The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1013
EDUCATIONAL FACILITIES

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F.S. 1013.51

1013.51 Expenditures authorized for certain infrastructure.—

(1)(a) Subject to exemption from the assessment of fees pursuant to s. 1013.371(1), education boards, 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 Florida College System institution 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 Florida College System institution 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.

(4) Expenditure for infrastructure for universities shall be as authorized in s. 1013.30.

History.—s. 851, ch. 2002-387; s. 216, ch. 2011-5; s. 102, ch. 2012-5.

F.S. 1013.51 on Google Scholar

F.S. 1013.51 on Casetext

Amendments to 1013.51

Arrestable Offenses / Crimes under Fla. Stat. 1013.51

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1013.51.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WEST VILLAGES IMPROVEMENT DISTRICT, v. NORTH PORT ROAD AND DRAINAGE DISTRICT, a, 36 So. 3d 837 (Fla. Dist. Ct. App. 2010)

. . . On appeal, the Fifth District noted that section 1013.51, Florida Statutes (2005), permitted public schools . . . Remington was whether a charter school qualified for the statutory exemption provided for in section 1013.51 . . .

REMINGTON COMMUNITY DEVELOPMENT DISTRICT, v. EDUCATION FOUNDATION OF OSCEOLA, ETC., 941 So. 2d 15 (Fla. Dist. Ct. App. 2006)

. . . In 1953, the legislature enacted the precursor to section 1013.51, Florida Statutes (2005), which, as . . . public schools,” the only statutory exemption from special assessments that arguably applies — section 1013.51 . . . legislature exempted charter schools from “all statutes” contained in Chapter 1013, which includes section 1013.51 . . . Section 1013.51, Florida Statutes (2005), by contrast, simply states that a school board "may expend . . . Notwithstanding these seemingly contradictory statutes, the litigants seem content that the meaning of section 1013.51 . . .

CITY OF CLEARWATER, v. SCHOOL BOARD OF PINELLAS COUNTY,, 905 So. 2d 1051 (Fla. Dist. Ct. App. 2005)

. . . pleadings. 3.The Florida Statutes in effect at the time, sections 235.26 (now 1013.371) and 235.34 (now 1013.51 . . . Sections 235.26 and 235.34 have been amended and recodified as sections 1013.371 and 1013.51, respectively . . .