School Concurrency Questions & Answers 

Q. What is school concurrency?
A. 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).

Q. When will school concurrency likely take effect?
A. On January 8, 2008, Broward County is scheduled to adopt and transmit to the
Florida Department of Community Affairs an amendment to the County
Comprehensive Plan regarding school concurrency. Staff anticipates adoption of
an ordinance amending the Land Development Code to implement school
concurrency to occur on February 12, 2008. The exact date school concurrency
will take effect is uncertain because it is dependent upon the effective date of the
Comprehensive Plan Amendment. Staff estimates that the effective date of the
Comprehensive Plan Amendment and therefore the effective date of school
concurrency will occur in late March, 2008. If the subject residential plat
application is not approved by the County Commission before the effective
date of Comprehensive Plan Amendment, it will be subject to review for
school concurrency. This may affect the time required for approval, and
may result in additional development costs.

Q. What applications are subject to school concurrency?
A. All plats, replats, plat note amendments, findings of adequacy or unincorporated
site plans with a residential component which are not approved by the County
Commission before the effective date of the Comprehensive Plan Amendment
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.

Q. What applications will be exempt?
A. Any residential application which generates less than one student at each school
type; any age restricted community with no permanent residents under the age of
eighteen (18); or any other application which may otherwise be exempt by
Florida Statutes.

Q. What applications will be vested?
A. 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 a boundary area that is subject to an
executed and recorded tri-party agreement; 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
Amendments, which have not expired.

Q. How will the process work?
A. Any applicant submitting an application with a residential component, that is not
exempt or vested, is subject to public school concurrency 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 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.

Q. How will this process affect my application?
A. 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.

Q. Does the applicant have to pay school impact fees and the proportionate share
mitigation if the application fails to meet school concurrency?
A. 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.

Q. Who do I contact at the School Board for further information concerning school concurrency including PSIA application filing requirements and proportionate share mitigation requirements?
A. Please contact Lisa Wight, Growth Management Planner, Broward County
School Board at (754) 321 - 8350 or at lisa.wight@browardschools.com.