Sec. 655.408. - Public School Concurrency Testing.

(a) The uniform methodology for determining whether capacity is available shall be determined by the DCPS and adopted into the City's Public School Facilities Element. Capacity is defined as: (1) Number of total student stations, which is permanent Florida Inventory of School Houses (FISH); plus portables, and (2) Proposed changes to permanent FISH capacity as a result of construction, rehabilitation, or other changes in school capacity which will commence in the first three (3) years of the Five-Year Capital Facilities Plan. (b) The following steps shall be used for school concurrency testing: (1) Is there current capacity in the CSA and adjacent CSAs? (2) Will adequate facilities be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval? (3) Are there facilities in the approved CIE scheduled for construction in year 4 or later of the CIE that can be accelerated into the first 3 years of the CIE, and the developer is willing to enter into a binding, financially guaranteed Agreement with the school district to construct the accelerated facility within the first three years, and the cost of the facility is equal to or greater than the development's proportionate share? (4) Are there capacity improvements in the five-year CIE to provide an adequate facility to satisfy the demands created by the development, and the developer is willing to pay a proportionate share mitigation contribution? (5) What other mitigation can be worked out? (c) Following an advisory review by the Joint Planning Committee and the ILA Team, the assumptions for the formula within the methodology shall be revisited and updated annually by the City and DCPS to address changing circumstances, including inflation, construction and land costs, and policy issues including the magnet and private school systems. (Ord. 2007-1146-E, § 2)