Senate Bill sb1452

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    Florida Senate - 2001                                  SB 1452

    By Senator Villalobos





    37-831-01

  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         amending s. 235.061, F.S.; declaring

  4         legislative intent with respect to the use of

  5         relocatable facilities; revising standards for

  6         relocatables; directing school districts to use

  7         certain funds for classroom construction;

  8         limiting expenditures on relocatables; amending

  9         s. 235.062, F.S.; revising legislative intent

10         with respect to the reduction of relocatable

11         facilities; directing school districts to use

12         certain funds for classroom construction;

13         deleting a definition of the term

14         "over-capacity school"; providing an effective

15         date.

16

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

18

19         Section 1.  Section 235.061, Florida Statutes, is

20  amended to read:

21         235.061  Standards for relocatables used as classroom

22  space; inspections.--

23         (1)  It is the intent of the Legislature that

24  relocatables no longer be used for classrooms or other student

25  occupancies after July 1, 2003. Districts shall redirect funds

26  allocated for work on existing portables to meet standards

27  required to be met by July 1, 2001, except for funding

28  necessary to correct firesafety deficiencies, for items

29  required by federal laws and rules, and to comply with state

30  accessibility laws, sanitation codes, and casualty standards,

31  toward the construction of new classrooms. Districts shall

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    Florida Senate - 2001                                  SB 1452
    37-831-01




  1  include this information on the annual update of the Five Year

  2  Work Program. Standards for existing relocatables shall be

  3  applicable to all other relocatables that remain in use by the

  4  district for functions other than student occupancy. The

  5  Commissioner of Education shall adopt rules establishing

  6  standards for relocatables intended for long-term use as

  7  classroom space at a public elementary school, middle school,

  8  or high school. "Long-term use" means the use of relocatables

  9  at the same educational plant for a period of 4 years or more.

10  These rules must be implemented by July 1, 1998, and each

11  relocatable acquired by a district school board after the

12  effective date of the rules and intended for long-term use

13  must comply with the standards. The rules shall require that,

14  by July 1, 2001, relocatables that fail to meet the standards

15  may not be used as classrooms. The standards shall protect the

16  health, safety, and welfare of occupants by requiring

17  compliance with the Uniform Building Code for Public

18  Educational Facilities or other locally adopted state minimum

19  building codes to ensure the safety and stability of

20  construction and onsite installation; fire and moisture

21  protection; air quality and ventilation; appropriate wind

22  resistance; and compliance with the requirements of the

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

24  standards must also require relocatables to provide access to

25  the same technologies available to similar classrooms within

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

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

28  commissioner shall adopt standards for all relocatables

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

30  is in use for purposes other that student occupancy aid is

31  subject to this section and that does not meet the standards

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    Florida Senate - 2001                                  SB 1452
    37-831-01




  1  shall not be reported as providing satisfactory student

  2  stations in the Florida Inventory of School Houses.

  3         (2)  Annual inspections for all satisfactory

  4  relocatables designed for classroom use or being occupied by

  5  students are required for: foundations; tie-downs; structural

  6  integrity; weatherproofing; HVAC; electrical; plumbing, if

  7  applicable; firesafety; and accessibility. Reports shall be

  8  filed with the district school board and posted in each

  9  respective relocatable in order to facilitate corrective

10  action.

11         Section 2.  Subsection (1) of section 235.062, Florida

12  Statutes, is amended to read:

13         235.062  Reduction of relocatable facilities in use.--

14         (1)(a)  It is the intent a goal of the Legislature that

15  all school districts shall provide a quality educational

16  environment for their students such that, by July 1, 2003,

17  student stations in relocatable facilities exceeding 20 years

18  of age and in use by a district during the 1998-1999 fiscal

19  year shall be removed from use as classrooms or other

20  student-occupied space and the number of all other relocatable

21  student stations at over-capacity schools during that fiscal

22  year shall be decreased by half. The Legislature finds,

23  however, that necessary maintenance of existing facilities and

24  public school enrollment growth impair the ability of some

25  districts to achieve the goal of this section within 5 years.

26  Therefore, the Legislature is increasing its commitment to

27  school funding in this act, in part to help districts reduce

28  the number of temporary, relocatable student stations at

29  over-capacity schools. The Legislature intends that local

30  school districts also increase their investment toward meeting

31  this requirement goal. Districts shall redirect funds

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    Florida Senate - 2001                                  SB 1452
    37-831-01




  1  allocated for work on existing portables to meet standards

  2  required to be met by July 1, 2001, except for funding

  3  necessary to correct firesafety deficiencies, for items

  4  required by federal laws and rules, and to comply with state

  5  accessibility laws, sanitation codes, and casualty standards,

  6  toward the construction of new classrooms.  Each district's

  7  progress toward meeting this requirement goal shall be

  8  measured annually by comparing district facilities work

  9  programs for replacing relocatables with the state capital

10  outlay projections for education prepared by the SMART Schools

11  Clearinghouse pursuant to s. 235.217(3)(e). District

12  facilities work programs shall be monitored by the SMART

13  Schools Clearinghouse to measure the commitment of local

14  school districts toward this requirement goal.

15         (b)  For the purposes of this section, an

16  "over-capacity school" means a school the capital outlay FTE

17  enrollment of which exceeds 100 percent of the space and

18  occupant design capacity of its nonrelocatable facilities.

19  However, if a school's initial design incorporated relocatable

20  or modular instructional space, an "over-capacity school"

21  shall mean a school the capital outlay FTE enrollment of which

22  exceeds 100 percent of the space and occupant design capacity

23  of its core facilities.

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

25  law.

26

27            *****************************************

28                          SENATE SUMMARY

29    Restates the legislative intent with respect to use of
      relocatable facilities as classroom space. Limits
30    expenditures that may be made on relocatables and directs
      school districts to use funds formerly directed toward
31    improvements to relocatables to classroom construction.

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