| Land and Facility Interim Property Management |
Purpose. The School Board (Board) acknowledges its support and interest in managing its real property consistent with its mission and the public interest. This policy applies to "interim" property, which is defined as improved and/or unimproved real property that is not currently being utilized for educational and or ancillary purposes. Recommendations for interim use under this policy shall seek to: preserve, protect, and secure interim land and facility assets of the Board; and consider alternate sources of revenue to offset the taxpayer expense burden during the interim property management period while complying with all land use and facility building code compliance requirements as established by the Florida statutes and the State Requirements for Educational Facilities ("SREF").
Exception. School facilities utilized under the provisions of Policy 7.18 shall not be classified as "interim" property.
Policy Statement. It is a policy of the Board to retain interim property for a future use consistent with the District's five-year capital improvement plan, educational program needs and mission, or to dispose of such property consistent with Board Policy 7.12 and state laws. In applying this policy, the Board discourages long-term lease requests and lease requests which propose uses that are inconsistent with the Board's anticipated future use of the property and/or the local government zoning and future land use classifications.
Periodic Assessment of Property. The District shall perform periodic assessments of all real property assets to determine "interim" property status periods.
Timely Removal of Structures. Should any resolution of the Board provide for the removal of structures from any "interim" property, the removal or disposal of such structures shall be completed in a timely manner to minimize the School Board's liability and costs.
Management of "Interim" Property.
Community or Government Requests. The District will make reasonable efforts to coordinate and cooperate with government entities and community requests associated with "interim" property that are consistent with the District's five-year capital improvement plan mission.
Leasing of "Interim" Property. In determining the feasibility of leasing "interim" property, the Chief of Facilities Management, the Real Estate Services Department and the Planning Department shall evaluate the "interim" property pursuant to the District's five year capital plan and any other applicable plan. However, the "interim" property shall first be considered for current or future educational and/or operational needs of the District. If an "interim" property is to be leased, the following factors shall be considered.
Upon completion of the above evaluation, the Chief of Facilities Management may designate an "interim" property as available for lease, after the approval of the Superintendent and the Board. If approved, the Chief Facilities Management shall provide appropriate notice of the land's availability for leasing, subject to any criteria approved by the School Board.
When "interim" property is available for leasing, any District department, public school in the District, including charter schools pursuant to Fla. Stat. § 1002.33 (18)(e)), or outside party seeking use of such property, shall submit to the Chief of Facilities Management a written notice of interest or written proposal for such lease. The notice of interest/proposal of lease must be accompanied by a plan describing:
Any anticipated improvements to the property and, if applicable, how and from where the funds will be raised for the improvements and for the lease; and
The compatibility of the proposed use with the District's educational mission and programs.
All proposals for the lease of "interim" property shall be reviewed by the Chief of Facilities Management and the Superintendent/designee and recommended to the School Board for action based on the academic program needs of the District and the anticipated impact on the Board's future use of the property. Anticipated impacts on the real estate and business relate factors including but not limited to the following, shall be evaluated:
Appraised value and fair market value;
Compatibility with surrounding areas and uses, including local zoning and comprehensive land-use plans;
Revenue potential;
Maintenance (fencing and landscaping) costs;
Security costs
Environmental costs;
Liability risk to the District;
Safety of District students and employees;
Preservation of property for future use by District;
Conformance, consistency, and/or compatibility with District mission, policies, and goals; and
Term of the lease.
Proposals for leases of "interim" property shall be recommended to the Board by the Superintendent/designee to be in the Board's best interest. Determination factors shall include but not be limited to those stated in subparagraphs (ii) and (iii) herein.
Any third party that will use any facility or property under this Policy shall enter into a lease agreement satisfactory to the Board in form and substance, and as determined by the Board to be in the Board's best interests. Prior to entering into or executing any such lease, the Board will consider approval thereof at any public meeting, at which a copy of the proposed agreement in its final form shall be available for inspection and review by the public, after due notice as require by Fla. Stat. § 120.525.
Delegation of Authority and Responsibility. The Superintendent may implement administrative procedures and guidelines for the implementation of this Policy.
| STATUTORY AUTHORITY: | Fla. Stat. §§ 1001.41(2); 1001.42(2), (9) and (25); 1001.43(2) and (4) |
| LAWS IMPLEMENTED: | Fla. Stat. §§ 1001.51(4), (10) and (11); 1013.15(1); 1013.28(1) |
| RULES SUPPLEMENTED: | 6A-2.0010, F.A.C.; SREF § 2.2(1) |
| HISTORY: | 06/03/02; 5/31/2006; 7/8/2009 |