Senate Bill 1848e3

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    CS for SB 1848                           Third Engrossed (ntc)



  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. 235.175, F.S.;

  9         deleting formula for School Infrastructure

10         Thrift awards and effort index grants; amending

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

12         effort index grants; revising the eligibility

13         criteria and allocation formula for effort

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

15         revising School Infrastructure Thrift awards

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

17         authorizing enhanced School Infrastructure

18         Thrift Awards; specifying eligibility criteria;

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

20         provisions; deleting obsolete provisions;

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

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

23         specifying areas exempt from operable glazing;

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

25         authority of contracts; amending s. 235.061,

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

27         for relocatable classrooms; amending s.

28         404.056, F.S.; revising requirements related to

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

30         Laws of Florida, relating to appropriations for

31         School Infrastructure Thrift Program awards and


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  1         effort index grants; specifying the amount

  2         authorized for effort index grants; amending s.

  3         235.26, F.S.; requiring district school boards

  4         to comply with certain standards for

  5         construction materials and systems based on

  6         life-cycle costs; providing an exception;

  7         requiring a public hearing; repealing s.

  8         235.4355, F.S., relating to SMART Schools Small

  9         County Assistance Program for Fiscal Year

10         1998-1999; providing an effective date.

11

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

13

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

15  235.056, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         235.056  Lease, rental, and lease-purchase of

18  educational facilities and sites.--

19         (3)

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

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

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

23  adopt a resolution certifying that the following circumstances

24  apply to the building proposed for occupancy:

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

26  school district has created a need for new educational

27  facilities in a neighborhood where there is little or no

28  vacant land.

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

30  buildings that meet state minimum building and life safety

31  codes.


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  1         3.  Acquisition and conversion to use as educational

  2  facilities of an existing building or buildings is a

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

  4  determined by the difference between the cost of new

  5  construction, including land acquisition and preparation and,

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

  7  of acquisition through rental or lease and conversion of an

  8  existing building or buildings.

  9         4.  The building has been examined for suitability,

10  safety, and conformance with state minimum building and life

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

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

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

14  under the responsible charge of, a licensed structural

15  engineer.

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

17  appropriately licensed design professional  the structural

18  engineer which states that, based on available documents,

19  building site reconnaissance, current knowledge, and design

20  engineering judgment in the professional's engineer's

21  professional opinion, the building meets the requirements of

22  state minimum building and life safety codes, provides safe

23  egress of occupants from the building, provides adequate

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

25  persons who would occupy the building for classroom use.

26         6.  The plans for conversion of the building were

27  prepared by an appropriate design professional architect or

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

29  conversion was performed by contractors licensed in this

30  state.

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

  2  appropriate design professional architect or structural

  3  engineer licensed in this state.

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

  5  granted a certificate of occupancy by the local building

  6  department.

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

  8  within the area to be occupied for classroom purposes were

  9  constructed or have been reconstructed to meet state minimum

10  requirements.

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

12  Statutes, is amended to read:

13         235.0155  Prototype designs.--

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

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

16  Site adaptations, minor plan modifications, inspections,

17  contract award, contract management, and final acceptance of

18  the project shall be provided under contracts held by the

19  school board.

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

21  235.15, Florida Statutes, 1998 Supplement, is amended to read:

22         235.15  Educational plant survey; localized need

23  assessment; PECO project funding.--

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

25  Board of Regents, shall arrange for an educational plant

26  survey, to aid in formulating plans for housing the

27  educational program and student population, faculty,

28  administrators, staff, and auxiliary and ancillary services of

29  the district or campus, including consideration of the local

30  comprehensive plan. The Division of Workforce Development

31  shall document the need for additional career and adult


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  1  education programs and the continuation of existing programs

  2  before facility construction or renovation related to career

  3  or adult education may be included in the educational plant

  4  survey of a school district or community college that delivers

  5  career or adult education programs. Information used by the

  6  Division of Workforce Development to establish facility needs

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

  8  needs analysis, and information submitted by the school

  9  district or community college.

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

11  Constitution, The department shall review and validate the

12  surveys of school districts and community colleges and any

13  amendments thereto for compliance with the requirements of

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

15  shall recommend those in compliance for approval by the State

16  Board of Education.

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

18  235.175, Florida Statutes, 1998 Supplement, are amended to

19  read:

20         235.175  SMART schools; Classrooms First; legislative

21  purpose.--

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

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

24  Schools Clearinghouse to assist the school districts in

25  building SMART schools utilizing functional and frugal

26  practices. The SMART Schools Clearinghouse must review

27  district facilities work programs and projects and identify

28  districts qualified for incentive funding available through

29  effort index grants and School Infrastructure Thrift Program

30  awards; identify opportunities to maximize design and

31  construction savings; develop school district facilities work


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  1  program performance standards; and provide for review and

  2  recommendations to the Governor, the Legislature, and the

  3  State Board of Education.

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

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

  6  from state funds to assist school districts that have provided

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

  8  need to build new student stations and associated core

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

10  programs. Districts must utilize state funds in accordance

11  with statutory requirements and obligate from among all

12  eligible sources an amount that is equivalent to the potential

13  available for construction from PECO funds, capital outlay and

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

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

16  grants will be based upon recommendation of the SMART Schools

17  Clearinghouse.

18         (6)  SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM

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

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

21  incentive award program to encourage functional, frugal

22  facilities and practices. Districts that find ways to reduce

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

24  educational facilities can receive SIT Program awards equal to

25  50 percent of the amount saved. In addition, districts may

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

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

28  upon recommendation of the SMART Schools Clearinghouse and may

29  be used for any authorized capital expenditure.

30         Section 5.  Section 235.186, Florida Statutes, 1998

31  Supplement, is amended to read:


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  1         235.186  Effort index grants for school district

  2  facilities work program projects.--

  3         (1)  The Legislature hereby allocates for effort index

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

  5  from the Educational Enhancement Trust Fund by section 46 of

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

  7  school capital outlay bonds. From these funds, the

  8  Commissioner of Education shall allocate to the four school

  9  districts deemed eligible for an effort index grant by the

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

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

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

13  $414,950 to the Madison County School District. The remaining

14  funds shall be allocated among the remaining district school

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

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

17  paragraph (b).

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

19  school district received direct proceeds from the

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

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

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

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

24  criteria:

25         1.  Levied the full 2 mills of nonvoted discretionary

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

27  1996-1997, 1997-1998, and 1998-1999.

28         2.  Levied a cumulative voted millage for capital

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

30  1995 through 1999.

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  1         3.  Received proceeds of school impact fees greater

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

  3  1998.

  4         4.  Received direct proceeds from either the

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

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

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

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

  9  program be administered as nearly as is practicable in the

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

11  9(d), Art. XII of the State Constitution. Each district school

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

13  must be calculated according to the following formula using

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

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

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

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

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

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

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

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

22  capital outlay full-time-equivalent membership as specified

23  for the allocation of funds from the Public Education Capital

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

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

26  among district school boards according to the allocation

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

28         (3)  A district school board shall expend the funds

29  received under this section only to:

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

31  educational facilities; or


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

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

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

  4  proceeds shall be expended first for providing permanent

  5  classroom facilities and related auxiliary facilities. Bond

  6  proceeds may not be expended for any other facilities until

  7  all unmet needs for permanent classrooms and auxiliary

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

  9

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

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

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

13  repair, or remodeling of existing schools, except that

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

15  students are exempt from this requirement.

16         (4)  Each district school board that pledges moneys

17  under paragraph (3)(b) shall notify the Department of

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

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

20  The Department of Education shall review the proposal of each

21  district school board for compliance with this section and

22  shall forward all approved proposals to the Division of Bond

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

24  approved school districts.

25         (5)  A district school board that chooses to pledge

26  allocations from the Classrooms First Program for the issuance

27  of bonds must encumber those bond proceeds before pledging

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

29  to this section.

30         (6)  A school district may receive a distribution for

31  use pursuant to paragraph (3)(a) only if the district school


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  1  board certifies to the Commissioner of Education that the

  2  district has no unmet need for permanent classroom facilities

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

  4  contains such unmet needs, the district must use its

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

  6  If the district does not require its full bonded distribution

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

  8  of its allocation necessary to meet the needs.

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

10  Schools Clearinghouse established pursuant to s. 235.217 shall

11  review the adopted district facilities work program of each

12  district to ensure compliance with the provisions of s.

13  235.185 and to determine the district's eligibility to receive

14  an effort index grant for local school facilities projects

15  pursuant to this section. Projects identified in a district

16  facilities work program which are eligible to receive an

17  effort index grant shall be limited to those projects which

18  provide new student stations and associated core facility

19  space to meet student membership requirements in K-12

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

21  relocatable classrooms which meet standards.

22         (2)  COMPUTATION OF REQUIRED LOCAL EFFORT AMOUNT FOR

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

24  eligible to receive an effort index grant pursuant to this

25  section, the clearinghouse shall certify that the district

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

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

28  available during the period covered by the district facilities

29  work program from the following four sources for eligible

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

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  1         (a)  Public Education Capital Outlay and Debt Service

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

  3         (b)  The maximum potential bond proceeds available from

  4  the School District and Community College District Capital

  5  Outlay and Debt Service Trust Fund.

  6         (c)  Proceeds from the Classrooms First Program

  7  authorized in s. 235.187.

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

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

10  period.

11         (3)  ELIGIBLE REVENUE SOURCES FOR REQUIRED LOCAL

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

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

14  limited to:

15         (a)  Public Education Capital Outlay and Debt Service

16  Trust Fund distributions for construction pursuant to s.

17  235.42.

18         (b)  School District and Community College District

19  Capital Outlay and Debt Service Trust Fund distributions.

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

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

22         (d)  Direct proceeds from the local government

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

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

25  capital outlay levy authorized in s. 236.25.

26         (f)  Direct proceeds from district voted millage for

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

28  State Constitution.

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

30  received pursuant to ss. 235.2155 and 235.216.

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  1         (h)  Classrooms First Program proceeds received

  2  pursuant to s. 235.187.

  3         (i)  Private donations.

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

  5  organizations.

  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 clearinghouse shall calculate the district's planned basic

11  capital outlay expenditures that may be eligible for an effort

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

13  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 clearinghouse's

31  calculation for effort index grants for projects initiated


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

  2  student station or the cost per student station calculated

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

  4         (5)  ALLOCATION OF EFFORT INDEX GRANTS FOR DISTRICT

  5  FACILITIES.--

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

  7  or greater than the calculated required effort amount for the

  8  eligible expenditures, the district shall be eligible for an

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

10  calculating need from the actual cost per student station or

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

12  whichever is less, plus debt service payments for new

13  construction, remodeling, renovation, or major repair of

14  educational facilities less the calculated required effort

15  amount.

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

17  report to the Governor and the Legislature on the amount

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

19  following 5 years.

20         (c)  Districts demonstrating inability to finance

21  eligible projects in their district facilities work programs

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

23  eligible to receive effort index grants, subject to

24  legislative appropriations for this purpose.

25         (d)  If legislative appropriations are insufficient to

26  fully fund the eligible total statewide qualified effort index

27  grants as calculated by the clearinghouse, priority

28  consideration shall be given to providing effort index grants

29  to those districts based upon:

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

31  effort index in subsection (2); and


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  1         2.  The extent to which they have maximized their

  2  revenue generating potential from the district effort index in

  3  subsection (2) through the purchase of certificates of

  4  participation, the sale of bonds, or other appropriate

  5  long-term financing.

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

  7  Statutes, is amended to read:

  8         235.211  Educational facilities contracting and

  9  construction techniques.--

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

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

12  used for the development of plans for the erection,

13  enlargement, or alteration of any educational facility. The

14  services of a registered architect are not required for a

15  minor renovation project for which the construction cost is

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

17  relocatable educational facilities that conform with standards

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

19  provide compliance with building code requirements and ensure

20  that these structures are adequately anchored for wind

21  resistance as required by law. Boards are encouraged to

22  consider the reuse of existing construction documents or

23  design criteria packages where such reuse is feasible and

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

25  the architectural services for the design of educational or

26  ancillary facilities under an existing contract agreement for

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

28  Florida, provided that the purchase is to the economic

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

30  standards prescribed by rules of the Commissioner of

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


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

  2  criteria are being reused. The department shall review these

  3  Plans shall be reviewed for compliance with the state

  4  requirements for educational facilities.  Rules adopted under

  5  this section must establish uniform prequalification,

  6  selection, bidding, and negotiation procedures applicable to

  7  construction management contracts and the design-build

  8  process.  This section does not supersede any small,

  9  woman-owned or minority-owned business enterprise preference

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

11  this section, the negotiation procedures applicable to

12  construction management contracts and the design-build process

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

14  not modify any rules regarding construction management

15  contracts or the design-build process.

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

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

18  1998 Supplement, are amended to read:

19         235.2155  School Infrastructure Thrift Program Act.--

20         (3)  The SIT Program is designed as:

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

22         1.  Savings realized through functional, frugal

23  construction.

24         2.  Savings realized through the operation of charter

25  schools in non-school-district facilities during the

26  1996-1997, 1997-1998, 1998-1999, and 1999-2000 school years.

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

28  commissioner from funds appropriated by the Legislature. An

29  award funded by an appropriation from the General Revenue Fund

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

31  award funded by an appropriation of the proceeds of bonds


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

  2  capital outlay projects.

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

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

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

  6  the savings realized from the district's frugality.

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

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

  9  Clearinghouse, the commissioner may present a trophy or plaque

10  and a cash award to the school.

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

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

13         235.216  SIT Program award eligibility; maximum cost

14  per student station of educational facilities; frugality

15  incentives; recognition awards.--

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

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

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

19         (a)  New construction of educational facilities if the

20  cost per student station is less than:

21         1.  $11,600 for an elementary school,

22         2.  $13,300 for a middle school, or

23         3.  $17,600 for a high school,

24

25  (1997) as adjusted annually by the Consumer Price Index. The

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

27  recommended by the SMART Schools Clearinghouse.

28         (b)  Operation of charter schools in

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

30  this paragraph shall be as recommended by the SMART Schools

31  Clearinghouse. After the initial award, the recommendation


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  1  must be based on savings realized from proportionate district

  2  increase in such charter school enrollment in excess of

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

  4  of such savings.

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

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

  7  for building the highest quality functional, frugal school.

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

  9  award to the school recommended by the SMART Schools

10  Clearinghouse for a SMART school of the year recognition

11  award.

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

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

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

15         235.217  SMART (Soundly Made, Accountable, Reasonable,

16  and Thrifty) Schools Clearinghouse.--

17         (1)

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

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

20  first meeting no later than December 1, 1997.

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

22  of Management Services for administrative and fiscal

23  accountability purposes, but it shall otherwise function

24  independently of the control and direction of the department,

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

26  agencies of the executive branch.

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

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

29  relating to design and performance standards, the SMART

30  Schools Design Directory, project delivery process, and

31  prioritization of SIT Program awards.


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    CS for SB 1848                           Third Engrossed (ntc)



  1         (3)  The clearinghouse shall:

  2         (b)  Prioritize school district SIT Program awards and

  3  effort index grants based on a review of the district

  4  facilities work programs and proposed construction projects.

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

  6  235.212, Florida Statutes, is amended to read:

  7         235.212  Low-energy use design; solar energy systems;

  8  swimming pool heaters.--

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

10  features shall be included in the design and construction of

11  new educational facilities. Operable glazing consisting of at

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

13  classroom located on the perimeter of the building. Operable

14  glazing is not required, except in community colleges,

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

16  rooms, special laboratories requiring special climate control,

17  and large group instruction areas having a capacity of more

18  than 100 persons.

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

20  235.31, Florida Statutes, 1998 Supplement, is amended to read:

21         235.31  Advertising and awarding contracts;

22  prequalification of contractor.--

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

24  been voted upon and authorized or funds have been made

25  available for the construction, remodeling, renovation,

26  demolition, or otherwise for the improvement, of any

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

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

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

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

31  for the building or improvements to the lowest responsible


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    CS for SB 1848                           Third Engrossed (ntc)



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

  2  the bid of the lowest responsible bidder exceeds the

  3  construction budget for the project established at the phase

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

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

  6  negotiate the construction contract or modify the contract,

  7  including the specifications, with the lowest responsible

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

  9  documents to the authorized review authority department for

10  review to confirm that the project remains in compliance with

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

12  received and may readvertise, calling for new bids.

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

14  Statutes, 1998 Supplement, is amended to read:

15         235.218  School district facilities work program

16  performance and productivity standards; development;

17  measurement; application.--

18         (3)  The clearinghouse shall conduct ongoing

19  evaluations of district educational facilities program

20  performance and productivity, using the measures adopted under

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

22  finds that a district failed to perform satisfactorily, the

23  clearinghouse must recommend to the district school board

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

25  district that refuses to follow the recommended actions may be

26  denied an effort index grant.

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

28  Statutes, 1998 Supplement, is amended to read:

29         235.061  Standards for relocatables used as classroom

30  space; inspections.--

31


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    CS for SB 1848                           Third Engrossed (ntc)



  1         (1)  The Commissioner of Education shall adopt rules

  2  establishing standards for relocatables intended for long-term

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

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

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

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

  7  1998, and each relocatable acquired by a district school board

  8  after the effective date of the rules and intended for

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

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

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

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

13  requiring compliance with the Uniform Building Code for Public

14  Educational Facilities or other locally adopted state minimum

15  building codes to ensure the safety and stability of

16  construction and onsite installation; fire and moisture

17  protection; air quality and ventilation; appropriate wind

18  resistance; and compliance with the requirements of the

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

20  standards must also require relocatables to provide access to

21  the same technologies available to similar classrooms within

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

23  by adequate covered walkways. By July 1, 2000, the

24  commissioner shall adopt standards for all relocatables

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

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

27  shall not be reported as providing satisfactory student

28  stations in the Florida Inventory of School Houses.

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

30  Statutes, 1998 Supplement, is amended to read:

31


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    CS for SB 1848                           Third Engrossed (ntc)



  1         404.056  Environmental radiation standards and

  2  programs; radon protection.--

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

  4  buildings or school sites housing students in kindergarten

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

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

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

  8  which are located in counties designated within the Department

  9  of Community Affairs' Florida Radon Protection Map Categories

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

11  measured to determine the level of indoor radon, using

12  measurement procedures established by the department. Testing

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

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

15  regulated buildings. Initial measurements shall be completed

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

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

18  completed in 5 percent of the habitable first floor spaces

19  within any of the regulated buildings after the building has

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

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

22  measurements have been made twice, regulated buildings need

23  not undergo further testing unless significant structural

24  changes occur. Where fill soil is required for the

25  construction of a regulated building, initial testing of fill

26  soil must be performed using measurement procedures

27  established by the department, and the results must be

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

29  repeated measurements shall be performed and reported to the

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

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


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    CS for SB 1848                           Third Engrossed (ntc)



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

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

  3  certifies this in writing to the department.  The provisions

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

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

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

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

  8  Florida, is amended to read:

  9         Section 46.  There is hereby appropriated to the

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

11  $150 million from the General Revenue Fund and, contingent

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

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

14  the Educational Enhancement Trust Fund. The purpose of this

15  appropriation is to fund School Infrastructure Thrift (SIT)

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

17  235.216, Florida Statutes, and effort index grants pursuant to

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

19  amount of funds authorized for effort index grant awards

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

21  grants shall only be funded from the Educational Enhancement

22  Trust Fund appropriation authorized in this section. The funds

23  appropriated in this section shall not be subject to the

24  provisions of s. 216.301, Florida Statutes.

25         Section 16.  Subsection (3) of section 235.26, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         235.26  State Uniform Building Code for Public

28  Educational Facilities Construction.--The Commissioner of

29  Education shall adopt a uniform statewide building code for

30  the planning and construction of public educational and

31  ancillary plants by district school boards and community


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    CS for SB 1848                           Third Engrossed (ntc)



  1  college district boards of trustees. The code must be entitled

  2  the State Uniform Building Code for Public Educational

  3  Facilities Construction. Included in this code must be flood

  4  plain management criteria in compliance with the rules and

  5  regulations in 44 C.F.R. parts 59 and 60, and subsequent

  6  revisions thereto which are adopted by the Federal Emergency

  7  Management Agency.  Wherever the words "Uniform Building Code"

  8  appear, they mean the "State Uniform Building Code for Public

  9  Educational Facilities Construction." It is not a purpose of

10  the Uniform Building Code to inhibit the use of new materials

11  or innovative techniques; nor may it specify or prohibit

12  materials by brand names. The code must be flexible enough to

13  cover all phases of construction so as to afford reasonable

14  protection for the public safety, health, and general welfare.

15  The department may secure the service of other state agencies

16  or such other assistance as it finds desirable in revising the

17  code.

18         (3)  ENFORCEMENT BY BOARD.--It is the responsibility of

19  each district school board and community college district

20  board of trustees to ensure that all plans and educational and

21  ancillary plants meet the standards of the Uniform Building

22  Code and to provide for the enforcement of this code in the

23  areas of its jurisdiction. Each board shall provide for the

24  proper supervision and inspection of the work.  Each board may

25  employ a chief building official or inspector and such other

26  inspectors, who have been certified by the department or

27  certified pursuant to chapter 468, and such personnel as are

28  necessary to administer and enforce the provisions of this

29  code. Boards may also utilize local building department

30  inspectors who are certified by the department to enforce this

31  code. Plans or facilities that fail to meet the standards of


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    CS for SB 1848                           Third Engrossed (ntc)



  1  the Uniform Building Code may not be approved. When planning

  2  for and constructing an educational, auxiliary, or ancillary

  3  facility, a district school board must use construction

  4  materials and systems that meet standards adopted pursuant to

  5  subsection (2)(f)5. If the planned or actual construction of a

  6  facility deviates from the adopted standards, the district

  7  school board must, at a public hearing, quantify and compare

  8  the costs of constructing the facility with the proposed

  9  deviations and in compliance with the adopted standards and

10  the Uniform Building Code. The board must explain the reason

11  for the proposed deviations and compare how the total

12  construction costs and projected life-cycle costs of the

13  facility or component system of the facility would be affected

14  by implementing the proposed deviations rather than using

15  materials and systems that meet the adopted standards. The

16  provisions of this paragraph do apply to educational,

17  auxiliary, and ancillary facility projects commenced on or

18  after July 1, 1999.

19         Section 17.  Section 235.4355, Florida Statutes, as

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

21  repealed.

22         Section 18.  This act shall take effect upon becoming a

23  law.

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