Meeting Time: December 09, 2025 at 9:00am EST
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Agenda Item

2.) 10:30 A.M. - 11:30 A.M. – Update on Educational Mitigation Agreements and Related Issues

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    Mariah Rabideau 17 days ago

    Good afternoon, Board Members. My name is Mariah Rabideau, a Weston parent and volunteer.

    As you review the recommendation to rescind or amend the Educational Mitigation Agreements, I want to encourage a deeper, more creative conversation about fiscal stewardship. Even though the potential financial impact is estimated at approximately $29.8 million if mitigation fees are replaced by school impact fees — versus over $94 million under current structures, depending on development patterns — these numbers represent far more than line items. They represent student capacity, long-term planning, and the trust the community places in this board to defend future stability.

    What concerns me most is that one workshop is not enough to carry the weight of a structural decision of this scale. Any experienced accountant or strategist knows that numbers alone don’t tell the story — alignment does. Alignment between policy and mission, between long-term growth and present realities, and between municipal development pressure and the actual experience of families inside our schools.

    Deadlines and pressure from outside bodies should not narrow the imagination or pace of this board.

    Please take the time needed to investigate every scenario, explore every model, and ensure that the “least-harm” path chosen today does not become the “most-regretted” path later.

    I also want to emphasize that transparency is key around major vendor relationships, including the district’s contract with Microsoft. At a moment when we are contemplating revenue loss and shifting fee structures, the public deserves clearer accounting of technology expenditures, licensing structures, and the annual cost burden. Without that transparency, it becomes difficult for families to understand why certain programs are cut while others proceed unquestioned.

    I urge you to approach this item not as a procedural step, but as an opportunity to model disciplined creativity — the kind that protects students now and safeguards the district’s future for decades to come.

    Thank you.

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    Commissioner Letitia Newbold 17 days ago

    Action Requested: Terminate and Rescind the Educational Mitigation Agreements

    This comment reflects the shared position of the municipalities affected by the Educational Mitigation Agreements, as well as the direction expressed by Broward County, the Broward County Planning Council, the Broward Housing Authority, and the development and business community working in the Local Activity Centers for nearly two decades.

    The Educational Mitigation Agreements no longer serve their intended purpose and now act as a barrier to redevelopment, housing production, and economic revitalization in areas that need it most. Enrollment continues to decline, and existing tools allow the District to address future capacity needs without relying on costly mitigation that restricts development.

    Stakeholders also recognize that the legal framework has changed. State law prohibits collecting fees above standard impact fees unless strict criteria are met, and the Florida Attorney General has confirmed that this statute applies to the Educational Mitigation Agreements. Broward County has already complied with the law and stopped collecting these additional fees. The Educational Mitigation Working Group, composed of municipal representatives, voted unanimously to recommend rescission and termination of the Agreements. Both the Planning Council and the County Commission have formally supported releasing the cities from these outdated obligations.

    Financial analysis using School District data shows that standard impact fees and future ad valorem growth will generate more revenue than the Agreements were ever projected to produce. High student station fees have not increased revenue; instead, they have prevented redevelopment entirely. Ending the Agreements will allow projects to move forward, generate impact fees, expand the tax base, and support long-term financial stability for the School District.

    For these reasons, the collective recommendation of the affected municipalities, Broward County, the Planning Council, and the development community is clear: the Educational Mitigation Agreements should be rescinded and terminated to align policy with state law, current enrollment realities, and the economic needs of our communities.

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    Mayor Steve Arnst 17 days ago

    Action Requested: Terminate and Rescind the Educational Mitigation Agreements
    I respectfully submit this comment regarding the Educational Mitigation Agreements adopted nearly two decades ago, which continue to affect a small number of cities, including Oakland Park. While originally enacted due to concerns about future enrollment, those projections did not occur. Schools are now under capacity. These Agreements have restricted redevelopment by requiring student station fees far above standard school impact fees. These added costs have stalled projects, reduced housing opportunities, and slowed revitalization in some of the most economically challenged areas.

    As you consider this item, I ask that you review several critical facts. State law now prohibits collecting fees above standard impact fees unless the dual rational nexus test is met. The Florida Attorney General has confirmed that this statute applies to the Educational Mitigation Agreements and that the required nexus is not met given current enrollment levels. Broward County has already ceased collecting these fees in compliance with state law. The Educational Mitigation Working Group, including all impacted municipalities, voted unanimously in October to recommend rescission of the Agreements, and both the Planning Council and County Commission have formally supported releasing cities from these outdated obligations.

    Financial analysis prepared by Lambert Advisory using School District data shows that under standard impact fees, the District is projected to receive roughly $27 million more than what the Agreements would have generated. The analysis also confirms that high student station fees have discouraged redevelopment rather than producing revenue. Transitioning to standard impact fees will allow stalled projects to move forward, generating impact fees and long-term ad valorem revenue that would not otherwise occur.

    Given the legal requirements, financial impacts, and current enrollment data, it is clear the Educational Mitigation Agreements no longer serve their intended purpose and now create barriers to responsible development and equitable treatment of affected municipalities. I urge the School Board to rescind and terminate the Agreements.

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    Renee Miller 17 days ago

    Good morning Chair and Board Members.

    My name is Renee Miller, President of R. Miller Consulting Group. I am here to present a case study on the real-world implications of student station fees in Broward County.

    My client, United Management is a residential development company whose owners of sole benefactor of the Weiner Museum of Decorative Arts (WMODA) . Since 2014, WMODA has served as a valued cultural arts facility in Broward County, partnering with schools and community programs to promote arts access.

    In 2021 WMODA initiated plans for a mixed-use cultural arts complex featuring:
    • a 33,000 square foot fixed arts museum
    • 110 unit mixed income residential apartments
    • public spaces and parking facilities

    After extensive site evaluations development team identified the Oakland Park downtown as an ideal location.

    The project faced a $1 million student station fee in excess of the standard impact fee due, which rendered the financial model untenable despite numerous mitigation attempts.

    As a result this project is being developed in the City of Lake Worth beach in Palm Beach County.

    And Broward County lost:

    • a unique cultural facility which will be the home one of only eight permanent Dale Chihuly Glass Exhibits globally
    • greater access to the arts for our students
    • a $70 million private investment
    • affordable market rate and artist housing opportunities
    • a continuous source of property tax revenue worth millions of dollars, FTE funding, and the economic impact associated with the museum's 50,000 annual visitors.