Ordinance No. 2020-57, will amend the City’s adopted Growth Management Plan, Public Schools Element, Policy 1.3.1 and Policy 1.3.6 to remove reference to the Capacity Enhancement Agreement process. The City's Growth Management Plan includes in the Public Schools Element, Policy 1.3.1 and Policy 1.3.6, references to the Capacity Enhancement Agreement (CEA) process with Orange County Public Schools (OCPS), which essentially requires the city to have an executed Capacity Enhancement Agreement (CEA) with the developer before approving a rezoning or a future land use (FLU) amendment impacting over-crowded schools, in order to mitigate adverse impacts on the affected schools. State legislation recently approved House Bill 7103, which requires that impact fee credits be given for “any contribution” related to public education facilities. In response on June 23, 2020, the School Board of Orange County approved a declaration stating that the school board can no longer execute CEA’s but will only certify whether school capacity exists. As a result, city staff is proposing amendments to Policy P 1.3.1 and Policy 1.3.6, removing any reference to the CEA process no longer available, and providing that the City of Orlando may take into consideration the severity of overcrowding and the timing of the availability of the needed capacity to accommodate the proposed development when deciding whether to approve or deny the requested Comprehensive Plan amendment or rezoning.

The Municipal Planning Board recommended approval of the case GMP2020-10018 on September 15, 2020, with Council subsequently approved the meeting minutes on October 5, 2020.

The ordinance adoption is tentatively scheduled for January 2021, City Council meeting.