HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-050Temp Reso # 11377
April 23, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008- JD
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING AN AMENDED INTERLOCAL
AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE BROWARD COUNTY
SCHOOL BOARD PROVIDING FOR AN
AGREEMENT 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; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, the School Board, and the County recognize their
mutual interest for the education, nurture and general well-being of the children within their
community; and
WHEREAS, the City of Tamarac, the School Board, and the County recognize the
benefits that will flow to the citizens and students of their communities by more closely
coordinating their comprehensive land use and school facilities planning programs: namely
(1) better coordination of new schools in time and place with the approval of residential
units in land development, (2) greater efficiency for the School Board and local
governments by sitting schools to take advantage of existing and planned roads, water,
sewer, and parks, (3) improved student access and safety by coordinating as feasible the
construction of new and expanded schools with the road and sidewalk construction
programs of the local governments and requiring new or redevelopment projects containing
residential developments to construct sidewalks linking the development to school(s)
located within a reasonable distance from the development, (4) as feasible, locating and
Temp Reso # 11377
April 23, 2008
Page 2
designing schools to serve as community focal points, (5) encouraging developers of new
or redevelopment projects containing residential units to build pedestrian friendly
developments that will link their projects to schools located within a reasonable distance
from the development, and (6) to enable greater efficiency and convenience by collocating
schools with parks, ball fields, libraries, and other community facilities to take advantage of
joint use opportunities; and
WHEREAS, the County and the City of Tamarac have jurisdiction for land use and
growth management decisions, including the authority to approve or deny comprehensive
plan amendments, rezonings, or other development orders that generate students and
impact the public school system; and
WHEREAS, the School Board has the constitutional and statutory responsibility to
provide a uniform system of free public schools on a countywide basis; and
WHEREAS, Section 1013.33 Florida Statutes, requires that the location of public
educational facilities be reviewed for consistency with the comprehensive plan and
implementing land development regulations of the appropriate local governing body; 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 sitting; and
Temp Reso # 11377
April 23, 2008
Page 3
WHEREAS, Sections 163.31777 and 1013.33 Florida Statues, further require
each count y 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 School Board, the County, and the Municipalities enter into this
Amended Agreement in fulfillment of that statutory requirement and in recognition of the
benefits accruing to their citizens and students described above.
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to amended the Interlocal
Agreement between the City of Tamarac and the Broward County School Board providing
for an agreement 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are I hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: That the amended Interlocal Agreement between the City of
Tamarac and the Broward County School Board providing for an agreement 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 (attached hereto as Exhibit A); is hereby
Temp Reso # 11377
April 23, 2008
Page 4
adopted.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED and APPROVED this Zj day of 4*� , 2008.
BETH FLANSBAUM-TALABISCO
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM PORTNER
DIST 2: COMM ATKINS-GRPP-
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
1 have approved this
RESOLUTION as to form.
EL S. GOREN
CITY ATTORNEY
-7 lam' i l 7 "%
AMENDED INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
BROWARD COUNTY, FLORIDA
December 7, 2007
Table of Contents for the
Amended Interlocal Agreement
ARTICLEI..................................................................................................................................................6
RECITALS
Section 1 6
0
ARTICLEII.................................................................................................................................................7
JOINT MEETINGS
Section 2 7
7
ARTICLEIII............................................................................................................................................... 7
STUDENT ENROLLMENT AND POPULATION PROJECTIONS 8
Section 3 8
ARTICLEIV............................................................................................................................................... 8
COORDINATING AND SHARING OF INFORMATION 8
Section 4 8
ARTICLEV...............................................................................................................................................10
SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS, 10
AND POTENTIAL SCHOOL CLOSURES 10
Section 5 10
ARTICLEVI.............................................................................................................................................11
SUPPORTING INFRASTRUCTURE
Section 6 12
IN
ARTICLEVII............................................................................................................................................12
PLAN REVIEW; CONSISTENCY DETERMINATION
12
ARTICLEVIII..........................................................................................................................................15
PUBLIC SCHOOL CONCURRENCY 15
Section 8 15
8.1 Required Elements of Public School Concurrency ............................................................15
8.2 Specific Responsibilities....................................................................................................17
8.3 Adopted School Board District Educational Facilities Plan (DEFP)...............................18
8.4 Transmittal.......................................................................................................................19
8.5 Comprehensive Plans - Development, Adoption and Amendment of the Capital
Improvements Element.....................................................................................................19
8.6 Public School Concurrency Standard............................................................................... 20
8.7 Commencement.................................................................................................................20
8.8 Concurrency Service Areas (CSA)................................................................................... 20
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Words Vie; are deletions, and words underlined are additions.
8.9 Adoption of Concurrency Service Areas ...........................
••• 21
8.10 Level of Service Standard(LOS).......................................................................................
21
8.11 Exemptions and Vested Development...............................................................................
22
8.12 Public School Concurrency Management System............................................................
24
8.13 Review Process..................................................................................................................
24
8.14 Proportionate Share Mitigation........................................................................................
29
8.15 Proportionate Share Mitigation Options .......................
...........29
8.16 Formula for the Calculation of Proportionate Share Mitigation Options ............. I.......... 33
8.17 Appeal Process..................................................................................................................
35
ARTICLEV4ff IX.....................................................................................................................................36
COLLOCATION AND SHARED USE
36
Section 9 36
ARTICLEYX X..........................................................................................................................................37
RESOLUTION OF DISPUTES
37
Section 10 37
ARTICLEXI.............................................................................................................................................37
OVERSIGHT PROCESS
37
Section 11 37
ARTICLEXII...........................................................................................................................................38
SPECIAL PROVISIONS
38
Section 12 38
12.1 Land Use Authority..........................................................................................................
38
ARTICLEX4 XIII....................................................................................................................................38
EFFECTIVE DATE AND TERM
38
Section 13 38
ARTICLEXH XIV....................................................................................................................................39
AMENDMENT PROCEDURES
39
Section 14 39
14.1 Process to Amend the Interlocal Agreement.....................................................................39
ARTICLEXII XV.....................................................................................................................................
40
MISCELLANEOUS
40
Section1-215.........................................................................................................................................
40
1215.1 Entire Agreement..............................................................................................................
40
1415.2 Severability......................................................................................................................
40
4415.3 Notices..............................................................................................................................41
1-215.4 Governing Law... ...................... ......... ...........................................
................................. 41
-1215.5 Headings...........................................................................................................................
41
1-;15.6 Counterparts.....................................................................................................................41
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Words stricken are deletions, and words underlined are additions.
1-215.7 Supplementary Agreements..............................................................................................
41
1-215.8 Authority..........................................................................................................................
41
P15.9 Indemnification.................................................................................................................
42
122,15.1ONo Waiver of Sovereign Immunity........................................................................................
42
,1215.11 No Third Party Beneficiaries............................................................................................
42
1-215.12 Non-Discrimination.........................................................................................................
42
1,215.13 Records..............................................................................................................................42
SIGNATUREPAGES.............................................................................................................................
43
APPENDIX A-DEFINITIONS.............................................................................................................. 79
APPENDIX B- CALENDAR OF IMPORTANT DATES..................................................................85
APPENDIX C- PUBLIC SCHOOL CONCURRENCY REVIEW PROCESS FLOWCHART ..... 86
APPENDIX D — ACRONYM LIST....................................................................................................... 87
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AMENDED
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
BROWARD COUNTY, FLORIDA
This amended agreement (hereinafter referred to as "Amended Agreement") is entered into
between The School Board of Broward County, Florida (hereinafter referred to as "School Board"),
Broward County, a political subdivision of the State of Florida (hereinafter referred to as
"County"); the City Commission or Town Council of the Cities or Towns of Coconut Creek,
Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale
Beach, Hollywood, Lauderdale Lakes, Lauderhill, Lazy Lake, Margate, Miramar, North
Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano
Beach, Southwest Ranches, Sunrise, Tamarac, Weston, West Park and Wilton Manors (hereinafter
referred to collectively as "Municipalities").
RECITALS
WHEREAS, the School Board, the County and Municipalities recognize their mutual interest for
the education, nurture and general well-being of the children within their community; and
WHEREAS, the School Board, the County and the Municipalities recognize the benefits that will
flow to the citizens and students of their communities by more closely coordinating their
comprehensive land use and school facilities planning programs: namely (1) better coordination
of new schools in time and place with the approval pennAfing—of residential units in land
development, (2) greater efficiency for the School Board and local governments by siting schools
to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student
access and safety by coordinating as feasible the construction of new and expanded schools with
the road and sidewalk construction programs of the local governments and requiring new or
redevelopment projects containing residential developments to construct sidewalks linking the
development to school(s) located within a reasonable distance from the development, (4) as
feasible, locating and designing schools to serve as community focal points, (5) encouraging
developers of new or redevelopment projects containing residential units to build pedestrian
friendly developments that will link their projects to schools located within a reasonable distance
from the development, and (6) to enable greater efficiency and convenience by collocating schools
with parks, ball fields, libraries, and other community facilities to take advantage of joint use
opportunities; and
WHEREAS the County and Municil2alities have urisdiction for land use and growth
management decisions, including the authority to approve or deny comprehensive plan
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Words sAeLeR are deletions, and words underlined are additions.
amendments rezonin s or other development orders that generate students and impact the
public school system; and
WHEREAS the School Board has the constitutional and statutory responsibility to provide a
uniforms stem of free public -schools on a countywide basis; and
WHEREAS, Section 1013.33 Florida Statutes, requires that the location of public educational
facilities be reviewed for consistency with the comprehensive plan and implementing land
development regulations of the appropriate local governing body; 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, pursuant to Sections 163.31777, 163.3180(13), and 1013,33 Florida Statutes, the School
Board,_County and Municipalities are required to update their current. Public School Interlocal
Asreement; and
WHEREAS Section 163.3180 13 Florida Statutes requires the Sch of Board County -and
Municipalities to adopt a public school concurrency_program; and
WHEREAS the, School Board Coun and Municipalities have further determined that it is
necessary and appropriate for the entities to cooperate with each other to coordinate the approval
of residential development with,the p-rovision of adequate public school facilities in a timely
manner and at appropriate locations, to eliminate ani identified deficit of permanent student
stations, and to provide capacity for projected new growth; and
WHEREAS, Section 1013.33, Florida Statutes, requires_ that the location of _public educational
facilities must be consistent with the coml2rehensive 121an and land development regulations of
the appropriate local governing body; and
WHEREAS, Section 163.3180(13)(g), Florida Statutes, requires that prior to establishing a Public
School Concurrency program, the School Board, County, and Municipalities adopt an. Interlocal
Agreement for 12ublic school concurrency to satisfy Sections 163.31777 and 163.3180 13
Florida Statutes; and
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Words stricken are deletions, and words underlined are additions.
WHEREAS the County and Municipalities, also referred to co ectivel as the "Local
Governments," are entering into this Amended 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-sl2ecified in the School Board's Adopted Five -Year District Educational Facilities Plan
hereinafter referred to as the "District's Five Year Plan" • and.
WHEREAS the School Board has further committed to update and adol2t the District's Five Year
Plan yearly to add enough capacity in the new fifth year to address projectedgrowth- and to
adjust the District's Five Year Plan 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 the School Board County, and Municipalities have mutually agreed that
coordination of school facilft planningand comprehensive land use planning is in the best
interests of the citizens and students of Broward County, Florida; and
WHEREAS, the Broward County Charter grants county -wide authority regarding land use plan
amendments, plats and certain growth management issues to the Broward County Commission
and the Commission has authority over other growth management issues in the unincorporated
areas of the county; and
WHEREAS, the Municipalities have certain authority regarding local land use plan amendments,
rezoning and other growth management issues within their jurisdictional boundaries; and
WHEREAS, the School Board has the responsibility to provide school facilities to insure a free and
adequate public education to the residents of Broward County; and
WHEREAS, the School Board, the County, and the Municipalities enter into this Amended
Agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing
to their citizens and students described above.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency is hereby
acknowledged, the parties mutually agree that the following procedures will be followed in
coordinating land use and public school facilities planning:
ARTICLE I
RECITALS
Section 1
1.1 The above recitals are true and correct and are hereby incorporated as a part of this
Amended Agreement.
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Words semen are deletions, and words underlined are additions.
ARTICLE II
JOINT MEETINGS
Section 2
2.1 A staff working group comprised of staff representatives from the School Board, the
County and the Municipalities (hereinafter referred to as "Staff Working Group") will at
least annually meet to discuss issues and formulate recommendations regarding
coordination of land use and school facilities planning and to comply with public school
concurrency requirements, including such issues as population and student projections,
development trends, school needs, co -location and. joint use opportunities, ancillary
infrastructure improvements needed to support the schools and safe student access. The
County and Municipalities will each appoint one re42resentative and an alternate to the
Staff Working Group. The School Board of Broward County Superintendent of Schools, or
his designee (hereinafter referred to as "Superintendent") will appoint appropriate staff
and an alternate to attend and participate in the Staff Working Group meetings. The
School. Board Counly and Municipalities will each have one vote on the Staff Working
Group. The School Board staff shall coordinate and be responsible for scheduling such
meeting(s), taking and maintaining the meeting minutes and providing notification with
at least 30 days advance written notice to the appropriate members. The County and
Municipalities will assist the School Board as needed in addressing the needs and carrying
out the functions of the Staff Working Group. Representative(s) from the Broward County
Planning Council the South Florida Regional Planning Council, and other applicable
agencies will also be notified and invited to attend and participate in the Staff Working
Group meetings and functions, but shall not be considered members of the Group,_ and as
such, shall have no vote. The joint workshop sessions will also be opportunities for the
County, the Municipalities and the School Board to hear reports, discuss policy, set
direction, and reach understandings concerning issues of mutual concern regarding school
facilities planning, afid-off site improvements and public school concurrency issues. A
written sH+nfH-a�report regarding implementation of the Amended Agreement will be
prepared issued by the Staff Working Group and provided to the Oversight Committee
referenced in Article XI of this Amended Agreement. Such report shall be the basis for
the annual report issued by the Oversight Committee as required by Article XI of this
Amended Agreement. The initial ., RtAff 14TA king r,.,,, p shall hp i..,ya ; , 4444
60 days from the effective date of this Agr-eemenk upon at least 30 days wr-Rten advance
2.2 Monitoring and evaluation of the school concurrency process is required 12ursuant to
Section 163.318013 6 c Florida Statutes. The Staff Working Grouj2 shall b
December 3151 of each year, be responsible for preparing the annual assessment report on
the effectiveness of School Concurrent . The report shall be a Dart of the report cited in
Subsection 2.1 above and will be presented to the Oversight Committee.
ARTICLE III
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Section 3
STUDENT ENROLLMENT AND POPULATION PROJECTIONS
A calendar of important dates regarding the provisions of student enrollment,
population projections and other necessary shared information is depicted in
Appendix "B", attached hereto and made a part hereof.
3.1 In fulfillment of their respective planning duties, the School Board, the County and the
Municipalities agree to coordinate and base their plans upon consistent projections of the
amount, type, and distribution of population growth and student enrollment.
Countywide five-year population and student enrollment projections shall be revised
annually and provided in the subsequent calendar year at the sStaff wWorking gGroup
meeting described in Subsection 2.1.
3.2 The Superintendent 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 Superintendent based
on development data coordinated with the local governments. The Superintendent may
request adjustment to the estimating conferences' projections to reflect actual enrollment
and development trends. In formulating such a request the Superintendent will
coordinate with the County and Municipalities regarding development trends and future
population projections.
3.3 The County will continue to provide population projections that will be utilized to verify
the geographic distribution of School Board student projections countywide.
ARTICLE IV
COORDINATING AND SHARING OF INFORMATION
Section 4
4.1 Tentative District Educational Facilities Plan: Commencing no later than Tune 30 20073
and annually thereafter, the Superintendent shall submit to the County and to each
Municipality the tentative District Educational Facilities Plan (hereinafter referred to as
the "Tentative Plan") ne later- tb,..,., 14 days prior- t the anti ,;_ at d ear-iRg date by the
School Boar4. Upon providing the Tentative Plan to local governments and giving proper
notice to the public and opportunity for public comment, the School Board may amend the
Tentative Plan to revise the priority of projects, to add, or delete projects, to reflect the
impact of change orders, or to reflect the approval of new revenue sources which may
become available. The Tentative Plan will be consistent with the requirements of Section
1013.35 Florida Statutes, and include, an inventory of existing school facilities, projected
five-year student enrollment projections apportioned by school and geographic area,
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Words stFicken are deletions, and words underlined are additions.
Florida Inventory of School Housing for each school as approved by the Department of
Education, the number of portables in use at each school, the number of portables
projected to be in use at each school, five-year capital improvements for pertinent schools,
planned new schools, general locations of new schools for the five, ten, and twenty-year
time periods, the School District unmet needs 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 year period. The County and
Municipalities shall review the Tentative Plan and send written comments to the
Superintendent within .30 Elays from no later than July_31 after receipt of the draft
Tentative Plan, on the consistency of the Tentative Plan with the local comprehensive
plan, and whether a comprehensive plan amendment will be necessary for any proposed
educational facility for consideration prior to the final adoption hearing.
4.2 Information regarding schools scheduled for renovations shall be provided in the
tTentative District Educational Facilities Plan.
4.3 Educational Plant Survey: At least one year prior to preparation of the Educational
Plant Survey which is updated every five (5) years, the Staff Working Group established in
Subsection 2.1 will assist the Superintendent in preparation of the update. 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 the applicable land use plan.
4.4 Growth and Development Trends: Commencing SepteR-,ber-, 2903Au ust 31 2007 and
annually thereafter, the County in conjunction with the Municipalities will use 09
r-espeetive best efforts t shall provide the Superintendent with a report on growth and
development trends within their jurisdiction. This report may be in tabular and/or
graphic, and textual formats and include, but not be limited to the following information,
if available:
jai The total number of ongoing and remaining residential development units, plat
name and number, subdivision name, type, and number and mix of bedrooms,
ex iration date of the development order section township and range, and surve
or location mat;
(b) The total number of certificate of occupancy (CO's) issued to date for each ongoing
or remaining residential development units by plat name and number, subdivision
name, type, aP4 number and mix of bedrooms section township and range, and
survey or location map;
(c) The projected phasing of the CO's issued for each ongoing or remaining residential
development units for the remaining portion of the year, and by year for the next
five years by plat name and number, subdivision name, type, aR4 number and mix
of bedrooms, section, township and range, and survey or location map;
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Words sti:iekeii are deletions, and words underlined are additions.
(d) The projected development or potential redevelopment of vacant or other
developed land;
(e) Residential properties undergoing plat review by plat name and number;
(f) Information regarding the conversion or redevelopment of housing or other
structures into residential units likely to generate new students; and
(g) The identification of any development order(s) issued which contain a requirement
for the provision of a school site as a condition of development approval.
4.5 No later than the 151h of each month, the County will provide by correspondence to the
Superintendent, the list of all residential plat(s) granted approval by the Broward County
Commission during that preceding month. At a minimum, the information shall contain
the plat name, plat number, residential type, and number of units and date of approval. If
no plat was approved during the month, the County will send correspondence indicating
SO.
4.6 No later than the 15th days of each month after the approval of any land use plan
amendment(s), the County will provide by correspondence to the Superintendent, the list
of land use plan amendment(s) adopted or denied by the Broward County Commission.
At a minimum, the information shall contain the amendment number, residential type,
an4 number of residential units if applicable, date adopted, and the effective date of the
new land use designation. if tie land plan - a=^;.mt as adopted during the
fnenth, the County will send correspondence indieatiiig so.
ARTICLE V
SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS,
AND POTENTIAL SCHOOL CLOSURES
gPctinn S
5.1 School Board staff will review potential sites for new schools and proposals for potential
closure of existing schools and significant renovations consistent with School Board Policy
5000, to be amended consistent with this Amended Agreement and as may be amended
from time to time. The recommendations will be included in the District Educational
Facilities Plan.
5.2 When the need for a new school is identified in the District Educational Facilities Plan, the
Superintendent's Site Review Committee (hereinafter referred to as the "Site Review
Committee") will consider a list of potential sites in the area of need. The list of potential
sites for new schools and the list of schools identified in the District Educational Facilities
Plan for significant renovation and potential closure will be submitted to the local
government with jurisdiction for an informal assessment regarding consistency with the
local government comprehensive plan, including, as applicable: environmental suitability,
10
Words stricken are deletions, and words underlined are additions.
transportation and pedestrian access, availability of infrastructure and services, safety
concerns, land use compatibility and other relevant issues. Based on the information
gathered during this review for new schools the Site Review Committee will make a
recommendation to the Superintendent of one or more sites in order of preference. For
those purposes specified in this Article V, the School Board shall -amended School Board
Policy 7000 entitled New School Site Selection, to provide for the membership of the Site
Review Committee referenced therein, as may be amended from time to time. It shall
identify the members and how they shall be appointed. In addition to the current
representatives from the South Florida Regional Planning Council and Broward County,
the Site Review Committee shall include at least one (1) member who shall be appointed
by the Municipalities (additional members may be appointed at the Superintendent's
discretion) and at least one (1) "floating member" designated by the city manager or
administrator of the affected local governments in which the new school facility may be
located. For the purposes of this subsection, a floating member from the affected local
governments shall be defined as the local government jurisdiction in which the proposed
school facility will be located, or significant renovations or school closures may occur.
5.3 In addition to existing criteria utilized by the Site Review Committee and in conformance
to pertinent School Board Policy (as may be amended from time to time) regarding the
selection of new school sites and school closures, the Superintendent will coordinate
information regarding site plans for proposed new schools with the affected local
governments in accordance with Sections 1013.33, 1013.36 and other applicable portions of
Chapter Seet4ert 1013, Florida Statutes.
5.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or
leasing property that may be used for a new public educational facility, the
Superintendent 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
Superintendent within 45 days if the proposed new school site is consistent with the land
use categories and policies of the local government's comprehensive plan. This
preliminary notice does not constitute the local government's determination of
consistency pursuant to Section 1013.33(12), Florida Statutes.
5.5 If a local government determines that a proposed school site is consistent with the
comprehensive plan pursuant to this Agreement, or at any other time when such a
determination is made, the School Board shall follow the procedures contained in Section
1013.33(12), Florida Statutes, as may be amended. If a local government's determination
that the proposed school site is inconsistent with the comprehensive plan, the School
Board may request a plan amendment consistent with the local government's plan
amendment procedures and requirements.
ARTICLE VI
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SUPPORTING INFRASTRUCTURE
Section 6
6.1 In conjunction with the preliminary consistency determination described at in Subsection
5.4 of this Amended Agreement, the School Board and affected local governments will
jointly determine the need for and timing of on -site and off -site improvements to public
facilities necessary to support each new school or the proposed significant renovation of
an existing school, and will enter into a written agreement, or amend a current agreement,
if applicable, to be consistent with this Amended Agreement as to the timing, location,
and the party or parties responsible for funding, constructing, operating and maintaining
the required improvements.
ARTICLE VII
• rI t I re)61
Section 7
7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time
to time, the School Board shall appoint a School District staff member(s) to be its
representative on the County and each respective Municipality's local planning agency.
Notification of the staff member's name, title and address shall be submitted in a timely
manner to the applicable local planning agency.
7.2 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time
to time, the County, or Municipalities will include the representative appointed by the
School Board to serve on its local planning agency, or equivalent agency and the
representative will have the opportunity to attend those meetings at which the agency
considers comprehensive plan amendments and rezonings (including the allocation_ of
flexibility/reserve units) that would, if approved, increase residential density for the
property that is the subject of the application. When available, the School Board
representative shall attend and participate in local planning agency meetings at which
residential density could increase. The County or Municipality ies may at its discretion
grant voting status to the School Board representative.
7.3 As a part of its development review process, the County and Municipalities agree to
provide a copy of comprehensive plan amendment and rezoning applications includin
the allocation of flexibility/reserve units that could increase residential density to the
Superintendent. At a minimum, the information provided shall include the name of the
applicant, applicationro'ect number,project name current and proposed use, existin
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and proposed land use or zoning designation, existing permitted and proposed and type
of units, acreage, genera survey or location map and section, township and range and the
anticipated date the local planning agency may consider this item if such date is
determined at the time the information is provided. The County or Municipalities shall
provide the deadline for receiving comments from the Superintendent, however, the time
provided to the Superintendent for submitting such comments shall be no less than
twenty one (2) days and no greater- thaxhi p (30) forty --five (45) days from the date the
rtu r
information is provided to the Superintendent. If no deadline is provided together with
the information, then the Superintendent shall provide comments no later than thirty (38)
forty-five (45) days after receipt of the information. Further, the County or Municipalities
will notify in writing to the Superintendent when the application receives final approval.
from the governing body.
7.4 The School Board shall continue to participate in the Broward County land use plan
amendment review process through its Broward County Planning Council appointed
member.
7.5 The School Board shall continue to review non-residential development applications
participate through staff review in the Breivard County 191A, site plaR� vac=afion petifie-19
and other pertinent development applications that may affect school
properties and participate as necessary on other growth management issues.
7.6 The County and the Municipalities agree to notify the Superintendent of proposed land
use applications, amendments to the comprehensive plan future land use map, rezonings
(including the allocation of flexibility/reserveunitsl, developments of regional impacted
pending before them that may affect student enrollment, enrollment projections, or school
facilities. Such notice shall be provided to the Superintendent at the same time as notice is
provided to the public for the applications under the provisions of the County Cede or
City Code of Ordinances.
7.7 The review by the Superintendent or desiznee regardinz land use/comprehensive plan
amendments and rezoning (including the allocation of flexibility/reserve units)
applications containing residential units shall be classified as "Public Schools Consistency
Review (Schools Consistency Review)". The Schools Consistency Review does not
constitute public school concurrency review. An applicant for land use/comprehensive
plan amendment, and/or rezoning applications (including the allocation of
flexibility[reserve units) may delineate the residential type, units and bedroom mix of the
project, if known. If the residential type and bedroom mix is not known, the school
consistency review shall be based upon the maximum student generation rates for that
residential type.
7.8 The written comments provided by the Superintendent to the County and Municipalities
regarding such applications
eempenen will at a minimum:
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' -e local gove nnieRt-&£ Specify the student impacts anticipated to result
from the development proposal;
ii the level of service of Depict the permanent capacity f the impacted school(s)
using capacity formulas as defined by the Department of Education the impacted
school(;
(iii) Depict ten year student enrollment projections by planningareas; {iii)
iv Depict the planned capacity improvement(s);
(v) Identify alternatives available, and; M
vi Contain a statement that the gVplication will be subject to public school
concurrency review at the time of plat or site plan (or functional equivalent)
review. School capacity will be reported consistent with Department of Education,
Florida Inventory of. School Houses.
7.93 If the Schools Consistency Review identifies that sufficient capacity is not available at the
impacted schools or anticipated in the District Educational Facilities Plan to serve the
development, the ehea Beard, local gevemnie„t, and deve epee: ,., t1se their best
efforts to collabor-atively develep options that aim to iqr-evide the capacity to accommAd4p
new .,yadethe applicant may choose to offer and the School Board may consider
voluntary mitigation to address the anticipated studentim42act. Such voluntary
mitigation shall be limited primarily to_(i) the dedication of needed school. site(s), (ii) the
payment of monies to construct and or the construction of the needed schools or iii
other potential mitigation option(s) consistent with adopted School Board policy and if
accepted by the School Board shall be memorialized in a legally binding agreement.
7.109 In reviewing and approving comprehensive plan amendments and rezonings includin
the allocation of flexibility/reserve units the County and Municipalities may consider the
following issues consistent with applicable governmental codes and comprehensive plans
in addition to such other criteria as may be applicable or appropriate:
(a) School Board comments provided pursuant to Chapters 153 and 1013, Florida
Statutes which may include, but not be limited to:
(4)1. Available permanent school capacity or planned improvements to increase
school capacity;
(4)L The provision of school sites and facilities within planned neighborhoods;
(-4i)5. Compatibility of land uses adjacent to existing schools and reserved school
sites;
(-iv)4. The collocation of parks, recreation and neighborhood facilities with school
sites;
(v)5. The linkage of schools, parks, libraries and other public facilities with
bikeways, trails, and sidewalks for safe access;
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{}6. Traffic circulation plans which serve schools and the surrounding
neighborhood;
(vii)7. The provision of off -site signalization, signage, access improvements, and
sidewalks to serve schools;
(vii)8. The inclusion of school bus stops and turnarounds; and
49._ The installation of appropriate buffers such as, but not limited to, a solid
fence or concrete wall, solid hedges or increased setbacks that will ensure
compatibility with the adjacent school for any new development that will be
located adjacent to an existing school or an identified future school.
7.1140 In formulating community development plans and programs that may affect public school.
facilities, the County and Municipalities will provide notice to the Superintendent
concerning any workshop or regular meetings which relate to such community
development plans and programs and will invite the Superintendent's submission of
comments and participation at such meetings.
ARTICLE VIII
PUBLIC SCHOOL CONCURRENCY
Section 8
8.1 Required Elements of Public School Concurrent
(a) Initial Comprehensive Plan Amendments Related to the Public School
Facilities Element PSFE to Satisfy -Sections 163.3177 and 163.3180 Florida
Statute Requirements: The amendments to the PSFE and related amendments
to the Capital Improvements Element (CIE) and the Intergovernmental
Coordination Element (ICE) in the County's and_Mun'cipalities corn.prehensive
plans ("school -related element amendments" or school -related element
provisions") required to satisfy Sections 163.3177 and 163.3180 Florida Statutes
are being adopted into the comprehensive 121ans of the County and
Municipalities concurrently with the execution of this _ Amended Interlocal
Agreement by the County and Municipalities. Some provisions_ relevant to
public schools may remain in the Future Land Use Element or other elements
as may be appropriate.
Subsequent School -Related Element Amendments: Thereafter, the
experience under the revised comprehensive plans and the School Board of
Broward Coun 's adopted Five -Year "District Ed cational Facilities Plan"
(DEEP, shall be reviewed by the County and Municipalities each year, at the
Staff Working Grou42 (SWG)meeting to be held no later than March 31,_ to
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determine whether updates to the comprehensive 1 ns are required. At the
minimum, the School Board'sadopted Five -Year DEFP shallbe updated
annuallyby the addition of a new fifth year. Any other amendments to the
comprehensiveplans- shall be transmitted in time to allow their adotion
concurrently with the update to the School Board's adopted Five -Year DEFP,
where feasible.
(c 1 School Board Review of School -Related Element Amendments: Unless
proposed by the School Board, all school- related element amendments shall be
provided to the School Board at least sixty (60) days_12rior 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 (iin writing at least one (1) week prior_to the
local plannin- agency (LPA)meeting_ on the school -related _ element
amendment, or ii)by attending and providing comments at the_LPA meeting.
CountMide Consistency of School -Related Elern nt Amendments: The
County and Municipalities school -related element provisions must be
consistent with each other and with the School Board's facilities plan and
policies. Each Municipality ma choose to adol2t 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
Municipality adopts its own school -related element provisions, any goal,
objective, policy or other provision relevant_ to the establishment and
maintenance of a uniform district -wide school concurrency system shall be
substantially the saute as its counter part in the_County and Municipalities
comprehensive plans. If any school -related element amendment _is_proposed
that affects the uniform district -wide school concurrency system, it shall not
become effective in accordance with Section 14.1 (f) of _ this Amended
Agreement. Once these amendments become effective then the new
requirement shall aj2ply countywide. Each Municipality and the County may
adopt the School Board's adopted Five -Year DEFP into its comprehensive plan
either by reference or by restatement of the relevant portions of that adol2ted
Five -Year DEFP but in no event shall a Munici a ity or the County attemi2t to
modify that adopted Five -Year DEFP. The County and Municipalities agree to
coordinate the timing of approval of school -related element amendments, to
the extent that it is feasible to do so.
Ue Evaluation and Appraisal Report: In addition to the other coordination
procedures provided for in this Amended Interlocal Agreement, at the time of
the Evaluation and Appraisal Report (EAR), the County and Municipalities
shall schedule at least one 1 SWG meeting with the School Board to address
needed updates to the school -related 121an provisions.
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8.2 Specific Responsibilities
U Broward County and the Municipalities, within 90 days of the comprehensive
plan amendments in accordance with this Amended Agreement_ becoming
effective shall amend their respective Land Development Codes(LDC) and
adopt the required public school concurrency provisions, consistent_ with the
requirements of this Amended Agreement. Such amendment shall include the
public school concurrency management system outlining _the_ development
review process for proposed residential developments.
Lb� Broward County and the Municipalities, in accordance with this Amended
Agreement shall:
1. Not approve or issue any residential 12lat or site plan or functional
eriiiivalentl that is not exemnted or vested nursuant to Subsection 8.11 of
this Amended Agreement until the School District has reported that the
school concurrency requirement has been satisfied.
2. Maintain data for Q42roved residential development that was the subject of
public school concurrency review. The data shall be provided_to the School
District no later than 15 days after final annroval of the ai)t)hcation by the
W:TO
A. Development name and project number;
b. Survey or location map;
c. Number of dwelling units by residential type unites and bedroom mix;
d. Section, Township and _Range, and
e. Final adoption and expiration date.
3. Transmit residential plats and _ site plants _ (or their functional equivalents)
and proposed amendments to such plats or site plans to the School District
for review and comment, consistent with Subsection 8.13 of this Amended
Agreement.
4. Commencing August 31, 2007, and annually_ thereafter as a part of the
growth and development trend as required by Subsection _4_ 4, provide the
total number of the above dwelling_units_issued certificates of occupancy to
the School Board.
Lc,) The School Board shall do the followin :
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1. Annually _prepare and update its adopted Five-Ypar__DEFP, which for the
purposes of public school concurrency shall be considered the financially
feasible Five -Year Capital Facilities Plan. The Five -Year Capital Facilities
Plan shall reflect the capacity needed to meet the adopted level of service
standard for each District elementary, middle and high school, during the
five year period, but no later than the fifth year of the Five -Year Capital
Facilities Plan,
2. Establish a process to ensure the maximum utilization of permanent
capacity_ at each District elementary, middle and high school and to ensure
that the _schools are operating at or below the adopted level of service
standard (LOST.
3. Commencing October 1 2007 and annually thereafter by October 1
provide the County and Municipalities with the required School District
data related to public school concurrency, and related analysis needed to
amend or annually update their comprehensive plans.
4. Review proposed plat and site 121an or functional equivalent) al2l2lications
for compliance_ with public school concurrency requirements.
5. As a component of the District's public school concurrency management
system, maintain data regarding available capacity at each elementary,
middle and 1-dgh school after factoring the„student impact anticipated from
the proposed residential development into the database.
6. Review proposed proportionate share mitigation options for new
residential development, and determine acce tabih of such 12rol2ortionate
share mitigation ol2tions,
7. Prior to the effective date of public school concurrency, amend .School
Board Policy 1161, entitled Growth Management, to...incorporate public
school concurrency provisions and delineate the District's public school
concurrency management system.
8. s necessary, amend the District Educational Facilities Plan to incorporate
.. __.._. _.
funds accepted as proportionate share mitigation.
8.3 Adopted School Board District Educational Facilities Plan(DEFP)
a On or before September 301h of each year, the School Board shall update and adopt
its Five -Year DEFP, for Broward County Public Schools. The adapted DEFP shall
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be considered the financially feasible plan regarding the iml2lementation of Public
school concurrence.
At the minimum, the -adopted Five -Year DEFP and each annual update shall
svecifv all new construction expansion and remodeling, which will add
permanent capacit o elementary, middle_ and high schools, and also include
informationspecified in Subsection 4.1 of this Amended Agreement.
U The adopted Five -Year DEFP and each annual update shall include a description of
each school project, a listing of funds to be spent in each fiscal year for the
planning, preparation,land acquisition, and the actual construction and
remodeling of each Pertinent school proiect which adds capacity or modernizes
existing facilities; the amount of cal2acit.y added if any; and_a__generalized location
maP for Planned new schools. Such location maps shall be considered as data and
analysis in -suI212ort of the PSFE of the Coun 's and Municipalities'
Comprehensive Plans.
Ld) The adopted Five -Year DEFP and each annual uj2date shall identify the five-year
pro-jected student enrollment, permanent capacity and utilization percentage of all
elementary, middle and high schools.
Ue) The adopted school boundaries for each elementary, middle and high school, as
annually conducted by the School Board shall also become the adopted
concurrency service area as referenced in Section 8.8 and shall be consistent with
ermanent capacity additions reflected in the adopted Five -Year DEFP. The school
boundaries maps shall be considered as data and analysis in suIport of the PSFE of
the County's and Municipalities' Comprehensive Plans.
8.4 Transmittal
U In addition to the provisions pertaining to the Tentative District Educational
Facilities Plan as delineated in Article IV of this AmendgId Agreement, the School
Board ul2on completion and adoption of the Five -Year DEFP shall make the
District Educational Facilities Plan available to the Local Governments no later
than thirty (30) days after adoption of the District Educational Facilities Plan.
8.5 Comprehensive Plans - Development, Adoption and Amendment of the Capital
Improvements Element
O Upon adoption of the Five -Year DEFP and transmittal to Local Governments, the
County and Municipalities shall ado t the School Board's Five -Year "Adopted
District Educational. Facilities Plan" or applicable section of the Adopted DEFP as
a part of the Capital Improvements Element CIE of their Comprehensive Plans.
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Any amendment, correction or modification to the adopted _ Five -Year DEFP
concerning costs revenue sources or acceptance of facilities pursuant to
dedications or proportionate share mitigation, once adopted by the School Board
shall be transmitted by the School District to the County and Municipalities within
forty-five 45 days after the ado tion. Within one hundred eighty 180 days, the
County and Municipalities shall amend their CIE to reflect the changes. Such
amendments may be accomplished by ordinance, and -shall not be considered
amendments to the comprehensive plan, pursuant to Section 163.3177 6 b 1
Florida Statutes.
lc By adopting the Five Year DEFP into their CIE the County and Municipalities,
shall have neither the obligation nor the responsibility for funding the DEFP.
8.6 Public School Coancurrency_Standard
Lal The public school concurrency standard requires Broward County _ the
Municipalities and the School Board to maintain the adopted Level of Service
LOS for Broward Coun Public Schools. The Public school concurrent
standard requires that all proposed plat and site plan (or functional equivalent)
applications containina residential units shall be reviewed to ensure that adequate
school capacity will exist prior to or concurrent with the impact of the_ proposed
residential development, to accommodate the additional student growth at the
adopted LOS.
887 Commencement
Lai Public school concurrency described in this Amended Agreement shall commence
upon the Comprehensive Plan Amendments related to the�ublic school Facilities
Element by the County and Municil2alities becoming effective and the execution of
this Amended Agreement by the parties identified herein. However,public school
concurrency shall commence no earlier than February 1_, 2Q08.
8.8 Concurrency Service Areas (CSA)
Lai The School Board, County and Municipalities hereby agree that the CSA.s for the
implementation of public school _concurrency in Broward County _shall be
measured and applied on a less than district -wide basis.
Lb� The CSA for the implementation of public school concurrency in Broward Counjy
shall be the approved school boundaries for elementary, middle and high schools
as annually adopted by the School Board. Use of this method will create_a separate
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school concurrenc service area boundary map for each elementary,middle and
high school and each such school attendance boundary will become its own CSA.
For the ur oses of public school concurrency, such CSA shall be effective on the
first day of the school year, and end on the last day before the beginning of the
next school year,
8.9 Adoption of Concurrency Service Areas
U Adoption of the CSAs shall be as delineated in School Board Policy 5000 entitled
Adequate Educational Facilities Designation of Schools and Attendance Areas
Elimination and Consolidation of Schools to be amended consistent with the
Amended Agreement, and as may be amended from time to time.
No later than fort -five 45 days after adoption of the CSAs the School District
shall transmit the new CSAs to the County and Munici alities. The County and
Municipalities shall incorporate the adopted "Annual School Attendance
Areas/Boundaries and School Usa e Report" and the School Board's process for
modification of the CSAs contained in the "Annual School Attendance
AreasZBoundaries and School Usage Report" as data and analysis in su ort of the
PSFE of their Comprehensive Plans.
8.10 Level of Service Standard (LOS)
Ua� In order to ensure that the capacity of schools is sufficient to support student
rowth the School Board County and Munici alities hereby declare and establish
the LOS as 110% of the permanent FISH cal2acity for each concurrency service area.
The LOS shall be achieved and maintained within the veriod covered by the five -
ear schedule of capital improvements. To maintain the adopted LOS the School.
Board may if necessary, utilize relocatable classrooms(portables) on a temporary
basis as an operational solution during the replacement or expansion of District
school facilities or at Exceptional Student Education cluster sites or in the case of a
disaster or emer enc .
tW The LOS shall be adopted and incorporated into the PSFE of Broward County and
the Municipalities' Comprehensive Plans.
O In the review of 12rol2osed develo ment applications containing residential units
the LOS for schools containing magnet programs shall be considered the same as
stated for each pertinent school. level(elementary,middle and high).
U Students attending or anticipated to attend designiated stand-alone magnet schools
are factored into the five-year student enrollment project'ons for District schools.
Enrollment Pro-jections multiply the residing number of _ students within a
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concurrency service area by the attending student nol2ulation rate within, _ a
concurrency service area. The attending rate is the _number _of students found to be
attending their assigned school divided by the number of students residing in the
area. This is calculated for every area and for all grade levels. This formula
accounts for students attending other schools such as charters, maganets,_an_d non --
bounded magnet schools.
Le) Students returning, attending or anticipated to attend_ charter_ schools are factored
into the five-year student enrollment projections for District schools._ Based upon
where students reside and the location of each charter__ school an "AREA OF
INFLUENCE" is created using a geographical radius. The area of influence is
comprised of circle radii measured in miles and determined by such factors as the
type and size of the subject school(s). A charter school is located _at_the center of
the radius and cap
tures the percentage of students attending the charter school
within each radius. Enrollment projections are adjusted for all elementary, middle
and high schools impacted by a charter school until the charter school reaches full
enrollment status.
If a charter school facility closes, the five-year enrollment projections are adjusted
to„reflect students going back to their assigned elementary, middle or high school
within the appropriate radius.
8.11 Exemptions and Vested Development
Lag The following residential plats and site plans (or functional equivalent) shall be
exempt from the requirements of public school concurrency:
1. All residential_ plats and site plans (or functional equivalent) which
generates less than one student in the relevant CSA. Such development
shall be subject to the payment of school impact fees.
2. Any amendment to or replat of a residential plat or amendment to a
residential site plan (or functional equivalent) hich generates less than
one additional student. Such development shall be subject to the payment
of school impact fees.
3. Any g_e restricted community with no permanent residents under he age
of_eighteen (18). Exemption for an aged restricted community shall_onlbe
available subject to a recorded Restrictive Covenant limiting the age of all
permanent residents to eighteen (18) years and older.
4. As may otherwise be exempted by Florida Statutes.
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LW The following_ residential plats and site plans (or functional equivalent)shall be
vested from the requirements of public school concurren T
1. Any residential plat or site plan (or functional equivalent?located within a
previously approved comprehensive plan amendment or rezoning which
is subject to a mitigation agreement in accordance_ with the following;
(Li) The mitigation to address the impact of the new students
anticipated from the development has been accepted by the
School Board consistent with School Board Policy 1161 entitled
Growth Management, to be amended consistent with this
Amended Agreement and as may be amended_ from time to
time, and;
ii. A Declaration of Restrictive Covenant has been _proper_l_y
executed and recorded by the Developer or the development is
located within a boundary area that is subject to an executed
and recorded triparty agreement consistent with School Board
Policy 1161, to be amended consistent with this Amended
Agreement and as may be amended from time to time.
2. Any residential site plan (or functional equivalent that has received final
approval, which has not expired prior to the effective date of public school
concurrency.
3. Any residential site plan ,or functional equivalent) which is included
within a residential plat or development agreement for which school
impacts have been satisfied for the dwelling units included in the proposed
site plan (or functional equivalent). In the transmittal of such residential
site plan (or functional equivalent) to the School Distrb t,_the County or
Municipality shall state in the transmittal or provide written information
indicating that the units in the a1212lication are vested. The County will
provide the necessary information to the School Board and Municipalities
to identify the vested plats and further specifics to be contained in the
adopted land development regulations.
O To -be exempt_ or vested from the requirements of public school concurrency,_ an
owner seeking such a determination shall be required to submit an application to
the to the Local Government which shall include written evidence sufficient to
verify that the subject development meets the exemptions stated herein, and as
such, is exempt from the requirements of public school concurrency.
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8.12 Public School Concurrenc Mana ement S stern
f a� Within 90 da s after the Public school concurrency plan amendments become
effective Broward County and each Municipality shall adopt public school
concurrency provisions into its Land Development Regulations (LDR) consistent
with the re uirements of this Amended A reement.
The Coun and Munici alitxes shall amend their LDR to ado t ublic school
concurrency provisions, which Provide Procedures for the review of Plats and site
plans (or functional equivalent).
1. Any Municipalityma choose to ado t the Count 's ublic school
concurrency regulations, in lieu of its own and agrees to be bound by the
terms and provi3ions therein until it -adopts its own school concurrenc
ordinance.
2. At any time a Municipality may opt out of the Coun 's im lementin
ordinance through implementation of its own school concurrenc
ordinance.
(c) Prior to the effective date of public school concurrency, the School Board shall
amend its School Board Policies to include ublic school concurrenc rovisians
consistent with the requirements of this Amended A ree ent.
8.13 Review Process
fa Broward County,the Municipalities and theSch—ool Board shall ensure that the
LOS established for each school e and CSA is maint fined. No residential lat
or site plan or functional equivalent) application or amendments thereto shall be
approved by the County or _Municipalities, unless the residential development i
exempt or vested from the requirements specified in Subsection 8.11 of this
Amended Agreement, or until a School Cry Availability Determination Letter
SCAR has been issued by the School District indicating that adequate cal2acity is
available. This shall not limit the authority of a Loc 1 Government to deny a
develo meat permit or its functional equivalent, urs ant to its home rule or
overrunental regulatory owers for reasons other than school capacity.
f b) ALiy api2licant submitting a plat or site 121an or functional euivalent application
with a residential component that is not exem t or vested under Subsection 8.11 of
this Amended Agreement is subject to public school concurrency and shall be
required to submit a Public School Imj2act Application PSIA to the Local
Government for review by the School District including the following:
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1. The name survey or location map of the development;
2. As applicable, the existing land use or zoning designation, including
existing -permitted units and type;,
3. The number and type of proosed dwelling units and if applicable, the
bedroom mix (if the type and bedroom mix is not delineated in the
application, it shall be reviewed based on the maximum student generation
rate for that residential types
4. The section, township and range;
S. Age restrictions for occu anc if pny, and;
6. Any documentation supporting a request for exemption under Subsection
8.11 of this Amended Agreement.
O The Local Government shall ensure the applications for residential 12lat or site
fans or their functional equivalent) are corn fete and transmit them to the School
District for review. U12on determination that the application is comi2lete, the Local
Government shall transmit the PSIA to the School District for review. This process
does not preclude the Local Government from requiring that the applicant_ submit
the PSIA directly to the School District for review.
Ud The School District will review the properly submitted and completed PSIA and
verify whether or not sufficient ca aci is available at the impacted CSA to
accommodate students anticipated from the proposed development. The process
for review of the application shall be as follows:
1. The School District shall review, on a first come, first serve basis, the
completed PSIA. The SCAD Letter shall be sent to the applicant and the
affected Local Government no later than forty-five (45) days after receipt of
the PSIA.
2. Notification shall be provided to the applicant and affected Local
Government if the application is incomplete.
3. As authorized by School Board Policv 1161., the School District will_charge a
non-refundable application fee payable to the School Board to reimburse
the cost to review residential 12lats and site plans or functional equivalent)
and matters related to public school concurrency. Payment shall be
required prior to the commencement of review.
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(e) Student Generation Rates Calculation
1. The determination of students anticipated from a proposed PSIA shall be
based on the utilization of the effective, adopted and Pertinent student
generation rates contained within the Broward County and Developnnent
Code (BCLDC). Update of the student generation rates shall be conducted
at least once ever -three (3) years by the School Board in coordination with
the County and Municipalities
LfI Utilization Determination
1. It shall be the responsibility of the School. District to maintain the CSA
boundaries and related data.
2. The School District shall determine the impact of a proposed development
to assigned school(s) y performing the following procedures:
10 Deduct the Twentieth Day Enrollment numbers from the
school's Permanent FISH capacity. The Twentieth Day count is
effective on the twentieth day of the school year until the
nineteenth day of the next school year.
CH.) Add or deduct capacity from capital Pxoects over the next three
years as reflected in the Adopted DEFP, which may -include
capacity from a new school in an a1212roved boundary that will
become effective in the next school year.
iii. Deduct the number of students from development approved_ taer
Subsections 8.11(b) and 8.13(g) of this Amended Agreement and
anticipated to be built within the next three years.
iv. Deduct the number of students generated from the proposed
rn olect.
3. If it is determined that there is no permanent capacity at the assigned
school(s) as determined by the procedure described in Subsection 8.13 2
above because theprojectedgrowth from a residential development_ causes
the adopted LOS to be exceeded in the subject CSA, the School District
may, if practical, utilize Pertinent options delineated in School Board Policy
5000, to be amended consistent with this Amended Agreement and as may
be amended from time to time to ensure maximum utilization at the CSA.
Otherwise, all of the CSAs immediately adjacent to the primary im42acted
CSA will be examined for available capacity before a determination letter is
issued indicating that the development has satisfied Public school
concurrenc .
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4. If necessary, the School District will reassign previously allocated adjacent
capacity to achieve maximum utilization_ except where such reassignment:
Q Creates additional transportation cost impacts due_ to natural or
physical barriers; or
ii.) Results in a violation of federal, State or School Board Policy.
A flowchart providing an example of the public school concurrency process is
depicted in Appendix "C", attached hereto and made a part hereof.
(g) Issuance and Term of Public School Concurrence
1. If the School District reviews a development vroiect application and
determines that sufficient permanent capacity is available at the adapted LOS
to accommodate students anticipated from the development, the School
District shall issue a SCAR Letter indicating that adeauate school facilities exist
to accommodate the student impact
2. After issuance of the SCAD Letter, the District shall add the reserved seats for
the number of students anticipated to its database.
3. County plat approval or local government site plan approval or amendment
thereto, which are subject to public school concurrency shall not be approved
until the SCAD Letter has been received from the S hool District confirmin
that capacity is available in the CSA or if caj2acijy is not available that
proportionate share mitigation has been accepted by the School Board
regarding the proposed development. If a plat and site plan (or functional
equivalent) are both required for a development, school concurrency shall be
applied during the earlier review.
4. Upon final action by the Local Government regarding the development, the
Local Government shall send written notice to the School District indicating
that the development was granted final approval or denied. If the plat, site
plan (or functional equivalent) received final approval, the development and
anticipated students shall be considered vested for up to five (5) years
beginning from the date the Developer received final approval from the Local
Government. Vesting of a of beyond the five years requires that one of the
following conditions are met within the five (5) year period: 1) the issuance of
a building permit for a principal building and first inspection approval or 2)
substantial completion of project water lines sewer lines and the crock base for
internal roads. If the development was denied, the District shall deduct from
its database, students associated with the development. Information provided
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shall be consistent with requirements stated in Subsection 8.2 of this Amended
Agreement.
5. The Local Government shall verify prior to issuing a building permit for a
residential development that eitherthe__ requirements of public school
concurrency have been satisfied or that the application is exempt or vested
from public school concurrency.
6. Once an approved plat, site plan (or functional equivalent) expires, the SCAR
Letter will no longer be valid. If an approval is to be extended, as may be
permitted by the applicable Local Government, the applicant or the Local
Government shall be required to provide written notice to the School District
prior to any such expiration and provide documentation that the extension
request was approved.. Failure to provide the timely written notice to the
School. District will result in the expiration of the SCAD Letter.
7. In the event that approved changes in the overall mix of residential units
and/or mix of bedrooms result in a net reduction in the amount of units
constructed, a refund of any portion of the proportionate share mitigation
amount maid may be available only if any such amount has NOT been
committed for or used by the District to defray the school impacts originally
anticipated to occur as a result of the original development, and only if the
applicant restricts the property to the revised mix of residential units and/or
mix of bedrooms to justify the refund.
8. If the student impacts from a proposed development causes the adopted LOS
in a CSA to be exceeded or increase enrollment in a CSA where there is an
existing LOS deficiency, a determination letter shall st,2te why the development
is not in compliance, and the applicant shall have thirty (30) days to propose
proportionate share mitigation to the School District.
9. If the applicant proposes proportionate share mitigation within the thirty(30)
day deadline, upon the subsequent acceptance of the proposed mitigation by
the School Board, and upon the execution of a legally_ binding document
between the School Board, local government and applicant, a new SCAD Letter
shall state that adequate capacity would be available to accommodate the
student impact anticipated from the development, and subject to the mitigation
measures outlined in the binding agreement. If the12roportionate share
mitigation is not agreed to, the SCAD Letter, shall state why the mitigation
proposals were rejected and also state why the_ development is not in
compliance with public school concurrency requirements.
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8.14 Proportionate Share Mitigation
U The School. Board. shall consider proportionate share mitigation pursuant _to
provisions of this Amended Agreement. Such consideration shall be consistent
with the mitigation provisions outlined herein and delineated in School Board
Policy 1161., to be amended consistent with this Amended Agreement and as i ay
be amended from time to time, regarding_ public school concurrency. if the
proposed mitigation option is accepted and deemed financially feasible by the
School Board, the applicant or Local Government shall enter into an enforceable
and binding agreement.
M The binding agreement shall be filed against the property thetheproperty owner
reviewed and approved by the School District, and recorded in Broward County
public records by the property owner. Subsequently, the recorded agreement
shall be provided to the School District, Broward County and Local Government
with -jurisdiction over the approval of the development order.
8.15 Proportionate Share Mitigation -Options
Once it is determined consistent with Sections 8.13 (e) and (D of this Amended
Agreement that there is insufficient capacily at the assigned schools to serve the
proposed development, a development's total proportionate share mitigation
value shall be determined as follows:
�i The number of additional deficit sDjdents generated by the
proposed development that would impact school(s) exceeding
the adopted LOS, or that would cause the assigned school(s) to
exceed the adopted LOS multiplied by the Florida Student
Station Cost Factors for each school eplus
ii. That development's share of the land acquisition cost for school
sites, if any, as determined and published annually in the
adopted Five Year DEEP.
No land cost shall be applied to mitigation on property that is already owned or
controlled by the School District at the time the proportionate share mitigation
agreement is being executed. Relocatable classrooms or facilities shall not be
considered or accepted as an acceptable proportionate share mitigation option.
U The proportionate share mitigation proposed to address the deficit student
stations, at the affected school(s) shall equate to at least one permanent classroom
when the following occurs: (i) The development generates the need for the
additional capacity and that capacity is not available; ii No classroom additions
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are available within the first three years of the adopted Five -Year DEFP to
accommodate the studentsgenerated; and/or iii No 5chool District funds are
available to provide the needed classroom(. Mitigation to address the anticipated
student impact that necessitate the need for school situ shall primarily be the
dedication of land. I1�e proportionate share mitigation _options_ to satisfy public
school concurrency requirements shall include the following:
7. Provide the needed school site(s) for elementary, middle or high school.
Acceptability of dedicated land shall be subject to review and determination b
the Superintendent or designee that the subject real property _satisfies the
educational and site requirements of the ap licable School Board Policy. The
timeframe for the conveyance of the dedicated lands all be as agreed to by the
School Board, and specified in the binding agreement. The binding_ agreement
shall provide a condition that no building permit(s) will be issued for
residential units associated with thePlat or site 121an until formal conveyance of
the school sites to the School Board has occurred. If the appraised value of
the dedicated site(s) is less than the school impact fees due for the project, the
provision of additional funds towards construction of the school(s) or facilities
will be required.
2. Pay for the project cost for the construction of school(s) scheduled in the
Adopted Five -Year DEFP to relieve the primarily impacted CSA(s)_ plus the
cost of the land acquisition, if any, for school sites as determined and published
annually in the Adopted Five -Year DEFP or pay the project cost amount
deemed necessary in advance of the time set forth in the -Adopted Five -Year
DEFP. The costs associated with the identified miti ation shall be based on the
estimated cost of the improvement on the date that the improvement is
programmed for construction. Future costs will be calculated using_ estimated
values at the time the mitigation is anticipated to commence. Unless otherwise
agreed -to by the School Board payment of the total amount due shall be made
no later than thirty (30) days after the first to occur, the plat, site plan(or
functional equivalent) receives final approval from the local governing -
This option shall be subject to specific School Board approval.
3. Pay for the 12roject cost regarding the construction of a_public school facility
utilizing urban school concept(s) adopted by the School Board plus the cost of
the land acquisition, if any. Also the construction of such facility shall meet
the State of Florida and the School Districts educational facility_ requirements.
The costs associated with the identified mitigation shall be based on the
estimated cost of the improvement on the date that the improvement is
programmed for construction. Future costs will be c lculated using estimated
values at the time the mitigation is anticipated to commence. Unless otherwise
agreed to by the School Board, payment of the total amount due shall be made
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no later than thirty (30) days after the first to occur, the plat, site Plan or
functional equivalent) receives final approval from the local governing_ body.
This option shall be subject to specific School Board approval.
4. Pay for one of the following:
(il Additions to the school(s) located within the Primarily impacted
CSA(s) or in CSA(s) located immediately adjacent to the
primarily impacted CSA(s), as found in the current Adopted
Five -Year DEFP plus the cost of the land acquisition, if any, for
school sites as determined and published annually in the
Adopted Five -Year DEFP or pay the project cost amount
deemed necessary in advance of the time set forth in the
Adopted Five -Yeas DEFP. The costs associated with the
identified mitigation shall be based__ on the estimated cost of the
improvement on the date that the improvement is programmed
for construction. Future costs will be calculated using estimated
values at the time the mitigation is anticipated to commence.
ii Needed permanent capacity irnprovement(s)(e.g. classroom
addition) at the primarily impacted CSA(s) or CSA(s) located
immediately adjacent to the primarily impacted CSA(s) or
provide the number of needed permanent classrooms)
(modular classrooms(s) or similar facility), and the cost of the
, .,.._.._ ..... .
land acquisition, if any, for school sites as determined and
published annually in_the Adopted Five Year DEFP. Modular or
similar approved facilities shall meet the State of Florida and the
School Districts educational facility requirements.
Unless otherwise agreed to by the School Board, payment. of he total amount
due for 4(i) or 4(ii) above, shall be made no later than one year after the plat,
site plan (or functional equivalent) receives final approval from the local
governing body. This option shall be subject to specific School Board approval.
5. Allow proportionate share mitigation funding to be utilized at a charter school,
which at a minimum meets all of the following_ criteria:
a. The charter school or charter school system is owned by a municipal
government.
b. The charter school or charter school system_ has been in operation
for a minimum of five vears.
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C. The charter school or charter school s st m provides a -comi2lete
grade configuration for at least a primary learning center,
elementary, middle or high school education.
d. The charter school is located within two miles of the proposed
development or within the CSA of the impacted public schools .
e. The charter school is built consistent with the state Rules for
Educational facilities (SREF) which is contained within the Florida
Building Code.
Adopt the same LOS contained in the Amended Agreement.
g Adopt the Florida Department of Education (DOE)design criteria
formulas to calculate student capacity.
h. Enroll student population at a 100% of the charter schools contract
capacity.
Funding received shall be used pursuant to Section 1013.62, Florida
Statutes.
This option shall be subject to specific School Board approval.. _ If the School
Board rejects a proposed proportionate share mitigation funding offer at a
charter school, the Board shall provide its reasoning for the refusal.
6. Other mitigation options may be proposed by an applicant and shall be
subject to specific School Board approval. The timef came for payment of the
total amount due or the provision of the specific proportionate share mitigation
shall be as agreed to by the School Board and contained in. the binding
Agreement.
b In no circumstance shall the total amount committed to pay for permanent
classroom additions or any of the listed mitigation options be less _than the school
impact fees due for the units as calculated based on the adopted school iml2act fee
schedule specified in the BCLDC and due for the units as of the effective date of
the application for building permit. The school impact fee due for the project shall
be considered included in the total proportionate_ share mitigation amount due or
paid, and shall be credited toward the payment of the school impact fee. Specifics
regarding the payment of the proportionate share mitigation _shall be included
within the binding agreement.
O In exchange for payment towards the provision of student stations to equate full
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classrooms , payment for the construction of a public school facility, or dedication
of school site(s), the School District will establish a mitigation bank for the
Developer, which would address credits for 12ermanent school capacity in excess of
what is reauired to serve the proposed residential development. In such scenario,
the Developer will have the right to sell credits within the affected CSA or adjacent
CSA for the excess permanent capacity, up n receiving approval from the School
District. Upon granting of such approval, the District shall send written notice to
the Developer, with copy_ to Browar_d County and the Local Government_ issuing
the development order or functional equivalent for the 12r9ject. Details concernin
excess permanent ca aci derived from paid 42roportionate share mitigation shall
be addressed in the LDRs and in School Board Policy 1161.
An applicant may request a refund for monies paid (i) if the proposed
development is not constructed in any part, or ii the plat or site plan (or
functional equivalent) approval expires and the approval has not been extended,
and (iii) the monies have not been committed or used by the District to defray the
school impacts originally anticipated to occur as a result of the proposed
. _mitigation credit has been
development, an(iv) none of the proportionateshare ._
sold or transferred to subsequent Developer(s).
8.16 Formula for the Calculation of Proportionate Share Mitigation Options
(a� The general formulas to calculate each 12roi2ortionate share mitigation are as
delineated below.
1 If a Developer elects the Dedication of School Sites option, the need for land
shall be as delineated below.
0i) Dedication of School Sites
Specific language regarding the thresholds that would trigger
the need for school site(s) generated by a residential
development shall be as stated in School Board Policy 1161.
Mitigation based on the provision of school sites shall be based on the
appraised value of the land measured against the cost ,per student station value
amount due for the students generated.
2. Project cost for construction of schools or additions to schools located
immediate) adacent to the primarily im42acted CSA s as found in the current
adopted District Educational Facilities Plan.
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The formula regarding the above option shall at th minimum be based on
estimated cost of the improvement on the date that the improvement is
programmed for construction as Provided in Subsection 8.7.5(a)(2) of this
Amended Agreement.
3. Provision of Modular Classroom
Specific language regarding the number of elementary- middle and high school
students that constitute a classroom shall be as stated in School Board Policy
1.161.
A Mitigation contribution provided b a Develo er to offset the impact of a
residential development must be directed by the School Board toward a permanent
school capacity roject identified in the first three years of the School District's
adopted Five -Year DEFP, or as appropriate, scheduled as a new project in the first
three years of the adopted Five -Year DEFP. If the School Board accepts
proportionate share mitigation based on the latter, the Board shall amend the
adopted Five -Year DEFP to include the 12roportionate share amount or value of the
mitigation. Capacity ro ects identified within the first three 3 ears of the Five -
Year Capital Facility Plan shall. be considered as cornmitt d in accordance with the
pertinent Sections of this Amended Agreement.
(c� If capacity projects are Planned in years four (4) or five () of the School _Board's
adopted Five -Year DEFP within the same CSA as the proposed residential
development, and if the School Board agrees, __the Developer may payhis
proportionate share to advance the improvement into the first three years of the
adopted Five -Year DEFP to mitigate the 12rol2osed development in accordance with
the formula provided herein.
Ld I Guidelines for the expenditure of proportionate share mitigation funds towards
termanent capacity identified in the adopted Five-Year_DEFP, shall be as follows;
1. The School Board, shall utilize monies paid by a1212licants, to provide needed
permanent cal2acity at those schools identified in the District's development
review retort as being impacted by the development.
2. If site constraints or other feasibilitv issues make it impracticable for the School
Board to provide the needed permanent capacity at the affected school(s) as
delineated above, as feasible, the School Board will make efforts to trovide the
needed capacity at school(s) located immediately adjacent _tothe primarily
impacted CSA(s) as found in the current Adopted Five -Year DEFP (s,_ thus
relieving overcrowding -at the primary identified impacted school(s).
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3. If disbursement of the mitigation funds is not possible as outlined above the
funds will be spent in the applicable school impact fee service area delineated
in the adopted BCLDC in a manner that ensures that the impact of the
development is still addressed at the primary affected CSA or an adjacent CSA.
8.17 Appeal Process
A Developer _or -Local Government receiving a SCAD Letter that indicates permanent
cayaciiy is not available may implement the applicable process outlined below.
(a� A Developer adversely impacted by a SCAD Letter made as a part of the public
school concurrency process may appeal such determination by written request to
the School Board.
If the School Board rules in favor of the Developer, School District staff shall issue
a subsequent SCAD Letter based on the decision of the School Board. If the School
Board does not rule in favor of the Developer or upholds the decision of District
staff, the Developer may elect to pursue other appropriate measures.
Oc A Developer adversely impacted by a non -acceptance of proposed 1roportionate
share mitigation made as a part of the public school concurrency process may elect
to pursue other appropriate measures.
(d) A Developer -adversely impacted by a Local Government decision made as a part
of the 12ublic school concurrency process may a ea1 such decision using the
rocess identified in the Local Government's regLilations for appeal of
development orders.
(e) A Local Government adversely impacted by a SCAD Letter made as a part of the
ublic school concurrency rocess may initiate the process outlined in Subsection
10.1(a) of this Amended Agreement. If the issue cannot be resolved, the Local
Government may appeal such determination to the School Board. If the Local
Government is not satisfied with the decision of the School Board the Local
Government or the School Board may seek an advisory opinion_ from the Oversight
Committee. If either the School Board or the Local Government is not satisfied
with the opinion of the Oversight Committee either 12arty may ursue the process
outlined in Subsection 10.1..(bb) of this Amended Agreement.
(f) If the School Board does not accept proportionate share mitigation proposed by as
Local Government and such decision results in a dispute between the entities the
Local Government or the School Board may seek an advisory opinion from the
Oversight Committee. If the Local Government is not satisfied with the opinion of
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Words 4vieken are deletions, and words underlined are additions.
the Oversight Committee either party -may pursue the process outlined in
Subsection 10.1. b of this Amended Agreement.
ARTICLE VHI IX
COLLOCATION AND SHARED USE
gprtinn 9
89.1 Collocation and shared use of facilities are important to both the School Board and local
governments. In accordance with pertinent School Board growth management policy, the
School Board will look for opportunities to collocate and share use of school facilities and
civic facilities when preparing the District Educational Facilities Plan. 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, opportunities for collocation and shared use with public schools
will be considered for libraries, parks, recreation facilities, community centers,
auditoriums, learning centers, museums, performing arts centers, and stadiums. In
addition, collocation and shared use of school and governmental facilities for health care
and social services will be considered.
9.2 To enable the collocation shared use of public school facilities with Local
Government civic facilities the Local Governments shall in January of each year provide
to the Staff Working Grou42 information on Local Governm nt ublic civic facilities
fanned for inclusion in its five-year capital improvements plan that could potentially be
collocated with public school facilities. U12on receipt of the information, the Staff Working
Group shall forward the information to the School District. Also the Local Governments
shall examine the annually submitted School Board's Five -Year Tentative DEFP provided
pursuant to Subsection 4.1 of this Amended Agreement, and include in the written
comments back to the School District information rg%arding the potential public/civic
facilities that could be collocated with planned new schools delineated in the Five -Year
Tentative DEFP. This requirement shall not prevent the Local Government from
providing information on collocation to the Staff Working GrouJ2 through out the calendar
year. Information provided to the Staff Working Group and School District shall at the
minimum include the planned type of ublic facility, acreage and location arcel ma .
Information provided shall be in hard co and electronic copy. Upon receiving such
information the School District shall organize meetings with the sub ect Local
Governments to further pursue -and work towards the collocation of the facilities. The
entities shall notify the Staff Working Group of their efforts towards collocation of the
subject facilities. As 12art of efforts towards the collocation such facilities in Broward
Counjy, the Staff Working Group shall include in all of its me fting agendas, an agenda
item relating to the provision information regarding collocation as stated herein.
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Words striekeare deletions, and words underlined are additions.
Subsequently, the Staff Working Group shall in its report to the Oversight Committee,
advice the Committee of ongoing efforts towards collocationincluding information on
facilities that have been collocated in the calendar year.
8-.29.3 A separate agreement will be developed for each instance of collocation and shared use
which addresses, but is not limited to, legal liability, operating and maintenance costs,
scheduling of use, and facility supervision or any other issues that may arise from
collocation and shared use once constructed.
ARTICLE IX X
RESOLUTION OF DISPUTES
Section 10
91_0.1 If the parties to this Amended Agreement are unable to resolve any issue in which they
may be in disagreement covered in this Amended Agreement, such dispute will be
resolved in the following manner:
(a) First, the disputing parties will meet together through their respective county or
municipal manager or administrator and the Superintendent or their respective
designee;
(b) If the disputing parties are still unable to resolve the dispute, the disputing parties
agree to further attempt to resolve the dispute in accordance with governmental
conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes or
such other processes deemed mutually agreeable and appropriate by the parties
involved.
ARTICLE XI
OVERSIGHT PROCESS
Section 11
1-0.11.1 The School Board, the County and the Municipalities shall each appoint up to five
members to serve on a fifteen (15) member committee to monitor the implementation of
this Amended Agreement. Committee members shall be notified in writing and advised of
the meetings referenced in Article II and shall receive copies of all pertinent reports and
documents produced pursuant to this Amended Agreement. The Superintendent shall
organize and staff the meetings of this Committee, utilizing the Staff Working Group for
assistance as needed. Also, the County and Municipalities shall cooperate_ as needed to
further the work of the Oversight Committee to the extent_ feasible. The Committee shall
appoint a chairperson, meet at least annually to adopt and issue a report to participating
local governments, the School Board, the County and the general public on the
effectiveness with which this Amended Agreement is being implemented. The
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Words striven are deletions, and words underlined are additions.
Chairperson of the Committee shall preside over the meeting and within thirty k30)_days
generate— issue the report stated herein regarding successes and failures regarding
implementation of the interlocal agreement during the preceding calendar year. The
Committee meeting regarding review of the interlocal agreement shall be conducted as a
public meeting advertised to provide opportunity for public participation.
1011.2 For purposes of selecting the five appointed Municipal members, the Municipalities will
appoint the five representatives through a process deemed mutually agreeable and
appropriate by those Municipalities who are a party to this Amended Agreement.
11.3 The Oversi ht Committee shall have the 12owers outlined in Subsections 8.17 e and f of
this Amended Agreement, and as further specified within this Amended_ Agreement.
ARTICLE XII
SPECIAL PROVISIONS
Section 12
12.1 Land Use Authoritv
The School Board, County and Municipalities specifically acknowledge that each Local
Government is responsible for approving or denying comprehensive 121an amendments
and development orders within its own -jurisdiction. Nothing herein represents or
authorizes a transfer of this authority to any other12arty.
ARTICLE X4 XIII
EFFECTIVE DATE AND TERM
Section 13
44.13.1 This Amended Agreement shall become effective upon the signatures of the School Board,
the County and at least seventy-five percent (75%) of the Municipalities which include at
least fifty percent (50%) of the population within Broward Count
force and effeet fer a (5) years from the effeetive date. The joinder by eac
This
Amended Agreement may be earlier- cancelled by mutual agreement of the School Board,
e+ the County er and the respective Municipalities, unless otherwise cancelled as provided
or allowed by law.
IffluFfflni -OM
ow im
r
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ARTICLE X14 XIV
AMENDMENT PROCEDURES
Section 14
14.1 Process_ to Amend the_Interlocal Agreement
The procedures to amend this Amended Agreement shall be as follows:
Ua The Party wishing to amend one or more of the above -listed items shall be the
"Initiating Party." The Initiating Party may be the School Board, County, or
Municipality subject to the requirements of Public school concurrency..
(b) The Staff Working Groun shall review and comment on a Proposed amendment.
jc) The Initiating Party shall submit the proposed amendment to the Staff Working
Group. At the minimum, information submitted shall include:
1. A memorandum outlining the proposed_ amendment;
2. A narrative describinz the nurnose of the nronosed amendment and a
statement regarding the impact of the proposed amendment on the School
Board's Plan and adopted Five -Year DEFP and he Local Government's
Comprehensive Plan and other elements of public school concurrencv
addressed by this Amended Agreement.
3. The memorandum must also include all data and analysis supporting the
proposed amendment.
(d) Within sixty (60) days of receipt of a Proposed amendment from the Initiating
Party, the Staff Working Group shall provide any written comments or objections
to the Initiating Party, the School Board, County, Municipalities and the Oversight
Committee on whether the proposed amendment is consistent with the
Sections 1631nd 16..3187 F.S. The Staff Comprehensive Plan as require v 3.77 a3 .. ........._._..... .........._.__�
Working Group shall indicate in the written comments on whether it consents to
the proposed amendment or, if it does not the reasons for withholding its consent.
The Staff Working Group's recommendation shall be forwarded to the Oversight
Committee who shall meet and make a final recommendation to the School Board,
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Words stricken are deletions, and words underlined are additions.
the County and Municipalities regarding the proposed amendment. In order to
resolve any objections to the proposed amendment, designees of the Initiating
Party may meet and confer with the Staff Working Group prior to the Staff
Working _Group'ssubmission of written comments to the School Board, County
Municipalities and the Oversight Cornrnittee,
Ce) If the Staff Working Group is unable to consent _to_the proposed amendment, the
matter will be forwarded to the Oversight Committee for resolution. If the
Oversight Committee cannot reach_a consensus on the matter, the matter shall be
resolved pursuant to the dispute resolution process set forth in _Article X of this
Amended Agreement.
U The parties agree that no proposed amendment will be implemented without the
consent of the Staff Working _Group, the final recommendation made by the
Oversight Committee, and agreed to by the County and School Board and at least
seventy -five -percent (75%) of the Municipalities which include at least fifty percent
(50%)of the population within Broward County. Where the consent of the
necessary parties is not obtained, no proposed amendment will be implemented
unless it is determined to be appropriate through the dispute resolution process set
forth in Article X of this Amended Agreement.
(g) The parties agree that, once a proposed amendment has the required consent of
each of the necessary signatories to the Amended Agreement or is determined to
be appropriate through dispute resolution, each party will undertake work
program, Comprehensive Plan, and regulatory changes necessary to effectuate the
amendment.
ARTICLE X-9 XV
MISCELLANEOUS
Section -1215
1215.1 Entire Agreement
This Amended Agreement constitutes the entire agreement and understanding between
the parties, and supersedes all other agreements concerning the subject matter contained
herein. Any amendments to this Amended Agreement shall be in writing and executed by
each respective party. Notwithstanding the foregoing, the parties hereto agree and
acknowledge that this Amended Agreement is not intended to usurp or modify the
authority, rights, or obligations of the School Board, County or Municipalities as such may
be provided elsewhere by law.
1415.2 Severability
If any one or more of the provisions contained in this Amended Agreement shall for any
reason be held invalid, illegal, unlawful, void or unenforceable with respect to any party
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Words stricken are deletions, and words underlined are additions.
hereto, the remainder of this Amended Agreement or the application of such provisions to
a party other than those to whom is held invalid, illegal, unlawful, void or unenforceable,
shall not be affected and each provision of this Amended Agreement shall be valid and
enforceable to the fullest extent permitted by law as if such invalid, illegal unlawful,
unenforceable or void provision had never been included herein.
1215.3 Notices.
All notices or other communications (other than notices for meetings as provided for
elsewhere in this Amended Agreement) which shall or may be given pursuant to this
Amended Agreement shall be in writing and shall be delivered by personal service or by
certified mail. addressed to the parties at their respective addresses as specified in Exhibit
"A", attached hereto and made a part hereof. Any party may from time to time designate
any other address for this purpose by written notice to the parties hereto. 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.
1415.4 Governing Law
This Amended Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Any controversies or legal problems arising
out of this Amended Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida.
1215.5 Headings
The captions, section numbers, article numbers, title and headings appearing in this
Amended Agreement are inserted only for convenience and in no way define, limit,
construe or describe the scope or intent of such articles or sections of this Amended
Agreement, nor in any way effect this Amended Agreement and shall not be construed to
create a conflict with the provisions of this Amended Agreement.
4215.6 Counterparts
This Amended Agreement may be executed in counterparts, each of which shall. be
deemed an original.
1215.7 Supplementary Agreements
All parties to this Amended Agreement stipulate that the School Board may enter into
Supplementary Agreements with individual municipalities to address individual
circumstances. Any such Supplementary Agreement shall not be inconsistent with this
Amended Agreement.
4215.8 Authority
Each person signing this Amended Agreement on behalf of either party individually
warrants that he or she has full legal power to execute this Amended Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Amended Agreement.
-41 -
Words stricken are deletions, and words underlined are additions.
-1215.9 Indemnification
Each party agrees to be fully responsible for its acts of negligence or its agent's acts of
negligence when acting within the scope of their employment and agrees to be liable for
any damages resulting from said negligence.
1-115.10No Waiver of Sovereign Immunit
Nothing contained in this Amended Agreement is intended to serve as a waiver of
sovereign immunity by any agency to which sovereign immunity may be applicable.
1215.11No 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 Amended. Agreement.
None of the parties intend to directly or substantially benefit a third party by this
Amended Agreement. The parties agree that there are no third party beneficiaries to this
Amended Agreement and that no third party shall be entitled to assert a claim against any
of the parties based upon this Amended 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.
-1215.12Non-Discrimination
The parties shall not discriminate against any employee or participant in the performance
of the duties, responsibilities and obligations under this Amended Agreement because of
race, age, religion, color, gender, national origin, marital status, disability or sexual
orientation.
1-215.13Records
Each party shall maintain its own respective records and documents associated with this
Amended Agreement in accordance with the records retention requirements applicable to
public records. Each party shall be responsible for compliance with any public documents
request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant
award of attorney's fees for non-compliance with that law.
IN WITNESS WHEREOF, this Amended Interlocal Agreement has been executed on the
respective dates under each signature by and on behalf of Broward County, each of the respective
Municipalities and the School Board of Broward County, Florida on this day of
2008.
[REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURE
PAGES FOLLOW.]
-42-
Words err are deletions, and words underlined are additions.
Signature Pages
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
By
Robin Bartleman, School Board Chair
ATTEST:
James F. Notter, Superintendent
Of Schools
(CORPORATE SEAL)
State of Florida, Broward County
WITNESS my hand and official seal this
Print Name
My Commission Expires:
Approved as to form:
Witness as to all. Signatories
Print Name
Witness as to all Signatories
Print Name
day of A.D. 2008
(AFFIX NOTARY SEAL)
Edward J. Marko, School Board Attorney
- 43 -
Words stricken are deletions, and words underlined are additions.
BROWARD COUNTY through its Mayor, authorized to execute same by Board action on the
day of , 2008.
ATTEST:
BROWARD COUNTY, by and through its
BOARD OF COUNTY COMMISSIONERS
M
Broward County Administrator, as Lois Wexler, Mayor
Ex-officio Clerk of the Broward
County Board of County Commissioners
Day of 2008.
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Un
Assistant County Attorney
-44-
Words stricken are deletions, and words underlined are additions.
CITY OF COCONUT CREEK through its Mayor, authorized to execute same by Commission
action on the —day of , 2008.
(CITY SEAL)
I_110096410
LIN
Barbara S. Price, CMC
City Clerk
APPROVED AS TO LEGAL FORM:
M
31
CITY ATTORNEY
CITY OF COCONUT CREEK
a Florida municipal corporation
By:
John P. Kelly, City Manager
- 45
Words 44dien are deletions, and words underlined are additions.
CITY OF COOPER CITY through. its Mayor, authorized to execute same by Commission action
on the -day of , 2008.
ATTEST:
Susan Bernard, City Clerk
CITY OF COOPER CITY, FLORIDA
In
Debbie Eisinger, Mayor
Day of 2008.
APPORVED AS TO FORM:
0
Alan Francis Ruf, City Attorney
-46-
Words striehen are deletions, and words underlined are additions.
CITY OF CORAL SPRINGS through its Mayor, authorized to execute same by Commission
action on the _day of , 2008.
ATTEST:
CITY OF CORAL SPRINGS, a
Municipal corporation organized
and existing under the laws of
the State of Florida
In
Scott). Brook, Mayor
Day of 2008
APPROVED AS TO FORM:
By:
Peter Richardson, City Clerk Samuel S. Goren, City Attorney
- 47
Words striekerc are deletions, and words underlined are additions.
CITY OF DANIA BEACH through its Mayor, authorized to execute same by Commission action
on the _day of , 2008.
ATTEST:
CITY OF DANIA BEACH,
a Florida municipal corporation
BY:
Louise Stilson Robert Anton
CITY CLERK MAYOR -COMMISSIONER
APPROVED FOR FORM
AND CORRECTNESS:
LIZU
Thomas J. Ansbro, Esquire
CITY ATTORNEY
Ivan Pato
CITY MANAGER
-48-
Words strickeare deletions, and words underlined are additions.
TOWN OF DAVIE through its Mayor, authorized to execute same by Council action on the
day of , 2008.
TOWN OF DAVIE, FLORIDA
WITNESSES:
ATTEST:
Town Clerk
in
Mayor/Councilmember
Town Administrator
APPROVED AS TO FORM:
BE
Town Attorney
-49-
Wo:rds 44en axe deletions, and words underlined are additions.
CITY OF DEERFIELD BEACH through its Mayor, authorized to execute same by Commission
action on the _day of , 2008.
CITY OF DEERFIELD BEACH, FLORIDA
Mayor
Attest
City Clerk
-50-
Words ar-ir-1CerR are deletions, and words underlined are additions.
CITY OF FORT LAUDERDALE through its Mayor, authorized to execute same by Commission
action on the .day of , 2008.
WITNESSES:
(CORPORATE SEAL)
STATE OF FLORIDA:
COUNTY OF BROWARD
CITY OF FORT LAUDERDALE
By:
Mayor
By:
City Manager
ATTEST:
LIN
City Clerk
Approved as to form:
By:
City Attorney
The foregoing instrument was acknowledged before me this 2008, by JIM
NAUGLE, Mayor of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida. He
is personally known to me and did take an oath.
(SEAL) By:
Notary Public, State of Florida
STATE OF FLORIDA:
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 2008, by George
Gretsas, City Manager of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida.
He is personally known to me and did take an oath.
(SEAL)
Notary Public, State of Florida
-51-
Words stfieken are deletions, and words underlined are additions.
CITY OF HALLANDALE BEACH through its Mayor, authorized to execute same by
Commission action on the ._day of J 2008.
ATTEST:
CITY OF HALLANDALE BEACH, FLORIDA
By: By:
E. DENT MCGOUGH, CITY CLERK MAYOR JOY COOPER
APPROVED AS TO FORM:
DAVID JOVE, CITY ATTORNEY
-52-
Words stamen are deletions, and words underlined are additions.
CITY OF HOLLYWOOD through its Mayor, authorized to execute same by Commission action
on the _day of 2008.
Attest:
W
CITY OF HOLLYWOOD, FLORIDA
.'
Patricia A. Cerny, MMC Mara Giulianti, Mayor
City Clerk
Approved as to form and legality
For the use and reliance of the
City of Hollywood, Florida, only.
W-'
Daniel L. Abbot, City Attorney
-53-
Words str-i dieRare deletions, and words underlined are additions.
CITY OF LAUDERDALE LAKES through its Mayor, authorized to execute same by Commission
action on the _day of 2008.
CITY OF LAUDERDALE LAKES
By:
ATTEST:
In
HAZELINE F. CARSON, CITY CLERK
Signed, sealed and delivered in
The presence of:
Witness Signature
Printed Name
Witness Signature
Printed Name
SAMUEL S. BROWN, MAYOR
-54-
Words strick are deletions, and words underlined are additions.
CITY OF LAUDERHILL through its Mayor, authorized to execute same by Commission action
on the day of , 2008.
CITY OF LAUDERHILL, FLORIDA
In
Mayor Richard Kaplan
ATTEST
(Seal)
City Clerk Judith Higgins
-55-
Words stricken are deletions, and words underlined are additions.
CITY OF LAZY LAKE through its Mayor, authorized to execute same by Council action on the
day of 2008.
WITNESSES:
ATTEST:
In
City Clerk
CITY OF LAZY LAKE
M
Mayor -Commissioner
Day of 2008.
City Manager
Day of 2008.
APPROVED AS TO FORM:
RE
City Attorney
-56-
Words str-iekezi are deletions, and words underlined are additions.
CITY OF MARGATE through its Mayor, authorized to execute same by Commission action on
the day of 2008.
ATTEST:
CITY OF MARGATE, FLORIDA
By: lay•
CITY CLERK JUDITH A. KILGORE MAYOR
APPROVED AS TO FORM:
0
EUGENE M. STEINFELD
CITY ATTORNEY
In
FRANK PORCELLA
CITY MANAGER
-57-
Words stricken are deletions, and words underlined are additions.
CITY OF MIRAMAR through its Mayor, authorized to execute same by Commission action on
the day of , 2008.
WITNESSES:
ATTEST:
(CORPORATE, SEAL)
CITY OF MIRAMAR
I"YA
City Clerk City Manager
Day of 2008.
APPROVED AS TO FORM:
I:1'ii
City Attorney
-58-
Words stricken are deletions, and words underlined are additions.
CITY OF NORTH LAUDERDALE through its Mayor, authorized to execute same by
Commission action on the _day of , 2008.
ATTEST:
In
CITY OF NORTH LAUDERDALE, a
Florida municipal corporation
In
Richard D. Sala, City Manager
APPROVED AS TO FORM:
By:
C. Milli Dyer, City Clerk Samuel S. Goren, City Attorney
-59-
Words striceare deletions, and words underlined are additions.
CITY OF OAKLAND PARK through its Mayor, authorized to execute same by Commission
action on the _day of , 2008.
ATTEST:
In
CITY OF OAKLAND PARK
a Florida municipal corporation
0
STEVE R. ARNST, MAYOR
NANCY I. BALL RICHTER, CMC, CITY CLERK
APPROVED AS TO FORM:
By:
DONALD J. DOODY, CITY ATTORNEY
-60-
Words semen are deletions, and words underlined are additions.
CITY OF PARKLAND through its Mayor, authorized to execute same by Commission action on
the day of 2008.
WITNESSES:
By:
ATTEST:
By:
City Cleric
(CORPORATE SEAL)
CITY OF PARKLAND
By:
0
Mayor MICHAEL UDINE
Day of 2008.
City Manager Caryn Gardner -Young
Day of 2008.
APPROVED AS TO FORM:
City Attorney Andrew Maurodis
-61-
Words been are deletions, and words underlined are additions.
CITY OF PEMBROKE PARK through its Mayor, authorized to execute same by Commission
action on the _day of 2008.
CITY OIL PEMBROKE PARK
ATTEST:
in
Howard P. Clark, Jr.
Clerk Commissioner
John P. Lyons
Mayor -Commissioner
-62-
Words stricken are deletions, and words underlined are additions.
CITY OF PEMBROKE PINES through its Mayor, authorized to execute same by Commission
action on the _day of _ 2008.
ATTEST:
CITY OF PEMBROKE PINES, FLORIDA
M
JUDITH NEUGENT, CITY CLERK MAYOR FRANK C. ORTIS
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
- 63 -
Words stricken are deletions, and words underlined are additions.
CITY OF PLANTATION through its Mayor, authorized to execute same by Council action on the
day of 2008.
Signed, sealed and delivered in the presence of:
0
Susan Slattey, City Clerk
By:
Witness:
Typed Name of Witness
Witness:
Typed Name of Witness
CITY OF PLANTATION
Rae Carole Armstrong, Mayor
As to legal form:
Donald J. Lunny, Jr.
City Attorney
-64-
Words stricken are deletions, and words underlined are additions.
CITY OF POMPANO BEACH through its Mayor, authorized to execute same by Commission
action on the _day of , 2008.
Witness: CITY OF POMPANO BEACH
By: By:
Signature Mayor
In
Signature
Attest:
By:
MARY L. CHAMBERS
CITY CLERK
Approved As to Form:
By:
GORDON B. LINN
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
GARLAND KEITH CHADWELL
CITY MANAGER
(SEAL)
The foregoing instrument was acknowledged before me this day of 2008,
by as Mayor of the City of Pompano Beach, Florida, a municipal
corporation, on behalf of the municipal corporation, who is personally known to me.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
-65-
Words strieken are deletions, and words underlined are additions.
TOWN OF SOUTHWEST RANCHES through its Mayor, authorized to execute same by Council
action on the _day of , 2008.
ATTEST:
in
TOWN OF SOUTHWEST RANCHES, FLORIDA
as
SUSAN A. OWENS, TOWN CLERK
MECCA FINK, MAYOR
APPROVED AS TO FORM AND CORRECTNESS
In
GARY A. POLIAKOFF, TOWN ATTORNEY
-66-
Words stricken are deletions, and words underlined are additions.
CITY OF SUNRISE through its Mayor, authorized to execute same by Commission action on the
day of , 2008.
AUTHENTICATION:
Felicia M. Bravo, City Clerk
(SEAL)
Approved as to Form and Legal Sufficiency
Office of the City Attorney, Sunrise, Florida.
Kimberly A. Register, City Attorney
10770 West Oakland Park Boulevard
Sunrise, FL 33351
Telephone: (954) 746-3300
Ilord
Kimberly A. Register
CITY OF SUNRISE, FLORIDA
Steven B. Feren, Mayor
This day of 2008.
-67-
Words striekeare deletions, and words underlined are additions.
CITY OF TAMARAC through its Mayor, authorized to execute same by Commission action on
the A'day of 2008.
ATTEST:
Marion Swenson, CMC
Date:���
CITY OF TAMARAC
By: ° r llv
Beth Flansbaum-Talabisco, Mayor
Date:
Je�i`. Miller, City Manager
Date:
Approved as to form and legal
Sufficiency:
B
�amuel S. Goren, City Attorney
-68-
Words stricken are deletions, and words underlined are additions.
CITY OF TAMARAC through its Mayor, authorized to execute same by Commission action on
the .-) -day of t t: 2008.
ATTEST:
By: '" )XX
Marion Swenson, CMC
Date:1�[
CITY OF TAMARAC
By:
"—' I
Beth Flansbaum-Talabisco, Mayor
Date: 43 Li?
By:
Jeffr L. Miller, City Manager
Date: `//J 3/c. I
Approved as to form and legal
Sufficiency:
`—IamuW S. Goren, City Attorney
4:
-68-
Words stricken are deletions, and words underlined are additions.
CITY OF TAMARAC through its Mayor, authorized to execute same by Commission action on
the a;-aay of r L 2008.
ATTEST:
By: A 4- 1-...y) e ,tjr,�.,.
Marion Swenson, CMC
Date:
CITY OF TAMARAC
i
By.
Beth Flansbaum-Talabisco, Mayor)
Date: �3
By:
Jeffrey L. Miller, City Manager
Date: V/_2 j/cs
Approved as to form and legal
Sufficiency:
4-ctamel
13�S. Goren, City Attorney
- 68 -
Words strickeii are deletions, and words underlined are additions.
CITY OF TAMARAC through its Mayor, authorized to execute same by Commission action on
the'J'Y ay of 2008.
ATTEST:
Marion Swenson, CMC
Date: yZC —2 ►lc )
CITY OF TAMARAC
By: )�A
Beth Flansbaum-Talabisco, Mayor
Date: �/6L�3 Lo F
By:
Jeffrey L. Miller, City Manager
Date: 411--� 31G i
Approved as to form and legal
Sufficiency:
S. Goren, City Attorney
-68-
Words strickezi are deletions, and words underlined are additions.
CITY OF WESTON through its Mayor, authorized to execute same by Commission action on the
day of 2008.
ATTEST:
Patricia A. Bates, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
IM
CITY OF WESTON, through its
City Commission
a
IMA
Eric M. Hersh, Mayor
day of , 2008.
John R. Flint, City Manager
day of 2008.
Jamie Alan Cole, City Attorney (CITY SEAL)
day of 2008.
-69-
Words stricken are deletions, and words underlined are additions.
CITY OF WEST PARK through its Mayor, authorized to execute same by Commission action on
the day of , 2008.
CITY OF WEST PARK, through its
City Commission
ATTEST:
LIM
Esther Coulson, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of West Park only:
Eric H. Jones, Jr., Mayor
day of 2008.
Russell Benford, City Administrator
day of , 2008.
Burnadette Norris -Weeks, City Attorney (CITY SEAL)
day of 2008.
-70-
Words sArAceR are deletions, and words underlined are additions.
CITY OF WILTON MANORS through its Mayor, authorized to execute same by Council action
on the _day of , 2008.
CITY OF WILTON MANORS, FLORIDA
DONALD NEWTON, MAYOR
ATTEST:
ANGELA D. SCOTT, CMC/AAE
CITY CLERK
APPROVED AS TO FORM:
Bv:
KERRY EZROL
CITY ATTORNEY
-71 -
Words stricken are deletions, and words underlined are additions.
EXHIBIT "A"
ADDRESS AND NOTICE. LIST
Superintendent of Schools
The School Board of Broward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301.
Broward County Office of Urban Planning and Redevelopment Department
Broward County, Florida
218 South West 111 Avenue
Fort Lauderdale, Florida 33301
City Manager
City of Coconut Creek
4800 West Copans Road
Coconut Creek, FL 33063
City Manager
City of Cooper City
9090 SW 50th Place
Cooper City, FL 33329
City Manager
City of Coral Springs
9530 West Sample Road
Coral Springs, FL 33065
City Manager
City of Dania Beach
100 West Beach Boulevard
Dania Beach, FL 33004
Town Administrator
Town of Davie
6591 Orange Drive
Davie, FL 33314
City Manager
City of Deerfield Beach
150 N.E. 2nd Avenue
Deerfield Beach, FL 33441-3598
-72-
Words-Arieken are deletions, and words underlined are additions.
City Manager
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, FL 33301
City Manager
City of Hallandale Beach
400 South Federal Highway
Hallandale Beach, FL 33009
City Manager
City of Hollywood
2600 Hollywood Boulevard
Hollywood, FL 33022
City Manager
City of Lauderdale Lakes
4300 N. W. 36 Street
Lauderdale Lakes, FL 33319
City Manager
City of Lauderhill
3800 Inverrary Boulevard
Lauderhill, FL 33319
Richard Coker
Lazy Lake City Attorney
644 SE 5th Avenue
Fort Lauderdale, FL 33301
City Manager
City of Margate
5790 Margate Boulevard
Margate, FL 33063
City Manager
City of Miramar
2300 Civic Center Place
Miramar, FL 33025
- 73 -
Words striekert are deletions, and words underlined are additions.
City Manager
City of North Lauderdale
701 S.W. 71 Avenue
North Lauderdale, FL 33068
City Manager
City of Oakland Park
3650 N. F. 12th Avenue
Oakland Park, FL 33334
City Manager
City of Parkland
6600 University Drive
Parkland, FL 33067
Town Manager
Town of Pembroke Park
3150 SW 52nd Avenue
Pembroke Park, FL 33023
City Manager
City of Pembroke Pines
10100 Pines Boulevard
Pembroke Pines, FL 33026-3900
Mayor
City of Plantation
400 N. W. 73 Avenue
Plantation, FL 33317
City Manager
City of Pompano Beach
100 West Atlantic Boulevard
Pompano Beach, FL 33060
Town Administrator
Town of Southwest Ranches
6555 Nova Drive, Suite 305
Fort Lauderdale, FL 33317
with a copy to: Gary A. Poliakoff, Town Attorney
3111 Stirling Road
Fort Lauderdale, FL 33312
-74-
Words stake are deletions, and words underlined are additions.
City Manager
City of Sunrise
10770 West Oakland Park Blvd.
Sunrise, FL 33351
City Manager
City of Tamarac
7525 N. W. 88 Avenue
Tamarac, FL 33321-2401
City Manager
City of Weston
1.7200 Royal Palm Boulevard
Weston, FL 33326
City Administrator
City of West Park
PO Box 5710
Hollywood, FL 33083-5710
City Manager
City of Wilton Manors
524 NE 21st Court
Wilton Manors, FL 33305
Staff Working Group Member
The School Board of Broward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
Staff Working Group Member
Broward CoLinty Office of Urban Planning and Redevelopment Department
218 South West 15t Avenue
Fort Lauderdale, Florida 33301
Staff Working Group Member
City of Coconut Creek
4800 West Copans Road
Coconut Creek, FL 33063
- 75 -
Words stricken are deletions, and words underlined are additions.
Staff Working Group Member
City of Cooper City
9090 SW 50th Place
Cooper City, FL 33329
Staff Workin�Group Member
City of Coral Springs
9530 West Sample Road
Coral _Spzings, FL 33065
Staff Working Group Member
City of Dania Beach
100 West Beach Boulevard
Dania Beach, FL 33004
Staff Working Group Member
Town of Davie
6591 Orange Drive
Davie, FL 33311
Staff Working Group Member
City of Deerfield Beach
150 N.E. 2nd Avenue
Deerfield Beach, FL 33441-3598
Staff Working Group Member
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale FL 33301
Staff Working Group Member
City of Hallandale Beach
400 South Federal Highway
Hallandale, FL 33009
Staff Working,Group Member
City of Hollywood
2600 Hollywood Boulevard
Hollywood, FL 33022
Staff Working Group Member
City of Lauderdale Lakes
4300 N. W. 36 Street
Lauderdale Lakes, --FL 33319
-76-
Words stfieken are deletions, and words underlined are additions.
Staff Working Group Member
City of Lauderhill
3800 Inverrary Boulevard
Lauderhill, FL 33319
Staff Working Group Member
Lazy Lake City Attorney
644 SE 5th Avenue
Fort Lauderdale FL 33301
Staff Working Group Member
City of Margate
5790 Margate Boulevard
Mar ate FL 33063
Staff Working Group Member
City of Miramar
2200 Civic Center Place
Miramar, FL 33025
Staff Working Group Member
City of North Lauderdale
701 S.W. 71 Avenue
North Lauderdale, FL 33068
Staff Working Group Member
City of Oakland Park
3650 N. E. 12th Avenue
Oakland Park, FL_33334
Staff Working Group Member
City of Parkland
6600 University Drive
Parkland, FL 33067
Staff Working Group Member
Town of Pembroke Park
3150 SW 52na Avenue
Pembroke Park, FL 33023
Staff Working Group Member
City of Pembroke Pines
10100 Pines Boulevard
Pembroke Pines, FL 33026-3900
-77-
Words strieken are deletions, and words underlined are additions.
Staff Working Group Member
City of Plantation
400 N. W. 73 Avenue
Plantation FL 33317
Staff Working Group Member
City of Pom ano Beach
100 West Atlantic Boulevard
Pompano Beach, FL 33060
Staff_ Working Group Member
Town of Southwest Ranches
6555 Nova Drive, Suite 305
Fort Lauderdale, FL 33317
Staff Working Grouj2 Member
City of Sunrise
10770 West Oakland Park Blvd.
Sunrise, FL 33351
Staff Working Group Member
City of Tamarac
7525 N. W. 88 Avenue
Tamarac, FL 33321-2401
Staff Working Group Member
City of Weston
17200 Royal Palm Boulevard
Weston, FL 33326
Staff Working Group Member
City of West Park
PO Box 5710
Hollywood, FL 33083-5710
Staff. Working Group Member
City of Wilton Manors
524 NE 21st Court
Wilton Manors, FL 33305
-78-
Words stricken are deletions, and words underlined are additions.
APPENDIX A -DEFINITIONS
For purposes of this Appendix, the following terms, phrases, words and their derivation shall
have the meanings given herein when not inconsistent with the text. Words used in the
present tense include the future tense, words in the plural number include the singular
number and words in the singular „number include the plural number. The word "'shall" is
mandatary and_the word "may" is permissive.
a. Adjacent School Service Areas: Effective school boundaries located next to each
other, which touches along one side and not only at a point of the outside boundary.
b. Capital Improvements Element: The 12art of a Comprehensive Plan that outlines
principles for construction, extension, or increase in capacity of public facilities, as well as a
component which outlines principles for correcting existing public facility deficiencies, which are
necessary to implement the comprehensive plan.
C. Charter School: An alternative 12ublic school authorized 12ursuant to Section 1002.33
Florida Statutes. The school is built to meet the State„ Requirements for Educational Facilities
standards when used as a Proportionate Share Mitigation Option and is operated by a not -for -
profit entity, under a charter with the local school district.
d. = „ oncurrency Service Areas: For purpose of this Amended Agreement
e sole
"concurrency service areas shall mean the geographic area or effective school boundary for each
school level where public school concurrence LOS standard will be measured_ when_ an
application for residential development is reviewed for public school concurrencey purposes.
e. Comprehensive Plan: -----A legal document, or series of documents, required by
Florida _ Law (Sections 163.3177 an163.31 78 Florida Statutes, as amended) to be adopted by Local
_„
Governments. The plan should consist of materials in such descriptive form written or graphic,
as may be appropriate to the prescription_ of principles, guidelines, and standards for the orderly
and balanced future economic, social, physical,__ environmental, and fiscal development of the
jurisdiction. Each comprehensive plan must contain several. "elements" that address key issues
such as land use, capital improvements, public school facilities, traffic circulation, sewer and solid
waste, potable water, housing, and intergovernmental coordination.
f. Consistency: Compatible with and furthering the goals, objectives and policies of
the Comprehensive Plan Elements and this Amended Agreement. See Section 163.3194, Florida
Statutes as amended.
g__ _ Core Facilities: The media center, cafeteria, gymnasium, toilet facilities and
circulation_ space of an educational facility.
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h. Cost per Student Station or Student Station Cost Factors: The statewide average
construction costs for facilities serving each instructional level for relocatable educational
facilities for administrative facilities and for ancillary and auxiliary facilities as computed
annually by the Florida Department of Education as defined in Section 1013.64 Florida Statutes
as amended.
i. Declaration of Restrictive Covenant: The binding agreement that is executed and
filed against a property by its property owner that addresses the proportionate_ share mitigation
approved by the School Board and recorded in Broward County public records.
Developer: ALiy person or legal entity, including a governmental agency, submitting —An
application to engage in land development._
k. Development Order: Any order granting, denying, or granting with conditions
an application for a development permit, as provided in Section 163.3164 7 Florida Statutes as
amended.
1. Development Permit: As provided in Section 163.316 8 Florida Statutes as
amended includes any building ermit subdivision approval, zoning,rezoning, certification
sl2ecial exception, variance or any other official action of local government having the effect of
permitting the development of land.
M. District Educational Facilities Plan: The comprehensive planning document
prepared annually by the District and submitted to the Office of Educational Facilities and
SMART Schools Clearinghouse and the affected local governments, as defined in Section 1013.31
Florida Statutes as amended.
n. Dwelling: A house apartment —or condominium unit trailer,group of rooms or -
single room intended for occupancy as separate living quarters with direct access from the
outside of the building or through a common hall and with complete kitchen facilities for the
exclusive use of the occupants, including_ rental units contained in a multi -unit structure or
complex which are licensed by the State Department of Business Regulation, Division of Hotels
and Restaurants as "a artments" and "rental condominiums".
o Educational Facility: The buildings and equipment, _ structures, and sl2ecial
educational use areas that are built installed or established to serve primarily the educational
purposes and secondarily the social and recreational purposes of the community, as defined in
Section 1013.01, Florida Statutes, as amended.
P. Exempt Local Government: Pursuant to Section 163.3177 12 b Florida Statutes as
amended a Municipalft that is not required to participate in public school concurrency due to
meeting all the requirements for having no significant impact on public school attendance.
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q. Finding of Adequacy: A determination by the applicable Local Governments) that
an a1212lication is in compliance with the applicable standards and minimum requirements of
Chapter 5 Article IX Division 1 Broward County Land Development Code, as amended.
r. Flexibility Units: Those residential units which ma be redistributed within specific
geograa-hic areas through the local plan amendment process and the Broward County Plannin
Council recertification process as further defined within the Administrative Rules Document:
Broward County Land Use Plan.
S. Florida Inventory of School Housing (FISH): The numbering system used by the
Department of Education for parcels, buildings, and rooms in public educational_ facilities or as
further defined in Section 6A-2.0111 Florida Administrative Code as amended.
t. Full -Time Equivalent FTE Student Count — Fall Semester: A fall semester count of
all "full-time equivalent" students, pursuant to Chapter 1011.62, Florida Statutes, as amended.
U. Financial Feasibility: An assurance that sufficient revenues are currently available
or will be available from committed funding sources for the first three 3 ears or will be
available from committed or planned funding sources for years four 4 and five 5 of a five-year
cal2ital improvement schedule and as further defined in Section 163.3164 32 Florida Statutes as
amended.
V. Functional Equivalent: See "Plat Functional Equivalent" or "Site PlanFunctional
Equivalent".
W. Land Development Code: An ordinance or ordinances enacted -by a local governing
body for the regulation of any aspect of development, including zoning or rezoning, subdivision,
buildinS construction or sin regulation or any other regulation controlling the development of
land.
X. Level of Service Standard (LOS): A level of service at which a public school facilitY is
expected tooperate, as defined in Section 163.3180 Florida Statutes as amened. An indicator of
the extent or degree of service provided by, or prol2osed to be providd by, a facility based on
and related to the operational characteristics of the facility, Level of service shall indicate the
capacity per unit of demand for each public facility.
Local Government: Broward County and its Municil2alities.
Z. Lot: A parcel or tract of land designated and identified as a single unit of area in a
subdivision plat officially recorded in the public records of Broward County, Florida.
aa. Maximized Utilization: The use of student ca aci at each school to the neatest
extent possible, based on the adol2ted level of service standard and the permanent capacity,
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taking into accountspecial considerations such as core capacity, special programs, transportation
costs, geographic impediments, diversity programs, and class size reduction requirements to
prevent disparate enrollment levels between schools of the same jype(elementary, middle high)
and provide an equitable distribution of student enrollment district -wide.
bb. Municipalities: Those cities villages. and towns created pursuant to eneral or
special law authorized or recognized pursuant to Section 2 or Section 6 Article VIII of the State
Constitution and located in Broward County except those that are exem t from the Public School
Facilities Elementpursuant to Section 163.3177 12 Florida Statutes as amended.
CC. Oversight Committee: Committee established pursuant to Article 11 Subsection
11.1 of this Amended Agreement, and primarily responsible for the monitoring of the
iml2lementation of the Amended Interlocal Agreement for Public School. Facility Plannin .
dd. Permanent Capacity: Permanent student station multiplied by the utilization
factor identified in FISH.
ee. Permanent Student Station: The floor area in a permanent classroom required to
house a student in an instructional program multiplied by the utilization factor, as determined by
the Florida Department of Education.
ff. Plat: A map or delineated representation depicting the division or subdivision of a tract
or parcel of lands) into lots), block(s), parcel(s), tract(s) or other portions thereof, however
designated_
Plat, Functional Equivalent: May include, but not be limited to, the amendment to
a plat, the rel2lat or replatting of an otherwise existing platted tract or parcel of lands .
hh. Platted Land: Any land which can be referenced to an official plat book and page
recorded in the public records of Broward County, Florida.
H. PrograYn Capacity: The capacity of a school once the special space needs for programs
including, but not limited to English as a Second Language ESOL special programs for the
emotionally handicapped, autistic and varying exce tionalities have been addressed.
ii. Proportionate Share Mitigation A developer improvement or contribution identified
in a binding and enforceable agreement to satisfy the additional student impact created by
proposed development containing residential units on deficient bublic school facilities, as set
forth in Section 163.3180 13 e Florida Statutes as amended.
kk. Proposed New Residential Development: Any application for new residential
development, or any amendment to a previously approved residential development, which
results in an increase in the total number of housin units.
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11. Public Facilities: Major capital improvements including, but not limited to transportation,
sanitary sewer, solid waste drainage, potable water, education arks and recreation facilities.
mm. Public School Facilities Element: The part of a Comprehensive Platt that addressees
public educational facilities. The element must be based upon data and analyses that address
how level of service standards will be achieved and maintained and must contain goals, which
establish the lon -term end toward which public school programs and activities are ultimatel
directed.
nn. Public School Impact Application: An application for proposed development
submitted by a developer, which would impact public school facilities.
oo. Residence: A building, or part thereof, designated and used as the primary dwelling
lace fora person or persons, containing living, sleeping, kitchen and sanitary facilities.
Residential Development: Any development that is coml2rised of dwelling units in
whole or in part, for permanent human habitation.
Reserve Units: Residential units as defined in the Adrn' 'strative Rules Document
of the Broward Counjy Planning Council.
ff. School Board: The School Board of Broward County, Florida the -governing bod
of the School District, a body corporate pursuant to Section 230.21, Florida Statutes, as amended.
ss. School Boundaries: The geographic area, which identifies public school assig=ent as
annually approved by the School Board and as further defined by School Board Policy 5000 as
amended.
tt. School District (or District): The District for Broward County -created and existing
pursuant to Section 4, Article IX of the State Constitution.
uu. Site Plan, Functional Equivalent: May include, but not be limited to, administrative or
otherwise examination of -a-pro posed site plan b applicable regulatorstaff members for the
purpose of verification of development regulatory compliance. Such review is commonly
referred by the Local Governments as being conducted by the Develoj2ment Review_ Committee
or the Plans Review Committee.
VV. Staff Working Group: Group comprised of staff representatives from the School
Board Broward County and the Municipalities established pursuant to Article II Subsection 2.1
of this Amended Agreement primarily to coordinate implementation of the provisions of this
Amended Agreement.
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ww. Tentative District Educational Facilities Plan: The comprehensive planning
document prepared annually by the District and submitted to the Office of Educational Facilities
and SMART Schools Clearin house and the affected Local Government s as defined in Section
1.01.3.35, Florida Statutes, as amended.
xx. Type of School: Schools providing the same level of education i.e. elementary,
middle or high-school.
yy. Triparty Agreement: The binding agreement between the School Board Broward County
and a Municipality ro osin develoi2ment with a residential component that addresses the
proportionate share mitigation tproposed by the Municipality and accepted by the School Board,
to address the student impact anticipated from the development, and recorded in Broward
County public records.
zz. Use Residential: A use which constitutes the occupancy of a building for dwellin
purposes, either permanently or temporarily, except for hotels motels timeshares or other 12ublic
lodging establishments.
aaa. Utilization: A percentage derived from the comparison of the total number of enrolled
students identified in the EFPI Report, to the total number of permanent capacity at a facility
within a school boundary.
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Appendix B- CALENDAR OF IMPORTANT DATES
Hard Dates
December 31 2007 Last day to vest approved and unexpired 12lats and site plans Lor
functional equivalent).
ianuary 15, 2008 Cities _must have adopted Comprehensive Plan amendments for
Public school concurrences
Februaa 1 2008 Public School Concurrent becomes effective- Broward Count and
each Municipality must have ado42ted public school concurrent
provisions into their Land_ Development Regulations and School
Board must have amended its School Board Policies to include
ublic school concurrency provisions.
Annual Recurring Dates
June M Superintendent submits Tentative District Educational Facilities
Plan to Broward County and each Municipality.
August 31 Broward County and each Municipality transmit Growth and
Development Trends Report to the School District.
Se tember 30 School District transmits Adopted District Educational Facilities
Plan to Broward Coun and each Municipality.
October 1 School District submits District's public school concurrency data
and related analysis to Broward County and each Munici ali
December 31 Staff Working Group provides the written report regarding
implementation of the lnterlocal Agreement in the preceding
calendar year and the effectiveness of school concurrency to the
Oversight Committee.
Ongoing Dates
15 days after adoption County and each Municipality shall provide data to the School
District re ardor" approved residential development.
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Appendix C- PUBLIC SCHOOL CONCURRENCY REVIEW PROCESS
FLOWCHART
(Attached)
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Appendix D - ACRONYM LIST
BCLDC Broward County Land Develo ment Code
CIE Capital Improvements Element
CO or CO's Certificate of Occupancy
CSA Concurrency Service Areas
DEFP District Educational Facilities Plan
DOE Department of Education
EFPI Enrollment and Facilities Planning Inventory Report
FAC Florida Administrative Code
FISH Florida Inventory of School Housing
FTE Full -Time Equivalent
LDC Land Development Code
LDR Land Development Regulations
LOS Level Of Service Standard
LPA Local Planning Agency
PSFE Public School Facilities Element
PSIA Public School Impact Application
SCAR School Capacity Availabilijy Determination Letter
SREF State Re uirements for Educational Facilities
SWG Staff Working Group
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