Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO APPROVE Interlocal Agreement Between Broward County and The School Board of Broward County Related to School Impact Fee Monies ("Agreement"); and authorize the Mayor to execute the Agreement in substantially the form as attached Exhibit 2.
body
Why Action is Necessary
Approval of the Board of County Commissioners is required for the Agreement to become effective.
What Action Accomplishes
Approves the Agreement and authorizes the Mayor to execute same.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
On December 1, 1982, Broward County executed an Agreement with The School Board of Broward County, Florida ("The School Board"), providing for Broward County's collection and remission to The School Board of school impact fee monies, and for The School Board's encumbrance or expenditure of said monies to provide for the educational needs of the future residents of the proposed developments ("1982 Agreement"). Since that time, case law and the Florida Statutes have modified the requirements for the collection and expenditure of impact fees, and the Land Development Code has been amended accordingly. The proposed Agreement supersedes the 1982 Agreement and provides for Broward County's continued collection of school impact fees and for The School Board's expenditure of impact fee monies consistent with current law and the Land Development Code, as may be amended.
Specifically, the proposed Agreement provides that: (i) Broward County shall collect school impact fees and process refund requests; (ii) Broward County shall assess a fee of two percent (2%) of the impact fees collected as reimbursement for the administrative costs incurred; (iii) on at least a quarterly basis, Broward County shall remit to The School Board ninety-eight percent (98%) of the school impact fees collected, as adjusted for refunds; (iv) The School Board shall expend school impact fee monies for the acquisition or leveraging of school sites or facilities to substantially benefit the residents of the developed area consistent with Section 163.31801, Florida Statutes, the "Florida Impact Fee Act," the Land Development Code, and The School Board's Five-Year District Educational Facilities Plan; (v) The School Board shall submit to Broward County an annual report specifying The School Board's receipts and expenditures of school impact fee monies; (vi) Broward County has the right to inspect The School Board's financial records and account books relating to school impact fee monies; and (vii) The School Board shall defend and indemnify Broward County in any action brought as a result of an intentional, reckless, or negligent act or omission of The School Board in connection with the Agreement.
The Agreement is scheduled to be considered by The School Board on September 1, 2020, after preparation of this Agenda Item. We will alert the Board prior to September 10 as to whether The School Board approved the Agreement.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary