Senate Bill 2066

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



    Florida Senate - 2000                                  SB 2066

    By Senator Hargrett





    21-1324-00

  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         amending s. 235.15, F.S.; authorizing a

  4         district school board to seek reconsideration

  5         and revision of capital-outlay data provided by

  6         the Department of Education; amending s.

  7         235.435, F.S.; providing criteria for a

  8         district school board to justify the

  9         reconsideration and revision of capital-outlay

10         data by the Commissioner of Education; creating

11         s. 847.0134, F.S.; prohibiting the location of

12         adult entertainment establishments within a

13         specified distance from a school; providing a

14         criminal penalty; providing an effective date.

15

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

17

18         Section 1.  Paragraph (b) of subsection (1) of section

19  235.15, Florida Statutes, is amended to read:

20         235.15  Educational plant survey; localized need

21  assessment; PECO project funding.--

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

23  Board of Regents, shall arrange for an educational plant

24  survey, to aid in formulating plans for housing the

25  educational program and student population, faculty,

26  administrators, staff, and auxiliary and ancillary services of

27  the district or campus, including consideration of the local

28  comprehensive plan. The Division of Workforce Development

29  shall document the need for additional career and adult

30  education programs and the continuation of existing programs

31  before facility construction or renovation related to career

                                  1

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






    Florida Senate - 2000                                  SB 2066
    21-1324-00




  1  or adult education may be included in the educational plant

  2  survey of a school district or community college that delivers

  3  career or adult education programs. Information used by the

  4  Division of Workforce Development to establish facility needs

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

  6  needs analysis, and information submitted by the school

  7  district or community college.

  8         (b)  Required need assessment criteria for district,

  9  community college, and state university plant surveys.--Each

10  educational plant survey completed after December 31, 1997,

11  must use uniform data sources and criteria specified in this

12  paragraph.  Each educational plant survey completed after June

13  30, 1995, and before January 1, 1998, must be revised, if

14  necessary, to comply with this paragraph.  Each revised

15  educational plant survey and each new educational plant survey

16  supersedes previous surveys.

17         1.  Each school district's educational plant survey

18  must reflect the capacity of existing satisfactory facilities

19  as reported in the Florida Inventory of School Houses.

20  Projections of facility space needs may not exceed the norm

21  space and occupant design criteria established by the State

22  Requirements for Educational Facilities. Existing and

23  projected capital outlay full-time equivalent student

24  enrollment must be consistent with data prepared by the

25  department and must include all enrollment used in the

26  calculation of the distribution formula in s. 235.435(3). All

27  satisfactory relocatable classrooms, including those owned,

28  lease-purchased, or leased by the school district, shall be

29  included in the school district inventory of gross capacity of

30  facilities and must be counted at actual student capacity for

31  purposes of the inventory. For future needs determination,

                                  2

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






    Florida Senate - 2000                                  SB 2066
    21-1324-00




  1  student capacity shall not be assigned to any relocatable

  2  classroom that is scheduled for elimination or replacement

  3  with a permanent educational facility in the adopted 5-year

  4  educational plant survey and in the district facilities work

  5  program adopted under s. 235.185. Those relocatables clearly

  6  identified and scheduled for replacement in a school board

  7  adopted financially feasible 5-year district facilities work

  8  program shall be counted at zero capacity at the time the work

  9  program is adopted and approved by the school board. However,

10  if the district facilities work program is changed or altered

11  and the relocatables are not replaced as scheduled in the work

12  program, they must then be reentered into the system for

13  counting at actual capacity. Relocatables may not be

14  perpetually added to the work program and continually extended

15  for purposes of circumventing the intent of this section. All

16  remaining relocatable classrooms, including those owned,

17  lease-purchased, or leased by the school district, shall be

18  counted at actual student capacity. The educational plant

19  survey shall identify the number of relocatable student

20  stations scheduled for replacement during the 5-year survey

21  period and the total dollar amount needed for that

22  replacement. All district educational plant surveys revised

23  after July 1, 1998, shall include information on leased space

24  used for conducting the district's instructional program, in

25  accordance with the recommendations of the department's report

26  authorized in s. 235.056. A definition of satisfactory

27  relocatable classrooms shall be established by rule of the

28  department.

29         2.  Each survey of a special facility, joint-use

30  facility, or cooperative vocational education facility must be

31  based on capital outlay full-time equivalent student

                                  3

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






    Florida Senate - 2000                                  SB 2066
    21-1324-00




  1  enrollment data prepared by the department for school

  2  districts, by the Division of Community Colleges for community

  3  colleges, and by the Board of Regents for state universities,

  4  but a board may seek reconsideration and potential revision of

  5  the capital-outlay full-time-equivalent membership data

  6  prepared by the department for that board's school district if

  7  the board can reasonably demonstrate that justifying

  8  circumstances exist that warrant the department's

  9  reconsideration of the data as provided in s. 235.435(3)(e). A

10  survey of space needs of a joint-use facility shall be based

11  upon the respective space needs of the school districts,

12  community colleges, and universities, as appropriate.

13  Projections of a school district's facility space needs may

14  not exceed the norm space and occupant design criteria

15  established by the State Requirements for Educational

16  Facilities.

17         3.  Each community college's survey must reflect the

18  capacity of existing facilities as specified in the inventory

19  maintained by the Division of Community Colleges.  Projections

20  of facility space needs must comply with standards for

21  determining space needs as specified by rule of the State

22  Board of Education.  The 5-year projection of capital outlay

23  student enrollment must be consistent with the annual report

24  of capital outlay full-time student enrollment prepared by the

25  Division of Community Colleges.

26         4.  Each state university's survey must reflect the

27  capacity of existing facilities as specified in the inventory

28  maintained and validated by the Board of Regents.  Projections

29  of facility space needs must be consistent with standards for

30  determining space needs approved by the Board of Regents. The

31  projected capital outlay full-time equivalent student

                                  4

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






    Florida Senate - 2000                                  SB 2066
    21-1324-00




  1  enrollment must be consistent with the 5-year planned

  2  enrollment cycle for the State University System approved by

  3  the Board of Regents.

  4         5.  The educational plant survey of a school district,

  5  community college, or state university may include space needs

  6  that deviate from approved standards for determining space

  7  needs if the deviation is justified by the district or

  8  institution and approved by the department or the Board of

  9  Regents, as appropriate, as necessary for the delivery of an

10  approved educational program.

11         Section 2.  Paragraph (d) of subsection (3) of section

12  235.435, Florida Statutes, is amended and paragraph (e) is

13  added to that subsection to read:

14         235.435  Funds for comprehensive educational plant

15  needs; construction cost maximums for school district capital

16  projects.--Allocations from the Public Education Capital

17  Outlay and Debt Service Trust Fund to the various boards for

18  capital outlay projects shall be determined as follows:

19         (3)

20         (d)  Funds distributed to the district school boards

21  shall be allocated solely based on the provisions of

22  paragraphs (1)(a) and (2)(a) and paragraph (a) of this

23  subsection, subject to the district school board's right to

24  request the department's reconsideration of the capital-outlay

25  full-time-equivalent membership data if a board can reasonably

26  demonstrate justifying circumstances that so warrant as

27  provided in paragraph (e).  No individual school district

28  projects shall be funded off the top of funds allocated to

29  district school boards.

30         (e)  A district school board may seek a reconsideration

31  and revision of capital-outlay full-time-equivalent membership

                                  5

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






    Florida Senate - 2000                                  SB 2066
    21-1324-00




  1  data prepared by the department for that district if the board

  2  can demonstrate that justifying circumstances exist that

  3  warrant the department's reconsideration and potential

  4  revision of the data prepared for that district. The board

  5  shall come forth with detailed reasons for the request for

  6  reconsideration and potential revision by the department by

  7  submitting a written report to the Commissioner of Education

  8  within 120 days after the board's receipt of that data from

  9  the department. The board's report shall reasonably

10  demonstrate that justifying circumstances exist by presenting

11  substantiated evidence such as the following information:

12         1.  The capital-outlay full-time-equivalent data

13  substantially varies from the growth projections provided by a

14  comprehensive demographic study of the district or other

15  growth data generated by local governments, qualified

16  consultants, or other planning and growth management entities;

17         2.  The capital-outlay full-time-equivalent data is

18  inconsistent with a local comprehensive plan, capital

19  improvements program, or established level of services

20  standards produced in accordance with the school concurrency

21  plan of a local government, county, or district as provided in

22  chapter 163;

23         3.  The capital-outlay full-time-equivalent data fails

24  to account for an expected influx into or sizeable immigration

25  to the area based on corporate relocations or other similar

26  events; or

27         4.  The capital-outlay full-time equivalent data is

28  inconsistent with the type or density of previously approved

29  county future development plans.

30

31

                                  6

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






    Florida Senate - 2000                                  SB 2066
    21-1324-00




  1  Local school board requests for reconsideration and potential

  2  revision will be considered and decided by the Commissioner of

  3  Education. If the commissioner agrees that reconsideration is

  4  warranted, the commissioner shall direct that reconsideration

  5  be undertaken, which shall include a review of the materials

  6  submitted by the board in its original report as well as any

  7  other reasonably submitted data.

  8         Section 3.  Section 847.0134, Florida Statutes, is

  9  created to read:

10         847.0134  Prohibition of adult entertainment

11  establishment or other adult establishment that displays,

12  sells, or distributes materials harmful to minors within 2,500

13  feet of a school.--

14         (1)  Except for those establishments in operation on or

15  before July 1, 2000, an adult entertainment establishment or

16  other adult establishment that sells, rents, loans,

17  distributes, transmits, shows, or exhibits any obscene

18  material as described in s. 847.0133 or presents live

19  entertainment, motion picture, slide, or other exhibit, that,

20  in whole or in part, depicts nudity, sexual conduct, sexual

21  excitement, sexual battery, bestiality, or sadomasochistic

22  abuse and that is harmful to minors as described in s.

23  847.013, may not be located within 2,500 feet of the real

24  property that comprises a public or private elementary school,

25  middle school, or secondary school unless the county or

26  municipality approves the location under proceedings as

27  provided in s. 286.0115.

28         (2)  A violation of this section constitutes a felony

29  of the third degree, punishable as provided in s. 775.082 or

30  s. 775.083.

31         Section 4.  This act shall take effect July 1, 2000.

                                  7

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






    Florida Senate - 2000                                  SB 2066
    21-1324-00




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides criteria for a district school board to seek the
      reconsideration and revision of capital-outlay
  4    full-time-equivalent data prepared by the Department of
      Education. Requires the Commissioner of Education to
  5    decide whether requests for reconsideration and revision
      will be considered. Prohibits the location of an adult
  6    entertainment establishment within a specified distance
      from a school.
  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  8