06-17-2008 Regular School Board Meeting
Agenda Item #53

Revised Interlocal Agreement for Public School Facility Planning and School Concurrency


The School Board approved the September 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency (ILA) on October 9, 2007 (Item F-6).  This Agreement was then approved by the elected councils/commissions of the following local governments:


Brevard County           

City of Cape Canaveral                                                           

City of Cocoa Beach   

Town of Indialantic      

City of Indian Harbour Beach                                                  

Town of Malabar         

City of Melbourne       

City of Melbourne Beach

City of Palm Bay

Town of Palm Shores

City of Rockledge

City of Satellite Beach

City of Titusville

City of West Melbourne                            


Several of the local governments approved the ILA with a recommendation to incorporate minor revisions at a later date.  School District staff in attendance at the various council meetings agreed to recommend that the School Board incorporate the recommended revisions if there was no objection from any of the other local governments.


The City of Cocoa approved a modified version of the ILA.  School District staff in attendance at the council meeting did not agree with the revisions incorporated into the ILA approved by the City of Cocoa and has not incorporated these revisions into the document recommended for approval.


The Towns of Melbourne Village and Grant-Valkaria currently qualify for exemption and will not be parties to this ILA.


Several local governments submitted the September 2007 ILA to the Florida Department of Community Affairs (DCA) as part of a Comprehensive Plan Amendment to incorporate a Public Schools Facility Element into their Comprehensive Plan, as required by the 2005 Growth Management legislation.  Upon review, the DCA issued an Objections, Recommendations and Comments (ORC) Report to the submitting local governments. 


This June 2008 ILA has been revised to:

1.      Address comments regarding the September 2007 ILA in the DCA's ORC Reports

2.      Incorporate the minor revisions recommended by the local governments which were agreed to by School District staff and not objected to by other local governments

3.      Correct scrivener's errors and clarify definitions or issues not addressed in the September 2007 ILA.


The June 2008 ILA, with revisions indicated in red, is attached.  Specific revisions of note are as follow:

o       Page 1:  Grant-Valkaria qualifies as exempt.

o       Page 2: Adjacent Concurrency Service Area definition revised to clarify that a discontinuous portion of a CSA not containing a school (e.g., the mainland portion of the DeLaura CSA) -  called a "spot zone" - would not be used for adjacency purposes in concurrency reviews.    

o       Page 3:  COFTE defined.

o       Page 5:  The definitions of Permanent Capacity and School Capacity clarified.

o       Page 6:  Spot Zone defined.

o       Page 7:  Clarification that COFTE will be used for student projections in the Tentative District Educational Facilities Work Plan (5-Year Plan).

o       Page 8:  Deadline for a determination of consistency with a local government's comprehensive plan increased from 90 days to 180 days prior to start of construction. 

o       Page 9:  Review of major renovations and closures by local governments added (similar to school site plan review).

o       Page 16:  Effective date of the implementation of school concurrency revised to conform to DCA requirements.

o       Page 18:  Level of Service clarified.

o       Appendix A:  Tiered Level of Service Table revised to conform to proposed methodology to achieve a 100% LOS by the end of the five-year planning period (2011-12).  Note that the proposed methodology is based on utilization of available existing adjacent capacity and new capacity where necessary.   



Approve the Interlocal Agreement for Public School Facility Planning and School Concurrency, revised June 2008.

Meeting Date(s)
Information - 6/17/2008
Consent after Information7/15/2008

Authority for Action
1001.41 F.S.

Involves Expenditure of Funds Directly in the Classroom

Source of Funding
Agenda Item will not Require the Expenditure of Funds

Cost Center
Cost Center

Mike Gaffney  x464

Attachment:  080605_BREVARD Clean _new-Red _ June 2008 ILA_ORC.pdf