§ 33K-2. Findings; conclusions and purpose.  


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  • (a)

    Section 235.19, Florida Statutes, requires the School Board of Miami-Dade County, Florida, and the Board of County Commissioners of Metropolitan Miami-Dade County to coordinate school site planning and the Comprehensive Development Master Plan (CDMP) for Miami-Dade County.

    (b)

    Section 235.193(1), Florida Statutes, requires the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are coordinated in time and place with plans for residential development and other necessary services.

    (c)

    The CDMP for Miami-Dade County, adopted by Ordinance Numbers 88-110 and 88-119, established the goal to provide the best possible distribution of land use, by type and density, to meet the physical, social, cultural and economic needs of the present and future resident and tourist population in a manner that will maintain or improve the quality of the natural and manmade environment and amenities, and ensure the timely and efficient provision of services (CDMP, Land Use Element, Goal).

    (d)

    The CDMP Capital Improvements Element includes a goal specifying that Miami-Dade County shall plan for and manage in a fiscally prudent manner, its facilities and infrastructure in order to adequately serve current and new residents while efficiently using and maintaining existing public investments, and making timely provision of required new capital investment (CDMP Capital Improvements Element Goal); and sets forth policies that service and facility impacts of new development must be identified and quantified so that sufficient public facilities will be planned and programmed to be available when needed (CDMP, Capital Improvements Element, Policy 3B); and Appropriate funding mechanisms will be adopted and applied by Miami-Dade County in order to assure the fiscal resources to maintain acceptable levels of service. Such funding mechanisms include ..... impact fees, ..... among others (CDMP, Capital Improvements Element, Policy 4B).

    (e)

    It has been determined that there will be a significant amount of new residential development in Miami-Dade County over the next twenty (20) years.

    (f)

    It has been determined that after the construction of new residential development, it is reasonably expected that this new residential development will be occupied by school age children that will need to be accommodated by the Miami-Dade County public school system and provided the opportunity of a free public school education.

    (g)

    It has also been determined that traditional revenue resulting from new residential development will not be adequate to support the capital educational facilities necessary to accommodate the school age children generated from the new residential development.

    (h)

    In order to make up for this shortfall and ensure that the School Board can continue to provide adequate capital educational facilities to accommodate new school age children, the School Board of Miami-Dade County, Florida has requested the Board of County Commissioners of Metropolitan Miami-Dade County to adopt an educational facilities impact fee to be paid by new residential development and to be earmarked for the construction of new capital educational facilities to accommodate the school age children generated as a result of new residential development.

    (i)

    The Florida legislature through the enactment of Section 163.3202(3), Florida Statutes has sought to encourage local governments to adopt impact fees.

    (j)

    The Miami-Dade County Home Rule Amendment to the Florida Constitution, Article VIII, Section 6, of the Florida Constitution (1968); Section 1.01, Miami-Dade County Charter; and Chapter 163, Part II, Florida Statutes (F.S.), authorize the regulation of land development, which includes the imposition of developmental impact fees.

    (k)

    Each of the types of new residential development described in this chapter will place additional students in the public schools of Miami-Dade County, necessitating the development of additional capital educational facilities including the acquisition of school sites, the construction of new public schools, and the expansion of existing educational facilities.

    (l)

    The educational facilities impact fees are derived from, are based upon, and do not exceed the costs of providing these new capital educational facilities necessitated by this new residential development

    (m)

    The Board of County Commissioners of Metropolitan Miami-Dade County have reviewed, accepted, and incorporated as Attachment "A" into this chapter by reference Educational Facilities Impact Fee Methodology and Technical Report, prepared by James Duncan and Associates and Dr. James C. Nicholas, dated April 7, 1995, which establishes the need for the educational facilities impact fee and sets forth a reasonable methodology and analysis for the determination of the impact fee.

    (n)

    The purpose of this chapter is to regulate the use and development of land so as to assure that new residential development bears a proportionate share of the cost of capital expenditures necessary to provide educational facilities as contemplated by the CDMP.

    (o)

    This chapter is intended to implement the policies established in Section 235.193, Florida Statues.

(Ord. No. 95-79, § 2(2), 5-2-95)