Senate Bill 2154
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Florida Senate - 1998 SB 2154
By Senator Clary
7-1052-98
1 A bill to be entitled
2 An act relating to education; amending s.
3 20.15, F.S.; creating additional divisions of
4 the Department of Education; amending s.
5 229.79, F.S.; amending provisions relating to
6 suppliers who supply commodities and services
7 to schools in this state; amending s. 235.014,
8 F.S.; amending functions of the department
9 relating to educational and ancillary
10 facilities and plants; amending s. 235.212,
11 F.S.; amending provisions relating to
12 requirements for placing operable glazing in
13 educational facilities; amending s. 235.31,
14 F.S.; allowing an authorized review authority
15 other than the department to review certain
16 documents to confirm that certain projects are
17 in compliance with building and fire codes;
18 amending s. 235.4351, F.S.; allowing certain
19 school projects to receive special
20 consideration for waivers from specified
21 requirements of ch. 235, F.S.; amending s.
22 404.056, F.S.; amending requirements for
23 mandatory testing to determine the level of
24 indoor radon in certain school buildings and at
25 certain school sites; amending s. 486.607,
26 F.S.; requiring persons who act as inspectors
27 and plans examiners under s. 235.26, F.S., to
28 obtain certificates under part XII of ch. 468,
29 F.S., but only after their UBCI certification
30 expires; providing an effective date.
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Florida Senate - 1998 SB 2154
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (3) of section 20.15, Florida
4 Statutes, is amended to read:
5 20.15 Department of Education.--There is created a
6 Department of Education.
7 (3) DIVISIONS.--
8 (a) The following divisions of the Department of
9 Education are established:
10 1. Division of Community Colleges.
11 2. Division of Public Schools and Community Education.
12 3. Division of Universities.
13 4. Division of Workforce Development.
14 5. Division of Human Resource Development.
15 6. Division of Administration.
16 7. Division of Financial Services.
17 8. Division of Support Services.
18 (b) The Commissioner of Education is authorized to
19 establish within the Department of Education a Division of
20 Administration.
21 Section 2. Section 229.79, Florida Statutes, is
22 amended to read:
23 229.79 Special services of the department; pooling of
24 purchases by school boards.--The Department of Education shall
25 render such special services as will be of benefit to the
26 schools of the state. As one phase of these services it shall
27 assist school boards in securing school buses, services,
28 contractual needs, equipment, and supplies at as reasonable
29 prices as possible by providing a plan under which school
30 boards may voluntarily pool their bids for such purchases. The
31 Department of Education shall prepare bid forms and
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Florida Senate - 1998 SB 2154
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1 specifications, obtain quotations of prices and make such
2 information available to school boards in order to facilitate
3 this service. School boards from time to time, as prescribed
4 by the state board, shall furnish the Department of Education
5 with information concerning the prices paid for such items and
6 the Department of Education shall furnish to school boards
7 periodic information concerning the lowest prices at which
8 school buses, services, equipment, and school supplies are
9 available based upon comparable specifications. Suppliers may
10 make such commodities and services available to other
11 governmental agencies and nonprofit organizations under
12 contracts approved by the Department of Education. If the
13 Department of Education determines that it is in the best
14 interest of the school boards, contracts authorized under this
15 section may be awarded to multiple suppliers.
16 Section 3. Subsection (9) of section 235.014, Florida
17 Statutes, is amended to read:
18 235.014 Functions of the department.--The functions of
19 the department shall include, but not be limited to, the
20 following; it shall:
21 (9)(a) Make available, to boards, including the Board
22 of Regents, to local governments, to state agencies, to
23 building-industry groups, and to others as requested,
24 technical assistance, awareness training, and research and
25 technical publications relating to lifesafety, casualty,
26 sanitation, environmental, maintenance, and custodial issues;
27 and, as needed, technical assistance for survey, planning,
28 design, construction, operation, and evaluation of educational
29 and ancillary facilities and plants, facilities administrative
30 procedures review, and training for new administrators.
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Florida Senate - 1998 SB 2154
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1 (b) Upon request, provide post-occupancy evaluations
2 of facilities, including an evaluation of user response to a
3 facility, program accommodations, safety, and other important
4 features.
5 Section 4. Paragraph (a) of subsection (1) of section
6 235.212, Florida Statutes, is amended to read:
7 235.212 Low-energy use design; solar energy systems;
8 swimming pool heaters.--
9 (1)(a) Passive design elements and low-energy usage
10 features shall be included in the design and construction of
11 new educational facilities. Operable glazing consisting of at
12 least 5 percent of the floor area or reduced operable window
13 areas in combination with the use of ceiling fans or attic
14 fans must shall be placed in each classroom located on the
15 perimeter of the building, so as to allow the facility to be
16 used without operating the air-conditioning or heat when
17 ambient conditions are moderate. Operable glazing is not
18 required except in auxiliary facilities, music rooms, gyms,
19 locker and shower rooms, special laboratories requiring
20 special climate control, and large group instruction areas
21 having a capacity of more than 100 persons.
22 Section 5. Paragraph (a) of subsection (1) of section
23 235.31, Florida Statutes, is amended to read:
24 235.31 Advertising and awarding contracts;
25 prequalification of contractor.--
26 (1)(a) As soon as practicable after any bond issue has
27 been voted upon and authorized or funds have been made
28 available for the construction, remodeling, renovation,
29 demolition, or otherwise for the improvement, of any
30 educational or ancillary plant, and after plans for the work
31 have been approved, the board, if competitively bidding the
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Florida Senate - 1998 SB 2154
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1 project pursuant to s. 235.211, after advertising the same in
2 the manner prescribed by law or rule, shall award the contract
3 for the building or improvements to the lowest responsible
4 bidder. However, if after taking all deductive alternates,
5 the bid of the lowest responsible bidder exceeds the
6 construction budget for the project established at the phase
7 III submittal, the board may declare an emergency. After
8 stating the reasons why an emergency exists, the board may
9 negotiate the construction contract or modify the contract,
10 including the specifications, with the lowest responsible
11 bidder and, if the contract is modified, shall resubmit the
12 documents to the department or to another authorized review
13 authority for review to confirm that the project remains in
14 compliance with building codes and fire codes. The board may
15 reject all bids received and may readvertise, calling for new
16 bids.
17 Section 6. Section 235.4351, Florida Statutes, as
18 created by section 34 of chapter 97-384, Laws of Florida, is
19 amended to read:
20 235.4351 Waivers from certain requirements.--The
21 commissioner may adopt standards, by rule, for the provision
22 of waivers from the requirements of this chapter relating to
23 plant surveys, need projections, and cost ceilings. Special
24 consideration for waiver shall be given to:
25 (1) Projects of school districts for which no state
26 money is spent.
27 (2) Projects of school districts that certify that all
28 of the district's educational plant space needs for the next 5
29 years can be met from:
30 (a) Capital outlay sources that the district
31 reasonably expects to receive during the next 5 years; or
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Florida Senate - 1998 SB 2154
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1 (b) Alternative scheduling or construction, leasing,
2 rezoning, or technological methodologies exhibiting sound
3 management.
4 (3) Any school project that consists of constructing a
5 facility that will have a maximum capacity of 500 or fewer
6 students and the total square footage of which will be
7 constructed to meet the minimum requirements, or less, of the
8 State Requirements for Educational Facilities.
9 (4) School projects that the district can demonstrate
10 are likely:
11 (a) To result in reduced maintenance costs and
12 extended systems life expectancy; or
13 (b) To produce significant life-cycle cost savings
14 through the use of energy-saving technologies or the use of
15 materials or equipment the initial cost of which can be
16 recovered in a period of 10 years or less.
17
18 The commissioner shall report annually to the Legislature and
19 the Governor, by January 1, the prior year's waivers granted
20 under this section.
21 Section 7. Subsection (5) of section 404.056, Florida
22 Statutes, is amended to read:
23 404.056 Environmental radiation standards and
24 programs; radon protection.--
25 (5) MANDATORY TESTING.--All public and private school
26 buildings or school sites housing students in kindergarten
27 through grade 12; all state-owned, state-operated,
28 state-regulated, or state-licensed 24-hour care facilities;
29 and all state-licensed day care centers for children or
30 minors, if located in a county that falls within the
31 Department of Community Affairs' Florida Radon Protection Map
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Florida Senate - 1998 SB 2154
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1 Categories of "Intermediate" or "Elevated Radon Potential,"
2 shall be measured to determine the level of indoor radon,
3 using measurement procedures established by the department.
4 Testing must be completed within the first year of
5 construction in 20 percent of the habitable first-floor spaces
6 within any of the regulated buildings. Initial measurements
7 shall be completed and reported to the department by July of
8 the year in which the building is opened for occupancy 1,
9 1990, and repeated measurements shall be performed and
10 reported to the department at 5-year intervals. Followup
11 testing must be completed in at least 5 percent of the
12 habitable first-floor spaces within any of the regulated
13 buildings by the time the building has been occupied for 5
14 years, and results of the testing must be reported to the
15 department by July 1 of the 5th year of occupancy. After radon
16 measurements have twice been made, regulated buildings need
17 not undergo further testing unless significant structural
18 changes occur. If fill soil is required for the construction
19 of a regulated building, initial testing of the fill soil must
20 be performed in accordance with measurement procedures
21 established by the department, and results of the testing must
22 be reported to the department before construction begins. Test
23 results, prior to the effective date of this act, may be
24 accepted by the department as long as the tests conducted meet
25 the standards for testing promulgated by the department, and
26 the school or care facility certifies this in writing to the
27 department. The provisions of paragraph (3)(c) as to
28 confidentiality shall not apply to this subsection. No funds
29 collected pursuant to s. 553.721 shall be used to carry out
30 the provisions of this subsection.
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Florida Senate - 1998 SB 2154
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1 Section 8. Section 468.607, Florida Statutes, is
2 amended to read:
3 468.607 Certification of building code administration
4 and inspection personnel.--The board shall issue a certificate
5 to any individual whom the board determines to be qualified,
6 within such class and level as provided in this part and with
7 such limitations as the board may place upon it. A No person
8 may not be employed by a state agency or local governmental
9 authority to perform the duties of a building code
10 administrator, plans examiner, or inspector after October 1,
11 1993, without possessing the proper valid certificate issued
12 in accordance with the provisions of this part. Any person who
13 acts as an inspector or a plans examiner under s. 235.26 while
14 conducting activities authorized by certification under that
15 section is certified to continue conducting inspections for a
16 local government until the person's UBCI certification
17 expires, after which he or she must possess the proper valid
18 certificate issued in accordance with this part.
19 Section 9. This act shall take effect July 1, 1998.
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22 SENATE SUMMARY
23 Creates additional divisions of the Department of
Education. Amends provisions relating to suppliers who
24 supply commodities and services to schools in this state.
Amends functions of the department relating to
25 educational and ancillary facilities and plants. Amends
provisions relating to requirements for placing operable
26 glazing in educational facilities. Allows an authorized
review authority other than the department to review
27 certain documents to confirm that certain projects are in
compliance with building and fire codes. Allows certain
28 school projects to receive special consideration for
waivers from specified requirements of ch. 235, F.S.
29 Amends requirements for mandatory testing to determine
the level of indoor radon in certain school buildings and
30 at certain school sites. Requires persons who act as
inspectors and plans examiners under s. 235.26, F.S., to
31 obtain certificates under part XII of ch. 468, F.S., but
only after their UBCI certification expires.
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