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Legislation
Resolution
City Nall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number. 07-0U82 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND
RESTATED INTER -LOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI, THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, AND THE COUNTY TO IMPROVE COORDINATION BETWEEN LAND
USE AND SCHOOL FACILITY PLANNING; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES: AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on October 3, 2007, Item No. 2,
following an advertised public hearing, adopted Resolution No. PAB 07-039 by a vote of nine to zero
(9-0), recommending APPROVAL as hereinafter set forth; and
WHEREAS, Florida Statutes Sections 163.31777 and 1013.33 require each county and the
non exempt municipalities within that county to enter Into an Interlocal Agreement with the district
school board to establish jointly the specific ways in which the plans and processes of the district
school board and the local governments are to be coordinated; and
WHEREAS, the City of Miami( the City), Miami -Dade County (the County) and the Miami -Dade
County School Board (the School Board) and other municipalities in the County entered into the
original Interlocal Agreement implementing comprehensive land use and school facilities planning
policies in 2003; and
WHEREAS, subsequent to the original Interlocal Agreement , in 2005, the Florida Legislature
enacted Chapter 2205-98 , Laws of Florida, codified as § 163.31777, §163.3180(13) and § 1013.33,
Florida Statutes, which in relevant portions, require that all school inter -local agreements be updated
to reflect a new statutory mandate to implement public school concurrency; and
WHEREAS, the local governments who entered into the original Interlocal Agreement think that it
is more efficient, more orderly, and a best practice to enter into the attached Amended and Restated
Interlocal Agreement (Interlocal Agreement) which includes and incorporates the original Interlocal
Agreement, and the 1st and 2nd Supplemental Agreements, all originally adopted in 2003, now
combined into one Amended and Restated Interlocal Agreement which now includes, in light of the
2005 amendments referenced herein, the School Board's obligation to prepare , adopt, and implement
a financially feasible capital facilities program that will result in public schools operating at the adopted
level of service standard consistent with the timing specified in the School Board's adopted five year
plan ( District Facilities Work Program), among allied matters; and
WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of Florida codified at
Sections 163.31777, 163.3180(13) and 1013.33, Florida Statutes, now requires all school inter -local
agreements be updated to reflect a new statutory mandate to implement public school concurrency;
and
City of Miami
Page 1 of 2 Printed On: 10/11/2007
File Number: 0-01162
WHEREAS, the 2005 State Legislation, S.B, 360, mandated an update to inter local
agreements between local governments, in Miami Dade County, and the School Board, by January 1,
2008 in order to implement school concurrency. if not adopted by this date, local governments,
including the City of Miami, will not be able to adopt comprehensive plan amendments that increase
residential densities, until concurrency amendments have been adopted and transmitted to the
Department of Community Affairs; and
WHEREAS, 2007 State legislation HB7203, requires all local governments to adopt and
transmit to the state land planning agency the necessary plan amendments, along with the inter -local
agreement, for a compliance review pursuant to Florida Statutes 163.3184(7); and
WHEREAS, the Agreement attached and incorporated, meets the minimum requirements
outlined in Florida Statutes Section 163.31777, 163.3180(13), 1013.33. SB 360 and HB 7203; and
WHEREAS, it is recommended that execution of the amended agreement be authorized;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized to execute the Inter -local Agreement, in substantially
the attached form, between the City, the School Board and the County.
Section 3. The Office of the City Clerk will transmit no less than three (3) executed originals to
the School board for the execution of this Agreement by the other parties. The School Board is
requested to return at least one fully executed original Inter -local Agreement to the City Clerk.
Section 4. This Resolution shall become effective immediately upon adoption and signature of the
mayor. {1}
APPROVED AS TO FORM AND CORRECTNESSt'
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 10/11/2007
July 17, 2007 Transmittal Draft
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI-DADE COUNTY
This Amended and Restated Agreement is entered into between Miami -Dade
County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), the Municipalities of City of Aventura, Town of Bay Harbor Islands,
City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, City
of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, ,
Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami
Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village,
City of North Miami, City of North Miami Beach, City of Miami Gardens, City of
Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami,
City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami
(hereinafter collectively referred to as "Cities"), and The School Board of Miami -
Dade County, Florida, a political subdivision of the State of Florida, (hereinafter
referred to as "School Board").
NOTE. The following Municipalities are not parties because they have claimed
an exemption: Village of Bat Harbour, Village of Biscayne Park, Town of Golden
Beach, Village of Indian Creek, Town of Medley, Town of Surfside, and Village of;
Virginia Gardens. Please note that the exemption requirements have changed,
which will likely require some of these municipalities to enter into this agreement.
For example, as few as 50 building permits over 5 years can trigger loss of the
exemption]
RECITALS
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 respective communities; and,
WHEREAS, the School Board has the statutory and constitutional responsibility
The base document includes the Agreement, 1 Supplemental Agreement, and 2nd
Supplemental Agreement, all originally adopted in 2003, combined into one restated interlocal
agreement. Strikethrough and Underline shows suggested changes for the 2007 Amendment to
the Agreement.The Amended and ReStated Agreement ( the Agreement) , upon adoption by all
parties, shall automatically replace the Agreements referenced herein and adopted in 2003.
July 17 2007 Transmittal
Dra
to provide a uniform system of free and adequate public schools on a countywide
basis; and,
WHEREAS, the County, Cities, and School Board recognize the benefits 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 student access 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; (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 (7) improving
the quality of education in existing, renovated and proposed schools; and,
WHEREAS, Section 1013.33, Florida Statutes, requires the location of public
educational facilities to be consistent with the comprehensive plan and
implementing land development regulations of the appropriate local governing
body; and,
WHEREAS, the County has jurisdiction over land use and growth management
decisions within its unincorporated boundaries, including the authority to approve
or deny comprehensive plan amendments and rezonings, or other development
orders that generate students and impact the school system, and the Cities have
similar jurisdiction within their boundaries; and,
WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, 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 comprehensive plan 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,
WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require
each county and the non-exempt municipalities within that county to enter into an
interlocal agreement with the district school board to establish jointly the specific
ways in which the plans and processes of the district school board and the local
governments are to be coordinated; and,
WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of
Florida, codified at Sections 163.31777, 163.3180(13) and 1013.33, Florida
Statutes, which, in relevant part, required that all school interlocal agreements be
updated to reflect a new statutory mandate to implement public school
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July 17, 2007 Transmittal Draft
concurrency; and
WHEREAS, the School Board, County and Cities have further determined that it
is necessary and appropriate to cooperate with each other to coordinate the
approval of residential development with the provision of adequate public school
facilities in a timely manner and at appropriate locations, to eliminate any deficit
of capacity and provide capacity for projected new growth, as further specified
herein; and
WHEREAS, the County and Cities are entering into this Amended and Restated
Agreement in reliance on the School Board's obligation to prepare, adopt and
implement a financially feasible capital facilities program that will result in public
schools operating at the adopted Level of Service Standard consistent with the
timing specified in the School Board's adopted five-year district educational
facilities plan (hereinafter referred to as the "District Facilities Work Program");
and
WHEREAS, the School Board has further committed to update and adopt the
District Facilities Work Program yearly to add enough capacity in the new fifth
year to address projected growth and to adjust the District Facilities Work
Program in order to maintain the adopted Level of Service Standard and to
demonstrate that the utilization of school capacity is maximized to the greatest
extent possible pursuant to Sections 163.3180(13)(d)2 and 1013.35, Florida
Statutes; and
WHEREAS, by entering into this Amended and Restated Agreement the School
Board, County, and the Cities are fulfilling their statutory obligations and
requirements recognizing the benefits that will accrue to their citizens and
students described above.
AGREEMENT
NOW THEREFORE, be it mutually agreed between the School Board, the
County and the Cities that the following procedures will be followed in
coordinating land use and public school facilities planning:
Section 1. Joint Meetings
1.1 Staff Working Group: A Staff Working Group comprised of the County
Mayor/Manager and/or designee, School Board Superintendent and/or
designee, and City Mayor/Manager and/or their designees will meet at
least on a semi-annual basis to discuss issues and formulate
recommendations regarding public education in the School District, and
coordination of land use and school facilities planning, including such
issues as population and student projections, development trends, a work
program for five (5), ten (10) and twenty (20) year intervals and its
relationship to the local government comprehensive plans, particularly as
it relates to identification of potential school sites in the comprehensive
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July 1.7, 200 �f,rar it al Draft
plan's future land use map series, school needs (school capacity and
school funding), the implementation of public school concurrency,
collocation and joint use opportunities, and ancillary infrastructure
improvements needed to support the school and ensure safe student
access. Representatives from the South Florida Regional Planning
Council, the Latin Builders Association and the Builders Association of
South Florida will also be invited to attend and participate. Meetings of the
working group shall be held upon at least thirty (30) days written advance
notice, and shall be coordinated by the School Board Superintendent, or
designee. The Staff Working Group shall meet no later than March 31 of
each year to address student enrollment projections, and by April 30 and
October 31 of each year to address the public school concurrency
management system, and any proposed amendments to the school -
related comprehensive plan provisions. The April 30 deadline shall apply
where changes are proposed for the County's first comprehensive plan
amendment cycle of the following year, and the October 31 deadline shall
apply for changes proposed in the second cycle of the following year.
1.2 Elected Officials Forum: The School Board Superintendent or
designee shall coordinate a joint workshop session, at least once a year
and invite one (1) or more representatives of the Miami -Dade County
County Commission (the "County Commission") or their designees, the
governing body of each City or their designees, and the School Board or
their designees. A representative of the South Florida Regional Planning
Council will also be invited to attend. The School Board shall provide
invitations to the meeting within thirty (30) business days prior to the
written notice of such meeting to the designated contact person referred to
in this Amended and Restated Agreement (the "Agreement").
Modifications and amendments shall be considered by each party to this
Agreement in accordance with Section 15, and may be discussed at the
joint workshop sessions. The joint workshop sessions provide
opportunities for the County Commission, the City Commissions or
Councils, and the School Board to listen to reports, confer on policy,
establish guidelines, and reach agreements with regard to public
education, and coordination of land use and school facilities planning,
including population and student growth, development trends, school
needs, off -site improvements, public school concurrency, school capacity,
school funding, options to reduce the need for additional permanent
student stations, and joint use opportunities.
Section 2. Student Enrollment and Population Projections
2.1 In fulfillment of their respective planning duties, the County, Cities, and
School Board agree to coordinate their plans upon consistent projections
of the amount, type, and distribution of population growth and student
enrollment. Countywide five (5)-year population projections shall be
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7, 2007 T ransmitt i T r Tt
updated at least once every two (2) years by the County. The School
Board may enter into a separate agreement with the County for the
preparation of student enrollment projections. Updated County and
School District data shall be provided at least once every two (2) years for
review at the Staff Working Group meeting described at Subsection 1.1.
2.2 The School Board shall utilize student population projections based on
information produced by the demographic, revenue, and education
estimating conferences pursuant to Section 216.136, Florida Statutes,
where available, as modified by the School Board based on development
data and agreement with the local governments and the Office of
Educational Facilities and SMART Schools Clearinghouse. The School
Board may request adjustment to the estimating conferences' projections
to reflect actual enrollment and development trends using the COHORT
Projection Waiver available on the Florida Department of Education
website. In formulating such a request, the School Board will coordinate
with the Cities and County regarding development trends and future
population projections.
2.3 The School Board, working with the County and Cities via the Staff
Working Group, will use the information described in subsection 3.4 and
any other relevant information provided as part of the requirements of this
Agreement, to allocate projected student enrollment by Minor Statistical
Areas.
Section 3. Coordinating and Sharing of information
3.1 Tentative District Educational Facilities Work Program: By May 31 of
each year, the School Board shall submit to the County and Cities the
tentative district educational facilities prior to adoption by the Board. The
tentative plan will be consistent with the requirements of Section 1013.35,
Florida Statutes, and include projected student populations
geographically, an inventory of existing school facilities, projections of
facility space needs, information on relocatables, general locations of new
schools for the five (5)-, ten (10)-, and twenty (20)-year time periods, and
options to reduce the need for additional permanent student stations. The
tentative plan will also include a financially feasible district facilities work
program for a five (5)-year period. The Cities and County shall review and
evaluate the tentative plan and comment to the School Board by June 30
on the consistency of the tentative plan with the local comprehensive plan,
including its compatibility with the comprehensive plan's future land use
map series, and whether a comprehensive plan amendment will be
necessary for any proposed educational facility. The School Board shall
provide the District's adopted Facilities Work Program to the County and
Cities no later than October 20, and it shall be adopted into the County's
and Cities' comprehensive plans each year no later than December 1.
3.2 Educational Plant Survey: The School Board will remain responsible
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July t ', Z 0-7 Trans
for reporting and submission of updates. The Educational Plant Survey
shall be consistent with the requirements of Section 1013.31, Florida
Statutes, 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 existing land use plans. The Staff Working
Group, in accordance with the procedure outlined in Section 3.5, will
evaluate and make recommendations regarding the location and need for
new, significant renovation or expansion, closures of educational facilities,
and the consistency of such plans with the local government
comprehensive plans and relevant issues including, but not limited to,
those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this Agreement,
3.3 Educational Facilities Impact Fee Ordinance: The County and the
School Board shall perform a review at least every three (3) years of the
Educational Facilities Impact Fee Ordinance, its formula, and the
Educational Facilities Impact Fee Methodology and Technical Report, and
if appropriate, make recommendations for revisions to the Board of
County Commissioners. The first review shall be performed within three
(3) years after the effective date of the impact fee ordinance, as amended.
Among the goals of this review will be the adjustment of impact fee
structure to ensure the full eligible capital costs, as allowed by the
governing ordinances, associated with development of public school
capacity is included. in reviewing the Educational Facilities Impact Fee
Ordinance, the County and the School Board shall employ their best
efforts to evaluate a more equitable distribution of impact fee
assessments. The School Board and County will provide for local
government, industry and citizen participation and input, prior to submitting
recommendations to the Board of County Commissioners for substantive
revisions to the Educational Facilities Impact Fee Ordinance, its formula,
and/or the Educational Facilities Impact Fee Methodology and Technical
Report, including the adjustment of impact fee structure or benefit district
boundaries.
3.4 Growth and Development Trends: By September 30 of each year,
local governments will provide the School Board with a report on growth
and development trends within their jurisdiction, based on the most current
available data. This report will be in tabular, graphic, and/or textual
formats and will include the following:
(a) The type, number, and location of residential units, which have
received zoning approval, plat approval or site plan approval;
(b) Information regarding adopted future land use map
amendments which may have an impact on school facilities;
(c) The County shall report to the School Board the school impact
fees collected annually on building permit applications. This report
shall include the amount of the fee collected and location of the
proposed residential development. The School Board shall report
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July 17. 2007 '1 rans ittai Graft
to the County and to each City how the impact fee revenue and all
other school contributions have been spent within the Benefit
District in which it was collected. All data shall include source
information for verification and be provided in a format consistent
with other capital expenditures;
(d) Information, if available, regarding the conversion or
redevelopment of non-residential structures into residential units
that are likely to generate new students and, conversely,
information on the number of residential units converted to non-
residential uses; and
(e) The identification of any development orders issued that contain
a requirement for the provision of a public school site as a condition
of development approval.
If at all possible, data required to be submitted in this section should also
be sent in a format that can be loaded into the Geographic Information
Systems (GIS) database maintained by the School Board.
3.5 New, Expanded and Renovated School Facilities: The Staff Working
Group shall provide recommendations on the planning of new
facilities, additions or renovations for consideration by School Board
staff and the School Site Planning and Construction Committee
("SSPCC") in formulating the tentative district educational facilities
plan. Likewise, the Staff Working Group shall also provide input and
comments, recommendations on the update of the Five -Year
Educational Plant Survey and any revisions thereto.
CALENDAR OF KEY ANNUAL DATES
March 31 Staff Working Group meeting regarding enrollment
projections
April 30 Staff Working Group Meeting regarding any proposed
amendments to the school -related comprehensive plan provisions
proposed for the first County transmittal cycle
May 31 Planning Forum to review Tentative Capital Plan including
but not limited to, new schools, additions, closures, and significant
renovations, at a Joint Meeting of the Staff Working Group and the School
Site Planning and Construction Committee (SSPCC)
June 30 Cities and County provide School Board with written
comments on Tentative Educational Facilities Plan introduced at Planning
Forum
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July 17, 2007 Transmittal Draft
August 31 School Board provides final proposed Tentative Educational
Facilities Plan to County and Cities
September 30 Citiesand County's Growth Reports to School Board
September 30 School Board adoption of District's updated Five Year
Plan as a part of the Tentative Educational Facilities Plan
October 20 School Board's provision of copy of adopted version
District's updated Five Year Plan to County and Cities
October 31 Staff Working Group meeting regarding any proposed
amendments to the school -related comprehensive plan provisions
proposed for the second County transmittal cycle
December 1 District's Updated Five Year Plan adopted into Cities'
and County's comprehensive plans and provision of adopted versions to
School Board
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7. 2007 Truism ttai Draft
3.6 Public School Facilities Element:
(a) Initial comprehensive plan amendments related to the Public Schools
Facilities Element to satisfy the requirements of Chapter 2005-98, Laws of
Florida: The amendments to the Public School Facilities Element and
related amendments to the Capital Improvements Element and the
Intergovernmental Coordination Element in the County's and Cities'
comprehensive plans ("school -related element amendments" or "school -
related element provisions") required to satisfy Chapter 2005-98, Laws of
Florida are being adopted into the comprehensive plans of the County and
Cities concurrently with the execution of this Agreement by the County
and Cities. Some provisions relevant to public schools may remain in the
Future Land Use Element or other elements as may be appropriate.
(b) Subsequent school -related element amendments: Thereafter, the
experience with implementing the revised comprehensive plans and the
School Board's District Facilities Work Program shall be reviewed by the
County and Cities each year, at a Staff Working Group meeting to be held
no later than April 30 (County's first comprehensive plan amendment
cycle) or October 31 (County's second comprehensive plan amendment
cycle), to determine whether updates to the comprehensive plans are
required. At a minimum, the District Facilities Work Program shall be
updated annually by the addition of a new fifth year as provided in Section
9.3. Any other amendments to the comprehensive plans shall be
transmitted in time to allow their adoption concurrently with the update to
the District Facilities Work Program, where feasible. Amendments to the
comprehensive plans shall be considered in accordance with the County's
comprehensive planning cycle.
(c) School Board review of school -related element amendments: All
school -related element amendments shall be provided to the School
Board at least ninety (90) days prior to transmittal (or adoption if no
transmittal is required). The School Board shall review the school -related
element amendments and provide comments, if any, to the relevant local
government either (i) in writing at least thirty (30) days prior to the local
planning agency meeting on the school -related element amendment, or (ii)
by attending and providing comments at the local planning agency
meeting.
(d) Countywide consistency of school -related element amendments: The
County's and Cities' school -related element provisions must be consistent
with the uniform district -wide public school concurrency system, with each
other, and with the School Board's facilities plans and policies. Each City
may choose to adopt all or a portion of the County's school -related
element provisions into its comprehensive plan by reference, or it may
adopt its own school -related element provisions. If a City adopts its own
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July 7, 2007 Transmittal Draft
school -related element provisions, any goal, objective, policy or other
provision relevant to the establishment and maintenance of a uniform
district -wide public school concurrency system shall be substantially the
same as its counterpart in the County comprehensive plan and other
Cities' comprehensive plans. If any school -related element amendment is
proposed that deviates from the uniform district -wide public school
concurrency system, it shall not become effective until the last party
adopts it into its comprehensive plan. Such proposals shall be forwarded
to the Staff Working Group for review, and the adoption of any such
changes shall be timed to coincide with the County's comprehensive plan
amendment cycle. Once each City and the County have adopted such a
plan amendment and these amendments have all become effective, then
the new requirement shall apply countywide. Each City and the County
may adopt the District Facilities Work Program into its comprehensive plan
either by reference or by restatement of the relevant portions of that
Facilities Work Program, but in no event shall a City or the County attempt
to modify that Facilities Work Program. The County and Cities agree to
coordinate the timing of approval of school -related element amendments,
to the extent that it is feasible to do so. To the extent that a proposed
school -related element amendment is inconsistent with this Agreement, an
amendment to this Agreement shall also be required before the amended
element becomes effective.
(e) Evaluation and Appraisal Report: In addition to the other coordination
procedures provided for in this Agreement, at the time of the Evaluation
and Appraisal Report, the County and Cities shall schedule at least one
Staff Working Group meeting with the School Board to address needed
updates to the school -related comprehensive plan provisions.
Section 4. School Site Selection, Significant Renovations, and Potential
School Closures
4.1 The School Board staff has amended Rule 6Gx13-2C-1.083, Section
II.D. Membership, to expand the membership of its standing School Site
Planning and Construction Committee (SSPCC) by four voting members
as follows: "a floating member" designated by the City Manager of the
most impacted municipality to which the agenda item relates whenever an
agenda item concerns any incorporated area of Miami -Dade County, or if
it concerns an unincorporated area, this "floating member" shall be from
the geographically nearest municipality most impacted by the agenda
item; a representative selected by the Miami -Dade County League of
Cities; a Miami -Dade County representative selected by the County
Manager or designee; and a member of the residential construction
industry. For purposes of this Section, a floating member from the most
impacted local government shall be defined as the local government
jurisdiction in which the proposed project is located. The SSPCC shall
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July 17, 2007 "I..-ra sr �. tai tars
review potential sites for new schools and proposals for significant
renovation, the location of relocatables or additions to existing buildings,
and potential closure of existing schools, and make recommendations on
these and all other issues within its purview under the Rule for
consideration by School Board staff. The SSPCC shall also:
(a) Host a planning forum, by May 31, as a joint meeting of the Staff
Working Group and School Site Planning and Construction Committee on
an annual basis or more often as may be needed. For purposes of this
forum, the SSPCC shall invite a representative from each of the impacted
units of government to participate in the proceedings and to provide input
and comments, for consideration by the SSPCC in its deliberations. The
forum will review the School Board's acquisition schedule and all other
relevant issues addressed in this Agreement and required by statute, and
will include appropriate staff members of the School Board, at least one
staff member of the County and a representative from each of the affected
Cities. Based on information gathered during the review, the SSPCC will
submit recommendations to the Superintendent or designee for the
upcoming year.
(b) Invite a staff representative from each unit of local government
affected by an agenda item at any SSPCC meeting throughout the year to
attend that meeting. It shall provide a full opportunity for such local
government representatives to provide comments, and shall consider
those comments in its deliberations. Based on information gathered
during the review, the SSPCC will submit recommendations to the
Superintendent or designee on these items.
For purposes of this Subsection, an affected local government shall be
defined as follows:
a. Any jurisdiction within fifteen hundred (1,500) feet of the
property or improvement; and
b. Any jurisdiction whose utilities are utilized by the School Board
property or improvement.
The School Board Superintendent and/or designee shall provide the
invitations referenced in this Section 4.1, with at least thirty (30) days
advance written notice of such meeting to the person designated as a
contact in this Agreement. The Superintendent or designee shall forward
the SSPCC recommendations referenced in this Agreement to the School
Board so that they may be considered by the Board at the time that it
deals with the issues to which the recommendations relate.
4.2 When the need for a new school is identified and funded in the District
Facilities Work Program, the SSPCC will review a list of potential sites in
the area of need. The list of potential sites for new schools and the list of
July 17, 2007 Transmits l Draft
schools identified and funded in the District Facilities Work Program for
significant renovation, the location of relocatables, or additions to existing
buildings and potential closure and opportunities for collocation will be
submitted to the local government with jurisdiction over the use of the land
for an informal assessment regarding consistency with the local
government comprehensive plan.
4.3 The evaluation of new school sites or significant expansion of student
stations at existing schools shall be in accordance with School Board Rule
6Gx13-2C-1.083, as may be amended from time to time and attached
hereto as Exhibit 1. Any proposed amendments to this rule, which may
impact upon the terms of this Agreement, shall be submitted to the
affected local units of government prior to submission to the SSPCC and
to the School Board.
[NOTE Attach July 1 , 2004 version as Exhibit 1 ]
4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least sixty (60)
days prior to acquiring or leasing property that may be used for a new
public educational facility, the School Board shall provide written notice to
the local government with jurisdiction over the use of the land. The local
government, upon receipt of this notice, shall notify the School Board
within forty-five (45) days if the proposed new school site is consistent with
the land use categories as depicted in the future land use map series, as
well as the policies of the local government's comprehensive plan. If the
site is not consistent, it shall not be used as a school site until and unless
otherwise approved by the local government. This preliminary notice does
not constitute the local government's determination of consistency
pursuant to Section 1013.33(12), Florida Statutes.
Section 5, Supporting Infrastructure
5.1 In conjunction with the preliminary consistency determination
described at subsection 4.4 of this Agreement, the School Board and
affected local governments will jointly determine the need for, and timing
of, on -site and off -site improvements necessary to support each new
school or the proposed significant expansion of an existing school, in
those instances where capacity is being added to accommodate new
student populations. Significant expansion shall include construction
improvements that result in a greater than five (5) percent increase in
student capacity, the location of relocatables, or additions to existing
buildings for high schools. For significant expansions to middle schools,
the applicable percentage shall be ten (10) percent, and for significant
expansions to elementary schools (including K-8 centers), the applicable
percentage shall be fifteen (15) percent. The School Board and affected
local government will enter into a letter of agreement as to the timing,
12
JuIy 17, 2007 Trans t f ra1�
location, and the party or parties responsible for constructing, operating
and maintaining the required on -site and off -site improvements related to
the expansions and new schools referenced above, respectively.
This section shall not be construed to require the affected local unit of
government to bear any costs of infrastructure improvements related to
school improvements.
Section 6. Public Education Facilities Site Plan Review
6.1 The School Board and the County will continue to coordinate any
and all proposed construction or expansion of public educational facilities,
including the general location of new schools in unincorporated Miami -
Dade County, with the County's Comprehensive Development Master
Plan (CDMP) and local land development regulations in accordance with
the review procedures outlined in Miami -Dade County Resolution R-678-
06, as adopted on June 6, 2006.
6.2 The School Board will coordinate any and all proposed construction
or expansion of public educational facilities, including the location of new
schools or relocatables, within any City's jurisdiction with that City's
adopted comprehensive plan and land development regulations. This
coordination shall be accomplished in accordance with the provisions of
Sections 1013.33(12) through (15), Florida Statutes. The affected City
shall provide all of their comments to the School Board as expeditiously as
feasible, and not later than sixty (60) days after receipt of the complete
site plan.
Section 7. Local Planning Agency, Comprehensive Plan Amendments,
Rezonings, and Developments of Regional Impact
7.1 In accordance with the requirements of and to the extent required by
Section 163.3174(1), Florida Statutes, the County and Cities will invite a
staff representative appointed by the School Board to attend meetings, on
an as needed basis, of their local planning agencies or equivalent
agencies that first consider comprehensive plan amendments and
rezonings at which comprehensive plan amendments, rezonings, or
Development of Regional Impact proposals or amendments are
considered that would, if approved, increase residential density. The
County and Cities may appoint such School Board representative to the
planning agency, and, at their sole discretion, may grant voting status to
the School Board representative.
7.2 The School Board will designate a staff representative to serve in an
advisory support capacity on the County's staff development review
committee, or equivalent body. In addition, the School Board
representative will be invited to participate at the meetings of the Cities'
staff development review committees, or equivalent body, as appropriate,
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July 17, 2007 Transmittal Draft
when comprehensive plan amendments, rezonings or Development of
Regional Impact ("DRI") proposals or amendments are proposed that
would create an increase in the number of residential units. It shall be the
responsibility of School Board staff to be prepared to comment in writing to
the local staff development review committees at least five (5) days prior
to the meeting or development review committee review, for their
consideration. These comments shall include a statement that the
application will be subject to public school concurrency review at the plat,
site plan or functional equivalent stage, consistent with Section 9 of this
Agreement. A copy of the application shall be delivered to the School
Board representative at least fifteen (15) working days prior to the
proposed meeting date, or on the date the agenda is distributed. The
School Board's review shall be conducted in accordance with the methods
set forth in the Procedures Manual adopted in accordance with the
provisions set forth in this Agreement, the current version of which is
attached hereto as Exhibit 2 (which shall be revised to be consistent with
this Agreement). The Procedures Manual was developed and may be
amended through a collaborative process with the Staff Working Group .
[NOTE Need to attach the =Tent Procedures Manual, Exhibit 2.]
7.3 The County and the Cities agree to transmit to the School Board
copies of proposed comprehensive plan amendments, rezonings, and
Development of Regional Impact proposals or amendments that may
affect student enrollment, enrollment projections, or school facilities.
7.4 Within thirty (30) days after receipt of notification by the local
government, which notification shall include development plans, the
School Board will advise the local government of the school enrollment
impacts anticipated to result from the proposed comprehensive plan
amendment, rezoning, or Development of Regional Impact proposals or
amendments The School Board will also include capacity information on
approved charter schools that provide relief in the area of impact. The
School Board may charge a non-refundable application fee payable to the
School Board to reimburse the cost to review comprehensive plans,
rezonings and Development of Regional Impact proposals or amendments
pursuant to this Section. In that event, payment may be required prior to
the commencement of review.
7.5 The review by the School Board staff regarding comprehensive plan
amendments, rezonings and Development of Regional Impact proposals
or amendments containing residential units shall be classified as "Public
Schools Planning Level Review (Schools Planning Level Review)". The
Schools Planning Level Review does not constitute public school
concurrency review. This Section shall not be construed to obligate a City
or County to deny or approve (or to preclude a City or County from
approving or denying) an application .
14
July 17; 2007 Transmittal
aft
7.6 In the review and consideration of comprehensive plan amendments,
rezonings, and Development of Regional Impact proposals or
amendments, and their respective potential school impacts, the County
and Cities should consider the following issues:
a. School Board comments, which may include available school
capacity or planned improvements to increase school capacity,
including School Board approved charter schools and operational
constraints (e.g., establishment of or modifications to attendance
boundaries and controlled choice zones), if any, that may impact
school capacity within an area, including public -private
partnerships._Failure of the School Board to provide comments to
the County or Cities within thirty (30) days as specified in Section
7.4 may be considered by the parties as a response of "no
comment." In such a scenario, the County and Cities shall not be
obligated to delay final action by the County Commission or City
Council;
b. The provision of school sites and facilities within planned
neighborhoods;
c. Compatibility of land uses adjacent to existing schools and
reserved or proposed school sites;
d. The potential for collocation of parks, recreation and
neighborhood facilities with school sites;
e. The potential for linkage of schools, parks, libraries and other
public facilities with bikeways, trails, and sidewalks for safe access;
f. Traffic circulation plans that serve schools and the surrounding
neighborhood, including off -site signalization, signage, and access
improvements; and
g. The general location of public schools proposed in the District
Facilities Work Program as well as other available information over
a ten (10) and twenty (20)-year time frame.
7.7 In formulating community development plans and programs, the
County and Cities should consider the following issues:
a. Giving priority to scheduling capital improvements that are
coordinated with and meet the capital needs identified in the District
Facilities Work Program ;
b. Providing incentives that promote collaborative efforts between
the School Board and the private sector to develop adequate
school facilities in residential developments;
15
July- 17, 2007 Transmittal :trait
c. Targeting community development improvements in older and
distressed neighborhoods near existing or proposed School Board
owned and operated public schools and School Board approved
charter schools; and
d. Coordination with neighboring jurisdictions to address public
school issues of mutual concern.
e. Approval and funding of community development benefit districts
(CDDs) and other available funding mechanisms created by state
law.
Section 8. Collocation and Shared Use
8.1 Collocation and shared use of facilities are important to both the
School Board and local governments. The School Board, Cities and
County will work together, via the Staff Working Group, the SSPCC, and
the Citizens Oversight Committee to look for opportunities to collocate and
share use of school facilities and civic facilities when preparing the District
Facilities Work Program. Likewise, collocation and shared use
opportunities will be considered by the local governments when preparing
the annual update to the comprehensive plan's schedule of capital
improvements and when planning and designing new, or renovating
existing, community facilities. For example, potential opportunities for
collocation and shared use with public schools will be considered where
compatible for existing or planned libraries, parks, recreation facilities,
community centers, auditoriums, learning centers, museums, performing
arts centers, and stadiums. In addition, the potential for collocation and
shared use of school and governmental facilities for joint use by the
community will also be considered.
8.2 A separate agreement or an amendment to a master agreement
between the School Board and the appropriate local government will be
developed for each instance of collocation and shared use, which
addresses legal liability, operating and maintenance costs, scheduling of
use, and facility supervision or any other issues that may arise from
collocation and shared use.
8.3 Collocation and shared use as provided for in this Agreement may
include the sharing of county and municipal facilities for student use, such
as use of a park for park purposes by students from a neighboring public
school, and similarly may include the use of public school facilities by the
community.
Section 9. Implementation of Public School Concurrency
9.1 This section establishes the mechanisms for coordinating the
development, adoption, and amendment of the District Facilities Work
16
2007 Transmittal Draft
Program, as well as the Public School Facilities Elements and the
Intergovernmental Coordination and Capital Improvements Elements of
the County and Citiescomprehensive plans, in order to implement a
uniform district wide public school concurrency system as required by law.
9.2 The School Board, County and Cities agree to the following
principles for public school concurrency in Miami -Dade County:
(a) Capacity Methodology and Formula for Availability: The
uniform methodology for determining if a particular school is overcapacity
shall be determined by the School Board and adopted into the County's
and Cities' comprehensive plans. The School Board hereby selects
Florida Inventory of School Houses (FISH) capacity as the uniform
methodology to determine the capacity of each school. The capacity and
enrollment numbers for a school shall be determined once a year, in
October.
The School Board will issue an evaluation report determining whether
adequate school capacity exists for a proposed development, based on
the adopted Level of Service Standards, concurrency service areas, and
other standards set forth in this Agreement, as follows:
1. Calculate total school facility capacity by adding
the capacity provided by an existing school facility to the capacity of
any planned school facilities programmed to provide relief to that
school facility, listed in the first three (3) years of the District
Facilities Work Program.
2. Calculate available school facility capacity by
subtracting from the total school facility capacity the sum of:
a. Current student enrollment (school facility capacity
consumed by preexisting development);
b. The portion of reserved capacity having a valid
unexpired certificate of concurrency from the School Board;
and
c. The portion of previously approved development
(vested from concurrency) projected to be developed within
three (3) years.
3. Calculate the proposed development's demand for
school facility capacity by:
17
Jule
C Ira .s ittal aft
a. Applying the student generation rate to the proposed
development to determine its total demand; and
b. Subtracting a credit for the total district -wide capacity
of magnet and charter school facilities that are not in excess
of the adopted Level of Service Standard.
4_ Subtract the proposed development's demand for
school facility capacity from the available school facility
capacity to determine if there is a deficit. If so, repeat the process
to determine if school facility capacity is available in any contiguous
Concurrency Service Area ("CSA") in the same impact fee benefit
district.
The School Board may charge a non-refundable application fee payable to
the School Board to reimburse the cost to review matters related to public
school concurrency. In that event, payment may be required prior to the
commencement of review.
In evaluating a final subdivision, site plan, or functional equivalent for
concurrency, any relevant programmed improvements in the current year,
or Years 2 or 3 of the District Facilities Work Program shall be considered
available capacity for the project and factored into the Level of Service
analysis. Any relevant programmed improvements in Years 4 or 5 of the
District Facilities Work Program shall not be considered available capacity
for the project unless funding to accelerate the improvement is assured
through the School Board, through proportionate share mitigation or some
other means of assuring adequate capacity will be available within three
(3) years. Relocatable classrooms may be used by the Miami -Dade
County Public School System as an operational solution during
replacement, renovation, remodeling or expansion of a public school
facility; and in the event of a disaster or emergency which prevents the
School Board from using a portion of the affected school facility.
[NOTE. ' School Board staff members are, checking to ensure that
there are no other circumstances in . which relocatables may
continue to be relevant, such as for additional exceptional student
classrooms"
(b) Level of Service Standards: Public school concurrency shall be
applied on a less than district -wide basis, to concurrency service areas as
described in subsection (c). Level of Service standards for public school
facilities apply to those traditional educational facilities, owned and
operated by Miami -Dade County Public Schools, that are required to serve
the residential development within their established concurrency service
area. Level of Service standards do not apply to magnet schools, charter
18
17, 2007 "transmittal Draft
schools, and other educational facilities that may have district wide
attendance boundaries; however, their capacity is credited against the
impact of development. However, no credit against the impact of
development shall be given for such district wide educational facilities if
their enrollment is at, or above, 100% FISH capacity (With Relocatable
Classrooms).
The uniform, district -wide Level of Service Standards for Public School
Facilities are initially set as follows, and shall be adopted in the County's
and Cities' Public School Facilities Elements and Capital Improvements
Elements:
1. The adopted Level of Service (LOS) Standard for all
Miami -Dade County Public School facilities is 100% FISH
Capacity (With Relocatable Classrooms), This LOS
Standard shall be applicable in each public school
concurrency service area (CSA), defined as the public
school attendance boundary established by the Miami -Dade
County Public Schools. All public school facilities should
continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public
school facilities that achieve 100% utilization of FISH
Capacity (No Relocatable Classrooms) should no longer
utilize relocatable classrooms except as an operational
solution.
2. It is the goal of Miami -Dade County Public Schools and
the County for all public school facilities to achieve 100%
utilization of Permanent FISH (No Relocatable Classrooms)
capacity by January 1, 2018. To this end, beginning January
1, 2013, the Miami -Dade County Public Schools should not
use relocatable classrooms to provide additional FISH
capacity at any school except as an operational solution.
Additionally, beginning January 1, 2013, the Miami -Dade
County Public Schools will implement a schedule to
eliminate all remaining relocatable classrooms by January 1,
2018. By December 2010, the County in cooperation with
Miami -Dade County Public Schools will assess the viability
of modifying the adopted LOS standard to 100% utilization of
Permanent FISH for all CSAs.
3. Relocatable classrooms may be used by the Miami -Dade
County Public School System as an operational solution
during replacement, renovation, remodeling or expansion of
a public school facility; and in the event of a disaster or
19
July 17, 2007 Transmittal Draft
emergency which prevents the School Board from using a
portion of the affected school facility.
Potential amendments to these LOS Standards shall be considered at
least annually at the Staff Working Group meeting to take place no later
than April 30 or October 31 of each year. If there is a consensus to
amend any LOS Standard, it shall be accomplished by the execution of an
amendment to this Agreement by all parties and the adoption of
amendments to the County's and each City's comprehensive plan. The
amended LOS Standard shall not be effective until all plan amendments
are effective and the amendment to this Agreement is fully executed. No
LOS Standard shall be amended without a showing that the amended
LOS Standard is financially feasible and can be achieved and maintained
over the five years of the District Facilities Work Program.
After adoption of the District's first Facilities Work Program which was
relied on for public school concurrency requirements, capacity shall be
maintained within each year of the District's subsequent Facilities Work
Program. If the impact of the project will not be felt until Years 2 or 3 of
the District Facilities Work Program, then any relevant programmed
improvements in those years shall be considered available capacity for the
project and factored into the Level of Service analysis. If the impact of the
project will not be felt until Years 4 or 5 of the District Facilities Work
Program, then any relevant programmed improvements shall not be
considered available capacity for the project unless funding of the
improvement is assured, through School Board funding, the proportionate
share mitigation process, or some other means, and the project is
accelerated into the first three (3) years of the District Facilities Work
Program.
(c) Concurrency Service Areas: The Concurrency Service Area
(CSA) shall be the student attendance boundaries for elementary, middle
and high schools. The concurrency service area boundaries shall be part
of the data and analysis in support of the County's and Cities'
comprehensive plans. Concurrency service areas shall maximize capacity
utilization, taking into account transportation costs, limiting maximum
student travel times, the effect of court -approved desegregation plans,
achieving socio-economic, racial, cultural and diversity objectives, and
other relevant factors as determined by the School Board's policy on
maximization of capacity.
The School Board shall address how capacity has been maximized in the
affected concurrency service area. For purposes of this Agreement,
maximization of capacity shall mean any operational or physical
adjustment that increases the available capacity of a school or a
concurrency service area. Maximization may take into account several
factors, including transportation costs, student travel times, socio-
20
July 17, 2007 Transmittal Draft
economic objectives, and recognition of the timing of capacity
commitments. These adjustments may include, but are not limited to,
physical changes to the school facility such as expansions or renovations,
and operational changes such as staggered schedules, floating teachers,
or reassignment of students. The types of physical and operational
adjustments to school capacity that will be used in the County, and the
circumstances under which they are appropriate, will be determined by the
School Board's policy on maximization of capacity, as set forth in the
Public School Facilities Element.
Potential amendments to the concurrency service areas, other than
periodic adjustments to student attendance boundaries, or to redefine the
concurrency service area as a different type of boundary or area shall be
considered annually at the Staff Working Group meeting to take place
each year no later than April 30 or October 31, and shall take into account
the issue of maximization of capacity. Other considerations for amending
the concurrency service areas may include safe access (including factors
such as the presence of sidewalks, bicycle paths, turn lanes and
signalization, general walkability), diversity, and geographic or manmade
constraints to travel. If there is a consensus to change the concurrency
service area to a different type of service area or geographic configuration,
it shall be accomplished by the execution of an amendment to this
Agreement. The changed concurrency service area shall not be effective
until the amendment to this Agreement is fully executed and related
amendments to the County and Cities' comprehensive plans are adopted.
Proposed amendments to the concurrency service areas shall be
presented to the Staff Working Group and incorporated as updated data
and analysis in support of the County's and Cities' comprehensive plans.
No concurrency service area shall be amended or redefined without a
showing that the amended or redefined concurrency service area
boundaries are financially feasible and can be achieved and that the
adopted LOS Standard can be maintained over the five years of the
District Facilities Work Program (or ten (10) years of the ten-year capital
facilities plan, if the facility is backlogged).
If maximization of capacity has not resulted in sufficient capacity, so that
the adoption of the development proposal would result in a failure to meet
the Level of Service Standard, and if capacity is available in one or more
contiguous concurrency service areas within the first three (3) years of the
District Facilities Work Program in the same impact fee benefit district as
the development, the School Board, at its discretion, shall determine the
contiguous concurrency service area to which the development impacts
will be shifted. If there is still not enough capacity to absorb the impacts of
the development proposal after maximization of capacity and shifting of
impacts, then the School Board will notify the local government in writing
of the finding, and the local government shall then notify the applicant of
the finding.
21
July 7. 2007 Transti tDra#t
(d) Student Generation Multipliers: The School Board staff,
working with the County staff and Cities' staffs, have developed and
applied student generation multipliers for residential units by type and
Minor Statistical Area for schools of each type, considering past trends in
student enrollment in order to project school enrollment. The student
generation rates shall be determined by the School Board in accordance
with professionally accepted methodologies, shall be updated at least
every three (3) years inasmuch as possible, and shall be adopted into the
County's and Cities' comprehensive plans. The school enrollment
projections will be included in the tentative district educational facilities
plan provided to the County and Cities each year as specified in
Subsection 3.1 of this Agreement.
(e) Concurrency Management System: The County and Cities
shall amend the concurrency management systems in their land
development regulations to require that all non-exempt new residential
units be reviewed for public school concurrency at the time of final plat or
site plan (or functional equivalent), using the coordination processes
specified in Section 7 above, within one hundred and twenty (120) days of
the effective date of the Comprehensive Plan amendment(s) implementing
public school concurrency. In the event that the Comprehensive Plan
amendment(s) or amendment(s) to this Agreement, which are necessary
to implement public school concurrency are challenged, the land
development regulations shall be adopted within one hundred and twenty
(120) days after the resolution of such challenge. The County or any City
may choose to request from the School Board's staff and provide an
informational assessment of public school concurrency at the time of
preliminary plat or subdivision, but the test of concurrency shall be at final
subdivision, site plan (or functional equivalent). The assessment of
available capacity by the School Board shall consider maximization of
capacity and shifting of impacts as further detailed above. The County
and Cities shall not deny a final subdivision or site plan (or functional
equivalent) for the failure to achieve and maintain the adopted Level of
Service Standard for public school capacity where:
(i)
adequate school facilities will be in place or under actual
construction within three (3) years after the issuance of the
final subdivision or site plan (or functional equivalent); or
(ii) the developer executes a legally binding commitment to
provide mitigation proportionate to the demand for public
school facilities to be created by the actual development of
the property subject to the final plat or site plan (or functional
equivalent) as provided in Section 9.2(g) below.
22
July 17, 2007 TransmittalI)raft
'
However, this Agreement shall not be construed to limit the authority of
any City or the County to deny the final plat or site plan (or functional
equivalent) for reasons other than failure to achieve and maintain the
adopted Level of Service Standard for public school capacity. The County
and Cities, in consultation with the School Board, shall also amend their
concurrency management systems in their land development regulations
to address public school facilities, so that the annual monitoring reports
provided to their governing bodies shall cover schools as well as the other
concurrency facilities within one hundred and twenty (120) days_of the
effective date of this Agreement.
Upon final action by the City or County regarding the application for final
plat, site plan or functional equivalent, the City or County shall send
written notice to the School Board indicating that the application was
granted final approval or denied. If the application received final approval,
the school concurrency approval for the development and anticipated
students shall be valid for up to two (2) years, beginning from the date the
application received final approval from the City or County, except as may
be provided by federal law and as further specified in the applicable
concurrency management system regulations, unless otherwise released
by the appropriate governing body in which case, within ten (10) business
days of the release the appropriate governing body shall notify the School
Board of such and request the capacity reservation be cancelled. An
extension of the reservation period may be granted when the applicant
demonstrates that development has commenced on a timely basis and is
continuing in good faith, provided that the total reservation period does not
exceed five (5) years, as further specified in the applicable concurrency
management system regulations. If the application was denied, the School
Board's staff shall deduct from its database the students associated with
the application.
(f) Proportionate Share Mitigation: The School Board shall
establish within the District Facilities Work Program the following
standards for the application of proportionate share mitigation:
1. Student Generation Multipliers for single family, multi
family and mobile home housing types for elementary, middle and
high schools. Student Generation Multipliers shall be based upon
the best available district -specific data and derived by a
professionally acceptable methodology acceptable to the School
Board;
2. Cost per Student Station estimates for elementary,
middle and high schools. Such estimates shall include all cost of
providing instructional and core capacity including, without
23
July 2007 Transmittal f raft
limitation, land, design, buildings, equipment and furniture, and site
improvements. The cost of ancillary facilities that generally support
the School Board and the capital costs associated with the
transportation of students shall not be included in the Cost per
Student Station estimate used for proportionate share mitigation;
3. The capacity of each school; and
4. The current and reserved enrollment of each school.
The above factors shall be reviewed annually and certified for
application for proportionate share mitigation purposes during the
period that the District Facilities Work Program is in effect.
In the event that there is not sufficient capacity in the affected or
contiguous concurrency service area to address the impacts of a
proposed development, the following steps shall apply. Either (i) the
project must provide capacity enhancement sufficient to meet its impacts
through proportionate share mitigation; or (ii) a condition of approval of the
site plan or final plat (or functional equivalent) shall be that the project's
impacts shall be phased {out?} and building permits shall be delayed to a
date when capacity enhancement and Level of Service can be assured; or
(iii) the project must not be approved. The school board and the affected
local government shall coordinate on the possibility of mitigation.
Options for providing a proportionate share mitigation for any approval of
additional residential dwelling units that triggers a failure to meet the Level
of Service Standard for public school capacity will be specified in the
County's and Cities' Public School Facilities Elements. Options shall
include the following:
1. Money — Contribute full capital cost of a planned project, or project
proposed to be added to the first three (3) years of the District Facilities
Work Program, in the affected concurrency service areas, providing
sufficient capacity to absorb the excess impacts of the development,
on land owned by the School Board or donated by another
development.
2. Land - Donate land to and/or capital dollars equal to the cost of impact
to the School Board needed for construction of a planned project, or
project proposed to be added to the first three (3) years of the District
Facilities Work Program in the affected concurrency service areas, and
the School Board or some other entity funds the construction of or
constructs the project.
24
july 17, 2007 Transmittal Draft
3. Construction - Build a planned project, or project proposed to be added
to the first three (3) years of the District Facilities Work Program, on
land owned by the School Board or donated by another development,
with sufficient capacity to absorb the excess impact of the development
in the affected concurrency service area. (Usually, projects are more
than one classroom).
4. Mix and Match - Combine two or more of these options to provide
sufficient capacity to mitigate the estimated impact of the residential
development on the affected concurrency service areas.
5. Mitigation banking - Mitigation banking within designated areas based
on the construction of a public school facility in exchange for the right
to sell capacity credits. Capacity credits shall only be transferred to
developments within the same concurrency service area or a
contiguous concurrency service area. Mitigation banking shall be
administered by the School Board in accordance with the requirements
of the concurrency mitigation system.
Mitigation shall be directed to projects {built or completed, etc.) in the first
three (3) years of the District Facilities Work Program that the School
Board a reel will satisf the demand created by that development
approva 1.
The amount of mitigation required shall be calculated based on the cost
per student station, as defined above, and for each school type
(elementary, middle and high) for which there is not sufficient capacity.
The Proportionate Share for a development shall be determined by the
following formulas:
Number Of New Student Stations Required For Mitigation (By School
Type) =
[Number Of Dwelling Units Generated By Development Proposal, By
Housing Type x
Student Generation Multiplier (By Housing Type And School Type)] —
Credit for District wide Capacity of Magnet Schools and Charter
Schools that are Not Over LOS Standard —
Number of Available Student Stations
Cost of Proportionate Share Mitigation =
Number Of New Student Stations Required For Mitigation (By School
Type) x
Cost Per Student Station (By School Type).
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July 17, 20 7 Transmittal Draft
The full cost of proportionate share mitigation shall be required from the
proposed development.
The local government and the School Board shall consider the evaluation
report and the options that may be available for proportionate share
mitigation including the amendment of the District Facilities Work
Program. If the local government and the School Board find that options
exist for proportionate share mitigation, they shall authorize the
preparation of a development agreement and other documentation
appropriate to implement the proportionate share mitigation option(s). A
legally binding development agreement shall be entered into between the
School Board, the appropriate local government, and the applicant and
executed prior to issuance of the final plat, site plan or functional
equivalent. In that agreement, if the School Board accepts the mitigation.
the School Board must commit to place the improvement required for
miti ation on the first three 3 ears of the Five Year Plan. This
development agreement shall include the landowner's commitment to
continuing renewal of the development agreement until the mitigation is
completed as determined by the School Board. This agreement shall also
address the amount of the impact fee credit that may be due for the
mitigation, and the manner in which it will be credited.
Upon execution of a development agreement among the applicant, the
local government and the School Board, the local government may issue a
development order for the development. The development order shall
condition approval upon compliance with the development agreement.
9.3 Updates to Public School Concurrency: The School Board,
County and Cities shall use the processes and information sharing
mechanisms outlined in this Agreement to ensure that the uniform district -
wide public school concurrency system is updated, the District Facilities
Work Program remains financially feasible in the future, and any desired
modifications are made. The District's updated Five -Year Plan will be
adopted into the County's and Cities' capital improvement elements no
later than December 1 of each year.
The School Board shall not amend the District Facilities Work Program as
to modify, delay or delete any project that affects student capacity in the
first three (3) years of the Five Year Plan unless the School District staff,
with the concurrence of a majority of the School Board members, provides
written confirmation that:
1. 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
26
July i 7, 2007 Transmittal Draft
2, The modification, delay or deletion of a project is occasioned
by unanticipated change in population projections or growth
patterns or is required in order to provide needed capacity in a
location that has a current greater need than the originally planned
location and does not cause the adopted LOS standard to be
exceeded in the Concurrency Service Area from which the
originally planned project is modified; delayed or deleted; or
3. The project schedule or scope has been modified to address
local government concerns, and the modification does not cause
the adopted LOS standard to be exceeded in the Concurrency
Service Area from which the originally planned project is modified,
delayed or deleted; and
4. The Staff Working Group has had the opportunity to review
the proposed amendment and has submitted its recommendation to
the Superintendent or designee.
The School Board may amend the District Facilities Work Program at
anytime to add necessary capacity projects to satisfy the provisions of this
Agreement. For additions to the District Facilities Work Program, the
School Board must demonstrate its ability to maintain its financial
feasibility.
9.4 Exemptions and Vested Development: The following types of
developments shall be exempt from the requirements of public school
concurrency:
a. Developments that result in a total impact of less than one (1)
student in any level or type of school; and
b. Development with covenants restricting occupancy to exclude
school age children (e.g., age 55 and over).
The following types of developments shall be considered vested from the
requirements of public school concurrency:
a. Developments with a valid, unexpired site plan or final plat or
functional equivalent, as of December 31, 2007;
b. Developments that have executed and recorded covenants or
have provided monetary mitigation payments, as of December 31,
2007, under the School Board's current voluntary mitigation
procedures;
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2007 Transmittai Draft
c. Any Development of Regional Impact for which a development
order was issued, pursuant to Chapter 380, Florida Statutes, prior
to July 1, 2005_ Also, any Development of Regional Impact for
which an application was submitted prior to May 1, 2005.
Section 10. Resolution of Disputes
10.1 If the parties to this Agreement are unable to resolve any issue in
which they may be in disagreement covered in this Agreement, the
applicable parties to the dispute will employ dispute resolution procedures
pursuant to Chapter 164 or Chapter 186, Florida Statutes, as amended
from time to time, or any other mutually acceptable means of alternative
dispute resolution. Each party shall bear their own attorney's fees and
costs.
Section 11. Oversight Process
11.1 The School Board shall appoint up to nine (9) citizen members, the
County and the Miami -Dade County League of Cities shall each appoint
up to five (5) citizen members to serve on a committee to monitor
implementation of this Agreement. The School Board shall organize and
staff the meetings of this Citizens Oversight Committee, calling on the
Staff Working Group for assistance as needed. It shall provide no less
than seven (7) days written notice of any meeting to the members of the
Citizens Oversight Committee, the Staff Working Group, the SSPCC,
County, Cities and to the public. Citizens Oversight Committee members
shall be invited by the School Board to attend all meetings referenced in
Sections 1 and 4 and shall receive copies of all reports and documents
produced pursuant to this Agreement. The Citizens Oversight Committee
shall appoint a chairperson, meet at least annually, and report to
participating local governments, the School Board and the general public
on the effectiveness with which the interlocal agreement is being
implemented. At least sixty (60) days prior to the annual meeting of the
Citizens Oversight Committee, the Staff Working Group and the SSPCC
shall each submit an annual report regarding the status of the
implementation and effectiveness of the Agreement. These annual
reports shall additionally be distributed to all parties to this Agreement.
Meetings of the Citizens Oversight Committee shall be conducted as
public meetings, and provide opportunities for public participation. The
Citizens Oversight Committee shall adopt bylaws that shall govern its
operation.
Section 12. Effective Date and Term
This Agreement shall take effect upon the date of publication of a Notice
of intent to find it consistent with the requirements of Section
163.31777(2), Florida Statutes. This Agreement may be executed in any
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July 17, 2007 Transmittal Draft
number of counterparts, each of which will be deemed an original, but all
of which together will constitute one and the same instrument and be the
agreement between the parties. The failure of any party to execute the
Agreement by January 1, 2008 may subject that party to the penalties as
provided by statute. This Agreement may be amended from time to time
by the agreement of all participating parties, at the annual joint meeting or
anytime, as necessary. This Agreement may be cancelled prior to by
mutual agreement of the individual Cities or County and the School Board,
unless otherwise cancelled as provided by law. In such a case, the
withdrawing party and the School Board may be subject to sanctions from
the Administration Commission and the Florida Department of Education,
unless they enter into a separate agreement within thirty (30) days that
satisfies all of the relevant requirements of Florida Statutes. Any separate
agreement must be consistent with the uniform district -wide public school
concurrency system.
Section 13. Severability
If any item or provision of this Agreement is held invalid or unenforceable,
the remainder of the Agreement shall not be affected and every other term
and provision of this Agreement shall be deemed valid and enforceable to
the extent permitted by law.
Section 14. Notice and General Conditions
A. All notices which may be given pursuant to this Agreement, except
notices for meetings provided for elsewhere herein , shall be in writing
and shall be delivered by personal service or by certified mail return
receipt requested addressed to the parties at their respective
addresses indicated below or as the same may be changed in writing
from time to time. Such notice shall be deemed given on the day on
which personally served, or if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Town Manager
Town of Bay Harbor Islands
9665 Bay Harbor Terrace
Bay Harbor Islands, Florida 33154
City Manager
City of Coral Gables
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July 17, 2007 T • EIS 'nal Draft
P.O. Box 141549
Coral Gables, Florida 33114-1549
Town Manager
Town of Cutler Bay
10720 Caribbean Blvd., Suite 105
Cutler Bay, FL 33189
City Manager
City of Doral
8300 NW 53rd Street, Suite 100
Doral, FL 33166
Mayor
Village of El Portal
500 N.E. 87 Street
El Portal, Florida 33138-3517
Mayor
City of Florida City
P.O. Box 343570
Florida City, Florida 33034-0570
Mayor
City of Hialeah
P.O. Box 110040
Hialeah, Florida 33011-0040
Chief Zoning Official
City of Hialeah Gardens
10001 N.W. 87 Avenue
Hialeah, Gardens, Florida 33016
City Manager
City of Homestead
790 North Homestead Boulevard
Homestead, Florida 33030
Village Manager
Village of Indian Creek
9080 Bay Drive
Indian Creek Village, Florida 33154
Village Manager
Village of Key Biscayne
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17, 2007 Trans mi i l ra!
85 West McIntyre Street
Key Biscayne, Florida 33149
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
City Manager
City of Miami Gardens
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
Town Manager
Town of Miami Lakes
6853 Main Street
Miami Lakes, Florida 33014
Village Manager
Village of Miami Shores
10050 N.E. Second Avenue
Miami Shores, Florida 33138
City of Miami Springs
201 Westward Drive
Miami Springs, Florida 33166-5259
City Manager
City of North Bay Village
7903 East Drive
North Bay Village, Florida 33141
City Manager
City of North Miami
776 N.E. 125 Street
North Miami, Florida 33161
City Manager
City of North Miami Beach
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July 17, 2007 Transmittal Draft
17011 N.E. 19 Avenue
North Miami Beach, Florida 33162
Director of Community Development and Planning
City of Opa-Locka
777 Sharazad Boulevard
Opa-Locka, Florida 33054
Village Attorney
The Village of Palmetto Bay
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
Planning Director
Village of Pinecrest
12645 Pinecrest Parkway
Pinecrest, Florida 33156
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Deputy City Attorney
City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach, Florida 33160
Mayor
City of Sweetwater
500 S.W. 109 Avenue
Sweetwater, Florida 33174-1398
City Manager
City of West Miami
901 S.W. 62 Avenue
West Miami, Florida 33144
Miami -Dade County
Director Department of Planning & Zoning
111 N.W. First Street
Miami, Florida 33128
Superintendent
The School Board of Miami -Dade County, Florida
1450 N. E. 2 Avenue, Room 912
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7, 7t f 7 Transmittal Draft
Miami, Florida 33132
B. Title and Paragraph headings are for convenient reference and are not
intended to confer any rights or obligations upon the parties to this
Agreement.
Section 15. Merger Clause
This Agreement, together with the Exhibits hereto, sets forth the entire
agreement between the parties and there are no promises or
understandings other than those stated therein. It is further agreed that no
modification, amendment or alteration of this Agreement shall be effective
unless contained in a written document executed with the same formality
and of equal dignity herein. The Exhibits to this Agreement will be
deemed to be incorporated by reference as though set forth in full herein.
In the event of a conflict or inconsistency between this Agreement and the
provisions in the incorporated Exhibits then this Agreement will prevail.
Any amendment to this Agreement requested by a local legislative body of
the County or a participating municipality will be placed on a School Board
Agenda for consideration within sixty (60) days of the School Board's
receipt of such request. Likewise, any amendments to this Agreement
requested by the School Board will be placed on the agenda of the local
legislative body of the County and participating municipalities for
consideration, within sixty (60) days of receipt of the request.
Section 16. Counterparts Clause
This Agreement may be executed in counterparts and facsimiles shall
constitute best evidence for all purposes.
Section 17. Supplementary Agreements
All parties to this Agreement stipulate that the School Board may enter
into Supplementary Agreements with individual municipalities to address
individual circumstances. Any such Supplementary Agreement shall be
consistent with the statutes governing this Agreement.
Section 18. Favored Nations
Should the School Board enter into an agreement with another
municipality or County, separate or otherwise, which provides more
beneficial terms than those agreed to herein, the School Board shall offer
the same terms to all other parties to this Agreement.
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July 17, 20 7 Tra raft
Section 19. Exempt or Waived Municipalities
19.1, In cases where a municipality or other unit of local government (that
is not a party to this Agreement by virtue of statutory exemption or waiver)
and whose decisions and/or actions with respect to development within
the municipality's or unit of local government's jurisdiction, may impact on
municipalities or units of local government which are parties to this
Agreement, the School Board agrees to contact, through its
representatives or appropriate designees, these non-parties and invite
them to become signatories to this Agreement. Failure to secure a
response or to have non -signatories become signatories to this
Agreement shall neither constitute, nor be considered, a breach of this
Agreement.
19.2 This section shall not be interpreted to prevent exempt or waived
municipalities from participating in the processes under this Agreement as
they may relate to any public school facilities located in unincorporated
Miami -Dade County.
Section 20. No Third Party Beneficiaries.
The parties expressly acknowledge that it is not their intent to create or
confer any rights or obligations in or upon any third person or entity under
this Agreement. None of the parties intend to directly or substantially
benefit a third party by this Agreement. The parties agree that there are
no third party beneficiaries to this Agreement, and that no third party shall
be entitled to assert a claim against any of the parties based upon this
Amended and Restated Agreement. Nothing herein shall be construed as
consent by any agency or political subdivision of the State of Florida to be
sued by third parties in any matter arising out of any contract.
IN WITNESS WHEREOF, this Amended and Restated Interlocal Agreement has
been executed by and on behalf of Miami -Dade County, the Cities of City of
Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay,
City of Doral, Village of El Portal, City of Florida City, City of Hialeah, City of
Hialeah Gardens, City of Homestead, , Village of Key Biscayne, City of Miami,
City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of
Miami Shores, City of Miami Springs, City of North Bay Village, City of North
Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay,
Village of Pinecrest, City of South Miami, City of Sunny isles Beach, City of
Sweetwater, and the City of West Miami, and the School Board of Miami -Dade
County, Florida, on this day of , 2007.
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July 17, 2007 Transmittal Draft
The School Board of Miami Dade County, Florida
Attest (print)
By:
, Chair
Attest: (print)
By:
, Secretary
Approved as to form:
School Board Attorney
35
Jule 17, 2007 Transmittal .Draft
ATTEST:
By:
By:
City of Miami, Florida
As City Clerk City Manager
APPROVED AS TO LEGAL FORM:
By:
APPROVED AS TO PLANNING:
By:
Planning Director
July 17, 2007 Transmittal Draft
GLOSSARY
Contiguous Concurrency Service Areas: Concurrency Service Areas which are
contiguous and touch along one side of their outside geographic boundary.
Affected Local Government: Any jurisdiction within 1,500 feet of, or whose utilities are
utilized by the property or improvement under consideration by the School Board,
Ancillary Facilities: The building, site and site improvements necessary to provide
support services to the School Board's educational program including, but not limited to
vehicle storage and maintenance, warehouses or administrative buildings.
Applicant: For the purposes of school concurrency, any person or entity undertaking a
residential development.
Attendance Boundary: The geographic area which is established to identify the public
school assignment of students residing within that area.
Available Capacity: Existing school capacity which is available within a Concurrency
Service Area including any new school capacity that will be in place or under actual
construction, as identified in the first three years of the School District's Five Year
Capital Plan.
Cities: The municipalities within Miami -Dade County, except those that are exempt from
the Public School Facilities Element, pursuant to Section 163.3177(12), F.S.
Comprehensive Plan: As provided by Section 163.3164(4), F.S., as amended, a plan
that meets the requirements of 163.3177 and 163.3178, F.S.
Concurrency: As provided for in Florida Administrative Code Rule 9J-5.003, the
necessary public facilities and services to maintain the adopted level of service
standards are available when the impacts of development occur.
Concurrency Service Area (CSA): A geographic area in which the level of service for
schools is measured when an application for residential development is reviewed for
school concurrency purposes.
Consistency: See Section 163.3194, F.S.
Development Order: As provided by Section 163.3164(7), F.S., as amended, any order
granting, or granting with conditions, an application for a development permit.
Educational Facility: The buildings and equipment, structures and special educational
use areas that are built, installed or established to serve educational purposes only.
Educational Plant Survey: a systematic study of schools conducted at least every five
years and submitted to the DOE for review and validation. The survey includes an
inventory of existing educational and ancillary plants, and recommendations for future
needs.
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July 1 7, 2007 Transrniital Draft
Evaluation Report: A report prepared by the School District, identifying if school
capacity is available to serve a residential project, and if capacity exists, whether the
proposed development is conceptually approved or vested.
Exempt Local Government: A municipality which is not required to participate in school
concurrency when meeting all the requirements for having no significant impact on
school enrollment, per Section 163.3177(12)(b), F.S., or because it has received a
waiver from the Department of Community Affairs per Section 163.31777(1)(c), F.S.
Financial Feasibility: As provided in Section 163.3164(32), F.S., as amended, 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,
such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees,
and Applicant contributions, which are adequate to fund the projected costs of the capital
improvements identified in the comprehensive plan necessary to ensure that adopted
level of service standards are achieved and maintained within the period covered by the
5-year schedule of capital improvements.
Five Year Plan: School District's annual comprehensive capital planning document, that
includes long range planning for facility needs over a five-year, ten-year and twenty-year
planning horizon. The adopted School District's Five -Year Work Program and Capital
Budget as authorized by Section 1013.35, F.S.
Florida Inventory of School Houses (FISH) — Permanent Capacity: The report of the
permanent capacity of existing public school facilities. The FISH capacity is the number
of students that may be housed in a facility (school) at any given time based on a
percentage of the total number of existing student stations and a designated size for
each program.
Level of Service (LOS) Standard: As provided for in the Florida Administrative Code
Rule 9J-5.003, an indicator of the extent or degree of service provided by, or proposed
to be provided by, a facility based on and related to the operational characteristics of the
facility.
Local Governments: Miami Dade County and/or the Cities located within its boundary.
Maximize Capacity Utilization: The use of student capacity in each CSA to the
greatest extent possible, based on the adopted level of service and the total number of
permanent student stations according to the FISH inventory, taking into account special
considerations such as, core capacity, special programs, transportation costs,
geographic impediments, court ordered desegregation, and class size reduction
requirements to prevent disparate enrollment levels between schools of the same type
(elementary, middle, high) and provide an equitable distribution of student enrollment
district -wide.
[NOTE: School Board staff to review above definition in light of boundary setting
process and adopted rules to ensure it is appropriate.]
Permanent School District Facilities: An area within a school that provides
instructional space for the maximum number of students in core -curricula courses which
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July 1.7, 2007 Transmittal Draft
are assigned to a teacher based on the constitutional amendment for class size
reduction and is not moveable.
Permanent Student Station: The floor area in a permanent classroom required to
house a student in an instructional program, as determined by the FDOE.
Proportionate Share Mitigation: An Applicant improvement or contribution identified in
a binding and enforceable agreement between the Applicant, the School Board and the
Local Government with jurisdiction over the approval of the plat, site plan or functional
equivalent provide compensation for the additional demand on public school facilities
caused by the residential development of the property, as set forth in Section
163.3180(13)(e), F.S.
Public School Facilities: Facilities for the education of children from pre -kindergarten
through twelfth grade operated by the School District.
School Board: The governing body of the School District, a political subdivision of the
State of Florida and a body corporate pursuant to Section 1001.40, F.S.
School District of Miami Dade County: The School District created and existing
pursuant to Section 4, Article IX of the State of Florida Constitution.
Student Generation Multiplier (SGM): A rate used to calculate the number of students
by school type (elementary, middle, high) and housing type (single-family, multifamily,
etc.) that can be anticipated from a new residential development.
Type of School: Schools providing the same level of education, i.e. elementary, middle,
high school, or other combination of grade levels.
Utilization: A ratio showing the comparison of the total number of students enrolled to
the overall capacity of a public school facility within a Concurrency Service Area (CSA).
39