Objective 12.5.5. - Establish Provision of Mitigation and Proportionate Share Opportunities Consistent with Florida Statutes.


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  • Policy 12.5.5.1. In circumstances where there is not sufficient capacity for one (10 or more school type, a development shall be required to mitigate its impacts before receiving approval of the Certificate of Level of Service for school concurrency.

    Policy 12.5.5.2. An applicant may propose any form of mitigation authorized pursuant to § 163.3180(13)(e)(1), F.S., subject to approval by the School Board of Manatee County and Manatee County, including, but not limited to:

    • The contribution of land.

    • The construction, expansion, or payment for land acquisition or construction of a public school facility.

    • The creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits which is subject to approval by the School Board of Manatee County and Manatee County.

    Policy 12.5.5.3. When proportionate share mitigation is used to satisfy the requirements of school concurrency, the Applicant, School Board and Manatee County shall enter into a legally binding Development Agreement which records and incorporates the mitigation to be contributed by the Applicant and accepted by the School Board and ensuring such mitigation funds are utilized appropriately for an improvement that satisfies the demand.

    Policy 12.5.5.4. Proportionate share mitigation shall be eligible for impact fee credits pursuant to the terms of § 163.3180(13)(e)(2), F.S.