The Florida Senate

235.002  Intent.

235.01  Purpose; rules.

235.011  Definitions.

235.014  Functions of the department.

235.0155  Prototype designs.

235.017  Boards to ensure that facilities comply with building codes and life safety codes.

235.02  Use of buildings and grounds.

235.04  Disposal of property.

235.05  Right of eminent domain.

235.054  Proposed purchase of real property by a board; confidentiality of records; procedure.

235.055  Construction of facilities on leased property; conditions.

235.056  Lease, rental, and lease-purchase of educational facilities and sites.

235.057  Purchase, conveyance, or encumbrance of property interests above surface of land; joint-occupancy structures.

235.06  Safety and sanitation standards and inspection of property.

235.061  Standards for relocatables used as classroom space; inspections.

235.062  Reduction of relocatable facilities in use.

235.09  Obscenity on educational buildings or vehicles.

235.15  Educational plant survey; localized need assessment; PECO project funding.

235.155  Exception to recommendations in educational plant survey.

235.175  SMART schools; Classrooms First; legislative purpose.

235.18  Annual capital outlay budget.

235.185  School district facilities work program; definitions; preparation, adoption, and amendment; long-term work programs.

235.186  Effort index grants for school district facilities.

235.187  Classrooms First Program; uses.

235.188  Full bonding required to participate in programs.

235.19  Site planning and selection.

235.192  Coordination of school safety information; construction design documents.

235.193  Coordination of planning with local governing bodies.

235.194  General educational facilities report.

235.195  Cooperative development and use of facilities by two or more boards.

235.1975  Cooperative development of educational facilities in juvenile justice programs.

235.198  Cooperative development and use of satellite facilities by private industry and school boards.

235.199  Cooperative funding of vocational educational facilities.

235.211  Educational facilities contracting and construction techniques.

235.212  Low-energy use design; solar energy systems; swimming pool heaters.

235.215  Energy efficiency contracting.

235.2155  School Infrastructure Thrift Program Act.

235.2157  Small school requirement.

235.216  SIT Program award eligibility; maximum cost per student station of educational facilities; frugality incentives; recognition awards.

235.217  SMART (Soundly Made, Accountable, Reasonable, and Thrifty) Schools Clearinghouse.

235.218  School district facilities work program performance and productivity standards; development; measurement; application.

235.2195  The 1997 School Capital Outlay Bond Program.

235.21955  Lottery Capital Outlay and Debt Service Trust Fund.

235.2196  Commissioner to provide for encumbrances of funds.

235.2197  Florida Frugal Schools Program.

235.2199  Use of public-private partnerships for school construction.

235.26  State Uniform Building Code for Public Educational Facilities Construction.

235.30  Supervision and inspection.

235.31  Advertising and awarding contracts; prequalification of contractor.

235.32  Substance of contract; contractors to give bond; penalties.

235.321  Changes in construction requirements after award of contract.

235.3215  Toxic substances in construction, repair, or maintenance of public school facilities.

235.33  Payments.

235.34  Expenditures authorized.

235.40  Radio and television facilities.

235.41  Legislative capital outlay budget request.

235.42  Educational and ancillary plant construction funds; Public Education Capital Outlay and Debt Service Trust Fund; allocation of funds.

235.4235  Financing of approved capital projects.

235.435  Funds for comprehensive educational plant needs; construction cost maximums for school district capital projects.

235.4351  Waivers from certain requirements.

235.44  Multiyear capital improvement contracts.

235.002  Intent.--

(1)  The intent of the Legislature is:

(a)  To provide each student in the public education system the availability of an educational environment appropriate to his or her educational needs which is substantially equal to that available to any similar student, notwithstanding geographic differences and varying local economic factors, and to provide facilities for the Florida School for the Deaf and the Blind and other educational institutions and agencies as may be defined by law.

(b)  To encourage the use of innovative designs, construction techniques, and financing mechanisms in building educational facilities for the purpose of reducing costs, creating a more satisfactory educational environment, and reducing the amount of time necessary for design and construction to fill unmet needs.

(c)  To provide a systematic mechanism whereby educational facilities construction plans can meet the current and projected needs of the public education system population as quickly as possible by building uniform, sound educational environments and to provide a sound base for planning for educational facilities needs.

(d)  To provide proper legislative support for as wide a range of fiscally sound financing methodologies as possible for the delivery of educational facilities and, where appropriate, for their construction, operation, and maintenance.

(2)  The Legislature finds and declares that:

(a)  Growth and development issues transcend the boundaries and responsibilities of individual units of government, and often no single unit of government can plan or implement policies to deal with these issues without affecting other units of government.

(b)  The effective and efficient provision of public educational facilities and services is essential to preserving and enhancing the quality of life of the people of this state.

(c)  The provision of educational facilities often impacts community infrastructure and services. Assuring coordinated and cooperative provision of such facilities and associated infrastructure and services is in the best interest of the state.

History.--s. 1, ch. 74-374; s. 3, ch. 77-458; s. 9, ch. 80-414; ss. 2, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 2, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1298, ch. 95-147; s. 35, ch. 95-269; ss. 1, 11, ch. 95-341.

235.01  Purpose; rules.--

(1)  The purpose of this chapter is to authorize state and local officials to cooperate in establishing and maintaining educational plants that will provide for public educational needs throughout the state and meet the intent of the Legislature as described in s. 235.002.

(2)  The Commissioner of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

History.--s. 901, ch. 19355, 1939; CGL 1940 Supp. 892(285); s. 1, ch. 69-300; s. 3, ch. 77-458; s. 9, ch. 80-414; ss. 3, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 95-269; s. 139, ch. 97-190; s. 33, ch. 98-200.

235.011  Definitions.--Notwithstanding the provisions of s. 228.041, the following terms shall be defined as follows for the purpose of this chapter:

(1)  "Ancillary plant" is comprised of the building, site, and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program.

(2)  "Auxiliary facility" means the spaces located at educational plants which are not designed for student occupant stations.

(3)  "Board," unless otherwise specified, means a district school board, a community college board of trustees, and the Board of Trustees for the Florida School for the Deaf and the Blind. The term "board" does not include the State Board of Education or the Board of Regents.

(4)  "Capital project," for the purpose of s. 9(a)(2), Art. XII of the State Constitution, as amended, means sums of money appropriated from the Public Education Capital Outlay and Debt Service Trust Fund to the state system of public education and other educational agencies as authorized by the Legislature.

(5)  "Core facilities" means the media center, cafeteria, toilet facilities, and circulation space of an educational plant.

(6)  "Educational facilities" means the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by boards.

(7)  "Educational plant" comprises the educational facilities, site and site improvements necessary to accommodate students, faculty, administrators, staff, and the activities of the educational program of each plant.

(8)  "Educational plant survey" means a systematic study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student.

(9)  "Feasibility study" means the examination and analysis of information related to projected educational facilities to determine whether they are reasonable and possible.

(10)  "Long-range planning" means devising a systematic method based on educational information and needs, carefully analyzed, to provide the facilities to meet the goals and objectives of the educational agency.

(11)  "Low-energy usage features" means engineering features or devices which supplant or minimize the consumption of fossil fuels by heating equipment and cooling equipment. Such features may include, but are not limited to, high efficiency chillers and boilers, thermal storage tanks, solar energy systems, waste heat recovery systems, and facility load management systems.

(12)  "Maintenance and repair" means the upkeep of educational and ancillary plants, including, but not limited to, roof or roofing replacement short of complete replacement of membrane or structure; repainting of interior or exterior surfaces; resurfacing of floors; repair or replacement of glass; repair of hardware, furniture, equipment, electrical fixtures, and plumbing fixtures; and repair or resurfacing of parking lots, roads, and walkways. The term "maintenance and repair" does not include custodial or groundskeeping functions, or renovation except for the replacement of equipment with new equipment of equal systems meeting current code requirements, provided that the replacement item neither places increased demand upon utilities services or structural supports nor adversely affects the function of safety to life systems.

(13)  "Need determination" means the identification of types and amounts of educational facilities necessary to accommodate the educational programs, student population, faculty, administrators, staff, and auxiliary and ancillary services of an educational agency.

(14)  "New construction" means any construction of a building or unit of a building in which the entire work is new or an entirely new addition connected to an existing building.

(15)  "Passive design elements" means architectural features which minimize heat gain, heat loss, and the use of heating and cooling equipment when ambient conditions are extreme and which permit use of the facility without heating or air-conditioning when ambient conditions are moderate. Such features may include, but are not limited to, building orientation, landscaping, earth bermings, insulation, thermal windows and doors, overhangs, skylights, thermal chimneys, and other design arrangements.

(16)  "Public education capital outlay (PECO) funded projects" means site and site improvements necessary to accommodate buildings, equipment, other structures, and special educational use areas that are built, installed, or established to serve primarily the educational instructional program of the district school board or community college and the Board of Regents.

(17)  "Remodeling" means the changing of existing facilities by rearrangement of spaces and their use and includes, but is not limited to, the conversion of two classrooms to a science laboratory or the conversion of a closed plan arrangement to an open plan configuration.

(18)  "Renovation" means the rejuvenating or upgrading of existing facilities by installation or replacement of materials and equipment and includes, but is not limited to, interior or exterior reconditioning of facilities and spaces; air-conditioning, heating, or ventilating equipment; fire alarm systems; emergency lighting; electrical systems; and complete roofing or roof replacement, including replacement of membrane or structure. As used in this subsection, the term "materials" does not include instructional materials.

(19)  "Satisfactory educational facility" means a facility which has been recommended for continued use by an educational plant survey or which has been classified as satisfactory in the state inventory of educational facilities.

(20)  "Site" means a space of ground occupied or to be occupied by an educational facility or program.

(21)  "Site development" means work that must be performed on an unimproved site in order to make it usable for the desired purpose; or, work incidental to new construction or to make an addition usable.

(22)  "Site improvement" means work that must be performed on an existing site to improve its utilization, correct health and safety deficiencies, meet special program needs or provide additional service areas.

(23)  "Site improvement incident to construction" means the work that must be performed on a site as an accompaniment to the construction of an educational facility.

(24)  "Satellite facility" means the buildings and equipment, structures, and special educational use areas that are built, installed, or established by private business or industry in accordance with chapter 6A-2, Florida Administrative Code, to be used exclusively for educational purposes to serve primarily the students of its employees and which are staffed professionally by the district school board.

History.--s. 1, ch. 77-458; s. 9, ch. 80-414; ss. 4, 50, 52, ch. 81-223; ss. 1, 5, ch. 82-137; s. 1, ch. 84-349; ss. 3, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1, ch. 89-226; s. 11, ch. 89-278; s. 6, ch. 90-241; s. 1, ch. 94-292; ss. 1, 35, ch. 95-269; s. 23, ch. 97-384.

¹235.014  Functions of the department.--The functions of the department shall include, but not be limited to, the following; it shall:

(1)  Establish recommended minimum and maximum square footage requirements for different functions and areas and the procedures for determining the gross square footage for each educational facility to be funded in whole or in part by the state, including public broadcasting stations but excluding postsecondary special purpose laboratory space. The gross square footage determination standards may be exceeded when the core facility space of an educational facility is constructed or renovated to accommodate the future addition of classrooms to meet projected increases in student enrollment. The department shall encourage multiple use of facilities and spaces in educational plants.

(2)  Establish, for the purpose of determining need, equitably uniform utilization standards for all types of like space, regardless of the level of education. These standards shall also establish, for postsecondary education classrooms, a minimum room utilization rate of 40 hours per week and a minimum station utilization rate of 60 percent. These rates shall be subject to increase based on national norms for utilization of postsecondary education classrooms.

(3)  Require boards, including the Board of Regents, to submit other educational plant inventories data and statistical data or information relevant to construction, capital improvements, and related costs.

(4)  Require each board, including the Board of Regents, all agencies of the state, and other appropriate agencies to submit complete and accurate financial data as to the amounts of funds from all sources that are available and spent for construction and capital improvements. The commissioner shall prescribe the format and the date for the submission of this data and any other educational facilities data. If any district does not submit the required educational facilities fiscal data by the prescribed date, the commissioner shall notify the district school board of this fact and, if appropriate action is not taken to immediately submit the required report, the district school board shall be directed to proceed pursuant to the provisions of s. 230.23(11)(b). If any community college or university does not submit the required educational facilities fiscal data by the prescribed date, the same policy prescribed above for school districts shall be implemented.

(5)  Administer, under the supervision of the commissioner, the Public Education Capital Outlay and Debt Service Trust Fund and the School District and Community College District Capital Outlay and Debt Service Trust Fund.

(6)  Develop, review, update, and revise a mandatory, uniform building code for facilities construction and capital improvement by boards.

(7)  Provide training, technical assistance, and building code interpretation for requirements of the mandatory uniform building code for the facilities construction and capital improvement programs of the boards and, upon request, approve phase III construction documents for remodeling, renovation, or new construction of educational plants or ancillary facilities, except that the Board of Regents shall approve specifications and construction documents for the State University System. The Department of Management Services may, upon request, provide similar services for the Florida School for the Deaf and the Blind and shall use a state minimum building code adopted pursuant to s. 553.73 and the National Fire Protection Association Life Safety Code as adopted pursuant to chapter 633.

(8)  Provide minimum criteria, procedures, and training to boards to conduct educational plant surveys and document the determination of future needs.

(9)  Make available to boards, including the Board of Regents, technical assistance, awareness training, and research and technical publications relating to lifesafety, casualty, sanitation, environmental, maintenance, and custodial issues; and, as needed, technical assistance for survey, planning, design, construction, operation, and evaluation of educational and ancillary facilities and plants, facilities administrative procedures review, and training for new administrators.

(10)(a)  Review and validate surveys proposed or amended by the boards and recommend to the State Board of Education, for approval, surveys that meet the requirements of this chapter.

1.  The term "validate" as applied to surveys by school districts means to review inventory data as submitted to the department by district school boards; provide for review and inspection, where required, of student stations and aggregate square feet of inventory changed from satisfactory to unsatisfactory or changed from unsatisfactory to satisfactory; compare new school inventory to allocation limits provided by this chapter; review cost projections for conformity with cost limits set by s. 235.435(6); compare total capital outlay full-time equivalent enrollment projections in the survey with the department's projections; review facilities lists to verify that student station and auxiliary facility space allocations do not exceed the limits provided by this chapter and related rules; review and confirm the application of uniform facility utilization factors, where provided by this chapter or related rules; utilize the documentation of programs offered per site, as submitted by the board, to analyze facility needs; confirm that need projections for vocational and adult educational programs comply with needs documented by the Division of Workforce Development; and confirm the assignment of full-time student stations to all space except auxiliary facilities, which, for purposes of exemption from student station assignment, include the following:

a.  Cafeterias.

b.  Multipurpose dining areas.

c.  Media centers.

d.  Auditoriums.

e.  Administration.

f.  Elementary, middle, and high school resource rooms, up to the number of such rooms recommended for the applicable occupant and space design capacity of the educational plant in the State Requirements for Educational Facilities, beyond which student stations must be assigned.

g.  Elementary school skills labs, up to the number of such rooms recommended for the applicable occupant and space design capacity of the educational plant in the State Requirements for Educational Facilities, beyond which student stations must be assigned.

h.  Elementary school art and music rooms.

2.  The term "validate" as applied to surveys by community colleges means to review and document the approval of each new site and official designation, where applicable; review the inventory database as submitted by the Division of Community Colleges, including nonvocational, vocational, and total capital outlay full-time equivalent enrollment projections per site and per college; provide for the review and inspection, where required, of student stations and aggregate square feet of space changed from satisfactory to unsatisfactory; utilize and review the documentation of programs offered per site submitted by the Division of Community Colleges as accurate for analysis of space requirements and needs; confirm that needs projected for vocational and adult educational programs comply with needs documented by the Division of Workforce Development; compare new facility inventory to allocations limits as provided in this chapter; review cost projections for conformity with state averages or limits designated by this chapter; compare student enrollment projections in the survey to the department's projections; review facilities lists to verify that area allocations and space factors for generating space needs do not exceed the limits as provided by this chapter and related rules; confirm the application of facility utilization factors as provided by this chapter and related rules; and review, as submitted, documentation of how survey recommendations will implement the detail of current campus master plans and integrate with local comprehensive plans and development regulations.

(b)  Recommend priority of projects to be funded for approval by the state board, when required by law.

(11)  Prepare the commissioner's comprehensive fixed capital outlay legislative budget request and provide annually to the State Board of Community Colleges and the Board of Regents an estimate of the funds available to that board for developing their required 3-year priority list. This amount shall be based upon the average percentage for the 5 prior years of funds appropriated by the Legislature for fixed capital outlay to each level of education: public schools, community colleges, and the State University System.

(12)  Perform any other functions that may be involved in educational facilities construction and capital improvement which shall ensure that the intent of the Legislature is implemented.

History.--s. 4, ch. 74-374; s. 4, ch. 77-458; s. 9, ch. 80-414; ss. 5, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 4, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 2, ch. 89-226; s. 12, ch. 89-278; s. 7, ch. 90-241; s. 2, ch. 92-291; s. 2, ch. 94-292; ss. 2, 35, ch. 95-269; s. 4, ch. 97-265; s. 24, ch. 97-384; s. 51, ch. 99-228; s. 1, ch. 99-280; s. 3(7), ch. 2000-321; s. 27, ch. 2000-331.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

235.0155  Prototype designs.--

(1)  It is the intent of the Legislature to provide school prototype designs for all new public schools to reduce the time and cost of developing new facilities needed to alleviate the overcrowded conditions in the public school system.

(2)  The Department of Education is authorized to develop at least five prototype designs each for elementary schools, middle schools, and high schools. The department shall contract with registered architects for services to develop these prototypes. However, the department shall have ownership of the prototype documents.

(3)  District school boards may use the prototype plans. Site adaptations, minor plan modifications, inspections, contract award, contract management, and final acceptance of the project shall be provided under contracts held by the school board.

(4)  Plans for various schools shall be developed with the assistance of district educational facilities and maintenance personnel from large, medium, and small districts, and with the assistance of teachers and principals. The development of the programs and facilities plans shall be reviewed by a value-engineering team under contract with the department, to assure that the cost of construction of the buildings does not exceed the national average cost of educational facilities, as determined by national estimating publications. These prototypes shall be revised or new prototypes developed as programs require every 5 years. The use of prototype plans shall not preclude the school board's authority to select construction procurement techniques pursuant to s. 235.211.

History.--s. 37, ch. 95-269; s. 2, ch. 99-329.

235.017  Boards to ensure that facilities comply with building codes and life safety codes.--

(1)  Boards shall ensure that all new construction, renovation, remodeling, day labor, and maintenance projects conform to the State Uniform Building Code for Public Educational Facilities Construction or, where applicable as authorized in other sections of law, other building codes, and life safety codes.

(2)  Boards may provide compliance as follows:

(a)  Boards or consortia may individually or cooperatively provide review services under the insurance risk management oversight through the use of board employees or consortia employees, registered pursuant to chapter 471 or chapter 481.

(b)  Boards may elect to review construction documents using their own employees registered pursuant to chapter 471 or chapter 481.

(c)  Boards may submit phase III construction documents for review to the department.

(d)  Boards or consortia may contract for plan review services directly with engineers and architects registered pursuant to chapter 471 or chapter 481.

(e)  Boards may submit phase III documents for review and approval to the Department of Management Services for those projects for which the board has entered into a contract with such department pursuant to s. 255.31(3).

(3)  The Department of Management Services may, upon request, provide facilities services for the Florida School for the Deaf and the Blind. As used in this section, the term "facilities services" means project management, code and design plan review, and code compliance inspection for projects as defined in s. 287.017(1)(e).

History.--s. 3, ch. 95-269; s. 15, ch. 97-384; s. 2, ch. 99-280.

235.02  Use of buildings and grounds.--The board, including the Board of Regents, may permit the use of educational facilities and grounds for any legal assembly or for community use centers or may permit the same to be used as voting places in any primary, regular, or special election. The board shall adopt rules or policies and procedures necessary to protect educational facilities and grounds when used for such purposes.

History.--s. 902, ch. 19355, 1939; CGL 1940 Supp. 892(286); s. 105, ch. 65-239; s. 1, ch. 69-300; s. 5, ch. 77-458; s. 9, ch. 80-414; ss. 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; ss. 4, 35, ch. 95-269.

235.04  Disposal of property.--

(1)  REAL PROPERTY.--Subject to rules of the Commissioner of Education, a board may dispose of any land or real property that is, by resolution of the board, determined to be unnecessary for educational purposes as recommended in an educational plant survey. A board shall take diligent measures to dispose of educational property only in the best interests of the public. However, appraisals may be obtained by the board prior to or simultaneously with the receipt of bids.

(2)  TANGIBLE PERSONAL PROPERTY.--Tangible personal property which has been properly classified as surplus by a board shall be disposed of in accordance with the procedure established by chapter 274. However, the provisions of chapter 274 shall not be applicable to a motor vehicle used in driver education to which title is obtained for a token amount from an automobile dealer or manufacturer. In such cases, the disposal of the vehicle shall be as prescribed in the contractual agreement between the automotive agency or manufacturer and the board.

History.--s. 904, ch. 19355, 1939; CGL 1940 Supp. 892(288); s. 1, ch. 29797, 1955; s. 14, ch. 57-249; s. 6, ch. 65-424; s. 1, ch. 69-300; s. 1, ch. 70-443; s. 9, ch. 73-338; s. 5, ch. 77-458; s. 9, ch. 80-414; ss. 7, 50, 52, ch. 81-223; ss. 9, 14, ch. 82-240; s. 1, ch. 84-349; ss. 5, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 3, ch. 89-226; s. 13, ch. 89-278; s. 10, ch. 90-172; s. 52, ch. 90-288; s. 35, ch. 95-269; s. 140, ch. 97-190.

235.05  Right of eminent domain.--

(1)  There is conferred upon the school board in each of the several districts in the state the authority and right to take private property for any public school purpose or use when, in the opinion of the school board, such property is needed in the operation of any or all of the public schools within the district, including property needed for any school purpose or use in any school district or districts within the county. The absolute fee simple title to all property so taken and acquired shall vest in the school board of such district, unless the school board seeks to appropriate a particular right or estate in such property.

(2)  The board of trustees may exercise the right of eminent domain as provided in s. 240.319(4)(d).

¹(3)  The Board of Regents may exercise the right of eminent domain as provided in s. 240.217.

History.--s. 905, ch. 19355, 1939; CGL 1940 Supp. 892(289); s. 1, ch. 69-300; s. 5, ch. 77-458; s. 9, ch. 80-414; ss. 8, 50, 52, ch. 81-223; ss. 12, 37, ch. 83-326; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 95-269; s. 103, ch. 99-2; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

235.054  Proposed purchase of real property by a board; confidentiality of records; procedure.--

(1)(a)  In any case in which a board, pursuant to the provisions of this chapter, seeks to acquire by purchase any real property for educational purposes, every appraisal, offer, or counteroffer must be in writing and is exempt from the provisions of s. 119.07(1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the board. If a contract or agreement for purchase is not submitted to the board for approval, the exemption from s. 119.07(1) will expire 30 days after the termination of negotiations. The board shall maintain complete and accurate records of every such appraisal, offer, and counteroffer. For the purposes of this section, the term "option contract" means an agreement by the board to purchase a piece of property, subject to the approval of the board at a public meeting after 30 days' public notice.

(b)  Prior to acquisition of the property, the board shall obtain at least one appraisal by an appraiser approved pursuant to s. 253.025(6)(b) for each purchase in an amount greater than $100,000 and not more than $500,000. For each purchase in an amount in excess of $500,000, the board shall obtain at least two appraisals by appraisers approved pursuant to s. 253.025(6)(b). If the agreed purchase price exceeds the average appraised value, the board is required to approve the purchase by an extraordinary vote.

(2)  Nothing in this section shall be interpreted as providing an exemption from, or an exception to, s. 286.011.

History.--s. 3, ch. 84-298; s. 6, ch. 85-116; s. 1, ch. 86-1; s. 1, ch. 88-11; s. 68, ch. 90-360; s. 13, ch. 94-240; s. 3, ch. 94-292; s. 5, ch. 95-269; s. 88, ch. 96-406.

235.055  Construction of facilities on leased property; conditions.--

(1)  A board may construct or place educational facilities and ancillary facilities on land which is owned by any person after the board has acquired from the owner of the land a long-term lease for the use of this land for a period of not less than 40 years or the life expectancy of the permanent facilities constructed thereon, whichever is longer.

(2)  A board may enter into a short-term lease for the use of land owned by any person on which temporary or relocatable facilities are to be utilized.

History.--s. 1, ch. 67-92; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 5, ch. 77-458; s. 101, ch. 79-400; s. 9, ch. 80-414; ss. 9, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 7, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 6, ch. 86-146; ss. 6, 35, ch. 95-269; s. 3, ch. 98-65.

235.056  Lease, rental, and lease-purchase of educational facilities and sites.--

(1)  A board, including the Board of Regents, may lease any land, facilities, or educational plants owned by it to any person or entity for such term, for such rent, and upon such terms and conditions as the board determines to be in its best interests; any such lease may provide for the optional or binding purchase of the land, facilities, or educational plants by the lessee upon such terms and conditions as the board determines are in its best interests. A determination that any such land, facility, or educational plant so leased is unnecessary for educational purposes is not a prerequisite to the leasing or lease-purchase of such land, facility, or educational plant. Prior to entering into or executing any such lease, a board shall consider approval of the lease or lease-purchase agreement at a public meeting, at which a copy of the proposed agreement in its final form shall be available for inspection and review by the public, after due notice as required by law.

(2)(a)  A board may rent or lease educational facilities and sites as defined in s. 235.011. Educational facilities and sites rented or leased for 1 year or less shall be funded through the operations budget or funds derived from millage proceeds pursuant to s. 236.25(2). A lease contract for 1 year or less, when extended or renewed beyond a year, becomes a multiple-year lease. Operational funds or funds derived from millage proceeds pursuant to s. 236.25(2) may be authorized to be expended for multiple-year leases. All leased facilities and sites must be inspected prior to occupancy by the board's Uniform Building Code inspector, who shall report to the department.

1.  Beginning July 1, 1995, all newly leased spaces must be inspected and brought into compliance with the state minimum building code pursuant to chapter 553, and the life safety codes pursuant to chapter 633, prior to occupancy, using the board's operations budget or funds derived from millage proceeds pursuant to s. 236.25(2). As an alternative, the board may elect to comply with the State Uniform Building Code for Public Educational Facilities Construction instead of the state minimum building code or the life safety code, or both.

2.  Plans for renovation or remodeling of leased space shall conform to state minimum building and life safety codes for educational occupancies, or other occupancies as appropriate, as required in chapters 553 and 633, prior to occupancy. As an alternative, the board may elect to comply with the State Uniform Building Code for Public Educational Facilities Construction instead of the state minimum building code or the life safety code, or both.

3.  All leased facilities must be inspected annually for firesafety deficiencies in accordance with the applicable code and have corrections made in accordance with s. 235.06. Operational funds or funds derived from millage proceeds pursuant to s. 236.25(2) may be used to correct deficiencies in leased space.

4.  When the board declares that a public emergency exists, it may take up to 30 days to bring the leased facility into compliance with the requirements of Commissioner of Education rules.

(b)  A board is authorized to lease-purchase educational facilities and sites as defined in s. 235.011. The lease-purchase of educational facilities and sites shall be as required by s. 235.26, be advertised for and receive competitive proposals and be awarded to the best proposer, and be funded using current or other funds specifically authorized by law to be used for such purpose.

1.  A district school board, by itself, or through a direct-support organization formed pursuant to s. 237.40 or nonprofit educational organization or a consortium of district school boards, may, in developing a lease-purchase of educational facilities and sites provide for separately advertising for and receiving competitive bids or proposals on the construction of facilities and the selection of financing to provide the lowest cost funding available, so long as the board determines that such process would best serve the public interest and the pledged revenues are limited to those authorized in s. 236.25(2)(e).

2.  All activities and information, including lists of individual participants, associated with agreements made pursuant to this section shall be subject to the provisions of chapter 119 and s. 286.011.

(c)1.  The term of any lease-purchase agreement, including the initial term and any subsequent renewals, shall not exceed the useful life of the educational facilities and sites for which the agreement is made, or 30 years, whichever is less.

2.  The initial term or any renewal term of any lease-purchase agreement shall expire on June 30 of each fiscal year, but may be automatically renewed annually, subject to a board making sufficient annual appropriations therefor. Under no circumstances shall the failure of a board to renew a lease-purchase agreement constitute a default or require payment of any penalty, nor in any way limit the right of a board to purchase or utilize educational facilities and sites similar in function to the educational facilities and sites which are the subject of the said lease-purchase agreement. Educational facilities and sites being acquired pursuant to a lease-purchase agreement shall be exempt from ad valorem taxation.

3.  No lease-purchase agreement entered into pursuant to this subsection shall constitute a debt, liability, or obligation of the state or a board or shall be a pledge of the faith and credit of the state or a board.

4.  Any lease-purchase agreement entered into pursuant to this subsection shall stipulate an annual rate which may consist of a principal component and an interest component, provided that the maximum interest rate of any interest component payable under any such lease-purchase agreement, or any participation or certificated portion thereof, shall be calculated in accordance with and be governed by the provisions of s. 215.84.

(3)(a)  A board may rent or lease existing buildings, or space within existing buildings, originally constructed or used for purposes other than education, for conversion to use as educational facilities. Such buildings rented or leased for 1 year or less shall be funded through the operations budget or funds derived from millage pursuant to s. 236.25(2). A rental agreement or lease contract for 1 year or less, when extended or renewed beyond a year, becomes a multiple-year rental or lease. Operational funds or funds derived from millage proceeds pursuant to s. 236.25(2) may be authorized to be expended for multiple-year rentals or leases. Notwithstanding any other provisions of this section, if a building was constructed in conformance with all applicable building and life safety codes, it shall be deemed to meet the requirements for use and occupancy as an educational facility subject only to the provisions of this subsection.

(b)  Prior to occupying a rented or a leased existing building, or space within an existing building, pursuant to this subsection, a school board shall, in a public meeting, adopt a resolution certifying that the following circumstances apply to the building proposed for occupancy:

1.  Growth among the school-age population in the school district has created a need for new educational facilities in a neighborhood where there is little or no vacant land.

2.  There exists a supply of vacant space in existing buildings that meet state minimum building and life safety codes.

3.  Acquisition and conversion to use as educational facilities of an existing building or buildings is a cost-saving means of providing the needed classroom space as determined by the difference between the cost of new construction, including land acquisition and preparation and, if applicable, demolition of existing structures, and the cost of acquisition through rental or lease and conversion of an existing building or buildings.

4.  The building has been examined for suitability, safety, and conformance with state minimum building and life safety codes. The building examination shall consist, at a minimum, of a review of existing documents, building site reconnaissance, and analysis of the building conducted by, or under the responsible charge of, a licensed structural engineer.

5.  A certificate of evaluation has been issued by an appropriately licensed design professional which states that, based on available documents, building site reconnaissance, current knowledge, and design judgment in the professional's opinion, the building meets the requirements of state minimum building and life safety codes, provides safe egress of occupants from the building, provides adequate firesafety, and does not pose a substantial threat to life to persons who would occupy the building for classroom use.

6.  The plans for conversion of the building were prepared by an appropriate design professional licensed in this state, and the work of conversion was performed by contractors licensed in this state.

7.  The conversion of the building was observed by an appropriate design professional licensed in this state.

8.  The building has been reviewed, inspected, and granted a certificate of occupancy by the local building department.

9.  All ceilings, light fixtures, ducts, and registers within the area to be occupied for classroom purposes were constructed or have been reconstructed to meet state minimum requirements.

History.--ss. 10, 52, ch. 81-223; s. 2, ch. 83-224; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 86-145; s. 5, ch. 86-172; s. 3, ch. 87-284; s. 1, ch. 88-4; s. 4, ch. 89-226; s. 14, ch. 89-278; s. 11, ch. 90-172; s. 53, ch. 90-288; s. 2, ch. 93-241; ss. 7, 35, ch. 95-269; s. 141, ch. 97-190; s. 25, ch. 97-384; s. 1, ch. 98-264; s. 1, ch. 99-329; s. 31, ch. 2000-158.

¹235.057  Purchase, conveyance, or encumbrance of property interests above surface of land; joint-occupancy structures.--For the purpose of implementing jointly financed construction project agreements, or for the construction of combined occupancy structures, any board, including the Board of Regents, may purchase, own, convey, sell, lease, or encumber airspace or any other interests in property above the surface of the land, provided the lease of airspace for nonpublic use is for such reasonable rent, length of term, and conditions as the board in its discretion may determine. All proceeds from such sale or lease shall be used by the board or boards receiving the proceeds solely for fixed capital outlay purposes. These purposes may include the renovation or remodeling of existing facilities owned by the board or the construction of new facilities; however, for the Board of Regents or a community college board, such new facility must be authorized by the Legislature. It is declared that the use of such rental by the board for public purposes in accordance with its statutory authority is a public use. Airspace or any other interest in property held by the Board of Trustees of the Internal Improvement Trust Fund or the State Board of Education may not be divested or conveyed without approval of the respective board. Any building, including any building or facility component that is common to both nonpublic and educational portions thereof, constructed in airspace that is sold or leased for nonpublic use pursuant to this section is subject to all applicable state, county, and municipal regulations pertaining to land use, zoning, construction of buildings, fire protection, health, and safety to the same extent and in the same manner as such regulations would be applicable to the construction of a building for nonpublic use on the appurtenant land beneath the subject airspace. Any educational facility constructed or leased as a part of a joint-occupancy facility is subject to all rules and requirements of the respective boards or departments having jurisdiction over educational facilities.

History.--s. 1, ch. 83-224; s. 1, ch. 86-1; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

235.06  Safety and sanitation standards and inspection of property.--The Commissioner of Education shall adopt and administer rules prescribing standards for the safety and health of occupants of educational and ancillary plants as a part of the State Uniform Building Code for Public Educational Facilities Construction as provided in s. 235.26, the provisions of chapter 633 to the contrary notwithstanding. These standards must be used by all public agencies when inspecting public educational and ancillary plants. In accordance with such standards, each board shall prescribe policies and procedures establishing a comprehensive program of safety and sanitation for the protection of occupants of public educational and ancillary plants. Such policies must contain procedures for periodic inspections as prescribed herein and for withdrawal of any educational and ancillary plant, or portion thereof, from use until unsafe or unsanitary conditions are corrected or removed.

(1)  PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--

(a)  Each board shall provide for periodic inspection of each educational and ancillary plant at least once during each fiscal year to determine compliance with standards of sanitation and casualty safety prescribed in the rules of the commissioner.

(b)  Firesafety inspections of each educational and ancillary plant must be made annually by persons certified by the Division of State Fire Marshal to be eligible to conduct firesafety inspections in public educational and ancillary plants.

(c)  In each firesafety inspection report, the board shall include a plan of action and a schedule for the correction of each deficiency. If immediate life-threatening deficiencies are noted in any inspection, the board shall either take action to promptly correct the deficiencies or withdraw the educational or ancillary plant from use until such time as the deficiencies are corrected.

(2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC AGENCIES.--

(a)  A safety or sanitation inspection of any educational or ancillary plant may be made at any time by the Department of Education or any other state or local agency authorized or required to conduct such inspections by either general or special law. Each agency conducting inspections shall use the standards adopted by the Commissioner of Education in lieu of, and to the exclusion of, any other inspection standards prescribed either by statute or administrative rule, the provisions of chapter 633 to the contrary notwithstanding. The agency shall submit a copy of the inspection report to the board.

(b)  In addition to school board inspections, the applicable local fire control authority shall also annually inspect educational facilities within its fire control district, using the standards adopted by the Commissioner of Education. Reports shall be filed with the school board, and a copy shall be on file with the local site administrator.

(3)  CORRECTIVE ACTION.--Upon failure of the board to take corrective action within a reasonable time, the agency making the inspection may request the commissioner to:

(a)  Order that appropriate action be taken to correct all deficiencies in accordance with a schedule determined jointly by the inspecting authority and the board; in developing the schedule, consideration must be given to the seriousness of the deficiencies and the ability of the board to obtain the necessary funds; or

(b)  After 30 calendar days' notice to the board, order all or a portion of the educational or ancillary plant withdrawn from use until the deficiencies are corrected.

History.--s. 906, ch. 19355, 1939; CGL 1940 Supp. 892(290); s. 1, ch. 67-270; ss. 13, 15, 19, 35, ch. 69-106; s. 1, ch. 69-300; s. 5, ch. 70-399; s. 107, ch. 72-221; s. 7, ch. 74-374; s. 5, ch. 77-458; s. 9, ch. 80-414; ss. 11, 50, 52, ch. 81-223; ss. 1, 3, ch. 81-310; ss. 5, 14, ch. 82-240; ss. 1, 4, 5, ch. 83-208; s. 1, ch. 84-349; ss. 8, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1, ch. 89-233; ss. 8, 35, ch. 95-269; s. 142, ch. 97-190; s. 26, ch. 97-384.

235.061  Standards for relocatables used as classroom space; inspections.--

(1)  The Commissioner of Education shall adopt rules establishing standards for relocatables intended for long-term use as classroom space at a public elementary school, middle school, or high school. "Long-term use" means the use of relocatables at the same educational plant for a period of 4 years or more. These rules must be implemented by July 1, 1998, and each relocatable acquired by a district school board after the effective date of the rules and intended for long-term use must comply with the standards. The rules shall require that, by July 1, 2001, relocatables that fail to meet the standards may not be used as classrooms. The standards shall protect the health, safety, and welfare of occupants by requiring compliance with the Uniform Building Code for Public Educational Facilities or other locally adopted state minimum building codes to ensure the safety and stability of construction and onsite installation; fire and moisture protection; air quality and ventilation; appropriate wind resistance; and compliance with the requirements of the Americans with Disabilities Act of 1990. If appropriate, the standards must also require relocatables to provide access to the same technologies available to similar classrooms within the main school facility and, if appropriate, to be accessible by adequate covered walkways. By July 1, 2000, the commissioner shall adopt standards for all relocatables intended for long-term use as classrooms. A relocatable that is subject to this section and does not meet the standards shall not be reported as providing satisfactory student stations in the Florida Inventory of School Houses.

(2)  Annual inspections for all satisfactory relocatables designed for classroom use or being occupied by students are required for: foundations; tie-downs; structural integrity; weatherproofing; HVAC; electrical; plumbing, if applicable; firesafety; and accessibility. Reports shall be filed with the district school board and posted in each respective relocatable in order to facilitate corrective action.

History.--s. 27, ch. 97-384; s. 13, ch. 99-329.

235.062  Reduction of relocatable facilities in use.--

(1)(a)  It is a goal of the Legislature that all school districts shall provide a quality educational environment for their students such that, by July 1, 2003, student stations in relocatable facilities exceeding 20 years of age and in use by a district during the 1998-1999 fiscal year shall be removed and the number of all other relocatable student stations at over-capacity schools during that fiscal year shall be decreased by half. The Legislature finds, however, that necessary maintenance of existing facilities and public school enrollment growth impair the ability of some districts to achieve the goal of this section within 5 years. Therefore, the Legislature is increasing its commitment to school funding in this act, in part to help districts reduce the number of temporary, relocatable student stations at over-capacity schools. The Legislature intends that local school districts also increase their investment toward meeting this goal. Each district's progress toward meeting this goal shall be measured annually by comparing district facilities work programs for replacing relocatables with the state capital outlay projections for education prepared by the SMART Schools Clearinghouse pursuant to s. 235.217(3)(e). District facilities work programs shall be monitored by the SMART Schools Clearinghouse to measure the commitment of local school districts toward this goal.

(b)  For the purposes of this section, an "over-capacity school" means a school the capital outlay FTE enrollment of which exceeds 100 percent of the space and occupant design capacity of its nonrelocatable facilities. However, if a school's initial design incorporated relocatable or modular instructional space, an "over-capacity school" shall mean a school the capital outlay FTE enrollment of which exceeds 100 percent of the space and occupant design capacity of its core facilities.

(2)  In accordance with the legislative goal described in subsection (1), any relocatables purchased with money appropriated from this act shall be counted at actual student capacity for purposes of ss. 235.15 and 235.217 for the life cycle of the relocatable.

History.--s. 39, ch. 97-384.

235.09  Obscenity on educational buildings or vehicles.--Whoever willfully cuts, paints, pastes, marks, or defaces by writing or in any other manner any educational building, furniture, apparatus, appliance, outbuilding, ground, fence, tree, post, vehicle, or other educational property with an obscene word, image, or device is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. This section shall not apply to any student in grades K-12 subject to the discipline of a district school board.

History.--s. 909, ch. 19355, 1939; CGL 1940 Supp. 8115(18); s. 66, ch. 29764, 1955; s. 107, ch. 65-239; s. 140, ch. 71-136; s. 7, ch. 77-458; s. 9, ch. 80-414; ss. 13, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 29, ch. 91-224; s. 35, ch. 95-269.

¹235.15  Educational plant survey; localized need assessment; PECO project funding.--

(1)  At least every 5 years, each board, including the Board of Regents, shall arrange for an educational plant survey, to aid in formulating plans for housing the educational program and student population, faculty, administrators, staff, and auxiliary and ancillary services of the district or campus, including consideration of the local comprehensive plan. The Division of Workforce Development shall document the need for additional career and adult education programs and the continuation of existing programs before facility construction or renovation related to career or adult education may be included in the educational plant survey of a school district or community college that delivers career or adult education programs. Information used by the Division of Workforce Development to establish facility needs must include, but need not be limited to, labor market data, needs analysis, and information submitted by the school district or community college.

(a)  Survey preparation and required data.--Each survey shall be conducted by the board or an agency employed by the board. Surveys shall be reviewed and approved by the board, and a file copy shall be submitted to the commissioner. The survey report shall include at least an inventory of existing educational and ancillary plants; recommendations for existing educational and ancillary plants; recommendations for new educational or ancillary plants, including the general location of each in coordination with the land use plan; campus master plan update and detail for community colleges; the utilization of school plants based on an extended school day or year-round operation; and such other information as may be required by the rules of the State Board of Education. This report may be amended, if conditions warrant, at the request of the board or commissioner.

(b)  Required need assessment criteria for district, community college, and state university plant surveys.--Each educational plant survey completed after December 31, 1997, must use uniform data sources and criteria specified in this paragraph. Each educational plant survey completed after June 30, 1995, and before January 1, 1998, must be revised, if necessary, to comply with this paragraph. Each revised educational plant survey and each new educational plant survey supersedes previous surveys.

1.  Each school district's educational plant survey must reflect the capacity of existing satisfactory facilities as reported in the Florida Inventory of School Houses. Projections of facility space needs may not exceed the norm space and occupant design criteria established by the State Requirements for Educational Facilities. Existing and projected capital outlay full-time equivalent student enrollment must be consistent with data prepared by the department and must include all enrollment used in the calculation of the distribution formula in s. 235.435(3). All satisfactory relocatable classrooms, including those owned, lease-purchased, or leased by the school district, shall be included in the school district inventory of gross capacity of facilities and must be counted at actual student capacity for purposes of the inventory. For future needs determination, student capacity shall not be assigned to any relocatable classroom that is scheduled for elimination or replacement with a permanent educational facility in the adopted 5-year educational plant survey and in the district facilities work program adopted under s. 235.185. Those relocatables clearly identified and scheduled for replacement in a school board adopted financially feasible 5-year district facilities work program shall be counted at zero capacity at the time the work program is adopted and approved by the school board. However, if the district facilities work program is changed or altered and the relocatables are not replaced as scheduled in the work program, they must then be reentered into the system for counting at actual capacity. Relocatables may not be perpetually added to the work program and continually extended for purposes of circumventing the intent of this section. All remaining relocatable classrooms, including those owned, lease-purchased, or leased by the school district, shall be counted at actual student capacity. The educational plant survey shall identify the number of relocatable student stations scheduled for replacement during the 5-year survey period and the total dollar amount needed for that replacement. All district educational plant surveys revised after July 1, 1998, shall include information on leased space used for conducting the district's instructional program, in accordance with the recommendations of the department's report authorized in s. 235.056. A definition of satisfactory relocatable classrooms shall be established by rule of the department.

2.  Each survey of a special facility, joint-use facility, or cooperative vocational education facility must be based on capital outlay full-time equivalent student enrollment data prepared by the department for school districts, by the Division of Community Colleges for community colleges, and by the Board of Regents for state universities. A survey of space needs of a joint-use facility shall be based upon the respective space needs of the school districts, community colleges, and universities, as appropriate. Projections of a school district's facility space needs may not exceed the norm space and occupant design criteria established by the State Requirements for Educational Facilities.

3.  Each community college's survey must reflect the capacity of existing facilities as specified in the inventory maintained by the Division of Community Colleges. Projections of facility space needs must comply with standards for determining space needs as specified by rule of the State Board of Education. The 5-year projection of capital outlay student enrollment must be consistent with the annual report of capital outlay full-time student enrollment prepared by the Division of Community Colleges.

4.  Each state university's survey must reflect the capacity of existing facilities as specified in the inventory maintained and validated by the Board of Regents. Projections of facility space needs must be consistent with standards for determining space needs approved by the Board of Regents. The projected capital outlay full-time equivalent student enrollment must be consistent with the 5-year planned enrollment cycle for the State University System approved by the Board of Regents.

5.  The educational plant survey of a school district, community college, or state university may include space needs that deviate from approved standards for determining space needs if the deviation is justified by the district or institution and approved by the department or the Board of Regents, as appropriate, as necessary for the delivery of an approved educational program.

(c)  Review and validation.--The department shall review and validate the surveys of school districts and community colleges and any amendments thereto for compliance with the requirements of this chapter and, when required by the State Constitution, shall recommend those in compliance for approval by the State Board of Education.

(2)  Only the superintendent or the college president shall certify to the department a project's compliance with the requirements for expenditure of PECO funds prior to release of funds.

(a)  Upon request for release of PECO funds for planning purposes, certification must be made to the department that the need and location of the facility are in compliance with the board-approved survey recommendations and that the project meets the definition of a PECO project and the limiting criteria for expenditures of PECO funding.

(b)  Upon request for release of construction funds, certification must be made to the department that the need and location of the facility are in compliance with the board-approved survey recommendations, that the project meets the definition of a PECO project and the limiting criteria for expenditures of PECO funding, and that the construction documents meet the requirements of the State Uniform Building Code for Educational Facilities Construction or other applicable codes as authorized in this chapter.

History.--s. 915, ch. 19355, 1939; CGL 1940 Supp. 892(297); s. 111, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 2, ch. 71-272; s. 8, ch. 77-458; s. 9, ch. 80-414; ss. 16, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 9, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 8, ch. 90-241; s. 47, ch. 92-136; ss. 10, 35, ch. 95-269; s. 17, ch. 97-95; s. 5, ch. 97-265; s. 13, ch. 97-307; s. 28, ch. 97-384; s. 3, ch. 99-329; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

235.155  Exception to recommendations in educational plant survey.--An exception to the recommendations in the educational plant survey may be allowed if a board, including the Board of Regents, deems that it will be advantageous to the welfare of the educational system or that it will make possible a substantial saving of funds. A board, including the Board of Regents, upon determining that an exception is warranted, must present a full statement, in writing, setting forth all the facts to the Commissioner of Education.

History.--s. 9, ch. 77-458; s. 9, ch. 80-414; ss. 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; ss. 11, 35, ch. 95-269.

235.175  SMART schools; Classrooms First; legislative purpose.--

(1)  SMART SCHOOLS.--"SMART schools" are schools that are soundly made, accountable, reasonable, and thrifty. It is the purpose of the Legislature to provide a balanced and principle-based plan for a functional, safe, adequate, and thrifty learning environment for Florida's K-12 students through SMART schools. The plan must be balanced in serving all school districts and must also be balanced between the operating and capital sides of the budget. The principles upon which the plan is based are less government, lower taxes, increased responsibility of school districts, increased freedom through local control, and family and community empowerment.

(2)  CLASSROOMS FIRST.--It is the purpose of the Legislature to increase substantially the state's investment in school construction in an equitable, fair, and reasonable way.

(3)  SCHOOL DISTRICT FACILITIES WORK PROGRAMS.--It is the purpose of the Legislature to create s. 235.185, requiring each school district annually to adopt a district facilities 5-year work program. The purpose of the district facilities work program is to keep the school board and the public fully informed as to whether the district is using sound policies and practices that meet the essential needs of students and that warrant public confidence in district operations. The district facilities work program will be monitored by the SMART Schools Clearinghouse, which will also apply performance standards pursuant to s. 235.218.

(4)  SMART SCHOOLS CLEARINGHOUSE.--It is the purpose of the Legislature to create s. 235.217, establishing the SMART Schools Clearinghouse to assist the school districts in building SMART schools utilizing functional and frugal practices. The SMART Schools Clearinghouse must review district facilities work programs and projects and identify districts qualified for incentive funding available through School Infrastructure Thrift Program awards; identify opportunities to maximize design and construction savings; develop school district facilities work program performance standards; and provide for review and recommendations to the Governor, the Legislature, and the State Board of Education.

(5)  EFFORT INDEX GRANTS.--It is the purpose of the Legislature to create s. 235.186, in order to provide grants from state funds to assist school districts that have provided a specified level of local effort funding.

(6)  SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM AWARDS.--It is the purpose of the Legislature to convert the SIT Program established in ss. 235.2155 and 235.216 to an incentive award program to encourage functional, frugal facilities and practices.

History.--s. 2, ch. 97-384; s. 4, ch. 99-329.

235.18  Annual capital outlay budget.--Each board, including the Board of Regents, shall, each year, adopt a capital outlay budget for the ensuing year in order that the capital outlay needs of the board for the entire year may be well understood by the public. This capital outlay budget shall be a part of the annual budget and shall be based upon and in harmony with the educational plant and ancillary facilities plan. This budget shall designate the proposed capital outlay expenditures by project for the year from all fund sources. The board may not expend any funds on any project not included in the budget, as amended. Each district school board must prepare its tentative district facilities work program as required by s. 235.185 before adopting the capital outlay budget.

History.--s. 918, ch. 19355, 1939; CGL 1940 Supp. 892(300); s. 67, ch. 29764, 1955; s. 113, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 109, ch. 72-221; s. 10, ch. 77-458; s. 9, ch. 80-414; ss. 18, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 95-269; s. 3, ch. 97-384.

235.185  School district facilities work program; definitions; preparation, adoption, and amendment; long-term work programs.--

(1)  DEFINITIONS.--As used in this section, the term:

(a)  "Adopted district facilities work program" means the 5-year work program adopted by the district school board as provided in subsection (3).

(b)  "Tentative district facilities work program" means the 5-year listing of capital outlay projects required:

1.  To properly maintain the educational plant and ancillary facilities of the district.

2.  To provide an adequate number of satisfactory student stations for the projected student enrollment of the district in K-12 programs in accordance with the goal in s. 235.062.

(2)  PREPARATION OF TENTATIVE DISTRICT FACILITIES WORK PROGRAM.--

(a)  Annually, prior to the adoption of the district school budget, each school board shall prepare a tentative district facilities work program that includes:

1.  A schedule of major repair and renovation projects necessary to maintain the educational plant and ancillary facilities of the district.

2.  A schedule of capital outlay projects necessary to ensure the availability of satisfactory student stations for the projected student enrollment in K-12 programs. This schedule shall consider:

a.  The locations, capacities, and planned utilization rates of current educational facilities of the district.

b.  The proposed locations of planned facilities.

c.  Plans for the use and location of relocatable facilities, leased facilities, and charter school facilities.

d.  Plans for multitrack scheduling, grade level organization, block scheduling, or other alternatives that reduce the need for permanent student stations.

e.  Information concerning average class size and utilization rate by grade level within the district that will result if the tentative district facilities work program is fully implemented. The average shall not include exceptional student education classes or prekindergarten classes.

f.  The number and percentage of district students planned to be educated in relocatable facilities during each year of the tentative district facilities work program.

g.  Plans for the closure of any school, including plans for disposition of the facility or usage of facility space, and anticipated revenues.

3.  The projected cost for each project identified in the tentative district facilities work program. For proposed projects for new student stations, a schedule shall be prepared comparing the planned cost and square footage for each new student station, by elementary, middle, and high school levels, to the low, average, and high cost of facilities constructed throughout the state during the most recent fiscal year for which data is available from the Department of Education.

4.  A schedule of estimated capital outlay revenues from each currently approved source which is estimated to be available for expenditure on the projects included in the tentative district facilities work program.

5.  A schedule indicating which projects included in the tentative district facilities work program will be funded from current revenues projected in subparagraph 4.

6.  A schedule of options for the generation of additional revenues by the district for expenditure on projects identified in the tentative district facilities work program which are not funded under subparagraph 5. Additional anticipated revenues may include effort index grants, SIT Program awards, and Classrooms First funds.

(b)  To the extent available, the tentative district facilities work program shall be based on information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216.136.

(c)  Provision shall be made for public comment concerning the tentative district facilities work program.

(3)  ADOPTED DISTRICT FACILITIES WORK PROGRAM.--Annually, the district school board shall consider and adopt the tentative district facilities work program completed pursuant to subsection (2). Upon giving proper public notice and opportunity for public comment, the district school board may amend the program to revise the priority of projects, to add or delete projects, to reflect the impact of change orders, or to reflect the approval of new revenue sources which may become available. The adopted district facilities work program shall:

(a)  Be a complete, balanced capital outlay financial plan for the district.

(b)  Set forth the proposed commitments and planned expenditures of the district to address the educational facilities needs of its students and to adequately provide for the maintenance of the educational plant and ancillary facilities.

(4)  EXECUTION OF ADOPTED DISTRICT FACILITIES WORK PROGRAM.--The first year of the adopted district facilities work program shall constitute the capital outlay budget required in s. 235.18. The adopted district facilities work program shall include the information required in subparagraphs (2)(a)1., 2., and 3., based upon projects actually funded in the program.

(5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to the adopted district facilities work program covering the 5-year work program, the district school board shall adopt annually a 10-year and a 20-year work program which include the information set forth in subsection (2), but based upon enrollment projections and facility needs for the 10-year and 20-year periods. It is recognized that the projections in the 10-year and 20-year timeframes are tentative and should be used only for general planning purposes.

History.--s. 4, ch. 97-384; s. 7, ch. 98-176.

235.186  Effort index grants for school district facilities.--

(1)  The Legislature hereby allocates for effort index grants the sum of $300 million from the funds appropriated from the Educational Enhancement Trust Fund by s. 46, chapter 97-384, Laws of Florida, contingent upon the sale of school capital outlay bonds. From these funds, the Commissioner of Education shall allocate to the four school districts deemed eligible for an effort index grant by the SMART Schools Clearinghouse the sums of $7,442,890 to the Clay County School District, $62,755,920 to the Dade County School District, $1,628,590 to the Hendry County School District, and $414,950 to the Madison County School District. The remaining funds shall be allocated among the remaining district school boards that qualify for an effort index grant by meeting the local capital outlay effort criteria in paragraph (a) or paragraph (b).

(a)  Between July 1, 1995, and June 30, 1999, the school district received direct proceeds from the one-half-cent sales surtax for public school capital outlay authorized by s. 212.055(6) or from the local government infrastructure sales surtax authorized by s. 212.055(2).

(b)  The school district met two of the following criteria:

1.  Levied the full 2 mills of nonvoted discretionary capital outlay authorized by s. 236.25(2) during 1995-1996, 1996-1997, 1997-1998, and 1998-1999.

2.  Levied a cumulative voted millage for capital outlay and debt service equal to 2.5 mills for fiscal years 1995 through 1999.

3.  Received proceeds of school impact fees greater than $500 per dwelling unit which were in effect on July 1, 1998.

4.  Received direct proceeds from either the one-half-cent sales surtax for public school capital outlay authorized by s. 212.055(6) or from the local government infrastructure sales surtax authorized by s. 212.055(2).

(2)  It is the intent of the Legislature that this program be administered as nearly as is practicable in the same manner as the capital outlay program authorized under s. 9(d), Art. XII of the State Constitution. Each district school board's share of the appropriation for the effort index grants must be calculated according to the following formula using the same basis as the Classrooms First allocation formula, but the share of each district shall, at a minimum, be at least equal to the amount required for all payments of the district relating to bonds issued by the state on its behalf:

(a)  Twenty-five percent of the appropriation shall be prorated to the districts based on each district's percentage of base capital outlay full-time-equivalent membership; and 65 percent shall be based on each district's percentage of growth capital outlay full-time-equivalent membership as specified for the allocation of funds from the Public Education Capital Outlay and Debt Service Trust Fund by s. 235.435(3).

(b)  Ten percent of the appropriation must be allocated among district school boards according to the allocation formula in s. 235.435(1)(a).

(3)  A district school board shall expend the funds received under this section only to:

(a)  Construct, renovate, remodel, repair, or maintain educational facilities; or

(b)  Pay debt service on bonds issued under this section, the proceeds of which must be expended for new construction, remodeling, renovation, and major repairs. Bond proceeds shall be expended first for providing permanent classroom facilities and related auxiliary facilities. Bond proceeds may not be expended for any other facilities until all unmet needs for permanent classrooms and auxiliary facilities as defined in s. 235.011 have been satisfied.

However, if more than 9 percent of a district's total square feet is more than 50 years old, the district must spend at least 25 percent of its allocation on the renovation, major repair, or remodeling of existing schools, except that districts having fewer than 10,000 full-time equivalent students are exempt from this requirement.

(4)  Each district school board that pledges moneys under paragraph (3)(b) shall notify the Department of Education of its election at a time set by the department; however, the initial notification shall be by July 1, 1999. The Department of Education shall review the proposal of each district school board for compliance with this section and shall forward all approved proposals to the Division of Bond Finance with a request to issue bonds on behalf of the approved school districts.

(5)  A district school board that chooses to pledge allocations from the Classrooms First Program for the issuance of bonds must encumber those bond proceeds before pledging funds for the payment of debt service on bonds issued pursuant to this section.

(6)  A school district may receive a distribution for use pursuant to paragraph (3)(a) only if the district school board certifies to the Commissioner of Education that the district has no unmet need for permanent classroom facilities in its 5-year capital outlay work plan. If the work plan contains such unmet needs, the district must use its distribution for the payment of bonds under paragraph (2)(b). If the district does not require its full bonded distribution to eliminate such unmet needs, it may bond only that portion of its allocation necessary to meet the needs.

History.--s. 5, ch. 97-384; s. 5, ch. 99-329; s. 14, ch. 2000-152.

235.187  Classrooms First Program; uses.--

(1)  The Commissioner of Education shall allocate funds appropriated for the Classrooms First Program among the district school boards. It is the intent of the Legislature that this program be administered as nearly as practicable in the same manner as the capital outlay program authorized under s. 9(d), Art. XII of the State Constitution. Each district school board's share of the annual appropriation for the Classrooms First Program must be calculated according to the following formula, but the share of each district shall, at a minimum, be at least equal to the amount required for all payments of the district relating to bonds issued by the state on its behalf:

(a)  Twenty-five percent of the appropriation shall be prorated to the districts based on each district's percentage of base capital outlay full-time equivalent membership; and 65 percent shall be based on each district's percentage of growth capital outlay full-time equivalent membership as specified for the allocation of funds from the Public Education Capital Outlay and Debt Service Trust Fund by s. 235.435(3).

(b)  Ten percent of the appropriation must be allocated among district school boards according to the allocation formula in s. 235.435(1)(a).

(2)  A district school board shall expend the funds received pursuant to this section only to:

(a)  Construct, renovate, remodel, repair, or maintain educational facilities; or

(b)  Pay debt service on bonds issued pursuant to this section, the proceeds of which must be expended for new construction, remodeling, renovation, and major repairs. Bond proceeds shall be expended first for providing permanent classroom facilities. Bond proceeds shall not be expended for any other facilities until all unmet needs for permanent classrooms and auxiliary facilities as defined in s. 235.011 have been satisfied.

However, if more than 9 percent of a district's total square feet is more than 50 years old, the district must spend at least 25 percent of its allocation on the renovation, major repair, or remodeling of existing schools, except that districts with fewer than 10,000 full-time equivalent students are exempt from this requirement.

(3)  Each district school board that pledges moneys under paragraph (2)(b) shall notify the Department of Education of its election at a time set by the department. The Department of Education shall review the proposal of each district school board for compliance with this section and shall forward all approved proposals to the Division of Bond Finance with a request to issue bonds on behalf of the approved school districts. The Division of Bond Finance shall pool the pledges from all school districts making the election in that year and shall issue the bonds on behalf of the districts for a period not to exceed the distributions to be received under s. 24.121(2). The bonds must be issued in accordance with s. 11(d), Art. VII of the State Constitution, and each project to be constructed with the proceeds of bonds is hereby approved as provided in s. 11(f), Art. VII of the State Constitution. The bonds shall be issued pursuant to the State Bond Act to the extent not inconsistent with this section.

(4)  Bonds issued under this section must be validated as prescribed by chapter 75. The complaint for the validation must be filed in the circuit court of the county where the seat of state government is situated; the notice required to be published by s. 75.06 must be published only in the county where the complaint is filed; and the complaint and order of the circuit court must be served only on the state attorney of the circuit in which the action is pending. The state covenants with holders of bonds issued under this section that it will not take any action that will materially and adversely affect the rights of such holders so long as such bonds are outstanding. The state does hereby additionally authorize the establishment of a covenant in connection with the bonds which provides that any additional funds received by the state from new or enhanced lottery programs, video gaming, or other similar activities will first be available for payments relating to bonds pledging revenues available pursuant to s. 24.121(2), prior to use for any other purpose.

(5)  Beginning July 1, 1998, a school district may only receive a distribution for use pursuant to paragraph (2)(a) if the district school board certifies to the Commissioner of Education that the district has no unmet need for permanent classroom facilities in its 5-year capital outlay work plan. If the work plan contains such unmet needs, the district must use its distribution for the payment of bonds pursuant to paragraph (2)(b). If the district does not require its full bonded distribution to eliminate such unmet need, it may bond only that portion of its allocation necessary to meet the needs.

History.--s. 6, ch. 97-384; s. 10, ch. 98-47; s. 15, ch. 2000-152.

235.188  Full bonding required to participate in programs.--Any district with unused bonding capacity in its Capital Outlay and Debt Service Trust Fund allocation that certifies in its district facilities work program that it will not be able to meet all of its need for new student stations within existing revenues must fully bond its Capital Outlay and Debt Service Trust Fund allocation before it may participate in Classrooms First, the School Infrastructure Thrift (SIT) Program, or the Effort Index Grants Program.

History.--s. 41, ch. 97-384.

235.19  Site planning and selection.--

(1)  Before acquiring property for sites, each board shall determine the location of proposed educational centers or campuses for the board. In making this determination, the board shall consider existing and anticipated site needs and the most economical and practicable locations of sites. The board shall coordinate with the long-range or comprehensive plans of local, regional, and state governmental agencies to assure the compatibility of such plans with site planning. Boards are encouraged to locate schools proximate to urban residential areas to the extent possible, and shall seek to collocate schools with other public facilities, such as parks, libraries, and community centers, to the extent possible.

(2)  Each new site selected must be adequate in size to meet the educational needs of the students to be served on that site by the original educational facility or future expansions of the facility through renovation or the addition of relocatables. The Commissioner of Education shall prescribe by rule recommended sizes for new sites according to categories of students to be housed and other appropriate factors determined by the commissioner. Less-than-recommended site sizes are allowed if the board, by a two-thirds majority, recommends such a site and finds that it can provide an appropriate and equitable educational program on the site.

(3)  Sites recommended for purchase, or purchased, in accordance with chapter 230 or chapter 240 must meet standards prescribed therein and such supplementary standards as the commissioner prescribes to promote the educational interests of the students. Each site must be well drained and suitable for outdoor educational purposes as appropriate for the educational program. As provided in s. 333.03, the site must not be located within any path of flight approach of any airport. Insofar as is practicable, the site must not adjoin a right-of-way of any railroad or through highway and must not be adjacent to any factory or other property from which noise, odors, or other disturbances, or at which conditions, would be likely to interfere with the educational program.

(4)  It shall be the responsibility of the board to provide adequate notice to appropriate municipal, county, regional, and state governmental agencies for requested traffic control and safety devices so they can be installed and operating prior to the first day of classes or to satisfy itself that every reasonable effort has been made in sufficient time to secure the installation and operation of such necessary devices prior to the first day of classes. It shall also be the responsibility of the board to review annually traffic control and safety device needs and to request all necessary changes indicated by such review.

(5)  Each board may request county and municipal governments to construct and maintain sidewalks and bicycle trails within a 2-mile radius of each educational facility within the jurisdiction of the local government. When a board discovers or is aware of an existing hazard on or near a public sidewalk, street, or highway within a 2-mile radius of a school site and the hazard endangers the life or threatens the health or safety of students who walk, ride bicycles, or are transported regularly between their homes and the school in which they are enrolled, the board shall, within 24 hours after discovering or becoming aware of the hazard, excluding Saturdays, Sundays, and legal holidays, report such hazard to the governmental entity within the jurisdiction of which the hazard is located. Within 5 days after receiving notification by the board, excluding Saturdays, Sundays, and legal holidays, the governmental entity shall investigate the hazardous condition and either correct it or provide such precautions as are practicable to safeguard students until the hazard can be permanently corrected. However, if the governmental entity that has jurisdiction determines upon investigation that it is impracticable to correct the hazard, or if the entity determines that the reported condition does not endanger the life or threaten the health or safety of students, the entity shall, within 5 days after notification by the board, excluding Saturdays, Sundays, and legal holidays, inform the board in writing of its reasons for not correcting the condition. The governmental entity, to the extent allowed by law, shall indemnify the board from any liability with respect to accidents or injuries, if any, arising out of the hazardous condition.

History.--s. 919, ch. 19355, 1939; CGL 1940 Supp. 892(301); s. 68, ch. 29764, 1955; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 4, ch. 73-338; s. 10, ch. 77-458; s. 102, ch. 79-400; s. 2, ch. 80-279; s. 9, ch. 80-414; ss. 19, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 11, ch. 93-164; s. 4, ch. 94-292; ss. 12, 35, ch. 95-269; ss. 2, 11, ch. 95-341; s. 143, ch. 97-190; s. 29, ch. 97-384; s. 8, ch. 98-176.

235.192  Coordination of school safety information; construction design documents.--

(1)  Beginning October 1, 2000, each district superintendent of schools must provide to the law enforcement agency and fire department that has jurisdiction over each educational facility a copy of the floor plans and other relevant documents for each educational facility in the district, as defined in s. 235.011(6). After the initial submission of the floor plans and other relevant documents, the district superintendent of schools shall submit, by October 1 of each year, revised floor plans and other relevant documents for each educational facility in the district that was modified during the preceding year.

(2)  Beginning October 1, 2000, each community college president must provide to the law enforcement agency and fire department that has jurisdiction over the community college a copy of the floor plans and other relevant documents for each educational facility as defined in s. 235.011(6). After the initial submission of the floor plans and other relevant documents, the community college president shall submit, by October 1 of each year, revised floor plans and other relevant documents for each educational facility that was modified during the preceding year.

History.--s. 20, ch. 2000-235.

235.193  Coordination of planning with local governing bodies.--

(1)  It is the policy of this state to require the coordination of planning between boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services. Such planning shall include the integration of the educational plant survey and applicable policies and procedures of a board with the local comprehensive plan and land development regulations of local governing bodies. The planning must include the consideration of allowing students to attend the school located nearest their homes when a new housing development is constructed near a county boundary and it is more feasible to transport the students a short distance to an existing facility in an adjacent county than to construct a new facility or transport students longer distances in their county of residence. The planning must also consider the effects of the location of public education facilities, including the feasibility of keeping central city facilities viable, in order to encourage central city redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl.

(2)  A school board and the local governing body must share and coordinate information related to existing and planned public school facilities; proposals for development, redevelopment, or additional development; and infrastructure required to support the public school facilities, concurrent with proposed development. A school board shall use Department of Education enrollment projections when preparing the 5-year district facilities work program pursuant to s. 235.185, and a school board shall affirmatively demonstrate in the educational facilities report consideration of local governments' population projections to ensure that the 5-year work program not only reflects enrollment projections but also considers applicable municipal and county growth and development projections. A school board is precluded from siting a new school in a jurisdiction where the school board has failed to provide the annual educational facilities report for the prior year required pursuant to s. 235.194 unless the failure is corrected.

(3)  The location of public educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body developed under part II of chapter 163 and the plan's implementing land development regulations, to the extent that the regulations are not in conflict with or the subject regulated is not specifically addressed by this chapter or the State Uniform Building Code, unless mutually agreed by the local government and the board.

(4)  To improve coordination relative to potential educational facility sites, a board shall provide written notice to the local government that has regulatory authority over the use of the land at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility. The local government, upon receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to subsection (5).

(5)  As early in the design phase as feasible, but at least before commencing construction of a new public educational facility, the local governing body that regulates the use of land shall determine, in writing within 90 days after receiving the necessary information and a school board's request for a determination, whether a proposed public educational facility is consistent with the local comprehensive plan and local land development regulations, to the extent that the regulations are not in conflict with or the subject regulated is not specifically addressed by this chapter or the State Uniform Building Code, unless mutually agreed. If the determination is affirmative, school construction may proceed and further local government approvals are not required, except as provided in this section. Failure of the local governing body to make a determination in writing within 90 days after a school board's request for a determination of consistency shall be considered an approval of the school board's application.

(6)  A local governing body may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's future land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the application but it may impose reasonable development standards and conditions in accordance with s. 235.34(1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the State Uniform Building Code, unless mutually agreed.

(7)  This section does not prohibit a local governing body and district school board from agreeing and establishing an alternative process for reviewing a proposed educational facility and site plan, and offsite impacts.

(8)  Existing schools shall be considered consistent with the applicable local government comprehensive plan adopted under part II of chapter 163. The collocation of a new proposed public educational facility with an existing public educational facility, or the expansion of an existing public educational facility is not inconsistent with the local comprehensive plan, if the site is consistent with the comprehensive plan's future land use policies and categories in which public schools are identified as allowable uses, and levels of service adopted by the local government for any facilities affected by the proposed location for the new facility are maintained. If a board submits an application to expand an existing school site, the local governing body may impose reasonable development standards and conditions on the expansion only, and in a manner consistent with s. 235.34(1). Standards and conditions may not be imposed which conflict with those established in this chapter or the State Uniform Building Code, unless mutually agreed. Local government review or approval is not required for:

(a)  The placement of temporary or portable classroom facilities; or

(b)  Proposed renovation or construction on existing school sites, with the exception of construction that changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase in student capacity, or as mutually agreed.

History.--s. 11, ch. 77-458; s. 9, ch. 80-414; ss. 20, 50, 52, ch. 81-223; s. 1, ch. 84-349; s. 25, ch. 85-55; ss. 10, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 7, ch. 90-365; s. 42, ch. 93-206; ss. 13, 35, ch. 95-269; ss. 3, 11, ch. 95-341; s. 9, ch. 98-176; s. 24, ch. 99-378.

235.194  General educational facilities report.--

(1)  It is the policy of the state to foster coordination between school boards and the local general-purpose governments as those local general-purpose governments develop and implement plans under the Local Government Comprehensive Planning and Land Development Regulation Act, part II of chapter 163.

(2)  Beginning October 1, 1995, each school board shall submit annually on October 1 to each local government within the school board's jurisdiction a general educational facilities report. The general educational facilities report must contain information detailing existing educational facilities and their locations and projected needs. The report must also contain the board's capital improvement plan, including planned facilities with funding over the next 3 years, and the educational facilities representing the district's unmet need. The school board shall also provide a copy of its educational plan survey to each local government at least once every 5 years.

History.--s. 4, ch. 95-341.

¹235.195  Cooperative development and use of facilities by two or more boards.--

(1)  Two or more boards, including district school boards, community college boards of trustees, the Board of Trustees for the Florida School for the Deaf and the Blind, and the Board of Regents, desiring to cooperatively establish a common educational facility to accommodate students shall:

(a)  Jointly request a formal assessment by the commissioner, State Board of Community Colleges, or Board of Regents, as appropriate, of the academic program need and the need to build new joint-use facilities to house approved programs. Completion of the assessment and approval of the project by the Board of Regents, the State Board of Community Colleges, or the Commissioner of Education, as appropriate, should be done prior to conducting an educational facilities survey.

(b)  Demonstrate the need for construction of new joint-use facilities involving postsecondary institutions by those institutions presenting evidence of the presence of sufficient actual full-time equivalent enrollments in the locale in leased, rented, or borrowed spaces to justify the requested facility for the programs identified in the formal assessment rather than using projected or anticipated future full-time equivalent enrollments as justification. If the decision is made to construct new facilities to meet this demonstrated need, then building plans should consider full-time equivalent enrollment growth facilitated by this new construction and subsequent new program offerings made possible by the existence of the new facilities.

(c)  Adopt and submit to the commissioner a joint resolution of the participating boards indicating their commitment to the utilization of the requested facility and designating the locale of the proposed facility. The joint resolution shall contain a statement of determination by the participating boards that alternate options, including the use of leased, rented, or borrowed space, were considered and found less appropriate than construction of the proposed facility. The joint resolution shall contain assurance that the development of the proposed facility has been examined in conjunction with the programs offered by neighboring public educational facilities offering instruction at the same level. The joint resolution also shall contain assurance that each participating board shall provide for continuity of educational progression. All joint resolutions shall be submitted to the commissioner by August 1 for consideration of funding by the subsequent Legislature.

(d)  Submit requests for funding of joint-use facilities projects involving state universities and community colleges for approval by the Board of Regents or the State Board of Community Colleges, as appropriate. The respective boards shall determine the priority for funding these projects in relation to the priority of all other capital outlay projects under their consideration. To be eligible for funding from the Public Education Capital Outlay and Debt Service Trust Fund under the provisions of this section, projects involving both state universities and community colleges shall appear on the Board of Regents and the State Board of Community Colleges 3-year capital outlay priority list required by s. 235.435. Projects involving a state university, community college, and a public school, and in which the larger share of the proposed facility is for the use of the state university or the community college, shall appear on the Board of Regents and State Board of Community Colleges 3-year capital outlay priority list.

(e)  Include in their joint resolution for the joint-use facilities, comprehensive plans for the operation and management of the facility upon completion. Institutional responsibilities for specific functions shall be identified, including designation of one participating board as sole owner of the facility. Operational funding arrangements shall be clearly defined.

(2)  An educational plant survey must be conducted within 90 days after submission of the joint resolution and substantiating data describing the benefits to be obtained, the programs to be offered, and the estimated cost of the proposed project. Upon completion of the educational plant survey, the participating boards may include the recommended projects in their plan as provided in s. 235.15. Upon approval of the project by the commissioner, 25 percent of the total cost of the project, or the pro rata share based on space utilization of 25 percent of the cost, must be included in the department's legislative capital outlay budget request as provided in s. 235.41 for educational plants. The participating boards must include in their joint resolution a commitment to finance the remaining funds necessary to complete the planning, construction, and equipping of the facility. Funds from the Public Education Capital Outlay and Debt Service Trust Fund may not be expended on any project unless specifically authorized by the Legislature.

(3)  Included in all proposals for joint-use facilities must be documentation that the proposed new campus or new joint-use facility has been reviewed by the Postsecondary Education Planning Commission, recommended to the State Board of Education, and has been formally requested for authorization by the Legislature in accordance with s. 240.147(8).

(4)  No school board, community college, or state university shall receive funding for more than one approved joint-use facility per campus in any 3-year period.

History.--s. 5, ch. 76-280; s. 12, ch. 77-458; s. 1, ch. 78-428; s. 9, ch. 80-414; ss. 21, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 11, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 16, ch. 90-241; s. 3, ch. 91-55; s. 1299, ch. 95-147; ss. 14, 35, ch. 95-269; s. 4, ch. 98-65; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

235.1975  Cooperative development of educational facilities in juvenile justice programs.--

(1)  The Department of Juvenile Justice shall provide early notice to school districts regarding the siting of new juvenile justice facilities. School districts shall include the projected number of students in the districts' annual estimates. School districts must be consulted regarding the types of students expected to be assigned to commitment facilities for education planning and budgeting purposes.

(2)  The Department of Juvenile Justice shall notify, in writing, the Department of Education when a request for proposals is issued for the construction or operation of a commitment or detention facility anywhere in the state. The Department of Juvenile Justice shall notify, in writing, the appropriate school district when a request for proposals is issued for the construction or operation of a commitment or detention facility when a county or site is specifically identified.

(3)  The Department of Juvenile Justice shall also notify the district school superintendent within 30 days after:

(a)  The award of a contract for the construction or operation of a commitment or detention facility within that school district.

(b)  Obtaining a permit to begin construction of a new detention or commitment facility within that school district.

History.--s. 49, ch. 99-284; s. 4, ch. 2000-137.

235.198  Cooperative development and use of satellite facilities by private industry and school boards.--

(1)  Each district school board may submit, prior to August 1 of each year, a request to the commissioner for funds from the Public Education Capital Outlay and Debt Service Trust Fund to construct, remodel, or renovate an educational facility within the industrial environment. No district school board may apply for more than one facility per year. Such request shall contain the following provisions:

(a)  A detailed description of the satellite site, the site development necessary for new construction, remodeling, or renovation for the accomplishment of the project, and the facility to be constructed. The facility shall be located on a site owned by the business and leased to the school board at no cost. However, the minimum agreement shall be for a period of at least 5 years. The amounts provided by the state and the school board shall be considered full consideration for the lease. If the lease agreement is terminated early, the business shall reimburse the school board an amount determined by multiplying the amounts contributed by the school board and the state by a fraction the numerator of which is the number of months remaining in the original agreement and the denominator of which is the total number of months of the agreement.

(b)  A detailed description and analysis of the educational programs to be offered and the benefits that will accrue to the students through the instructional programs upon completion of the facility.

(c)  The estimated number of full-time students whose regularly scheduled daily instructional program will utilize the facility.

(d)  The estimated cost of the facility and site development not to exceed the department's average cost of new construction adjusted to the respective county cost index. If a site must be acquired, the estimated cost of the site shall be provided.

(e)  A resolution or other appropriate indication of intent to participate in the funding and utilization of the educational facility from private industry. Such indication shall include a commitment by private industry to provide at least one-half of the cost of the facility. The school board shall provide one-fourth of the cost of the facility and, if approved, the state shall provide one-fourth of the cost of the facility. Funds from the Public Education Capital Outlay and Debt Service Trust Fund may not be expended on any project unless specifically authorized by the Legislature.

(f)  The designation as to which agency is to assume responsibility for the operation, maintenance, and control of the proposed facility.

(g)  Documentation by the school board that a long-term lease for the use of the educational facility for a period of not less than 40 years or the life expectancy of the permanent facility constructed thereon, whichever is longer, has been obtained from private industry.

(2)  The commissioner shall appoint a review committee to make recommendations and prioritize requests. If the project is approved by the commissioner, the commissioner shall include up to one-fourth of the cost of the project in the legislative capital outlay budget request, as provided in s. 235.41, for the funding of capital outlay projects involving both educational and private industry. The commissioner shall prioritize any such projects for each fiscal year and, notwithstanding the provisions of s. 235.435(3)(c), limit the recommended state funding amount not to exceed 5 percent off the top of the total funds recommended pursuant to s. 235.435(2) and (3).

(3)  Facilities funded pursuant to this section and all existing satellite facilities shall be exempt from ad valorem taxes as long as the facility is used exclusively for public educational purposes.

History.--ss. 9, 15, ch. 90-241; ss. 15, 35, ch. 95-269.

¹235.199  Cooperative funding of vocational educational facilities.--

(1)  Each district school board operating a designated ²area technical center may submit, prior to August 1 of each year, a request to the commissioner for funds from the Public Education Capital Outlay and Debt Service Trust Fund to plan, construct, and equip a ³career educational facility identified as being critical to the economic development and the workforce needs of the school district. Prior to submitting a request, each school district shall:

(a)  Adopt and submit to the commissioner a resolution indicating its commitment to fund the planning, construction, and equipping of the proposed facility at 40 percent of the requested project amount. The resolution shall also designate the locale of the proposed facility. If funds from a private or noneducational public entity are to be committed to the project, then a joint resolution shall be required.

(b)  Except as provided in paragraph (5)(b), levy the maximum millage against the nonexempt assessed property value as provided in s. 236.25(2).

(c)  Certify to the Division of Workforce Development that the project has been survey recommended.

(d)  Certify to the Division of Workforce Development that final phase III construction documents comply with applicable building codes and life safety codes.

(e)  Sign an agreement that the district school board shall advertise for bids within 90 days of receiving an encumbrance authorization from the department.

(f)  If a construction contract has not been signed 90 days after the advertising of bids, certify to the Division of Workforce Development and the department the cause for delay. Upon request, an additional 90 days may be granted by the commissioner.

(2)  The Division of Workforce Development shall establish the need for additional career education programs and the continuation of existing programs before facility construction or renovation related to career education can be included in the educational plant survey. Information used by the Division of Workforce Development to establish facility needs shall include, but not be limited to, labor market needs analysis and information submitted by the school districts.

(3)  The total cost of the proposed facility shall be determined by the district school board using established state board averages for determining new construction cost.

(4)(a)  A ³career education construction committee shall be composed of the following: three representatives from the Department of Education and one representative from the Executive Office of the Governor.

(b)  The committee shall review and evaluate the requests submitted from the school districts and rank the requests in priority order in accordance with statewide critical needs. This statewide priority list shall be submitted to the commissioner.

(c)  The commissioner's legislative capital outlay budget request may include up to 2 percent of the new construction allocation to public schools for area vocational-technical capital outlay projects recommended by the ³career education construction committee.

(5)(a)  Upon approval of a project, the commissioner shall include up to 60 percent of the total cost of the project in the legislative capital outlay budget request as provided in s. 235.41 for educational plants. The participating district school board shall provide 40 percent of the total cost of the project. When practical, the district school board shall solicit and encourage a private or noneducational public entity to commit to finance a portion of the funds to complete the planning, construction, and equipping of the facility. If a site does not exist, the purchase price or, if donated, the assessed value of a site may be included in meeting the funding requirements of the district school board, a private or noneducational public entity, or the educational agency. The value of existing sites, intended to satisfy any portion of the funding requirement of a private or noneducational public entity, shall be determined by an independent appraiser under contract with the board. The size of the site to adequately provide for the implementation of the proposed educational programs shall be determined by the board. Funds from the Public Education Capital Outlay and Debt Service Trust Fund may not be expended on any project unless specifically authorized by the Legislature.

(b)  In the event that a school district is not levying the maximum millage against the nonexempt assessed property value pursuant to paragraph (1)(b), state and school district funding pursuant to paragraph (a) shall be reduced by the same proportion as the millage actually being levied bears to the maximum allowable millage.

History.--ss. 1, 3, ch. 92-190; ss. 16, 35, ch. 95-269; s. 18, ch. 97-95; s. 14, ch. 97-307; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "area technical center" was substituted for the term "area vocational-technical center" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

³Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

235.211  Educational facilities contracting and construction techniques.--

(1)  Boards may employ procedures to contract for construction of new facilities, or major additions to existing facilities, that will include, but not be limited to:

(a)  Competitive bids.

(b)  Design-build pursuant to s. 287.055.

(c)  Selecting a construction management entity, pursuant to the process provided by s. 287.055, that would be responsible for all scheduling and coordination in both design and construction phases and is generally responsible for the successful, timely, and economical completion of the construction project. The construction management entity must consist of or contract with licensed or registered professionals for the specific fields or areas of construction to be performed, as required by law. At the option of the board, the construction management entity, after having been selected, may be required to offer a guaranteed maximum price or a guaranteed completion date; in which case, the construction management entity must secure an appropriate surety bond pursuant to s. 255.05 and must hold construction subcontracts. The criteria for selecting a construction management entity shall not unfairly penalize an entity that has relevant experience in the delivery of construction projects of similar size and complexity by methods of delivery other than construction management.

(d)  Selecting a program management entity, pursuant to the process provided by s. 287.055, that would act as the agent of the board and would be responsible for schedule control, cost control, and coordination in providing or procuring planning, design, and construction services. The program management entity must consist of or contract with licensed or registered professionals for the specific areas of design or construction to be performed as required by law. The program management entity may retain necessary design professionals selected under the process provided in s. 287.055. At the option of the board, the program management entity, after having been selected, may be required to offer a guaranteed maximum price or a guaranteed completion date, in which case, the program management entity must secure an appropriate surety bond pursuant to s. 255.05 and must hold design and construction subcontracts. The criteria for selecting a program management entity shall not unfairly penalize an entity that has relevant experience in the delivery of construction programs of similar size and complexity by methods of delivery other than program management.

(e)  Day-labor contracts not exceeding $200,000 for construction, renovation, remodeling, or maintenance of existing facilities.

(2)  For the purposes of this section, "day-labor contract" means a project constructed using persons employed directly by a board or by contracted labor.

(3)  Contractors, design-build firms, contract management entities, program management entities, or any other person under contract to construct facilities or major additions to facilities may use any construction techniques allowed by contract and not prohibited by law, including, but not limited to, those techniques known as fast-track construction scheduling, use of components, and systems building process.

(4)  Except as otherwise provided in this section and s. 481.229, the services of a registered architect must be used for the development of plans for the erection, enlargement, or alteration of any educational facility. The services of a registered architect are not required for a minor renovation project for which the construction cost is less than $50,000 or for the placement or hookup of relocatable educational facilities that conform with standards adopted under s. 235.26(2) and (3). However, boards must provide compliance with building code requirements and ensure that these structures are adequately anchored for wind resistance as required by law. Boards are encouraged to consider the reuse of existing construction documents or design criteria packages where such reuse is feasible and practical. Notwithstanding s. 287.055, a board may purchase the architectural services for the design of educational or ancillary facilities under an existing contract agreement for professional services held by a school board in the State of Florida, provided that the purchase is to the economic advantage of the purchasing board, the services conform to the standards prescribed by rules of the Commissioner of Education, and such reuse is not without notice to, and permission from, the architect of record whose plans or design criteria are being reused. Plans shall be reviewed for compliance with the state requirements for educational facilities. Rules adopted under this section must establish uniform prequalification, selection, bidding, and negotiation procedures applicable to construction management contracts and the design-build process. This section does not supersede any small, woman-owned or minority-owned business enterprise preference program adopted by a board. Except as otherwise provided in this section, the negotiation procedures applicable to construction management contracts and the design-build process must conform to the requirements of s. 287.055. A board may not modify any rules regarding construction management contracts or the design-build process.

History.--s. 8, ch. 73-345; s. 8, ch. 74-374; s. 9, ch. 75-292; s. 13, ch. 77-458; s. 2, ch. 78-428; s. 9, ch. 80-414; ss. 24, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 14, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 10, ch. 90-241; s. 5, ch. 94-292; ss. 17, 35, ch. 95-269; ss. 1, 3, ch. 95-410; s. 144, ch. 97-190; s. 6, ch. 99-329.

235.212  Low-energy use design; solar energy systems; swimming pool heaters.--

(1)(a)  Passive design elements and low-energy usage features shall be included in the design and construction of new educational facilities. Operable glazing consisting of at least 5 percent of the floor area shall be placed in each classroom located on the perimeter of the building. Operable glazing is not required in community colleges, auxiliary facilities, music rooms, gyms, locker and shower rooms, special laboratories requiring special climate control, and large group instruction areas having a capacity of more than 100 persons.

(b)  In the remodeling and renovation of educational facilities which have existing natural ventilation, adequate sources of natural ventilation shall be retained, or a combination of natural and low-energy usage mechanical equipment shall be provided that will permit the use of the facility without air-conditioning or heat when ambient conditions are moderate. However, the Commissioner of Education is authorized to waive this requirement when environmental conditions, particularly noise and pollution factors, preclude the effective use of natural ventilation.

(2)  Each new educational facility for which the projected demand for hot water exceeds 1,000 gallons a day shall be constructed, whenever economically and physically feasible, with a solar energy system as the primary energy source for the domestic hot water system of the facility. The solar energy system shall be sized so as to provide at least 65 percent of the estimated needs of the facility. Sizing shall be determined by generally recognized simulation models, such as F-chart and SOLCOST, or by sizing tables generated by the Florida Solar Energy Center.

(3)  If swimming and wading pools constructed as an integral part of an educational facility or plant are heated, such pools shall, whenever feasible, be heated by either a waste heat recovery system or a solar energy system.

History.--s. 1, ch. 78-277; s. 9, ch. 80-414; ss. 25, 50, 52, ch. 81-223; ss. 2, 5, ch. 82-137; s. 6, ch. 83-208; s. 1, ch. 84-349; ss. 15, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1, ch. 88-352; s. 12, ch. 90-172; s. 54, ch. 90-288; s. 35, ch. 95-269; s. 10, ch. 99-329.

235.215  Energy efficiency contracting.--

(1)  LEGISLATIVE INTENT.--The Legislature finds that investment in energy conservation measures in educational facilities can reduce the amount of energy consumed and produce immediate and long-term savings. It is the policy of this state to encourage school districts, state community colleges, and state universities to invest in energy conservation measures that reduce energy consumption, produce a cost savings, and improve the quality of indoor air in facilities, and, when economically feasible, to build, operate, maintain, or renovate educational facilities in such a manner so as to minimize energy consumption and maximize energy savings. It is further the policy of this state to encourage school districts, state community colleges, and state universities to reinvest any energy savings resulting from energy conservation measures into additional energy conservation efforts.

(2)  DEFINITIONS.--For purposes of this section, the term:

(a)  "Energy conservation measure" means a training program, facility alteration, or equipment to be used in new construction, including an addition to an existing facility, that reduces energy costs, and includes, but is not limited to:

1.  Insulation of the facility structure and systems within the facility.

2.  Storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat-absorbing, or heat-reflective, glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption.

3.  Automatic energy control systems.

4.  Heating, ventilating, or air-conditioning system modifications or replacements.

5.  Replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system which, at a minimum, shall conform to the applicable state or local building code.

6.  Energy recovery systems.

7.  Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a facility or complex of facilities.

8.  Energy conservation measures that provide long-term operating cost reductions and significantly reduce Btu consumed.

9.  Renewable energy systems, such as solar, biomass, and wind.

10.  Devices which reduce water consumption or sewer charges.

(b)  "Energy cost savings" means:

1.  A measured reduction in fuel, energy, or operation and maintenance costs created from the implementation of one or more energy conservation measures when compared with an established baseline for previous fuel, energy, or operation and maintenance costs; or

2.  For new construction, a projected reduction in fuel, energy, or operation and maintenance costs created from the implementation of one or more energy conservation measures when compared with the projected fuel, energy, or operation and maintenance costs for equipment if the minimum standards of the State Uniform Building Code for Public Educational Facilities Construction were implemented and signed and sealed by a registered professional engineer.

(c)  "Energy performance-based contract" means a contract for the evaluation, recommendation, and implementation of energy conservation measures which includes, at a minimum:

1.  The design and installation of equipment to implement one or more of such measures, and, if applicable, operation and maintenance of such measures.

2.  The amount of any actual annual savings. This amount must meet or exceed total annual contract payments made by the school, state community college, or state university for such contract.

3.  Financing charges to be incurred by the school, state community college, or state university over the life of the contract.

(d)  "Energy performance contractor" means a person or business licensed pursuant to chapter 471, chapter 481, or chapter 489 and experienced in the analysis, design, implementation, and installation of energy conservation measures through the implementation of energy performance-based contracts.

(3)  ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.--

(a)  A school district, state community college, or state university may enter into an energy performance-based contract with an energy performance contractor to significantly reduce energy or operating costs of an educational facility through one or more energy conservation measures.

(b)  The energy performance contractor shall be selected in compliance with s. 287.055; except that in a case where a school district, state community college, or state university determines that fewer than three firms are qualified to perform the required services, the requirement for agency selection of three firms, as provided in s. 287.055(4)(b), shall not apply and the bid requirements of s. 287.057 shall not apply.

(c)  Before entering into a contract pursuant to this section, the district school board, state community college, or state university shall provide published notice of the meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose.

(d)  Prior to the design and installation of the energy conservation measure, the school district, state community college, or state university must obtain from the energy performance contractor a report that discloses all costs associated with the energy conservation measure and provides an estimate of the amount of the energy cost savings. The report must be reviewed by either the Department of Education or the Department of Management Services or signed and sealed by a registered professional engineer.

(e)  A school district, state community college, or state university may enter into an energy performance-based contract with an energy performance contractor if, after review of the report required by paragraph (d), it finds that the amount it would spend on the energy conservation measures recommended in the report will not exceed the amount to be saved in energy and operation costs over 20 years from the date of installation, based on life-cycle costing calculations, if the recommendations in the report were followed and if the energy performance contractor provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The contract may provide for payments over a period of time not to exceed 20 years.

(f)  A school district, state community college, or state university may enter into an installment payment contract for the purchase and installation of energy conservation measures. The contract shall provide for payments of not less than one-twentieth of the price to be paid within 2 years from the date of the complete installation and acceptance by the school board, state community college, or state university, and the remaining costs to be paid at least quarterly, not to exceed a 20-year term based on life-cycle costing calculations.

(g)  Energy performance-based contracts may extend beyond the fiscal year in which they become effective; however, the term of any contract shall expire at the end of each fiscal year and may be automatically renewed annually up to 20 years, subject to a school board, state community college, or state university making sufficient annual appropriations based upon continued realized energy cost savings. Such contracts shall stipulate that the agreement does not constitute a debt, liability, or obligation of the state or a school board, state community college, or state university, or a pledge of the faith and credit of the state or a school board, state community college, or state university.

(4)  CONTRACT PROVISIONS.--

(a)  An energy performance-based contract shall include a guarantee by the energy performance contractor that annual energy cost savings will meet or exceed the amortized cost of energy conservation measures.

(b)  The contract shall provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed 20 years from the date of complete installation and acceptance by the school board, state community college, or state university, and that the annual savings are guaranteed to the extent necessary to make annual payments to satisfy the contract.

(c)  The contract must require that the energy performance contractor to whom the contract is awarded provide a 100-percent public construction bond to the school district, state community college, or state university for its faithful performance, as required by s. 255.05.

(d)  The contract shall require the energy performance contractor to provide to the school district, state community college, or state university an annual reconciliation of the guaranteed energy cost savings. The energy performance contractor shall be liable for any annual savings shortfall which may occur. In the event that such reconciliation reveals an excess in annual energy cost savings, such excess savings shall not be used to cover potential energy cost savings shortages in subsequent contract years.

History.--s. 2, ch. 92-123; s. 1, ch. 92-306; s. 7, ch. 97-384.

235.2155  School Infrastructure Thrift Program Act.--

(1)  This section and s. 235.216 may be cited as the "School Infrastructure Thrift Program Act."

(2)  The School Infrastructure Thrift Program (SIT Program) is established within the Department of Education, and the State Board of Education may adopt rules as necessary to operate the program. To facilitate the program's purposes, the department shall aggressively seek the elimination or revision of obsolete, excessively restrictive, or unnecessary laws, rules, and regulations for the purpose of reducing the cost of constructing educational facilities and related costs without sacrificing safety or quality of construction. Such efforts must include, but are not limited to, the elimination of duplicate or overlapping inspections; the relaxation of requirements relating to the life cycle of buildings, landscaping, operable glazing, operable windows, radon testing, firesafety, and emergency shelter construction where lawful, safe, and cost-beneficial; and other cost savings identified as lawful, safe, and cost-beneficial.

(3)  The SIT Program is designed as:

(a)  An incentive program to reward districts for:

1.  Savings realized through functional, frugal construction.

2.  Savings realized through the operation of charter schools in non-school-district facilities during the 1996-1997, 1997-1998, 1998-1999, and 1999-2000 school years.

(b)  A recognition program to provide an annual SMART school of the year recognition award to the district that builds the highest quality functional, frugal school.

(4)  Funds shall be appropriated to the SIT Program on an annual basis as determined by the Legislature. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, undisbursed balances of appropriations to the SIT Program shall not revert. It is the intent of the Legislature to continue funding the SIT Program with funds available through frugal government operation and agency savings.

(5)  Participating school districts may seek SIT Program awards beginning July 1, 1997, for projects commenced after or for projects underway at that time, if the projects comply with s. 235.216.

(6)(a)  Each school district may submit to the SMART Schools Clearinghouse, with supporting data, its request, based on eligibility pursuant to s. 235.216 for an award of SIT Program dollars.

(b)  The SMART Schools Clearinghouse shall examine the supporting data from each school district and shall report to the commissioner each district's eligibility pursuant to s. 235.216. Based on the clearinghouse's report and pursuant to ss. 235.217 and 235.218, the clearinghouse shall make recommendations, ranked in order of priority, for SIT Program awards.

(c)  The criteria for SIT Program evaluation and recommendation for awards must be based on the school district's eligibility pursuant to s. 235.216 and the balance of dollars in the SIT Program.

(7)  Awards from the SIT Program shall be made by the commissioner from funds appropriated by the Legislature. An award funded by an appropriation from the General Revenue Fund may be used for any lawful capital outlay expenditure. An award funded by an appropriation of the proceeds of bonds issued pursuant to s. 235.2195 may be used only for bondable capital outlay projects.

History.--s. 22, ch. 97-153; s. 2, ch. 97-265; s. 8, ch. 97-384; s. 7, ch. 99-329.

235.2157  Small school requirement.--

(1)  LEGISLATIVE FINDINGS.--The Legislature finds that:

(a)  Florida's schools are among the largest in the nation.

(b)  Smaller schools provide benefits of reduced discipline problems and crime, reduced truancy and gang participation, reduced dropout rates, improved teacher and student attitudes, improved student self-perception, student academic achievement equal to or superior to that of students at larger schools, and increased parental involvement.

(c)  Smaller schools can provide these benefits while not increasing administrative and construction costs.

(2)  DEFINITION.--As used in this section, "small school" means:

(a)  An elementary school with a student population of not more than 500 students.

(b)  A middle school with a student population of not more than 700 students.

(c)  A high school with a student population of not more than 900 students.

(d)  A school serving kindergarten through grade 8 with a student population of not more than 700 students.

(e)  A school serving kindergarten through grade 12 with a student population of not more than 900 students.

A school on a single campus which operates as a school-within-a-school, as defined by s. 230.23(20), shall be considered a small school if each smaller unit located on the single campus meets the requirements of this subsection.

(3)  REQUIREMENTS.--

(a)  Beginning July 1, 2003, all plans for new educational facilities to be constructed within a school district and reflected in the 5-year school district facilities work plan shall be plans for small schools in order to promote increased learning and more effective use of school facilities.

(b)  Small schools shall comply with all laws, rules, and court orders relating to racial balance.

(4)  EXCEPTIONS.--This section does not apply to plans for new educational facilities already under architectural contract on July 1, 2003.

History.--s. 21, ch. 2000-235.

235.216  SIT Program award eligibility; maximum cost per student station of educational facilities; frugality incentives; recognition awards.--

(1)  It is the intent of the Legislature that district school boards that seek awards of SIT Program funds use due diligence and sound business practices in the design, construction, and use of educational facilities.

(2)  A school district may seek an award from the SIT Program, pursuant to this section and s. 235.2155, based on the district's:

(a)  New construction of educational facilities if the cost per student station is less than:

1.  $11,600 for an elementary school,

2.  $13,300 for a middle school, or

3.  $17,600 for a high school,

(1997) as adjusted annually by the Consumer Price Index. The award shall be up to 50 percent of such savings, as recommended by the SMART Schools Clearinghouse.

(b)  Operation of charter schools in non-school-district facilities. SIT Program awards pursuant to this paragraph shall be as recommended by the SMART Schools Clearinghouse. After the initial award, the recommendation must be based on savings realized from proportionate district increase in such charter school enrollment in excess of original enrollment, and the award shall be up to 50 percent of such savings.

(3)  Beginning with the 1998-1999 fiscal year, a school district may seek a SMART school of the year recognition award for building the highest quality functional, frugal school. The commissioner may present a trophy or plaque and a cash award to the school recommended by the SMART Schools Clearinghouse for a SMART school of the year recognition award.

History.--s. 23, ch. 97-153; s. 3, ch. 97-265; s. 9, ch. 97-384; s. 8, ch. 99-329.

235.217  SMART (Soundly Made, Accountable, Reasonable, and Thrifty) Schools Clearinghouse.--

(1)(a)  The SMART Schools Clearinghouse is established to assist school districts that seek to access School Infrastructure Thrift (SIT) Program awards pursuant to ss. 235.2155 and 235.216 or effort index grants pursuant to s. 235.186. The clearinghouse must use expedited procedures in providing such assistance.

(b)  The clearinghouse shall consist of five members who are not members of the Legislature or school district officers or employees and who have substantial business experience in the private sector. Two members shall be appointed by the Governor for initial 1-year and 3-year terms, respectively. One member shall be appointed by the President of the Senate for an initial 2-year term. One member shall be appointed by the Speaker of the House of Representatives for an initial 2-year term. The Commissioner of Education or a designee shall be a member. All subsequent terms of the four appointed members shall be 3 years. The Governor's appointee for the initial 3-year term shall chair the clearinghouse, and each subsequent holder of that position shall serve as the chair.

(c)  The clearinghouse is assigned to the Department of Management Services for administrative and fiscal accountability purposes, but it shall otherwise function independently of the control and direction of the department, except as otherwise provided in chapters 110, 255, and 287 for agencies of the executive branch.

(d)  The clearinghouse may adopt rules necessary to carry out its duties, including, but not limited to, rules relating to design and performance standards, the SMART Schools Design Directory, project delivery process, and prioritization of SIT Program awards.

(2)(a)  The clearinghouse shall develop an initial set of design and performance standards for delivering functional and frugal buildings that are space efficient and technology rich. The design and performance standards shall be based on, but not be limited to, such factors as construction costs per student station, maintenance costs, utilities costs, and network-related costs. The design and performance standards shall be continuously updated based upon actual use and performance. Using these standards, the clearinghouse shall conduct a statewide search to certify school designs that are currently available and meet the SMART schools standards. In order for certified SMART schools designs to be reused, the designs must be recertified by the clearinghouse to provide an opportunity for the designer to correct any deficiencies determined from actual use, or to modify the design to meet current standards. The selection process used for approval of a SMART schools design and inclusion of the design in the SMART Schools Design Directory shall be deemed to satisfy the legal requirements of s. 287.055 for the procurement of such services by a public agency. The Department of Management Services may establish state term contracts, including, but not limited to, contracts for design and construction services for SMART schools.

(b)  The clearinghouse shall establish a "SMART Schools Design Directory" listing the certified designs that will be accessible on-line and serve as the primary means to review SMART schools design options. To maximize the use of high performance schools and foster competition, the clearinghouse shall review submissions of new school designs to add to the SMART Schools Design Directory. If the clearinghouse determines the design submitted is equal to or better than the average of those already included in the directory, the submission shall be certified and the design shall then be added to the directory and available for reuse after contracting pursuant to paragraph (a).

(c)  All designs certified by the clearinghouse as SMART schools designs may utilize a project management delivery process similar to the process used by the Department of Management Services. However, school districts may secure project management services from the Department of Management Services or a qualified private provider, or may use internal resources.

(3)  The clearinghouse shall:

(a)  Recommend to the Governor, the Legislature, and the State Board of Education frugal construction standards that ensure appropriate industry standards and optimal life cycles and that may include, but are not limited to, standards for optimal size of core facility space, design-build, performance contracting, energy efficiency, and life-cycle systems costing.

(b)  Prioritize school district SIT Program awards based on a review of the district facilities work programs and proposed construction projects.

(c)  Recommend to the Governor, the Legislature, and the State Board of Education standards and policies relating to the design and construction of educational facilities.

(d)  Request the commissioner to consider all relevant recommendations for incorporation into the Uniform Building Code.

(e)  By July 1, 1998, establish a 5-year statewide capital outlay projection for education. In developing the projection, the clearinghouse shall reasonably adhere to historical projection standards developed for school capital outlay by the Department of Education and shall incorporate the following factors into the projection:

1.  A calculation of the number of student stations in each district as calculated in the Florida Inventory of School Houses based upon space to which stations are to be assigned pursuant to s. 235.014(10)(a)1.

2.  The norm value of each space-per-student station range established for each educational classroom in the State Requirements for Educational Facilities, with the norm value constituting one student station in the Florida Inventory of School Houses.

3.  The number of capital outlay full-time equivalent students as determined by the department for each school district.

4.  A total project cost per student station, which may equal the respective maximums provided in s. 235.435(6) for elementary, middle, and high school student stations adjusted by the Consumer Price Level Index calculated 30 months from the time of the current state capital outlay projection for education.

5.  Maintenance standards and guidelines as determined by the Department of Education.

6.  A relocatable valuation factor, which must consider the historical lifespan of relocatable classrooms in public schools compared to that of permanent facility space, and account for the goal established in s. 235.062 for replacement of relocatables in the next 5 years.

7.  A projection of available state and district revenues for the next 5 fiscal years, based upon current-year projections of state capital outlay revenues accruing to school districts and current-year levies of ss. 212.055, 236.25(2), 236.31, and 236.32 and millage voted from provisions of s. 9, Art. VII of the State Constitution, incorporating the most recent projections of the Gross Receipts, Public Educational Capital Outlay, Education, Transportation, and General Revenue Estimating Conferences; and not including any revenues accruing through impact fees, proceeds accrued from certificates of participation, or any currently unlevied portion of rate or millage authorized by s. 212.055, s. 236.25(2), s. 236.31, or s. 236.32 or s. 9, Art. VII of the State Constitution.

(4)  The clearinghouse may not enter into the day-to-day operation of the Department of Management Services or the Department of Education and is specifically prohibited from taking part in any of the following activities of a school district:

(a)  The awarding of contracts.

(b)  The selection of a consultant or contractor or the prequalification of any individual consultant or contractor. However, the clearinghouse may recommend to the commissioner standards and policies governing the procedure for selection and prequalification of consultants and contractors.

(c)  The selection of the specific location of a facility.

(5)(a)  Members of the clearinghouse are entitled to per diem and travel expenses pursuant to s. 112.061.

(b)  A member of the clearinghouse shall be subject to the Code of Ethics for Public Officers and Employees, part III of chapter 112.

(c)  The clearinghouse shall appoint an executive director who shall serve under the direction, supervision, and control of the clearinghouse. The executive director may employ staff, subject to appropriations. The executive director shall serve at the pleasure of the clearinghouse.

(d)  The clearinghouse shall develop a budget request pursuant to chapter 216. The budget request is not subject to change by the Department of Management Services but shall be submitted to the Governor and the Legislature along with the budget request of the department.

(e)  The clearinghouse and the Department of Education shall develop an interagency cooperation, collaboration, and information-sharing agreement, as necessary to work out areas of mutual concern.

History.--s. 10, ch. 97-384; s. 9, ch. 99-329.

235.218  School district facilities work program performance and productivity standards; development; measurement; application.--

(1)  The SMART Schools Clearinghouse shall develop and adopt measures for evaluating the performance and productivity of school district facilities work programs. The measures may be both quantitative and qualitative and must, to the maximum extent practical, assess those factors that are within the districts' control. The measures must, at a minimum, assess performance in the following areas:

(a)  Frugal production of high-quality projects.

(b)  Efficient finance and administration.

(c)  Optimal school and classroom size and utilization rate.

(d)  Safety.

(e)  Core facility space needs and cost-effective capacity improvements that consider demographic projections.

(f)  Level of district local effort.

(2)  The clearinghouse shall establish annual performance objectives and standards that can be used to evaluate district performance and productivity.

(3)  The clearinghouse shall conduct ongoing evaluations of district educational facilities program performance and productivity, using the measures adopted under this section. If, using these measures, the clearinghouse finds that a district failed to perform satisfactorily, the clearinghouse must recommend to the district school board actions to be taken to improve the district's performance.

History.--s. 11, ch. 97-384; s. 12, ch. 99-329.

235.2195  The 1997 School Capital Outlay Bond Program.--There is hereby established the 1997 School Capital Outlay Bond Program.

(1)  The issuance of revenue bonds payable from the first lottery revenues transferred to the Educational Enhancement Trust Fund each fiscal year, as provided by s. 24.121(2), is authorized to finance or refinance the construction, acquisition, reconstruction, or renovation of educational facilities. Such bonds shall be issued pursuant to and in compliance with the provisions of s. 11(d), Art. VII of the State Constitution, the provisions of the State Bond Act, ss. 215.57-215.83, as amended, and the provisions of this section. The state does hereby covenant with the holders of such revenue bonds that it will not take any action which will materially and adversely affect the rights of such holders so long as bonds authorized by this section are outstanding. The state does hereby additionally authorize the establishment of a covenant in connection with the bonds which provides that any additional funds received by the state from new or enhanced lottery programs, video gaming, or other similar activities will first be available for payments relating to bonds pledging revenues available pursuant to s. 24.121(2), prior to use for any other purpose.

(2)  The bonds shall be issued by the Division of Bond Finance of the State Board of Administration on behalf of the Department of Education in such amount as shall be requested by resolution of the State Board of Education. However, debt service and other amounts payable with respect to the bonds issued pursuant to this section shall not exceed $35 million in any state fiscal year.

(3)  Proceeds available from bond sales shall be deposited in the Educational Enhancement Trust Fund within the Department of Education.

(4)  The facilities to be financed with the proceeds of such bonds are designated as state fixed capital outlay projects for purposes of s. 11(d), Art. VII of the State Constitution and the specific facilities to be financed shall be determined by the Department of Education in accordance with state law and appropriations from the Educational Enhancement Trust Fund. Each educational facility to be financed with the proceeds of the bonds issued pursuant to this section is hereby approved as required by s. 11(f), Art. VII of the State Constitution.

(5)  Bonds issued pursuant to this section shall be validated in the manner provided by chapter 75. The complaint for such validation shall be filed in the circuit court of the county where the seat of state government is situated, the notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in which the action is pending.

History.--s. 13, ch. 97-384; s. 11, ch. 98-47; s. 16, ch. 2000-152.

235.21955  Lottery Capital Outlay and Debt Service Trust Fund.--

(1)(a)  The Lottery Capital Outlay and Debt Service Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund from legislative appropriations and interest earnings. The purpose of the trust fund is to maintain and account for lottery funds appropriated for fixed capital outlay and debt service separately from lottery funds appropriated for current operations.

(b)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

(2)  Lottery funds appropriated for fixed capital outlay and debt service, along with any interest earned thereon, shall be transferred from the Educational Enhancement Trust Fund to the Lottery Capital Outlay and Debt Service Trust Fund.

(3)  Pursuant to the provisions of s. 19(f)(3), Art. III of the State Constitution, the trust fund is not subject to termination under s. 19(f)(2), Art. III of the State Constitution.

History.--s. 1, ch. 2000-120.

235.2196  Commissioner to provide for encumbrances of funds.--The Commissioner of Education shall provide for timely encumbrances of funds for duly authorized projects. Encumbrances may include proceeds to be received under a resolution approved by the State Board of Education authorizing the issuance of 1997 school capital outlay bonds pursuant to s. 11(d), Art. VII of the State Constitution, s. 235.2195, and other applicable law.

History.--s. 49, ch. 97-384.

235.2197  Florida Frugal Schools Program.--

(1)  The Legislature recognizes the need for public accountability and public confidence in the expenditure of capital outlay funds by district school boards. The Legislature further recognizes that frugal construction of functional schools is an essential element in providing, with limited state and local resources, adequate school facilities for a growing student population.

(2)  The "Florida Frugal Schools Program" is created to recognize publicly each district school board that agrees to build frugal yet functional educational facilities and that implements "best financial management practices" when planning, constructing, and operating educational facilities. The State Board of Education shall recognize a district school board as having a Florida Frugal Schools Program if the district requests recognition and satisfies two or more of the following criteria:

(a)  The district receives a "Seal of Best Financial Management" as provided in s. 230.23025 or implements best financial management practices in the area of educational facilities as evidenced by a partial review under s. 230.2302.

(b)  The district school board certifies that each educational facility planned and constructed by the district after the effective date of this act will comply with the cost limits established in s. 235.435(6) and that evidence of such compliance will be submitted for validation on a project-by-project basis to the Department of Education.

(c)  The district school board submits a plan to the Commissioner of Education certifying how the revenues generated by the levy of the capital outlay sales surtax authorized by s. 212.055(6) will be spent. The plan must include at least the following assurances about the use of the proceeds of the surtax and any accrued interest:

1.  The district school board will use the surtax and accrued interest only for the fixed capital outlay purposes identified by s. 212.055(6)(d) which will reduce school overcrowding that has been validated by the Department of Education, or for the repayment of bonded indebtedness related to such capital outlay purposes.

2.  The district school board will not spend the surtax or accrued interest to pay for operational expenses or for the construction, renovation, or remodeling of any administrative building or any other ancillary facility that is not directly related to the instruction, feeding, or transportation of students enrolled in the public schools.

3.  The district school board's use of the surtax and accrued interest will be consistent with the best financial management practices identified and approved under s. 230.23025.

4.  The district school board will apply the educational facilities contracting and construction techniques authorized by s. 235.211 or other construction management techniques to reduce the cost of educational facilities.

5.  The district school board will discontinue the surtax levy when the district has provided the survey-recommended educational facilities that were determined to be necessary to relieve school overcrowding; when the district has satisfied any bonded indebtedness incurred for such educational facilities; or when the district's other sources of capital outlay funds are sufficient to provide such educational facilities, whichever occurs first.

6.  The district school board will use any excess surtax collections or accrued interest to reduce the discretionary outlay millage levied under s. 236.25(2).

(d)  The district school board receives the equivalent of a one-half cent levy from the local infrastructure sales surtax.

History.--s. 16, ch. 97-384; s. 104, ch. 99-2; s. 17, ch. 2000-152.

235.2199  Use of public-private partnerships for school construction.--Any school district that plans to build three or more new public schools within a 5-year period is encouraged to build at least one of every three new schools through public-private partnerships if such partnerships are projected to result in cost savings compared to the most frugal method of public school construction currently used in the district.

History.--s. 40, ch. 97-384.

¹235.26  State Uniform Building Code for Public Educational Facilities Construction.--The Commissioner of Education shall adopt a uniform statewide building code for the planning and construction of public educational and ancillary plants by district school boards and community college district boards of trustees. The code must be entitled the State Uniform Building Code for Public Educational Facilities Construction. Included in this code must be flood plain management criteria in compliance with the rules and regulations in 44 C.F.R. parts 59 and 60, and subsequent revisions thereto which are adopted by the Federal Emergency Management Agency. Wherever the words "Uniform Building Code" appear, they mean the "State Uniform Building Code for Public Educational Facilities Construction." It is not a purpose of the Uniform Building Code to inhibit the use of new materials or innovative techniques; nor may it specify or prohibit materials by brand names. The code must be flexible enough to cover all phases of construction so as to afford reasonable protection for the public safety, health, and general welfare. The department may secure the service of other state agencies or such other assistance as it finds desirable in revising the code.

(1)  UNIFORM BUILDING CODE.--

(a)  Except as otherwise provided in paragraph (b), all public educational and ancillary plants constructed by a district school board or a community college district board of trustees must conform to the State Uniform Building Code for Public Educational Facilities Construction, and such plants are exempt from all other state, county, district, municipal, or local building codes, interpretations, building permits, and assessments of fees for building permits, ordinances, road closures, and impact fees or service availability fees. Any inspection by local or state government must be based on the Uniform Building Code as prescribed by rule. Each board shall provide for periodic inspection of the proposed educational plant during each phase of construction to determine compliance with the Uniform Building Code.

(b)  A district school board or community college district board of trustees may conform with local building codes and the administration of such codes when constructing ancillary plants that are not attached to educational facilities, if those plants conform to the space size requirements established in the Uniform Building Code.

(2)  CONFORMITY TO UNIFORM BUILDING CODE STANDARDS REQUIRED FOR APPROVAL.--A district school board or community college district board of trustees may not approve any plans for the construction, renovation, remodeling, or demolition of any educational or ancillary plants unless these plans conform to the requirements of the Uniform Building Code. Each district school board and community college district board of trustees may adopt policies for delegating to the superintendent or community college president authority for submitting documents to the department and for awarding contracts subsequent to and consistent with board approval of the scope, timeframes, funding source, and budget of a survey-recommended project. It is also the responsibility of the department to develop, as a part of the Uniform Building Code, standards relating to:

(a)  Prefabricated facilities, factory-built facilities, or site-built facilities that are designed to be portable, relocatable, demountable, or reconstructible; are used primarily as classrooms; and do not fall under the provisions of ss. 320.822-320.862. Such standards must permit boards to contract with the Department of Community Affairs for factory inspections by certified Uniform Building Code inspectors to certify conformance with law and with rules of the Commissioner of Education. The standards must comply with the requirements of s. 235.061 for relocatable facilities intended for long-term use as classroom space.

(b)  The sanitation of educational and ancillary plants and the health of occupants of educational and ancillary plants.

(c)  The safety of occupants of educational and ancillary plants as provided in s. 235.06.

(d)  The physically handicapped.

(e)  Accessibility for children, notwithstanding the provisions of s. 553.512.

(f)  The performance of life-cycle cost analyses on alternative architectural and engineering designs to evaluate their energy efficiencies.

1.  The life-cycle cost analysis must consist of the sum of:

a.  The reasonably expected fuel costs over the life of the building that are required to maintain illumination, water heating, temperature, humidity, ventilation, and all other energy-consuming equipment in a facility; and

b.  The reasonable costs of probable maintenance, including labor and materials, and operation of the building.

2.  For computation of the life-cycle costs, the department shall develop standards that must include, but need not be limited to:

a.  The orientation and integration of the facility with respect to its physical site.

b.  The amount and type of glass employed in the facility and the directions of exposure.

c.  The effect of insulation incorporated into the facility design and the effect on solar utilization of the properties of external surfaces.

d.  The variable occupancy and operating conditions of the facility and subportions of the facility.

e.  An energy consumption analysis of the major equipment of the facility's heating, ventilating, and cooling system; lighting system; and hot water system and all other major energy-consuming equipment and systems as appropriate.

3.  Such standards must be based on the best currently available methods of analysis, including such methods as those of the National Institute of Standards and Technology, the Department of Housing and Urban Development, and other federal agencies and professional societies and materials developed by the Department of Management Services and the department. Provisions must be made for an annual updating of standards as required.

4.  By July 1, 1998, the department shall establish life-cycle cost criteria in the State Requirements for Educational Facilities for use in evaluating projects.

5.  By July 1, 1999, the department shall establish standards for construction materials and systems based on life-cycle costs that consider initial costs, maintenance costs, custodial costs, operating costs, and life expectancy. The standards may include multiple acceptable materials. It is the intent of the Legislature to require district school boards to conform with these standards when expending funds from the Public Education Capital Outlay and Debt Service Trust Fund or the School District and Community College District Capital Outlay and Debt Service Trust Fund and to prohibit district school boards from expending local capital outlay revenues for any project that includes materials or systems that do not comply with these standards unless the district school board submits evidence that alternative materials or systems meet or exceed standards developed by the department.

(3)  ENFORCEMENT BY BOARD.--It is the responsibility of each district school board and community college district board of trustees to ensure that all plans and educational and ancillary plants meet the standards of the Uniform Building Code and to provide for the enforcement of this code in the areas of its jurisdiction. Each board shall provide for the proper supervision and inspection of the work. Each board may employ a chief building official or inspector and such other inspectors, who have been certified by the department or certified pursuant to chapter 468, and such personnel as are necessary to administer and enforce the provisions of this code. Boards may also utilize local building department inspectors who are certified by the department to enforce this code. Plans or facilities that fail to meet the standards of the Uniform Building Code may not be approved. When planning for and constructing an educational, auxiliary, or ancillary facility, a district school board must use construction materials and systems that meet standards adopted pursuant to subparagraph (2)(f)5. If the planned or actual construction of a facility deviates from the adopted standards, the district school board must, at a public hearing, quantify and compare the costs of constructing the facility with the proposed deviations and in compliance with the adopted standards and the Uniform Building Code. The board must explain the reason for the proposed deviations and compare how the total construction costs and projected life-cycle costs of the facility or component system of the facility would be affected by implementing the proposed deviations rather than using materials and systems that meet the adopted standards. The provisions of this subsection do apply to educational, auxiliary, and ancillary facility projects commenced on or after July 1, 1999.

(4)  ENFORCEMENT BY DEPARTMENT.--As a further means of ensuring that all educational and ancillary facilities hereafter constructed or materially altered or added to conform to the Uniform Building Code standards, each district school board and community college district board of trustees that undertakes the construction, renovation, remodeling, purchasing, or lease-purchase of any educational plant or ancillary facility, the cost of which exceeds $200,000, may submit plans to the department for approval.

(5)  APPROVAL.--

(a)  Before a contract has been let for the construction, the department, the board, or the board's authorized review agent must approve the phase III construction documents. A board may reuse prototype plans on another site, provided the facilities list and phase III construction documents have been updated for the new site and for compliance with the Uniform Building Code and any laws relating to firesafety, health and sanitation, casualty safety, and requirements for the physically handicapped which are in effect at the time a construction contract is to be awarded.

(b)  In reviewing plans for approval, the department, the board, or its review agent as authorized in s. 235.017, shall take into consideration:

1.  The need for the new facility.

2.  The educational and ancillary plant planning.

3.  The architectural and engineering planning.

4.  The location on the site.

5.  Plans for future expansion.

6.  The type of construction.

7.  Sanitary provisions.

8.  Conformity to Uniform Building Code standards.

9.  The structural design and strength of materials proposed to be used.

10.  The mechanical design of any heating, air-conditioning, plumbing, or ventilating system. Typical heating, ventilating, and air-conditioning systems preapproved by the department for specific applications may be used in the design of educational facilities.

11.  The electrical design of educational plants.

12.  The energy efficiency and conservation of the design.

13.  Life-cycle cost considerations.

14.  The design to accommodate physically handicapped persons.

15.  The ratio of net to gross square footage.

16.  The proposed construction cost per gross square foot.

(c)  The board may not occupy a facility until the project has been inspected to verify compliance with statutes, rules, and codes affecting the health and safety of the occupants. Verification of compliance with rules, statutes, and codes for nonoccupancy projects such as roofing, paving, site improvements, or replacement of equipment may be certified by the architect or engineer of record and verification of compliance for other projects may be made by an inspector certified by the department or certified pursuant to chapter 468 who is not the architect or engineer of record. The board shall maintain a record of the project's completion and permanent archive of phase III construction documents, including any addenda and change orders to the project. The boards shall provide project data to the department, as requested, for purposes and reports needed by the Legislature.

(6)  REVIEW PROCEDURE.--The Commissioner of Education shall have final review of all questions, disputes, or interpretations involving the Uniform Building Code, and any objections to decisions made by the inspectors or the department must be submitted in writing.

(7)  BIENNIAL REVIEW AND UPDATE; DISSEMINATION.--The department shall biennially review, update, and revise the Uniform Building Code. The department shall publish and make available to each district school board and community college district board of trustees at no cost copies of the code and each amendment and revision thereto. The department shall make additional copies available to all interested persons at a price sufficient to recover costs.

(8)  LEGAL EFFECT OF CODE.--The State Uniform Building Code for Public Educational Facilities Construction has the force and effect of law and supersedes any other code adopted by a district school board or community college district board of trustees or any other building code or ordinance for the construction of educational and ancillary plants whether at the local, county, or state level and whether adopted by rule or legislative enactment. All special acts or general laws of local application are hereby repealed to the extent that they conflict with this section.

(9)  EDUCATION FACILITIES AS EMERGENCY SHELTERS.--

(a)  The Department of Education shall, in consultation with boards and county and state emergency management offices, amend the State Uniform Building Code for Public Educational Facilities Construction to incorporate public shelter design criteria into the Uniform Building Code. The new criteria must be designed to ensure that appropriate core facility areas in new educational facilities can serve as public shelters for emergency management purposes. The Commissioner of Education shall publish proposed amendments to the State Uniform Building Code for Public Educational Facilities Construction setting forth the public-shelter criteria by July 1, 1995. A facility, or an appropriate core facility area within a facility, for which a design contract is entered into subsequent to the effective date of the inclusion of the public shelter criteria in the code must be built in compliance with the amended code unless the facility or a part thereof is exempted from using the new shelter criteria due to its location, size, or other characteristics by the applicable board with the concurrence of the applicable local emergency management agency or the Department of Community Affairs. Any educational facility located or proposed to be located in an identified category 1, 2, or 3 evacuation zone is not subject to the requirements of this subsection. If the regional planning council region in which the county is located does not have a hurricane evacuation shelter deficit, as determined by the Department of Community Affairs, school districts within the planning council region are not required to incorporate the public shelter criteria into their construction of educational facilities.

(b)  By January 31, 1996, and by January 31 every even-numbered year thereafter, the Department of Community Affairs shall prepare and submit a statewide emergency shelter plan to the Governor and the Cabinet for approval. The plan must identify the general location and square footage of existing shelters, by regional planning council region, and the general location and square footage of needed shelters, by regional planning council region, in the next 5 years. Such plan must identify the types of public facilities which should be constructed to comply with emergency shelter criteria and must recommend an appropriate, adequate, and dedicated source of funding for the additional cost of constructing emergency shelters within these public facilities. After the approval of the plan, a board may not be required to build more emergency shelter space than identified as needed in the plan, and decisions pertaining to exemptions pursuant to paragraph (a) must be guided by the plan.

(10)  LOCAL LEGISLATION PROHIBITED.--After June 30, 1985, pursuant to s. 11(a)(21), Art. III of the State Constitution, there shall not be enacted any special act or general law of local application which proposes to amend, alter, or contravene any provisions of the State Building Code adopted under the authority of this section.

History.--s. 926, ch. 19355, 1939; CGL 1940 Supp. 892(312); s. 12, ch. 29754, 1955; s. 10, ch. 59-371; s. 117, ch. 65-239; s. 1, ch. 67-106; ss. 15, 18, 19, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 70-196; s. 6, ch. 70-399; s. 9, ch. 74-374; s. 1, ch. 77-280; s. 15, ch. 77-458; s. 1, ch. 78-290; s. 1, ch. 79-71; s. 103, ch. 79-400; s. 9, ch. 80-414; ss. 27, 50, 52, ch. 81-223; ss. 10, 14, ch. 82-240; s. 1, ch. 83-163; s. 3, ch. 83-224; s. 1, ch. 84-349; ss. 16, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1, ch. 88-202; s. 5, ch. 89-226; s. 15, ch. 89-278; s. 13, ch. 90-172; s. 11, ch. 90-241; s. 55, ch. 90-288; s. 2, ch. 90-320; s. 169, ch. 92-279; s. 55, ch. 92-326; s. 6, ch. 93-211; s. 6, ch. 94-292; ss. 18, 35, ch. 95-269; ss. 6, 11, ch. 95-341; s. 145, ch. 97-190; s. 6, ch. 97-265; s. 30, ch. 97-384; s. 16, ch. 99-329; s. 2, ch. 2000-140; s. 11, ch. 2000-141.

¹Note.--Section 11, ch. 2000-141, amended s. 235.26, effective July 1, 2001, to read:

235.26  State uniform building code for public educational facilities construction.--

(1)  UNIFORM BUILDING CODE.--By July 1, 2001, a uniform statewide building code for the planning and construction of public educational and ancillary plants by district school boards and community college district boards of trustees shall be adopted by the Florida Building Commission within the Florida Building Code, pursuant to s. 553.73. Included in this code must be flood plain management criteria in compliance with the rules and regulations in 44 C.F.R. parts 59 and 60, and subsequent revisions thereto which are adopted by the Federal Emergency Management Agency. It is also the responsibility of the department to develop, as a part of the uniform building code, standards relating to:

(a)  Prefabricated facilities or factory-built facilities that are designed to be portable, relocatable, demountable, or reconstructible; are used primarily as classrooms; and do not fall under the provisions of ss. 320.822-320.862. Such standards must permit boards to contract with the Department of Community Affairs for factory inspections by certified building code inspectors to certify conformance with applicable law and rules. The standards must comply with the requirements of s. 235.061 for relocatable facilities intended for long-term use as classroom space, and the relocatable facilities shall be designed subject to missile impact criteria of s. 423(24)(d)(1) of the Florida Building Code when located in the windborne debris region.

(b)  The sanitation of educational and ancillary plants and the health of occupants of educational and ancillary plants.

(c)  The safety of occupants of educational and ancillary plants as provided in s. 235.06, except that the firesafety criteria shall be established by the State Fire Marshal in cooperation with the Florida Building Commission and the department and such firesafety requirements must be incorporated into the Florida Fire Prevention Code.

(d)  Accessibility for children, notwithstanding the provisions of s. 553.512.

(e)  The performance of life-cycle cost analyses on alternative architectural and engineering designs to evaluate their energy efficiencies.

1.  The life-cycle cost analysis must consist of the sum of:

a.  The reasonably expected fuel costs over the life of the building which are required to maintain illumination, water heating, temperature, humidity, ventilation, and all other energy-consuming equipment in a facility; and

b.  The reasonable costs of probable maintenance, including labor and materials, and operation of the building.

2.  For computation of the life-cycle costs, the department shall develop standards that must include, but need not be limited to:

a.  The orientation and integration of the facility with respect to its physical site.

b.  The amount and type of glass employed in the facility and the directions of exposure.

c.  The effect of insulation incorporated into the facility design and the effect on solar utilization of the properties of external surfaces.

d.  The variable occupancy and operating conditions of the facility and subportions of the facility.

e.  An energy-consumption analysis of the major equipment of the facility's heating, ventilating, and cooling system; lighting system; and hot water system and all other major energy-consuming equipment and systems as appropriate.

3.  Life-cycle cost criteria published by the Department of Education for use in evaluating projects.

4.  Standards for construction materials and systems based on life-cycle costs that consider initial costs, maintenance costs, custodial costs, operating costs, and life expectancy. The standards may include multiple acceptable materials. It is the intent of the Legislature to require district school boards to comply with these standards when expending funds from the Public Education Capital Outlay and Debt Service Trust Fund or the School District and Community College District Capital Outlay and Debt Service Trust Fund and to prohibit district school boards from expending local capital outlay revenues for any project that includes materials or systems that do not comply with these standards, unless the district school board submits evidence that alternative materials or systems meet or exceed standards developed by the department.


It is not a purpose of the Florida Building Code to inhibit the use of new materials or innovative techniques; nor may it specify or prohibit materials by brand names. The code must be flexible enough to cover all phases of construction so as to afford reasonable protection for the public safety, health, and general welfare. The department may secure the service of other state agencies or such other assistance as it finds desirable in recommending to the Florida Building Commission revisions to the code.

(2)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE PREVENTION STANDARDS REQUIRED FOR APPROVAL.--

(a)  Except as otherwise provided in paragraph (b), all public educational and ancillary plants constructed by a district school board or a community college district board of trustees must conform to the Florida Building Code and the Florida Fire Prevention Code, and such plants are exempt from all other state building codes; county, municipal, or other local amendments to the Florida Building Code and local amendments to the Florida Fire Prevention Code; building permits, and assessments of fees for building permits, except as provided in s. 553.80; ordinances; road closures; and impact fees or service availability fees. Any inspection by local or state government must be based on the Florida Building Code and the Florida Fire Prevention Code. Each board shall provide for periodic inspection of the proposed educational plant during each phase of construction to determine compliance with the state requirements for educational facilities.

(b)  A district school board or community college district board of trustees may conform with the Florida Building Code and the Florida Fire Prevention Code and the administration of such codes when constructing ancillary plants that are not attached to educational facilities, if those plants conform to the space size requirements established in the codes.

(c)  A district school board or community college district board of trustees may not approve any plans for the construction, renovation, remodeling, or demolition of any educational or ancillary plants unless these plans conform to the requirements of the Florida Building Code and the Florida Fire Prevention Code. Each district school board and community college district board of trustees may adopt policies for delegating to the superintendent or community college president authority for submitting documents to the department and for awarding contracts subsequent to and consistent with board approval of the scope, timeframes, funding source, and budget of a survey-recommended project.

(3)  ENFORCEMENT BY BOARD.--It is the responsibility of each district school board and community college district board of trustees to ensure that all plans and educational and ancillary plants meet the standards of the Florida Building Code and the Florida Fire Prevention Code and to provide for the enforcement of these codes in the areas of its jurisdiction. Each board shall provide for the proper supervision and inspection of the work. Each board may employ a chief building official or inspector and such other inspectors, who have been certified pursuant to chapter 468, and such personnel as are necessary to administer and enforce the provisions of this code. Boards may also utilize local building department inspectors who are certified by the department to enforce this code. Plans or facilities that fail to meet the standards of the Florida Building Code or the Florida Fire Prevention Code may not be approved. When planning for and constructing an educational, auxiliary, or ancillary facility, a district school board must use construction materials and systems that meet standards adopted pursuant to ²subparagraph (2)(f)5. If the planned or actual construction of a facility deviates from the adopted standards, the district school board must, at a public hearing, quantify and compare the costs of constructing the facility with the proposed deviations and in compliance with the adopted standards and the Florida Building Code. The board must explain the reason for the proposed deviations and compare how the total construction costs and projected life-cycle costs of the facility or component system of the facility would be affected by implementing the proposed deviations rather than using materials and systems that meet the adopted standards. The provisions of this subsection do apply to educational, auxiliary, and ancillary facility projects commenced on or after July 1, 1999.

(4)  ENFORCEMENT BY DEPARTMENT.--As a further means of ensuring that all educational and ancillary facilities hereafter constructed or materially altered or added to conform to the Florida Building Code standards or Florida Fire Prevention Code standards, each district school board and community college district board of trustees that undertakes the construction, renovation, remodeling, purchasing, or lease-purchase of any educational plant or ancillary facility, the cost of which exceeds $200,000, may submit plans to the department for approval.

(5)  APPROVAL.--

(a)  Before a contract has been let for the construction, the department, the board, or the board's authorized review agent must approve the phase III construction documents. A board may reuse prototype plans on another site, provided the facilities list and phase III construction documents have been updated for the new site and for compliance with the Florida Building Code and the Florida Fire Prevention Code and any laws relating to firesafety, health and sanitation, casualty safety, and requirements for the physically handicapped which are in effect at the time a construction contract is to be awarded.

(b)  In reviewing plans for approval, the department, the board, or its review agent as authorized in s. 235.017, shall take into consideration:

1.  The need for the new facility.

2.  The educational and ancillary plant planning.

3.  The architectural and engineering planning.

4.  The location on the site.

5.  Plans for future expansion.

6.  The type of construction.

7.  Sanitary provisions.

8.  Conformity to Florida Building Code standards.

9.  The structural design and strength of materials proposed to be used.

10.  The mechanical design of any heating, air-conditioning, plumbing, or ventilating system. Typical heating, ventilating, and air-conditioning systems preapproved by the department for specific applications may be used in the design of educational facilities.

11.  The electrical design of educational plants.

12.  The energy efficiency and conservation of the design.

13.  Life-cycle cost considerations.

14.  The design to accommodate physically handicapped persons.

15.  The ratio of net to gross square footage.

16.  The proposed construction cost per gross square foot.

17.  Conformity with the Florida Fire Prevention Code.

(c)  The board may not occupy a facility until the project has been inspected to verify compliance with statutes, rules, and codes affecting the health and safety of the occupants. Verification of compliance with rules, statutes, and codes for nonoccupancy projects such as roofing, paving, site improvements, or replacement of equipment may be certified by the architect or engineer of record and verification of compliance for other projects may be made by an inspector certified by the department or certified pursuant to chapter 468 who is not the architect or engineer of record. The board shall maintain a record of the project's completion and permanent archive of phase III construction documents, including any addenda and change orders to the project. The boards shall provide project data to the department, as requested, for purposes and reports needed by the Legislature.

(6)  REVIEW PROCEDURE.--The Commissioner of Education shall cooperate with the Florida Building Commission in addressing all questions, disputes, or interpretations involving the provisions of the Florida Building Code which govern the construction of public educational and ancillary facilities, and any objections to decisions made by the inspectors or the department must be submitted in writing.

(7)  BIENNIAL REVIEW AND UPDATE; DISSEMINATION.--The department shall biennially review and recommend to the Florida Building Commission updates and revisions to the provisions of the Florida Building Code which govern the construction of public educational and ancillary facilities. The department shall publish and make available to each district school board and community college district board of trustees at no cost copies of the state requirements for educational facilities and each amendment and revision thereto. The department shall make additional copies available to all interested persons at a price sufficient to recover costs.

(8)  EDUCATION FACILITIES AS EMERGENCY SHELTERS.--

(a)  The Department of Education shall, in consultation with boards and county and state emergency management offices, include within the standards to be developed under subsection (1) public shelter design criteria that shall be incorporated into the Florida Building Code. The new criteria must be designed to ensure that appropriate core facility areas in new educational facilities can serve as public shelters for emergency management purposes. A facility, or an appropriate core facility area within a facility, for which a design contract is entered into subsequent to the effective date of the inclusion of the public shelter criteria in the code must be built in compliance with the amended code unless the facility or a part thereof is exempted from using the new shelter criteria due to its location, size, or other characteristics by the applicable board with the concurrence of the applicable local emergency management agency or the Department of Community Affairs. Any educational facility located or proposed to be located in an identified category 1, 2, or 3 evacuation zone is not subject to the requirements of this subsection. If the regional planning council region in which the county is located does not have a hurricane evacuation shelter deficit, as determined by the Department of Community Affairs, school districts within the planning council region are not required to incorporate the public shelter criteria into their construction of educational facilities.

(b)  By January 31, 1996, and by January 31 every even-numbered year thereafter, the Department of Community Affairs shall prepare and submit a statewide emergency shelter plan to the Governor and the Cabinet for approval. The plan must identify the general location and square footage of existing shelters, by regional planning council region, and the general location and square footage of needed shelters, by regional planning council region, in the next 5 years. Such plan must identify the types of public facilities which should be constructed to comply with emergency shelter criteria and must recommend an appropriate, adequate, and dedicated source of funding for the additional cost of constructing emergency shelters within these public facilities. After the approval of the plan, a board may not be required to build more emergency shelter space than identified as needed in the plan, and decisions pertaining to exemptions pursuant to paragraph (a) must be guided by the plan.

(9)  LOCAL LEGISLATION PROHIBITED.--After June 30, 1985, pursuant to s. 11(a)(21), Art. III of the State Constitution, there shall not be enacted any special act or general law of local application which proposes to amend, alter, or contravene any provisions of the State Building Code adopted under the authority of this section.

²Note.--Repealed by s. 11, ch. 2000-141.

235.30  Supervision and inspection.--Before the construction, remodeling, renovation, demolition, or addition to, any building is started, the board shall provide for the proper supervision and necessary inspection of the work. Supervisory requirements for threshold buildings shall be provided as prescribed in s. 553.79(5).

History.--s. 930, ch. 19355, 1939; CGL 1940 Supp. 892(316); s. 1, 69-300; s. 16, ch. 77-458; s. 9, ch. 80-414; ss. 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 17, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 95-269.

235.31  Advertising and awarding contracts; prequalification of contractor.--

(1)(a)  As soon as practicable after any bond issue has been voted upon and authorized or funds have been made available for the construction, remodeling, renovation, demolition, or otherwise for the improvement, of any educational or ancillary plant, and after plans for the work have been approved, the board, if competitively bidding the project pursuant to s. 235.211, after advertising the same in the manner prescribed by law or rule, shall award the contract for the building or improvements to the lowest responsible bidder. However, if after taking all deductive alternates, the bid of the lowest responsible bidder exceeds the construction budget for the project established at the phase III submittal, the board may declare an emergency. After stating the reasons why an emergency exists, the board may negotiate the construction contract or modify the contract, including the specifications, with the lowest responsible bidder and, if the contract is modified, shall resubmit the documents to the authorized review authority for review to confirm that the project remains in compliance with building and fire codes. The board may reject all bids received and may readvertise, calling for new bids.

(b)  Each board may declare an emergency pursuant to this subsection. A situation created by fire, storm, or other providential cause resulting in:

1.  Imminent danger to life or safety; or

2.  Overcrowding of students

constitutes an emergency.

(c)  As an option, any county, municipality, community college, or district school board may set aside up to 10 percent of the total amount of funds allocated for the purpose of entering into construction capital project contracts with minority business enterprises, as defined in s. 287.094. Such contracts shall be competitively bid only among minority business enterprises. The set-aside shall be used to redress present effects of past discriminatory practices and shall be subject to periodic reassessment to account for changing needs and circumstances.

(2)  Boards shall prequalify bidders for construction contracts according to rules prescribed by the Commissioner of Education which require the prequalification of bidders of educational facilities construction. Boards shall require that all construction or capital improvement bids be accompanied by evidence that the bidder holds an appropriate certificate or license or that the prime contractor has a current valid license.

(3)  A public agency that is authorized to purchase services for maintenance, repair, and site improvement of facilities on behalf of various agencies of a county must give the school board in that county the option of purchasing those services for educational facilities and ancillary plants under those contracts at the unit prices stated in those contracts. However, the person providing those services under such a contract may, without jeopardizing the contract, refuse to provide the services to the school board. The school board may purchase those services under such a contract only if the purchase is to the economic advantage of the school district and the services conform to the standards and specifications prescribed by rules of the Commissioner of Education and, if applicable, to the requirements of s. 287.055. This subsection does not apply to contracts in existence on July 1, 1994.

History.--s. 931, ch. 19355, 1939; CGL 1940 Supp. 892(317); ss. 1, 2, ch. 57-396; ss. 1, 2, ch. 63-500; s. 119, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 10, ch. 74-374; s. 14, ch. 75-292; s. 16, ch. 77-458; s. 104, ch. 79-400; s. 9, ch. 80-414; ss. 28, 50, 52, ch. 81-223; ss. 11, 14, ch. 82-240; s. 104, ch. 83-217; s. 108, ch. 84-336; s. 1, ch. 84-349; ss. 18, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 6, ch. 89-226; s. 16, ch. 89-278; s. 3, ch. 89-381; s. 7, ch. 94-292; ss. 19, 35, ch. 95-269; s. 3, ch. 95-410; s. 146, ch. 97-190; s. 1, ch. 98-35; s. 11, ch. 99-329.

235.32  Substance of contract; contractors to give bond; penalties.--Each board shall develop contracts consistent with this chapter and statutes governing public facilities. Such a contract must contain the drawings and specifications of the work to be done and the material to be furnished, the time limit in which the construction is to be completed, the time and method by which payments are to be made upon the contract, and the penalty to be paid by the contractor for any failure to comply with the terms of the contract. The board may require the contractor to pay a penalty for any failure to comply with the terms of the contract and may provide an incentive for early completion. Upon accepting a satisfactory bid, the board shall enter into a contract with the party or parties whose bid has been accepted. The contractor shall furnish the board with a performance and payment bond as set forth in s. 255.05. Notwithstanding any other provision of this section, if 25 percent or more of the costs of any construction project is paid out of a trust fund established pursuant to ¹31 U.S.C. s. 1243(a)(1), laborers and mechanics employed by contractors or subcontractors on such construction will be paid wages not less than those prevailing on similar construction projects in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. A person, firm, or corporation that constructs any part of any educational plant, or addition thereto, on the basis of any unapproved plans or in violation of any plans approved in accordance with the provisions of this chapter and rules of the Commissioner of Education relating to building standards or specifications is subject to forfeiture of bond and unpaid compensation in an amount sufficient to reimburse the board for any costs that will need to be incurred in making any changes necessary to assure that all requirements are met and is also guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for each separate violation.

History.--s. 932, ch. 19355, 1939; CGL 1940 Supp. 892(318); s. 4, ch. 21989, 1943; s. 13, ch. 29754, 1955; s. 120, ch. 65-239; s. 1, ch. 69-300; s. 141, ch. 71-136; s. 11, ch. 74-374; s. 17, ch. 77-458; s. 2, ch. 79-14; s. 1, ch. 80-81; s. 9, ch. 80-414; ss. 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 19, 26, 27, ch. 85-116; s. 1, ch. 85-130; ss. 1, 4, ch. 86-1; s. 8, ch. 94-292; s. 35, ch. 95-269; s. 147, ch. 97-190.

¹Note.--This section no longer exists at this location.

235.321  Changes in construction requirements after award of contract.--The board may, at its option and by written policy duly adopted and entered in its official minutes, authorize the superintendent or president or other designated individual to approve change orders in the name of the board for preestablished amounts. Approvals shall be for the purpose of expediting the work in progress and shall be reported to the board and entered in its official minutes. For accountability, the school district shall monitor and report the impact of change orders on its district facilities work program pursuant to s. 235.185.

History.--s. 14, ch. 29754, 1955; ss. 15, 35, ch. 69-106; s. 110, ch. 72-221; s. 17, ch. 77-458; s. 9, ch. 80-414; ss. 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 9, ch. 94-292; ss. 20, 35, ch. 95-269; s. 14, ch. 97-384.

235.3215  Toxic substances in construction, repair, or maintenance of public school facilities.--

(1)  All toxic substances enumerated in the Florida Substance List established pursuant to ¹s. 442.103 that are to be used in the construction, repair, or maintenance of educational facilities are restricted to usage according to the following provisions:

(a)  Before any such substance may be used, the contractor shall notify the district superintendent in writing at least three working days prior to using the substance. The notification shall contain:

1.  The name of the substance to be used;

2.  Where the substance is to be used; and

3.  When the substance is to be used.

There shall be attached to the notification a copy of a material safety data sheet as defined in ¹s. 442.102 for each such substance.

(b)  The district superintendent shall take all reasonable actions to ensure that the contractor complies with the safety precautions and handling instructions set forth in the material safety data sheet for each substance used by the contractor so that usage of the substance poses no threat to the health and safety of students, school personnel, and the general public.

(2)  This section shall not be construed to impair the validity of obligations under contracts in existence on June 30, 1987.

History.--s. 7, ch. 87-202.

¹Note.--Repealed by s. 14, ch. 99-240.

235.33  Payments.--

(1)  The final payment to the contractor shall not be made until the construction project has been inspected by the architect or other person designated by the board for that purpose and until he or she has issued a written certificate that the project has been constructed in accordance with the approved plans and specifications and approved change orders and until the board, acting on these recommendations, has accepted the project. After acceptance by the board, a duplicate copy of this written certificate, duly certified as having been accepted by the board, as well as other related data on contract costs and total costs per student station, space inventory update, and other related building information must be filed with the department for budget and cost reporting purposes.

(2)  Boards shall have full authority and responsibility for all decisions regarding educational and ancillary plant construction contracts, change orders, and payments.

History.--s. 933, ch. 19355, 1939; CGL 1940 Supp. 892(319); s. 1, ch. 28207, 1953; s. 15, ch. 29754, 1955; s. 6, ch. 59-339; s. 121, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; ss. 2, 3, ch. 76-4; s. 18, ch. 77-458; s. 9, ch. 80-414; ss. 29, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 20, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1301, ch. 95-147; ss. 21, 35, ch. 95-269; s. 31, ch. 97-384.

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.

235.40  Radio and television facilities.--

(1)  A board, including the Board of Regents, may acquire, by purchase, permanent easement, or gift, suitable lands and other facilities, either within or without the boundaries of the district, for use in providing educational radio or television transmitting sites and may erect such buildings, antennas, transmission equipment, towers, or other structures as are necessary to accomplish the purposes of this section.

(2)  Fixed capital outlay budget requests for public broadcasting stations and instructional television and radio facilities shall be submitted pursuant to s. 235.41. The commissioner may include any recommendations for these purposes in the legislative budget request for fixed capital outlay.

History.--s. 3, ch. 63-221; s. 1, ch. 69-300; s. 20, ch. 77-458; s. 3, ch. 78-428; s. 106, ch. 79-190; s. 9, ch. 80-414; ss. 31, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 95-269.

¹235.41  Legislative capital outlay budget request.--

(1)  The commissioner shall develop a procedure deemed appropriate in arriving at the amounts required to fund projects as reflected in the integrated, comprehensive budget request required by this section. The official estimates for funds accruing to the Public Education Capital Outlay and Debt Service Trust Fund made by the revenue estimating conference shall be used in determining the budget request pursuant to this section. The commissioner, in consultation with the appropriations committees of the Legislature, shall provide annually to the State Board of Community Colleges and the Board of Regents an estimate of funds that shall be utilized by the boards in developing their required 3-year priority lists pursuant to s. 235.435.

(2)  The commissioner shall submit to the Governor and to the Legislature an integrated, comprehensive budget request for educational facilities construction and fixed capital outlay needs for all boards, including the Board of Regents, pursuant to the provisions of s. 235.435 and applicable provisions of chapter 216. Each board, including the Board of Regents, shall submit to the commissioner a 3-year plan and data required in the development of the annual capital outlay budget. No further disbursements shall be made from the Public Education Capital Outlay and Debt Service Trust Fund to a board that fails to timely submit the required data until such board submits the data.

(3)  The commissioner shall submit an integrated, comprehensive budget request to the Executive Office of the Governor and to the Legislature each fiscal year by the submission date specified in s. 216.023(1). Notwithstanding the provisions of s. 216.043, the integrated, comprehensive budget request shall include:

(a)  Recommendations for the priority of expenditure of funds in the state system of public education, with reasons for the recommended priorities, and other recommendations which relate to the effectiveness of the educational facilities construction program.

(b)  All items in s. 235.435.

History.--s. 12, ch. 74-374; s. 6, ch. 75-292; s. 2, ch. 76-280; s. 21, ch. 77-458; s. 107, ch. 79-190; s. 9, ch. 80-414; ss. 32, 50, ch. 81-223; s. 22, ch. 85-116; s. 1, ch. 86-1; s. 1, ch. 87-122; s. 47, ch. 87-329; s. 66, ch. 87-548; s. 62, ch. 91-45; s. 10, ch. 94-292; s. 22, ch. 95-269; s. 32, ch. 97-384; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹235.42  Educational and ancillary plant construction funds; Public Education Capital Outlay and Debt Service Trust Fund; allocation of funds.--

(1)  The commissioner, through the department, shall administer the Public Education Capital Outlay and Debt Service Trust Fund. The commissioner shall allocate or reallocate funds as authorized by the Legislature. Copies of each allocation or reallocation shall be provided to members of the State Board of Education and to the chairs of the House of Representatives and Senate appropriations committees. The commissioner shall provide for timely encumbrances of funds for duly authorized projects. Encumbrances may include proceeds to be received under a resolution approved by the State Board of Education authorizing the issuance of public education capital outlay bonds pursuant to s. 9(a)(2), Art. XII of the State Constitution, s. 215.61, and other applicable law. The commissioner shall provide for the timely disbursement of moneys necessary to meet the encumbrance authorizations of the boards, including the Board of Regents. Records shall be maintained by the department to identify legislative appropriations, allocations, encumbrance authorizations, disbursements, transfers, investments, sinking funds, and revenue receipts by source. The Department of Education shall pay the administrative costs of the Public Education Capital Outlay and Debt Service Trust Fund from the funds which comprise the trust fund.

(2)(a)  The Public Education Capital Outlay and Debt Service Trust Fund shall be comprised of the following sources, which are hereby appropriated to the trust fund:

1.  Proceeds, premiums, and accrued interest from the sale of public education bonds and that portion of the revenues accruing from the gross receipts tax as provided by s. 9(a)(2), Art. XII of the State Constitution, as amended, interest on investments, and federal interest subsidies.

2.  General revenue funds appropriated to the fund for educational capital outlay purposes.

3.  All capital outlay funds previously appropriated and certified forward pursuant to s. 216.301.

(b)  Any funds required by law to be segregated or maintained in separate accounts shall be segregated or maintained in such manner that the relationship between program and revenue source is retained. Nothing in this subsection shall be construed so as to limit the use by the Public Education Capital Outlay and Debt Service Trust Fund of the resources of funds so segregated or maintained.

(3)  Upon the request of each board, including the Board of Regents, the department shall distribute to the board an amount sufficient to cover capital outlay disbursements anticipated from encumbrance authorizations for the following month. For projects costing in excess of $50,000, contracts shall be approved and signed before any disbursements are authorized.

(4)  The department may authorize each board to enter into contracts for a period exceeding 1 year, within amounts appropriated and budgeted for fixed capital outlay needs; but any contract so made shall be executory only for the value of the services to be rendered, or agreed to be paid for, in succeeding fiscal years. This subsection shall be incorporated verbatim in all executory contracts of a board.

(5)  No board shall, during any fiscal year, expend any money, incur any liability, or enter into any contract which, by its terms, involves expenditure of money in excess of the amounts appropriated and budgeted or in excess of the cash that will be available to meet the disbursement requirements. Prior to entering into an executory, or any other, contract, a board shall obtain certification from the department that moneys will be available to meet the disbursement requirements. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no payment shall be made thereon.

(6)  The State Board of Administration is authorized to invest the trust funds of any state-supported retirement system, and any other state funds available for loans, to the trust fund at a rate of interest that is no less favorable than would have been received had such moneys been invested in accordance with authorized practices.

(7)  Boards and entities authorized to participate in the trust fund are district school boards, the community college district boards of trustees, the Trustees of the Florida School for the Deaf and the Blind, the Board of Regents, and other units of the state system of public education, and other educational entities defined in s. 228.041 for which funds are authorized by the Legislature.

(8)  The department shall make a monthly report, by project, of requests for encumbrance authorization from each agency. Each project shall be tracked in the following manner:

(a)  The date the request is received;

(b)  The anticipated encumbrance date requested by the agency;

(c)  The date the project is eligible for encumbrance authorization; and

(d)  The date the encumbrance authorization is issued.

(9)  The department shall make a monthly report:

(a)  Showing the amount of cash disbursed to the agency from each appropriated allocation and the amount of cash disbursed by the agency to vendors or contractors from each appropriated allocation, by month.

(b)  Showing updated adjustments to the budget fiscal year forecast for appropriations, encumbrances, disbursements, and cash available for encumbrance status.

History.--s. 13, ch. 74-374; s. 7, ch. 75-292; s. 3, ch. 76-280; s. 1, ch. 77-174; s. 21, ch. 77-458; s. 108, ch. 79-190; s. 33, ch. 81-223; s. 140, ch. 81-259; ss. 12, 14, ch. 82-240; s. 106, ch. 83-217; ss. 23, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1, ch. 92-123; s. 11, ch. 94-292; s. 1546, ch. 95-147; ss. 23, 35, ch. 95-269; s. 3, ch. 98-206; s. 3, ch. 99-374; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

235.4235  Financing of approved capital projects.--

(1)  Capital projects are to be financed in accordance with s. 9(a)(2), Art. XII of the State Constitution, as amended, or from other legally available state funds or grants, donations, or matching funds, or by a combination of such funds.

(2)  The sum designated annually by the Legislature is the maximum sum to be expended from funds accruing under s. 9(a)(2), Art. XII of the State Constitution, as amended, and from funds accruing under s. 235.42(2). However, funds appropriated from this source and remaining unexpended from previously authorized capital projects, along with grants, donations, and matching funds from other sources, may be added to such maximum sums for any item or category.

(3)  No transfers between appropriations shall be made without prior approval under the provisions of chapter 216.

(4)  To the extent that appropriations authority for entitlements from previous years was used for advanced funding, that authority is hereby restored to the projects for which appropriations were made by the Legislature in those previous years.

History.--s. 8, ch. 76-280; s. 1, ch. 77-174; s. 22, ch. 77-458; s. 105, ch. 79-400; s. 34, ch. 81-223; s. 1, ch. 86-1; s. 79, ch. 92-142; s. 12, ch. 94-292.

235.435  Funds for comprehensive educational plant needs; construction cost maximums for school district capital projects.--Allocations from the Public Education Capital Outlay and Debt Service Trust Fund to the various boards for capital outlay projects shall be determined as follows:

(1)(a)  Funds for remodeling, renovation, maintenance, repairs, and site improvement for existing satisfactory facilities shall be given priority consideration by the Legislature for appropriations allocated to the boards, including the Board of Regents, from the total amount of the Public Education Capital Outlay and Debt Service Trust Fund appropriated. These funds shall be calculated pursuant to the following basic formula: the building value times the building age over the sum of the years' digits assuming a 50-year building life. For relocatable facilities, a 20-year life shall be used. "Building value" is calculated by multiplying each building's total assignable square feet times the appropriate net-to-gross conversion rate found in state board rules and that product times the current average new construction cost. "Building age" is calculated by multiplying the prior year's building age times 1 minus the prior year's sum received from this subsection divided by the prior year's building value. To the net result shall be added the number 1. Each board shall receive the percentage generated by the preceding formula of the total amount appropriated for the purposes of this section.

(b)  Each board, including the Board of Regents, shall not use the funds received pursuant to this section to supplant funds in the current fiscal year approved operating budget, and all budgeted funds shall be expended at a rate not less than would have been expended had the funds under this section not been received.

(c)  Each remodeling, renovation, maintenance, repair, or site improvement project will expand or upgrade current educational plants to prolong the useful life of the plant.

(d)  Each board, including the Board of Regents, shall maintain fund accounting in a manner which will permit a detailed audit of the funds expended in this program.

(e)  Remodeling projects shall be based on the recommendations of a survey pursuant to s. 235.15.

(f)  At least one-tenth of a board's annual allocation provided under this section shall be spent to correct unsafe, unhealthy, or unsanitary conditions in its educational facilities, as required by s. 235.06, or a lesser amount sufficient to correct all deficiencies cited in its annual comprehensive safety inspection reports. This paragraph shall not be construed to limit the amount a board may expend to correct such deficiencies.

(g)  When an existing educational plant is determined to be unsatisfactory pursuant to the survey conducted under s. 235.15, the board may, by resolution, designate the plant as a historic educational facility and may use funds generated for renovation and remodeling pursuant to this section to restore the facility for use by the board. The board shall agree to pay renovation and remodeling costs in excess of funds which such facility would have generated through the depreciation formula in paragraph (a) had the facility been determined to be satisfactory. The board shall further agree that the plant shall continue to house students. The board may designate a plant as a historic educational facility only if the Division of Historical Resources of the Department of State or the appropriate historic preservation board under chapter 266 certifies that:

1.  The plant is listed or determined eligible for listing in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended, 16 U.S.C. s. 470;

2.  The plant is designated historic within a certified local district pursuant to s. 48(g)(3)(B)(ii) of the Internal Revenue Code; or

3.  The division or historic preservation board otherwise finds that the plant is historically significant.

(h)  The Board of Regents may utilize funds appropriated pursuant to this section for replacement of minor facilities provided that such projects do not exceed $500,000 in cost or 5,000 gross square feet in size. Minor facilities may not be replaced from funds provided pursuant to this section unless the Board of Regents determines that the cost of repair or renovation is greater than or equal to the cost of replacement.

(2)(a)  The department shall establish, as a part of the Public Education Capital Outlay and Debt Service Trust Fund, a separate account, in an amount determined by the Legislature, to be known as the "Special Facility Construction Account." The Special Facility Construction Account shall be used to provide necessary construction funds to school districts which have urgent construction needs but which lack sufficient resources at present, and cannot reasonably anticipate sufficient resources within the period of the next 3 years, for these purposes from currently authorized sources of capital outlay revenue. A school district requesting funding from the Special Facility Construction Account shall submit one specific construction project, not to exceed one complete educational plant, to the Special Facility Construction Committee. No district shall receive funding for more than one approved project in any 3-year period. The first year of the 3-year period shall be the first year a district receives an appropriation. The department shall encourage a construction program that reduces the average size of schools in the district. The request must meet the following criteria to be considered by the committee:

1.  The project must be deemed a critical need and must be recommended for funding by the Special Facility Construction Committee. Prior to developing plans for the proposed facility, the district school board must request a preapplication review by the Special Facility Construction Committee or a project review subcommittee convened by the committee to include two representatives of the department and two staff from school districts other than the district submitting the project. Within 60 days after receiving the preapplication review request, the committee or subcommittee must meet in the school district to review the project proposal and existing facilities. To determine whether the proposed project is a critical need, the committee or subcommittee shall consider, at a mimimum, the capacity of all existing facilities within the district as determined by the Florida Inventory of School Houses; the district's pattern of student growth; the district's existing and projected capital outlay full-time equivalent student enrollment as determined by the department; the district's existing satisfactory student stations; the use of all existing district property and facilities; grade level configurations; and any other information that may affect the need for the proposed project.

2.  The construction project must be recommended in the most recent survey or surveys by the district under the rules of the State Board of Education.

3.  The construction project must appear on the district's approved project priority list under the rules of the State Board of Education.

4.  The district must have selected and had approved a site for the construction project in compliance with s. 235.19 and the rules of the State Board of Education.

5.  The district shall have developed a school board adopted list of facilities that do not exceed the norm for net square feet occupancy requirements under the State Requirements for Educational Facilities, using all possible programmatic combinations for multiple use of space to obtain maximum daily use of all spaces within the facility under consideration.

6.  Upon construction, the total cost per student station, including change orders, must not exceed the cost per student station as provided in subsection (6).

7.  There shall be an agreement signed by the district school board stating that it will advertise for bids within 30 days of receipt of its encumbrance authorization from the department.

8.  The district shall, at the time of the request and for a continuing period of 3 years, levy the maximum millage against their nonexempt assessed property value as allowed in s. 236.25(2). Effective July 1, 1991, any district with a new or active project, funded under the provisions of this subsection, shall be required to budget no more than the value of 1.5 mills per year to the project to satisfy the annual participation requirement in the Special Facility Construction Account.

9.  If a contract has not been signed 90 days after the advertising of bids, the funding for the specific project shall revert to the Special Facility New Construction Account to be reallocated to other projects on the list. However, an additional 90 days may be granted by the commissioner.

10.  The department shall certify the inability of the district to fund the survey-recommended project over a continuous 3-year period using projected capital outlay revenue derived from s. 9(d), Art. XII of the State Constitution, as amended, paragraph (3)(a) of this section, and s. 236.25(2).

11.  The district shall have on file with the department an adopted resolution acknowledging its 3-year commitment of all unencumbered and future revenue acquired from s. 9(d), Art. XII of the State Constitution, as amended, paragraph (3)(a) of this section, and s. 236.25(2).

12.  Final phase III plans must be certified by the board as complete and in compliance with the building and life safety codes prior to August 1.

(b)  The Special Facility Construction Committee shall be composed of the following: two representatives of the Department of Education, a representative from the Governor's office, a representative selected annually by the district school boards, and a representative selected annually by the superintendents.

(c)  The committee shall review the requests submitted from the districts, evaluate the ability of the project to relieve critical needs, and rank the requests in priority order. This statewide priority list for special facilities construction shall be submitted to the Legislature in the commissioner's annual capital outlay legislative budget request at least 45 days prior to the legislative session.

(3)(a)  Each district school board shall receive an amount from the Public Education Capital Outlay and Debt Service Trust Fund to be calculated by computing the capital outlay full-time equivalent membership as determined by the department. Such membership must include, but is not limited to:

1.  K-12 students, except hospital and homebound part-time students; and

2.  Students who are workforce development education students, and adult disabled students and who are enrolled in school district technical centers. The capital outlay full-time equivalent membership shall be determined for kindergarten through the 12th grade and for vocational-technical centers by averaging the unweighted full-time equivalent student membership for the second and third surveys and comparing the results on a school-by-school basis with the Florida Inventory for School Houses. The capital outlay full-time equivalent membership by grade level organization shall be used in making the following calculations: The capital outlay full-time equivalent membership by grade level organization for the 1981-1982 fiscal year shall be computed as the base year. The capital outlay full-time equivalent membership by grade level organization for the 1984-1985 fiscal year shall be computed with the positive increase over the base year constituting growth. From the total amount appropriated by the Legislature pursuant to this subsection, 40 percent shall be allocated among the base capital outlay full-time equivalent membership and 60 percent among the growth capital outlay full-time equivalent membership. The allocation within each of these groups shall be prorated to the districts based upon each district's percentage of base and growth capital outlay full-time membership. The most recent 4-year capital outlay full-time equivalent membership data shall be used in each subsequent year's calculation for the allocation of funds pursuant to this subsection. If the growth capital outlay full-time equivalent membership for a district declines in any year used in their calculation after the initial allocation pursuant to this subsection, no allocation for growth capital outlay full-time equivalent membership shall be made for any subsequent year until the number of capital outlay full-time equivalent membership has exceeded the number for which an allocation has already been made. If a change, correction, or recomputation of data during any year results in a reduction or increase of the calculated amount previously allocated to a district, the allocation to that district shall be adjusted correspondingly. If such recomputation results in an increase or decrease of the calculated amount, such additional or reduced amounts shall be added to or reduced from the district's future appropriations. However, no change, correction, or recomputation of data shall be made subsequent to 2 years following the initial annual allocation.

(b)  Funds accruing to a district school board from the provisions of this section shall be expended on needed projects as shown by survey or surveys under the rules of the State Board of Education.

(c)  A district school board may lease relocatable educational facilities for up to 3 years using nonbonded PECO funds and for any time period using local capital outlay millage.

(d)  Funds distributed to the district school boards shall be allocated solely based on the provisions of paragraphs (1)(a) and (2)(a) and paragraph (a) of this subsection. No individual school district projects shall be funded off the top of funds allocated to district school boards.

(4)(a)  The boards of trustees of the community colleges and the Board of Regents of the State University System shall receive funds for projects based on a 3-year priority list, to be updated annually, which is submitted to the Legislature in the legislative budget request at least 45 days prior to the legislative session. The State Board of Community Colleges shall submit a 3-year priority list for the entire Florida Community College System. The Board of Regents shall submit a 3-year priority list for the entire State University System. The lists shall reflect decisions by the boards concerning program priorities that implement the statewide plan for program growth and quality improvement in education. No remodeling or renovation project shall be included on the 3-year priority list unless the project has been recommended pursuant to s. 235.15 or is for the purpose of correcting health and safety deficiencies. No new construction project shall be included on the first year of the 3-year priority list unless the educational specifications have been approved by the Chancellor for university projects or by the Division of Community Colleges for community college projects. The funds requested for a new construction project in the first year of the 3-year priority list shall be in conformance with the scope of the project as defined in the educational specifications. Any new construction project requested in the first year of the 3-year priority list which is not funded by the Legislature shall be carried forward to be listed first in developing the updated 3-year priority list for the subsequent year's capital outlay budget. Should the order of the priority of the projects change from year to year, a justification for such change shall be included with the updated priority list.

(b)  The boards of trustees of the community colleges and the Board of Regents of the State University System may lease relocatable educational facilities for up to 3 years using nonbonded PECO funds.

(c)  The boards of trustees of the community colleges and the Board of Regents shall receive funds for remodeling, renovation, maintenance and repairs, and site improvement for existing satisfactory facilities pursuant to subsection (1).

(5)  District school boards shall identify each fund source and the use of each proportionate to the project cost, as identified in the bid document, to assure compliance with this section. The data shall be submitted to the department, which shall track this information as submitted by the boards. PECO funds shall not be expended as indicated in the following:

(a)  District school boards shall provide landscaping by local funding sources or initiatives. District school boards are exempt from local landscape ordinances but may comply with the local requirements if such compliance is less costly than compliance with the landscape requirements of the State Uniform Building Code for Public Educational Facilities.

(b)  PECO funds shall not be used for the construction of football fields, bleachers, site lighting for athletic facilities, tennis courts, stadiums, racquetball courts, or any other competition-type facilities not required for physical education curriculum. Regional or intradistrict football stadiums may be constructed with these funds provided a minimum of two high schools and two middle schools are assigned to the facility and the stadiums are survey recommended. Sophisticated auditoria shall be limited to magnet performing arts schools, with all other schools using basic lighting and sound systems as determined by rule. Local funds shall be used for enhancement of athletic and performing arts facilities.

(6)(a)  Each district school board must meet all educational plant space needs of its elementary, middle, and high schools before spending funds from the Public Education Capital Outlay and Debt Service Trust Fund or the School District and Community College District Capital Outlay and Debt Service Trust Fund for any ancillary plant or any other new construction, renovation, or remodeling of ancillary space. Expenditures to meet such space needs may include expenditures for site acquisition; new construction of educational plants; renovation, remodeling, and maintenance and repair of existing educational plants, including auxiliary facilities; and the directly related costs of such services of school district personnel. It is not the intent of the Legislature to preclude the use of capital outlay funding for the labor costs necessary to accomplish the authorized uses for the capital outlay funding. Day-labor contracts or any other educational facilities contracting and construction techniques pursuant to s. 235.211 are authorized. Additionally, if a school district has salaried maintenance staff whose duties consist solely of performing the labor necessary to accomplish the authorized uses for the capital outlay funding, such funding may be used for those salaries; however, if a school district has salaried staff whose duties consist partially of performing the labor necessary to accomplish the authorized uses for the capital outlay funding, the district shall prorate the portion of salary of each such employee that is based on labor for authorized capital outlay funding, and such funding may be used to pay that portion.

(b)1.  Unless granted a waiver under s. 235.4351, a district school board must not use funds from the Public Education Capital Outlay and Debt Service Trust Fund or the School District and Community College District Capital Outlay and Debt Service Trust Fund for any new construction of educational plant space with a total cost per student station, including change orders, that equals more than:

a.  $11,600 for an elementary school,

b.  $13,300 for a middle school, or

c.  $17,600 for a high school,

(1997) as adjusted annually by the Consumer Price Index. Upon request by a district school board pursuant to s. 235.4351, the Commissioner of Education may waive for a specific project the provisions of this paragraph which limit total cost per student station if the commissioner is satisfied that the requested waiver is justified. If the district school board does not receive a waiver from the cost limits set by this subsection, operating funds must be used to pay any part of the total construction cost, including costs resulting from change orders, which exceeds the expenditure limits of this subsection.

2.  A district school board must not use funds from the Public Education Capital Outlay and Debt Service Trust Fund or the School District and Community College District Capital Outlay and Debt Service Trust Fund for any new construction of an ancillary plant that exceeds 70 percent of the average cost per square foot of new construction for all schools.

(c)  Except as otherwise provided, new construction initiated by a district school board after June 30, 1997, must not exceed the cost per student station as provided in paragraph (b).

(d)  The department shall compute for each calendar year the statewide average construction costs for facilities serving each instructional level, for relocatable educational facilities, for administrative facilities, and for other ancillary and auxiliary facilities. The department shall compute the statewide average costs per student station for each instructional level. Cost per student station includes contract costs, legal and administrative costs, fees of architects and engineers, furniture and equipment, and site improvement costs. Cost per student station does not include the cost of purchasing or leasing the site for the construction or the cost of related offsite improvements.

(e)  The restrictions of this subsection on the cost per student station of new construction do not apply to a project funded entirely from proceeds received by districts through provisions of ss. 212.055, 236.31, and 236.32 and s. 9, Art. VII of the State Constitution, if the school board approves the project by majority vote.

(7)(a)  The Department of Education shall establish, beginning with the 1992-1993 fiscal year, as a part of the Public Education Capital Outlay and Debt Service Trust Fund, a separate account to be known as the Increased Utilization Account in an amount each year not to exceed 5 percent of the total funds appropriated under the provisions of paragraph (3)(a). These funds shall be allocated by the commissioner to any public school district according to the following formula: Any eligible school that increases its FTE facility capacity by at least 20 percent as a result of using the modified school calendar shall receive up to a maximum of $100 per total FTE generated within the school.

(b)  To be eligible, the district school board must submit a resolution prior to August 1 of each fiscal year, beginning August 1, 1992, of its intent to participate in the Increased Utilization Account and listing each of the schools eligible during the prior fiscal year, with the first year being 1991-1992. The information listed for each school must include the maximum FTE capacity for the year as contained in the Florida inventory of school houses in the Office of Educational Facilities, and the increase attributable to the modified school calendar. To be eligible, each individual school FTE must exceed the maximum facility capacity during the fiscal year by at least 20 percent.

(c)  Each school district qualifying for funding under this subsection may be paid up to $100 per total FTE per eligible school site for a maximum of 5 years for each eligible school provided that funds are available. If funds are insufficient during any fiscal year, the commissioner shall determine the pro rata amount.

(d)  Funds received by a school district from the Increased Utilization Account shall be exempt from repayment of any project outstanding pursuant to the provisions of subsection (2).

(e)  Funds accruing to a district school board from the provisions of this subsection shall be expended on needed projects as shown by survey or surveys under the rules of the state board.

(f)  For the purpose of implementing the provisions of this subsection, "modified school calendar" means an extended school week or an extended school year. Overcrowding of a school or double sessions do not apply.

History.--s. 7, ch. 73-345; s. 28, ch. 74-227; s. 16, ch. 74-374; s. 12, ch. 75-292; s. 4, ch. 76-280; s. 1, ch. 77-174; s. 4, ch. 77-320; s. 24, ch. 77-458; s. 4, ch. 78-428; s. 51, ch. 79-164; ss. 14, 16, ch. 79-385; s. 7, ch. 80-378; s. 9, ch. 80-414; ss. 35, 50, 52, ch. 81-223; ss. 3, 5, ch. 82-137; ss. 7, 14, ch. 82-240; s. 2, ch. 83-208; s. 107, ch. 83-217; ss. 13, 37, ch. 83-326; ss. 1, 3, ch. 84-349; ss. 24, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 19, ch. 86-225; s. 2, ch. 87-122; s. 6, ch. 87-284; s. 47, ch. 87-329; s. 2, ch. 88-352; ss. 7, 8, ch. 89-226; s. 2, ch. 89-244; s. 17, ch. 89-278; ss. 12, 18, ch. 90-241; s. 1, ch. 91-153; s. 2, ch. 92-95; s. 48, ch. 92-136; s. 13, ch. 94-292; ss. 24, 35, ch. 95-269; s. 7, ch. 97-265; s. 15, ch. 97-307; s. 33, ch. 97-384; s. 105, ch. 99-2.

Note.--Former s. 236.084.

235.4351  Waivers from certain requirements.--The commissioner may adopt standards, by rule, for the provision of waivers from the requirements of this chapter relating to plant surveys, need projections, and cost ceilings. Special consideration for waiver shall be given to:

(1)  Projects of school districts for which no state money is spent.

(2)  Projects of school districts that certify that all of the district's educational plant space needs for the next 5 years can be met from:

(a)  Capital outlay sources that the district reasonably expects to receive during the next 5 years; or

(b)  Alternative scheduling or construction, leasing, rezoning, or technological methodologies exhibiting sound management.

The commissioner shall report annually to the Legislature and the Governor, by January 1, the prior year's waivers granted under this section.

History.--s. 34, ch. 97-384.

235.44  Multiyear capital improvement contracts.--Any provision of chapters 236 and 237 to the contrary notwithstanding, school districts are authorized to award capital improvement contracts involving expenditures to be incurred for a period of more than 1 year on the basis of voter-authorized and unissued general obligation bonding authority, provided that sufficient funds are available to, and budgeted by, the school district to pay actual disbursements during any fiscal year.

History.--ss. 20, 21, ch. 90-241; s. 35, ch. 95-269.