Florida League of Cities

School Concurrency (Watch) 

SB 706 (Perry) requires instead of encourages local governments that adopt school concurrency to apply such concurrency to development on a districtwide basis so that a concurrency determination for a specific development will be based upon the availability of school capacity districtwide. The bill specif that proportionate-share mitigation must be set aside and not spent if an improvement has not been identified. The House companion bill, CS/HB 851 (McClain), was substantially amended in committee and removed the requirement that school concurreny be determined on a districtwide basis. The bill now requires developers to tender, rather than execute, a written, legally binding commitment to provide proportionate-share mitigation. The bill further requires the local government to issue a final decision on the developer’s tendered commitment within 60 days from the date of receipt. If the local government fails to issue a final decision within 60 days, the tendered commitment will be deemed approved. Lastly, the bill requires a school board to set aside and not spend any proportionate-share mitigation if there is no school capacity improvement identified in the five-year school board educational facilities plan until such time as such an improvement has been identified. (Cruz)