House Bill 4473
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4473
By Representative Bullard
1 A bill to be entitled
2 An act relating to educational facilities;
3 amending s. 235.26, F.S.; prohibiting local and
4 state government boards and agencies from
5 levying fees, assessments, or taxes on
6 educational boards, districts, or facilities;
7 providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsection (1) of section 235.26, Florida
12 Statutes, is amended to read:
13 235.26 State Uniform Building Code for Public
14 Educational Facilities Construction.--The Commissioner of
15 Education shall adopt a uniform statewide building code for
16 the planning and construction of public educational and
17 ancillary plants by district school boards and community
18 college district boards of trustees. The code must be entitled
19 the State Uniform Building Code for Public Educational
20 Facilities Construction. Included in this code must be flood
21 plain management criteria in compliance with the rules and
22 regulations in 44 C.F.R. parts 59 and 60, and subsequent
23 revisions thereto which are adopted by the Federal Emergency
24 Management Agency. Wherever the words "Uniform Building Code"
25 appear, they mean the "State Uniform Building Code for Public
26 Educational Facilities Construction." It is not a purpose of
27 the Uniform Building Code to inhibit the use of new materials
28 or innovative techniques; nor may it specify or prohibit
29 materials by brand names. The code must be flexible enough to
30 cover all phases of construction so as to afford reasonable
31 protection for the public safety, health, and general welfare.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4473
546-165-98
1 The department may secure the service of other state agencies
2 or such other assistance as it finds desirable in revising the
3 code.
4 (1) UNIFORM BUILDING CODE.--
5 (a) Except as otherwise provided in paragraph (b), all
6 public educational and ancillary plants constructed by a
7 district school board or a community college district board of
8 trustees must conform to the State Uniform Building Code for
9 Public Educational Facilities Construction, and such plants
10 are exempt from all other state, county, district, municipal,
11 or local building codes, interpretations, building permits,
12 and assessments of fees for building permits, ordinances, road
13 closures, and impact fees or service availability fees. Any
14 inspection by local or state government must be based on the
15 Uniform Building Code as prescribed by rule. Each board shall
16 provide for periodic inspection of the proposed educational
17 plant during each phase of construction to determine
18 compliance with the Uniform Building Code.
19 (b) A district school board or community college
20 district board of trustees may conform with local building
21 codes and the administration of such codes when constructing
22 ancillary plants that are not attached to educational
23 facilities, if those plants conform to the space size
24 requirements established in the Uniform Building Code.
25 (c) The provisions of any law, county ordinance, or
26 municipal ordinance to the contrary notwithstanding, the
27 boards of county commissions, municipal boards, and other
28 agencies and boards of the state may not levy any fees,
29 charges, assessments, or taxes on school boards, boards of
30 trustees, school or community college districts, or any
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4473
546-165-98
1 educational facilities under their control except as provided
2 in s. 235.34.
3 Section 2. This act shall take effect upon becoming a
4 law.
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7 SENATE SUMMARY
8 Prohibits state and local government boards and agencies
from levying fees, assessments, or taxes on educational
9 boards, districts, or facilities.
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