Senate Bill 1848c1

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    Florida Senate - 1999                           CS for SB 1848

    By the Committee on Governmental Oversight and Productivity;
    and Senator Clary




    302-2122-99

  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         amending s. 235.056, F.S.; requiring certain

  4         plans to be prepared by an appropriate design

  5         professional; amending s. 235.0155, F.S.;

  6         revising the fee for prototype plans usage;

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

  8         of certain surveys; amending s. 235.2155, F.S.;

  9         revising School Infrastructure Thrift awards

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

11         authorizing enhanced School Infrastructure

12         Thrift Awards; specifying eligibility criteria;

13         repealing s. 235.186, F.S., relating to effort

14         index grants; amending ss. 235.175, 235.185,

15         235.188, 235.217, 235.218, F.S.; conforming

16         provisions; deleting obsolete provisions;

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

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

19         specifying areas exempt from operable glazing;

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

21         authority of contracts; amending s. 46 of ch.

22         97-384, Laws of Florida, relating to

23         appropriations for School Infrastructure Thrift

24         Program awards and effort index grants;

25         limiting the appropriation to such awards;

26         deleting funding for and references to effort

27         index grants; amending s. 235.061; providing

28         for the adoption of standards for relocatable

29         classrooms; amending s. 404.056, F.S.; revising

30         requirements related to radon testing;

31         repealing s. 235.186, F.S., relating to effort

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  1         index grants for school district facilities

  2         work program projects; repealing s. 235.4355,

  3         F.S., relating to SMART Schools Small County

  4         Assistance Program for Fiscal Year 1998-1999;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Paragraph (b) of subsection (3) of section

10  235.056, Florida Statutes, 1998 Supplement, is amended to

11  read:

12         235.056  Lease, rental, and lease-purchase of

13  educational facilities and sites.--

14         (3)

15         (b)  Prior to occupying a rented or a leased existing

16  building, or space within an existing building, pursuant to

17  this subsection, a school board shall, in a public meeting,

18  adopt a resolution certifying that the following circumstances

19  apply to the building proposed for occupancy:

20         1.  Growth among the school-age population in the

21  school district has created a need for new educational

22  facilities in a neighborhood where there is little or no

23  vacant land.

24         2.  There exists a supply of vacant space in existing

25  buildings that meet state minimum building and life safety

26  codes.

27         3.  Acquisition and conversion to use as educational

28  facilities of an existing building or buildings is a

29  cost-saving means of providing the needed classroom space as

30  determined by the difference between the cost of new

31  construction, including land acquisition and preparation and,

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  1  if applicable, demolition of existing structures, and the cost

  2  of acquisition through rental or lease and conversion of an

  3  existing building or buildings.

  4         4.  The building has been examined for suitability,

  5  safety, and conformance with state minimum building and life

  6  safety codes. The building examination shall consist, at a

  7  minimum, of a review of existing documents, building site

  8  reconnaissance, and analysis of the building conducted by, or

  9  under the responsible charge of, a licensed structural

10  engineer.

11         5.  A certificate of evaluation has been issued by an

12  appropriately licensed design professional  the structural

13  engineer which states that, based on available documents,

14  building site reconnaissance, current knowledge, and design

15  engineering judgment in the professional's engineer's

16  professional opinion, the building meets the requirements of

17  state minimum building and life safety codes, provides safe

18  egress of occupants from the building, provides adequate

19  firesafety, and does not pose a substantial threat to life to

20  persons who would occupy the building for classroom use.

21         6.  The plans for conversion of the building were

22  prepared by an appropriate design professional architect or

23  structural engineer licensed in this state, and the work of

24  conversion was performed by contractors licensed in this

25  state.

26         7.  The conversion of the building was observed by an

27  appropriate design professional architect or structural

28  engineer licensed in this state.

29         8.  The building has been reviewed, inspected, and

30  granted a certificate of occupancy by the local building

31  department.

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  1         9.  All ceilings, light fixtures, ducts, and registers

  2  within the area to be occupied for classroom purposes were

  3  constructed or have been reconstructed to meet state minimum

  4  requirements.

  5         Section 2.  Subsection (3) of section 235.0155, Florida

  6  Statutes, is amended to read:

  7         235.0155  Prototype designs.--

  8         (3)  District school boards may use the prototype plans

  9  free of charge from the department for all new facilities.

10  Site adaptations, minor plan modifications, inspections,

11  contract award, contract management, and final acceptance of

12  the project shall be provided under contracts held by the

13  school board.

14         Section 3.  Paragraph (c) of subsection (1) of section

15  235.15, Florida Statutes, 1998 Supplement, is amended to read:

16         235.15  Educational plant survey; localized need

17  assessment; PECO project funding.--

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

19  Board of Regents, shall arrange for an educational plant

20  survey, to aid in formulating plans for housing the

21  educational program and student population, faculty,

22  administrators, staff, and auxiliary and ancillary services of

23  the district or campus, including consideration of the local

24  comprehensive plan. The Division of Workforce Development

25  shall document the need for additional career and adult

26  education programs and the continuation of existing programs

27  before facility construction or renovation related to career

28  or adult education may be included in the educational plant

29  survey of a school district or community college that delivers

30  career or adult education programs. Information used by the

31  Division of Workforce Development to establish facility needs

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

  2  needs analysis, and information submitted by the school

  3  district or community college.

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

  5  Constitution, The department shall review and validate the

  6  surveys of school districts and community colleges and any

  7  amendments thereto for compliance with the requirements of

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

  9  shall recommend those in compliance for approval by the State

10  Board of Education.

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

12  235.175, Florida Statutes, 1998 Supplement, are amended to

13  read:

14         235.175  SMART schools; Classrooms First; legislative

15  purpose.--

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

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

18  Schools Clearinghouse to assist the school districts in

19  building SMART schools utilizing functional and frugal

20  practices. The SMART Schools Clearinghouse must review

21  district facilities work programs and projects and identify

22  districts qualified for incentive funding available through

23  effort index grants and School Infrastructure Thrift Program

24  awards; identify opportunities to maximize design and

25  construction savings; develop school district facilities work

26  program performance standards; and provide for review and

27  recommendations to the Governor, the Legislature, and the

28  State Board of Education.

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

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

31  from state funds to assist school districts that have provided

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

  2  need to build new student stations and associated core

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

  4  programs. Districts must utilize state funds in accordance

  5  with statutory requirements and obligate from among all

  6  eligible sources an amount that is equivalent to the potential

  7  available for construction from PECO funds, capital outlay and

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

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

10  grants will be based upon recommendation of the SMART Schools

11  Clearinghouse.

12         (5)(6)  SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM

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

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

15  incentive award program to encourage functional, frugal

16  facilities and practices and to reward school districts that

17  increase their capital outlay funding through local efforts.

18  Districts that find ways to reduce the cost of, or eliminate

19  the need for, constructing educational facilities can receive

20  SIT Program awards equal to 50 percent of the amount saved. In

21  addition, districts may submit new schools to receive a SIT

22  Program SMART school of the year recognition award. SIT

23  Program awards will be based upon recommendation of the SMART

24  Schools Clearinghouse and may be used for any authorized

25  capital expenditure.

26         Section 5.  Paragraph (a) of subsection (2) of section

27  235.185, Florida Statutes, 1998 Supplement, is amended to

28  read:

29         235.185  School district facilities work program;

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

31  work programs.--

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  1         (2)  PREPARATION OF TENTATIVE DISTRICT FACILITIES WORK

  2  PROGRAM.--

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

  4  school budget, each school board shall prepare a tentative

  5  district facilities work program that includes:

  6         1.  A schedule of major repair and renovation projects

  7  necessary to maintain the educational plant and ancillary

  8  facilities of the district.

  9         2.  A schedule of capital outlay projects necessary to

10  ensure the availability of satisfactory student stations for

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

12  schedule shall consider:

13         a.  The locations, capacities, and planned utilization

14  rates of current educational facilities of the district.

15         b.  The proposed locations of planned facilities.

16         c.  Plans for the use and location of relocatable

17  facilities, leased facilities, and charter school facilities.

18         d.  Plans for multitrack scheduling, grade level

19  organization, block scheduling, or other alternatives that

20  reduce the need for permanent student stations.

21         e.  Information concerning average class size and

22  utilization rate by grade level within the district that will

23  result if the tentative district facilities work program is

24  fully implemented. The average shall not include exceptional

25  student education classes or prekindergarten classes.

26         f.  The number and percentage of district students

27  planned to be educated in relocatable facilities during each

28  year of the tentative district facilities work program.

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

30  plans for disposition of the facility or usage of facility

31  space, and anticipated revenues.

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  1         3.  The projected cost for each project identified in

  2  the tentative district facilities work program. For proposed

  3  projects for new student stations, a schedule shall be

  4  prepared comparing the planned cost and square footage for

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

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

  7  facilities constructed throughout the state during the most

  8  recent fiscal year for which data is available from the

  9  Department of Education.

10         4.  A schedule of estimated capital outlay revenues

11  from each currently approved source which is estimated to be

12  available for expenditure on the projects included in the

13  tentative district facilities work program.

14         5.  A schedule indicating which projects included in

15  the tentative district facilities work program will be funded

16  from current revenues projected in subparagraph 4.

17         6.  A schedule of options for the generation of

18  additional revenues by the district for expenditure on

19  projects identified in the tentative district facilities work

20  program which are not funded under subparagraph 5. Additional

21  anticipated revenues may include effort index grants, SIT

22  Program awards, and Classrooms First funds.

23         Section 6.  Section 235.188, Florida Statutes, is

24  amended to read:

25         235.188  Full bonding required to participate in

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

27  Capital Outlay and Debt Service Trust Fund allocation that

28  certifies in its district facilities work program that it will

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

30  within existing revenues must fully bond its Capital Outlay

31  and Debt Service Trust Fund allocation before it may

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  1  participate in Classrooms First or, the School Infrastructure

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

  3         Section 7.  Subsection (4) of section 235.211, Florida

  4  Statutes, is amended to read:

  5         235.211  Educational facilities contracting and

  6  construction techniques.--

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

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

  9  used for the development of plans for the erection,

10  enlargement, or alteration of any educational facility. The

11  services of a registered architect are not required for a

12  minor renovation project for which the construction cost is

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

14  relocatable educational facilities that conform with standards

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

16  provide compliance with building code requirements and ensure

17  that these structures are adequately anchored for wind

18  resistance as required by law. Boards are encouraged to

19  consider the reuse of existing construction documents or

20  design criteria packages where such reuse is feasible and

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

22  the architectural services for the design of educational or

23  ancillary facilities under an existing contract agreement for

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

25  Florida, provided that the purchase is to the economic

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

27  standards prescribed by rules of the Commissioner of

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

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

30  criteria are being reused. The department shall review these

31  Plans shall be reviewed for compliance with the state

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  1  requirements for educational facilities.  Rules adopted under

  2  this section must establish uniform prequalification,

  3  selection, bidding, and negotiation procedures applicable to

  4  construction management contracts and the design-build

  5  process.  This section does not supersede any small,

  6  woman-owned or minority-owned business enterprise preference

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

  8  this section, the negotiation procedures applicable to

  9  construction management contracts and the design-build process

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

11  not modify any rules regarding construction management

12  contracts or the design-build process.

13         Section 8.  Paragraph (a) of subsection (3) and

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

15  1998 Supplement, are amended to read:

16         235.2155  School Infrastructure Thrift Program Act.--

17         (3)  The SIT Program is designed as:

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

19         1.  Savings realized through functional, frugal

20  construction.

21         2.  Savings realized through the operation of charter

22  schools in non-school-district facilities.

23         3.  Increasing capital outlay funding through local

24  efforts.

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

26  commissioner from funds appropriated by the Legislature. An

27  award funded by an appropriation from the General Revenue Fund

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

29  award funded by an appropriation of the proceeds of bonds

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

31  capital outlay projects.

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

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

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

  4  the savings realized from the district's frugality.

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

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

  7  Clearinghouse, The commissioner may present a trophy or plaque

  8  and a cash award to the school recommended by the SMART

  9  Schools Clearinghouse for a SMART school of the year

10  recognition award.

11         Section 9.  Section 235.216, Florida Statutes, 1998

12  Supplement, is amended to read:

13         235.216  SIT Program award eligibility; maximum cost

14  per student station of educational facilities; frugality

15  incentives; local effort awards; recognition awards.--

16         (1)  It is the intent of the Legislature that district

17  school boards that seek awards of SIT Program funds use due

18  diligence and sound business practices in the design,

19  construction, and use of educational facilities.

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

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

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

23         (a)  New construction of educational facilities if the

24  cost per student station is less than:

25         1.  $11,600 for an elementary school,

26         2.  $13,300 for a middle school, or

27         3.  $17,600 for a high school,

28

29  (1997) as adjusted annually by the Consumer Price Index. The

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

31  recommended by the SMART Schools Clearinghouse.

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  1         (b)  Operation of charter schools in

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

  3  this paragraph shall be as recommended by the SMART Schools

  4  Clearinghouse. After the initial award, the recommendation

  5  must be based on savings realized from proportionate district

  6  increase in such charter school enrollment in excess of

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

  8  of such savings.

  9         (3)(a)  The SMART Schools Clearinghouse shall recommend

10  the payment of an additional enhanced SIT award equal to 25

11  percent of the SIT award granted under paragraph (2)(a) if the

12  construction contract for the educational facility that

13  generated the SIT award was granted during a year in which the

14  school district was:

15         1.  Levying more than 2 mills of voted and nonvoted ad

16  valorem taxes for capital outlay purposes;

17         2.  Receiving direct proceeds from the half-cent local

18  option sales surtax authorized by s. 212.055(7); or

19         3.  Receiving direct proceeds from the local government

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

21         (b)  A school district seeking an enhanced SIT award

22  shall certify to the clearinghouse that the district meets the

23  eligibility criteria for an enhanced SIT award. The

24  certification shall be submitted with the application for the

25  related SIT award.

26         (4)(3)  Beginning with the 1998-1999 fiscal year, a

27  school district may seek a SMART school of the year

28  recognition award for building the highest quality functional,

29  frugal school.

30

31

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  1         Section 10.  Subsection (1), and paragraph (b) of

  2  subsection (3), of section 235.217, Florida Statutes, 1998

  3  Supplement, are amended to read:

  4         235.217  SMART (Soundly Made, Accountable, Reasonable,

  5  and Thrifty) Schools Clearinghouse.--

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

  7  to assist school districts that seek to access School

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

  9  235.2155 and 235.216 or effort index grants pursuant to s.

10  235.186. The clearinghouse must use expedited procedures in

11  providing such assistance.

12         (b)  The clearinghouse shall consist of five members

13  who are not members of the Legislature or school district

14  officers or employees and who have substantial business

15  experience in the private sector. Two members shall be

16  appointed by the Governor for initial 1-year and 3-year terms,

17  respectively. One member shall be appointed by the President

18  of the Senate for an initial 2-year term. One member shall be

19  appointed by the Speaker of the House of Representatives for

20  an initial 2-year term. The Commissioner of Education or a

21  designee shall be a member. All subsequent terms of the four

22  appointed members shall be 3 years. The Governor's appointee

23  for the initial 3-year term shall chair the clearinghouse, and

24  each subsequent holder of that position shall serve as the

25  chair.

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

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

28  first meeting no later than December 1, 1997.

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

30  of Management Services for administrative and fiscal

31  accountability purposes, but it shall otherwise function

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  1  independently of the control and direction of the department,

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

  3  agencies of the executive branch.

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

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

  6  relating to design and performance standards, the SMART

  7  Schools Design Directory, project delivery process, and

  8  prioritization of SIT Program awards.

  9         (3)  The clearinghouse shall:

10         (b)  Prioritize school district SIT Program awards and

11  effort index grants based on a review of the district

12  facilities work programs and proposed construction projects.

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

14  235.212, Florida Statutes, is amended to read:

15         235.212  Low-energy use design; solar energy systems;

16  swimming pool heaters.--

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

18  features shall be included in the design and construction of

19  new educational facilities. Operable glazing consisting of at

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

21  classroom located on the perimeter of the building. Operable

22  glazing is not required, except in community colleges,

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

24  rooms, special laboratories requiring special climate control,

25  and large group instruction areas having a capacity of more

26  than 100 persons.

27         Section 12.  Paragraph (a) of subsection (1) of section

28  235.31, Florida Statutes, 1998 Supplement, is amended to read:

29         235.31  Advertising and awarding contracts;

30  prequalification of contractor.--

31

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

  2  been voted upon and authorized or funds have been made

  3  available for the construction, remodeling, renovation,

  4  demolition, or otherwise for the improvement, of any

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

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

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

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

  9  for the building or improvements to the lowest responsible

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

11  the bid of the lowest responsible bidder exceeds the

12  construction budget for the project established at the phase

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

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

15  negotiate the construction contract or modify the contract,

16  including the specifications, with the lowest responsible

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

18  documents to the authorized review authority department for

19  review to confirm that the project remains in compliance with

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

21  received and may readvertise, calling for new bids.

22         Section 13.  Subsection (3) of section 235.218, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         235.218  School district facilities work program

25  performance and productivity standards; development;

26  measurement; application.--

27         (3)  The clearinghouse shall conduct ongoing

28  evaluations of district educational facilities program

29  performance and productivity, using the measures adopted under

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

31  finds that a district failed to perform satisfactorily, the

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  1  clearinghouse must recommend to the district school board

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

  3  district that refuses to follow the recommended actions may be

  4  denied an effort index grant.

  5         Section 14.  Section 46 of chapter 97-384, Laws of

  6  Florida, is amended to read:

  7         Section 46.  There is hereby appropriated to the

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

  9  $150 million from the General Revenue Fund and, contingent

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

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

12  the Educational Enhancement Trust Fund. The purpose of this

13  appropriation is to fund School Infrastructure Thrift (SIT)

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

15  235.216, Florida Statutes., and effort index grants pursuant

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

17  amount of funds authorized for effort index grant awards

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

19  shall only be funded from the Educational Enhancement Trust

20  Fund appropriation authorized in this section. The funds

21  appropriated in this section shall not be subject to the

22  provisions of s. 216.301, Florida Statutes.

23         Section 15.  Subsection (1) of section 235.061, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         235.061  Standards for relocatables used as classroom

26  space; inspections.--

27         (1)  The Commissioner of Education shall adopt rules

28  establishing standards for relocatables intended for long-term

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

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

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

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

  2  1998, and each relocatable acquired by a district school board

  3  after the effective date of the rules and intended for

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

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

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

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

  8  requiring compliance with the Uniform Building Code for Public

  9  Educational Facilities or other locally adopted state minimum

10  building codes to ensure the safety and stability of

11  construction and onsite installation; fire and moisture

12  protection; air quality and ventilation; appropriate wind

13  resistance; and compliance with the requirements of the

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

15  standards must also require relocatables to provide access to

16  the same technologies available to similar classrooms within

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

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

19  commissioner shall adopt standards for all relocatables

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

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

22  shall not be reported as providing satisfactory student

23  stations in the Florida Inventory of School Houses.

24         Section 16.  Subsection (5) of section 404.056, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         404.056  Environmental radiation standards and

27  programs; radon protection.--

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

29  buildings or school sites housing students in kindergarten

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

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

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






    Florida Senate - 1999                           CS for SB 1848
    302-2122-99




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

  2  which are located in counties designated within the Department

  3  of Community Affairs' Florida Radon Protection Map Categories

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

  5  measured to determine the level of indoor radon, using

  6  measurement procedures established by the department. Testing

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

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

  9  regulated buildings. Initial measurements shall be completed

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

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

12  completed in 5 percent of the habitable first floor spaces

13  within any of the regulated buildings after the building has

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

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

16  measurements have been made twice, regulated buildings need

17  not undergo further testing unless significant structural

18  changes occur. Where fill soil is required for the

19  construction of a regulated building, initial testing of fill

20  soil must be performed using measurement procedures

21  established by the department, and the results must be

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

23  repeated measurements shall be performed and reported to the

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

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

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

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

28  certifies this in writing to the department.  The provisions

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

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

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

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






    Florida Senate - 1999                           CS for SB 1848
    302-2122-99




  1         Section 17.  Section 235.186, Florida Statutes, as

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

  3  repealed.

  4         Section 18.  Section 235.4355, Florida Statutes, as

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

  6  repealed.

  7         Section 19.  This act shall take effect upon becoming a

  8  law.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1848

12

13  The Committee Substitute:

14  1. Provides for school plant plan review by appropriately
    licensed professionals other than structural engineers.
15
    2. Eliminates the free use of prototype plans for school
16  construction.

17  3. Eliminates Effort Index Grants.

18  4. Provides for school construction or renovation plan review
    by the appropriate reviewing authority.
19
    5. Provides for an enhanced SIT program for school districts
20  which achieve certain local effort requirements and construct
    frugal schools.
21
    6. Exempts certain rooms and community colleges from operable
22  glazing requirements on windows.

23  7. Provides for standard setting by the Commissioner of
    education on relocatable classrooms by the year 2003.
24
    8. Revises radon testing frequency and application to
25  facilities in intermediate or elevated radon areas.

26

27

28

29

30

31

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