House Bill 4473

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    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.

  8

  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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    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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  6            *****************************************

  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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