What is school concurrency?
In 2005, the Florida Legislature adopted Senate Bill 360, which amended Chapters 163 and 1013, Florida Statutes, making the availability of public schools a prerequisite for the approval of residential plats and site plans (i.e., school concurrency). Residential projects will be evaluated based on the impact to the three levels of schools (elementary, middle, and high).
When did school concurrency take effect?
On January 8, 2008, Broward County adopted an amendment to the County Comprehensive Plan regarding school concurrency, and on February 12, 2008, adopted an ordinance amending the Land Development Code implementing school concurrency. The Comprehensive Plan amendment was determined to be in compliance with the State statute by the Florida Department of Community Affairs on March 27, 2008 and became effective on April 18, 2008. Any residential plat application approved by the County Commission after April 18, 2008 is subject to review for school concurrency. This may affect the time required for approval, and may result in additional development costs.
What applications are subject to school concurrency?
All plats, replats, plat note amendments, findings of adequacy or unincorporated site plans with a residential component which were not approved by the County Commission before the effective date of the Comprehensive Plan Amendment (April 18, 2008), and which are not exempt or vested shall be reviewed for school concurrency. Please note that school concurrency requirements for residential municipal site plans will be governed by municipal land development regulations.
What applications are exempt?
Any residential application which generates less than one student at each school type (as determined by the School Board); any age-restricted community with no permanent residents under the age of eighteen (18); or any other application which may otherwise be exempt by the Florida Statutes.
What applications are vested?
Any application located within a previously approved comprehensive plan amendment or rezoning which is subject to an approved mitigation agreement, including any development located within an area that is subject to an executed and recorded tri-party agreement; and any residential application for which school impacts have been satisfied, namely any application approved between February 2, 1979 and the effective date of the Comprehensive Plan Amendment (April 18, 2008), which have not expired.
How does the process work?
Any applicant submitting an application with a residential component is subject to public school concurrency review and shall be required to submit a Public School Impact Application (PSIA) for review by the School Board. Evidence of acceptance of the PSIA and payment of the applicable application fee to the School Board shall be required prior to acceptance of the application by Broward County. Within forty-five (45) days after acceptance of the PSIA, the School Board will issue a School Capacity Availability Determination (SCAD) Letter confirming whether or not the project is exempt or vested, or if student capacity is available. If capacity is not available, the applicant shall have thirty (30) days to propose proportionate share mitigation to the School Board. Upon acceptance of the proposed mitigation by the School Board, and upon the execution of a legally binding document among the School Board, the municipality (if applicable), and the applicant, the proposed application may be approved by the County, if the application meets all other requirements of the Land Development Code.
How will this process affect my application?
If the application fails to meet school concurrency, the application will be deferred until proportionate share mitigation is accepted and an agreement is executed by the applicant, the School Board, and the municipality.
Does the applicant have to pay school impact fees and the proportionate share mitigation if the application fails to meet school concurrency?
The school impact fees 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.
Who do I contact at the School Board for further information concerning school concurrency including PSIA application filing requirements and proportionate share mitigation requirements?
Please contact Lisa Wight, Growth Management Planner, Broward County School Board at (754) 321-8350 or at firstname.lastname@example.org.