The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

7100 - FACILITIES PLANNING

The District shall conduct an Educational Plant Survey, including a needs assessment, every five (5) years as required by Florida statute and the Florida Constitution. The District shall also prepare yearly updates to the Five (5) Year Capital Work Plan, as required by State law and the District shall cooperate and exchange planning information with other local governments pursuant to the Interlocal Agreements for Public School Facilities Planning.

The intent of the School Board is to:

 

A.

establish a broad-based, external educational facilities committee, School Site Planning and Construction Committee (SSPCC), to advise the Board on the implementation of the Districtís adopted five (5) year work program, and to make independent recommendations to the Board and the Superintendent, which promote internal accountability and facilitate efficient and effective delivery of public educational facilities throughout Miami-Dade County;

     
 

B.

establish an internal, interdisciplinary staff committee, to be called Technical Review Committee (TRC) to provide staff coordination, accountability, and oversight of the formulation and implementation of the Districtís adopted educational facilities plan;

     
 

C.

establish policies, procedures and assign responsibilities for the planning, site selection, acquisition and construction of educational facilities that will provide for public educational plant needs throughout Miami-Dade County in accordance with Board policy and State law as set forth in F.S. Chapter 1013;

     
 

D.

ensure that all priority educational facility projects are included in the Districtís adopted educational facilities plan as provided in F.S. 1013.35, and that any changes to the adopted educational facilities plan are supported by identified needs and priorities and approved by the Board;

     
 

E.

integrate the Districtís 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 Districtís adopted educational facilities plan;

 

F.

establish policies and procedures for land acquisition according to F.S. 1013;

     
 

G.

establish effective procedures for obtaining appraisals pursuant to F.S. 253.025, and for reviewing the appraisals;

     
 

H.

establish procedures and assign responsibilities to provide full information to the 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 Board shall establish as a standing, external committee, an educational facilities committee, to be called the School Site Planning and Construction Committee (SSPCC), 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 Board.

     
 

B.

Purpose

     
   

The purpose of the SSPCC shall be as follows:

     
 

1.

to advise the Board on the formulation, priorities and implementation of the Districtís adopted five (5) year work program for educational plants and other related matters;

   

2.

to make recommendations to the Board on site acquisitions, including alternatives, if any; and,

   

3.

to make independent recommendations to the Board and to the Superintendent 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 SSPCC shall be as follows:

     
 

1.

provide input, priorities and monitor the formulation, amendment and implementation of the Districtís educational facilities plan and other long-range plans as prescribed by F.S. 1013.35;

   

2.

provide input and monitor the Districtís educational plant survey as prescribed by F.S. 1013.31;

   

3.

provide input, monitor and make recommendations including priorities, to the Board on the Districtís annual capital outlay budget, as prescribed by F.S. 1013.61;

   

4.

provide input, monitor and make recommendations to the Board on the Districtís 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 Board, which provide recommendation(s) on site acquisitions, and contain all relevant site analysis and supporting documentation for the Boardís review and final action;

   

6.

evaluate annually and provide to the Board a year-end report on the progress of site acquisition activities and facilities planning and construction programs, and where appropriate provide recommendations for improved accountability, efficiency and cost-effectiveness;

   

7.

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 Board or the Superintendent;

   

8.

review potential sites for new schools, as well as proposals for significant renovation, location of relocatables or additions to existing buildings, and potential closure or alternate use of existing schools, and make recommendations on these and all other issues within its purview under this Board policy for consideration by Board staff;

   

As part of its deliberations, the SSPCC shall ensure that the affected local governments, as defined under the Interlocal Agreement for Public School Facility Planning(Bi-Lateral), and the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami-Dade County (Consensus) (collectively, the "Interlocal Agreementsí), and any Supplemental Agreements or modifications are afforded an opportunity to provide comments and shall consider those comments in its deliberations.

   

9.

host a planning forum on an annual basis or more often as may be needed, to review the Boardís acquisition schedule and all other relevant issues stipulated under the Interlocal Agreements that were entered into by the Board and all non-exempt local governments, in accordance with State law (F.S. 1013.33). 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 Boardís acquisition schedule and all other relevant issues required by statute, and will include appropriate staff members of the Board, at least one (1) 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 SSPCC will submit recommendations to the Superintendent.

     
 

D.

Membership

     
   

The SSPCC shall be composed of the following voting members:

     
 

1.

a business community representative appointed by the Board of Trustees of the Greater Miami Chamber of Commerce

   

2.

the president of the Dade County PTA/PTSA, or designee

   

3.

the chair of the Diversity, Equity and Excellence Advisory Committee (DEEAC), or designee

   

4.

the chair of the Attendance Boundary Committee, or designee

   

5.

a real estate appraiser appointed by the Miami Association of Realtors and practicing in Miami-Dade County

 

6.

two (2) real estate experts appointed by the Miami Association of Realtors

   
 

One (1) appointee shall represent the commercial real estate market and one (1) appointee shall represent the residential real estate market.

   

7.

a registered surveyor, architect or engineer appointed by the Chair of the Board

   

8.

a Board member appointed by the Chair of the Board

   

9.

a Miami-Dade County representative selected by the County Manager or designee

   

10.

a representative selected by the Miami-Dade County League of Cities

   

11.

two (2) floating members, one (1) of whom is designated by the City Manager of the most impacted municipality to which an SSPCC agenda item relates, and one (1) designated by the geographically nearest Community Council to which an SSPCC agenda item relates, or if it concerns an unincorporated area of Miami-Dade County, one (1) of the two (2) floating members shall be from the geographically nearest municipality most impacted by the agenda item, and the other shall be designated by the Community Council with jurisdiction over the area in which the proposed project is based

   

12.

a member of the residential construction industry appointed by the Builders Association of South Florida

   

13.

a member of the residential construction industry appointed by the Latin Builders Association

   

Notwithstanding the above, should one (1) of the above entities cease to exist with no successor entity, the Superintendent shall name a new entity as its replacement, who shall appoint a member to serve on the SSPCC. However, if one (1) of the above entities ceases to exist but is replaced by a successor entity, such successor entity shall become the entity responsible for appointing a member to the SSPCC. In addition, should the SSPCC membership designations set forth in the Interlocal Agreements be amended, such amended membership designations shall automatically become a part of this Board policy.

     
   

Notwithstanding the above, the Superintendent may, from time-to-time, add members to the SSPCC.

     
 

E.

Operation

     
   

The SSPCC shall operate as follows:

     
 

1.

Term of appointments and special conditions: Effective April 7, 2004, the term for fifty percent (50%) of the appointees of the SSPCC shall be three (3) years, and fifty percent (50%) of the appointees of the SSPCC 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, other than the two (2) appointees by the Chair of the Board, which appointees shall serve at the will of the Chair of the Board. Prior to the expiration of each appointment, the respective appointing entity shall be requested to make an appointment or reappointment.

   

2.

Quorum and Committee Chair: A quorum shall consist of a majority of the membership. The SSPCC shall elect a chair and vice-chair every year.

   

3.

Meetings: Meetings shall be held regularly on a monthly basis, unless there is no business to be conducted. Meetings shall be conducted as prescribed in F.S. 286.011, and shall be advertised at least five (5) 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 meetingís agenda packet.

 

4.

Staff Support: The Office of School Facilities shall provide primary staff support to the SSPCC, including preparation of agenda packets and meeting minutes, analytical reports and supporting documentation. The Office of the Board Attorney shall provide legal support to the SSPCC. The SSPCC may from time-to-time, as required, request support from other District personnel.

   

5.

Code of Ethics: Members of the SSPCC are subject to the provisions of The Code of Ethics for Public Officers and Employees, in F.S. Chapter 112, Part III.

   

6.

Lobbyists: Any and all lobbyists, as defined in Board policy, present at a SSPCC meeting, who wish to speak on an item being considered by the SSPCC, shall first execute and file the required form and any other documentation required by Board policy with the Board Clerkís Office. A copy of the executed form shall be made part of the official record for the SSPCC meeting at which the lobbyists are present, and shall be attached to the minutes of the meeting.

   

7.

Lobbying: In the event that a SSPCC 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 comply with the provisions of Board policy concerning lobbyists, and shall orally disclose such contact at the meeting in which the matter is being considered, and file a memorandum of voting conflict, if applicable, as may be required by the Florida Code of Ethics for Public Officers and Employees.

Technical Review Committee

 

A.

Establishment

     
   

The Board shall establish the Technical Review Committee (TRC), which shall be comprised of District staff members and which shall serve in an advisory capacity and report directly to the Superintendent.

 

B.

Purpose

     
   

The purpose of the TRC shall be to provide staff coordination, accountability and oversight of the implementation of the Districtís adopted educational facilities plan.

     
 

C.

Responsibilities

     
   

The responsibilities of the TRC shall be as follows:

     
 

1.

To review and provide oversight of the annual capital outlay budget report, as follows: expenditures, encumbrances and balances by fund, and a mid-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.

   

2.

To review and recommend to the Superintendent on any construction change orders, which exceed the total appropriation for the particular project.

   

3.

To review and recommend to the Superintendent and to the 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 and subsequently confirmed by the TRC.

   

4.

To review and approve contingency adjustments of less than $50,000, administratively. Contingency adjustments over $50,000 are reviewed and recommended to the Superintendent and to the Board.

   

5.

To review and recommend to the Superintendent the award or rejection of construction bids, which exceed the project budget by five percent (5%).

 

6.

To review and recommend to the Superintendent, 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.

   

7.

To review administrative procedures and perform other functions as assigned by the Superintendent.

     
 

D.

Membership

     
   

The TRC shall be comprised of the following voting members, or their designees:

     
 

1.

Chief Facilities Officer - Chair

   

2.

Administrative Director, Planning, Design and Sustainability

   

3.

Associate Superintendent/Chief Financial Officer, Financial Services

   

4.

Administrative Director, Maintenance

   

5.

Deputy Superintendent, District/School Operations

     
 

E.

Operation

     
   

A quorum of the TRC 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 TRC a copy shall be distributed to the Superintendent and to the Board.

Site Selection

 

A.

Use of Districtís Adopted Educational Facilities Plan

     
   

Only those sites for projects included within the Districtís adopted educational facilities plan shall be investigated and evaluated for potential purchase by the Board.

 

B.

Criteria

     
   

Criteria for evaluating and selecting sites for locating educational facilities shall include or address the following elements:

     
 

1.

size and shape of site

   

2.

expansion capacity of site

   

3.

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 Board as a result of Developmental Impact Committee (DIC) or Development of Regional Impact (DRI) approvals

   

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

   

7.

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

   

18.

the compatibility or incompatibility of present and projected uses of adjacent properties with the intended use

 

C.

Site Selection Procedures

     
   

The Chief Facilities Officer or his/her designee shall follow site selection procedures, including the seven (7) step due process, as described below. The Chief 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 Board, as may be deemed appropriate.

     
 

1.

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 Board-owned sites, properties designated for donation to the Board, properties set aside by developers or property owners for purchase, as approved by the Board, and properties owned by public entities which may be available under cooperative partnerships.

   

3.

Conduct preliminary due diligence and with input from School Operations and Transportation staff, identify the sites most suitable for the intended purpose.

   

4.

Submit to the SSPCC the record of all suitable sites for direction. Pursuant to this direction, authorize the Superintendent or the third party, to execute conditional purchase and sale agreements based on a not to exceed purchase price, to be determined by the SSPCC 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 ten percent (10%) of the purchase price may be deposited in escrow with the Board Attorney, as earnest money.

 

5.

Present the results of negotiations for the selected sites to the SSPCC for final ranking if necessary, including any adjustments of the not to exceed price and a recommendation to the Board for approval of the negotiated agreements. The SSPCC shall also consider the need for eminent domain where negotiations prove unsuccessful.

   

6.

Submit recommendation to the Board for approval of a purchase and sale agreement, or upon a recommendation by the SSPCC to authorize eminent domain proceedings.

   

7.

Upon review of the sites and recommended ranking, the Board shall accept the sites as ranked or re-rank them and authorize acquisition. If none of the sites are acceptable, the Board shall reject them.

Site Acquisition

 

A.

Criteria for Acquisition of Sites for School Facilities

     
 

1.

Overall suitability of a site for the intended purpose.

   

2.

Total estimated costs to place a site in use for the intended purpose, including acquisition cost and cost of necessary site improvements.

   

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

     
 

1.

The foundation, or starting point, for determining what is a reasonable price for the Board to pay for the acquisition of land is an appraisal(s) of market value of sites as provided in State law.

   

2.

Adjustment downward or upward of the appraised market value of a site based upon the following:

   
 

a.

total costs, other than the cost of acquisition, to place the site in use;

   

b.

availability of alternative, suitable sites for the project;

 

c.

both the general real estate market conditions and the specific real estate market conditions in the geographic area of the project; and

   

d.

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 F.S. 73.091 and 73.092, and for the Districtís costs for attorneysí fees and other expenses of the eminent domain.

     
 

C.

Appraisal Procurement and Review Process

     
   

The Chief Facilities Officer or his/her designee shall provide for the following:

     
 

1.

initiating, overseeing and documenting the procurement of professional appraisals of market value of the sites determined by the SSPCC to be suitable for projects in the Districtís adopted educational facilities plan or long-range plan, as required by F.S. 1013.35;

   

2.

where two (2) appraisals are required under State law, request in writing a formal professional review appraisal from an appraiser selected in accordance with State law. The reviewing appraiserís 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.

Negotiations and Authorization for the Voluntary Purchase and Sale of Sites

     
   

The Chief Facilities Officer or his/her designee shall provide for the following:

     
 

1.

conducting negotiations within the authorization granted by the SSPCC for the voluntary purchase and sale of sites suitable for projects included within the Districtís adopted educational facilities plan or long-range plan and maintaining a written record of all such negotiations;

 

2.

reporting to the SSPCC the results of such negotiations for further input as may be needed;

   

3.

preparing for presentation to the 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 SSPCC, suitable for the projects included within the Districtís adopted educational facilities plan or long-range plan within the price parameters established by the SSPCC, 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 (1) appraisal is required by State law, or the reviewed appraised value in all other instances, and the 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 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 SSPCC shall formulate and forward to the Board an item recommending the commencement of eminent domain proceedings as authorized by F.S. 1013.24.

   

2.

The item recommending the commencement of eminent domain proceedings shall include the full record of the site selection and investigation process.

   

3.

Upon Board approval, eminent domain proceedings shall be initiated as provided for in F.S. 73.015.

Educational Specifications Ė Development

The Superintendent will provide for the establishment of educational specifications when planning and building school facilities so that planned facilities are designed to implement the educational program.

Portable/Relocatable Classrooms Allocation Formula

Should any District staff office or position referenced in this Board policy be modified or renamed, the successor staff office or position shall automatically assume that responsibility. In the event that a District staff, office, or position is eliminated, the Superintendent shall name a successor.

F.S. 1001.41(1), 1001.41(2), 1001.42(22), 1001.43(10), 73.015, 73.091, 73.092
F.S. 112.313(1), 112.3143, 253.025(6)(b), 286.011, 1013.24, 1013.31, 1013.33
F.S. 1013.35, 1013.36, 1013.61