCURRENCY PROGRAM
12.1Commencement of School Concurrency.
The School Concurrency Program
described in this Agreement shall be implemented no later than the effective date of this
Interlocal Agreement
12.2Concurrency Service Area (CSA) Boundaries.
The Parties hereby agree that School
Concurrency shall be measured and applied using a geographic area known as a Concurrency
Service Area (CSA) which shall coincide with the school attendance boundaries, as adopted by
the School Board. The mapping of the CSAs(school attendance boundaries)shall be included
in thedata and analysis support as required in 163.3180(1)(b) and is optional if placedin the
ComprehensivePlan.
(a)The County and Cities shall adopt by reference the standards for modification of the
Concurrency Service Area boundary maps as defined here into the Comprehensive
Plan.
1.The School Boardand local governments shall apply school concurrency on a
less than district-wide basis, using the school attendance boundaries, in which
the school is located,as the CSA. Use of this method will create a separate
concurrency service area for each elementary, middle, highandany combination
school. Each school attendance zone will become its own CSA.
2.Charter schools and Schools of Choicewill not have their own CSA. Charter and
Schools of Choiceare open to all students residing within the district; and
students are generally accepted through application approval. These special
public schools vary in size, and may target a specific type of student and can limit
the age groups or grade levels.
(b)As future school boundary changes are required for schoolsprogrammed in the Five
YearDistrictFacilities Work Program, the CSAs (school attendance boundaries) shall be
modified to the greatest extent possible to provide maximum utilization.The School
Boardwill perform as lead agency for coordination and review of proposed changes to
the CSAs(school attendance boundaries).
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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(c)The Parties shall observe the following processforthe timingof the review formodifying
CSAs(school attendance boundaries).
1.Objective criteria shall be adopted by the School Board to implement school
attendance boundary, and subsequently CSA boundary, changes. When the
need for potential attendance boundary changes is identified in the Five Year
District Facilities Work Program, or by the School Board subsequent to the
annualapproval of the Five Year District Facilities Work Program, the School
Board will convene a meeting of the COC for the purpose of reviewing potential
attendance boundary changes a minimum of 30 days prior to the meeting at
which an Action Item to considerattendance boundary changes is heard by the
School Board.
2.The COC shall review the proposed boundary changes.Based on information
gathered during the review, the COC will submit consensus recommendations to
the Superintendent or designee a minimum of 10days prior to the meeting at
which the Action Item is heard by the School Board. A representative of the
COC shall have the opportunity to present the recommendations at the meeting
at which the Action Item is heard by the School Board.
3.The change to aCSAboundary shall become effective upon final adoption of the
new school boundaries by the School Board.
(d)The Parties hereby agree that the “Spot Zoned” geographic areas of a school
attendance boundary do not constitute additional adjacencies.
12.3Level of Service (LOS).
To ensure the FISH Capacityof schools is sufficient to support
projected student growth, the County, Cities and School Board shall adopt a LOS for allschools
of the same type. The Parties hereby agree that the desired LOS standard shall be 100% of the
FISHCapacityfor each elementary, middle,and high school, and any combination school.
12.4School Concurrency Regulations.
Each Local Government that is party to this
Agreement shall adopt school concurrency provisions into its LandDevelopment Regulations
(LDR) consistent with the requirements of this Agreement.
(a)The County and the Cities shall amend their LDRs to adopt school concurrency
provisions for the undertaking by the School Boardof a School Impact Analysis for
Preliminary and Final Development Requests.
1.In the event that any participating City does not adopt LDRs, that government
shall be deemed to have “opted in” to the County regulations and agrees to be
bound by the terms and provisions therein until it adopts its own ordinance.
2.At any time, any Local Government may opt out of the County’s implementing
ordinance through implementing its own ordinanceconsistentwith this
Agreement.
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SECTION 13.UNIFORM SCHOOL CONCURRENCY PROCESS
13.1General Provisions.
The County, the Cities and the School Board shall ensure that
the Adopted Level of Service Standard established for each school type is maintained.
(a)NoPreliminary Development Requestfor new residential development may be approved
by the County or Citiesgoverning body and/orLocal Planning Agency, unless the
residential development is exempt from these requirements as provided in Section 13.1
(d) of this Agreement, or until a School Impact Analysis(SIA)has been undertaken
resulting in aCapacity Determination Letterissued by the School Board to the local
government indicating that adequate school facilities exist.
(b)No Final Development Requestfor new residential development may be approved by
the County or Cities governing body and/or Local Planning Agency unless the residential
development is exempt from these requirements as provided in Section 13.1 (d) of this
Agreement, or until a School Impact Analysis(SIA)has been undertaken resulting in a
School Capacity Availability Determination Letter (SCADL) issued by the School Board
to the local government indicating that adequate school facilities have been reserved to
accommodate the impacts of the development.
(c)Alocal government may conditionthe approval of the residential development to ensure
that the necessary FISH Capacityis in placeto meet the adopted LOSat the time of
residential impacts, in order to validate or render effective the approval. This shall not
limit the authority of a local government to deny a development permit or its functional
equivalent, pursuant to its home rule regulatory powers.
(d)The following residential uses shall be considered exempt from the requirements of
school concurrency:
1.All single family lots of record at the time the School Concurrency implementing
ordinance becameeffective.
2.Any new residential development that has an unexpiredpreliminary plat or site
plan approval or the functional equivalent for a site specific development order
prior to the commencement date of the School Concurrency Program.
3.Any amendment to any previously approved residential development, which does
not increase the number of dwelling units or change the type of dwelling units
(single-family to multi-family, etc.).
4.Any age restricted community with no permanent residents under the age of
eighteen (18). Exemption of an age restricted community will be subject to a
restrictive covenant limiting the age of permanent residents to 18 years and
older.
5.The replacement of an existing residential dwelling unit, including those partially
or entirely damaged, destroyed or demolished, with a new unit of the same type
and use provided that the existing unit has been occupied at some time during
the fiveyear period immediately preceding the construction of the new unit.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 19
6.De minimisImpact for School Capacity Determination (non-binding):
a.Small Scale Comprehensive Plan Amendment requests which will not
increase the maximum allowable residential units by 50 units or more.
b.Preliminary Development Requests (not including Large Scale
Comprehensive Plan Amendments) which will not increase the maximum
allowable residential units by 50 units or more.
7.De minimisImpact for Concurrency Determination (binding) –Any residential
development request, which based on the Student Generation Rate (SGM)
established in this Agreement will not exceed one (1) studentfor anytype of
school.
(e)Upon request by a developer submitting a Preliminary Development Requestor Final
Development Request with a residential component, the local government may contact
the School Board for a determination as to whether or not the request is exempt fromthe
requirements of school concurrency.
13.2School Concurrency Application Review
(a)Any developer submitting a Preliminary Development Request with a residential
component that is not exempt under Section 13.1(d) of this Agreement is subject to
school concurrency and must prepare and submit to the local government aSchool
Facility Planning and Concurrency Application to have a School Impact Analysis (SIA)
undertaken by the School Board. The application shalldesignate thatthe developer
requeststo have a School Capacity Determination (non-binding)undertaken by the
School Board.
(b)Any developer submitting a Final Development Requestwith a residential component
that is not exempt under Section 13.1(d) of this Agreement is subject to school
concurrency and must prepare and submit to the local government a School Facility
Planning and Concurrency Application to have a School Impact Analysis (SIA)
undertaken by the School Board.The application shalldesignate that the developer
requeststo havea Concurrency Determination (binding) undertaken by the School
Board.
(c)Any developer that is submitting a Preliminary Development Request simultaneously
with a Final Development Request witha residential component that is not exempt under
Section 13.1(d) of this Agreement is subject to school concurrency and must prepare
and submit to the local government a School Facility Planning and Concurrency
Application to have a School Impact Analysis (SIA) undertaken by the School Board. In
this case the application shalldesignate that the developer requests to have a
Concurrency Determination (binding) undertaken by the School Board.
(d)The School Facility Planning and ConcurrencyApplication must indicate the location of
the development, number of dwelling units and unit types (single-family, multi-family, or
manufactured housing), a phasing schedule (if applicable), and age restrictions for
occupancy (if any). The local government shall initiate the review by determining that
the application is sufficient for processing. Upon determination of application sufficiency,
the local government shall transmit the applicationto the School Boardrepresentative
for review. The process is as follows:
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Page 20
1.APreliminary Development Requestmay be exempt from a School Impact
Analysis under Section 13.1(d) of this AgreementAFinalDevelopment Request
may be exempt from a School Impact Analysis under Section 13.1(d) of this
Agreement.
2.ASchool Facility Planning and ConcurrencyApplication forresidential
development issubmitted to the local government initiating a sufficiency review.
Once deemed sufficient, the local government transmits the School Facility
Planning and ConcurrencyApplication to the School Board to undertake a School
Impact Analysis.The School Board may charge the applicant a non-refundable
application fee payable to the School Board to meet the cost of review.
3.The School Board representative shall undertake the School Impact Analysisfor a
residential development which has been submitted and deemed sufficient for
processing by the applicable local government. The application will be processed
based upon whether the application is fora School Capacity Determination (non-
binding) or a Concurrency Determination (binding).
4.The School Board representative shall undertake the School Impact Analysis in
the order in which it is received and verify whether sufficientFISH Capacityfor
each type of school is availableor not available in the proposed development’s
CSA.
a. To determine a proposed development’s projected students, the proposed
development’s projected number and type of residential units shall be
converted into projected students for theschool of each type within the
specific CSA using the Student Generation Multiplier(SGM), as
established by the method describedin Appendix “A.”The School Board
will review the established SGM at least every fiveyears and willamend
that multiplier to reflect the current district wide student generation rates.
b. New FISH Capacitywithin a CSA which is in place or under actual
construction in the first three years of the Five YearDistrictFacilities Work
Program will be addedto the FISH Capacityshown in the CSA, and is
counted as available FISH Capacityfor the residential development under
review.
(e)If the projected student growth from a residential development causes the adopted LOS
to be exceeded in the CSA, adjacent CSAswill be reviewed for available FISH Capacity.
1.In conducting the adjacency review, the School Board shall first use the adjacent
CSA with the most available FISH Capacityto evaluate projected enrollment and,
if necessary, shall continue to the CSA with the next most available FISH
Capacityuntil all adjacent CSAs have been evaluated or the available FISH
Capacityhas been identified to allow a SCADL approving school concurrency to
be issued.
2.If a proposed new development causes the LOS in the CSA in which it is located
to exceed the adopted LOS standard and there is available FISH Capacityin an
adjacent CSA, actual development impacts shall be shifted to the contiguous
CSA(s)having available FISH Capacity. This shift shall be accomplished
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 21
through boundary changes or by assigning future students from the development
to an adjacent CSA. Section 12.2(d) of this Agreement shall be observed when
considering adjacent FISH Capacity.
(f)In the event that there is not adequate FISH Capacityavailable in the CSA in which the
proposed development is located or in the adjacent CSAsto support the development,
the School Board representative will issue either a CDL (non-binding) or a SCADL
(binding) within ten(10)working days detailing why thedevelopment is not in
compliance. If the developer has submitted for a Concurrency Determination (binding)
the applicant will be offeredthe opportunity to enter into a negotiation period to allow
time for the mitigation process described below in Section 13.5 of this Agreement. If the
proposed mitigation is accepted, the School Board shall enter into an enforceable and
binding agreement with the affected local government and the developer pursuant to
Section 13.5 of this Agreement.
(g)When FISH Capacityhas been determined to be available, the School Board
representative shall issue a CDL(non-binding) or a SCADL (binding) verifying available
FISH Capacityto the applicant and the affected local government within ten(10) working
days of receipt of the application.
(h)The local government shall be responsible for notifying the School Board representative
when a residential development which was submitted as a binding Concurrency
Determination has received a Concurrency Evaluation Finding of Nondeficiency,or
functional equivalent,by the local government andwhen the development order for the
residential development expires or is revoked...
13.3School Concurrency Approval.
Issuance of a SCADL by the School Board identifying
that adequate FISH Capacityexists indicates only that school facilities are currently available.
FISH Capacitywill not be reserved until the local government issues a Concurrency Evaluation
Finding of Nondeficiency, or the functional equivalent.
(a)A local government shall not issue a Concurrency Evaluation Finding of Nondeficiency
or functional equivalentfor a residential development until receiving confirmation of
available FISH Capacityin the form of a SCADL from the School Board. Once the local
government has issued a Concurrency Evaluation Finding of Nondeficiencyor functional
equivalentschool concurrency for the residential development shall be valid for the life of
the Concurrency Evaluation Finding of Nondeficiencyor functional equivalent.
Expiration, extension or modification of a Concurrency Evaluation Finding of
Nondeficiencyor functional equivalentfor a residential development shall require a new
review for adequate FISH Capacityto be performed by the School Board.
(b)Local governments shall notify the School Board within ten (10) working days of any
official change in the validity (status) of a Concurrency Evaluation Finding of
Nondeficiency or functional equivalent for a residential development.
(c)The Local Government shall not issuea building permit or its functional equivalent for a
non-exempt residential development until receiving confirmation of available FISH
Capacityfrom the School Board in the form of a SCADL. Once the local government
has issued a Concurrency Evaluation Finding of Nondeficiencyor functional equivalent,
school concurrency for the residential development shall be valid for the life of the
Concurrency Evaluation Finding of Nondeficiencyor functional equivalent.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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13.4Development Review Table.
The School Board shall create and maintain a
Development Review Table (DRT) for each CSA, and will use the DRT to compare the
projected students from proposed residential developments to the CSAs available FISH
Capacityprogrammed within the first three years of the current fiveyear district planning period.
(a)Student enrollment projections shall be based on the most recently adopted Five Year
DistrictFacilities Work Program, and the DRT shall be updated to reflect these
projections. Available FISH Capacityshall be derived using the following formula:
Available FISH Capacity=FISH Capacity¹–(Enrollment² + Vested³)
Where
¹FISH Capacity=FactoredCapacity (As programmed in the first three (3) years
of the Five YearDistrict Facilities Work Program
² Enrollment = Student enrollment as counted at the Fall FTE.
³ Vested = Students generated from residential developments approvedand
receiving a SCADLafter the implementation of school concurrency
(b)Using the Fall FTE, the vested number of students on the DRT will be reduced by the
number of students represented by the residential units that received certificates of
occupancy from the vested development within the previous twelve (12) month period.
13.5Proportionate Share Mitigation.
In the event there is not sufficient FISH Capacity
available to support the students generated from theproposed residential developmentunder
review,based on the student generation multiplier(SGM)calculation of students as described in
Section 13.2(d)4.a, the School Boardshall entertain proportionate share mitigation options and,
if accepted, shall enter into an enforceable and binding agreement with the local government
anddeveloper to mitigate the impact from the development through the creation of additional
FISH Capacity.
(a)When the student impacts from a proposed development cause the adopted LOS to fail,
the developer’s proportionate share will be based on the number ofadditional student
stations necessary to meet the established LOS. The amount to be paid will be
calculated by the cost per student station for elementary, middle,and high school as
determined and published by the State of Florida, plus a share of the land acquisition
and infrastructure expenditures for school sites as determined and published annually in
the Five YearDistrictFacilities Work Program.
(b)The methodology used to calculate a developer’s proportionate share mitigation shall be
as follows:
Proportionate Share = (¹Development students -Available FISH Capacity) x Total
Costª per student station
Where
¹Development students = Students generated by residential development that are
assigned to that school
ªTotal Cost = the cost per student station as determined and published by the
State of Florida, plus a share of the land acquisition and infrastructure
expenditures for school sites as determined and published annually in the Five
YearDistrictFacilities Work Program.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 23
(c)The applicant shall be allowed to enter a negotiation period with the School Board in an
effort to mitigate the impact from the development through the creation of additional
FISH Capacity. Upon identification and acceptance of a mitigation option deemed
financially feasible by the School Board, the developer shall enter into a binding and
enforceable agreement with the School Board and the local government with jurisdiction
over the approval of the development order.
1.A mitigation contribution provided bya developer to offset the impact of a
residential development must be directed by the School Board toward a FISH
Capacityproject identified in the Five YearDistrictFacilities Work Program.
FISH Capacityprojects identified within the first three (3) years of the Five Year
DistrictFacilities Work Programshall be considered as committed in accordance
with Section 10.5 of this Agreement.
2.If FISH Capacityprojects are planned in years four (4) or five (5)of the Five Year
DistrictFacilities Work Program within the same CSA as the proposed residential
development, the developer may pay his proportionate share to mitigate the
proposed development in accordance with the formula provided in Section 13.5
(b) of this Agreement.This may not change the timing of the Five YearDistrict
Facilities Work Program.
3.If a FISH Capacityproject does not exist in the Five YearDistrictFacilities Work
Program, the School Board may add a FISH Capacityproject to satisfy the
impacts from a proposed residential development, if it is funded through the
developer’s proportionate share mitigation contributionsin the next update of the
Program. Mitigation options may include, but are not limited to:
a.Contribution of land or payment for land acquisition in conjunction with the
provision of additional FISH Capacity; or
b.Mitigation banking based on the construction of a public school facility in
exchange for the right to sell FISH Capacitycredits; or
c.Provision of additional student stations through the donation of buildings for
use as a primary or alternative learning facility; or
d.Provision of additional student stations through the renovation of existing
buildings for use as learning facilities; or
e.Construction or expansion of permanent student stations; or
f.Construction of a public school facility in advance of the time set forth in the
Five YearDistrictFacilities Work Program.
g.Construction of a charter school designed in accordance with School Board
standards, providing sufficient permanent capacity to the District’s inventory
of student stations. Use of a charter school for mitigation must include
provisions for its continued existence, including but not limited to the transfer
of ownership of the charter school property and/or operation of the school to
the School Board.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 24
(d)For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating
permanent capacity will reflect the estimated future construction costs at the time of the
anticipated construction. Improvements contributed by the developer shall receive
Educational Facilities impact fee credit.
(e)Developer shall receive an impact fee credit for that portion of the developer’s
educational impact used to fund the improvements on which the proportionate share
mitigation is calculated.
(f)If the proportionate share mitigation required is greater than the impact fees generated
by the development, the difference between the developer’s proportionate share and the
impact fee credit shall be the responsibility of the developer.
(g)Any proportionate share mitigation must directed by the School Board toward a FISH
Capacityimprovement identified in the Five YearDistrictFacilities Work Program.
(h)Upon conclusion of thenegotiation period, a second Determination Letter shall be
issued. If mitigation is agreed to, the School Board shall issue a new Determination
Letter approving the development subject to those mitigation measures agreed to by the
local government, developer and the School Board. Prior to preliminary plat, site plan
approval or the functional equivalent, the mitigation measures shall be memorialized in
an enforceable and binding agreement with the local government, the School Board and
the Developer that specifically details mitigation provisions to be paid for by the
developer and the relevant terms and conditions. In accordance with 163.3180(6)(h)
F.S., having executed a legallybinding commitment, school concurrency is satisfiedand
the development may proceed.
If mitigation is not agreed to, the Determination Letter shall detail why any mitigation
proposals were rejected and why the development is not in compliance with school
concurrency requirements. A School Capacity Determination Letter indicating either that
adequate FISH Capacityis available, or that there is no available FISH Capacity
following the ninety (90) day negotiation period as described in Section 13.5 of this
Agreement, constitutes final agency action by the School Board for purposes of Chapter
120, F.S.
13.6Appeal Process.
A person may appeal a determination made as a part of the School
Concurrency Process.
(a)A person substantially affected by a School Board’s adequate FISH Capacity
determination made as a part of the School Concurrency Process may appeal such
determination through the process provided in Chapter 120, F.S.
(b)A person substantially affected by a local government decision made as a partof the
School Concurrency Process may appeal such decision using the process identified in
the local government’s regulations for appeal of development orders. This shall not
apply to any decision subject to section (a) above.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 25
SECTION 14.OVERSIGHT
14.1Oversight.
The COC will serve as the required oversight committee for school
concurrency to monitor and annuallyevaluate the school concurrency programrelative to the
County and City adopted Comprehensive Plans.
(a)The monitoring and evaluation of the school concurrency process is required pursuant to
Section 163.3180(6)(i)4.c.,F.S., and Section 2 of this Agreement. The COC shall be
responsible for preparing an annual assessment report on the effectiveness of the
School Concurrency System. The report will be made available to the public and
presented at the first semi-annual COC meeting.
(b)The COC members shall be invited to attend all meetings referenced in Section 2 and
shall receive copies of all reports and documents produced pursuant to this Agreement.
The COC shall evaluate the effectiveness of the CSAs for measuring the LOS and
consider making recommendations to amend the CSA Map.
(c)By September 1st of each year, the COC shall receive the proposed Five YearDistrict
Facilities Work Program. The COC will report to the School Board, the County, and the
Cities on whether or not the proposed Five YearDistrictFacilities Work Program
maintains the adopted Level of Service in each CSA by adding enough projects to
increase the FISH Capacity. The COC will examine the need to eliminate any permanent
student station shortfalls by including required modernization of existing facilities, and by
providing permanent student stations for the projected growth in enrollment over each of
the five (5) years covered by the program.
SECTION 15.SPECIAL PROVISIONS
15.1School Board Requirements.
The Parties acknowledge and agree that the School
Board is or may be subject to the requirements of the Florida and United States Constitutions
and other state or federal statutes regarding the operation of the public school system.
Accordingly, the County, the Cities and the School Board agree that this Agreement is not
intended, and will not be construed, to interfere with, hinder, or obstruct in any manner, the
School Board’s constitutional and statutory obligation to provide a uniform system of free public
schools on a Countywide basis or to require the School Board to confer with, or obtain the
consent of, the County or the Cities, as to whether that obligation has been satisfied. Further,
the County, the Cities and the School Board agree that this Agreement is not intended and will
not be construed to impose any duty or obligation on the County or City for the School Board’s
constitutional or statutory obligation. The County and the Cities also acknowledge that the
School Board’s obligations under this Agreement may be superseded by state or federal court
orders or other state or federal legal mandates.
15.2Land Use Authority.
The Parties specifically acknowledge that each Local Government
is responsible for approving or denying comprehensive planamendments and development
orders within its own jurisdiction. Nothing herein represents or authorizes a transfer of this
authority to any other party.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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SECTION 16.AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT
16.1Amendment of the Agreement.
This Agreement may be amended by written consent
of all parties to this Agreementafter a COC review. The Agreement will remain in effect
until amended in accordance with Florida Statutes.
16.2Notice Requirements.
County, City or TownManager/Administrator,School Board
Superintendent,or as designated by the individualjurisdiction. Notices to the COC shall
be delivered to allCOCrepresentatives.
16.3Repealof the Agreement.
If the Florida Statute as it pertains to school planning
coordination and school concurrency is repealed, the Agreement is terminated. Parties
desiring to continue the Agreement may do so by written consent.
16.4Terminationof the Agreement.
No party to this Agreement may terminate its
participation in the agreement except through the exemption process in which a
municipality may not be required to participate in school concurrency when
demonstrating that all the requirements are no longer having a significant impact on
school attendance, per Section 163.31777(3), F.S., at the time of a local government
Evaluation and Appraisal Report, by providing a sixty (60) day written notice to the other
Parties to this Agreement.
16.5Withdrawal.
Withdrawal from the Agreement by any party shall not alter the terms of
the Agreement with respect to the remaining signatories.
16.6 Violations.
No provisions of this Agreement shall be in violation of Florida Statutes.
SECTION 17.RESOLUTION OF DISPUTES
17.1Dispute Resolution.
If the parties to this Agreement are unable to resolve any issue in
which they may be in disagreement covered in this Agreement, such dispute will be resolved in
accordance with governmental conflict resolution procedures specified in Chapter 164, F.S.
SECTION 18.EXECUTION IN COUNTERPARTS
18.1Agreement Execution.
This Agreement may be executed in any number of
counterparts, each of which so executed shall be deemed to be original, but all such
counterparts shall, together, constitute but one in the same instrument.
SECTION 19.SUPERSESSION OF PREVIOUS AGREEMENTS
19.1Supersession.
This Agreement supersedesany and all previous Interlocal Agreements
for Public School Facility Planning and/or School Concurrency between any of the Parties to this
Agreement. Any such Agreements are hereby null and void.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 27
APPENDIX “A”
School District Student Generation Multiplier
Determining the number of students generated from new residential development is necessary
to identify the new development’s impact on public schools. In order to calculate the number of
students associated with new residential development, a Student Generation Multiplier (SGM) is
used. Because the number of students living in a housing unit varies depending on the type of
residential housing, the SGM is calculated for four housing types. These housing types are:
single family; multi-family; condominium/co-op; and mobile home.
The SGM shown in Table 1 were calculated using the methodology described below. In
accordance with this Agreement, the SGM shall be reviewed every 5 years and amended as
necessary to reflect the student generation rates applicable at the time of the review.
Table 1
: Brevard County School Concurrency Student Generation Multipliers (SGM)
Single Condo/MobileMulti
FamilyCo-OpHomeFamily
Elementary
0.280.050.040.27
Middle
0.080.010.010.06
High
0.160.030.020.10
Total
0.520.100.070.43
Methodology
Two datasets were used to calculate the student generation rates: the Geographic Information
Systems (GIS) property parcel file from the Brevard County Property Appraiser’s office and the
October 2013 public school student enrollment data from the Brevard School District. The
student address data were geocoded to property parcel data and street centerline data to create
a GIS point file with the spatial location of each student based on their address. 72,731 of the
72,775 student records (99.94%) were geocoded to an existing address file.
A spatial join was applied to the parcel data and geocoded student data. A spatial join is a type
of spatial analysis in which the attributes of features in two datasets are joined together based
on the relative location of each feature. In this case, the spatial join linked the point location of
each student to a specific property parcel. The result of this operation is one GIS file that
contains student data as well as housing type and year built data from the Property Appraiser.
This study looked at the entire public school population, including students attending charter
schools. The total student population data was filtered to identify students living in housing units
that were constructed in year 2000 or later. The multiplier analysis determined that there were
22,214 students living in 53,035 housing units constructed in Brevard County since 2000.
Table 2 shows the number of students by housing type and school type in Brevard County as of
October 18, 2013. Note that 698 students could not be assigned to a residential land use due to
discrepancies in the parcel data. These students were proportionately distributed to the four
housing types based on the housing type distribution for the total student population.
Appendix “A” School District Student Generation Multiplier
BrevardCounty Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
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Table 2
: Students by Residential Housing Type Built Since 2000 and School Type
Single Condo/MobileMulti
Totals
FamilyCo-OpHomeFamily
Elementary (PK-6)
10,3533561681,39612,273
Middle (7-8)
2,892100583323,382
High (9-12)
5,751224765086,559
All Students18,9966803022,23622,214
Table 3 details the 2014 housing type counts for Brevard County. These data were obtained
from several sources. The condo/co-op numbers are from the May 2014 property parcel GIS
data provided by the Brevard County Property Appraiser’s Office. The singlefamily, mobile
home, and multi-family totals are the most recent data published by the Florida Housing Data
Clearinghouse. The Florida Housing Data Clearinghouse reports condos as part of the multi-
family figures, so the Brevard County Property Appraiser’s Office total number of condos was
subtracted in order to calculate the total multi-family housing units.
Table 3
: Dwelling Units Built Since 2000 by Type
Single Condo/MobileMulti
Total
FamilyCo-OpHomeFamily
Dwelling Units
36,6227,0134,2495,15153,035
Built Since 2000
Application of the SGM
To determine the student impact of a proposed residential development for school concurrency
purposes, a proposed development’s projected number and type(s) of unit(s) are converted into
the number of projected students for each school type. As an example, based on the
generation rates in Table 1, for every 100 single-family housing units constructed, Brevard
County Public Schools must plan to accommodate 28 elementary school students.
Appendix “A” School District Student Generation Multiplier
BrevardCounty Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 45