Common use of Proportionate Share Mitigation Clause in Contracts

Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.a, the School Board shall entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacity. (a) When the student impacts from a proposed development cause the adopted LOS to fail, the developer’s proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle, and high school as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (b) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (c) The applicant shall be allowed to enter a negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional FISH Capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development order. 1. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity project identified in the Five Year District Facilities Work Program. FISH Capacity projects identified within the first three (3) years of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity projects are planned in years four (4) or five (5) of the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3. If a FISH Capacity project does not exist in the Five Year District Facilities Work Program, the School Board may add a FISH Capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s proportionate share mitigation contributions in the next update of the Program. Mitigation options may include, but are not limited to: a. Contribution of land or payment for land acquisition in conjunction with the provision of additional FISH Capacity; or b. Mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity credits; or c. Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stations; or f. Construction of a public school facility in advance of the time set forth in the Five Year District Facilities Work Program. g. Construction of a charter school designed in accordance with School Board standards, providing sufficient permanent capacity to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. (d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive Educational Facilities impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) If the proportionate share mitigation required is greater than the impact fees generated by the development, the difference between the developer’s proportionate share and the impact fee credit shall be the responsibility of the developer. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity improvement identified in the Five Year District Facilities Work Program. (h) Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed to, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the local government, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the local government, the School Board and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. In accordance with 163.3180(6)(h) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate FISH Capacity is available, or that there is no available FISH Capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S.

Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity school capacity available within the adopted LOS to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.aan Applicant’s development, the School Board shall entertain District in coordination with the applicable Local Government(s) may offer the applicant the opportunity to consider proportionate share mitigation options andoptions. If an option is accepted by the Applicant, if acceptedthe Applicant, the School Board, and the Local Government shall enter into an enforceable and binding agreement with the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacityschool capacity. (a) a. When the student impacts from a proposed development cause a failure to meet the adopted LOS to failstandard, the developerApplicant’s proportionate share will be based on the number of additional student stations necessary to meet the established LOSLOS standard for the affected school type(s). The amount to be paid will be calculated by the total cost per student station for elementary, middle, and high school as determined and published by the State of Floridatypes, plus a share of the which includes land acquisition acquisition, construction and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Programsites. (b) b. The methodology used to calculate a developeran Applicant’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª ²Total Cost per student station Where the following definitions apply: ¹Development students = Students generated by residential development that are assigned to that CSA for the affected school ªTotal type(s). ²Total Cost = the The cost per student station as determined and published by the State of Floridaschool type, plus a share of the which includes land acquisition acquisition, construction and infrastructure expenditures for school sites as determined and published annually in by the Five Year District Facilities Work ProgramSchool District. (c) c. The applicant shall Applicant may be allowed to enter a negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional FISH Capacitycapacity. Upon identification identification, and acceptance of a the mitigation option deemed financially feasible by the School BoardBoard and the applicable Local Government, the developer Applicant shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development orderagreement. 1. A mitigation contribution provided by a developer an Applicant to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity school capacity project for the impacted school type(s), and identified in the Five School Board’s 5-Year District Facilities Work Program. FISH Capacity projects identified within the first three (3) years of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity projects are planned in years four (4) or five (5) of the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer The Applicant may pay his proportionate share to mitigate the proposed development impacts in accordance with the formula provided in Section 13.5 11.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 32. If a FISH Capacity capacity project does not exist in the Five School Board’s 5-Year District Facilities Work Program, the School Board may add a FISH Capacity capacity project to the School Board’s 5-Year District Facilities Work Program to satisfy the impacts impact from a proposed residential development, if it is funded through the developerApplicant’s proportionate share mitigation contributions in the next update of the Programor some other specified funding source. Mitigation options may include, but are not limited toto the following: a. (a) Contribution of land or payment for land acquisition in conjunction with the provision of additional FISH Capacityschool capacity; or b. (b) Mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity capacity credits; or c. (c) Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. (d) Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. (e) Construction or expansion of permanent student stationsstations or core capacity; or f. (f) Construction of a public school facility in advance of the time set forth in the Five School Board’s 5-Year District Facilities Work Program.; or g. (g) Construction of a charter school designed facility in accordance with School Board standards, providing sufficient permanent capacity to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership advance of the charter school property and/or operation of the school to time set forth in the School Board’s 5-Year District Facilities Work Program, providing that it is built according to State Requirements for Educational Facilities (SREF) standards. (d) 3. For mitigation measures (a) thru (g) aboveapproved by the School Board, the estimated cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. 4. Improvements contributed by the developer Applicant shall receive Educational Facilities school impact fee credit. (e) Developer credit if applicable. The Applicant shall receive an impact fee credit for that portion of the developerApplicant’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) 5. If the proportionate share mitigation required is greater than the impact fees generated by the development, the difference between the developerApplicant’s proportionate share and the impact fee credit shall be the responsibility of the developerApplicant. (g) 6. Any proportionate share mitigation must be directed by the School Board toward a FISH Capacity school capacity improvement identified in the Five School Board’s 5- Year District Facilities Work Program. (h) 7. Upon conclusion of the negotiation period, a second Determination Letter SCADL shall be issued. . (a) If mitigation is agreed to, the School Board staff shall issue a new Determination Letter SCADL approving the Applicant’s development subject to those mitigation measures agreed to by the local governmentLocal Government(s), developer Applicant and the School Board. Prior to preliminary platFinal site plan, site plan subdivision plan, plat approval or the functional equivalent, shall not be approved until the mitigation measures shall be are memorialized in an enforceable and binding agreement with the local governmentLocal Government(s), the School Board and the Developer Applicant that specifically details mitigation provisions to be paid for by the developer Applicant and the includes all relevant terms and conditions. In accordance with 163.3180(6)(h. (b) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination Letter SCADL shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter SCADL indicating either that adequate FISH Capacity capacity is available, or that there is no available FISH Capacity capacity following the ninety (90) day negotiation period as described in Section 13.5 11.5(c) of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S.

Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity school capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.a13.2(b)3.a, the School Board District shall entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacityschool capacity. (a) When the student impacts from a proposed development cause the adopted LOS to fail, the developer’s proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle, and high school as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five School District’s Five-Year District Capital Facilities Work Program. (b) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five School District’s Five-Year District Capital Facilities Work Program. (c) The applicant shall be allowed to enter a negotiation period with the School Board District in an effort to mitigate the impact from the development through the creation of additional FISH Capacitycapacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development order. 1. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity school capacity project identified in the Five School District’s Five-Year District Capital Facilities Work Program. FISH Capacity projects identified within the first three (3) years of the Five Five-Year District Capital Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity capacity projects are planned in years four (4) or five (5) of the Five School District’s Five-Year District Capital Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five School District’s Five-Year District Capital Facilities Work Program. 3. If a FISH Capacity capacity project does not exist in the Five Year District Capital Facilities Work Program, the School Board may add a FISH Capacity capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s proportionate share mitigation contributions in the next update of the Program. Mitigation options may include, but are not limited to: a. Contribution of land or payment for land acquisition in conjunction with the provision of additional FISH Capacityschool capacity; or b. Mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity capacity credits; or c. Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stationsstations or core capacity; or f. Construction of a public school facility in advance of the time set forth in the Five School District’s Five-Year District Capital Facilities Work Program. g. Construction of a charter school designed in accordance with School Board District standards, providing sufficient permanent capacity to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. (d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive Educational Facilities school impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) If the proportionate share mitigation required is greater than the impact fees generated by the development, the difference between the developer’s proportionate share and the impact fee credit shall be the responsibility of the developer. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity school capacity improvement identified in the Five School District’s Five-Year District Capital Facilities Work Program. (h) Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed to, the School Board District shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the local government, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the local government, the School Board District and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. In accordance with 163.3180(6)(h163.3180(13)(e) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate FISH Capacity capacity is available, or that there is no available FISH Capacity capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action by the School Board District for purposes of Chapter 120, F.S.

Proportionate Share Mitigation. 13.1 In the event that there is not sufficient FISH Capacity capacity available at the adopted Levels of Service (LOS) to support the students generated from the serve projected student populations of a proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.adevelopment, the School Board shall entertain proportionate share mitigation offer Proportionate Share Mitigation options andto the Applicant and the School Board and County, if acceptedor applicable Municipality, shall may enter into an enforceable and binding agreement with the local government and developer Applicant to mitigate the impact from the development through the creation provide said Mitigation. Upon issuance of additional FISH Capacity. (a) When the student impacts from a proposed development cause the adopted LOS to failPreliminary Concurrency Deficiency Letter, the developer’s proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle, and high school as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (b) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (c) The applicant shall be allowed Applicant may elect to enter into a forty-five (45) day negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional school capacity. The negotiation period commences on the date of the delivery receipt required in Section 12 of this Agreement. The 45 day negotiation period includes the ten day period specified in Section 12.6 of this Agreement and tolls the conclusion of the ten day period to request such a hearing until the conclusion of the negotiation period. 13.2 The Applicant’s Proportionate Share Mitigation shall be based on the number of additional Permanent Student Stations plus the portion of Core and ancillary facilities necessary to provide capacity at the adopted Levels of Service for the proposed development’s projected student population where said capacity is not available in the SCSA or adjacent SCSAs. 13.3 The methodology used to calculate School Concurrency Proportionate Share Mitigation shall be as follows: Proportionate Share = (Development studentsa - Available FISH CapacityPermanent Capacityb) x Total Costc per student station Where: ªDevelopment students = Students that will be generated by the proposed development that are assigned to that particular SCSA. Upon identification and acceptance of a mitigation option deemed financially feasible bAvailable FISH Capacity = Capacity available or if no FISH Capacity is available zero. cTotal Cost = the cost per Permanent Student Station as determined using the actual construction cost per the School Impact Fee Study as implemented by the School BoardImpact Fee Ordinance, as amended, at the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development ordertime when Proportionate Share Mitigation is accepted. 1. A mitigation contribution provided by a developer to offset the impact of a residential development 13.4 Any Proportionate Share Mitigation must be directed by the School Board toward to a FISH Capacity project school capacity improvement identified in the Five Year District Facilities Work Program. FISH Capacity projects identified within capital improvement schedule in the first three (3) years DFWP and in the Capital Improvement Elements in the Comprehensive Plans of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity projects are planned in years four (4) or five (5) of County and each Municipality to maintain financial feasibility based upon the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3adopted LOS. If a FISH Capacity capacity project does not exist in the Five Year District Facilities Work ProgramDFWP, the School Board may may, in its sole discretion, add a FISH Capacity capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s proportionate share mitigation contributions in the next update development as long as financial feasibility of the Program. DFWP can be maintained. 13.5 Mitigation options may available to an Applicant include, but are not limited to, the following: a. (a) Contribution of land for an entire school site meeting the applicable School Siting Standards or payment for land acquisition in conjunction with the provision of additional FISH Capacityadjacent to an existing school site; or b. Mitigation (b) Provision of additional Permanent Student Stations through the donation of permanent buildings for use as a primary or alternative public school facility, provided that such building meet SREF standards; or (c) Provision of additional Permanent Student Stations through the renovation of existing buildings for use as public school facilities; or (d) Construction of Permanent Student Stations or Core Facilities; or (e) Construction of a school in advance of the time set forth in the DFWP; or (f) Creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity creditscapacity created; or c. Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stations; or f. Construction of a public school facility in advance of the time set forth in the Five Year District Facilities Work Program. g. (g) Construction of a charter school designed in accordance with School Board standards, providing sufficient permanent capacity to the District’s inventory of student stationsPermanent Student Stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board; or (h) The contribution of funds or other financial or financing initiatives acceptable to the School Board to ensure that the financial feasibility of the DFWP can be maintained by the implementation of the mitigation options; or (i) The contribution of funds or other financial or financing initiatives acceptable to the School Board to ensure that infrastructure improvements to support a public school facility that are the obligation of the School Board will be in place when necessary. (d) For mitigation measures (a) thru (g) above13.6 Pursuant to section 163.3180(13)(e)2, Florida Statutes, as to a contribution of land; the construction, expansion or payment for land acquisition; or the construction or expansion of a public school facility, or a portion thereof, as Proportionate Share Mitigation, the estimated County or applicable Municipality shall credit such contribution, construction, expansion, or payment toward any other impact fee or exaction imposed for the same need, on a dollar-for-dollar basis at fair market value prior to the development approval. 13.7 If the cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive Educational Facilities impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) If the proportionate share mitigation required Proportionate Share Mitigation is greater than the applicable school impact fees generated by the developmentfee credits, the difference between the developer’s proportionate share Mitigation costs and the school impact fee credit shall be is the responsibility of the developerDeveloper. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity improvement identified in the Five Year District Facilities Work Program. (h) 13.8 Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed to, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures if Proportionate Share Mitigation has been identified and agreed to by the local government, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the local governmentLocal Government, the School Board and the Developer Applicant, consistent with the applicable Land Development Regulations governing development agreements, if any, the School Board shall issue a Concurrency Determination Letter indicating that adequate capacity is or will be available for the proposed development. The Proportionate Share Mitigation Agreement shall specifically details detail mitigation provisions provisions, identify the capacity project, indicate the financial contribution to be paid for by the developer Applicant, provide a method of surety in form of a bond or letter of credit in the amount of the contribution, and the include any relevant terms and conditions. In accordance with 163.3180(6)(h) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation Proportionate Share Mitigation is not agreed to, the Determination a Final Concurrency Deficiency Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate FISH Capacity is available, or that there is no available FISH Capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action be issued by the School Board for purposes to the Applicant and the Local Government detailing any Proportionate Share Mitigation proposals rejected and explaining the lack of Chapter 120, F.S.available capacity.

Proportionate Share Mitigation. a) In the event that there is not sufficient FISH Capacity adequate capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.aa development, the School Board shall District may entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer and the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacityschool capacity. (ab) When the student impacts from a proposed development would cause the adopted LOS Level of Service to fail, the developer’s proportionate share will mitigation for the development shall be based on the number of additional student stations necessary to meet the established LOSlevel of service. The amount to be paid will shall be calculated by utilizing the actual cost per student station allocations for elementary, middle, junior and high school school, as determined and published established by the State of Floridacurrent construction costs in Clay County, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Clay County School District’s Educational Facilities Work ProgramPlan (EFP). (b1) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) Number of New Student Stations Required for Mitigation x Total Costª Cost¹ per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the Student Station Where: ¹The cost per student station as determined and published by the State Department of FloridaEducation cost per student station, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work ProgramClay County School District’s EFP. (c) The applicant shall be allowed 30 days to attend a pre-application meeting with all affected agencies for which adequate public facility capacity does not exist to discuss mitigation options. Thereafter, the applicant shall have 30 days to submit an application for proportion share mitigation to enter into a negotiation period with the School Board not to exceed ninety (90) days in an effort to mitigate the impact from the development through the creation of additional FISH Capacityschool capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development order. 1. d) A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity school capacity project identified in the Five Year District School District’s Educational Facilities Work ProgramPlan (EFP). FISH Capacity projects identified within the first three (3) years of the Five Year District Facilities Work Program EFP shall be considered as committed in accordance with Section 10.5 14.4 of this Agreement. 2. If FISH Capacity projects are planned in years four (41) or five (5) of the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3. If a FISH Capacity capacity project does not exist in the Five Year District Facilities Work ProgramSchool District’s EFP, the School Board may add a FISH Capacity capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s proportionate share mitigation contributions in the next update as long as financial feasibility of the ProgramEFP can be maintained. Mitigation options may include, but are not limited to: a. (a) Contribution of land or and/or a monetary payment for land acquisition in conjunction with the provision of additional FISH Capacityschool capacity; or b. Mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity credits; or c. (b) Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. (c) Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. (d) Construction or expansion of permanent student stationsstations or core capacity; or f. (e) Construction of a public school facility in advance of the time set forth in the Five Year District Facilities Work Program.School District’s EFP; or g. (f) Construction of a charter school designed in accordance with School Board District standards, providing sufficient permanent capacity to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. (d2) In exchange for the mitigation banking of funds for the construction of a public school facility, the developer shall have the right to sell capacity credits for school capacity in excess of what was required to serve the proposed residential development for use within the initially impacted SCSAs and those SCSAs determined to be contiguous. Use of capacity credits for any purpose or at any location not stipulated in the original binding agreement between the developer, the County or Local Government and the School Board shall require a new binding agreement between the aforementioned parties and shall be calculated based og the most current cost estimates per student station. e) For mitigation measures (a) thru (g) options provided above, the costs associated with the identified mitigation shall be based on the estimated cost to construct of the mitigating permanent capacity will reflect improvement on the date that the improvement is programmed for construction. Future costs shall be calculated using estimated future construction costs values at the time the mitigation is anticipated to commence. 1) The cost of the anticipated construction. Improvements contributed mitigation required by the developer shall receive Educational Facilities be credited toward the payment of the school impact fee creditfee. (e2) Developer shall receive an impact fee credit for that portion of If the developer’s educational impact used to fund the improvements on which the proportionate share required mitigation is calculated. (f) If the proportionate share mitigation required cost is greater than the school impact fees generated by for the development, the difference between the developer’s proportionate share mitigation costs and the impact fee credit shall be is the responsibility of the developer. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity improvement identified in the Five Year District Facilities Work Program. (hf) Upon conclusion of the negotiation period, a second Determination Letter the School Board shall be issueddetermine whether or not capacity has been identified to serve the development. If mitigation is has been agreed to, the School Board District shall issue a new Determination School Concurrency Reservation Letter approving indicating that adequate capacity is available for the development subject to those mitigation measures agreed to by the local governmentdevelopment, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, once the mitigation measures shall be have been memorialized in an enforceable and binding agreement with the local government, the School Board and the Developer that developer. The mitigation agreement shall specifically details detail mitigation provisions provisions, identify the capacity project, indicate the financial contribution to be paid for by the developer developer, provide a method of surety in form of a bond or letter of credit in the amount of the contribution, and the include any relevant terms and conditions. In accordance with 163.3180(6)(h) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination a final School Concurrency Deficiency Letter shall detail be issued by the School Board to the developer and the local government detailing why any mitigation proposals were rejected rejected, and why the development is not in compliance with school concurrency requirements. . g) A School Capacity Determination Concurrency Reservation Letter or a School Concurrency Deficiency Letter, indicating either that adequate FISH Capacity capacity is available, or that there is no available FISH Capacity capacity following the ninety (90) day a negotiation period as described in Section 13.5 14.7 of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S. h) Failure to reach an agreement within the ninety (90) day negotiation period shall result in the issuance of a denial letter.

Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity school capacity available within the adopted LOS to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.aan Applicant’s development, the School Board shall entertain District in coordination with the applicable Local Government(s) may offer the applicant the opportunity to consider proportionate share mitigation options options. If an option is accepted by the Applicant, and, if accepted, shall enter into an enforceable and binding agreement with the local government Applicant, the School Board, and developer the Local Government(s) shall enter into an enforceable and binding agreement to mitigate the impact from the development through the creation of additional FISH Capacityschool capacity. (a) a. When the student impacts from a proposed development cause a failure to meet the adopted LOS to failstandard, the developerApplicant’s proportionate share will be based on the number of additional student stations necessary to meet the established LOSLOS standard for the affected school type(s). The amount to be paid will be calculated by the total cost per student station for elementary, middle, and high school as determined and published by the State of Floridatypes, plus a share of the which includes land acquisition acquisition, construction and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Programsites. (b) b. The methodology used to calculate a developeran Applicant’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª ²Total Cost per student station Where the following definitions apply: ¹Development students = Students generated by residential development that are assigned to that CSA for the affected school ªTotal type(s). ²Total Cost = the The cost per student station as determined and published by the State of Floridaschool type, plus a share of the which includes land acquisition acquisition, construction and infrastructure expenditures for school sites as determined and published annually in inby the Five School District Board’s 5-Year District Facilities Work Program. (c) c. The applicant shall Applicant may be allowed to enter a negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional FISH Capacitycapacity. Upon identification identification, and acceptance of a the mitigation option deemed financially feasible by the School BoardBoard and the applicable Local Government, the developer Applicant shall enter into a binding and enforceable agreement with the School Board and the local government Local Government with jurisdiction over the approval of the development order. 1. A mitigation contribution provided by a developer an Applicant to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity school capacity project for the impacted school type(s), and identified in the Five School Board’s 5-Year District Facilities Work Program. FISH Capacity projects identified within the first three (3) years of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity capacity projects are planned in years four (4) or five (5) of the Five School Board’s 5-Year District Facilities Work Program within the same CSA as the proposed residential development, the developer tThe Applicant may pay his proportionate share to mitigate the proposed development impacts in accordance with the formula provided in Section 13.5 11.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 32. If a FISH Capacity capacity project does not exist in the Five School Board’s 5-Year District Facilities Work Program, the School Board may add a FISH Capacity capacity project to the School Board’s 5-Year District Facilities Work Program to satisfy the impacts impact from a proposed residential development, if it is funded through the developerApplicant’s proportionate share mitigation contributions in the next update of the Programor some other specified funding source. Mitigation options may include, but are not limited toto the following: a. (a) Contribution of land or payment for land acquisition in conjunction with the provision of additional FISH Capacityschool capacity; or b. (b) Mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity capacity credits; or c. (c) Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. (d) Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. (e) Construction or expansion of permanent student stationsstations or core capacity; or f. (f) Construction of a public school facility in advance of the time set forth in the Five School Board’s 5-Year District Facilities Work Program.; or g. (g) Construction of a charter school designed facility in accordance with School Board standards, providing sufficient permanent capacity to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership advance of the charter school property and/or operation of the school to time set forth in the School Board’s 5-Year District Facilities Work Program, providing that it is built according to State Requirements for Educational Facilities (SREF) standards. (d) 3. For mitigation measures (aapproved by the School Board(a) thru through (g) above, the estimated cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. 4. Improvements contributed by the developer Applicant shall receive Educational Facilities school impact fee credit. (e) Developer credit if applicable. The Applicant shall receive an impact fee credit for that portion of the developerApplicant’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) 5. If the proportionate share mitigation required is greater than the impact fees generated by the development, the difference between the developerApplicant’s proportionate share and the impact fee credit shall be the responsibility of the developerApplicant. (g) 6. Any proportionate share mitigation must be directed by the School Board toward a FISH Capacity school capacity improvement identified in the Five School Board’s 5- Year District Facilities Work Program. (h) 7. Upon conclusion of the negotiation period, a second Determination Letter SCADL shall be issued. . (a) If mitigation is agreed to, the School Board staff shall issue a new Determination Letter SCADL approving the Applicant’s development subject to those mitigation measures agreed to by the local governmentLocal Government(s), developer Applicant and the School Board. Prior to preliminary platsFinal site plan, site plan subdivision plan, plat approval or the functional equivalent, shall not be approved until the mitigation measures shall be beare memorialized in an enforceable and binding agreement with the local governmentLocal Government(s), the School Board and the Developer Applicant that specifically details mitigation provisions to be paid for by the developer Applicant and the includes all relevant terms and conditions. In accordance with 163.3180(6)(h. (a) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. (b) If mitigation is not agreed to, the Determination Letter SCADL shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter SCADL indicating either that adequate FISH Capacity capacity is available, or that there is no available FISH Capacity capacity following the ninety (90) day negotiation period as described in Section 13.5 11.5(c) of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S.

Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.a, the The School Board shall entertain establish within the District Facilities Work Program the following standards for the application of proportionate share mitigation options andmitigation: 1. Student Generation Multipliers for single family, if accepted, shall enter into an enforceable multi family and binding agreement with the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacity. (a) When the student impacts from a proposed development cause the adopted LOS to fail, the developer’s proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station mobile home housing types for elementary, middle, middle and high school as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (b) The methodology used to calculate a developer’s proportionate share mitigation schools. Student Generation Multipliers shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated based upon the best available district-specific data and derived by residential development that are assigned a professionally acceptable methodology acceptable to that school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (c) The applicant shall be allowed to enter a negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional FISH Capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board; 2. Cost per Student Station estimates for elementary, the developer middle and high schools. Such estimates shall enter into a binding include all cost of providing instructional and enforceable agreement with core capacity including, without limitation, land, design, buildings, equipment and furniture, and site improvements. The cost of ancillary facilities that generally support the School Board and the local government capital costs associated with jurisdiction over the transportation of students shall not be included in the Cost per Student Station estimate used for proportionate share mitigation; 3. The capacity of each school; and 4. The current and reserved enrollment of each school. The above factors shall be reviewed annually and certified for application for proportionate share mitigation purposes during the period that the District Facilities Work Program is in effect. In the event that there is not sufficient capacity in the affected or contiguous concurrency service area to address the impacts of a proposed development, the following steps shall apply. Either (i) the project must provide capacity enhancement sufficient to meet its impacts through proportionate share mitigation; or (ii) a condition of approval of the development order.site plan or final plat (or functional equivalent) shall be that the project’s impacts shall be phased and building permits shall be delayed to a date when capacity enhancement and Level of Service can be assured; or (iii) the project must not be approved. The school board and the affected local government shall coordinate on the possibility of mitigation. Options for providing proportionate share mitigation for any approval of additional residential dwelling units that triggers a failure to meet the Level of Service Standard for public school capacity will be specified in the County’s and Cities’ Public School Facilities Elements. Options shall include the following: 1. A mitigation contribution provided by a developer to offset the impact Money – Contribute full capital cost of a residential development must planned project, or project proposed to be directed by the School Board toward a FISH Capacity project identified in the Five Year District Facilities Work Program. FISH Capacity projects identified within added to the first three (3) years of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity projects are planned in years four (4) or five (5) of the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3. If a FISH Capacity project does not exist in the Five Year District Facilities Work Program, in the affected concurrency service areas, providing sufficient capacity to absorb the excess impacts of the development, on land owned by the School Board may add or donated by another development. 2. Land - Donate land to and/or capital dollars equal to the cost of impact to the School Board needed for construction of a FISH Capacity planned project, or project proposed to satisfy be added to the impacts from first three (3) years of the District Facilities Work Program in the affected concurrency service areas, and the School Board or some other entity funds the construction of or constructs the project. 3. Construction - Build a planned project, or project proposed residential to be added to the first three (3) years of the District Facilities Work Program, on land owned by the School Board or donated by another development, if it is funded through with sufficient capacity to absorb the developer’s proportionate share mitigation contributions excess impact of the development in the next update affected concurrency service area. (Usually, projects are more than one classroom). 4. Mix and Match - Combine two or more of these options to provide sufficient capacity to mitigate the estimated impact of the Programresidential development on the affected concurrency service areas. 5. Mitigation options may include, but are not limited to: a. Contribution of land or payment for land acquisition in conjunction with the provision of additional FISH Capacity; or b. banking - Mitigation banking within designated areas based on the construction of a public school facility in exchange for the right to sell FISH capacity credits. Capacity credits; or c. Provision of additional student stations through credits shall only be transferred to developments within the donation of buildings for use as same concurrency service area or a primary contiguous concurrency service area. Mitigation banking shall be administered by the School Board in accordance with the requirements Proportionate share mitigation must be acceptable to the School Board. Mitigation shall be directed to projects added to or alternative learning facility; or d. Provision of additional student stations through in the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stations; or f. Construction of a public school facility in advance first three (3) years of the time set forth in District Facilities Work Program that the Five Year School Board agrees will satisfy the demand created by that development approval. The amount of mitigation required shall be calculated based on the cost per student station, as defined above, and for each school type (elementary, middle and high) for which there is not sufficient capacity. The Proportionate Share for a development shall be determined by the following formulas: Student Generation Multiplier (By Housing Type And School Type)] – Credit for Districtwide Capacity of Magnet Schools and Charter Schools that are Not Over LOS Standard – The full cost of proportionate share mitigation shall be required from the proposed development. The local government and the School Board shall consider the evaluation report and the options that may be available for proportionate share mitigation including the amendment of the District Facilities Work Program. g. Construction . If the local government and the School Board find that options exist for proportionate share mitigation, they shall authorize the preparation of a charter school designed in accordance with School Board standards, providing sufficient permanent capacity development agreement and other documentation appropriate to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. (d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive Educational Facilities impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer’s educational impact used to fund the improvements on which implement the proportionate share mitigation option(s). A legally binding development agreement shall be entered into between the School Board, the relevant local government, and the applicant and executed prior to issuance of the final plat, site plan or functional equivalent. In that agreement, if the School Board accepts the mitigation, the School Board must commit to place the improvement required for mitigation in the first three (3) years of the Five Year Plan. This development agreement shall include the landowner’s commitment to continuing renewal of the development agreement until the mitigation is calculated. (f) If the proportionate share mitigation required is greater than the impact fees generated completed as determined by the development, School Board. This agreement shall also address the difference between the developer’s proportionate share and amount of the impact fee credit shall that may be due for the responsibility mitigation, and the manner in which it will be credited. Upon execution of a development agreement among the developer. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity improvement identified in the Five Year District Facilities Work Program. (h) Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed toapplicant, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the local government, developer government and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, the mitigation measures local government may issue a development order for the development. The development order shall be memorialized in an enforceable and binding agreement condition approval upon compliance with the local government, the School Board and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. In accordance with 163.3180(6)(h) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate FISH Capacity is available, or that there is no available FISH Capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S.agreement.

Proportionate Share Mitigation. 13.1 In the event that there is not sufficient FISH Capacity capacity available at the adopted Levels of Service (LOS) to support the students generated from the serve projected student populations of a proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.adevelopment, the School Board shall entertain proportionate share mitigation offer Proportionate Share Mitigation options andto the Applicant and the School Board and County, if acceptedor applicable Municipality, shall may enter into an enforceable and binding agreement with the local government and developer Applicant to mitigate the impact from the development through the creation provide said Mitigation. Upon issuance of additional FISH Capacity. (a) When the student impacts from a proposed development cause the adopted LOS to failPreliminary Concurrency Deficiency Letter, the developer’s proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle, and high school as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (b) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (c) The applicant shall be allowed Applicant may elect to enter into a forty-five (45) day negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional school capacity. The negotiation period commences on the date of the delivery receipt required in Section 12 of this Agreement. The 45 day negotiation period includes the ten day period specified in Section 12.6 of this Agreement and tolls the conclusion of the ten day period to request such a hearing until the conclusion of the negotiation period. 13.2 The Applicant’s Proportionate Share Mitigation shall be based on the number of additional Permanent Student Stations plus the portion of Core and ancillary facilities necessary to provide capacity at the adopted Levels of Service for the proposed development’s projected student population where said capacity is not available in the SCSA or adjacent SCSAs. 13.3 The methodology used to calculate School Concurrency Proportionate Share Mitigation shall be as follows: Proportionate Share = (Development studentsa - Available FISH CapacityPermanent Capacityb) x Total Costc per student station Where: ªDevelopment students = Students that will be generated by the proposed development that are assigned to that particular SCSA. Upon identification and acceptance of a mitigation option deemed financially feasible bAvailable FISH Capacity = Capacity available or if no FISH Capacity is available zero. cTotal Cost = the cost per Permanent Student Station as determined using the actual construction cost per the School Impact Fee Study as implemented by the School BoardImpact Fee Ordinance, as amended, at the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development ordertime when Proportionate Share Mitigation is accepted. 1. A mitigation contribution provided by a developer to offset the impact of a residential development 13.4 Any Proportionate Share Mitigation must be directed by the School Board toward to a FISH Capacity project school capacity improvement identified in the Five Year District Facilities Work Program. FISH Capacity projects identified within capital improvement schedule in the first three (3) years DFWP and in the Capital Improvement Elements in the Comprehensive Plans of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity projects are planned in years four (4) or five (5) of County and each Municipality to maintain financial feasibility based upon the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3adopted LOS. If a FISH Capacity capacity project does not exist in the Five Year District Facilities Work ProgramDFWP, the School Board may may, in its sole discretion, add a FISH Capacity capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s proportionate share mitigation contributions in the next update development as long as financial feasibility of the Program. DFWP can be maintained. 13.5 Mitigation options may available to an Applicant include, but are not limited to, the following: a. (a) Contribution of land for an entire school site meeting the applicable School Siting Standards or payment for land acquisition in conjunction with the provision of additional FISH Capacityadjacent to an existing school site; or b. Mitigation (b) Provision of additional Permanent Student Stations through the donation of permanent buildings for use as a primary or alternative public school facility, provided that such building meet SREF standards and provided that such student stations are not relocatable or other temporary classrooms; or (c) Provision of additional Permanent Student Stations through the renovation of existing buildings for use as public school facilities; or (d) Construction of Permanent Student Stations or Core Facilities; or (e) Construction of a school in advance of the time set forth in the DFWP; or (f) Creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity creditscapacity created; or c. Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stations; or f. Construction of a public school facility in advance of the time set forth in the Five Year District Facilities Work Program. g. (g) Construction of a charter school designed in accordance with School Board standards, providing sufficient permanent capacity to the District’s inventory of student stationsPermanent Student Stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board; or (h) The contribution of funds or other financial or financing initiatives acceptable to the School Board to ensure that the financial feasibility of the DFWP can be maintained by the implementation of the mitigation options; or (i) The contribution of funds or other financial or financing initiatives acceptable to the School Board to ensure that infrastructure improvements to support a public school facility that are the obligation of the School Board will be in place when necessary. (d) For mitigation measures (a) thru (g) above13.6 Pursuant to section 163.3180(13)(e)2, Florida Statutes, as to a contribution of land; the construction, expansion or payment for land acquisition; or the construction or expansion of a public school facility, or a portion thereof, as Proportionate Share Mitigation, the estimated County or applicable Municipality shall credit such contribution, construction, expansion, or payment toward any other impact fee or exaction imposed for the same need, on a dollar-for-dollar basis at fair market value prior to the development approval. 13.7 If the cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive Educational Facilities impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) If the proportionate share mitigation required Proportionate Share Mitigation is greater than the applicable school impact fees generated by the developmentfee credits, the difference between the developer’s proportionate share Mitigation costs and the school impact fee credit shall be is the responsibility of the developerDeveloper. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity improvement identified in the Five Year District Facilities Work Program. (h) 13.8 Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed to, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures if Proportionate Share Mitigation has been identified and agreed to by the local government, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the local governmentLocal Government, the School Board and the Developer Applicant, consistent with the applicable Land Development Regulations governing development agreements, if any, the School Board shall issue a Concurrency Determination Letter indicating that adequate capacity is or will be available for the proposed development. The Proportionate Share Mitigation Agreement shall specifically details detail mitigation provisions provisions, identify the capacity project, indicate the financial contribution to be paid for by the developer Applicant, provide a method of surety in form of a bond or letter of credit in the amount of the contribution, and the include any relevant terms and conditions. In accordance with 163.3180(6)(h) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation Proportionate Share Mitigation is not agreed to, the Determination a Final Concurrency Deficiency Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate FISH Capacity is available, or that there is no available FISH Capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action be issued by the School Board for purposes to the Applicant and the Local Government detailing any Proportionate Share Mitigation proposals rejected and explaining the lack of Chapter 120, F.S.available capacity.

Proportionate Share Mitigation. a) In the event that there is not sufficient FISH Capacity adequate capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.aa development, the School Board shall District may entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer and the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacityschool capacity. (ab) When the student impacts from a proposed development would cause the adopted LOS Level of Service to fail, the developer’s proportionate share will mitigation for the development shall be based on the number of additional student stations necessary to meet the established LOSlevel of service. When the student impacts from a proposed development affect a school that exceeds the adopted level of service standard, the developer’s proportionate share mitigation for the development shall be based on the demand created by the development. The amount to be paid will shall be calculated by utilizing the cost per student station allocations for elementaryfor each school type, middle, and high school as determined and published established by the State Department of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work ProgramEducation. (b1) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) Number of New Student Stations Required for Mitigation x Total Costª Cost¹ per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the Student Station Where: ¹The cost per student station as determined and published by the State Department of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work ProgramEducation cost per student station. (c) The applicant shall be allowed 30 days to attend a pre-application meeting with all affected agencies for which adequate public facility capacity does not exist to discuss mitigation options. Thereafter, the applicant shall have 30 days to submit an application for proportion share mitigation to enter into a negotiation period with the School Board not to exceed ninety (90) days in an effort to mitigate the impact from the development through the creation of additional FISH Capacityschool capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development order. 1. d) A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity school capacity project identified in the Five Year District School District’s Educational Facilities Work ProgramPlan (EFP). FISH Capacity projects identified within the first three (3) years of the Five Year District Facilities Work Program EFP shall be considered as committed in accordance with Section 10.5 14.4 of this Agreement. 2. If FISH Capacity projects are planned in years four (41) or five (5) of the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3. If a FISH Capacity capacity project does not exist in the Five Year District Facilities Work ProgramSchool District’s EFP, the School Board may add a FISH Capacity capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s proportionate share mitigation contributions in the next update as long as financial feasibility of the ProgramEFP can be maintained. Mitigation options may include, but are not limited to: a. (a) Contribution of land or and/or a monetary payment for land acquisition in conjunction with the provision of additional FISH Capacityschool capacity; or b. Mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity credits; or c. (b) Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. (c) Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. (d) Construction or expansion of permanent student stationsstations or core capacity; or f. (e) Construction of a public school facility in advance of the time set forth in the Five Year District Facilities Work Program.School District’s EFP; or g. (f) Construction of a charter school designed in accordance with School Board District standards, providing sufficient permanent capacity to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. (d2) In exchange for the mitigation banking of funds for the construction of a public school facility, the developer shall have the right to sell capacity credits for school capacity in excess of what was required to serve the proposed residential development for use within the same affected SCSAs. e) For mitigation measures (a) thru (g) options provided above, the costs associated with the identified mitigation shall be based on the estimated cost to construct of the mitigating permanent capacity will reflect improvement on the date that the improvement is programmed for construction. Future costs shall be calculated using estimated future construction costs values at the time the mitigation is anticipated to commence. 1) The cost of the anticipated construction. Improvements contributed mitigation required by the developer shall receive Educational Facilities be credited toward the payment of the school impact fee creditfee. (e2) Developer shall receive an impact fee credit for that portion of If the developer’s educational impact used to fund the improvements on which the proportionate share required mitigation is calculated. (f) If the proportionate share mitigation required cost is greater than the school impact fees generated by for the development, the difference between the developer’s proportionate share mitigation costs and the impact fee credit shall be is the responsibility of the developer. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity improvement identified in the Five Year District Facilities Work Program. (hf) Upon conclusion of the negotiation period, a second Determination Letter the School Board shall be issueddetermine whether or not capacity has been identified to serve the development. If mitigation is has been agreed to, the School Board District shall issue a new Determination School Concurrency Reservation Letter approving indicating that adequate capacity is available for the development subject to those mitigation measures agreed to by the local governmentdevelopment, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, once the mitigation measures shall be have been memorialized in an enforceable and binding agreement with the local government, the School Board and the Developer that developer. The mitigation agreement shall specifically details detail mitigation provisions provisions, identify the capacity project, indicate the financial contribution to be paid for by the developer developer, provide a method of surety in form of a bond or letter of credit in the amount of the contribution, and the include any relevant terms and conditions. In accordance with 163.3180(6)(h) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination a final School Concurrency Deficiency Letter shall detail be issued by the School Board to the developer and the local government detailing why any mitigation proposals were rejected rejected, and why the development is not in compliance with school concurrency requirements. . g) A School Capacity Determination Concurrency Reservation Letter or a School Concurrency Deficiency Letter, indicating either that adequate FISH Capacity capacity is available, or that there is no available FISH Capacity capacity following the ninety (90) day a negotiation period as described in Section 13.5 14.7 of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S. h) Failure to reach an agreement within the ninety (90) day negotiation period shall result in the issuance of a denial letter.

Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.a, the School Board shall entertain a. Options for providing proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the local government and developer to mitigate the impact from the development through the creation for any approval of additional FISH Capacity. (a) When the student impacts from residential dwelling units that triggers a proposed development cause the adopted LOS to fail, the developer’s proportionate share failure of level-of-service for public school capacity will be based on specified in the number of additional student stations necessary to meet the established LOSCounty's and City's land development codes and this XXX. The amount to of mitigation required shall be paid will be calculated determined by the most current cost per student station for elementary, middle, applicable to Escambia County and high school as determined and published by where applicable shall include land costs. Options shall include the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program.following: (bi) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated by residential development that are assigned to that contribution of or payment for acquisition of new or expanded school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program.sites; (cii) The applicant shall be allowed to enter a negotiation period with the School Board in an effort to mitigate the impact from the development through construction or expansion of permanent school facilities; (iii) mitigation banking, the creation of additional FISH Capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development order. 1. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity project identified in the Five Year District Facilities Work Program. FISH Capacity projects identified within the first three (3) years of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity projects are planned in years four (4) or five (5) of the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3. If a FISH Capacity project does not exist in the Five Year District Facilities Work Program, the School Board may add a FISH Capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s proportionate share mitigation contributions in the next update of the Program. Mitigation options may include, but are not limited to: a. Contribution of land or payment for land acquisition in conjunction with the provision of additional FISH Capacity; or b. Mitigation banking based on the construction of a public school facility in exchange for the right to sell FISH Capacity excess capacity credits; or. c. Provision of additional student stations through (iv) charter schools, provided they are constructed to State Requirements for Educational Facilities (SREF) standards, so that it can be relied on over the donation of buildings for use longer term as a primary or alternative learning facility; orpublic school capacity, designed to whatever minimum size and specifications established by the School District to ensure that if the Schools District is required it can efficiently operate the school. d. Provision of additional student stations through b. In the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stations; or f. Construction event that the School Board reports that mitigation may be accepted in order to offset the impacts of a public school facility in advance of proposed development, where the time LOS standards set forth in this Agreement otherwise would be exceeded, the Five Year District Facilities Work Programfollowing procedure shall be used. g. Construction of (i) The applicant shall initiate in writing a charter school designed in accordance mitigation negotiation period with the School Board standardsin order to establish an acceptable form of mitigation, providing sufficient permanent capacity pursuant to the District’s inventory of student stations. Use of a charter school for Section 163.3180, Florida Statutes, and this XXX. (ii) The following standards apply to any mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to accepted by the School Board.: (d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive Educational Facilities impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) If the proportionate share mitigation required is greater than the impact fees generated by the development, the difference between the developer’s proportionate share and the impact fee credit shall be the responsibility of the developer. (g) Any proportionate share Proposed mitigation must be directed by the School Board toward a FISH Capacity permanent school capacity improvement identified in the Five School Board's financially feasible 5-Year District Facilities Work ProgramPlan, which satisfies the demands created by the proposed development. (hb) Upon conclusion of the negotiation period, a second Determination Letter Mitigation shall be issued. If mitigation is agreed toassured by a legally binding agreement between the School Board, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the relevant local government, developer and the School Board. Prior applicant executed prior to preliminary plat, site plan approval or issuance of any building permit for the functional equivalent, the project. c) Relocatable classrooms will not be accepted as mitigation. c. The applicant's total proportionate-share mitigation measures obligation to resolve a capacity deficiency shall be memorialized in an enforceable and binding agreement with based on the local governmentfollowing formula, for each school level: multiply the School Board and number of new student stations required to serve the Developer that specifically details mitigation provisions to be paid for new development by the developer average cost per student station. The average cost per student station shall include school facility development costs and land costs. The applicant's proportionate-share mitigation obligation will be credited toward any other impact fee imposed by local ordinance for the relevant terms and conditions. In accordance with 163.3180(6)(h) F.S.same need, having executed on a legally binding commitmentdollar-for-dollar basis, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate FISH Capacity is available, or that there is no available FISH Capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S.at fair market value.

Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.a, the The School Board shall entertain establish within the Five-Year Capital Facilities Plan the following standards for the application of proportionate share mitigation options andmitigation: 1. Student Generation Multipliers for single family, if acceptedmulti-family, shall enter into an enforceable and binding agreement with the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacity. (a) When the student impacts from a proposed development cause the adopted LOS to fail, the developer’s proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station mobile home housing types for elementary, middle, and high schools. Student Generation Multipliers shall be based upon the best available district-specific data and derived by a professionally acceptable methodology; and 2. Cost per Student Station estimates for elementary, middle, high schools, and special purpose schools. Such estimates shall include all costs to provide instructional and core capacity including land, design, buildings, equipment and furniture, and site improvements. The cost of ancillary facilities that generally support the school as determined district and published by the State capital costs associated with the transportation of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually students shall not be included in the Five Year District Facilities Work Program. (b) The methodology Cost per Student Station estimate used to calculate for proportionate share mitigation. School Board policy shall establish a developer’s process by which the above factors are reviewed annually and certified for application for proportionate share mitigation purposes during the period that the Five-Year Capital Facilities Plan is in effect. In the event that there is not sufficient capacity in the affected or contiguous concurrency service area to address the impacts of a proposed development, the following steps shall apply. Either (i) the project must provide capacity enhancement sufficient to meet its impacts through proportionate share mitigation; or (ii) a condition of approval of the site plan, final plat, or subdivision (or functional equivalent) shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program. (c) The applicant project’s impacts shall be allowed to enter a negotiation period with phased and building permits shall be delayed until capacity enhancement and level of service can be assured; or (iii) the School Board in an effort to mitigate the impact from the development through the creation of additional FISH Capacityproject shall not be approved. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the The School Board and the affected local government with jurisdiction over shall coordinate on the approval possibility of the development order. 1mitigation. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity project identified in the Five Year District Facilities Work Program. FISH Capacity projects identified within the first three (3) years of the Five Year District Facilities Work Program shall be considered as committed in accordance with Section 10.5 of this Agreement. 2. If FISH Capacity projects are planned in years four (4) or five (5) of the Five Year District Facilities Work Program within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 13.5 (b) of this Agreement. This may not change the timing of the Five Year District Facilities Work Program. 3. If a FISH Capacity project does not exist in the Five Year District Facilities Work Program, the School Board may add a FISH Capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer’s Options for providing proportionate share mitigation contributions for any approval of additional residential dwelling units that triggers a failure of level of service for public school capacity will be specified in the next update County’s and Cities’ public school facilities elements. Options shall include the following: (i) contribution of the Program. Mitigation options may include, but are not limited to: a. Contribution of land or payment for land acquisition in conjunction with the provision of additional FISH Capacitynew or expanded school sites; or b. Mitigation (ii) construction or expansion of, or payment for, permanent school district facilities; (iii) mitigation banking within designated areas based on the construction of a public school facility in exchange for the right to sell FISH capacity credits. Capacity credits; or c. Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or d. Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or e. Construction or expansion of permanent student stations; or f. Construction of a public school facility in advance of the time set forth in the Five Year District Facilities Work Program. g. Construction of a charter school designed in accordance with School Board standards, providing sufficient permanent capacity to the District’s inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. (d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating permanent capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive Educational Facilities impact fee credit. (e) Developer shall receive an impact fee credit for that portion of the developer’s educational impact used to fund the improvements on which the proportionate share mitigation is calculated. (f) If the proportionate share mitigation required is greater than the impact fees generated by the development, the difference between the developer’s proportionate share and the impact fee credit shall be the responsibility of the developer. (g) Any proportionate share mitigation must directed by the School Board toward a FISH Capacity improvement identified in the Five Year District Facilities Work Program. (h) Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed to, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the local government, developer and the School Board. Prior to preliminary plat, site plan approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the local government, the School Board and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. In accordance with 163.3180(6)(h) F.S., having executed a legally binding commitment, school concurrency is satisfied and the development may proceed. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A School Capacity Determination Letter indicating either that adequate FISH Capacity is available, or that there is no available FISH Capacity following the ninety (90) day negotiation period as described in Section 13.5 of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120, F.S.credits shall