September 27, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 235
Educational Facilities
View Entire Chapter
Section 235.34, Florida Statutes 2001

235.34  Expenditures authorized.--

(1)(a)  Subject to exemption from the assessment of fees pursuant to s. 235.26(1), school boards, boards of trustees, the Board of Regents, boards of county commissioners, municipal boards, and other agencies and boards of the state may expend funds, separately or collectively, by contract or agreement, for the placement, paving, or maintaining of any road, byway, or sidewalk if the road, byway, or sidewalk is contiguous to or runs through the property of any educational plant or for the maintenance or improvement of the property of any educational plant or of any facility on such property. Expenditures may also be made for sanitary sewer, water, stormwater, and utility improvements upon, or contiguous to, and for the installation, operation, and maintenance of traffic control and safety devices upon, or contiguous to, any existing or proposed educational plant.

(b)  A board may pay its proportionate share of the cost of onsite and offsite system improvements necessitated by the educational facility development, but a board is not required to pay for or install any improvements that exceed those required to meet the onsite and offsite needs of a new public educational facility or an expanded site. Development exactions assessed against school boards or community college districts may not exceed the proportionate share of the cost of system improvements necessitated by the educational facility development and may not address existing facility or service backlogs or deficits.

(c)  The boards of county commissioners, municipal boards, and other agencies and boards of the state may plant or maintain trees, flowers, shrubbery, and beautifying plants upon the grounds of any educational plant, upon approval of the superintendent or president or the designee of either of them. Payment by a board for any improvement set forth in this section shall be authorized in any amounts agreed to by the board. Any payments so authorized to be made are not mandatory unless the specific improvement and costs have been agreed to prior to the improvement's being made.

(2)  The provisions of any law, municipal ordinance, or county ordinance to the contrary notwithstanding, the provisions of this section regulate the levying of assessments for special benefits on school or community college districts and the directing of the payment thereof. Any municipal ordinance or county ordinance making provision to the contrary is void.

(3)  Notwithstanding any other law, if a board agrees to construct or upgrade water or sewer facilities, or otherwise provide, construct, upgrade, or maintain offsite infrastructure beyond its proportionate share of responsibility, the local government that issues development approvals shall assure that the board is reimbursed for the additional costs incurred, to the extent that other development occurs which demands use of such infrastructure.

History.--ss. 1, 2, ch. 28266, 1953; s. 1, ch. 69-300; s. 111, ch. 72-221; s. 5, ch. 73-338; s. 1, ch. 75-258; s. 19, ch. 77-458; s. 9, ch. 80-414; ss. 30, 50, 52, ch. 81-223; s. 105, ch. 83-217; s. 1, ch. 84-349; ss. 21, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 95-269; ss. 8, 11, ch. 95-341.

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