CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Horne moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 235.062, Florida Statutes, is

18  amended to read:

19         235.062  Reduction of relocatable facilities in use.--

20         (1)(a)  It is the intent a goal of the Legislature that

21  all school districts shall provide a quality educational

22  environment for their students such that, by July 1, 2003,

23  student stations in relocatable facilities exceeding 20 years

24  of age and in use by a district during the 1998-1999 fiscal

25  year shall be removed and the number of all other relocatable

26  student stations at over-capacity schools during that fiscal

27  year shall be decreased by half. The Legislature finds,

28  however, that necessary maintenance of existing facilities and

29  public school enrollment growth impair the ability of some

30  districts to achieve the intent goal of this section within 5

31  years. Therefore, the Legislature is increasing its commitment

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  to school funding in this act, in part to help districts

 2  reduce the number of temporary, relocatable student stations

 3  at over-capacity schools. The Legislature intends that local

 4  school districts also increase their investment toward meeting

 5  this intent goal. Each district's progress toward meeting this

 6  intent goal shall be measured annually by comparing district

 7  facilities work programs for replacing relocatables with the

 8  state capital outlay projections for education prepared by the

 9  Commissioner of Education SMART Schools Clearinghouse pursuant

10  to s. 235.217(3)(e). District facilities work programs shall

11  be monitored by the Commissioner of Education SMART Schools

12  Clearinghouse to measure the commitment of local school

13  districts toward this intent goal.

14         (b)  School districts are encouraged to eliminate

15  relocatable facilities. School districts pursuing the intent

16  of removing relocatable facilities and replacing them with

17  permanent facilities at a rate that exceeds the legislative

18  intent expressed in this section shall be eligible for SIT

19  Awards and effort index grants because of this action.

20         (c)(b)  For the purposes of this section, an

21  "over-capacity school" means a school the capital outlay FTE

22  enrollment of which exceeds 100 percent of the space and

23  occupant design capacity of its nonrelocatable facilities.

24  However, if a school's initial design incorporated relocatable

25  or modular instructional space, an "over-capacity school"

26  shall mean a school the capital outlay FTE enrollment of which

27  exceeds 100 percent of the space and occupant design capacity

28  of its core facilities.

29         (2)  In accordance with the legislative intent goal

30  described in subsection (1), any relocatables purchased with

31  money appropriated from this act shall be counted at actual

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  student capacity for purposes of ss. 235.15 and 235.217 for

 2  the life cycle of the relocatable.

 3         Section 2.  Subsections (3), (4), and (5) of section

 4  235.175, Florida Statutes, are amended to read:

 5         235.175  SMART schools; Classrooms First; legislative

 6  purpose.--

 7         (3)  SCHOOL DISTRICT FACILITIES WORK PROGRAMS.--It is

 8  the purpose of the Legislature to create s. 235.185, requiring

 9  each school district annually to adopt a district facilities

10  5-year work program. The purpose of the district facilities

11  work program is to keep the school board and the public fully

12  informed as to whether the district is using sound policies

13  and practices that meet the essential needs of students and

14  that warrant public confidence in district operations. The

15  district facilities work program will be monitored by the

16  Commissioner of Education SMART Schools Clearinghouse, which

17  will also apply performance standards pursuant to s. 235.218.

18         (4)  SMART SCHOOLS CLEARINGHOUSE.--It is the purpose of

19  the Legislature to create s. 235.217, establishing the SMART

20  Schools Clearinghouse to assist the school districts in

21  building SMART schools utilizing functional and frugal

22  practices. The SMART Schools Clearinghouse must review

23  district facilities work programs and projects and identify

24  districts qualified for incentive funding available through

25  effort index grants and School Infrastructure Thrift Program

26  awards; identify opportunities to maximize design and

27  construction savings; develop school district facilities work

28  program performance standards; and provide for review and

29  recommendations to the Governor, the Legislature, and the

30  State Board of Education.

31         (5)  EFFORT INDEX GRANTS.--It is the purpose of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  Legislature to create s. 235.186, in order to provide grants

 2  from state funds to assist school districts that have provided

 3  a specified level of local effort funding and still have a

 4  need to build or renovate new student stations and associated

 5  core facility space to meet student membership requirements in

 6  K-12 programs. Districts must utilize state funds in

 7  accordance with statutory requirements and obligate from among

 8  all eligible sources an amount that is equivalent to the

 9  potential available for construction from PECO funds, capital

10  outlay and debt service bond proceeds, Classrooms First funds,

11  and the one-half cent local option school sales surtax. As an

12  alternative to the one-half cent local option school sales

13  surtax, districts that commit at least 50 percent of the full

14  value of the 2-mill discretionary capital outlay levy

15  authorized in s. 236.25 for construction or debt service or

16  levy millage for general obligation bond debt service may

17  substitute their values for the one-half cent local option

18  school sales surtax cost in calculating eligibility for effort

19  index grants. Effort index grants will be based upon

20  recommendation of the Commissioner of Education SMART Schools

21  Clearinghouse.

22         Section 3.  Subsections (1) and (5) of section 235.185,

23  Florida Statutes, 1998 Supplement, are amended to read:

24         235.185  School district facilities work program;

25  definitions; preparation, adoption, and amendment; long-term

26  work programs.--

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

28         (a)  "Adopted district facilities work program" means

29  the 5-year work program adopted by the district school board

30  as provided in subsection (3).

31         (b)  "Tentative district facilities work program" means

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  the 5-year listing of capital outlay projects required:

 2         1.  To properly maintain the educational plant and

 3  ancillary facilities of the district.

 4         2.  To provide an adequate number of satisfactory

 5  student stations for the projected student enrollment of the

 6  district in K-12 programs in accordance with the intent goal

 7  in s. 235.062.

 8         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

 9  the adopted district facilities work program covering the

10  5-year work program, the district school board shall adopt

11  annually a 10-year and a 20-year work program which include

12  the information set forth in subsection (2), but based upon

13  enrollment projections and facility needs for the 10-year and

14  20-year periods. It is recognized that the projections in the

15  10-year and 20-year timeframes are tentative and should be

16  used only for general planning purposes.

17         Section 4.  Subsections (1), (2), and (4) of section

18  235.186, Florida Statutes, are amended, present subsection (5)

19  of that section is redesignated as subsection (6) and amended,

20  and a new subsection (5) is added to that section, to read:

21         235.186  Effort index grants for school district

22  facilities work program projects.--

23         (1)  PROJECT REVIEW; ELIGIBILITY.--Annually, the

24  Commissioner of Education SMART Schools Clearinghouse

25  established pursuant to s. 235.217 shall review the adopted

26  district facilities work program of each district to ensure

27  compliance with the provisions of s. 235.185 and to determine

28  the district's eligibility to receive an effort index grant

29  for local school facilities projects pursuant to this section.

30  Projects identified in a district facilities work program

31  which are eligible to receive an effort index grant shall be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  limited to those projects authorized by the educational plant

 2  survey as defined by s. 235.15 which provide new student

 3  stations and associated core facility space to serve meet

 4  student membership requirements in K-12 programs and included

 5  in the 1998-1999 through 2002-2003 district facilities work

 6  program. Effort index grants shall not be provided to replace

 7  relocatable classrooms which meet standards. Projects eligible

 8  to receive an effort index grant identified in a district

 9  facilities work program may include emergency shelters as

10  required by s. 235.26(9), replacement schools, classroom

11  additions, core facilities, land development, and renovations

12  and remodeling where the scope of work extends the useful life

13  of the permanent educational facility.

14         (2)  COMPUTATION OF REQUIRED LOCAL EFFORT AMOUNT FOR

15  DISTRICT EFFORT INDEX.--Prior to a school district being

16  eligible to receive an effort index grant pursuant to this

17  section, the Commissioner of Education clearinghouse shall

18  certify that the district agreed to expend, from among all

19  eligible sources, an amount that is equivalent to the amount

20  of funds projected to be available during the period covered

21  by the district facilities work program from the following

22  four sources for eligible basic capital outlay expenditures

23  described in subsection (4):

24         (a)  Public Education Capital Outlay and Debt Service

25  Trust Fund moneys for construction pursuant to s. 235.42.

26         (b)  The maximum potential bond proceeds available from

27  the School District and Community College District Capital

28  Outlay and Debt Service Trust Fund.

29         (c)  Proceeds from the Classrooms First Program

30  authorized in s. 235.187.

31         (d)  One-half cent local option school sales surtax,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  pursuant to s. 212.055(7), if fully levied over the 5-year

 2  period, or 50 percent of the full value of the 2-mill

 3  discretionary capital outlay levy authorized in s. 236.25 for

 4  construction or debt service or the full value of millage

 5  levied for general obligation bond debt service.

 6         (4)  COMPUTATION OF BASIC DISTRICT CAPITAL OUTLAY

 7  EXPENDITURES ELIGIBLE FOR INCLUSION IN CALCULATION FOR EFFORT

 8  INDEX GRANTS.--

 9         (a)  When reviewing a district facilities work program,

10  the Commissioner of Education clearinghouse shall calculate

11  the district's planned basic capital outlay expenditures that

12  may be eligible for an effort index grant. For each district,

13  this calculation shall consist of:

14         1.  Expenditures for district capital outlay projects

15  described in subsection (1).

16         2.  Expenditures for debt service payments for

17  outstanding capital outlay bonds sold to finance new

18  construction, remodeling, renovation, or major repair of

19  educational facilities.

20         3.  Expenditures for scheduled payments on outstanding

21  certificates of participation used to finance new

22  construction, remodeling, renovation, or major repair of

23  educational facilities.

24

25  Expenditures relating to the replacement of relocatable

26  classrooms that meet standards shall not qualify as

27  expenditures eligible for inclusion in the calculation for

28  effort index grants.

29         (b)  The computation of basic district capital outlay

30  expenditures eligible for inclusion in the commissioner's

31  clearinghouse's calculation for effort index grants for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  projects initiated after July 1, 1997, shall be based upon the

 2  actual cost per student station or the cost per student

 3  station calculated pursuant to s. 235.435(6), whichever is

 4  less.

 5         (c)  The computation of the basic capital outlay

 6  expenditures eligible for inclusion in the commissioner's

 7  calculation for effort index grants for projects shall include

 8  emergency shelters as required by s. 235.26(9), replacement

 9  schools, classroom additions, core facilities, land

10  development, and renovations and remodeling where the scope of

11  work extends the useful life of the permanent educational

12  facility.

13         (5)  ALTERNATIVE COMPUTATION FOR ELIGIBLE REVENUE

14  SOURCES FOR REQUIRED LOCAL EFFORT.--Districts that have

15  fulfilled the statutory requirements of PECO funds, capital

16  outlay and debt service bond proceeds, and Classrooms First

17  bonding as specified in s. 235.188, have levied millage for

18  general obligation bond debt service, have levied the full

19  2-mill discretionary local capital outlay millage as

20  authorized in s. 236.25, and have committed at least 50

21  percent of the proceeds of the millage to debt service of

22  Certificates of Participation or for construction, remodeling,

23  and renovation of school plant survey recommended educational

24  plant projects shall be eligible for effort index grants.

25         (6)(5)  ALLOCATION OF EFFORT INDEX GRANTS FOR DISTRICT

26  FACILITIES.--

27         (a)  If the calculated district obligation is equal to

28  or greater than the calculated required effort amount for the

29  eligible expenditures, the district shall be eligible for an

30  effort index grant, to be determined by the Commissioner of

31  Education clearinghouse by calculating need from the actual

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  cost per student station or the cost per student station

 2  pursuant to s. 235.435(6), whichever is less, plus debt

 3  service payments for new construction, remodeling, renovation,

 4  or major repair of educational facilities less the calculated

 5  required effort amount.

 6         (b)  Annually by November 1, the Commissioner of

 7  Education clearinghouse shall report to the Governor and the

 8  Legislature on the amount required to fully fund effort index

 9  grants for each of the following 5 years.

10         (c)  Districts demonstrating inability to finance

11  eligible projects in their district facilities work programs

12  after meeting the requirements in subsection (2) may be

13  eligible to receive effort index grants, subject to

14  legislative appropriations for this purpose.

15         (d)  If legislative appropriations are insufficient to

16  fully fund the eligible total statewide qualified effort index

17  grants as calculated by the Commissioner of Education

18  clearinghouse, the entire appropriated amount shall be

19  distributed for effort index grants in accordance with the

20  formula established in s. 235.187 priority consideration shall

21  be given to providing effort index grants to those districts

22  based upon:

23         1.  The extent to which they have exceeded the district

24  effort index in subsection (2); and

25         2.  The extent to which they have maximized their

26  revenue generating potential from the district effort index in

27  subsection (2) through the purchase of certificates of

28  participation, the sale of bonds, or other appropriate

29  long-term financing.

30         Section 5.  Paragraph (a) of subsection (1) and

31  subsection (3) of section 235.217, Florida Statutes, are

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  amended to read:

 2         235.217  SMART (Soundly Made, Accountable, Reasonable,

 3  and Thrifty) Schools Clearinghouse.--

 4         (1)(a)  The SMART Schools Clearinghouse is established

 5  to assist school districts that seek to access School

 6  Infrastructure Thrift (SIT) Program awards pursuant to ss.

 7  235.2155 and 235.216 or effort index grants pursuant to s.

 8  235.186. The clearinghouse must use expedited procedures in

 9  providing such assistance.

10         (3)  The clearinghouse shall:

11         (a)  Recommend to the Governor, the Legislature, and

12  the State Board of Education frugal construction standards

13  that ensure appropriate industry standards and optimal life

14  cycles and that may include, but are not limited to, standards

15  for optimal size of core facility space, design-build,

16  performance contracting, energy efficiency, and life-cycle

17  systems costing.

18         (b)  Prioritize school district SIT Program awards and

19  effort index grants based on a review of the district

20  facilities work programs and proposed construction projects.

21         (c)  Recommend to the Governor, the Legislature, and

22  the State Board of Education standards and policies relating

23  to the design and construction of educational facilities.

24         (d)  Request the commissioner to consider all relevant

25  recommendations for incorporation into the Uniform Building

26  Code.

27         (e)  By July 1, 1998, establish a 5-year statewide

28  capital outlay projection for education. In developing the

29  projection, the clearinghouse shall reasonably adhere to

30  historical projection standards developed for school capital

31  outlay by the Department of Education and shall incorporate

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  the following factors into the projection:

 2         1.  A calculation of the number of student stations in

 3  each district as calculated in the Florida Inventory of School

 4  Houses based upon space to which stations are to be assigned

 5  pursuant to s. 235.014(10)(a)1.

 6         2.  The norm value of each space-per-student station

 7  range established for each educational classroom in the State

 8  Requirements for Educational Facilities, with the norm value

 9  constituting one student station in the Florida Inventory of

10  School Houses.

11         3.  The number of capital outlay full-time equivalent

12  students as determined by the department for each school

13  district.

14         4.  A total project cost per student station, which may

15  equal the respective maximums provided in s. 235.435(6) for

16  elementary, middle, and high school student stations adjusted

17  by the Consumer Price Level Index calculated 30 months from

18  the time of the current state capital outlay projection for

19  education.

20         5.  Maintenance standards and guidelines as determined

21  by the Department of Education.

22         6.  A relocatable valuation factor, which must consider

23  the historical lifespan of relocatable classrooms in public

24  schools compared to that of permanent facility space, and

25  account for the intent goal established in s. 235.062 for

26  replacement of relocatables in the next 5 years.

27         7.  A projection of available state and district

28  revenues for the next 5 fiscal years, based upon current-year

29  projections of state capital outlay revenues accruing to

30  school districts and current-year levies of ss. 212.055,

31  236.25(2), 236.31, and 236.32 and millage voted from

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  provisions of s. 9, Art. VII of the State Constitution,

 2  incorporating the most recent projections of the Gross

 3  Receipts, Public Educational Capital Outlay, Education,

 4  Transportation, and General Revenue Estimating Conferences;

 5  and not including any revenues accruing through impact fees,

 6  proceeds accrued from certificates of participation, or any

 7  currently unlevied portion of rate or millage authorized by s.

 8  212.055, s. 236.25(2), s. 236.31, or s. 236.32 or s. 9, Art.

 9  VII of the State Constitution.

10         Section 6.  Subsection (3) of section 235.218, Florida

11  Statutes, is amended to read:

12         235.218  School district facilities work program

13  performance and productivity standards; development;

14  measurement; application.--

15         (3)  The clearinghouse shall conduct ongoing

16  evaluations of district educational facilities program

17  performance and productivity, using the measures adopted under

18  this section. If, using these measures, the clearinghouse

19  finds that a district failed to perform satisfactorily, the

20  clearinghouse must recommend actions to be taken to improve

21  the district's performance. A district that refuses to follow

22  the recommended actions may be denied an effort index grant.

23         Section 7.  This act shall take effect upon becoming a

24  law.

25

26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         Delete everything before the enacting clause

30

31  and insert:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1                      A bill to be entitled

 2         An act relating to educational facilities;

 3         amending s. 235.062, F.S.; encouraging school

 4         districts to eliminate relocatable facilities;

 5         amending s. 235.175, F.S.; providing an

 6         alternative method of qualifying for effort

 7         index grants; amending s. 235.185, F.S.;

 8         amending definitions of terms relating to

 9         school district facilities work programs;

10         deleting provisions relating to 10-year and

11         20-year work programs; amending s. 235.186,

12         F.S.; amending provisions relating to

13         eligibility for effort index grants; amending

14         ss. 235.217, 235.218, F.S.; conforming

15         provisions; providing an effective date.

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