Senate Bill 1848

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    Florida Senate - 1999                                  SB 1848

    By Senator Clary





    7-783A-99

  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         transferring the SMART Schools Clearinghouse

  4         from the Department of Management Services to

  5         the Department of Education; amending s.

  6         235.15, F.S.; requiring validation of certain

  7         surveys; repealing s. 235.186, F.S., relating

  8         to effort index grants; amending ss. 235.175,

  9         235.185, 235.188, 235.217, 235.218, F.S.;

10         conforming provisions; deleting obsolete

11         provisions; repealing s. 235.4355, F.S.,

12         relating to SMART Schools Small County

13         Assistance Program for fiscal year 1998-1999;

14         amending s. 46 of ch. 97-384, Laws of Florida,

15         relating to appropriations for School

16         Infrastructure Thrift Program awards and effort

17         index grants; limiting the appropriation to

18         such awards; deleting funding for and

19         references to effort index grants; providing an

20         effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Effective July 1, 1999, the SMART Schools

25  Clearinghouse created by section 235.217, Florida Statutes,

26  1998 Supplement, and its powers, duties, functions, records,

27  personnel, property and unexpended balances of appropriations,

28  allocations, and other funds are transferred from the

29  Department of Management Services to the Department of

30  Education by a type two transfer as defined in section 20.06,

31  Florida Statutes.

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    Florida Senate - 1999                                  SB 1848
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  1         Section 2.  Paragraph (c) of subsection (1) of section

  2  235.15, Florida Statutes, 1998 Supplement, is amended to read:

  3         235.15  Educational plant survey; localized need

  4  assessment; PECO project funding.--

  5         (1)  At least every 5 years, each board, including the

  6  Board of Regents, shall arrange for an educational plant

  7  survey, to aid in formulating plans for housing the

  8  educational program and student population, faculty,

  9  administrators, staff, and auxiliary and ancillary services of

10  the district or campus, including consideration of the local

11  comprehensive plan. The Division of Workforce Development

12  shall document the need for additional career and adult

13  education programs and the continuation of existing programs

14  before facility construction or renovation related to career

15  or adult education may be included in the educational plant

16  survey of a school district or community college that delivers

17  career or adult education programs. Information used by the

18  Division of Workforce Development to establish facility needs

19  must include, but need not be limited to, labor market data,

20  needs analysis, and information submitted by the school

21  district or community college.

22         (c)  Review and validation.--When required by the

23  Constitution, The department shall review and validate the

24  surveys of school districts and community colleges and any

25  amendments thereto for compliance with the requirements of

26  this chapter and, when required by the State Constitution,

27  shall recommend those in compliance for approval by the State

28  Board of Education.

29         Section 3.  Subsections (4), (5), and (6) of section

30  235.175, Florida Statutes, 1998 Supplement, are amended to

31  read:

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    Florida Senate - 1999                                  SB 1848
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  1         235.175  SMART schools; Classrooms First; legislative

  2  purpose.--

  3         (4)  SMART SCHOOLS ASSISTANCE AND OVERSIGHT

  4  CLEARINGHOUSE.--It is the purpose of the Legislature to create

  5  s. 235.217, directing the Department of Education establishing

  6  the SMART Schools Clearinghouse to assist the school districts

  7  in building SMART schools utilizing functional and frugal

  8  practices. The SMART Schools Clearinghouse must review

  9  district facilities work programs and projects and identify

10  districts qualified for incentive funding available through

11  effort index grants and School Infrastructure Thrift Program

12  awards; identify opportunities to maximize design and

13  construction savings; develop school district facilities work

14  program performance standards; and provide for review and

15  recommendations to the Governor, the Legislature, and the

16  State Board of Education.

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

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

19  from state funds to assist school districts that have provided

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

21  need to build new student stations and associated core

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

23  programs. Districts must utilize state funds in accordance

24  with statutory requirements and obligate from among all

25  eligible sources an amount that is equivalent to the potential

26  available for construction from PECO funds, capital outlay and

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

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

29  grants will be based upon recommendation of the SMART Schools

30  Clearinghouse.

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    Florida Senate - 1999                                  SB 1848
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  1         (5)(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 4.  Paragraph (a) of subsection (2) of section

14  235.185, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         235.185  School district facilities work program;

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

18  work programs.--

19         (2)  PREPARATION OF TENTATIVE DISTRICT FACILITIES WORK

20  PROGRAM.--

21         (a)  Annually, prior to the adoption of the district

22  school budget, each school board shall prepare a tentative

23  district facilities work program that includes:

24         1.  A schedule of major repair and renovation projects

25  necessary to maintain the educational plant and ancillary

26  facilities of the district.

27         2.  A schedule of capital outlay projects necessary to

28  ensure the availability of satisfactory student stations for

29  the projected student enrollment in K-12 programs. This

30  schedule shall consider:

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    Florida Senate - 1999                                  SB 1848
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  1         a.  The locations, capacities, and planned utilization

  2  rates of current educational facilities of the district.

  3         b.  The proposed locations of planned facilities.

  4         c.  Plans for the use and location of relocatable

  5  facilities, leased facilities, and charter school facilities.

  6         d.  Plans for multitrack scheduling, grade level

  7  organization, block scheduling, or other alternatives that

  8  reduce the need for permanent student stations.

  9         e.  Information concerning average class size and

10  utilization rate by grade level within the district that will

11  result if the tentative district facilities work program is

12  fully implemented. The average shall not include exceptional

13  student education classes or prekindergarten classes.

14         f.  The number and percentage of district students

15  planned to be educated in relocatable facilities during each

16  year of the tentative district facilities work program.

17         g.  Plans for the closure of any school, including

18  plans for disposition of the facility or usage of facility

19  space, and anticipated revenues.

20         3.  The projected cost for each project identified in

21  the tentative district facilities work program. For proposed

22  projects for new student stations, a schedule shall be

23  prepared comparing the planned cost and square footage for

24  each new student station, by elementary, middle, and high

25  school levels, to the low, average, and high cost of

26  facilities constructed throughout the state during the most

27  recent fiscal year for which data is available from the

28  Department of Education.

29         4.  A schedule of estimated capital outlay revenues

30  from each currently approved source which is estimated to be

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    Florida Senate - 1999                                  SB 1848
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  1  available for expenditure on the projects included in the

  2  tentative district facilities work program.

  3         5.  A schedule indicating which projects included in

  4  the tentative district facilities work program will be funded

  5  from current revenues projected in subparagraph 4.

  6         6.  A schedule of options for the generation of

  7  additional revenues by the district for expenditure on

  8  projects identified in the tentative district facilities work

  9  program which are not funded under subparagraph 5. Additional

10  anticipated revenues may include effort index grants, SIT

11  Program awards, and Classrooms First funds.

12         Section 5.  Section 235.188, Florida Statutes, is

13  amended to read:

14         235.188  Full bonding required to participate in

15  programs.--Any district with unused bonding capacity in its

16  Capital Outlay and Debt Service Trust Fund allocation that

17  certifies in its district facilities work program that it will

18  not be able to meet all of its need for new student stations

19  within existing revenues must fully bond its Capital Outlay

20  and Debt Service Trust Fund allocation before it may

21  participate in Classrooms First or, the School Infrastructure

22  Thrift (SIT) Program, or the Effort Index Grants Program.

23         Section 6.  Paragraphs (a), (c), (d), and (e) of

24  subsection (1), paragraph (b) of subsection (3), subsection

25  (4), and paragraphs (d) and (e) of subsection (5) of section

26  235.217, Florida Statutes, 1998 Supplement, are amended to

27  read:

28         235.217  SMART (Soundly Made, Accountable, Reasonable,

29  and Thrifty) Schools Clearinghouse.--

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

31  to assist school districts that seek to access School

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    Florida Senate - 1999                                  SB 1848
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  1  Infrastructure Thrift (SIT) Program awards pursuant to ss.

  2  235.2155 and 235.216 or effort index grants pursuant to s.

  3  235.186. The clearinghouse must use expedited procedures in

  4  providing such assistance.

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

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

  7  first meeting no later than December 1, 1997.

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

  9  of Education Management Services for administrative and fiscal

10  accountability purposes, but it shall otherwise function

11  independently of the control and direction of the department,

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

13  agencies of the executive branch.

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

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

16  relating to design and performance standards, the SMART

17  Schools Design Directory, project delivery process, and

18  prioritization of SIT Program awards.

19         (3)  The clearinghouse shall:

20         (b)  Prioritize school district SIT Program awards and

21  effort index grants based on a review of the district

22  facilities work programs and proposed construction projects.

23         (4)  The clearinghouse may not enter into the

24  day-to-day operation of the Department of Management Services

25  or the Department of Education and is specifically prohibited

26  from taking part in any of the following activities of a

27  school district:

28         (a)  The awarding of contracts.

29         (b)  The selection of a consultant or contractor or the

30  prequalification of any individual consultant or contractor.

31  However, the clearinghouse may recommend to the commissioner

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    Florida Senate - 1999                                  SB 1848
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  1  standards and policies governing the procedure for selection

  2  and prequalification of consultants and contractors.

  3         (c)  The selection of the specific location of a

  4  facility.

  5         (5)

  6         (d)  The clearinghouse shall develop a budget request

  7  pursuant to chapter 216. The budget request is not subject to

  8  change by the Department of Education Management Services but

  9  shall be submitted to the Governor and the Legislature along

10  with the budget request of the department.

11         (e)  The clearinghouse and the Department of Education

12  shall develop a an interagency cooperation, collaboration, and

13  information-sharing agreement, as necessary to work out areas

14  of mutual concern.

15         Section 7.  Subsection (3) of section 235.218, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         235.218  School district facilities work program

18  performance and productivity standards; development;

19  measurement; application.--

20         (3)  The clearinghouse shall conduct ongoing

21  evaluations of district educational facilities program

22  performance and productivity, using the measures adopted under

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

24  finds that a district failed to perform satisfactorily, the

25  clearinghouse must recommend to the district school board

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

27  district that refuses to follow the recommended actions may be

28  denied an effort index grant.

29         Section 8.  Section 46 of chapter 97-384, Laws of

30  Florida, is amended to read:

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    Florida Senate - 1999                                  SB 1848
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  1         Section 46.  There is hereby appropriated to the

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

  3  $150 million from the General Revenue Fund and, contingent

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

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

  6  the Educational Enhancement Trust Fund. The purpose of this

  7  appropriation is to fund School Infrastructure Thrift (SIT)

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

  9  235.216, Florida Statutes., and effort index grants pursuant

10  to the provisions of s. 235.186, Florida Statutes. The maximum

11  amount of funds authorized for effort index grant awards

12  through June 30, 1998, is $70 million. Effort index grants

13  shall only be funded from the Educational Enhancement Trust

14  Fund appropriation authorized in this section. The funds

15  appropriated in this section shall not be subject to the

16  provisions of s. 216.301, Florida Statutes.

17         Section 9.  Section 235.186, Florida Statutes, as

18  created by section 5 of chapter 97-384, Laws of Florida, is

19  repealed.

20         Section 10.  Section 235.4355, Florida Statutes, as

21  created by section 19 of chapter 97-384, Laws of Florida, is

22  repealed.

23         Section 11.  This act shall take effect upon becoming a

24  law.

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  2                          SENATE SUMMARY

  3    Transfers the SMART Schools Clearinghouse to the
      Department of Education. Requires the Department of
  4    Education to validate school district surveys of
      educational facilities. Repeals s. 235.186, F.S.,
  5    relating to effort index grants and makes conforming
      changes. Transfers funds appropriated by chapter 97-384,
  6    Laws of Florida, for effort index grants to School
      Infrastructure Thrift (SIT) Program awards. Repeals s.
  7    235.4355, F.S., relating to the SMART Schools Small
      County Assistance Program for fiscal year 1998-1999.
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