Policy 7.133

Implementation of School Concurrency

1. Responsibility for Application Intake and Review.- In accordance with the Public School Concurrency Interlocal Agreement ("Interlocal") to establish school concurrency, the Board designates the Superintendent who shall assign a designee to be responsible for review of applications for residential development orders for a concurrency determination that are submitted to the local governments.

2. Intake of Application and Response Time

1. The application for a residential development order shall be first submitted to the local government.

2. The local government shall submit the fully completed application for residential development to the District for review and determination as to whether school capacity is available concurrent with the impact of the proposed residential development.

3. The District shall log in the completed application by date and time stamp.

4. The District shall process each completed application in the order in which it is received.

5. No application will be reviewed and processed without receipt of the application fee.

6. The application review and determination process shall not exceed fifteen (15) work days.

3. Fees

1. The application fee schedule shall be based on the amount necessary to recoup the actual costs for the application determination and review process.

2. The application fee schedule shall be adopted by the Board and shall be incorporated herein by reference.

3. The non-refundable application fee shall be submitted by the applicant to the District.

4. Concurrency Determination Review Criteria.- The District shall review each application in accordance with the following criteria to determine whether school capacity is available concurrent with the impact of the proposed residential development:

1. Concurrency determination shall be measured on the basis of the twenty-one (21) Concurrency Service Areas (CSAs) as described in the adopted Interlocal.

2. The District shall use the information contained in the Development Review Table created in accordance with the Interlocal for calculation of capacity utilization of each type of school within the specific CSA, and the projected student enrollment impact of the proposed residential development.

3. The District shall determine the resulting Level of Service ("LOS") for each type of school within the CSA or, if necessary, in the adjacent CSAs.

4. If the LOS is exceeded, and new capacity in the CSA will be in place or under actual construction in the first three years of the District's Five-Year Capital Facilities Plan ("Plan"), the new capacity will be assigned for the determination of school capacity for the new residential development.

5. If the projected student growth from the residential development causes the adopted LOS to be exceeded in the particular CSA and that type of school and capacity exists in one or more contiguous CSAs, the applicant shall receive a Letter of Determination of Concurrency ("Letter") pursuant to the terms of the Interlocal.

5. Letter of Determination of Concurrency ("Letter")

1. The District shall issue a Letter stating that the applicant is in compliance if the concurrency determination review criteria stated in Section 4 is met.

2. If the applicant is not in compliance, the Letter shall detail why the development is not in compliance and shall offer the applicant an opportunity to enter into the ninety (90) day negotiation period described in Section 6.

6. Concurrency Mitigation Procedure

1. Ninety (90) Day Negotiation Period

1. If a Letter cannot be issued under the criteria as stated in Section D, the applicant shall be allowed to enter a ninety (90) day negotiation period with the District in an effort to mitigate the impact from the development.

2. Mitigation options must consider the District's educational delivery methods and requirements, and the State Requirements for Educational Facilities ("SREF").

3. If the capacity is not in the Plan, the applicant may submit the following for consideration by the School Board:

1. Donate buildings for use as a primary or alternative learning facility;

2. Renovate existing buildings for use as learning facilities;

3. Construct permanent student stations or core capacity of a school;

4. Initiate an agreement with a new or existing charter school;

5. Initiate an agreement with an existing or new private school.

4. If the capacity is contained in the District's Plan, the applicant may build the school(s) in advance of the time set forth in the District's Plan.

5. If approved, the Board shall enter into an agreement to reimburse the applicant at such time as the school(s) would have been funded in the District's Plan.

2. Impact Fee Credit.- The applicant shall receive appropriate impact fee credit for the donation of a building, renovation of existing buildings to provide new capacity, or construction of a permanent student station or core capacity.

3. Second Letter of Determination of Concurrency ("Second Letter")

1. Upon conclusion of the ninety (90) day period, the District shall issue a Second Letter.

2. If mitigation is agreed to, the Second Letter shall find the applicant is in compliance and shall be conditioned on those mitigation measures agreed to by the applicant and the Board.

3. The mitigation measures shall be memorialized in an agreement between the Board and the applicant that specifically details mitigation provisions to be paid for by the applicant and the relevant terms and conditions.

4. Prior to the Board's approval of the mitigation plan, the local government in which any proposed mitigation is to occur shall have the opportunity to review the mitigation options.

5. The mitigation options shall be limited to those which the Board is prepared to accept and assume the responsibility to operate.

6. If mitigation is not agreed to by the Board and the local government, the Second Letter shall detail why any mitigation proposals were rejected and detail why the application is not in compliance.

7. Term of School Concurrency.- A Letter issued by the District shall be valid for one (1) year from the date of issuance. A determination may be extended for two consecutive six month periods providing the School District receives documentation that the application is progressing in good faith through the local government's review process. Once the Local Government Site Specific Development Order ("DO") is issued, the concurrency determination shall run with the life of the development order as long as the DO is valid.

8. Exemption Rule.-The following shall be exempt from meeting school concurrency requests:

1. Legally created single-family lots of record, for a single-family residence existing at such time as the ordinance implementing school concurrency is adopted.

2. Any residential development or any other development with a residential component that received final approval of a DO prior to the commencement date of school concurrency or is exempt from concurrency which was previously approved under a local government's concurrency regulations for that component.

3. Any new residential development that has filed a complete application for a DO or any amendment to any previously approved DO pending prior to the commencement date of the School Concurrency Program shall be exempt from the school concurrency requirements as long as the development order remains in effect.

4. Any amendment to any previously approved residential development, which does not increase the total number of units or change the type of unit.

5. Any previously approved residential development or any other previously approved development with a residential component located within any existing Transportation Concurrency Exception Area as defined in § 163.3180(5), Fla. Stat.