Amended & Restated Interlocal Agmt for Public School Facility PlanningAMENDED AND RESTATED
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI-DADE COUNTY
This Amended and Restated Agreement is entered into between Miami-Dade
County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), the Municipalities of City of Aventura, Town of Bay Harbor Islands,
City of Coral Gables, Town of Cutler Bay, City of Doral, Village of EI Portal, City
of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead,
Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami
Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village,
City of North Miami, City of North Miami Beach, City of Miami Gardens, City of
Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami,
City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami
(hereinafter collectively referred to as "Cities"), and The School Board of Miami-
Dade County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as "School Board").
RECITALS
WHEREAS, the County, Cities and the School Board recognize their mutual
obligation and responsibility for the education, nurturing and general well-being of
the children within their respective communities; and,
WHEREAS, the School Board has the statutory and constitutional responsibility
to provide a uniform system of free and adequate public schools on a countywide
basis; and,
WHEREAS, the County, Cities, and School Board 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
land development, (2) greater efficiency for the school board and local
governments by placing schools to take advantage of existing and planned
roads, water, sewer, and parks, (3) improved student access and safety by
coordinating the construction of new and expanded schools with the road and
sidewalk construction programs of the local governments, (4) better defined
urban form by locating and designing schools to serve as community focal points,
(5) greater efficiency and convenience by co-locating schools with parks, ball
fields, libraries, and other community facilities to take advantage of joint use
opportunities, (6) reduction of pressures contributing to urban sprawl and support
of existing neighborhoods by appropriately locating new schools and expanding
and renovating existing schools, and (7) improving the quality of education in
existing, renovated and proposed schools; and,
WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public
educational facilities must be consistent with the comprehensive plan and
implemehting land development regulations of the appropriate local governing
body; and,
WHEREAS, the County has jurisdiction over land use and growth management
decisions within its unincorporated boundaries, including the authority to approve
or deny comprehensive plan amendments and rezonings, or other development
orders that generate students and impact the school system, and the Cities have
similar jurisdiction within their boundaries; 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, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of
Florida, codified at Sections 163.31777, 163.3180(13) and 1013.33, Florida
Statutes, which, in relevant part, required that all school interlocal agreements be
updated to reflect a new statutory mandate to implement public school
concurrency; and
WHEREAS, the School Board, County and Cities have further determined that it
is necessary and appropriate to cooperate with each other to coordinate the
approval of residential development with the provision of adequate public school
facilities in a timely manner and at appropriate locations, to eliminate any deficit
of capacity and provide capacity for projected new growth, as further specified
herein; and
WHEREAS, the County and Cities are entering into this Amended and Restated
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
2
schools operating at the adopted Level of Service Standard consistent with the
timing specified in the School Board's adopted five-year district educational
facilities plan (hereinafter referred to as the "District Facilities Work Program");
and
WHEREAS, the School Board has further committed to update and adopt the
District Facilities Work Program yearly to add enough capacity in the new fifth
year to address projected growth and to adjust the District Facilities Work
Program 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, by entering into this Amended and Restated Agreement, the School
Board, County, and the Cities are fulfilling their statutory obligations and
requirements recognizing the benefits that will accrue to their citizens and
students described above.
AGREEMENT
NOW THEREFORE, be it mutually agreed between the School Board, the
County and the Cities that the following procedures will be followed in
coordinating land use and public school facilities planning:
Section 1. Joint Meetings
1.1 Staff Working Group: A Staff Working Group comprised of the
County Mayor/Manager and/or designee, School Board Superintendent
and/or designee, and City Mayor/Manager and/or their designees will
meet at least on asemi-annual basis to discuss issues and formulate
recommendations regarding public education in the School District, and
coordination of land use and school facilities planning, including such
issues as population and student projections, development trends, a work
program for five (5), ten (10) and twenty (20) year intervals and its
relationship to the local government comprehensive plans, particularly as
it relates to identification of potential school sites in the comprehensive
plan's future land use map series, school needs (school capacity and
school funding), the implementation of public school concurrency,
collocation and joint use opportunities, and ancillary infrastructure
improvements needed to support the school and ensure safe student
access. Representatives from the South Florida Regional Planning
Council, the Latin Builders Association and the Builders Association of
South Florida will also be invited to attend and participate. Meetings of the
working group shall be held upon at least thirty (30) days written advance
notice, and shalt be coordinated by the School Board Superintendent, or
designee. The Staff Working Group shall meet no later than March 31
each year to address student enrollment projections, and by April 30 and
3
October 31 of each year to address the public school concurrency
management system, and any proposed amendments to the school-
related comprehensive plan provisions. The April 30 deadline shall apply
where changes are proposed for the County's first comprehensive plan
amendment cycle of the following year, and the October 31 deadline shall
apply for changes proposed in the second cycle of the following year.
1.2 Elected Officials Forum: The School Board Superintendent and/or
designee shall coordinate a joint workshop session at least annually and
invite one or more representatives of the County Commission or their
designee(s), the governing body of each City or their designee(s), and the
School Board or their designee(s). A representative of the South Florida
Regional Planning Council will also be invited to attend. The School Board
shall provide the meeting invitations with at least thirty (30) days advance
written notice of such meeting to the person designated as a contact in
this Amended and Restated Agreement. Modifications and amendments
shall be considered by each party to this Amended and Restated
Agreement in accordance with Section 15, and may be discussed at the
joint workshop sessions. The joint workshop sessions provide
opportunities for the County Commission, the City Commissions or
Councils, and the School Board to hear reports, discuss policy, set
direction, and reach understandings concerning issues of mutual concern
regarding public education, and coordination of land use and school
facilities planning, including population and student growth, development
trends, school needs, off-site improvements, public school concurrency,
school capacity, school funding, options to reduce the need for additional
permanent student stations, and joint use opportunities.
4
Section 2. Student Enrollment and Population Proiections
2.1 In fulfillment of their respective planning duties, the County, Cities,
and School Board agree to coordinate their plans upon consistent
projections of the amount, type, and distribution of population growth and
student enrollment. Countywide five (5)-year population projections shall
be updated at least once every two (2) years by the County. The School
Board may enter into a separate agreement with the County for the
preparation of student enrollment projections. Updated County and
School District data shall be provided at least once every two (2) years for
review at the Staff Working Group meeting described at Subsection 1.1.
2.2 The School Board 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 School Board based on development
data and agreement with the local governments and the Office of
Educational Facilities and SMART Schools Clearinghouse. The School
Board may request adjustment to the estimating conferences' projections
to reflect actual enrollment and development trends using the COHORT
Projection Waiver available on the Florida Department of Education
website. In formulating such a request, the School Board will coordinate
with the Cities and County regarding development trends and future
population projections.
2.3 The School Board, working with the County and Cities via the Staff
Working Group, will use the information described in subsection 3.4 and
any other relevant information provided as part of the requirements of this
Amended and Restated Agreement, to allocate projected student
enrollment by Minor Statistical Areas.
Section 3. Coordinating and Sharing of Information
3.1 Tentative District Educational Facilities Work Plan: By May 31 of
each year, the School Board shall submit to the County and Cities the
tentative district educational facilities prior to adoption by the Board. The
tentative plan will be consistent with the requirements of Section 1013.35,
Florida Statutes, and include projected student populations
geographically, an inventory of existing school facilities, projections of
facility space needs, information on relocatables, general locations of new
schools for the five (5), ten (10), and twenty (20) year time periods, 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 (5) year period. The Cities and County shall review and
evaluate the tentative plan and comment to the School Board by June 30
on the consistency of the tentative plan with the local comprehensive plan,
including its compatibility with the comprehensive plan's future land use
5
map series, and whether a comprehensive plan amendment will be
necessary for any proposed educational facility. The School Board shall
provide the District's adopted Facilities Work Program to the County and
Cities no later than October 20, and it shall be adopted into the County's
and Cities' comprehensive plans each year no later than December 1.
3.2 Educational Plant Survey: The School Board will remain
responsible for reporting and submission of updates. 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 existing land use plans. The Staff
Working Group, in accordance with the procedure outlined in Section 3.5,
will evaluate and make recommendations regarding the location and need
for new, significant renovation or expansion, closures of educational
facilities, and the consistency of such plans with the local government
comprehensive plans and relevant issues including, but not limited to,
those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this Amended and
Restated Agreement.
3.3 Educational Facilities Impact Fee Ordinance: The County and the
School Board shall perform a review at least every three (3) years of the
Educational Facilities Impact Fee Ordinance, its formula, and the
Educational Facilities Impact Fee Methodology and Technical Report, and
if appropriate, make recommendations for revisions to the Board of
County Commissioners. The first review shall be performed within three
(3) years after the effective date of the impact fee ordinance, as amended.
Among the goals of this review will be the adjustment of impact fee
structure to ensure the full eligible capital costs,. as allowed by the
governing ordinances, associated with development of public school
capacity is included. In reviewing the Educational Facilities Impact Fee
Ordinance, the County and School Board shall employ their best efforts to
evaluate a more equitable distribution of impact fee assessments. The
School Board and County will provide for local government, industry and
citizen participation and input, prior to submitting recommendations to the
Board of County Commissioners for substantive revisions to the
Educational Facilities Impact Fee Ordinance, its formula, and/or the
Educational Facilities Impact Fee Methodology and Technical Report,
including the adjustment of impact fee structure or benefit district
boundaries.
3.4 Growth and Development Trends: By September 30 of each year,
local governments will provide the School Board with a report on growth
and development trends within their jurisdiction, based on the most current
available data. This report will be in tabular, graphic, and/or textual
formats and will include the following:
6
(a) The type, number, and location of residential units, which have
received zoning approval, plat approval or site plan approval;
(b) Information regarding adopted future land use map
amendments which may have an impact on school facilities;
(c) The County shall report to the School Board the school impact
fees collected annually on building permit applications. This report
shall include the amount of the fee collected and location of the
proposed residential development. The School Board shall report
to the County and to each City how the impact fee revenue and all
other school contributions have been spent within the Benefit
District in which it was collected. All data shall include source
information for verification and be provided in a format consistent
with other capital expenditures;
(d) Information, if available, regarding the conversion or
redevelopment of non-residential structures into residential units
that are likely to generate new students and, conversely,
information on the number of residential units converted to non-
residential uses; and
(e) The identification of any development orders issued that contain
a requirement for the provision of a public school site as a condition
of development approval.
If at all possible, data required to be submitted in this section should also
be sent in a format that can be loaded into the Geographic Information
Systems (GIS) database maintained by the School Board.
3.5 New, Expanded and Renovated School Facilities: The Staff
Working Group shall provide recommendations on the planning of new
facilities, additions or renovations for consideration by School Board staff
and the School Site Planning and Construction Committee ("SSPCC") in
formulating the tentative district educational facilities plan. Likewise, the
Staff Working Group shall also provide input and comments,
recommendations on the update of the Five-Year Educational Plant
Survey and any revisions thereto.
7
CALENDAR OF KEY ANNUAL DATES
March 31 Staff Working Group meeting re enrollment
projections
Apri130 Staff Working Group Meeting re any proposed
amendments to the school-related comprehensive plan provisions
proposed for the first County transmittal cycle
May 31 Planning Forum to review Tentative Capital Plan
including but not limited to, new schools, additions, closures, and
significant renovations, at a Joint Meeting of the Staff Working Group and
the School Site Planning and Construction Committee (SSPCC)
June 30 Cities and County provide School Board with written
comments on Tentative Educational Facilities Plan introduced at Planning
Forum
August 31 School Board provides final proposed Tentative
Educational Facilities Plan to County and Cities
September 30 Cities' and County's Growth Reports to School Board
September 30 School Board adoption of District's updated Five Year
Plan as a part of the Tentative Educational Facilities Plan
October 20 School Board's provision of copy of adopted version
District's updated Five Year Plan to County and Cities
October 31 Staff Working Group meeting re any proposed
amendments to the school-related comprehensive plan provisions
proposed for the second County transmittal cycle
December 1 District's Updated Five Year Plan adopted into Cities'
and County's comprehensive plans, and provision of adopted versions to
School Board
3.6 Public School Facilities Element:
(a) Initial comprehensive plan amendments related to the Public Schools
Facilities Element to satisfy the requirements of Chapter 2005-98, Laws of
Florida: The amendments to the Public School Facilities Element and
related amendments to the Capital Improvements Element and the
Intergovernmental Coordination Element in the County's and Cities'
comprehensive plans ("school-related element amendments" or "school-
related element provisions") required to satisfy Chapter 2005-98, Laws of
Florida are being adopted into the comprehensive plans of the County and
Cities concurrently with the execution of this Amended and Restated
Agreement by the County and Cities. Some provisions relevant to public
schools may remain in the Future Land Use Element or other elements as
may be appropriate.
(b) Subsequent school-related element amendments: Thereafter, the
experience with implementing the revised comprehensive plans and the
School Board's District Facilities Work Program shall be reviewed by the
County and Cities each year, at a Staff Working Group meeting to be held
no later than April 30 (County's first comprehensive plan amendment
cycle) or October 31 (County's second comprehensive plan amendment
cycle), to determine whether updates to the comprehensive plans are
required. At a minimum, the District Facilities Work Program shall be
updated annually by the addition of a new fifth year as provided in Section
9.3. Any other amendments to the comprehensive plans shall be
transmitted in time to allow their adoption concurrently with the update to
the District Facilities Work Program, where feasible. Amendments to the
comprehensive plans shall be considered in accordance with the County's
comprehensive planning cycle.
(c) School Board review of school-related element amendments: All
school-related element amendments shall be provided to the School
Board at least ninety (90) days prior 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 (i) in writing at least thirty (30) days prior to the local
planning agency meeting on the school-related element amendment, or (ii)
by attending and providing comments at the local planning agency
meeting.
(d) Countywide consistency of school-related element amendments: The
County's and Cities' school-related element provisions must be consistent
with the uniform district-wide public school concurrency system, with each
other, and with the School Board's facilities, plans and policies. Each City
may choose to adopt all or a portion of the County's school-related
element provisions into its comprehensive plan by reference, or it may
9
adopt its own school-related element provisions. If a City 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 public school concurrency system shall be substantially the
same as its counterpart in the County comprehensive plan and other
Cities' comprehensive plans. If any school-related element amendment is
proposed that deviates from the uniform district-wide public school
concurrency system, it shall not become effective until the last party
adopts it into its comprehensive plan. Such proposals shall be forwarded
to the Staff Working Group for review, and the adoption of any such
changes shall be timed to coincide with the County's comprehensive plan
amendment cycle. Once each City and the County have adopted such a
plan amendment and these amendments have all become effective, then
the new requirement shall apply countywide. Each City and the County
may adopt the District Facilities Work Program into its comprehensive plan
either by reference or by restatement of the relevant portions of that
Facilities Work Program, but in no event shall a City or the County attempt
to modify that Facilities Work Program. The County and Cities agree to
coordinate the timing of approval of school-related element amendments,
to the extent that it is feasible to do so. To the extent that a proposed
school-related element amendment is inconsistent with this Amended and
Restated Agreement, an amendment to this Agreement shall also be
required before the amended element becomes effective.
(d) Evaluation and Appraisal Report: In addition to the other coordination
procedures provided for in this Amended and Restated Agreement, at the
time of the Evaluation and Appraisal Report, the County and Cities shall
schedule at least one Staff Working Group meeting with the School Board
to address needed updates to the school-related comprehensive plan
provisions.
Section 4. School Site Selection. Significant Renovations and Potential
School Closures
4.1 The School Board staff has amended Rule 6Gx13-2C-1.083,
Section II.D. Membership, to expand the membership of its standing
School Site Planning and Construction Committee (SSPCC) by four voting
members as follows: "a floating member" designated by the City Manager
of the most impacted municipality to which the agenda item relates
whenever an agenda item concerns any incorporated area of Miami-Dade
County, or if it concerns an unincorporated area, this "floating member"
shall be from the geographically nearest municipality most impacted by
the agenda item; a representative selected by the Miami-Dade County
League of Cities; aMiami-Dade County representative selected by the
County Manager or designee; and a member of the residential
construction industry. For purposes of this Section, a floating member
10
from the most impacted local government shall be defined as the local
government jurisdiction in which the proposed project is located. The
SSPCC shall review potential sites for new schools and proposals for
significant renovation, the location of relocatables or additions to existing
buildings, and potential closure of existing schools, and make
recommendations on these and all other issues within its purview under
the Rule for consideration by School Board staff. The SSPCC shall also:
(a) Host a planning forum, by May 31, as a joint meeting of the Staff
Working Group and School Site Planning and Construction Committee on
an annual basis or more often as may be needed. For purposes of this
forum, the SSPCC shall invite a representative from each of the impacted
units of government to participate in the proceedings and to provide input
and comments, for consideration by the SSPCC in its deliberations. The
forum will review the School Board's acquisition schedule and all other
relevant issues addressed in this Amended and Restated Agreement and
required by statute, and will include appropriate staff members of the
School Board, at least one staff member of the County and a
representative from each of the affected Cities. Based on information
gathered during the review, the SSPCC will submit recommendations to
the Superintendent or designee for the upcoming year.
(b) Invite a staff representative from each unit of local government
affected by an agenda item at any SSPCC meeting throughout the year to
attend that meeting. It shall provide a full opportunity for such local
government representatives to provide comments, and shall consider
those comments in its deliberations. Based on information gathered
during the review, the SSPCC will submit recommendations to the
Superintendent or designee on these items.
For purposes of this Sub Section, an affected local government shall be
defined as follows:
a. Any jurisdiction within fifteen hundred (1,500) feet of the
property or improvement; and
b. Any jurisdiction whose utilities are utilized by the School Board
property or improvement.
The School Board Superintendent and/or designee shall provide the
invitations referenced in this Section 4.1, with at least thirty (30) days
advance written notice of such meeting to the person designated as a
contact in this Amended and Restated Agreement. The Superintendent or
designee shall forward the SSPCC recommendations referenced in this
Amended and Restated Agreement to the School Board so that they may
be considered by the Board at the time that it deals with the issues to
which the recommendations relate.
4.2 When the need for a new school is identified and funded in the
District Facilities Work Program, the SSPCC will review a list of potential
sites in the area of need. The list of potential sites for new schools and the
list of schools identified and funded in the District Facilities Work Program
for significant renovation, the location of relocatables, or additions to
existing buildings and potential closure and opportunities for collocation
will be submitted to the local government with jurisdiction over the use of
the land for an informal assessment regarding consistency with the local
government comprehensive plan.
4.3 The evaluation of new school sites or significant expansion of
student stations at existing schools shall be in accordance with School
Board Rule 6Gx13-2C-1.083, as may be amended from time to time and
attached hereto as Exhibit 1. Any proposed amendments to this rule,
which may impact upon the terms of this Amended and Restated
Agreement, shall be submitted to the affected local units of government
prior to submission to the SSPCC and to the School Board.
4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least sixty
(60) days prior to acquiring or leasing property that may be used for a new
public educational facility, the School Board 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 School Board
within forty-five (45) days if the proposed new school site is consistent with
the land use categories as depicted in the future land use map series, as
well as the policies of the local government's comprehensive plan. If the
site is not consistent, it shall not be used as a school site until and unless
otherwise approved by the local government. This preliminary notice does
not constitute the local government's determination of consistency
pursuant to Section 1013.33(12), Florida Statutes.
Section 5. Supporting Infrastructure
5.1 In conjunction with the preliminary consistency determination
described at subsection 4.4 of this Amended and Restated Agreement,
the School Board and affected local governments will jointly determine the
need for, and timing of, on-site and off-site improvements necessary to
support each new school or the proposed significant expansion of an
existing school, in those instances where capacity is being added to
accommodate new student populations. Significant expansion shall
include construction improvements that result in a greater than five (5)
percent increase in student capacity, the location of relocatables, or
additions to existing buildings for high schools with a capacity of more
than 2,000 students. For significant expansions to high schools with a
capacity of less than 2,000 and for middle schools, the applicable
percentage shall be ten (10) percent, and for significant expansions to
elementary schools (including K-8 centers), the applicable percentage
12
shall be fifteen (15) percent. The School Board and affected local
government will enter into a letter of agreement as to the timing, location,
and the party or parties responsible for constructing, operating and
maintaining the required on-site and off-site improvements related to the
expansions and new schools referenced above, respectively.
This section shall not be construed to require the affected local unit of
government to bear any costs of infrastructure improvements related to
school improvements.
Section 6. Public Education Facilities Site Plan Review
6.1 The School Board and the County will continue to coordinate any
and all proposed construction or expansion of public educational facilities,
including the general location of new schools in unincorporated Miami-
Dade County, with the County's Comprehensive Development Master
Plan (CDMP) and local land development regulations in accordance with
the review procedures outlined in Miami-Dade County Resolution R-678-
06, as adopted on June 6, 2006.
6.2 The School Board will coordinate any and all proposed construction
or expansion of public educational facilities, including the location of new
schools or relocatables, within any City's jurisdiction with that City's
adopted comprehensive plan and land development regulations. This
coordination shall be accomplished in accordance with the provisions of
Sections 1013.33(12) through (15), Florida Statutes. The affected City
shall provide all of its comments to the School Board as expeditiously as
feasible, and not later than sixty (60) days after receipt of the complete
site plan.
Section 7. Local Planning Agencv Comprehensive Plan Amendments
Rezonings, and Developments of Regional Impact
7.1 In accordance with the requirements of and to the extent required
by Section 163.3174(1), Florida Statutes, the County and Cities will invite
a staff representative appointed by the School Board to attend meetings,
on an as needed basis, of their local planning agencies or equivalent
agencies that first consider comprehensive plan amendments and
rezonings at which comprehensive plan amendments, rezonings, or
Development of Regional Impact proposals or amendments are
considered that would, if approved, increase residential density. The
County and Cities may appoint such School Board representative to the
planning agency, and, at their sole discretion, may grant voting status to
the School Board representative.
7.2 The School Board will designate a staff representative to serve in
an advisory support capacity on the County's staff development review
committee, or equivalent body. In addition, the School Board
13
representative will be invited to participate at the meetings of the Cities'
staff development review committees, or equivalent body, as appropriate,
when comprehensive plan amendments, rezonings or Development of
Regional Impact proposals or amendments are proposed that would
create an increase in the number of residential units. It shall be the
responsibility of School Board staff to be prepared to comment in writing to
the local staff development review committees at least five (5) days prior
to the meeting or development review committee review, for their
consideration. These comments shall include a statement that the
application will be subject to public school concurrency review at the plat,
site plan or functional equivalent stage, consistent with Section 9 of this
Amended and Restated Agreement. A copy of the application shall be
delivered to the School Board representative at least fifteen (15) working
days prior to the proposed meeting date, or on the date the agenda is
distributed. The School Board's review shall be conducted in accordance
with agreed upon procedures to be developed through a collaborative
process with the Staff Working Group.
7.3 The County and the Cities agree to transmit to the School Board
copies of proposed comprehensive plan amendments, rezonings, and
Development of Regional Impact proposals or amendments that may
affect student enrollment, enrollment projections, or school facilities
7.4 Within thirty (30) days after receipt of notification by the local
government, which notification shall include development plans, the
School Board will advise the local government of the school enrollment
impacts anticipated to result from the proposed comprehensive plan
amendment, rezoning, or Development of Regional Impact proposals or
amendments The School Board will also include capacity information on
approved charter schools that provide relief in the area of impact. The
School Board may charge anon-refundable application fee payable to the
School Board to reimburse the cost to review comprehensive plans,
rezonings and Development of Regional Impact proposals or amendments
pursuant to this Section. In that event, payment may be required prior to
the commencement of review.
7.5 The review by the School Board staff regarding comprehensive
plan amendments, rezonings and Development of Regional Impact
proposals or amendments containing residential units shall be classified
as "Public Schools Planning Level Review (Schools Planning Level
Review)". The Schools Planning Level Review does not constitute public
school concurrency review. This Section shall not be construed to
obligate a City or County to deny or approve (or to preclude a City or
County from approving or denying) an application.
7.6 In the review and consideration of comprehensive plan
amendments, rezonings, and Development of Regional Impact proposals
14
or amendments, and their respective potential school impacts, the County
and Cities should consider the following issues:
a. School Board comments, which may include available school
capacity or planned improvements to increase school capacity,
including School Board approved charter schools and operational
constraints (e.g., establishment of or modifications to attendance
boundaries and controlled choice zones), if any, that may impact
school capacity within an area, including public-private
partnerships. Failure of the School Board to provide comments to
the County or Cities within thirty (30) days as specified in Section
7.4 may be considered by the parties as a response of "no
comment." In such a scenario, the County and Cities shall not be
obligated to delay final action by the County Commission or City
Council;
b. The provision of school sites and facilities within planned
neighborhoods;
c. Compatibility of land uses adjacent to existing schools and
reserved or proposed school sites;
d. The potential for collocation of parks, recreation and
neighborhood facilities with school sites;
e. The potential for linkage of schools, parks, libraries and other
public facilities with bikeways, trails, and sidewalks for safe access;
f. Traffic circulation plans that serve schools and the surrounding
neighborhood, including off-site signalization, signage, and access
improvements; and
g. The general location of public schools proposed in the District
Facilities Work Program as well as other available information over
a ten (10) and twenty (20) year time frame.
7.7 In formulating community development plans and programs, the
County and Cities should consider the following issues:
a. Giving priority to scheduling capital improvements that are
coordinated with and meet the capital needs identified in the District
Facilities Work Program;
b. Providing incentives that promote collaborative efforts between
the School Board and the private sector to develop adequate
school facilities in residential developments;
c. Targeting community development improvements in older and
distressed neighborhoods near existing or proposed School Board
15
owned and operated public schools and School Board approved
charter schools;
d. Coordination with neighboring jurisdictions to address public
school issues of mutual concern; and
e. Approval and funding of community development districts (CDD)
and other available funding mechanisms created by state law.
Section 8. Collocation and Shared Use
8.1 Collocation and shared use of facilities are important to both the
School Board and local governments. The School Board, Cities and
County will work together, via the Staff Working Group, the SSPCC, and
the Citizens Oversight Committee to look for opportunities to collocate and
share use of school facilities and civic facilities when preparing the District
Facilities Work Program. 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, potential opportunities for
collocation and shared use with public schools will be considered where
compatible for existing or planned libraries, parks, recreation facilities,
community centers, auditoriums, learning centers, museums, performing
arts centers, and stadiums. In addition, the potential for collocation and
shared use of school and governmental facilities for joint use by the
community will also be considered.
8.2 A separate agreement or an amendment to a master agreement
between the School Board and the appropriate local government will be
developed for each instance of collocation and shared use, which
addresses legal liability, operating and maintenance costs, scheduling of
use, and facility supervision or any other issues that may arise from
collocation and shared use.
8.3 Collocation and shared use as provided for in this Amended and
Restated Agreement may include the sharing of county and municipal
facilities for student use, such as use of a park for park purposes by
students from a neighboring public school, and similarly may include the
use of public school facilities by the community.
8.4 In order to maximize the efficient utilization of public funding and to
further the collocation and shared use of county and municipal facilities
with School Board-owned and operated public schools, local governments
are strongly encouraged not to require the provision or enhancement of
charter school facilities as a condition of local development approval.
16
Section 9. Implementation of Public School Concurrent
9.1 This section establishes the mechanisms for coordinating the
development, adoption, and amendment of the District Facilities Work
Program, as well as the Public School Facilities Elements and the
Intergovernmental Coordination and Capital Improvements Elements of
the County and Cities' comprehensive plans, in order to implement a
uniform districtwide public school concurrency system as required by law.
9.2 The School Board, County and Cities agree to the following
principles for public school concurrency in Miami-Dade County:
(a) Capacity Methodology and Formula for Availability: The
uniform methodology for determining if a particular school is overcapacity
shall be determined by the School Board and adopted into the County's
and Cities' comprehensive plans. The School Board hereby selects
Florida Inventory of School Houses (FISH) capacity as the uniform
methodology to determine the capacity of each school. The capacity and
enrollment numbers for a school shall be determined once a year, in
October.
The School Board will issue an evaluation report determining whether
adequate school capacity exists for a proposed development, based on
the adopted Level of Service Standards, concurrency service areas, and
other standards set forth in this Amended and Restated Agreement, as
follows:
1. Calculate total school facility capacity by adding
the capacity provided by an existing school facility to the capacity of
any planned school facilities programmed to provide relief to that
school facility, listed in the first three (3) years of the District
Facilities Work Program.
2. Calculate available school facility capacity by
subtracting from the total school facility capacity the sum of:
a. Current student enrollment (school facility capacity
consumed by preexisting development);
b. The portion of reserved capacity having a valid
unexpired certificate of concurrency from the School Board;
and
c. The portion of previously approved development
(vested from concurrency) projected to be developed within
three (3) years.
17
3. Calculate the proposed development's demand for
school facility capacity by:
a. Applying the student generation rate to the proposed
development to determine its total demand; and
b. Subtracting a credit for the total district-wide
enrollment of magnet and charter school facilities.
4. Subtract the proposed development's demand for
school facility capacity from the available school facility
capacity to determine if there is a deficit. If so, repeat the process
to determine if school facility capacity is available in any contiguous
Concurrency Service Area ("CSA") in the same Geographic Area
(Northwest, Northeast, Southwest, or Southeast), which map is
attached hereto as Exhibit 2.
The School Board may charge anon-refundable application fee payable to
the School Board to reimburse the cost to review matters related to public
school concurrency. In that event, payment may be required prior to the
commencement of review.
In evaluating a final subdivision, site plan, or functional equivalent for
concurrency, any relevant programmed improvements in the current year,
or Years 2 or 3 of the District Facilities Work Program shall be considered
available capacity for the project and factored into the Level of Service
analysis. Any relevant programmed improvements in Years 4 or 5 of the
District Facilities Work Program shall not be considered available capacity
for the project unless funding to accelerate the improvement is assured
through the School Board, through proportionate share mitigation or some
other means of assuring adequate capacity will be available within three
(3) years. Relocatable classrooms may be used by the Miami-Dade
County Public School System as an operational solution during
replacement, renovation, remodeling or expansion of a public school
facility; and in the event of a disaster or emergency which prevents the
School Board from using a portion of the affected school facility.
(b) Level of Service Standards: Public school concurrency shall be
applied on a less than district-wide basis, to concurrency service areas as
described in subsection (c), except for Magnet Schools where public
school concurrency shall be applied on a district wide basis. Level of
Service standards for public school facilities apply to those traditional
educational facilities, owned and operated by Miami-Dade County Public
Schools, that are required to serve the residential development within their
13
established concurrency service area. Level of Service standards do not
apply to charter schools. However, the actual enrollment (October Full
Time Equivalent (FTE)) of both magnet and charter schools as a
percentage of the total district enrollment will be credited against the
impact of development.
The uniform, district-wide Level of Service Standards for Public School
Facilities are initially set as follows, and shall be adopted in the County's
and Cities' Public School Facilities Elements and Capital Improvements
Elements:
1. The adopted Level of Service (LOS) Standard for all
Miami-Dade County Public School facilities is 100% FISH Capacity
(With Relocatable Classrooms). This LOS Standard, except for
Magnet Schools, shall be applicable in each public school
concurrency service area (CSA), defined as the public school
attendance boundary established by the Miami-Dade County Public
Schools.
2. The adopted LOS standard for Magnet Schools is 100%
of FISH (With Relocatable Classrooms) which shall be calculated
on a district-wide basis.
3. It is the goal of Miami-Dade County Public Schools and
Miami-Dade County for all public school facilities to achieve 100%
utilization of Permanent FISH (No Relocatable Classrooms) by
January 1, 2018. To help achieve the desired 100% of permanent
FISH utilization by 2018, Miami-Dade County Public Schools
should continue to decrease the number of relocatable classrooms
over time. Public school facilities that achieve 100% utilization of
Permanent FISH capacity (No Relocatable Classrooms) should, to
the extent possible, no longer utilize relocatable classrooms, except
as an operational solution. Beginning January 1, 2013, the Miami-
Dade County Public Schools will implement a schedule to eliminate
all remaining relocatable classrooms by January 1, 2018.
By December 2010, Miami-Dade County in cooperation with Miami-
Dade County Public Schools will assess the viability of modifying
the adopted LOS standard to 100% utilization of Permanent FISH
(No Relocatable Classrooms) for all CSAs.
4. Relocatable classrooms may be used by the Miami-Dade
County Public School System as an operational solution during
replacement, renovation, remodeling or expansion of a public
school facility; and in the event of a disaster or emergency which
19
prevents the School Board from using a portion of the affected
school facility.
Potential amendments to these LOS Standards shall be considered at
least annually at the Staff Working Group meeting to take place no later
than April 30 or October 31 of each year. If there is a consensus to
amend any LOS Standard, it shall be accomplished by the execution of an
amendment to this Amended and Restated Agreement by all parties and
the adoption of amendments to the County's and each City's
comprehensive plan. The amended LOS Standard shall not be effective
until all plan amendments are effective and the amendment to this
Amended and Restated Agreement is fully executed. No LOS Standard
shall be amended without a showing that the amended LOS Standard is
financially feasible and can be achieved and maintained over the five
years of the District Facilities Work Program.
After adoption of the District's first Facilities Work Program which was
relied on for public school concurrency requirements, capacity shall be
maintained within each year of the District's subsequent Facilities Work
Program. If the impact of the project will not be felt until Years 2 or 3 of
the District Facilities Work Program, then any relevant programmed
improvements in those years shall be considered available capacity for the
project and factored into the Level of Service analysis. If the impact of the
project will not be felt until Years 4 or 5 of the District Facilities Work
Program, then any relevant programmed improvements shall not be
considered available capacity for the project unless funding of the
improvement is assured, through School Board funding, the proportionate
share mitigation process, or some other means, and the project is
accelerated into the first three (3) years of the District Facilities Work
Program.
(c) concurrency Service Areas: The concurrency Service Area
(CSA) shall be the student attendance boundaries for elementary, middle
and high schools. The concurrency service area boundaries shall be part
of the data and analysis in support of the County's and Cities'
comprehensive plans. concurrency service areas shall maximize capacity
utilization, taking into account transportation costs, limiting maximum
student travel times, the effect of court-approved desegregation plans,
achieving socio-economic, racial, cultural and diversity objectives, and
other relevant factors as determined by the School Board's policy on
maximization of capacity.
The School Board shall address how capacity has been maximized in the
affected concurrency service area. For purposes of this Amended and
Restated Agreement, maximization of capacity shall mean any operational
or physical adjustment that increases the available capacity of a school or
20
a concurrency service area. Maximization may take into account several
factors, including transportation costs, student travel times, socio-
economic objectives, and recognition of the timing of capacity
commitments. These adjustments may include, but are not limited to,
physical changes to the school facility such as expansions or renovations,
and operational changes such as staggered schedules,. floating teachers,
or reassignment of students. The types of physical and operational
adjustments to school capacity that will be used in Miami-Dade County,
and the circumstances under which they are appropriate, will be
determined by the School Board's policy on maximization of capacity, as
set forth in the Public School Facilities Element.
Potential amendments to the concurrency service areas, other than
periodic adjustments to student attendance boundaries, or to redefine the
concurrency service area as a different type of boundary or area shall be
considered annually at the Staff Working Group meeting to take place
each year no later than April 30 or October 31, and shall take into account
the issue of maximization of capacity. Other considerations for amending
the concurrency service areas may include safe access (including factors
such as the presence of sidewalks, bicycle paths, turn lanes and
signalization, general walkability), diversity, and geographic or manmade
constraints to travel. If there is a consensus to change the concurrency
service area to a different type of service area or geographic configuration,
it shall be accomplished by the execution of an amendment to this
Amended and Restated Agreement. The changed concurrency service
area shall not be effective until the amendment to this Amended and
Restated Agreement is fully executed and related amendments to the
County and Cities' comprehensive plans are adopted. Proposed
amendments to the concurrency service areas shall be presented to the
Staff Working Group and incorporated as updated data and analysis in
support of the County's and Cities' comprehensive plans. No concurrency
service area shall be amended or redefined without a showing that the
amended or redefined concurrency service area boundaries are financially
feasible and can be achieved and that the adopted LOS Standard can be
maintained over the five years of the District Facilities Work Program.
If maximization of capacity has not resulted in sufficient capacity, so that
the adoption of the development proposal would result in a failure to meet
the Level of Service Standard, and if capacity is available in one or more
contiguous concurrency service areas within the first three years of the
District Facilities Work Program in the same Geographic Area (Northwest,
Northeast, Southwest, Southeast) as the development, the School Board,
at its discretion, shall determine the contiguous concurrency service area
to which the development impacts will be shifted. If there is still not
enough capacity to absorb the impacts of the development proposal after
maximization of capacity and shifting of impacts, then the School Board
21
will notify the local government in writing of the finding, and the local
government shall then notify the applicant of the finding.
(d) Student Generation Multipliers: The School Board staff,
working with the County staff and Cities' staffs, have developed and
applied student generation multipliers for residential units by type and
Minor Statistical Area for schools of each type, considering past trends in
student enrollment in order to project school enrollment. The student
generation rates shall be determined by the School Board in accordance
with professionally accepted methodologies, shall be updated at least
every three (3) years inasmuch as possible, and shall be adopted into the
County's and Cities' comprehensive plans. The school enrollment
projections will be included in the tentative district educational facilities
plan provided to the County and Cities each year as specified in
Subsection 3.1 of this Amended and Restated Agreement.
(e) concurrency Management System: The County and Cities
shall amend the concurrency management systems in their land
development regulations to require that all non-exempt new residential
units be reviewed for public school concurrency at the time of final plat or
site plan (or functional equivalent), using the coordination processes
specified in Section 7 above, within one hundred and twenty (120) days of
the effective date of the Comprehensive Plan amendment(s) implementing
public school concurrency. In the event that the Comprehensive Plan
amendment(s) or amendment(s) to this Amended and Restated
Agreement, which are necessary to implement public school concurrency
are challenged, the land development regulations shall be adopted within
one hundred and twenty (120) days after the resolution of such challenge.
The County or any City may choose to request from the School Board's
staff and provide an informational assessment of public school
concurrency at the time of preliminary plat or subdivision, but the test of
concurrency shall be at final subdivision, site plan (or functional
equivalent). The assessment of available capacity by the School Board
shall consider maximization of capacity and shifting of impacts as further
detailed above. The County and Cities shall not deny a final subdivision
or site plan (or functional equivalent) for the failure to achieve and
maintain the adopted Level of Service Standard for public school capacity
where:
(i) adequate school facilities will be in place or under actual
construction within three (3) years after the issuance of the
final subdivision or site plan (or functional equivalent); or
(ii) the developer executes a legally binding commitment to
provide mitigation proportionate to the demand for public
school facilities to be created by the actual development of
22
the property subject to the final plat or site plan (or functional
equivalent) as provided in Section 9.2(g) below.
However, this Amended and Restated Agreement shall not be construed
to limit the authority of any City or the County to deny the final plat or site
plan (or functional equivalent) for reasons other than failure to achieve and
maintain the adopted Level of Service Standard for public school capacity.
The County and Cities, in consultation with the School Board, shall also
amend their concurrency management systems in their land development
regulations to address public school facilities, so that the annual
monitoring reports provided to their governing bodies shall cover schools
as well as the other concurrency facilities within one hundred and twenty
(120) days of the effective date of this Amended and Restated Agreement.
Upon final action by the City or County regarding the application for final
plat, site plan or functional equivalent, the City or County shall send
written notice to the School Board indicating that the application was
granted final approval or denied. If the application received final approval,
the school concurrency approval for the development and anticipated
students shall be valid for up to two (2) years, beginning from the date the
application received final approval from the City or County, except as may
be provided by federal law and as further specified in the applicable
concurrency management system regulations, unless otherwise released
by the appropriate governing body in which case, within ten (10) business
days of the release the appropriate governing body shall notify the School
Board of such and request the capacity reservation be cancelled. An
extension of the reservation period may be granted when the applicant
demonstrates that development has commenced on a timely basis and is
continuing in good faith, provided that the total reservation period does not
exceed six (6) years, as further specified in the applicable concurrency
management system regulations. If the application was denied, the School
Board's staff shall deduct from its database the students associated with
the application.
(f) Proportionate Share Mitigation: The School Board shall
establish within the District Facilities Work Program the following
standards for the application of proportionate share mitigation:
1. Student Generation Multipliers for single family, multi
family and mobile home housing types for elementary, middle and
high schools. Student Generation Multipliers shall be based upon
the best available district-specific data and derived by a
professionally acceptable methodology acceptable to the School
Board;
23
2. Cost per Student Station estimates for elementary,
middle and high schools. Such estimates shall include all cost of
providing instructional and core capacity including, without
limitation, land, design, buildings, equipment and furniture, and site
improvements. The cost of ancillary facilities that generally support
the School Board and the capital costs associated with the
transportation of students shall not be included in the Cost per
Student Station estimate used for proportionate share mitigation;
3. The capacity of each school; and
4. The current and reserved enrollment of each school.
The above factors shall be reviewed annually and certified for
application for proportionate share mitigation purposes during the
period that the District Facilities Work Program is in effect.
In the event that there is not sufficient capacity in the affected or
contiguous concurrency service area to address the impacts of a
proposed development, the following steps shall apply. Either (i) the
project must provide capacity enhancement sufficient to meet its impacts
through proportionate share mitigation; or (ii) a condition of approval of the
site plan or final plat (or functional equivalent) shall be that the project's
impacts shall be phased and building permits shall be delayed to a date
when capacity enhancement and Level of Service can be assured; or (iii)
the project must not be approved. The school board and the affected local
government shall coordinate on the possibility of mitigation.
Options for providing proportionate share mitigation for any approval of
additional residential dwelling units that triggers a failure to meet the Level
of Service Standard for public school capacity will be specified in the
County's and Cities' Public School Facilities Elements. Options shall
include the following:
1. Money -Contribute full capital cost of a planned project, or project
proposed to be added to the first three (3) years of the District Facilities
Work Program, in the affected concurrency service areas, providing
sufficient capacity to absorb the excess impacts of the development,
on land owned by the School Board or donated by another
development.
2. Land -Donate land to and/or capital dollars equal to the cost of impact
to the School Board needed for construction of a planned project, or
project proposed to be added to the first three (3) years of the District
Facilities Work Program in the affected concurrency service areas, and
24
the School Board or some other entity funds the construction of or
constructs the project.
3. Construction - Build a planned project, or project proposed to be added
to the first three (3) years of the District Facilities Work Program, on
land owned by the School Board or donated by another development,
with sufficient capacity to absorb the excess impact of the development
in the affected concurrency service area. (Usually, projects are more
than one classroom).
4. Mix and Match -Combine two or more of these options to provide
sufficient capacity to mitigate the estimated impact of the residential
development on the affected concurrency service areas.
5. Mitigation banking -Mitigation banking within designated areas based
on the construction of a public school facility in exchange for the right
to sell capacity credits. Capacity credits shall only be transferred to
developments within the same concurrency service area or a
contiguous concurrency service area. Mitigation banking shall be
administered by the School Board in accordance with the requirements
of the concurrency mitigation system.
Proportionate-share mitigation must be acceptable to the School Board.
Mitigation shall be directed to projects in the first three (3) years of the
District Facilities Work Program that the School Board agrees will satisfy
the demand created by that development approval.
The amount of mitigation required shall be calculated based on the cost
per student station., as defined above, and for each school type
(elementary, middle and high) for which there is not sufficient capacity.
The Proportionate Share for a development shall be determined by the
following formulas:
Number Of New Student Stations Required For Mitigation (By School
Type) _
[Number Of Dwelling Units Generated By Development Proposal, By
Housing Type x
Student Generation Multiplier (By Housing Type And School Type)] -
Credit for Districtwide Capacity of Magnet Schools and Charter
Schools -
Number of Available Student Stations
Cost of Proportionate Share Mitigation =
Number Of New Student Stations Required For Mitigation (By School
Type) x Cost Per Student Station (ey School Type).
25
The full cost of proportionate share mitigation shall be required from the
proposed development.
The local government and the School Board shall consider the evaluation
report and the options that may be available for proportionate share
mitigation including the amendment of the District Facilities Work
Program. If the local government and the School Board find that options
exist for proportionate share mitigation, they shall authorize the
preparation of a development agreement and other documentation
appropriate to implement the proportionate share mitigation option(s). A
legally binding development agreement shall be entered into between the
School Board, the relevant local government, and the applicant and
executed prior to issuance of the final plat, site plan or functional
equivalent. In that agreement, if the School Board accepts the mitigation,
the School Board must commit to place the improvement required for
mitigation on the first three (3) years of the Five Year Plan. This
development agreement shall include the landowner's commitment to
continuing renewal of the development agreement until the mitigation is
completed as determined by the School Board. This agreement shall also
address the amount of the impact fee credit that may be due for the
mitigation, and the manner in which it will be credited.
Upon execution of a development agreement among the applicant, the
local government and the School Board, the local government may issue a
development order for the development. The development order shall
condition approval upon compliance with the development agreement.
9.3 Updates to Public School Concurrency: The School Board,
County and Cities shall use the processes and information sharing
mechanisms outlined in this Amended and Restated Agreement to ensure
that the uniform district-wide public school concurrency system is updated,
the District Facilities Work Program remains financially feasible in the
future, and any desired modifications are made. The District's updated
Five-Year Plan will be adopted into the County's and Cities' capital
improvement elements no later than December 1 of each year.
The School Board shall not amend the District Facilities Work Program as
to modify, delay or delete any project that affects student capacity in the
first three (3) years of the Five Year Plan unless the School District staff,
with the concurrence of a majority of the School Board members, provides
written confirmation that:
1. The modification, delay or deletion of a project is required in
order to meet the School Board's constitutional obligation to provide
26
a county-wide uniform system of free public schools or other legal
obligations imposed by state or federal law; or
2. The modification, delay or deletion of a project is occasioned
by unanticipated change in population projections or growth
patterns or is required in order to provide needed capacity in a
location that has a current greater need than the originally planned
location and does not cause the adopted LOS standard to be
exceeded in the Concurrency Service Area from which the
originally planned project is modified, delayed or deleted; or
3. The project schedule or scope has been modified to address
local government concerns, and the modification does not cause
the adopted LOS standard to be exceeded in the Concurrency
Service Area from which the originally planned project is modified,
delayed or deleted; and
4. The Staff Working Group has had the opportunity to review
the proposed amendment and has submitted its recommendation to
the Superintendent or designee.
The School Board may amend the District Facilities Work Program at any
time to add necessary capacity projects to satisfy the provisions of this
Agreement. For additions to the District Facilities Work Program, the
School Board must demonstrate its ability to maintain its financial
feasibility.
9.4 Exemptions and Vested Development: The following types of
developments shall be exempt from the requirements of public school
concurrency:
a. Developments that result in a total impact of less than one (1)
student in any level or type of school; and
b. Development with covenants restricting occupancy to exclude
school age children (e.g., 55 and over).
The following types of developments shall be considered vested from the
requirements of public school concurrency:
a. Developments with a valid, unexpired site plan or final plat or
functional equivalent, as of December 31, 2007;
b. Developments that have executed and recorded covenants or
have provided monetary mitigation payments, as of December 31,
27
2007, under the School Board's current voluntary mitigation
procedures;
c. Any Development of Regional Impact for which a development
order was issued, pursuant to Chapter 380, Florida Statutes, prior
to July 1, 2005. Also, any Development of Regional Impact for
which an application was submitted prior to May 1, 2005.
Section 10. Resolution of Disputes
10.1 If the parties to this Amended and Restated Agreement are unable to
resolve any issue in which they may be in disagreement covered in this
Amended and Restated Agreement, the applicable parties to the dispute
will employ dispute resolution procedures pursuant to Chapter 164 or
Chapter 186, Florida Statutes, as amended from time to time, or any other
mutually acceptable means of alternative dispute resolution. Each party
shall bear their own attorney's fees and costs.
Section 11. Oversight Process
11.1 The School Board shall appoint up to nine (9) citizen members, the
County and the Miami-Dade County League of Cities shall each appoint
up to five (5) citizen members to serve on a committee to monitor
implementation of this Amended and Restated Agreement. The School
Board shall organize and staff the meetings of this Citizens Oversight
Committee, calling on the Staff Working Group for assistance as needed.
It shall provide no less than seven (7) days written notice of any meeting
to the members of the Citizens Oversight Committee, the Staff Working
Group, the SSPCC, County, Cities and to the public. Citizens Oversight
Committee members shall be invited by the School Board to attend all
meetings referenced in Sections 1 and 4 and shall receive copies of all
reports and documents produced pursuant to this Amended and Restated
Agreement. The Citizens Oversight Committee shall appoint a
chairperson, meet at least annually, and report to participating local
governments, the School Board and the general public on the
effectiveness with which the interlocal agreement is being implemented. At
least sixty (60) days prior to the annual meeting of the Citizens Oversight
Committee, the Staff Working Group and the SSPCC shall each submit an
annual report regarding the status of the implementation and effectiveness
of the Agreement. These annual reports shall additionally be distributed to
all parties to this Amended and Restated Agreement. Meetings of the
Citizens Oversight Committee shall be conducted as public meetings, and
provide opportunities for public participation. The Citizens Oversight
Committee shall adopt bylaws that shall govern its operation.
28
Section 12. Effective Date and Term
This Amended and Restated Agreement shall take effect upon the date of
publication of a Notice of Intent to find it consistent with the requirements
of Section 163.31777(2), Florida Statutes. This Amended and Restated
may be executed in any number of counterparts, each of which will be
deemed an original, but all of which together will constitute one and the
same instrument and be the agreement between the parties. The failure
of any party to execute the Agreement by January 1, 2008 may subject
that party to penalties as provided by statute. This Amended and Restated
Agreement may be amended by mutual adoption by all parties, at the
yearly joint meeting or as the situation warrants. This Amended and
Restated Agreement may be earlier cancelled by mutual agreement of
individual Cities or County and the School Board, unless otherwise
cancelled as provided or allowed by law. In such a case, the withdrawing
party/ies and the School Board may be subject to sanctions from the
Administration Commission and the Florida Department of Education,
unless they enter into a separate agreement within 30 days that satisfies
all of the relevant requirements of Florida Statutes. Any separate
agreement must be consistent with the uniform district-wide public school
concurrency system.
Section 13. Severabilitv
If any item or provision of this Amended and Restated Agreement is held
invalid or unenforceable, the remainder of the Agreement shall not be
affected and every other term and provision of this Amended and
Restated Agreement shall be deemed valid and enforceable to the extent
permitted by law.
Section 14. Notice and General Conditions
A. All notices which may be given pursuant to this Amended and
Restated Agreement, except notices for meetings provided for
elsewhere herein, shall be in writing and shall be delivered by personal
service or by certified mail return receipt requested addressed to the
parties at their respective addresses indicated below or as the same
may be changed in writing from time to time. 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.
29
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Town Manager
Town of Bay Harbor Islands
9665 Bay Harbor Terrace
Bay Harbor Islands, Florida 33154
City Manager
City of Coral Gables
P.O. Box 141549
Coral Gables, Florida 33114-1549
Town Manager
Town of Cutler Bay
10720 Caribbean Blvd., Suite 105
Cutler Bay, FL 33189
City Manager
City of Doral
8300 NW 53rd Street, Suite 100
Doral, FL 33166
Mayor
Village of EI Portal
500 N.E. 87 Street
EI Portal, Florida 33138-3517
Mayor
City of Florida City
P.O. Box 343570
Florida City, Florida 33034-0570
Mayor
City of Hialeah
P.O. Box 110040
Hialeah, Florida 33011-0040
Chief Zoning Official
City of Hialeah Gardens
10001 N.W. 87 Avenue
Hialeah, Gardens, Florida 33016
30
City Manager
City of Homestead
790 North Homestead Boulevard
Homestead, Florida 33030
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
City Manager
City of Miami Gardens
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
Town Manager
Town of Miami Lakes
6853 Main Street
Miami Lakes, Florida 33014
Village Manager
Village of Miami Shores
10050 N.E. Second Avenue
Miami Shores, Florida 33138
City of Miami Springs
201 Westward Drive
Miami Springs, Fiorida 33166-5259
31
City Manager
City of North Bay Village
7903 East Drive
North Bay Village, Florida 33141
City Manager
City of North Miami
776 N.E. 125 Street
North Miami, Florida 33161
City Manager
City of North Miami Beach
17011 N.E. 19 Avenue
North Miami Beach, Florida 33162
Director of Community Development and Planning
City of Opa-Locka
777 Sharazad Boulevard
Opa-Locka, Florida 33054
Village Attorney
The Village of Palmetto Bay
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
Planning Director
Village of Pinecrest
12645 Pinecrest Parkway
Pinecrest, Florida 33156
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Deputy City Attorney
City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach, Florida 33160
Mayor
City of Sweetwater
500 S.W.109 Avenue
Sweetwater, Florida 33174-1398
32
City Manager
City of West Miami
901 S.W. 62 Avenue
West Miami, Florida 33144
Miami-Dade County
Director Department of Planning & Zoning
111 N.W. First Street
Miami, Florida 33128
Superintendent
The School Board of Miami-Dade County, Florida
1450 N. E. 2 Avenue, Room 912
Miami, Florida 33132
B. Title and Paragraph headings are for convenient reference and are not
intended to confer any rights or obligations upon the parties to this
Amended and Restated Agreement.
Section 15. Mercer Clause
This Amended and Restated Agreement, together with the Exhibits hereto,
sets forth the entire agreement between the parties and there are no
promises or understandings other than those stated therein. It is further
agreed that no modification, amendment or alteration of this Amended and
Restated Agreement shall be effective unless contained in a written
document executed with the same formality and of equal dignity herein.
The Exhibits to this Amended and Restated Agreement will be deemed to
be incorporated by reference as though set forth in full herein. In the
event of a conflict or inconsistency between this Amended and Restated
Agreement and the provisions in the incorporated Exhibits, then Amended
and Restated Agreement will prevail.
Any amendment to this Amended and Restated Agreement requested by
a local legislative body of the County or a participating municipality will be
placed on a School Board Agenda for consideration within sixty (60) days
of the School Board's receipt of such request. Likewise, any amendments
to this Amended and Restated Agreement requested by the School Board
will be placed on the agenda of the local legislative body of the County
and participating municipalities for consideration, within sixty (60) days of
receipt of the request.
33
Section 16. Counterparts Clause
This Amended and Restated Agreement may be executed in counterparts
and facsimiles shall constitute best evidence for all purposes.
Section 17. Supplementary Agreements
All parties to this Amended and Restated Agreement stipulate that the
School Board may enter into Supplementary Agreements with individual
municipalities to address individual circumstances. Any such
Supplementary Agreement shall be consistent with the statutes governing
this Amended and Restated Agreement.
Section 18. Favored Nations
Should the School Board enter into an agreement with another
municipality or County, separate or otherwise, which provides more
beneficial terms than those agreed to herein, the School Board shall offer
the same terms to all other parties to this Amended and Restated
Agreement.
Section 19. Exempt or Waived Municipalities
19.1. In cases where a municipality or other unit of local government (that
is not a party to this. Amended and Restated Agreement by virtue of
statutory exemption or waiver) and whose decisions and/or actions with
respect to development within the municipality's or unit of local
government's jurisdiction, may impact on municipalities or units of local
government which are parties to this Amended and Restated Agreement,
the School Board agrees to contact, through its representatives or
appropriate designees, these non-parties and invite them to become
signatories to this Amended and Restated Agreement. Failure to secure a
response or to have non-signatories become signatories to this Amended
and Restated Agreement shall neither constitute, nor be considered, a
breach of this Amended and Restated Agreement.
19.2 This section shall not be interpreted to prevent exempt or waived
municipalities from participating in the processes under this Amended and
Restated Agreement as they may relate to any public school facilities
located in unincorporated Miami-Dade County.
Section 20. No 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 and Restated Agreement. None of the parties intend to
directly or substantially benefit a third party by this Amended and Restated
34
Agreement. The parties agree that there are no third party beneficiaries to
this Amended and Restated Agreement, and that no third party shall be
entitled to assert a claim against any of the parties based upon this
Amended and Restated 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.
IN WITNESS WHEREOF, this Amended and Restated Interlocal Agreement has
been executed by and on behalf of Miami-Dade County, the Cities of City of
Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay,
City of Doral, Village of EI Portal, City of Florida City, City of Hialeah, City of
Hialeah Gardens, City of Homestead, Village of Key Biscayne, City of Miami, City
of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of Miami
Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City
of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of
Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater,
and the City of West Miami, and the School Board of Miami-Dade County,
Florida, on this ~~ day of l~ecc n'her' , 2007.
The School Board of Miami Dade County, Florida
Attest: ~..(ist~J ~/' .t7~C~7 (print)
Attest:~~,~ _~ (print)
By: air
~ stin J rrera, Chair
Attest: ~ ~ - ~J (prin
By: ,Secretary
Dr. R dolph F. Cre ,Superintendent
Approv as to forlm and legal sufficiency:
School Boar
35
Signature page to be provided by each municipality.
36
GLOSSARY
Contiguous Concurrency Service Areas: Concurrency Service Areas which are
contiguous and touch along one side of their outside geographic boundary.
Affected Local Government: Any jurisdiction within 1,500 feet of, or whose utilities are
utilized by the property or improvement under consideration by the School Board.
Ancillary Facilities: The building, site and site improvements necessary to provide
support services to the School Board's educational program including, but not limited to
vehicle storage and maintenance, warehouses or administrative buildings.
Applicant: For the purposes of school concurrency, any person or entity undertaking a
residential development.
Attendance Boundary: The geographic area which is established to identify the public
school assignment of students residing within that area.
Available Capacity: Existing school capacity which is available within a Concurrency
Service Area including any new school capacity that will be in place or under actual
construction, as identified in the first three years of the School District's Five Year
Capital Plan.
Cities: The municipalities within Miami-Dade County, except those that are exempt from
the Public School Facilities Element, pursuant to Section 163.3177(12), F.S.
Comprehensive Plan: As provided by Section 163.3164(4), F.S., as amended, a plan
that meets the requirements of 163.3177 and 163.3178, F.S.
Concurrency: As provided for in Florida Administrative Code Rule 9J-5.003, the
necessary public facilities and services to maintain the adopted level of service
standards are available when the impacts of development occur.
Concurrency Service Area (CSA): A geographic area in which the level of service for
schools is measured when an application for residential development is reviewed for
school concurrency purposes.
Consistency: See Section 163.3194, F.S.
Development Order: As provided by Section 163.3164(7), F.S., as amended, any order
granting, or granting with conditions, an application for a development permit.
Educational Facility: The buildings and equipment, structures and special educational
use areas that are built, installed or established to serve educational purposes only.
Educational Plant Survey: a systematic study of schools conducted at least every five
years and submitted to the DOE for review and validation.. The survey includes an
inventory of existing educational and ancillary plants, and recommendations for future
needs.
37
Evaluation Report: A report prepared by the School District, identifying if school
capacity is available to serve a residential project, and if capacity exists, whether the
proposed development is conceptually approved or vested.
Exempt Local Government: A municipality which is not required to participate in school
concurrency when meeting all the requirements for having no significant impact on
school enrollment, per Section 163.3177(12)(b), F.S., or because it has received a
waiver from the Department of Community Affairs per Section 163.31777(1)(c), F.S.
Financial Feasibility: As provided in Section 163.3164(32), F.S., as amended, sufficient
revenues are currently available or will be available from committed funding sources for
the first 3 years, or will be available from committed or planned funding sources for years
4 and 5, of a 5-year capital improvement schedule for financing capital improvements,
such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees,
and Applicant contributions, which are adequate to fund the projected costs of the capital
improvements identified in the comprehensive plan necessary to ensure that adopted
level of service standards are achieved and maintained within the period covered by the
5-year schedule of capital improvements.
Five Year Plan: School District's annual comprehensive capital planning document, that
includes long range planning for facility needs over afive-year, ten-year and twenty-year
planning horizon. The adopted School District's Five-Year Work Program and Capital
Budget as authorized by Section 1013.35, F.S.
Florida Inventory of School Houses (FISH) -Permanent Capacity: The report of the
permanent capacity of existing public school facilities. The FISH capacity is the number
of students that may be housed in a facility (school) at any given time based on a
percentage of the total number of existing student stations and a designated size for
each program.
Geographic Area: One of four quadrants (Northwest, Northeast, Southwest, Southeast)
of Miami-Dade County as depicted in Exhibit 2 (attached).
Level of Service (LOS) Standard: As provided for in the Florida Administrative Code
Rule 9J-5.003, an indicator of the extent or degree of service provided by, or proposed
to be provided by, a facility based on and related to the operational characteristics of the
facility.
Local Governments: Miami-Dade County and/or the Cities located within its boundary.
Maximize Capacity Utilization: The use of student capacity in each CSA to the
greatest extent possible, based on the adopted level of service and the total number of
permanent student stations according to the FISH inventory, taking into account special
considerations such as, core capacity, special programs, transportation costs,
geographic impediments, court-ordered desegregation, and class size reduction
requirements to prevent disparate enrollment levels between schools of the same type
(elementary, middle, high) and provide an equitable distribution of student enrollment
district-wide.
38
Permanent School District Facilities: An area within a school that provides
instructional space for the maximum number of students in core-curricula courses which
are assigned to a teacher based on the constitutional amendment for class size
reduction and is not moveable.
Permanent Student Station: Zhe floor area in a permanent classroom required to
house a student in an instructional program, as determined by the FDOE.
Proportionate Share Mitigation: An Applicant improvement or contribution identified in
a binding and enforceable agreement between the Applicant, the School Board and the
Local Government with jurisdiction over the approval of the plat, site plan or functional
equivalent provide compensation for the additional demand on public school facilities
caused by the residential development of the property, as set forth in Section
163.3180(13)(e), F.S.
Public School Facilities: Facilities for the education of children from pre-kindergarten
through twelfth grade operated by the School District.
School Board: The governing body of the School District, a political subdivision of the
State of Florida and a body corporate pursuant to Section 1001.40, F.S.
School District of Miami-Dade County: The School District created .and existing
pursuant to Section 4, Article IX of the State of Florida Constitution.
Student Generation Multiplier (SGM): A rate used to calculate the number of students
by school type (elementary, middle, high) and housing type (single-family, multifamily,
etc.) that can be anticipated from a new residential development.
Type of School: Schools providing the same level of education, i.e. elementary, middle,
high school, or other combination of grade levels.
Utilization: A ratio showing the comparison of the total number of students enrolled to
the overall capacity of a public school facility within a Concurrency Service Area (CSA).
39
EXHIBIT I
6Gx13- 2C-1.083
Administrative Operations
EDUCATIONAL FACILITIES PLANNING, SITE SELECTION AND ACQUISITION,
AND CONSTRUCTION
Intent --The intent of the School Board is:
A. To establish abroad-based, external educational facilities committee,
to be called School Site Planning and Construction (SSPC)
Committee, to advise the School Board on the implementation of the
District's adopted five-year work program, and to make independent
recommendations to the School Board and the Superintendent of
Schools, which promote internal accountability and facilitate efficient
and effective delivery of public educational facilities throughout Miami-
Dade County.
B. To establish an internal, interdisciplinary staff committee, to be called
Technical Review (TR) Committee to provide staff coordination,
accountability and oversight of the formulation and implementation of
the District's adopted educational facilities plan.
C. To establish policies, procedures and assign responsibilities for the
planning, site selection and acquisition and construction of educational
facilities that will provide for public educational plant needs throughout
Miami-Dade County in accordance with School Board policy and State
law as set forth in Chapter 1013, Florida Statutes (F.S.).
D. To ensure that all priority educational facility projects are included in
the District's adopted educational facilities plan as provided in Section
1013.35, F.S. and that any changes to the adopted educational
facilities plan are supported by identified needs and priorities and
approved by the School Board.
E. To integrate the District's planning, site selection and acquisition and
construction functions so that educational facilities are available on a
timely and cost-effective basis in accordance with the District's
adopted educational facilities plan.
F. To establish policies and procedures for land acquisition in
accordance with Chapter 1013, Florida Statutes.
G. To establish effective procedures for obtaining appraisals pursuant to
Section 253.025, Florida Statutes, and for reviewing said appraisals.
6Gx13- 2C-1.083
H. To establish procedures and assign responsibilities to provide full
information to the School Board on all recommended land purchases
including the estimated cost of any work that must be performed on an
unimproved site to make it usable for the desired purpose, appraisals
of market value obtained in connection with the proposed acquisition,
and any other material information.
School Site Planning and Construction Committee
A. Establishment -- The School Board shall establish as a standing,
external committee, an educational facilities committee, to be called
the School Site Planning and Construction (SSPC) Committee, which
shall include parents, business community representatives,
construction, appraisal and real estate professionals and other
community stakeholders, which shall serve in an advisory capacity
and report directly to the School Board.
B. Purpose --The purpose of the SSPC Committee shall be as follows:
To advise the School Board on the formulation, priorities and
implementation of the District's adopted five-year work program
for educational plants and other related matters;
2. To make recommendations to the School Board on site
acquisitions, including alternatives, if any; and,
3. To make independent recommendations to the School Board
and to the Superintendent of Schools which promote internal
accountability and facilitate more efficient and effective delivery
by the District of public educational facilities throughout Miami-
Dade County.
C. Responsibilities -- The responsibilities of the SSPC Committee shall
be as follows:
Provide input, priorities and monitor the formulation,
amendment and implementation of the District's educational
facilities plan and other long-range plans as prescribed by
Section 1013.35, F.S.;
2. Provide input and monitor the District's educational plant
survey as prescribed by Section 1013.31, F.S.; '
Provide input, monitor and make recommendations including
priorities, to the School Board on the District's annual capital
outlay budget, as prescribed by Section 1013.61, F.S.;
6Gx13- 2C-1.083
4. Provide input, monitor and make recommendations to the
School Board on the District's site facilities planning, site
selection and acquisition, and construction programs and
alternatives, to ensure they are cost-effective and timely;
5. Review and transmit reports to the School Board, which
provide recommendation(s) onsite acquisitions, and contain all
relevant site analysis and supporting documentation for the
School Board's review and final action;
6. Review quarterly and forward to the School Board, status
reports on site selection and acquisition activities;
7. Evaluate annually and provide to the School Board ayear-end
report on the progress of site acquisition activities and facility
planning and construction programs, and where appropriate
provide recommendations for improved accountability,
efficiency and cost-effectiveness;
8. Provide such other advice or input as may become necessary
to ensure compliance with applicable state statutes and the
adopted educational facilities plan, and respond in writing to
requests from the School Board or the Superintendent of
Schools.
9. Review potential sites for new schools, as well as proposals for
significant renovation, location of relocatables or additions to
existing buildings, and potential closure of existing schools, and
make recommendations on these and all other issues within its
purview under this Rule for consideration by School Board
staff. As part of its deliberations, the SSPC Committee shall
ensure that the affected local governments, as defined under
the Interlocal Agreement for Public School Facility Planning in
Miami-Dade County, and any Supplemental Agreements
hereto, are afforded an opportunity to provide comments and
shall consider those comments in its deliberations.
10. Host a planning forum on an annual basis or more often as
may be needed, to review the School Board's acquisition
schedule and all other relevant issues stipulated under that
certain Interlocal Agreement that was entered into by the
School Board, Miami-Dade County, and all non-exempt local
governments, in accordance with Section 1013.33, Florida
Statutes. The SSPC Committee shall invite a representative
from each of the impacted units of government to participate in
the proceedings and to provide input and comments for
6Gx13- 2C-1.083
consideration by the SSPC Committee in its deliberations. The
forum will review the School Board's acquisition schedule and
all other relevant issues required by statute, and will include
appropriate staff members of the School Board, at least one
staff member of the County, and a representative from each of
the affected non-exempt local governments. Based on
information gathered during the review, the SSPC Committee
will submit recommendations to the Superintendent or
designee.
11. Assign one member to the Historic Schools Working Group
(Working Group) to provide a communications link between the
Working Group and the Committee. The SSPC will review
planning strategies and funding initiatives of the Working
Group for coordination with other district planning and budget
documents as provided, and will receive an annual planning
and progress report from the Working Group for transmittal to
the School Board.
D. Membership -- The SSPC Committee shall be composed of the
following voting members:
A business community representative appointed by the Board
of Trustees of the Greater Miami Chamber of Commerce;
The president of the Dade County PTA/PTSA, or designee;
The chair of the Diversity, Equity and Excellence Advisory
Committee (DEEAC) or designee;
The chair of the Attendance Boundary Committee, or designee;
A real estate appraiser appointed by the Florida Real Estate
Appraisal Board and practicing in Miami-Dade County;
Two real estate experts, one of whom is appointed by the
Realtor Association of Greater Miami and the Beaches,
Commercial Section, and one appointed by the Realtor
Association of Miami-Dade County. One appointee shall
represent the commercial real estate market and one
appointee shall represent the residential real estate market;
A registered surveyor, architect or engineer appointed by the
Chair of the School Board;
A School Board Member appointed on an annual basis by the
Chair of the School Board;
6Gx13- 2C-1.083
A Miami-Dade County representative selected by the County
Manager or designee;
A representative selected by the Miami-Dade County League
of Cities;
A floating member designated by the City Manager of the most
impacted municipality to which an SSPC agenda item relates,
or if it concerns an unincorporated area of Miami-Dade County,
this floating member shall be from the geographically nearest
municipality most impacted by the agenda item;
A member of the residential construction industry appointed by
the Builders Association of South Florida.
A member of the residential construction industry appointed by
the Latin Builders Association.
E. Operation --The SSPC Committee shall operate as follows:
Term of appointments and special conditions: Effective April 7,
2004, the term for fifty percent (50%) of the appointees of the
SSPC Committee shall be three (3) years, and fifty percent
(50%) of the appointees of the SSPC Committee shall be two
(2) years; the Chair shall delegate which appointees shall serve
two (2) year terms and three (3) year terms. Effective April 7,
2006, and thereafter, the term for all appointments and
reappointments shall be two (2) years. Prior to the expiration
of each appointment, the respective appointing entity shall be
requested to make an appointment or reappointment;
b. Quorum and Committee Chair: A quorum shall consist of a
majority of the membership. The SSPC Committee shall elect
a Chair and Vice-Chair every year;
Meetinos: Meetings shall be held regularly on a monthly basis,
unless there is no business to be conducted. Meetings shall
be conducted as prescribed in Section 286.011, F.S., and shall
be advertised at least five working days prior to the regularly
scheduled meeting date. A notice of the meeting shall be
posted at the Citizen Information Center. The meetings shall
be recorded and summary minutes distributed with the
subsequent meeting's agenda packet;
Staff Support: The Administrative Director, Facilities Planning,
and the Executive Director, Facilities Planning, shall provide
primary staff support to the SSPC Committee, including
preparation of agenda packets and meeting minutes, analytical
6Gx13- 2C-1.083
reports and supporting documentation. The Office of the
School Board Attorney shall provide legal support to the SSPC
Committee. The SSPC Committee may from time to time, as
required, request support from other District personnel;
e. Code of Ethics: The SSPC Committee is an advisory body to
the School Board. As such, as provided by F.S. 112.313(1),
the members of the SSPC Committee are subject to the
provisions of the Code of Ethics for Public Officers and
Employees, set forth in Chapter 112, Part III of the Florida
Statutes.
Lobbyists: Any and all lobbyists, as defined in School Board
Rule 6Gx13- 8C-1.21, present at an SSPC Committee
meeting, who wish to speak on an item being considered by
the SSPC Committee, shall first execute and file the required
form with the School Board Clerk's Office. A copy of the
executed form shall be made part of the official record for the
SSPC Committee meeting at which the lobbyists are present,
and shall be attached to the minutes of the meeting.
g. Lobbving: In the event that a SSPC Committee member is
contacted directly by a lobbyist in connection with any matter
that may foreseeably come before the Committee for action,
the Committee member shall orally disclose such contact at the
meeting in which the matter is up for consideration, and file a
memorandum of voting conflict, if applicable, as may be
required by in the State Code of Ethics for Public Officers and
Employees.
III. Technical Review Committee
A. Establishment -- The School Board shall establish the Technical
Review (TR) Committee, which shall be comprised of District staff
members and which shall serve in an advisory capacity and report
directly to the Superintendent of Schools.
B. Purpose --The purpose of the TR Committee shall be to provide staff
coordination, accountability and oversight of the formulation and
implementation of the District's adopted educational facilities plan.
C. Responsibilities --The responsibilities of the TR Committee shall be
as follows:
To formulate and recommend to the Superintendent of Schools
and to the SSPC Committee a tentative District facilities
educational facilities plan, as provided in Section 1013.35, F.S.;
6Gx13- 2C-1.083
2. To review and provide oversight of the annual capital outlay
budget report, to include: expenditures, encumbrances and
balances by fund, and amid-year budget evaluation of project
status of all funded and unfunded projects, against the
approved budget and the undistributed capital contingency, for
possible recommendation for Board action to amend the
budget and educational facilities plan;
3. To review the District's educational plant survey prepared and
submitted by Facilities Planning and Construction, as
prescribed in Section 1013.31, F.S., and transmit same to the
SSPC Committee for review and a recommendation to the
School Board;
4. To submit annually to the SSPC Committee a progress report
on the District's facilities planning and construction programs;
5. To expeditiously review and recommend to the Superintendent
of Schools and the SSPC Committee on any construction
change orders, which exceed the total appropriation for the
particular project;
6. To expeditiously review and recommend to the Superintendent
of Schools and to the School Board on construction change
orders if funds are available in project contingency, except that
change orders of less than $50,000 may be approved
administratively by the Superintendent or his designee and
subsequently confirmed by the TR Committee;
7. To review and recommend to the Superintendent of Schools
the award or rejection of construction bids, which exceed the
project budget by 5%;
8. To review and recommend to the Superintendent of Schools,
based upon recommended awards of construction bids,
amendments to the affected project budget. Project budgets
should be reduced when construction awards are less than the
amount budgeted or increased when the construction award is
more than the amount budgeted. The source or destination of
such budget amendments should be undistributed contingency
in each affected fund;
9. To review administrative procedures and perform other
functions as assigned by the Superintendent of Schools.
6Gx13- 2C-1.083
D. Membership -- The TR Committee shall be comprised of the following
voting members, or their designees:
Chief Business Officer -Chair;
Administrative Director, Facilities Planning;
Administrative Director, Facilities Operations and Legislative Support;
Chief Financial Officer;
Administrative Director -Maintenance;
Associate Superintendent of School Operations;
Associate Superintendent -Education.
E. Operation -- A quorum of the TR Committee shall consist of a
majority. Meetings shall be held as called by the Chair. Minutes shall
be kept of all meetings and upon approval by the TR Committee a
copy shall be distributed to the Superintendent of Schools and to the
School Board.
IV. Site Selection
A. Use of District's Adopted Educational Facilities Plan -- Only those
sites for projects included within the District's adopted educational
facilities plan shall be investigated and evaluated for potential
purchase by the School Board.
B. Criteria -- Criteria for evaluating and selecting sites for locating
educational facilities shall include or address the following elements:
Size and shape of site;
Expansion capacity of site;
Whether the site is adequate to relieve overcrowding in existing
schools;
4. Whether there are pending or approved charter school
applications which would impact the proposed educational
facility or the site search;
5. Whether the site is reserved in a recorded subdivision, or set
aside for donation or purchase by the School Board as a result
of Developmental Impact Committee (DIC) or Development of
Regional Impact (DRI) approvals;
6Gx13- 2C-1.083
6. Location of site in relation to both the intended service area, as
well as major traffic arteries and accessibility to school buses
and private vehicles for student drop-off and pickup;
Site location should seek to the extent practicable to promote
diverse school enrollments, reflecting the broad mix of cultures,
experiences and ideas to be found in the community, through
the consideration of various factors, including but not limited to
the socioeconomic circumstances, unique language needs and
abilities, race and ethnicity of the students to be served;
8. Location of site and potential impact on the attendance
boundaries of surrounding schools;
9. Occupancy of the site, specifically whether any residents will
require relocation;
10. Location of site in relation to existing or planned public
recreation sites, which might make possible the joint use of
facilities;
11. Whether there are any existing or anticipated land uses in the
area, which could adversely affect the site due to traffic
generation, noise, odor, safety or other factors;
12. Whether there are any major street improvements or
expressways planned in the vicinity, which could affect the site
or the intended service area;
13. Whether there are adequate traffic control devices and
sufficient road capacity for the intended use of the site;
14. Whether site access requires crossing a canal, railroad, major
street or other physical barrier or hazard;
15. Whether there are any archeological or historical designations
or any biological, zoning or environmental problems (e.g.,
incinerators, active or inactive dump sites, toxic soil,
underground storage tanks) on the property that could
adversely impact the timely use of the property for the intended
purpose;
16. The extent of site development work that must be done on an
unimproved site in order to make it usable for the intended
purpose;
17. The condition of title to the site or any known title defects;
6Gx13- 2C-1.083
18. The compatibility or incompatibility of present and projected
uses of adjacent properties with the intended use.
C. Site Selection Procedures -- The Chief Business Officer or his/her
designee shall ensure that thorough site selection procedures are
followed, including the following seven-step due process, as described
below. The Chief Business Officer shall have the option to secure the
services of a third party or parties, under contract with the District, to
identify sites and/or negotiate conditional agreements for purchase
and sale of real property on behalf of the School Board, as may be
deemed appropriate.
Identify through the appropriate school district regions, the
general search boundaries for the proposed educational
facility, any relevant educational, recreational, and community
requirements that may be applicable, minimum required site
size, and the educational facilities to be relieved;
2. Inventory available sites that meet the search parameters,
including School Board-owned sites, properties designated for
donation to the School Board, properties set aside by
developers or property owners for purchase, as approved by
the School Board, and properties owned by public entities
which may be available under cooperative partnerships;
Conduct preliminary due diligence and with input from School
Operations and Transportation staff, identify the sites most
suitable for the intended purpose;
Submit to the SSPC Committee the record of all suitable sites
for direction. Pursuant to this direction, authorize the
Superintendent, his designee, or the third party, to execute
conditional purchase and sale agreements based on a not to
exceed purchase price, to be determined by the SSPC
Committee based on a restricted use appraisal report
generated by District authorized licensed appraiser. This shall
be subject to additional due diligence, to include environmental
assessments, site preparation and development costs,
appraisals and any other reviews deemed necessary. As part
of the conditional agreements, a fully refundable deposit not to
exceed 10% of the purchase price, may be deposited in
escrow with the School Board Attorney, as earnest money;
5. Present the results of negotiations for the selected sites to the
SSPC Committee for final ranking if necessary, including any
adjustments of the not to exceed price and a recommendation
to the School Board for approval of the negotiated agreements.
The SSPC Committee shall also consider the need for eminent
domain where negotiations prove unsuccessful;
6Gx13- 2C-1.083
6. Submit recommendation to the School Board for approval of a
purchase and sale agreement, or upon a recommendation by
the SSPC Committee to authorize eminent domain
proceedings;
Upon review of the sites and recommended ranking, the
School Board shall accept the sites as ranked or re-rank them
and authorize acquisition. If none of the sites are acceptable,
the School Board shall reject them.
V
Site Acquisition
A. Criteria for Acquisition of Sites for School Facilities
Overall suitability of a site for the intended purpose;
Total estimated costs to place a site in use for the intended
purpose, including acquisition cost and cost of necessary site
improvements; and
3. The reasonableness of the total cost to acquire and place a
site into use, as compared to other sites or options.
B. Criteria for Determining "Reasonableness" of Costs of Site Acquisition
and Improvements
The foundation, or starting point, for determining what is a
reasonable price for the School Board to pay for the acquisition
of land is an appraisal(s) of market value of sites as provided in
Section 253.025, F.S.;
2. Adjustment downward or upward of the appraised market value
of a site based upon the following:
Total costs, other than the cost of acquisition, to place
the site in use;
b. Availability of alternative, suitable sites for the project;
Both the general real estate market conditions and the
specific real estate market conditions in the geographic
area of the project; and
Any other identified factors which may impact the
reasonableness of site acquisition costs, including but
not limited to the total estimated costs of the eminent
domain process to acquire the site as provided by
6Gx13- 2C-1.083
Sections 73.091 and 73.092, F.S., and for the District's
costs for attorneys' fees and other expenses of the
eminent domain.
C. Appraisal Procurement and Review Process -- The Chief Business
Officer orhis/her designee shall ensure the following is provided:
Initiating, overseeing and documenting the procurement of
professional appraisals of market value of the sites determined
by the School Site Planning and Construction Committee to be
suitable for projects in the District's adopted educational
facilities plan or long-range plan, as required by Section
1013.35, F.S.;
2. Where two appraisals are required under state law, request in
writing a formal professional review appraisal from an
appraiser selected in accordance with Section 253.025(6)(b),
F.S. The reviewing appraiser's certification of the
recommended or approved value of the property shall be set
forth in a signed statement which identifies the specific
appraisal reports reviewed and explains the basis for such
recommendation or approval.
D. Neootiations and Authorization for the Voluntarv Purchase and Sale of
Sites --The Chief Business Officer orhis/her designee shall ensure of
the following:
Conducting negotiations within the authorization granted by the
SSPC Committee for the voluntary purchase and sale of sites
suitable for projects included within the District's adopted
educational facilities plan orlong-range plan and maintaining a
written record of all such negotiations;
2. Reporting to the SSPC Committee the results of such
negotiations for further input as may be needed;
3. Preparing for presentation to the School Board an item with full
information for the voluntary purchase and sale of a school site
as contained in the site list as ranked by the SSPC Committee,
suitable for the projects included within the District's adopted
educational facilities plan or long-range plan within the price
parameters established by the SSPC Committee, based upon
the criteria for "reasonableness" of cost of site acquisition and
improvements established herein;
4. Ensuring that where the agreed to purchase price exceeds the
appraised value where only one appraisal is required by state
law, or the reviewed appraised value in all other instances, and
6Gx13- 2C-1.083
the School Board finds that the agreed price is reasonable
under the criteria established herein, said purchase is
approved by an extraordinary vote. Extraordinary vote, for
purposes of this section, means a majority vote plus one
additional vote of the members of the School Board present at
the meeting where such action is taken.
E. Acquisition by Eminent Domain
1. In the event that negotiations for voluntary sale of a site for a
reasonable price are unsuccessful, then the SSPC Committee
shall formulate and forward to the School Board an item
recommending the commencement of eminent domain
proceedings as authorized by Section 1013.24, F.S.
2. The item recommending the commencement of eminent
domain proceedings shall include the full record of the site
selection and investigation process;
3. Upon School Board approval, eminent domain proceedings
shall be initiated as provided for in Section 73.015, F.S.
Specific Authority: 1001.41(1)(2); 1001.42(22); 1001.43(10)F.S.
Law Implemented, Interpreted, or Made Specific: 73.015; 73.091; 73.092;
112.313(1); 112.3143; 253.025(6)(b); 286.011; 1013.24; 1013.31; 1013.33; 1013.35;
1013.36; 1013.61, F.S.
History: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 12-12-01
Amended: 4-17-02; 6-19-02; 9-12-02; 5-14-03; 7-14-04
EXHIBIT 2
_---
I ~
GeographicAreas
~. ~ ~ ~
~ ~ ~o~.~
~
~ ~'~-~~~ "~~'
-'T n
UNINCORPO ATED
~ MIAMb n,uu
__.. _ - .__
_- -..
_. ... - -... __ __ - ~
` D
a `
~
AMI ?
_'
GA DENS
kT'R.
N
x:9, ~ s +YyGJ~
e ~~io
y
~ ~ ~~~~' °~ i , ~~ ~„.i
North est ..nu .
Ar
a t"ix" ,. it
UNIN ORPORATE
MIAMI was r~
DADE ~ d -
~ ~ t T
~ M~Aplk
~~ #`
pOP~~~ h1i1F f
11~
3~
+~
t
Sa eaO Ea ~
V
M1AM1.
y
C:.
n ~ qC~O
y 1
a n
^NINCORPORATED - /
!
MIAMI- SOUTH
DADS - h11p ~_~~
T c
PINECRES
Southwe t ast
Area
I
CUTLER
BAY .
l1
~
`
~
5h ~
1.
_~- Legend
~
~ _
~~ Geographic Areas
- s~ ~` Highways
~
m,
o!
o,
~.
Y.
a
m
r'
of
Z
o:.
a
CITY OF MIAMI BEACH
NOTICE OF AMENDMENT TO PART II:
GOALS, OBJECTIVES AND POLICIES OF THE
CITY OF-MIAMI BEACH
COMPREHENSIVE PLAN
NOTICE TO THE PUBLIC
NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the
C'ny of Miami Beach, Florida, in the Commission Chambere, 3rd Floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday, February 13, 2006 at 11:30 a.m., to consider
adopting the following:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI
BEACH COMPREHENSIVE PLAN, AS AMENDED, BY ADDING A NEW ELEMENT ENTITLED "PUBLIC
SCHOOL FACILITIES ELEMENT,' AND AMENDING THE INTERGOVERNMENTAL COORDINATION
ELEMENT AND THE CAPITAL IMPROVEMENTS ELEMENT, WHERE NECESSARY, TO IMPLEMENT
CHANGES TO FLORIDA'S 2005 GROWTH MANAGEMENT' LAWS ADDRESSING PUBLIC SCHOOL
FACILITIES.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHOR121NG THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND
RESTATED INTERLOCAL AGREEMENT, BETWEEN THE MIAMI-DADE COUNTY SCHOOL BOARD,
AND ALL LOCAL GOVERNMENTS WITHIN MIAMI-DADE COUNTY, AS REQUIRED BY THE FLORIDA
LEGISLATURE, IN ORDER TO IMPROVE COORDINATION BETWEEN LOCAL GOVERNMENT LAND
USE PLANNING AND SCHOOL BOARD FACILITIES PLANNING, AND OTHER RELATED MATTERS,
AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE
INTENT HEREOF.
INQUIRIES may be directed to the Planning Department at (305) 673-7550
Interested parties are invhed to appear at this meeting or be represented by an agent, or to express
their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center
Drive, 2nd Floor, Miami Beach, Florida 33139. This meeting may be opened and continued and,
under such circumstances, additional legal notice would no be provided.
Robert E. Farther
City Clerk
City of Miami Beach
Pursuant to Florida Stat. 286.0105, the City hereby advises the public that; if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim record of the proceedings Is made,
which record include the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on
access for persons with disabilities, andlor any accommodation to review any document or
participate in any city-sponsored proceeding, please contact (305) 804-2489 (voice),(305)
873-7218 (TTY) five days in advance to inRiate your request. TTY users may also call 711
(Florida Relay Service).
m MIAMI BEACH