Brevard County (Florida)
Administrative Procedures
 

7130.01 - SCHOOL CONCURRENCY MANAGEMENT PROCEDURES

The Board recognizes the need to define the procedures for administering school concurrency applications and reviews to meet the obligations of the Board as required by the Interlocal Agreement for Public School Facility Planning and School Concurrency and related legislative requirements as amended from time to time.

DEFINITIONS

For the purposes of this administrative procedure, the following definitions apply:

 

A.

Adjacent Concurrency Service Area: A concurrency service area which is contiguous to the boundary of another concurrency service area along one side to the extent practicable, taking into account water bodies, limited access interstate corridors, and similar geographic limits. Concurrency service areas based on spot zoning that do not include a school within shall not be utilized in concurrency reviews for adjacency purposes.

     
 

B.

Applicant: The contact person authorized by the property owner to apply for school concurrency.

     
 

C.

Capacity Determination Letter (CDL): A letter prepared by the Board resulting from a school impact analysis (SIA) identifying if existing FISH Capacity is available to serve a residential project. This letter is the Board response to a school capacity determination application and establishes availability at that present time only and neither vest nor reserves FISH Capacity for the developer and is non-binding in nature.

     
 

D.

Capacity Elements:

     
 

1.

Permanent Student Stations: The number of student stations in permanent structures (buildings) identified as being satisfactory in the FDOE FISH Inventory.

     
 

2.

Relocatable Student Stations: The number of student stations in relocatable structures identified as being satisfactory in the FDOE FISH Inventory.

 

3.

Florida Inventory of School Houses (FISH) Capacity: The Florida Inventory of School Houses (FISH) is the database used by the Florida Department of Education for all spaces in Florida public education facilities. FISH Capacity is calculated on the Department of Education’s measure of satisfactory student stations in both permanent and relocatable structures multiplied by a utilization factor. The Board’s utilization factors are 100% for elementary, ninety percent (90%) for middle, ninety percent (90%) for junior/senior high schools, and ninety-five percent (95%) for high schools. The utilization factors may be amended by the Florida Department of Education. By definition the FISH Capacity is a factored capacity and the terms may be used interchangeably in this agreement and in supporting documentation.

     
 

4.

Factored Capacity: By definition the factored capacity is the FISH Capacity and the terms may be used interchangeably in this agreement and in supporting documentation.

     
 

E.

Capacity Enhancement Agreement: A binding and enforceable agreement between the developer, the Board, and the local government with jurisdiction over the approval of the development order to mitigate the additional demand on public school facilities potentially created through the approval of a preliminary development request.

     
 

F.

Concurrency Evaluation and Finding of Nondeficiency (CEFoN) or equivalent: Once the Board has issued a school capacity determination letter (SCADL) confirming the existence of FISH Capacity, the local government may issue a CEFoN, or equivalent, and the FISH Capacity for the development is reserved or vested for that development for the life of the CEFoN.

     
 

G.

Developer: Any person or governmental agency undertaking any residential construction.

     
 

H.

Development Order: Any order granting, or granting with conditions, an application for a development permit.

 

I.

Final Development Request: A final development request is the last procedure in the local government planning process that is required before a development proposal with a residential component applies for building permits. Final development requests may include final plat applications, site plan applications, conditional use applications, engineering review applications as well as other development requests that are functionally equivalent.

     
 

J.

Interlocal Agreement for Public School Facility Planning and School Concurrency (ILA): The agreement between the Board and Brevard County and its cities which includes details about the uniform school concurrency process. This administrative procedure uses the abbreviation, ILA to refer to this agreement.

     
 

K.

Local Governments: Brevard County and its cities.

     
 

L.

Preliminary Development Request: A preliminary development request is the initial application for land use, zoning, and/or development code compliance that begins the local government planning process for any development proposal with a residential component. Preliminary development requests may include rezoning applications, comprehensive plan amendments, transmittal of large scale comprehensive plan amendments to the State of Florida, preliminary plat applications, site plan requests, PUD applications, DRI applications, as well as other development requests that are functionally equivalent.

     
 

M.

Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement between the developer, the Board and the local government with jurisdiction over the approval of the development order to provide compensation for the additional demand on public school facilities created through the residential development of the property, as set forth in F.S. 163.3180(6).

     
 

N.

School Board – For purposes of this administrative procedure, Board is used interchangeably with the term School District and includes the elected officials, governing board, and staff.

 

O.

School Capacity Availability Determination Letter (SCADL): A letter prepared by the Board resulting from an SIA identifying if FISH Capacity is available to serve a residential project. This letter is the Board response to a concurrency determination application and if FISH Capacity exists, and the local government issues a CEFoN or equivalent, the proposed development’s FISH Capacity is reserved or vested.

     
 

P.

School Impact Analysis (SIA): A formal description of a residential project subject to school concurrency review submitted by a developer through a school facility planning and concurrency application for Board review in accordance with Section 13.2 of the ILA.

     
 

Q.

School Facility Planning and Concurrency Application: An application for a school impact analysis (SIA) to be undertaken by the Board submitted by a developer for either a school capacity determination (non-binding) or a concurrency determination commitment (binding) which reserves or vests space for students generated by a specific development. In this administrative procedure, the term school concurrency application is used interchangeably.

     
 

R.

Spot Zone: A school attendance boundary area considered part of, but geographically detached from, the boundary area that includes the school facility. The boundaries of spot zones are not considered when establishing CSA’s for concurrency evaluation.

     
 

S.

Student Generation Multiplier (SGM): The student generation multiplier is the ratio of students per residential unit based on the type of school and the type of residential unit as described in Appendix "A".

SCHOOL CONCURRENCY APPLICATION

 

A.

A standard application shall be developed by the Board as part of this administrative procedure. The application shall provide input from the applicant, the property owner, and the local government. The application shall outline the information and documentation required to be submitted to the Board. The school concurrency application is formally called the "School Facility Planning and Concurrency Application" which is a request for the Board to perform a school impact analysis.

 

B.

The local government shall determine if the applicant for a development request is required to submit a school concurrency application based on the criteria outlined in the ILA. The local government shall determine the type of school concurrency application, provide information about the development request, and review the school concurrency application for completeness and accuracy. The applicant shall submit the school concurrency application to the Board through the local government.

     
 

C.

The ILA defines the preliminary development requests and the final development requests that are required to apply for school concurrency. The ILA and the school concurrency application delineate the required documentation.

     
 

D.

The local government shall coordinate with the applicant to submit the required documentation and fees to the Board for a school concurrency application.

SCHOOL CONCURRENCY REVIEWS

 

A.

Based on the determination by the local government, the type of school concurrency application is established and the appropriate review shall be performed by the Board.

     
 

B.

The Board shall review a completed school concurrency application in a timely manner as defined in the ILA.

     
 

C.

The Board performs a school impact analysis for both preliminary development requests and final development requests that have submitted a school concurrency application. The school impact analysis uses the student generation multiplier and the capacity elements to calculate available FISH Capacity for a particular school concurrency service area (CSA) and potentially the adjacent school concurrency service areas. The resulting action is based on the type of development request/school concurrency application:

     
 

1.

Preliminary development requests will result in a capacity determination letter (CDL) to be issued by the Board which establishes school capacity availability at that present time only and neither vests nor reserves FISH Capacity for the developer and is non-binding in nature.

 

2.

Final development requests will result in a school capacity availability determination letter (SCADL) to be issued by the Board and if FISH Capacity exists, and the local government issues a CEFoN or equivalent, the proposed development’s FISH Capacity is reserved or vested.

     
 

D.

A school concurrency application may request the conversion of a capacity determination to a concurrency determination if there is available FISH Capacity and the capacity determination letter was issued within the same Board reporting year. The same school impact analysis is applicable and the Board issues a SCADL.

     
 

E.

An exemption review may be requested if a residential development has an unexpired preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the school concurrency program.

     
 

F.

Previously vested school capacity availability determination letters that have an expiration date may apply for a time extension if they do not receive a concurrency evaluation and finding of nondeficiency (CEFoN) or equivalent from the local government prior to the Board SCADL expiration date.

     
 

G.

An exemption review may be requested if a residential development has an unexpired preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the school concurrency program.

     
 

H.

In the event that a school impact analysis determines that there is not sufficient FISH Capacity to accommodate a development request, the applicant may choose to enter into a mitigation process. The resulting agreement is based on the type of school concurrency application:

     
 

1.

Preliminary development requests may be mitigated by entering a capacity enhancement agreement.

     
 

2.

Final development requests may be mitigated by entering a proportionate share mitigation agreement.

 

I.

No application for a school concurrency review shall be processed if submitted without information as outlined in the ILA and school concurrency application, and/or without the application fee(s).

     
 

1.

Application requirements are outlined in the ILA.

     
 

2.

A standard school concurrency application is included in this administrative procedure.

     
 

3.

A concurrency fee schedule is included in AP 7130.02, as approved by the Board.

IMPLEMENTATION FLEXIBILITY

The Board provides to the Superintendent flexibility in the implementation of this administrative procedure due to extenuating circumstances. The Superintendent shall notify the Board of any exceptions.

F.S. 163.31777, 163.3180, 1001.41, 1001.42

Approved 10/28/14

© Brevard 2014