The Florida Senate

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.

¹(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 minimum, 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) or shall raise an equivalent amount of revenue from the school capital outlay surtax authorized under s. 212.055(6). 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; s. 1, ch. 2001-41.

¹Note.--Section 2, ch. 2001-41, provides that "[a]ny special facility construction project for which phase III plans were certified by August 1, 2000, as complete and in compliance with the building and life safety codes as required by s. 235.435(2)(a)12., Florida Statutes, is eligible for funding under s. 235.435(2), Florida Statutes, as amended by this act, if otherwise qualified, beginning July 1, 2001. This section is repealed October 1, 2002."

Note.--Former s. 236.084.