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



                                                  SENATE AMENDMENT

    Bill No. SB 292, 1st Eng.

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Thomas moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 36, between lines 2 and 3,

15

16  insert:

17         Section 21.  Paragraph (a) of subsection (2) of section

18  235.435, Florida Statutes, is amended to read:

19         235.435  Funds for comprehensive educational plant

20  needs; construction cost maximums for school district capital

21  projects.--Allocations from the Public Education Capital

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

23  capital outlay projects shall be determined as follows:

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

25  the Public Education Capital Outlay and Debt Service Trust

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

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

28  Account." The Special Facility Construction Account shall be

29  used to provide necessary construction funds to school

30  districts which have urgent construction needs but which lack

31  sufficient resources at present, and cannot reasonably

                                  1
    8:55 AM   05/05/00                                s0292c-03c2e




                                                  SENATE AMENDMENT

    Bill No. SB 292, 1st Eng.

    Amendment No. ___





  1  anticipate sufficient resources within the period of the next

  2  3 years, for these purposes from currently authorized sources

  3  of capital outlay revenue.  A school district requesting

  4  funding from the Special Facility Construction Account shall

  5  submit one specific construction project, not to exceed one

  6  complete educational plant, to the Special Facility

  7  Construction Committee. No district shall receive funding for

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

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

10  receives an appropriation. The department shall encourage a

11  construction program that reduces the average size of schools

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

13  to be considered by the committee:

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

15  be recommended for funding by the Special Facility

16  Construction Committee.  Prior to developing plans for the

17  proposed facility, the district school board must request a

18  preapplication review by the Special Facility Construction

19  Committee or a project review subcommittee convened by the

20  committee to include two representatives of the department and

21  two staff from school districts other than the district

22  submitting the project.  Within 60 days after receiving the

23  preapplication review request, the committee or subcommittee

24  must meet in the school district to review the project

25  proposal and existing facilities.  To determine whether the

26  proposed project is a critical need, the committee or

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

28  existing facilities within the district as determined by the

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

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

31  outlay full-time equivalent student enrollment as determined

                                  2
    8:55 AM   05/05/00                                s0292c-03c2e




                                                  SENATE AMENDMENT

    Bill No. SB 292, 1st Eng.

    Amendment No. ___





  1  by the department; the district's existing satisfactory

  2  student stations; the use of all existing district property

  3  and facilities; grade level configurations; and any other

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

  5         2.  The construction project must be recommended in the

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

  7  of the State Board of Education.

  8         3.  The construction project must appear on the

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

10  the State Board of Education.

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

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

13  and the rules of the State Board of Education.

14         5.  The district shall have developed a school board

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

16  square feet occupancy requirements under the State

17  Requirements for Educational Facilities, using all possible

18  programmatic combinations for multiple use of space to obtain

19  maximum daily use of all spaces within the facility under

20  consideration.

21         6.  Upon construction, the total cost per student

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

23  student station as provided in subsection (6).

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

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

26  days of receipt of its encumbrance authorization from the

27  department.

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

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

30  against their nonexempt assessed property value as allowed in

31  s. 236.25(2) or shall raise an equivalent amount of revenue

                                  3
    8:55 AM   05/05/00                                s0292c-03c2e




                                                  SENATE AMENDMENT

    Bill No. SB 292, 1st Eng.

    Amendment No. ___





  1  from the school capital outlay surtax authorized under s.

  2  212.055(6). Effective July 1, 1991, any district with a new or

  3  active project, funded under the provisions of this

  4  subsection, shall be required to budget no more than the value

  5  of 1.5 mills per year to the project to satisfy the annual

  6  participation requirement in the Special Facility Construction

  7  Account.

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

  9  advertising of bids, the funding for the specific project

10  shall revert to the Special Facility New Construction Account

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

12  additional 90 days may be granted by the commissioner.

13         10.  The department shall certify the inability of the

14  district to fund the survey-recommended project over a

15  continuous 3-year period using projected capital outlay

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

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

18  and s. 236.25(2).

19         11.  The district shall have on file with the

20  department an adopted resolution acknowledging its 3-year

21  commitment of all unencumbered and future revenue acquired

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

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

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

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

26  safety codes prior to August 1.

27         Section 22.  Any special facility construction project

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

29  complete and in compliance with the building and life safety

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

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

                                  4
    8:55 AM   05/05/00                                s0292c-03c2e




                                                  SENATE AMENDMENT

    Bill No. SB 292, 1st Eng.

    Amendment No. ___





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

  2  2000.

  3

  4  (Redesignate subsequent sections.)

  5

  6

  7  ================ T I T L E   A M E N D M E N T ===============

  8  And the title is amended as follows:

  9         On page 3, line 19, after the semicolon,

10

11  insert:

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

13         districts to qualify construction projects for

14         funding under the Special Facility Construction

15         Account by using the school capital outlay

16         surtax in lieu of the maximum millage against

17         their nonexempt assessed property value;

18         specifying funding eligibility of certain

19         projects;

20

21

22

23

24

25

26

27

28

29

30

31

                                  5
    8:55 AM   05/05/00                                s0292c-03c2e