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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senators Clary and Diaz-Balart moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, line 29, through page 19, line 3, delete

15  those lines

16

17  and insert:

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

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

20  from state funds to assist school districts that have provided

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

22  need to build new student stations and associated core

23  facility space to meet student membership requirements in K-12

24  programs. Districts must utilize state funds in accordance

25  with statutory requirements and obligate from among all

26  eligible sources an amount that is equivalent to the potential

27  available for construction from PECO funds, capital outlay and

28  debt service bond proceeds, Classrooms First funds, and the

29  one-half cent local option school sales surtax. Effort index

30  grants will be based upon recommendation of the SMART Schools

31  Clearinghouse.

                                  1
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         (6)  SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM

 2  AWARDS.--It is the purpose of the Legislature to convert the

 3  SIT Program established in ss. 235.2155 and 235.216 to an

 4  incentive award program to encourage functional, frugal

 5  facilities and practices. Districts that find ways to reduce

 6  the cost of, or eliminate the need for, constructing

 7  educational facilities can receive SIT Program awards equal to

 8  50 percent of the amount saved. In addition, districts may

 9  submit new schools to receive a SIT Program SMART school of

10  the year recognition award. SIT Program awards will be based

11  upon recommendation of the SMART Schools Clearinghouse and may

12  be used for any authorized capital expenditure.

13         Section 5.  Section 235.186, Florida Statutes, 1998

14  Supplement, is amended to read:

15         235.186  Effort index grants for school district

16  facilities work program projects.--

17         (1)  The Legislature hereby allocates for effort index

18  grants the sum of $300 million from the funds appropriated

19  from the Educational Enhancement Trust Fund by section 46 of

20  chapter 97-384, Laws of Florida, contingent upon the sale of

21  school capital outlay bonds. From these funds, the

22  Commissioner of Education shall allocate to the four school

23  districts deemed eligible for an effort index grant by the

24  SMART Schools Clearinghouse the sums of $7,442,890 to the Clay

25  County School District, $62,755,920 to the Dade County School

26  District, $1,628,590 to the Hendry County School District, and

27  $414,950 to the Madison County School District. The remaining

28  funds shall be allocated among the remaining district school

29  boards that qualify for an effort index grant by meeting the

30  local capital outlay effort criteria in paragraph (a) or

31  paragraph (b).

                                  2
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         (a)  Between July 1, 1995, and June 30, 1999, the

 2  school district received direct proceeds from the

 3  one-half-cent sales surtax for public school capital outlay

 4  authorized by s. 212.055(7) or from the local government

 5  infrastructure sales surtax authorized by s. 212.055(2).

 6         (b)  The school district met two of the following

 7  criteria:

 8         1.  Levied the full 2 mills of nonvoted discretionary

 9  capital outlay authorized by s. 236.25(2) during 1995-1996,

10  1996-1997, 1997-1998, and 1998-1999.

11         2.  Levied a cumulative voted millage for capital

12  outlay and debt service equal to 2.5 mills for fiscal years

13  1995 through 1999.

14         3.  Received proceeds of school impact fees greater

15  than $500 per dwelling unit which were in effect on July 1,

16  1998.

17         4.  Received direct proceeds from either the

18  one-half-cent sales surtax for public school capital outlay

19  authorized by s. 212.055(7) or from the local government

20  infrastructure sales surtax authorized by s. 212.055(2).

21         (2)  It is the intent of the Legislature that this

22  program be administered as nearly as is practicable in the

23  same manner as the capital outlay program authorized under s.

24  9(d), Art. XII of the State Constitution. Each district school

25  board's share of the appropriation for the effort index grants

26  must be calculated according to the following formula using

27  the same basis as the Classrooms First allocation formula, but

28  the share of each district shall, at a minimum, be at least

29  equal to the amount required for all payments of the district

30  relating to bonds issued by the state on its behalf:

31         (a)  Twenty-five percent of the appropriation shall be

                                  3
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  prorated to the districts based on each district's percentage

 2  of base capital outlay full-time-equivalent membership; and 65

 3  percent shall be based on each district's percentage of growth

 4  capital outlay full-time-equivalent membership as specified

 5  for the allocation of funds from the Public Education Capital

 6  Outlay and Debt Service Trust Fund by s. 235.435(3).

 7         (b)  Ten percent of the appropriation must be allocated

 8  among district school boards according to the allocation

 9  formula in s. 235.435(1)(a).

10         (2)  A district school board shall expend the funds

11  received under this section only to:

12         (a)  Construct, renovate, remodel, repair, or maintain

13  educational facilities; or

14         (b)  Pay debt service on bonds issued under this

15  section, the proceeds of which must be expended for new

16  construction, remodeling, renovation, and major repairs. Bond

17  proceeds shall be expended first for providing permanent

18  classroom facilities and related auxiliary facilities. Bond

19  proceeds may not be expended for any other facilities until

20  all unmet needs for permanent classrooms and auxiliary

21  facilities as defined in s. 235.011 have been satisfied.

22

23  However, if more than 9 percent of a district's total square

24  feet is more than 50 years old, the district must spend at

25  least 25 percent of its allocation on the renovation, major

26  repair, or remodeling of existing schools, except that

27  districts having fewer than 10,000 full-time equivalent

28  students are exempt from this requirement.

29         (3)  Each district school board that pledges moneys

30  under paragraph (2)(b) shall notify the Department of

31  Education of its election at a time set by the department;

                                  4
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  however, the initial notification shall be by July 1, 1999.

 2  The Department of Education shall review the proposal of each

 3  district school board for compliance with this section and

 4  shall forward all approved proposals to the Division of Bond

 5  Finance with a request to issue bonds on behalf of the

 6  approved school districts.

 7         (4)  A district school board that chooses to pledge

 8  allocations from the Classrooms First Program for the issuance

 9  of bonds must encumber those bond proceeds before pledging

10  funds for the payment of debt service on bonds issued pursuant

11  to this section.

12         (5)  A school district may receive a distribution for

13  use pursuant to paragraph (2)(a) only if the district school

14  board certifies to the Commissioner of Education that the

15  district has no unmet need for permanent classroom facilities

16  in its 5-year capital outlay work plan. If the work plan

17  contains such unmet needs, the district must use its

18  distribution for the payment of bonds under paragraph (2)(b).

19  If the district does not require its full bonded distribution

20  to eliminate such unmet needs, it may bond only that portion

21  of its allocation necessary to meet the needs.

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

23  Schools Clearinghouse established pursuant to s. 235.217 shall

24  review the adopted district facilities work program of each

25  district to ensure compliance with the provisions of s.

26  235.185 and to determine the district's eligibility to receive

27  an effort index grant for local school facilities projects

28  pursuant to this section. Projects identified in a district

29  facilities work program which are eligible to receive an

30  effort index grant shall be limited to those projects which

31  provide new student stations and associated core facility

                                  5
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  space to meet student membership requirements in K-12

 2  programs. Effort index grants shall not be provided to replace

 3  relocatable classrooms which meet standards.

 4         (2)  COMPUTATION OF REQUIRED LOCAL EFFORT AMOUNT FOR

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

 6  eligible to receive an effort index grant pursuant to this

 7  section, the clearinghouse shall certify that the district

 8  agreed to expend, from among all eligible sources, an amount

 9  that is equivalent to the amount of funds projected to be

10  available during the period covered by the district facilities

11  work program from the following four sources for eligible

12  basic capital outlay expenditures described in subsection (4):

13         (a)  Public Education Capital Outlay and Debt Service

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

15         (b)  The maximum potential bond proceeds available from

16  the School District and Community College District Capital

17  Outlay and Debt Service Trust Fund.

18         (c)  Proceeds from the Classrooms First Program

19  authorized in s. 235.187.

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

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

22  period.

23         (3)  ELIGIBLE REVENUE SOURCES FOR REQUIRED LOCAL

24  EFFORT.--Expenditures from eligible revenues which may be

25  counted toward a district's required local effort shall be

26  limited to:

27         (a)  Public Education Capital Outlay and Debt Service

28  Trust Fund distributions for construction pursuant to s.

29  235.42.

30         (b)  School District and Community College District

31  Capital Outlay and Debt Service Trust Fund distributions.

                                  6
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         (c)  Direct proceeds from the half-cent local option

 2  school sales surtax authorized in s. 212.055(7).

 3         (d)  Direct proceeds from the local government

 4  infrastructure sales surtax authorized in s. 212.055(2).

 5         (e)  Direct proceeds from the 2-mill discretionary

 6  capital outlay levy authorized in s. 236.25.

 7         (f)  Direct proceeds from district voted millage for

 8  capital outlay purposes as authorized in s. 9, Art. VII of the

 9  State Constitution.

10         (g)  School Infrastructure Thrift (SIT) Program awards

11  received pursuant to ss. 235.2155 and 235.216.

12         (h)  Classrooms First Program proceeds received

13  pursuant to s. 235.187.

14         (i)  Private donations.

15         (j)  Grants from local governments or not-for-profit

16  organizations.

17         (4)  COMPUTATION OF BASIC DISTRICT CAPITAL OUTLAY

18  EXPENDITURES ELIGIBLE FOR INCLUSION IN CALCULATION FOR EFFORT

19  INDEX GRANTS.--

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

21  the clearinghouse shall calculate the district's planned basic

22  capital outlay expenditures that may be eligible for an effort

23  index grant. For each district, this calculation shall consist

24  of:

25         1.  Expenditures for district capital outlay projects

26  described in subsection (1).

27         2.  Expenditures for debt service payments for

28  outstanding capital outlay bonds sold to finance new

29  construction, remodeling, renovation, or major repair of

30  educational facilities.

31         3.  Expenditures for scheduled payments on outstanding

                                  7
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  certificates of participation used to finance new

 2  construction, remodeling, renovation, or major repair of

 3  educational facilities.

 4

 5  Expenditures relating to the replacement of relocatable

 6  classrooms that meet standards shall not qualify as

 7  expenditures eligible for inclusion in the calculation for

 8  effort index grants.

 9         (b)  The computation of basic district capital outlay

10  expenditures eligible for inclusion in the clearinghouse's

11  calculation for effort index grants for projects initiated

12  after July 1, 1997, shall be based upon the actual cost per

13  student station or the cost per student station calculated

14  pursuant to s. 235.435(6), whichever is less.

15         (5)  ALLOCATION OF EFFORT INDEX GRANTS FOR DISTRICT

16  FACILITIES.--

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

18  or greater than the calculated required effort amount for the

19  eligible expenditures, the district shall be eligible for an

20  effort index grant, to be determined by the clearinghouse by

21  calculating need from the actual cost per student station or

22  the cost per student station pursuant to s. 235.435(6),

23  whichever is less, plus debt service payments for new

24  construction, remodeling, renovation, or major repair of

25  educational facilities less the calculated required effort

26  amount.

27         (b)  Annually by November 1, the clearinghouse shall

28  report to the Governor and the Legislature on the amount

29  required to fully fund effort index grants for each of the

30  following 5 years.

31         (c)  Districts demonstrating inability to finance

                                  8
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  eligible projects in their district facilities work programs

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

 3  eligible to receive effort index grants, subject to

 4  legislative appropriations for this purpose.

 5         (d)  If legislative appropriations are insufficient to

 6  fully fund the eligible total statewide qualified effort index

 7  grants as calculated by the clearinghouse, priority

 8  consideration shall be given to providing effort index grants

 9  to those districts based upon:

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

11  effort index in subsection (2); and

12         2.  The extent to which they have maximized their

13  revenue generating potential from the district effort index in

14  subsection (2) through the purchase of certificates of

15  participation, the sale of bonds, or other appropriate

16  long-term financing.

17         Section 6.  Subsection (4) of section 235.211, Florida

18  Statutes, is amended to read:

19         235.211  Educational facilities contracting and

20  construction techniques.--

21         (4)  Except as otherwise provided in this section and

22  s. 481.229, the services of a registered architect must be

23  used for the development of plans for the erection,

24  enlargement, or alteration of any educational facility. The

25  services of a registered architect are not required for a

26  minor renovation project for which the construction cost is

27  less than $50,000 or for the placement or hookup of

28  relocatable educational facilities that conform with standards

29  adopted under s. 235.26(2) and (3). However, boards must

30  provide compliance with building code requirements and ensure

31  that these structures are adequately anchored for wind

                                  9
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  resistance as required by law. Boards are encouraged to

 2  consider the reuse of existing construction documents or

 3  design criteria packages where such reuse is feasible and

 4  practical. Notwithstanding s. 287.055, a board may purchase

 5  the architectural services for the design of educational or

 6  ancillary facilities under an existing contract agreement for

 7  professional services held by a school board in the State of

 8  Florida, provided that the purchase is to the economic

 9  advantage of the purchasing board, the services conform to the

10  standards prescribed by rules of the Commissioner of

11  Education, and such reuse is not without notice to, and

12  permission from, the architect of record whose plans or design

13  criteria are being reused. The department shall review these

14  Plans shall be reviewed for compliance with the state

15  requirements for educational facilities.  Rules adopted under

16  this section must establish uniform prequalification,

17  selection, bidding, and negotiation procedures applicable to

18  construction management contracts and the design-build

19  process.  This section does not supersede any small,

20  woman-owned or minority-owned business enterprise preference

21  program adopted by a board. Except as otherwise provided in

22  this section, the negotiation procedures applicable to

23  construction management contracts and the design-build process

24  must conform to the requirements of s. 287.055. A board may

25  not modify any rules regarding construction management

26  contracts or the design-build process.

27         Section 7.  Paragraph (a) of subsection (3) and

28  subsections (7) and (8) of section 235.2155, Florida Statutes,

29  1998 Supplement, are amended to read:

30         235.2155  School Infrastructure Thrift Program Act.--

31         (3)  The SIT Program is designed as:

                                  10
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         (a)  An incentive program to reward districts for:

 2         1.  Savings realized through functional, frugal

 3  construction.

 4         2.  Savings realized through the operation of charter

 5  schools in non-school-district facilities during the

 6  1996-1997, 1997-1998, and 1998-1999 school years.

 7         (7)  Awards from the SIT Program shall be made by the

 8  commissioner from funds appropriated by the Legislature. An

 9  award funded by an appropriation from the General Revenue Fund

10  and may be used for any lawful capital outlay expenditure. An

11  award funded by an appropriation of the proceeds of bonds

12  issued pursuant to s. 235.2195 may be used only for bondable

13  capital outlay projects.

14         (8)(a)  For each award to a school district pursuant to

15  paragraph (3)(a) that is recommended by the SMART Schools

16  Clearinghouse, the commissioner may award up to 50 percent of

17  the savings realized from the district's frugality.

18         (b)  For each award to a school district pursuant to

19  paragraph (3)(b) that is recommended by the SMART Schools

20  Clearinghouse, the commissioner may present a trophy or plaque

21  and a cash award to the school.

22         Section 8.  Subsections (2) and (3) of section 235.216,

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

24         235.216  SIT Program award eligibility; maximum cost

25  per student station of educational facilities; frugality

26  incentives; recognition awards.--

27         (2)  Beginning with the 1997-1998 fiscal year, A school

28  district may seek an award from the SIT Program, pursuant to

29  this section and s. 235.2155, based on the district's:

30         (a)  New construction of educational facilities if the

31  cost per student station is less than:

                                  11
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         1.  $11,600 for an elementary school,

 2         2.  $13,300 for a middle school, or

 3         3.  $17,600 for a high school,

 4

 5  (1997) as adjusted annually by the Consumer Price Index. The

 6  award shall be up to 50 percent of such savings, as

 7  recommended by the SMART Schools Clearinghouse.

 8         (b)  Operation of charter schools in

 9  non-school-district facilities. SIT Program awards pursuant to

10  this paragraph shall be as recommended by the SMART Schools

11  Clearinghouse. After the initial award, the recommendation

12  must be based on savings realized from proportionate district

13  increase in such charter school enrollment in excess of

14  original enrollment, and the award shall be up to 50 percent

15  of such savings.

16         (3)  Beginning with the 1998-1999 fiscal year, a school

17  district may seek a SMART school of the year recognition award

18  for building the highest quality functional, frugal school.

19  The commissioner may present a trophy or plaque and a cash

20  award to the school recommended by the SMART Schools

21  Clearinghouse for a SMART school of the year recognition

22  award.

23         Section 9.  Paragraphs (c), (d), and (e) of subsection

24  (1), and paragraph (b) of subsection (3), of section 235.217,

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

26         235.217  SMART (Soundly Made, Accountable, Reasonable,

27  and Thrifty) Schools Clearinghouse.--

28         (1)

29         (c)  Members of the clearinghouse shall be appointed no

30  later than November 28, 1997, and shall convene for their

31  first meeting no later than December 1, 1997.

                                  12
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         (c)(d)  The clearinghouse is assigned to the Department

 2  of Management Services for administrative and fiscal

 3  accountability purposes, but it shall otherwise function

 4  independently of the control and direction of the department,

 5  except as otherwise provided in chapters 110, 255, and 287 for

 6  agencies of the executive branch.

 7         (d)(e)  The clearinghouse may adopt rules necessary to

 8  carry out its duties, including, but not limited to, rules

 9  relating to design and performance standards, the SMART

10  Schools Design Directory, project delivery process, and

11  prioritization of SIT Program awards.

12         (3)  The clearinghouse shall:

13         (b)  Prioritize school district SIT Program awards and

14  effort index grants based on a review of the district

15  facilities work programs and proposed construction projects.

16         Section 10.  Paragraph (a) of subsection (1) of section

17  235.212, Florida Statutes, is amended to read:

18         235.212  Low-energy use design; solar energy systems;

19  swimming pool heaters.--

20         (1)(a)  Passive design elements and low-energy usage

21  features shall be included in the design and construction of

22  new educational facilities. Operable glazing consisting of at

23  least 5 percent of the floor area shall be placed in each

24  classroom located on the perimeter of the building. Operable

25  glazing is not required, except in community colleges,

26  auxiliary facilities, music rooms, gyms, locker and shower

27  rooms, special laboratories requiring special climate control,

28  and large group instruction areas having a capacity of more

29  than 100 persons.

30         Section 11.  Paragraph (a) of subsection (1) of section

31  235.31, Florida Statutes, 1998 Supplement, is amended to read:

                                  13
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         235.31  Advertising and awarding contracts;

 2  prequalification of contractor.--

 3         (1)(a)  As soon as practicable after any bond issue has

 4  been voted upon and authorized or funds have been made

 5  available for the construction, remodeling, renovation,

 6  demolition, or otherwise for the improvement, of any

 7  educational or ancillary plant, and after plans for the work

 8  have been approved, the board, if competitively bidding the

 9  project pursuant to s. 235.211, after advertising the same in

10  the manner prescribed by law or rule, shall award the contract

11  for the building or improvements to the lowest responsible

12  bidder.  However, if after taking all deductive alternates,

13  the bid of the lowest responsible bidder exceeds the

14  construction budget for the project established at the phase

15  III submittal, the board may declare an emergency.  After

16  stating the reasons why an emergency exists, the board may

17  negotiate the construction contract or modify the contract,

18  including the specifications, with the lowest responsible

19  bidder and, if the contract is modified, shall resubmit the

20  documents to the authorized review authority department for

21  review to confirm that the project remains in compliance with

22  building and fire codes.  The board may reject all bids

23  received and may readvertise, calling for new bids.

24         Section 12.  Subsection (3) of section 235.218, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         235.218  School district facilities work program

27  performance and productivity standards; development;

28  measurement; application.--

29         (3)  The clearinghouse shall conduct ongoing

30  evaluations of district educational facilities program

31  performance and productivity, using the measures adopted under

                                  14
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





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

 2  finds that a district failed to perform satisfactorily, the

 3  clearinghouse must recommend to the district school board

 4  actions to be taken to improve the district's performance. A

 5  district that refuses to follow the recommended actions may be

 6  denied an effort index grant.

 7         Section 13.  Subsection (1) of section 235.061, Florida

 8  Statutes, 1998 Supplement, is amended to read:

 9         235.061  Standards for relocatables used as classroom

10  space; inspections.--

11         (1)  The Commissioner of Education shall adopt rules

12  establishing standards for relocatables intended for long-term

13  use as classroom space at a public elementary school, middle

14  school, or high school. "Long-term use" means the use of

15  relocatables at the same educational plant for a period of 4

16  years or more. These rules must be implemented by July 1,

17  1998, and each relocatable acquired by a district school board

18  after the effective date of the rules and intended for

19  long-term use must comply with the standards. The rules shall

20  require that, by July 1, 2001, relocatables that fail to meet

21  the standards may not be used as classrooms. The standards

22  shall protect the health, safety, and welfare of occupants by

23  requiring compliance with the Uniform Building Code for Public

24  Educational Facilities or other locally adopted state minimum

25  building codes to ensure the safety and stability of

26  construction and onsite installation; fire and moisture

27  protection; air quality and ventilation; appropriate wind

28  resistance; and compliance with the requirements of the

29  Americans with Disabilities Act of 1990. If appropriate, the

30  standards must also require relocatables to provide access to

31  the same technologies available to similar classrooms within

                                  15
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  the main school facility and, if appropriate, to be accessible

 2  by adequate covered walkways. By July 1, 2003, the

 3  commissioner shall adopt standards for all relocatables

 4  intended for long-term use as classrooms. A relocatable that

 5  is subject to this section and does not meet the standards

 6  shall not be reported as providing satisfactory student

 7  stations in the Florida Inventory of School Houses.

 8         Section 14.  Subsection (5) of section 404.056, Florida

 9  Statutes, 1998 Supplement, is amended to read:

10         404.056  Environmental radiation standards and

11  programs; radon protection.--

12         (5)  MANDATORY TESTING.--All public and private school

13  buildings or school sites housing students in kindergarten

14  through grade 12; all state-owned, state-operated,

15  state-regulated, or state-licensed 24-hour care facilities;

16  and all state-licensed day care centers for children or minors

17  which are located in counties designated within the Department

18  of Community Affairs' Florida Radon Protection Map Categories

19  as "Intermediate" or "Elevated Radon Potential" shall be

20  measured to determine the level of indoor radon, using

21  measurement procedures established by the department. Testing

22  shall be completed within the first year of construction in 20

23  percent of the habitable first floor spaces within any of the

24  regulated buildings. Initial measurements shall be completed

25  and reported to the department by July 1, of the year the

26  building is opened for occupancy. Follow-up testing must be

27  completed in 5 percent of the habitable first floor spaces

28  within any of the regulated buildings after the building has

29  been occupied for 5 years, and results must be reported to the

30  department by July 1 of the 5th year of occupancy. After radon

31  measurements have been made twice, regulated buildings need

                                  16
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  not undergo further testing unless significant structural

 2  changes occur. Where fill soil is required for the

 3  construction of a regulated building, initial testing of fill

 4  soil must be performed using measurement procedures

 5  established by the department, and the results must be

 6  reported to the department prior to construction. 1990, and

 7  repeated measurements shall be performed and reported to the

 8  department at 5-year intervals.  Test results, prior to the

 9  effective date of this act, may be accepted by the department

10  as long as the tests conducted meet the standards for testing

11  promulgated by the department, and the school or care facility

12  certifies this in writing to the department.  The provisions

13  of paragraph (3)(c) as to confidentiality shall not apply to

14  this subsection.  No funds collected pursuant to s. 553.721

15  shall be used to carry out the provisions of this subsection.

16         Section 15.  Section 46 of chapter 97-384, Laws of

17  Florida, is amended to read:

18         Section 46.  There is hereby appropriated to the

19  Department of Education for fiscal year 1997-1998 the sum of

20  $150 million from the General Revenue Fund and, contingent

21  upon the sale of 1997 school capital outlay bonds pursuant to

22  s. 235.2195, Florida Statutes, the sum of $450 million from

23  the Educational Enhancement Trust Fund. The purpose of this

24  appropriation is to fund School Infrastructure Thrift (SIT)

25  Program awards pursuant to the provisions of ss. 235.2155 and

26  235.216, Florida Statutes, and effort index grants pursuant to

27  the provisions of s. 235.186, Florida Statutes. The maximum

28  amount of funds authorized for effort index grant awards

29  through June 30, 1998, is $300 $70 million. Effort index

30  grants shall only be funded from the Educational Enhancement

31  Trust Fund appropriation authorized in this section. The funds

                                  17
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1  appropriated in this section shall not be subject to the

 2  provisions of s. 216.301, Florida Statutes.

 3

 4  (Redesignate subsequent sections.)

 5

 6

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

 8  And the title is amended as follows:

 9         On page 1, line 7, through page 2, line 2, delete those

10  lines

11

12  and insert:

13         amending s. 235.15, F.S.; requiring validation

14         of certain surveys; amending s. 235.175, F.S.;

15         deleting formula for School Infrastructure

16         Thrift awards and effort index grants; amending

17         s. 235.186, F.S.; allocating certain funds for

18         effort index grants; revising the eligibility

19         criteria and allocation formula for effort

20         index grants; amending s. 235.2155, F.S.;

21         revising School Infrastructure Thrift awards

22         and related uses; amending s. 235.216, F.S.

23         authorizing enhanced School Infrastructure

24         Thrift Awards; specifying eligibility criteria;

25         amending ss. 235.217, 235.218, F.S.; conforming

26         provisions; deleting obsolete provisions;

27         amending s. 235.211, F.S.; revising plan review

28         requirements; amending s. 235.212, F.S.;

29         specifying areas exempt from operable glazing;

30         amending s. 235.31, F.S.; revising review

31         authority of contracts; amending s. 235.061,

                                  18
    7:22 PM   04/21/99                              s1848c1c-07cv4




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1848

    Amendment No.    





 1         F.S.; providing for the adoption of standards

 2         for relocatable classrooms; amending s.

 3         404.056, F.S.; revising requirements related to

 4         radon testing; amending s. 46 of ch. 97-384,

 5         Laws of Florida, relating to appropriations for

 6         School Infrastructure Thrift Program awards and

 7         effort index grants; specifying the amount

 8         authorized for effort index grants; repealing

 9         s. 235.4355,

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  19
    7:22 PM   04/21/99                              s1848c1c-07cv4