House Bill 0289

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    Florida House of Representatives - 2000                 HB 289

        By Representative Kilmer






  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         amending s. 235.435, F.S.; authorizing school

  4         districts to qualify construction projects for

  5         funding under the Special Facility Construction

  6         Account by using the school capital outlay

  7         surtax in lieu of the maximum millage against

  8         their nonexempt assessed property value;

  9         specifying funding eligibility of certain

10         projects; providing an effective date.

11

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

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14         Section 1.  Paragraph (a) of subsection (2) of section

15  235.435, Florida Statutes, is amended to read:

16         235.435  Funds for comprehensive educational plant

17  needs; construction cost maximums for school district capital

18  projects.--Allocations from the Public Education Capital

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

20  capital outlay projects shall be determined as follows:

21         (2)(a)  The department shall establish, as a part of

22  the Public Education Capital Outlay and Debt Service Trust

23  Fund, a separate account, in an amount determined by the

24  Legislature, to be known as the "Special Facility Construction

25  Account." The Special Facility Construction Account shall be

26  used to provide necessary construction funds to school

27  districts which have urgent construction needs but which lack

28  sufficient resources at present, and cannot reasonably

29  anticipate sufficient resources within the period of the next

30  3 years, for these purposes from currently authorized sources

31  of capital outlay revenue.  A school district requesting

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    Florida House of Representatives - 2000                 HB 289

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  1  funding from the Special Facility Construction Account shall

  2  submit one specific construction project, not to exceed one

  3  complete educational plant, to the Special Facility

  4  Construction Committee. No district shall receive funding for

  5  more than one approved project in any 3-year period. The first

  6  year of the 3-year period shall be the first year a district

  7  receives an appropriation. The department shall encourage a

  8  construction program that reduces the average size of schools

  9  in the district. The request must meet the following criteria

10  to be considered by the committee:

11         1.  The project must be deemed a critical need and must

12  be recommended for funding by the Special Facility

13  Construction Committee.  Prior to developing plans for the

14  proposed facility, the district school board must request a

15  preapplication review by the Special Facility Construction

16  Committee or a project review subcommittee convened by the

17  committee to include two representatives of the department and

18  two staff from school districts other than the district

19  submitting the project.  Within 60 days after receiving the

20  preapplication review request, the committee or subcommittee

21  must meet in the school district to review the project

22  proposal and existing facilities.  To determine whether the

23  proposed project is a critical need, the committee or

24  subcommittee shall consider, at a mimimum, the capacity of all

25  existing facilities within the district as determined by the

26  Florida Inventory of School Houses; the district's pattern of

27  student growth; the district's existing and projected capital

28  outlay full-time equivalent student enrollment as determined

29  by the department; the district's existing satisfactory

30  student stations; the use of all existing district property

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    Florida House of Representatives - 2000                 HB 289

    718-112-00






  1  and facilities; grade level configurations; and any other

  2  information that may affect the need for the proposed project.

  3         2.  The construction project must be recommended in the

  4  most recent survey or surveys by the district under the rules

  5  of the State Board of Education.

  6         3.  The construction project must appear on the

  7  district's approved project priority list under the rules of

  8  the State Board of Education.

  9         4.  The district must have selected and had approved a

10  site for the construction project in compliance with s. 235.19

11  and the rules of the State Board of Education.

12         5.  The district shall have developed a school board

13  adopted list of facilities that do not exceed the norm for net

14  square feet occupancy requirements under the State

15  Requirements for Educational Facilities, using all possible

16  programmatic combinations for multiple use of space to obtain

17  maximum daily use of all spaces within the facility under

18  consideration.

19         6.  Upon construction, the total cost per student

20  station, including change orders, must not exceed the cost per

21  student station as provided in subsection (6).

22         7.  There shall be an agreement signed by the district

23  school board stating that it will advertise for bids within 30

24  days of receipt of its encumbrance authorization from the

25  department.

26         8.  The district shall, at the time of the request and

27  for a continuing period of 3 years, levy the maximum millage

28  against their nonexempt assessed property value as allowed in

29  s. 236.25(2) or an equivalent amount of revenue from the

30  school capital outlay surtax authorized under s. 212.055(6).

31  Effective July 1, 1991, any district with a new or active

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    Florida House of Representatives - 2000                 HB 289

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  1  project, funded under the provisions of this subsection, shall

  2  be required to budget no more than the value of 1.5 mills per

  3  year to the project to satisfy the annual participation

  4  requirement in the Special Facility Construction Account.

  5         9.  If a contract has not been signed 90 days after the

  6  advertising of bids, the funding for the specific project

  7  shall revert to the Special Facility New Construction Account

  8  to be reallocated to other projects on the list.  However, an

  9  additional 90 days may be granted by the commissioner.

10         10.  The department shall certify the inability of the

11  district to fund the survey-recommended project over a

12  continuous 3-year period using projected capital outlay

13  revenue derived from s. 9(d), Art. XII of the State

14  Constitution, as amended, paragraph (3)(a) of this section,

15  and s. 236.25(2).

16         11.  The district shall have on file with the

17  department an adopted resolution acknowledging its 3-year

18  commitment of all unencumbered and future revenue acquired

19  from s. 9(d), Art. XII of the State Constitution, as amended,

20  paragraph (3)(a) of this section, and s. 236.25(2).

21         12.  Final phase III plans must be certified by the

22  board as complete and in compliance with the building and life

23  safety codes prior to August 1.

24         Section 2.  Any special facility construction project

25  for which phase III plans were certified by August 1, 1999, as

26  complete and in compliance with the building and life safety

27  codes as required by s. 235.435(2)(a)12., Florida Statutes, is

28  eligible for funding under s. 235.435(2), Florida Statutes, as

29  amended by this act, if otherwise qualified, beginning July 1,

30  2000.

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    Florida House of Representatives - 2000                 HB 289

    718-112-00






  1         Section 3.  This act shall take effect upon becoming a

  2  law.

  3

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  5                          HOUSE SUMMARY

  6
      Authorizes school districts to qualify construction
  7    projects for funding under the Special Facility
      Construction Account by using the school capital outlay
  8    surtax in lieu of the maximum millage against their
      nonexempt assessed property value.  Authorizes funding in
  9    fiscal year 2000-2001 of qualified projects whose phase
      III plans were certified by August 1, 1999.
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