House Bill 0257

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    Florida House of Representatives - 1999                 HB 257

        By Representative Wiles






  1                      A bill to be entitled

  2         An act relating to the Florida School for the

  3         Deaf and the Blind; amending ss. 235.014 and

  4         235.017, F.S., relating to educational

  5         facilities; authorizing the Department of

  6         Management Services to provide facilities

  7         services for the Florida School for the Deaf

  8         and the Blind; amending s. 236.1229, F.S.;

  9         providing for Florida School Improvement and

10         Academic Achievement Trust Fund grants to the

11         Florida School for the Deaf and the Blind;

12         providing for allocation and school-level

13         administration; amending s. 242.3305, F.S.;

14         revising provisions relating to mission and

15         responsibilities of the Florida School for the

16         Deaf and the Blind; amending s. 287.059, F.S.;

17         authorizing private attorney services for the

18         Florida School for the Deaf and the Blind

19         without certain prior written approval;

20         providing an effective date.

21

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

23

24         Section 1.  Subsection (7) of section 235.014, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         235.014  Functions of the department.--The functions of

27  the department shall include, but not be limited to, the

28  following; it shall:

29         (7)  Provide training, technical assistance, and

30  building code interpretation for requirements of the mandatory

31  uniform building code for the facilities construction and

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    Florida House of Representatives - 1999                 HB 257

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  1  capital improvement programs of the boards and, upon request,

  2  approve phase III construction documents for remodeling,

  3  renovation, or new construction of educational plants or

  4  ancillary facilities, except that the Board of Regents shall

  5  approve specifications and construction documents for the

  6  State University System. The Department of Management Services

  7  may, upon request, shall provide similar services for the

  8  Florida School for the Deaf and the Blind and shall use a

  9  state minimum building code adopted pursuant to s. 553.73 and

10  the National Fire Protection Association Life Safety Code as

11  adopted pursuant to chapter 633.

12         Section 2.  Subsection (3) of section 235.017, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         235.017  Boards to ensure that facilities comply with

15  building codes and life safety codes.--

16         (3)  The Department of Management Services may, upon

17  request, must provide facilities services for the Florida

18  School for the Deaf and the Blind.  As used in this section,

19  the term "facilities services" means project management, code

20  and design plan review, and code compliance inspection for

21  projects as defined in s. 287.017(1)(e).

22         Section 3.  Section 236.1229, Florida Statutes, 1998

23  Supplement, is amended to read:

24         236.1229  Florida School Improvement and Academic

25  Achievement Trust Fund grants.--

26         (1)  LEGISLATIVE INTENT.--The Legislature recognizes

27  that private contributions can play an important role in

28  enabling school districts and the Florida School for the Deaf

29  and the Blind to achieve a margin of excellence within

30  existing state and local funding.  It is, therefore, the

31  intent of the Legislature to provide each school district and

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    Florida House of Representatives - 1999                 HB 257

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  1  the Florida School for the Deaf and the Blind with the

  2  opportunity to receive private donations and provide private

  3  donors with an incentive in the form of matching grants for

  4  contributions for the improvement of schools and academic

  5  programs within the district school system and the Florida

  6  School for the Deaf and the Blind.

  7         (2)  FUNDING.--The Florida School Improvement and

  8  Academic Achievement Trust Fund shall be utilized to provide

  9  challenge grants and matching endowment grants to public

10  school district education foundations that meet the

11  requirements of this section and are recognized as such by the

12  Florida Education Foundation and to the Florida School for the

13  Deaf and the Blind Endowment Fund.  All funds appropriated or

14  retained in the trust fund shall be invested pursuant to s.

15  18.125.  Notwithstanding the provisions of s. 216.301, and

16  pursuant to s. 216.351, any undisbursed balance remaining in

17  the trust fund and interest accruing to that portion of the

18  trust fund not matched and distributed to the public school

19  district education foundations or to the Florida School for

20  the Deaf and the Blind Endowment Fund shall remain in the

21  trust fund and shall increase the total funds available for

22  challenge grants and matching endowment grants.

23         (3)  ADMINISTRATION.--The Commissioner of Education

24  shall specify procedures for submitting, documenting, and

25  approving requests for matching funds and for maintaining

26  accountability for endowments and the proceeds of endowments;

27  and establish restrictions on the use of proceeds from

28  endowments. The commissioner shall specify conditions under

29  which matching funds may be encumbered by a down payment and a

30  pledged schedule of future contributions. Such conditions

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    Florida House of Representatives - 1999                 HB 257

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  1  shall include conditions of default and reinstatement of

  2  defaulted pledges.

  3         (4)  ALLOCATION OF THE TRUST FUND.--Funds appropriated

  4  to the trust fund shall be allocated by the Department of

  5  Education in the following manner:

  6         (a)  For every year in which there is a legislative

  7  appropriation to the trust fund, an equal amount of the annual

  8  appropriation, to be determined by dividing the total

  9  legislative appropriation by the number of local education

10  foundations, as well as the Florida School for the Deaf and

11  the Blind, must be reserved for each public school district

12  education foundation and the Florida School for the Deaf and

13  the Blind Endowment Fund to provide each foundation and the

14  Florida School for the Deaf and the Blind with an opportunity

15  to receive and match a challenge grant. Trust funds that

16  remain unmatched by contribution on March 1 of any year shall

17  also be available for matching by any public school district

18  education foundation, by the Florida School for the Deaf and

19  the Blind, Endowment Fund or by the Department of Education

20  Florida Education Foundation. The commissioner shall adopt

21  procedures providing all public school district education

22  foundations and the Florida School for the Deaf and the Blind

23  with an opportunity to apply for excess trust funds prior to

24  awarding such funds.  However, no public school district

25  education foundation may receive more than its percentage of

26  the total full-time equivalent enrollment or 15 percent,

27  whichever is greater, of the funds appropriated to the trust

28  fund for that fiscal year. The Florida School for the Deaf and

29  the Blind shall not be subject to the full-time equivalent

30  enrollment clause.

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  1         (b)  Challenge grants shall be proportionately

  2  allocated from the trust fund on the basis of matching each $4

  3  of state funds with $6 of private funds.  To be eligible for

  4  matching, a minimum of $4,500 must be raised from private

  5  sources.

  6         (c)  Funds sufficient to provide the match shall be

  7  transferred from the state trust fund to the public school

  8  education foundation or to the Florida School for the Deaf and

  9  the Blind Endowment Fund upon notification that a

10  proportionate amount has been received and deposited by the

11  foundation or school in its own trust fund.

12         (d)  Matching grants shall be distributed on the last

13  day of each calendar quarter.  If the total of the amounts to

14  be distributed in any quarter pursuant to this subsection

15  exceeds the amount of funds remaining from specific

16  appropriations made for the implementation of this section,

17  all grants for that quarter shall be proportionately reduced

18  so that the total of matching grants distributed does not

19  exceed available appropriations.

20         (5)  DISTRICT-LEVEL AND SCHOOL-LEVEL ADMINISTRATION.--

21         (a)  Each public school district education foundation

22  and the Florida School for the Deaf and the Blind

23  participating in the Florida School Improvement and Academic

24  Achievement Trust Fund shall separately account for all funds

25  received pursuant to this section, including interest, and may

26  establish its own school improvement and academic achievement

27  trust fund as a depository for the private contributions,

28  state matching funds, and interest earnings on investments of

29  such funds.  State matching funds shall be transferred to the

30  public school district education foundation or to the Florida

31  School for the Deaf and the Blind Endowment Fund upon

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    Florida House of Representatives - 1999                 HB 257

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  1  notification that the foundation or school has received and

  2  deposited private contributions that meet the criteria for

  3  matching as provided in this section.  The public school

  4  district education foundations and the Florida School for the

  5  Deaf and the Blind are responsible for the maintenance,

  6  investment, and administration of their school improvement and

  7  academic improvement trust funds.

  8         (b)  The public school district education foundation

  9  and the Florida School for the Deaf and the Blind shall be

10  responsible for soliciting and receiving contributions to be

11  deposited and matched with challenge grants for establishing

12  endowments for school improvement and academic achievement

13  within the school district or school.

14         (c)  Each public school district education foundation

15  and the Florida School for the Deaf and the Blind shall be

16  responsible for proper expenditure of the funds received

17  pursuant to this section.

18         (6)  USES.--The donations, state matching funds, or

19  proceeds from endowments established pursuant to this section

20  shall be used at the discretion of the public school district

21  education foundation or the Florida School for the Deaf and

22  the Blind for improving schools and academic achievement

23  within the school district or school and shall not be expended

24  for the construction of facilities or for the support of

25  interscholastic athletics.  No public school district

26  education foundation or the Florida School for the Deaf and

27  the Blind shall accept or purchase facilities for which the

28  state will be asked for operating funds unless the Legislature

29  has granted prior approval for such acquisition.

30         Section 4.  Subsection (2) of section 242.3305, Florida

31  Statutes, is amended to read:

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    Florida House of Representatives - 1999                 HB 257

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  1         242.3305  Florida School for the Deaf and the Blind;

  2  responsibilities and mission.--

  3         (2)  The mission of the Florida School for the Deaf and

  4  the Blind, as a center of excellence, is to utilize all

  5  available talent, energy, and resources to provide free

  6  appropriate public education for eligible sensory-impaired

  7  hearing-impaired and visually impaired students of Florida.

  8  As a school of academic excellence, the school shall strive to

  9  provide students an opportunity to maximize their individual

10  potential in a caring, safe, unique learning environment to

11  prepare them to be literate, employable, and independent

12  life-long learners. The school shall encourage input from

13  students, staff, parents, and the community. As a diverse

14  organization, the school shall foster respect and

15  understanding for each individual. , offer educational

16  opportunities which promote the development of healthy minds

17  and bodies, and provide adult lives of independence and

18  self-sufficiency, meaningful personal, family, and community

19  lives, and useful, productive occupational lives.

20         Section 5.  Paragraph (f) is added to subsection (2) of

21  section 287.059, Florida Statutes, to read:

22         287.059  Private attorney services.--

23         (2)  No agency shall contract for private attorney

24  services without the prior written approval of the Attorney

25  General, except that such written approval is not required for

26  private attorney services:

27         (f)  Procured by the Board of Trustees for the Florida

28  School for the Deaf and the Blind.

29         Section 6.  This act shall take effect July 1 of the

30  year in which enacted.

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    Florida House of Representatives - 1999                 HB 257

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  2                          HOUSE SUMMARY

  3
      Authorizes, rather than requires, the Department of
  4    Management Services to provide facilities services for
      the Florida School for the Deaf and the Blind. Provides
  5    for Florida School Improvement and Academic Achievement
      Trust Fund grants to the Florida School for the Deaf and
  6    the Blind. Revises provisions relating to the school's
      mission and responsibilities. Authorizes the Board of
  7    Trustees for the Florida School for the Deaf and the
      Blind to contract for private attorney services without
  8    prior written approval of the Attorney General.

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