Senate Bill sb1584

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    Florida Senate - 2002                                  SB 1584

    By Senator Villalobos





    37-1061-02

  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         amending s. 235.011, F.S.; redefining terms;

  4         reenacting and amending s. 235.014, F.S.;

  5         revising the functions of the Department of

  6         Education; amending s. 235.017; revising

  7         provisions governing compliance of facilities

  8         with building codes and life safety codes;

  9         amending s. 235.02, F.S.; revising provisions

10         governing the use of buildings and grounds;

11         amending s. 235.04, F.S.; authorizing the State

12         Board of Education to adopt rules governing the

13         disposal of property; reenacting and amending

14         s. 235.05, F.S.; providing the power of eminent

15         domain; amending s. 235.056, F.S.; eliminating

16         a reference to the Board of Regents; correcting

17         references to the Florida Building Code and the

18         Florida Fire Prevention Code; authorizing the

19         State Board of Education to adopt rules;

20         reenacting and amending s. 235.057, F.S.;

21         eliminating references to the Board of Regents;

22         revising provisions governing the purchase,

23         conveyance, or encumbrance of property

24         interests; amending s. 235.06, F.S.;

25         authorizing the State Board of Education to

26         adopt rules relating to safety and sanitation;

27         specifying local school board facilities for

28         certain inspections; amending s. 235.061, F.S.;

29         requiring compliance with state requirements

30         for Educational Facilities; reenacting and

31         amending s. 235.15, F.S.; eliminating

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  1         references to the Board of Regents; requiring

  2         State Board of Education approval for

  3         educational plant survey exceptions; amending

  4         ss. 235.155, 235.18, F.S.; eliminating

  5         references to the Board of Regents; revising

  6         exceptions allowed to recommendations in

  7         educational plant surveys; revising provisions

  8         governing annual capital outlay budgets;

  9         amending s. 235.19, F.S.; requiring

10         site-location criteria to apply to all

11         educational facilities; authorizing the State

12         Board of Education to adopt rules; amending s.

13         235.192, F.S.; requiring college and university

14         presidents to provide certain information

15         concerning facilities to local fire and law

16         enforcement agencies; amending s. 235.193,

17         F.S.; requiring certain information concerning

18         all educational facilities to be coordinated

19         with local governments; providing an exception;

20         reenacting and amending s. 235.195, F.S.;

21         revising the approval procedure for joint-use

22         facilities; eliminating obsolete provisions;

23         reenacting and amending s. 235.199, F.S.;

24         revising provisions governing funding of

25         vocational education facilities; amending s.

26         235.211, F.S.; authorizing the State Board of

27         Education to adopt rules governing contracting

28         and construction; amending s. 235.215, F.S.;

29         revising provisions governing energy-efficiency

30         contracting; amending s. 235.2155, F.S.;

31         eliminating obsolete provisions; amending s.

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  1         235.216, F.S.; eliminating obsolete provisions

  2         pertaining to charter schools; amending s.

  3         235.26, F.S.; revising provisions governing

  4         building codes; creating s. 235.261, F.S.;

  5         requiring all educational facilities to conform

  6         to the Florida Building Code and the Florida

  7         Fire Prevention Code; providing for

  8         enforcement; creating s. 235.262, F.S.;

  9         providing for the use of educational facilities

10         as emergency shelters; amending s. 235.31,

11         F.S.; authorizing the State Board of Education

12         to adopt rules; authorizing all education

13         boards to participate in local-government

14         contracts for certain facilities services;

15         amending s. 235.32, F.S.; authorizing the State

16         Board of Education to adopt rules governing

17         contracts; amending s. 235.3215, F.S.;

18         prescribing the conditions for use of toxic

19         substances in construction with respect to all

20         educational facilities; amending s. 235.34,

21         F.S.; revising authorized expenditures;

22         amending s. 235.40, F.S.; eliminating a

23         reference to the Board of Regents in provisions

24         relating to radio and television facilities;

25         reenacting and amending s. 235.41, F.S.;

26         revising provisions governing capital outlay

27         budget requests; reenacting and amending s.

28         235.42, F.S.; revising provisions governing

29         funding of facilities; amending s. 235.435,

30         F.S.; eliminating references to the Board of

31         Regents; revising membership requirements for

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  1         the Special Facility Construction Committee;

  2         revising the procedure for calculating

  3         capital-outlay full-time-equivalent membership;

  4         revising the procedure for postsecondary

  5         institutions to submit capital-outlay-project

  6         priority lists; amending s. 235.4351, F.S.;

  7         authorizing the State Board of Education to

  8         adopt rules granting waivers from certain

  9         requirements; providing an effective date.

10

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

12

13         Section 1.  Subsections (3), (8), (10), (14), and (16)

14  of section 235.011, Florida Statutes, are amended to read:

15         235.011  Definitions.--Notwithstanding the provisions

16  of s. 228.041, the following terms shall be defined as follows

17  for the purpose of this chapter:

18         (3)  "Board," unless otherwise specified, means a

19  district school board, a community college board of trustees,

20  a college board of trustees, or a university board of

21  trustees, and the Board of Trustees for the Florida School for

22  the Deaf and the Blind.  The term "board" does not include the

23  State Board of Education or the Board of Regents.

24         (8)  "Educational plant survey" means a systematic

25  study of present educational and ancillary plants and the

26  determination of future needs to provide an appropriate

27  educational program and services for each student, based on

28  projected capital outlay FTE's approved by the Department of

29  Education.

30         (10)  "Long-range planning" means devising a systematic

31  method based on educational information and needs, carefully

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  1  analyzed, to provide the facilities to meet the goals and

  2  objectives of the educational agency for a period of 5 years.

  3         (14)  "New construction" means any construction of a

  4  building or unit of a building in which the entire work is new

  5  or an entirely new addition connected to an existing building

  6  and which adds additional square footage to the space

  7  inventory.

  8         (16)  "Public education capital outlay (PECO) funded

  9  projects" means site acquisition, renovation, remodeling,

10  construction projects, and site improvements necessary to

11  accommodate buildings, equipment, other structures, and

12  special educational use areas that are built, installed, or

13  established to serve primarily the educational instructional

14  program of the district school board, or community college

15  board, college board, or university board and the Board of

16  Regents.

17         Section 2.  Notwithstanding subsection (7) of section 3

18  of chapter 2000-321, Laws of Florida, section 235.014, Florida

19  Statutes, shall not stand repealed on January 7, 2003, as

20  scheduled by that act, but that section is reenacted and

21  amended to read:

22         235.014  Functions of the department.--The functions of

23  the department as it pertains to educational facilities shall

24  include, but not be limited to, the following; it shall:

25         (1)  Establish recommended minimum and maximum square

26  footage standards requirements for different functions and

27  areas and the procedures for determining the gross square

28  footage for each educational facility to be funded in whole or

29  in part by the state, including public broadcasting stations

30  but excluding postsecondary special purpose laboratory space.

31  The gross square footage determination standards may be

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  1  exceeded when the core facility space of an educational

  2  facility is constructed or renovated to accommodate the future

  3  addition of classrooms to meet projected increases in student

  4  enrollment. The department shall encourage multiple use of

  5  facilities and spaces in educational plants.

  6         (2)  Establish, for the purpose of determining need,

  7  equitably uniform utilization standards for all types of like

  8  space, regardless of the level of education.  These standards

  9  shall also establish, for postsecondary education classrooms,

10  a minimum room utilization rate of 40 hours per week and a

11  minimum station utilization rate of 60 percent.  These rates

12  shall be subject to increase based on national norms for

13  utilization of postsecondary education classrooms.

14         (3)  Require boards, including the Board of Regents, to

15  submit other educational plant inventories data and

16  statistical data or information relevant to construction,

17  capital improvements, and related costs.

18         (4)  Require each board, including the Board of

19  Regents, all agencies of the state, and other appropriate

20  agencies to submit complete and accurate financial data as to

21  the amounts of funds from all sources that are available and

22  spent for construction and capital improvements.  The

23  commissioner shall prescribe the format and the date for the

24  submission of this data and any other educational facilities

25  data. If any district does not submit the required educational

26  facilities fiscal data by the prescribed date, the

27  commissioner shall notify the district school board of this

28  fact and, if appropriate action is not taken to immediately

29  submit the required report, the district school board shall be

30  directed to proceed pursuant to the provisions of s.

31  230.23(11)(b). If any community college, college, or

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  1  university does not submit the required educational facilities

  2  fiscal data by the prescribed date, the same policy prescribed

  3  above for school districts shall be implemented.

  4         (5)  Administer, under the supervision of the

  5  commissioner, the Public Education Capital Outlay and Debt

  6  Service Trust Fund and the School District and Community

  7  College District Capital Outlay and Debt Service Trust Fund.

  8         (6)  Develop, review, update, and revise and recommend

  9  a mandatory portion of the Florida, uniform Building Code for

10  educational facilities construction and capital improvement by

11  boards.

12         (7)  Provide training, technical assistance, and

13  building code interpretation for requirements of the mandatory

14  Florida uniform Building Code for the educational facilities

15  construction and capital improvement programs of the boards

16  and, upon request, approve phase III construction documents

17  for remodeling, renovation, or new construction of educational

18  plants or ancillary facilities, except that the Board of

19  Regents shall approve specifications and construction

20  documents for the State University System. The Department of

21  Management Services may, upon request, provide similar

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

23  shall use the Florida Building Code and the Florida Fire

24  Prevention Code a state minimum building code adopted pursuant

25  to s. 553.73 and the National Fire Protection Association Life

26  Safety Code as adopted pursuant to chapter 633.

27         (8)  Provide minimum criteria, procedures, and training

28  to boards to conduct educational plant surveys and document

29  the determination of future needs.

30         (9)  Make available to boards, including the Board of

31  Regents, technical assistance, awareness training, and

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  1  research and technical publications relating to lifesafety,

  2  casualty, sanitation, environmental, maintenance, and

  3  custodial issues; and, as needed, technical assistance for

  4  survey, planning, design, construction, operation, and

  5  evaluation of educational and ancillary facilities and plants,

  6  facilities administrative procedures review, and training for

  7  new administrators.

  8         (10)(a)  Review and validate surveys proposed or

  9  amended by the boards and recommend to the Commissioner State

10  Board of Education, for approval, surveys that meet the

11  requirements of this chapter.

12         1.  The term "validate" as applied to surveys by school

13  districts means to review inventory data as submitted to the

14  department by district school boards; provide for review and

15  inspection, where required, of student stations and aggregate

16  square feet of inventory changed from satisfactory to

17  unsatisfactory or changed from unsatisfactory to satisfactory;

18  compare new school inventory to allocation limits provided by

19  this chapter; review cost projections for conformity with cost

20  limits set by s. 235.435(6); compare total capital outlay

21  full-time equivalent enrollment projections in the survey with

22  the department's projections; review facilities lists to

23  verify that student station and auxiliary facility space

24  allocations do not exceed the limits provided by this chapter

25  and related rules; review and confirm the application of

26  uniform facility utilization factors, where provided by this

27  chapter or related rules; utilize the documentation of

28  programs offered per site, as submitted by the board, to

29  analyze facility needs; confirm that need projections for

30  vocational and adult educational programs comply with needs

31  documented by the Office of Workforce and Economic Development

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  1  Division of Workforce Development; and confirm the assignment

  2  of full-time student stations to all space except auxiliary

  3  facilities, which, for purposes of exemption from student

  4  station assignment, include the following:

  5         a.  Cafeterias.

  6         b.  Multipurpose dining areas.

  7         c.  Media centers.

  8         d.  Auditoriums.

  9         e.  Administration.

10         f.  Elementary, middle, and high school resource rooms,

11  up to the number of such rooms recommended for the applicable

12  occupant and space design capacity of the educational plant in

13  the State Requirements for Educational Facilities, beyond

14  which student stations must be assigned.

15         g.  Elementary school skills labs, up to the number of

16  such rooms recommended for the applicable occupant and space

17  design capacity of the educational plant in the State

18  Requirements for Educational Facilities, beyond which student

19  stations must be assigned.

20         h.  Elementary school art and music rooms.

21         2.  The term "validate" as applied to surveys by

22  community colleges, colleges, and universities means to review

23  and document the approval of each new site and official

24  designation, where applicable; review the inventory database

25  as submitted by each board through the division directors to

26  the Commissioner the Division of Community Colleges, including

27  nonvocational, vocational, and total capital outlay full-time

28  equivalent enrollment projections per site and per college;

29  provide for the review and inspection, where required, of

30  student stations and aggregate square feet of space changed

31  from satisfactory to unsatisfactory; utilize and review the

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  1  documentation of programs offered per site submitted by the

  2  boards Division of Community Colleges as accurate for analysis

  3  of space requirements and needs; confirm that needs projected

  4  for vocational and adult educational programs comply with

  5  needs documented by the Office of Workforce and Economic

  6  Development Division of Workforce Development; compare new

  7  facility inventory to allocations limits as provided in this

  8  chapter; review cost projections for conformity with state

  9  averages or limits designated by this chapter; compare student

10  enrollment projections in the survey to the department's

11  projections; review facilities lists to verify that area

12  allocations and space factors for generating space needs do

13  not exceed the limits as provided by this chapter and related

14  rules; confirm the application of facility utilization factors

15  as provided by this chapter and related rules; and review, as

16  submitted, documentation of how survey recommendations will

17  implement the detail of current campus master plans and

18  integrate with local comprehensive plans and development

19  regulations.

20         (b)  Recommend priority of projects to be funded for

21  approval by the state board, when required by law.

22         (11)  Prepare the commissioner's comprehensive fixed

23  capital outlay legislative budget request and provide annually

24  to the State Board of Community Colleges and the Board of

25  Regents an estimate of the funds available to that board for

26  developing their required 3-year priority lists list. This

27  amount shall be based upon the average percentage for the 5

28  prior years of funds appropriated by the Legislature for fixed

29  capital outlay to each level of public education:  public

30  schools, community colleges, and the State University System.

31

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  1         (12)  Perform any other functions that may be involved

  2  in educational facilities construction and capital improvement

  3  which shall ensure that the intent of the Legislature is

  4  implemented.

  5         Section 3.  Section 235.017, Florida Statutes, is

  6  amended to read:

  7         235.017  Boards to ensure that facilities comply with

  8  building codes and life safety codes.--

  9         (1)  Boards shall ensure that all new construction,

10  renovation, remodeling, day labor, and maintenance projects

11  conform to the Florida Building Code, Florida Fire Prevention

12  Code, State Uniform Building Code for Public Educational

13  Facilities Construction or, where applicable as authorized in

14  other sections of law, other building codes, and life safety

15  codes.

16         (2)  Boards may provide compliance as follows:

17         (a)  Boards or consortia may individually or

18  cooperatively provide review services under the insurance risk

19  management oversight through the use of board employees or

20  consortia employees, registered pursuant to chapter 471 or

21  chapter 481 or part XII of chapter 468.

22         (b)  Boards may elect to review construction documents

23  using their own employees registered pursuant to chapter 471

24  or chapter 481 or part XII of chapter 468.

25         (c)  Boards may submit phase III construction documents

26  for review to the department.

27         (d)  Boards or consortia may contract for plan review

28  services directly with engineers and architects registered

29  pursuant to chapter 471 or chapter 481.

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

31  request, provide facilities services for the Florida School

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  1  for the Deaf and the Blind, the Division of Blind Services,

  2  and Public Broadcasting. As used in this section, the term

  3  "facilities services" means project management, code and

  4  design plan review, and code compliance inspection for

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

  6         Section 4.  Section 235.02, Florida Statutes, is

  7  amended to read:

  8         235.02  Use of buildings and grounds.--The board,

  9  including the Board of Regents, may permit the use of

10  educational facilities and grounds for any legal assembly or

11  for community use centers or may permit the same to be used as

12  voting places in any primary, regular, or special election.

13  The board shall adopt rules or policies and procedures

14  necessary to protect educational facilities and grounds when

15  used for such purposes.

16         Section 5.  Subsection (1) of section 235.04, Florida

17  Statutes, is amended to read:

18         235.04  Disposal of property.--

19         (1)  REAL PROPERTY.--Subject to rules of the State

20  Board Commissioner of Education, a board may dispose of any

21  land or real property that is, by resolution of the board,

22  determined to be unnecessary for educational purposes as

23  recommended in an educational plant survey.  A board shall

24  take diligent measures to dispose of educational property only

25  in the best interests of the public.  However, appraisals may

26  be obtained by the board prior to or simultaneously with the

27  receipt of bids.

28         Section 6.  Notwithstanding subsection (7) of section 3

29  of chapter 2000-321, Laws of Florida, subsection (3) of

30  section 235.05, Florida Statutes, shall not stand repealed on

31  January 7, 2003, as scheduled by that act, but that subsection

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  1  is reenacted and amended and subsection (2) of that section is

  2  amended to read:

  3         235.05  Right of eminent domain.--

  4         (2)  The board of trustees of a community college may

  5  exercise the power right of eminent domain as provided in s.

  6  240.319(4)(d).

  7         (3)  The boards of trustees of colleges and

  8  universities Board of Regents may exercise the power right of

  9  eminent domain as provided in s. 240.217.

10         Section 7.  Subsection (1) and paragraph (a) of

11  subsection (2) of section 235.056, Florida Statutes, are

12  amended to read:

13         235.056  Lease, rental, and lease-purchase of

14  educational facilities and sites.--

15         (1)  A board, including the Board of Regents, may lease

16  any land, facilities, or educational plants owned by it to any

17  person or entity for such term, for such rent, and upon such

18  terms and conditions as the board determines to be in its best

19  interests; any such lease may provide for the optional or

20  binding purchase of the land, facilities, or educational

21  plants by the lessee upon such terms and conditions as the

22  board determines are in its best interests.  A determination

23  that any such land, facility, or educational plant so leased

24  is unnecessary for educational purposes is not a prerequisite

25  to the leasing or lease-purchase of such land, facility, or

26  educational plant. Prior to entering into or executing any

27  such lease, a board shall consider approval of the lease or

28  lease-purchase agreement at a public meeting, at which a copy

29  of the proposed agreement in its final form shall be available

30  for inspection and review by the public, after due notice as

31  required by law.

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  1         (2)(a)  A school board may rent or lease educational

  2  facilities and sites as defined in s. 235.011. Educational

  3  facilities and sites rented or leased for 1 year or less shall

  4  be funded through the operations budget or funds derived from

  5  millage proceeds pursuant to s. 236.25(2).  A lease contract

  6  for 1 year or less, when extended or renewed beyond a year,

  7  becomes a multiple-year lease.  Operational funds or funds

  8  derived from millage proceeds pursuant to s. 236.25(2) may be

  9  authorized to be expended for multiple-year leases.  All

10  leased facilities and sites must be inspected prior to

11  occupancy by the authority having jurisdiction board's Uniform

12  Building Code inspector, who shall report to the department.

13         1.  Beginning July 1, 1995, all newly leased spaces

14  must be inspected and brought into compliance with the Florida

15  state minimum Building Code pursuant to chapter 553, and the

16  life safety codes pursuant to chapter 633, prior to occupancy,

17  using the board's operations budget or funds derived from

18  millage proceeds pursuant to s. 236.25(2).  As an alternative,

19  the board may elect to comply with the State Uniform Building

20  Code for Public Educational Facilities Construction instead of

21  the state minimum building code or the life safety code, or

22  both.

23         2.  Plans for renovation or remodeling of leased space

24  shall conform to the Florida Building Code and the Florida

25  Fire Prevention Code state minimum building and life safety

26  codes for educational occupancies, or other occupancies as

27  appropriate, as required in chapters 553 and 633, prior to

28  occupancy.  As an alternative, the board may elect to comply

29  with the State Uniform Building Code for Public Educational

30  Facilities Construction instead of the state minimum building

31  code or the life safety code, or both.

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  1         3.  All leased facilities must be inspected annually

  2  for firesafety deficiencies in accordance with the applicable

  3  code and have corrections made in accordance with s. 235.06.

  4  Operational funds or funds derived from millage proceeds

  5  pursuant to s. 236.25(2) may be used to correct deficiencies

  6  in leased space.

  7         4.  When the board declares that a public emergency

  8  exists, it may take up to 30 days to bring the leased facility

  9  into compliance with the requirements of the State Board

10  Commissioner of Education rules.

11         (b)  A board is authorized to lease-purchase

12  educational facilities and sites as defined in s. 235.011.

13  The lease-purchase of educational facilities and sites shall

14  be as required by s. 235.26, be advertised for and receive

15  competitive proposals and be awarded to the best proposer, and

16  be funded using current or other funds specifically authorized

17  by law to be used for such purpose.

18         1.  A district school board, by itself, or through a

19  direct-support organization formed pursuant to s. 237.40 or

20  nonprofit educational organization or a consortium of district

21  school boards, may, in developing a lease-purchase of

22  educational facilities and sites provide for separately

23  advertising for and receiving competitive bids or proposals on

24  the construction of facilities and the selection of financing

25  to provide the lowest cost funding available, so long as the

26  board determines that such process would best serve the public

27  interest and the pledged revenues are limited to those

28  authorized in s. 236.25(2)(e).

29         2.  All activities and information, including lists of

30  individual participants, associated with agreements made

31

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  1  pursuant to this section shall be subject to the provisions of

  2  chapter 119 and s. 286.011.

  3         (c)1.  The term of any lease-purchase agreement,

  4  including the initial term and any subsequent renewals, shall

  5  not exceed the useful life of the educational facilities and

  6  sites for which the agreement is made, or 30 years, whichever

  7  is less.

  8         2.  The initial term or any renewal term of any

  9  lease-purchase agreement shall expire on June 30 of each

10  fiscal year, but may be automatically renewed annually,

11  subject to a board making sufficient annual appropriations

12  therefor. Under no circumstances shall the failure of a board

13  to renew a lease-purchase agreement constitute a default or

14  require payment of any penalty, nor in any way limit the right

15  of a board to purchase or utilize educational facilities and

16  sites similar in function to the educational facilities and

17  sites which are the subject of the said lease-purchase

18  agreement.  Educational facilities and sites being acquired

19  pursuant to a lease-purchase agreement shall be exempt from ad

20  valorem taxation.

21         3.  No lease-purchase agreement entered into pursuant

22  to this subsection shall constitute a debt, liability, or

23  obligation of the state or a board or shall be a pledge of the

24  faith and credit of the state or a board.

25         4.  Any lease-purchase agreement entered into pursuant

26  to this subsection shall stipulate an annual rate which may

27  consist of a principal component and an interest component,

28  provided that the maximum interest rate of any interest

29  component payable under any such lease-purchase agreement, or

30  any participation or certificated portion thereof, shall be

31

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  1  calculated in accordance with and be governed by the

  2  provisions of s. 215.84.

  3         Section 8.  Notwithstanding subsection (7) of section 3

  4  of chapter 2000-321, Laws of Florida, section 235.057, Florida

  5  Statutes, shall not stand repealed on January 7, 2003, as

  6  scheduled by that act, but that section is reenacted and

  7  amended to read:

  8         235.057  Purchase, conveyance, or encumbrance of

  9  property interests above surface of land; joint-occupancy

10  structures.--For the purpose of implementing jointly financed

11  construction project agreements, or for the construction of

12  combined occupancy structures, any board, including the Board

13  of Regents, may purchase, own, convey, sell, lease, or

14  encumber airspace or any other interests in property above the

15  surface of the land, provided the lease of airspace for

16  nonpublic use is for such reasonable rent, length of term, and

17  conditions as the board in its discretion may determine.  All

18  proceeds from such sale or lease shall be used by the board or

19  boards receiving the proceeds solely for fixed capital outlay

20  purposes.  These purposes may include the renovation or

21  remodeling of existing facilities owned by the board or the

22  construction of new facilities; however, for the Board of

23  Regents or a community college, college, or university board,

24  such new facility must be authorized by the Legislature.  It

25  is declared that the use of such rental by the board for

26  public purposes in accordance with its statutory authority is

27  a public use.  Airspace or any other interest in property held

28  by the Board of Trustees of the Internal Improvement Trust

29  Fund or the State Board of Education may not be divested or

30  conveyed without approval of the respective board.  Any

31  building, including any building or facility component that is

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  1  common to both nonpublic and educational portions thereof,

  2  constructed in airspace that is sold or leased for nonpublic

  3  use pursuant to this section is subject to all applicable

  4  state, county, and municipal regulations pertaining to land

  5  use, zoning, construction of buildings, fire protection,

  6  health, and safety to the same extent and in the same manner

  7  as such regulations would be applicable to the construction of

  8  a building for nonpublic use on the appurtenant land beneath

  9  the subject airspace.  Any educational facility constructed or

10  leased as a part of a joint-occupancy facility is subject to

11  all rules and requirements of the respective boards or

12  departments having jurisdiction over educational facilities.

13         Section 9.  Section 235.06, Florida Statutes, is

14  amended to read:

15         235.06  Safety and sanitation standards and inspection

16  of property.--The State Board Commissioner of Education shall

17  adopt and administer rules prescribing standards for the

18  safety and health of occupants of educational and ancillary

19  plants as a part of the Florida State Uniform Building Code

20  for Public Educational Facilities Construction as provided in

21  s. 235.26, the provisions of chapter 633 to the contrary

22  notwithstanding. These standards must be used by all public

23  agencies when inspecting public educational and ancillary

24  plants. In accordance with such standards, each board shall

25  prescribe policies and procedures establishing a comprehensive

26  program of safety and sanitation for the protection of

27  occupants of public educational and ancillary plants.  Such

28  policies must contain procedures for periodic inspections as

29  prescribed herein and for withdrawal of any educational and

30  ancillary plant, or portion thereof, from use until unsafe or

31  unsanitary conditions are corrected or removed.

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  1         (1)  PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--

  2         (a)  Each board shall provide for periodic inspection

  3  of each educational and ancillary plant at least once during

  4  each fiscal year to determine compliance with standards of

  5  sanitation and casualty safety prescribed in the rules of the

  6  State Board of Education commissioner.

  7         (b)  Firesafety inspections of each educational and

  8  ancillary plant must be made annually by persons certified by

  9  the Division of State Fire Marshal to be eligible to conduct

10  firesafety inspections in public educational and ancillary

11  plants.

12         (c)  In each firesafety inspection report, the board

13  shall include a plan of action and a schedule for the

14  correction of each deficiency.  If immediate life-threatening

15  deficiencies are noted in any inspection, the board shall

16  either take action to promptly correct the deficiencies or

17  withdraw the educational or ancillary plant from use until

18  such time as the deficiencies are corrected.

19         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

20  AGENCIES.--

21         (a)  A safety or sanitation inspection of any

22  educational or ancillary plant may be made at any time by the

23  Department of Education or any other state or local agency

24  authorized or required to conduct such inspections by either

25  general or special law.  Each agency conducting inspections

26  shall use the standards adopted by the Commissioner of

27  Education in lieu of, and to the exclusion of, any other

28  inspection standards prescribed either by statute or

29  administrative rule, the provisions of chapter 633 to the

30  contrary notwithstanding.  The agency shall submit a copy of

31  the inspection report to the board.

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  1         (b)  In addition to school board inspections, the

  2  applicable local fire control authority shall also annually

  3  inspect school board educational facilities within its fire

  4  control district, using the standards adopted by the

  5  Commissioner of Education. Reports shall be filed with the

  6  school board, and a copy shall be on file with the local site

  7  administrator.

  8         (3)  CORRECTIVE ACTION.--Upon failure of the board to

  9  take corrective action within a reasonable time, the agency

10  making the inspection may request the commissioner to:

11         (a)  Order that appropriate action be taken to correct

12  all deficiencies in accordance with a schedule determined

13  jointly by the inspecting authority and the board; in

14  developing the schedule, consideration must be given to the

15  seriousness of the deficiencies and the ability of the board

16  to obtain the necessary funds; or

17         (b)  After 30 calendar days' notice to the board, order

18  all or a portion of the educational or ancillary plant

19  withdrawn from use until the deficiencies are corrected.

20         Section 10.  Subsection (1) of section 235.061, Florida

21  Statutes, is amended to read:

22         235.061  Standards for relocatables used as classroom

23  space; inspections.--

24         (1)  The Commissioner of Education shall adopt rules

25  establishing standards for relocatables intended for long-term

26  use as classroom space at a public elementary school, middle

27  school, or high school. "Long-term use" means the use of

28  relocatables at the same educational plant for a period of 4

29  years or more. These rules must be implemented by July 1,

30  1998, and each relocatable acquired by a district school board

31  after the effective date of the rules and intended for

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  1  long-term use must comply with the standards. The rules shall

  2  require that, by July 1, 2002, relocatables that fail to meet

  3  the standards may not be used as classrooms. The standards

  4  shall protect the health, safety, and welfare of occupants by

  5  requiring compliance with the state requirements for

  6  educational facilities Uniform Building Code for Public

  7  Educational Facilities or other locally adopted state minimum

  8  building codes to ensure the safety and stability of

  9  construction and onsite installation; fire and moisture

10  protection; air quality and ventilation; appropriate wind

11  resistance; and compliance with the requirements of the

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

13  standards must also require relocatables to provide access to

14  the same technologies available to similar classrooms within

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

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

17  commissioner shall adopt standards for all relocatables

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

19  is subject to this section and does not meet the standards

20  shall not be reported as providing satisfactory student

21  stations in the Florida Inventory of School Houses.

22         Section 11.  Notwithstanding subsection (7) of section

23  3 of chapter 2000-321, Laws of Florida, section 235.15,

24  Florida Statutes, shall not stand repealed on January 7, 2003,

25  as scheduled by that act, but that section is reenacted and

26  amended to read:

27         235.15  Educational plant survey; localized need

28  assessment; PECO project funding.--

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

30  Board of Regents, shall arrange for an educational plant

31  survey, to aid in formulating plans for housing the

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  1  educational program and student population, faculty,

  2  administrators, staff, and auxiliary and ancillary services of

  3  the district or campus, including consideration of the local

  4  comprehensive plan. The Office of Workforce and Economic

  5  Division of Workforce Development shall document the need for

  6  additional career and adult education programs and the

  7  continuation of existing programs before facility construction

  8  or renovation related to career or adult education may be

  9  included in the educational plant survey of a school district

10  or community college that delivers career or adult education

11  programs. Information used by the Office or Workforce and

12  Economic Division of Workforce Development to establish

13  facility needs must include, but need not be limited to, labor

14  market data, needs analysis, and information submitted by the

15  school district or community college.

16         (a)  Survey preparation and required data.--Each survey

17  shall be conducted by the board or an agency employed by the

18  board. Surveys shall be reviewed and approved by the board,

19  and a file copy shall be submitted to the commissioner.  The

20  survey report shall include at least an inventory of existing

21  educational and ancillary plants; recommendations for existing

22  educational and ancillary plants; recommendations for new

23  educational or ancillary plants, including the general

24  location of each in coordination with the land use plan;

25  campus master plan update and detail for community colleges;

26  the utilization of school plants based on an extended school

27  day or year-round operation; and such other information as may

28  be required by the rules of the State Board of Education. This

29  report may be amended, if conditions warrant, at the request

30  of the board or commissioner.

31

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  1         (b)  Required need assessment criteria for district,

  2  community college, college, and state university plant

  3  surveys.--Each educational plant survey completed after

  4  December 31, 1997, must use uniform data sources and criteria

  5  specified in this paragraph.  Each educational plant survey

  6  completed after June 30, 1995, and before January 1, 1998,

  7  must be revised, if necessary, to comply with this paragraph.

  8  Each revised educational plant survey and each new educational

  9  plant survey supersedes previous surveys.

10         1.  Each school district's educational plant survey

11  must reflect the capacity of existing satisfactory facilities

12  as reported in the Florida Inventory of School Houses.

13  Projections of facility space needs may not exceed the norm

14  space and occupant design criteria established by the State

15  Requirements for Educational Facilities. Existing and

16  projected capital outlay full-time equivalent student

17  enrollment must be consistent with data prepared by the

18  department and must include all enrollment used in the

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

20  satisfactory relocatable classrooms, including those owned,

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

22  included in the school district inventory of gross capacity of

23  facilities and must be counted at actual student capacity for

24  purposes of the inventory. For future needs determination,

25  student capacity shall not be assigned to any relocatable

26  classroom that is scheduled for elimination or replacement

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

28  educational plant survey and in the district facilities work

29  program adopted under s. 235.185. Those relocatables clearly

30  identified and scheduled for replacement in a school board

31  adopted financially feasible 5-year district facilities work

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

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

  3  if the district facilities work program is changed or altered

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

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

  6  counting at actual capacity. Relocatables may not be

  7  perpetually added to the work program and continually extended

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

  9  remaining relocatable classrooms, including those owned,

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

11  counted at actual student capacity. The educational plant

12  survey shall identify the number of relocatable student

13  stations scheduled for replacement during the 5-year survey

14  period and the total dollar amount needed for that

15  replacement. All district educational plant surveys revised

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

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

18  accordance with the recommendations of the department's report

19  authorized in s. 235.056. A definition of satisfactory

20  relocatable classrooms shall be established by rule of the

21  department.

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

23  facility, or cooperative vocational education facility must be

24  based on capital outlay full-time equivalent student

25  enrollment data prepared by the department for school

26  districts, community colleges, colleges, and by the Division

27  of Community Colleges for community colleges, and by the Board

28  of Regents for state universities. A survey of space needs of

29  a joint-use facility shall be based upon the respective space

30  needs of the school districts, community colleges, colleges,

31  and universities, as appropriate. Projections of a school

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  1  district's facility space needs may not exceed the norm space

  2  and occupant design criteria established by the State

  3  Requirements for Educational Facilities.

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

  5  capacity of existing facilities as specified in the inventory

  6  maintained by the Division of Community Colleges.  Projections

  7  of facility space needs must comply with standards for

  8  determining space needs as specified by rule of the State

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

10  student enrollment must be consistent with the annual report

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

12  Division of Community Colleges.

13         4.  Each college's and state university's survey must

14  reflect the capacity of existing facilities as specified in

15  the inventory maintained and validated by the Division of

16  Colleges and Universities Board of Regents.  Projections of

17  facility space needs must be consistent with standards for

18  determining space needs approved by the Division of Colleges

19  and Universities Board of Regents. The projected capital

20  outlay full-time equivalent student enrollment must be

21  consistent with the 5-year planned enrollment cycle for the

22  State University System approved by the Division of Colleges

23  and Universities Board of Regents.

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

25  community college, college, or state university may include

26  space needs that deviate from approved standards for

27  determining space needs if the deviation is justified by the

28  district or institution and approved by the department or the

29  Board of Regents, as appropriate, as necessary for the

30  delivery of an approved educational program.

31

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  1         (c)  Review and validation.--The department shall

  2  review and validate the surveys of school districts, and

  3  community colleges, colleges, and universities, and any

  4  amendments thereto for compliance with the requirements of

  5  this chapter and, when required by the State Constitution,

  6  shall recommend those in compliance for approval by the State

  7  Board of Education.

  8         (2)  Only the superintendent, or the college president,

  9  or university president shall certify to the department a

10  project's compliance with the requirements for expenditure of

11  PECO funds prior to release of funds.

12         (a)  Upon request for release of PECO funds for

13  planning purposes, certification must be made to the

14  department that the need and location of the facility are in

15  compliance with the board-approved survey recommendations and

16  that the project meets the definition of a PECO project and

17  the limiting criteria for expenditures of PECO funding.

18         (b)  Upon request for release of construction funds,

19  certification must be made to the department that the need and

20  location of the facility are in compliance with the

21  board-approved survey recommendations, that the project meets

22  the definition of a PECO project and the limiting criteria for

23  expenditures of PECO funding, and that the construction

24  documents meet the requirements of the Florida State Uniform

25  Building Code for Educational Facilities Construction or other

26  applicable codes as authorized in this chapter.

27         Section 12.  Section 235.155, Florida Statutes, is

28  amended to read:

29         235.155  Exception to recommendations in educational

30  plant survey.--An exception to the recommendations in the

31  educational plant survey may be allowed if a board considers,

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  1  including the Board of Regents, deems that it will be

  2  advantageous to the welfare of the educational system or that

  3  it will make possible a substantial saving of funds.  A board,

  4  including the Board of Regents, upon determining that an

  5  exception is warranted, must present a full statement, in

  6  writing, setting forth all the facts to the State Board of

  7  Education for approval Commissioner of Education.

  8         Section 13.  Section 235.18, Florida Statutes, is

  9  amended to read:

10         235.18  Annual capital outlay budget.--Each board,

11  including the Board of Regents, shall, each year, adopt a

12  capital outlay budget for the ensuing year in order that the

13  capital outlay needs of the board for the entire year may be

14  well understood by the public.  This capital outlay budget

15  shall be a part of the annual budget and shall be based upon

16  and in harmony with the board's capital outlay educational

17  plant and ancillary facilities plan. This budget shall

18  designate the proposed capital outlay expenditures by project

19  for the year from all fund sources. The board may not expend

20  any funds on any project not included in the budget, as

21  amended. Each district school board must prepare its tentative

22  district facilities work program as required by s. 235.185

23  before adopting the capital outlay budget.

24         Section 14.  Subsections (1), (2), and (3) of section

25  235.19, Florida Statutes, are amended to read:

26         235.19  Site planning and selection.--

27         (1)  Before acquiring property for sites, each board

28  shall determine the location of proposed educational centers

29  or campuses for the board.  In making this determination, the

30  board shall consider existing and anticipated site needs and

31  the most economical and practicable locations of sites.  The

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  1  board shall coordinate with the long-range or comprehensive

  2  plans of local, regional, and state governmental agencies to

  3  assure the compatibility of such plans with site planning.

  4  Boards are encouraged to locate educational facilities schools

  5  proximate to urban residential areas to the extent possible,

  6  and shall seek to collocate educational facilities schools

  7  with other public facilities, such as parks, libraries, and

  8  community centers, to the extent possible.

  9         (2)  Each new site selected must be adequate in size to

10  meet the educational needs of the students to be served on

11  that site by the original educational facility or future

12  expansions of the facility through renovation or the addition

13  of relocatables. The State Board Commissioner of Education

14  shall prescribe by rule recommended sizes for new sites

15  according to categories of students to be housed and other

16  appropriate factors determined by the state board

17  commissioner. Less-than-recommended site sizes are allowed if

18  the board, by a two-thirds majority, recommends such a site

19  and finds that it can provide an appropriate and equitable

20  educational program on the site.

21         (3)  Sites recommended for purchase, or purchased, in

22  accordance with chapter 230 or chapter 240 must meet standards

23  prescribed therein and such supplementary standards as the

24  State Board of Education commissioner prescribes to promote

25  the educational interests of the students.  Each site must be

26  well drained and suitable for outdoor educational purposes as

27  appropriate for the educational program. As provided in s.

28  333.03, the site must not be located within any path of flight

29  approach of any airport. Insofar as is practicable, the site

30  must not adjoin a right-of-way of any railroad or through

31  highway and must not be adjacent to any factory or other

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  1  property from which noise, odors, or other disturbances, or at

  2  which conditions, would be likely to interfere with the

  3  educational program.

  4         Section 15.  Subsection (3) is added to section

  5  235.192, Florida Statutes, to read:

  6         235.192  Coordination of school safety information;

  7  construction design documents.--

  8         (3)  Beginning October 1, 2002, each college or

  9  university president must provide to the law enforcement

10  agency and fire department that has jurisdiction over the

11  college or university a copy of the floor plans and other

12  relevant documents for each educational facility as defined in

13  235.011(6). After the initial submission of the floor plans

14  and other relevant documents, the president shall submit, by

15  October 1 of each year, revised floor plans and other relevant

16  documents for each educational facility that was modified

17  during the preceding year.

18         Section 16.  Subsections (2), (3), and (5) of section

19  235.193, Florida Statutes, are amended to read:

20         235.193  Coordination of planning with local governing

21  bodies.--

22         (2)  A school board and the local governing body must

23  share and coordinate information related to existing and

24  planned public school facilities; proposals for development,

25  redevelopment, or additional development; and infrastructure

26  required to support the public school facilities, concurrent

27  with proposed development. A school board shall use Department

28  of Education enrollment projections when preparing the 5-year

29  district facilities work program pursuant to s. 235.185, and a

30  school board shall affirmatively demonstrate in the

31  educational facilities report consideration of local

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  1  governments' population projections to ensure that the 5-year

  2  work program not only reflects enrollment projections but also

  3  considers applicable municipal and county growth and

  4  development projections. A school board is precluded from

  5  siting a new school in a jurisdiction where the school board

  6  has failed to provide the annual educational facilities report

  7  for the prior year required pursuant to s. 235.194 unless the

  8  failure is corrected.

  9         (3)  The location of public educational facilities

10  shall be consistent with the comprehensive plan of the

11  appropriate local governing body developed under part II of

12  chapter 163 and the plan's implementing land development

13  regulations, to the extent that the regulations are not in

14  conflict with or the subject regulated is not specifically

15  addressed by this chapter or the state requirements for

16  educational facilities Uniform Building Code, unless mutually

17  agreed by the local government and the board.

18         (5)  As early in the design phase as feasible, but at

19  least before commencing construction of a new public

20  educational facility, the local governing body that regulates

21  the use of land shall determine, in writing within 90 days

22  after receiving the necessary information and a school board's

23  request for a determination, whether a proposed public

24  educational facility is consistent with the local

25  comprehensive plan and local land development regulations, to

26  the extent that the regulations are not in conflict with or

27  the subject regulated is not specifically addressed by this

28  chapter or the State Uniform Building Code, unless mutually

29  agreed. If the determination is affirmative, school

30  construction may proceed and further local government

31  approvals are not required, except as provided in this

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  1  section. Failure of the local governing body to make a

  2  determination in writing within 90 days after a school board's

  3  request for a determination of consistency shall be considered

  4  an approval of the school board's application.

  5         Section 17.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 235.195,

  7  Florida Statutes, shall not stand repealed on January 7, 2003,

  8  as scheduled by that act, but that section is reenacted and

  9  amended to read:

10         235.195  Cooperative development and joint use of

11  facilities by two or more boards.--

12         (1)  Two or more boards, including district school

13  boards, community college boards of trustees, college boards

14  of trustees, the Board of Trustees for the Florida School for

15  the Deaf and the Blind, and university boards of trustees the

16  Board of Regents, desiring to cooperatively establish a common

17  educational facility to accommodate students shall:

18         (a)  Jointly request a formal assessment by the

19  commissioner, Director of the Division State Board of

20  Community Colleges, or Director of the Division of Colleges

21  and Universities Board of Regents, as appropriate, of the

22  academic program need and the need to build new joint-use

23  facilities to house approved programs. Completion of the

24  assessment and approval of the project by the State Board of

25  Education or Board of Regents, the State Board of Community

26  Colleges, or the Commissioner of Education, as appropriate,

27  should be done prior to conducting an educational facilities

28  survey.

29         (b)  Demonstrate the need for construction of new

30  joint-use facilities involving postsecondary institutions by

31  those institutions presenting evidence of the presence of

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  1  sufficient actual full-time equivalent enrollments in the

  2  locale in leased, rented, or borrowed spaces to justify the

  3  requested facility for the programs identified in the formal

  4  assessment rather than using projected or anticipated future

  5  full-time equivalent enrollments as justification.  If the

  6  decision is made to construct new facilities to meet this

  7  demonstrated need, then building plans should consider

  8  full-time equivalent enrollment growth facilitated by this new

  9  construction and subsequent new program offerings made

10  possible by the existence of the new facilities.

11         (c)  Adopt and submit to the commissioner a joint

12  resolution of the participating boards indicating their

13  commitment to the utilization of the requested facility and

14  designating the locale of the proposed facility.  The joint

15  resolution shall contain a statement of determination by the

16  participating boards that alternate options, including the use

17  of leased, rented, or borrowed space, were considered and

18  found less appropriate than construction of the proposed

19  facility.  The joint resolution shall contain assurance that

20  the development of the proposed facility has been examined in

21  conjunction with the programs offered by neighboring public

22  educational facilities offering instruction at the same level.

23  The joint resolution also shall contain assurance that each

24  participating board shall provide for continuity of

25  educational progression.  All joint resolutions shall be

26  submitted to the commissioner by August 1 for consideration of

27  funding by the subsequent Legislature.

28         (d)  Submit requests for funding of joint-use

29  facilities projects involving state universities, colleges,

30  and community colleges for approval by the Director of the

31  Division of Colleges and Universities Board of Regents or the

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  1  Director of the Division State Board of Community Colleges, as

  2  appropriate.  The respective division directors boards shall

  3  determine the priority for funding these projects in relation

  4  to the priority of all other capital outlay projects under

  5  their consideration. To be eligible for funding from the

  6  Public Education Capital Outlay and Debt Service Trust Fund

  7  under the provisions of this section, projects involving both

  8  state universities, colleges, and community colleges shall

  9  appear on the Division of Colleges and Universities Board of

10  Regents and the Division State Board of Community Colleges

11  3-year capital outlay priority list required by s. 235.435.

12  Projects involving a state university, college, community

13  college, and a public school, and in which the larger share of

14  the proposed facility is for the use of the state university,

15  college, or the community college, shall appear on the

16  Division of Colleges and Universities Board of Regents and

17  Division State Board of Community Colleges 3-year capital

18  outlay priority list, as applicable.

19         (e)  Include in their joint resolution for the

20  joint-use facilities, comprehensive plans for the operation

21  and management of the facility upon completion.  Institutional

22  responsibilities for specific functions shall be identified,

23  including designation of one participating board as sole owner

24  of the facility. Operational funding arrangements shall be

25  clearly defined.

26         (2)  An educational plant survey must be conducted

27  within 90 days after submission of the joint resolution and

28  substantiating data describing the benefits to be obtained,

29  the programs to be offered, and the estimated cost of the

30  proposed project.  Upon completion of the educational plant

31  survey, the participating boards may include the recommended

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  1  projects in their plan as provided in s. 235.15. Upon approval

  2  of the project by the commissioner, 25 percent of the total

  3  cost of the project, or the pro rata share based on space

  4  utilization of 25 percent of the cost, must be included in the

  5  department's legislative capital outlay budget request as

  6  provided in s. 235.41 for educational plants. The

  7  participating boards must include in their joint resolution a

  8  commitment to finance the remaining funds necessary to

  9  complete the planning, construction, and equipping of the

10  facility.  Funds from the Public Education Capital Outlay and

11  Debt Service Trust Fund may not be expended on any project

12  unless specifically authorized by the Legislature.

13         (3)  Included in all proposals for joint-use facilities

14  must be documentation that the proposed new campus or new

15  joint-use facility has been reviewed by the Council for

16  Education Policy Research and Improvement and the Florida

17  Board of Education, Postsecondary Education Planning

18  Commission, recommended to the State Board of Education, and

19  has been formally requested for authorization by the

20  Legislature in accordance with s. 240.147(8).

21         (4)  No school board, community college, college, or

22  state university shall receive funding for more than one

23  approved joint-use facility per campus in any 3-year period.

24         Section 18.  Notwithstanding subsection (7) of section

25  3 of chapter 2000-321, Laws of Florida, section 235.199,

26  Florida Statutes, shall not stand repealed on January 7, 2003,

27  as scheduled by that act, but that section is reenacted and

28  amended to read:

29         235.199  Cooperative funding of vocational educational

30  facilities.--

31

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  1         (1)  Each district school board operating a designated

  2  area technical center may submit, prior to August 1 of each

  3  year, a request to the commissioner for funds from the Public

  4  Education Capital Outlay and Debt Service Trust Fund to plan,

  5  construct, and equip a career educational facility identified

  6  as being critical to the economic development and the

  7  workforce needs of the school district.  Prior to submitting a

  8  request, each school district shall:

  9         (a)  Adopt and submit to the commissioner a resolution

10  indicating its commitment to fund the planning, construction,

11  and equipping of the proposed facility at 40 percent of the

12  requested project amount.  The resolution shall also designate

13  the locale of the proposed facility.  If funds from a private

14  or noneducational public entity are to be committed to the

15  project, then a joint resolution shall be required.

16         (b)  Except as provided in paragraph (5)(b), levy the

17  maximum millage against the nonexempt assessed property value

18  as provided in s. 236.25(2).

19         (c)  Certify to the Office of Workforce and Economic

20  Division of Workforce Development that the project has been

21  survey recommended.

22         (d)  Certify to the Office of Workforce and Economic

23  Division of Workforce Development that final phase III

24  construction documents comply with applicable building codes

25  and life safety codes.

26         (e)  Sign an agreement that the district school board

27  shall advertise for bids within 90 days of receiving an

28  encumbrance authorization from the department.

29         (f)  If a construction contract has not been signed 90

30  days after the advertising of bids, certify to the Office of

31  Workforce and Economic Division of Workforce Development and

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  1  the department the cause for delay. Upon request, an

  2  additional 90 days may be granted by the commissioner.

  3         (2)  The Office of Workforce and Economic Division of

  4  Workforce Development shall establish the need for additional

  5  career education programs and the continuation of existing

  6  programs before facility construction or renovation related to

  7  career education can be included in the educational plant

  8  survey. Information used by the Office of Workforce and

  9  Economic Division of Workforce Development to establish

10  facility needs shall include, but not be limited to, labor

11  market needs analysis and information submitted by the school

12  districts.

13         (3)  The total cost of the proposed facility shall be

14  determined by the district school board using established

15  state board averages for determining new construction cost.

16         (4)(a)  A career education construction committee shall

17  be composed of the following:  three representatives from the

18  Department of Education and one representative from the

19  Executive Office of the Governor.

20         (b)  The committee shall review and evaluate the

21  requests submitted from the school districts and rank the

22  requests in priority order in accordance with statewide

23  critical needs.  This statewide priority list shall be

24  submitted to the commissioner.

25         (c)  The commissioner's legislative capital outlay

26  budget request may include up to 2 percent of the new

27  construction allocation to public schools for area

28  vocational-technical capital outlay projects recommended by

29  the career education construction committee.

30         (5)(a)  Upon approval of a project, the commissioner

31  shall include up to 60 percent of the total cost of the

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  1  project in the legislative capital outlay budget request as

  2  provided in s. 235.41 for educational plants.  The

  3  participating district school board shall provide 40 percent

  4  of the total cost of the project.  When practical, the

  5  district school board shall solicit and encourage a private or

  6  noneducational public entity to commit to finance a portion of

  7  the funds to complete the planning, construction, and

  8  equipping of the facility.  If a site does not exist, the

  9  purchase price or, if donated, the assessed value of a site

10  may be included in meeting the funding requirements of the

11  district school board, a private or noneducational public

12  entity, or the educational agency.  The value of existing

13  sites, intended to satisfy any portion of the funding

14  requirement of a private or noneducational public entity,

15  shall be determined by an independent appraiser under contract

16  with the board.  The size of the site to adequately provide

17  for the implementation of the proposed educational programs

18  shall be determined by the board.  Funds from the Public

19  Education Capital Outlay and Debt Service Trust Fund may not

20  be expended on any project unless specifically authorized by

21  the Legislature.

22         (b)  In the event that a school district is not levying

23  the maximum millage against the nonexempt assessed property

24  value pursuant to paragraph (1)(b), state and school district

25  funding pursuant to paragraph (a) shall be reduced by the same

26  proportion as the millage actually being levied bears to the

27  maximum allowable millage.

28         Section 19.  Subsection (4) of section 235.211, Florida

29  Statutes, is amended to read:

30         235.211  Educational facilities contracting and

31  construction techniques.--

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  1         (4)  Except as otherwise provided in this section and

  2  s. 481.229, the services of a registered architect must be

  3  used for the development of plans for the erection,

  4  enlargement, or alteration of any educational facility. The

  5  services of a registered architect are not required for a

  6  minor renovation project for which the construction cost is

  7  less than $50,000 or for the placement or hookup of

  8  relocatable educational facilities that conform with standards

  9  adopted under s.235.26 s. 235.26(2) and (3). However, boards

10  must provide compliance with building code requirements and

11  ensure that these structures are adequately anchored for wind

12  resistance as required by law. Boards are encouraged to

13  consider the reuse of existing construction documents or

14  design criteria packages where such reuse is feasible and

15  practical. Notwithstanding s. 287.055, a board may purchase

16  the architectural services for the design of educational or

17  ancillary facilities under an existing contract agreement for

18  professional services held by a school board in the State of

19  Florida, provided that the purchase is to the economic

20  advantage of the purchasing board, the services conform to the

21  standards prescribed by rules of the State Board Commissioner

22  of Education, and such reuse is not without notice to, and

23  permission from, the architect of record whose plans or design

24  criteria are being reused. Plans shall be reviewed for

25  compliance with the state requirements for educational

26  facilities.  Rules adopted under this section must establish

27  uniform prequalification, selection, bidding, and negotiation

28  procedures applicable to construction management contracts and

29  the design-build process.  This section does not supersede any

30  small, woman-owned or minority-owned business enterprise

31  preference program adopted by a board. Except as otherwise

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  1  provided in this section, the negotiation procedures

  2  applicable to construction management contracts and the

  3  design-build process must conform to the requirements of s.

  4  287.055. A board may not modify any rules regarding

  5  construction management contracts or the design-build process.

  6         Section 20.  Paragraphs (a), (b), and (c) of subsection

  7  (2), subsection (3), and paragraphs (b), (c), and (d) of

  8  subsection (4) of section 235.215, Florida Statutes, are

  9  amended to read:

10         235.215  Energy efficiency contracting.--

11         (2)  DEFINITIONS.--For purposes of this section, the

12  term:

13         (a)  "Energy conservation measure" means a training

14  program, facility alteration, or equipment to be used in new

15  construction, including an addition to an existing facility,

16  that reduces energy costs, and includes, but is not limited

17  to:

18         1.  Insulation of the facility structure and systems

19  within the facility.

20         2.  Storm windows and doors, caulking or

21  weatherstripping, multiglazed windows and doors,

22  heat-absorbing, or heat-reflective, glazed and coated window

23  and door systems, additional glazing, reductions in glass

24  area, and other window and door system modifications that

25  reduce energy consumption.

26         3.  Automatic energy control systems.

27         4.  Heating, ventilating, or air-conditioning system

28  modifications or replacements.

29         5.  Replacement or modifications of lighting fixtures

30  to increase the energy efficiency of the lighting system

31

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  1  which, at a minimum, shall conform to the Florida Building

  2  Code applicable state or local building code.

  3         6.  Energy recovery systems.

  4         7.  Cogeneration systems that produce steam or forms of

  5  energy such as heat, as well as electricity, for use primarily

  6  within a facility or complex of facilities.

  7         8.  Energy conservation measures that provide long-term

  8  operating cost reductions and significantly reduce Btu

  9  consumed.

10         9.  Renewable energy systems, such as solar, biomass,

11  and wind.

12         10.  Devices which reduce water consumption or sewer

13  charges.

14         (b)  "Energy cost savings" means:

15         1.  A measured reduction in fuel, energy, or operation

16  and maintenance costs created from the implementation of one

17  or more energy conservation measures when compared with an

18  established baseline for previous fuel, energy, or operation

19  and maintenance costs; or

20         2.  For new construction, a projected reduction in

21  fuel, energy, or operation and maintenance costs created from

22  the implementation of one or more energy conservation measures

23  when compared with the projected fuel, energy, or operation

24  and maintenance costs for equipment if the minimum standards

25  of the Florida State Uniform Building Code for Public

26  Educational Facilities Construction were implemented and

27  signed and sealed by a registered professional engineer.

28         (c)  "Energy performance-based contract" means a

29  contract for the evaluation, recommendation, and

30  implementation of energy conservation measures which includes,

31  at a minimum:

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  1         1.  The design and installation of equipment to

  2  implement one or more of such measures, and, if applicable,

  3  operation and maintenance of such measures.

  4         2.  The amount of any actual annual savings. This

  5  amount must meet or exceed total annual contract payments made

  6  by the school, state community college, college, or state

  7  university for such contract.

  8         3.  Financing charges to be incurred by the school,

  9  state community college, college, or state university over the

10  life of the contract.

11         (3)  ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.--

12         (a)  A school district, state community college,

13  college, or state university may enter into an energy

14  performance-based contract with an energy performance

15  contractor to significantly reduce energy or operating costs

16  of an educational facility through one or more energy

17  conservation measures.

18         (b)  The energy performance contractor shall be

19  selected in compliance with s. 287.055; except that in a case

20  where a school district, state community college, college, or

21  state university determines that fewer than three firms are

22  qualified to perform the required services, the requirement

23  for agency selection of three firms, as provided in s.

24  287.055(4)(b), shall not apply and the bid requirements of s.

25  287.057 shall not apply.

26         (c)  Before entering into a contract pursuant to this

27  section, the district school board, state community college,

28  college, or state university shall provide published notice of

29  the meeting in which it proposes to award the contract, the

30  names of the parties to the proposed contract, and the

31  contract's purpose.

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  1         (d)  Prior to the design and installation of the energy

  2  conservation measure, the school district, state community

  3  college, college, or state university must obtain from the

  4  energy performance contractor a report that discloses all

  5  costs associated with the energy conservation measure and

  6  provides an estimate of the amount of the energy cost savings.

  7  The report must be reviewed by either the Department of

  8  Education or the Department of Management Services or signed

  9  and sealed by a registered professional engineer.

10         (e)  A school district, state community college,

11  college, or state university may enter into an energy

12  performance-based contract with an energy performance

13  contractor if, after review of the report required by

14  paragraph (d), it finds that the amount it would spend on the

15  energy conservation measures recommended in the report will

16  not exceed the amount to be saved in energy and operation

17  costs over 20 years from the date of installation, based on

18  life-cycle costing calculations, if the recommendations in the

19  report were followed and if the energy performance contractor

20  provides a written guarantee that the energy or operating cost

21  savings will meet or exceed the costs of the system.  The

22  contract may provide for payments over a period of time not to

23  exceed 20 years.

24         (f)  A school district, state community college,

25  college, or state university may enter into an installment

26  payment contract for the purchase and installation of energy

27  conservation measures.  The contract shall provide for

28  payments of not less than one-twentieth of the price to be

29  paid within 2 years from the date of the complete installation

30  and acceptance by the school board, state community college,

31  college, or state university, and the remaining costs to be

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  1  paid at least quarterly, not to exceed a 20-year term based on

  2  life-cycle costing calculations.

  3         (g)  Energy performance-based contracts may extend

  4  beyond the fiscal year in which they become effective;

  5  however, the term of any contract shall expire at the end of

  6  each fiscal year and may be automatically renewed annually up

  7  to 20 years, subject to a school board, state community

  8  college, college, or state university making sufficient annual

  9  appropriations based upon continued realized energy cost

10  savings.  Such contracts shall stipulate that the agreement

11  does not constitute a debt, liability, or obligation of the

12  state or a school board, state community college, or state

13  university, or a pledge of the faith and credit of the state

14  or a school board, state community college, college, or state

15  university.

16         (4)  CONTRACT PROVISIONS.--

17         (b)  The contract shall provide that all payments,

18  except obligations on termination of the contract before its

19  expiration, are to be made over time, but not to exceed 20

20  years from the date of complete installation and acceptance by

21  the school board, state community college, college, or state

22  university, and that the annual savings are guaranteed to the

23  extent necessary to make annual payments to satisfy the

24  contract.

25         (c)  The contract must require that the energy

26  performance contractor to whom the contract is awarded provide

27  a 100-percent public construction bond to the school district,

28  state community college, college, or state university for its

29  faithful performance, as required by s. 255.05.

30         (d)  The contract shall require the energy performance

31  contractor to provide to the school district, state community

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  1  college, college, or state university an annual reconciliation

  2  of the guaranteed energy cost savings. The energy performance

  3  contractor shall be liable for any annual savings shortfall

  4  which may occur. In the event that such reconciliation reveals

  5  an excess in annual energy cost savings, such excess savings

  6  shall not be used to cover potential energy cost savings

  7  shortages in subsequent contract years.

  8         Section 21.  Subsection (3) of section 235.2155,

  9  Florida Statutes, is amended to read:

10         235.2155  School Infrastructure Thrift Program Act.--

11         (3)  The SIT Program is designed as:

12         (a)  An incentive program to reward districts for:

13         1.  savings realized through functional, frugal

14  construction.

15         2.  Savings realized through the operation of charter

16  schools in non-school-district facilities during the

17  1996-1997, 1997-1998, 1998-1999, and 1999-2000 school years.

18         (b)  A recognition program to provide an annual SMART

19  school of the year recognition award to the district that

20  builds the highest quality functional, frugal school.

21         Section 22.  Subsections (2) and (3) of section

22  235.216, Florida Statutes, are amended to read:

23         235.216  SIT Program award eligibility; maximum cost

24  per student station of educational facilities; frugality

25  incentives; recognition awards.--

26         (2)  A school district may seek an award from the SIT

27  Program, pursuant to this section and s. 235.2155, based on

28  the district's:

29         (a)  new construction of educational facilities if the

30  cost per student station is less than:

31         (a)1.  $11,600 for an elementary school,

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  1         (b)2.  $13,300 for a middle school, or

  2         (c)3.  $17,600 for a high school,

  3

  4  (1997) as adjusted annually by the Consumer Price Index. The

  5  award shall be up to 50 percent of such savings, as

  6  recommended by the SMART Schools Clearinghouse.

  7         (b)  Operation of charter schools in

  8  non-school-district facilities. SIT Program awards pursuant to

  9  this paragraph shall be as recommended by the SMART Schools

10  Clearinghouse. After the initial award, the recommendation

11  must be based on savings realized from proportionate district

12  increase in such charter school enrollment in excess of

13  original enrollment, and the award shall be up to 50 percent

14  of such savings.

15         (3)  Beginning with the 1998-1999 fiscal year, A school

16  district may seek a SMART school of the year recognition award

17  for building the highest quality functional, frugal school.

18  The commissioner may present a trophy or plaque and a cash

19  award to the school recommended by the SMART Schools

20  Clearinghouse for a SMART school of the year recognition

21  award.

22         Section 23.  Section 235.26, Florida Statutes, is

23  amended to read:

24         235.26  State uniform building code for public

25  educational facilities construction.--

26         (1)  UNIFORM BUILDING CODE.--By July 1, 2001, a uniform

27  statewide building code for the planning and construction of

28  public educational and ancillary plants by district school

29  boards and community college and college district boards of

30  trustees shall be adopted by the Florida Building Commission

31  within the Florida Building Code, pursuant to s. 553.73.

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  1  Included in this code must be flood plain management criteria

  2  in compliance with the rules and regulations in 44 C.F.R.

  3  parts 59 and 60, and subsequent revisions thereto which are

  4  adopted by the Federal Emergency Management Agency. It is also

  5  the responsibility of the department to develop, as a part of

  6  the uniform building code, standards relating to:

  7         (a)  Prefabricated facilities or factory-built

  8  facilities that are designed to be portable, relocatable,

  9  demountable, or reconstructible; are used primarily as

10  classrooms; and do not fall under the provisions of ss.

11  320.822-320.862. Such standards must permit boards to contract

12  with the Department of Community Affairs for factory

13  inspections by certified building code inspectors to certify

14  conformance with applicable law and rules. The standards must

15  comply with the requirements of s. 235.061 for relocatable

16  facilities intended for long-term use as classroom space, and

17  the relocatable facilities shall be designed subject to

18  missile impact criteria of s. 423(24)(d)(1) of the Florida

19  Building Code when located in the windborne debris region.

20         (b)  The sanitation of educational and ancillary plants

21  and the health of occupants of educational and ancillary

22  plants.

23         (c)  The safety of occupants of educational and

24  ancillary plants as provided in s. 235.06, except that the

25  firesafety criteria shall be established by the State Fire

26  Marshal in cooperation with the Florida Building Commission

27  and the department and such firesafety requirements must be

28  incorporated into the Florida Fire Prevention Code.

29         (d)  Accessibility for children, notwithstanding the

30  provisions of s. 553.512.

31

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  1         (e)  The performance of life-cycle cost analyses on

  2  alternative architectural and engineering designs to evaluate

  3  their energy efficiencies.

  4         1.  The life-cycle cost analysis must consist of the

  5  sum of:

  6         a.  The reasonably expected fuel costs over the life of

  7  the building which are required to maintain illumination,

  8  water heating, temperature, humidity, ventilation, and all

  9  other energy-consuming equipment in a facility; and

10         b.  The reasonable costs of probable maintenance,

11  including labor and materials, and operation of the building.

12         2.  For computation of the life-cycle costs, the

13  department shall develop standards that must include, but need

14  not be limited to:

15         a.  The orientation and integration of the facility

16  with respect to its physical site.

17         b.  The amount and type of glass employed in the

18  facility and the directions of exposure.

19         c.  The effect of insulation incorporated into the

20  facility design and the effect on solar utilization of the

21  properties of external surfaces.

22         d.  The variable occupancy and operating conditions of

23  the facility and subportions of the facility.

24         e.  An energy-consumption analysis of the major

25  equipment of the facility's heating, ventilating, and cooling

26  system; lighting system; and hot water system and all other

27  major energy-consuming equipment and systems as appropriate.

28         3.  Life-cycle cost criteria published by the

29  Department of Education for use in evaluating projects.

30         4.  Standards for construction materials and systems

31  based on life-cycle costs that consider initial costs,

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  1  maintenance costs, custodial costs, operating costs, and life

  2  expectancy. The standards may include multiple acceptable

  3  materials. It is the intent of the Legislature to require

  4  district school boards to comply with these standards when

  5  expending funds from the Public Education Capital Outlay and

  6  Debt Service Trust Fund or the School District and Community

  7  College District Capital Outlay and Debt Service Trust Fund

  8  and to prohibit district school boards from expending local

  9  capital outlay revenues for any project that includes

10  materials or systems that do not comply with these standards,

11  unless the district school board submits evidence that

12  alternative materials or systems meet or exceed standards

13  developed by the department.

14

15  It is not a purpose of the Florida Building Code to inhibit

16  the use of new materials or innovative techniques; nor may it

17  specify or prohibit materials by brand names. The code must be

18  flexible enough to cover all phases of construction so as to

19  afford reasonable protection for the public safety, health,

20  and general welfare. The department may secure the service of

21  other state agencies or such other assistance as it finds

22  desirable in recommending to the Florida Building Commission

23  revisions to the code.

24         (2)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA

25  FIRE PREVENTION STANDARDS REQUIRED FOR APPROVAL.--

26         (a)  Except as otherwise provided in paragraph (b), all

27  public educational and ancillary plants constructed by a

28  district school board or a community college district board of

29  trustees must conform to the Florida Building Code and the

30  Florida Fire Prevention Code, and such plants are exempt from

31  all other state building codes; county, municipal, or other

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  1  local amendments to the Florida Building Code and local

  2  amendments to the Florida Fire Prevention Code; building

  3  permits, and assessments of fees for building permits, except

  4  as provided in s. 553.80; ordinances; road closures; and

  5  impact fees or service availability fees. Any inspection by

  6  local or state government must be based on the Florida

  7  Building Code and the Florida Fire Prevention Code. Each board

  8  shall provide for periodic inspection of the proposed

  9  educational plant during each phase of construction to

10  determine compliance with the state requirements for

11  educational facilities.

12         (b)  A district school board or community college

13  district board of trustees may conform with the Florida

14  Building Code and the Florida Fire Prevention Code and the

15  administration of such codes when constructing ancillary

16  plants that are not attached to educational facilities, if

17  those plants conform to the space size requirements

18  established in the codes.

19         (c)  A district school board or community college

20  district board of trustees may not approve any plans for the

21  construction, renovation, remodeling, or demolition of any

22  educational or ancillary plants unless these plans conform to

23  the requirements of the Florida Building Code and the Florida

24  Fire Prevention Code. Each district school board and community

25  college district board of trustees may adopt policies for

26  delegating to the superintendent or community college

27  president authority for submitting documents to the department

28  and for awarding contracts subsequent to and consistent with

29  board approval of the scope, timeframes, funding source, and

30  budget of a survey-recommended project.

31

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  1         (3)  ENFORCEMENT BY BOARD.--It is the responsibility of

  2  each district school board and community college district

  3  board of trustees to ensure that all plans and educational and

  4  ancillary plants meet the standards of the Florida Building

  5  Code and the Florida Fire Prevention Code and to provide for

  6  the enforcement of these codes in the areas of its

  7  jurisdiction. Each board shall provide for the proper

  8  supervision and inspection of the work.  Each board may employ

  9  a chief building official or inspector and such other

10  inspectors, who have been certified pursuant to chapter 468,

11  and such personnel as are necessary to administer and enforce

12  the provisions of this code. Boards may also utilize local

13  building department inspectors who are certified by the

14  department to enforce this code. Plans or facilities that fail

15  to meet the standards of the Florida Building Code or the

16  Florida Fire Prevention Code may not be approved. When

17  planning for and constructing an educational, auxiliary, or

18  ancillary facility, a district school board must use

19  construction materials and systems that meet standards adopted

20  pursuant to subparagraphs (1)(e)3. and 4. If the planned or

21  actual construction of a facility deviates from the adopted

22  standards, the district school board must, at a public

23  hearing, quantify and compare the costs of constructing the

24  facility with the proposed deviations and in compliance with

25  the adopted standards and the Florida Building Code. The board

26  must explain the reason for the proposed deviations and

27  compare how the total construction costs and projected

28  life-cycle costs of the facility or component system of the

29  facility would be affected by implementing the proposed

30  deviations rather than using materials and systems that meet

31  the adopted standards. The provisions of this subsection do

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  1  apply to educational, auxiliary, and ancillary facility

  2  projects commenced on or after July 1, 1999.

  3         (4)  ENFORCEMENT BY DEPARTMENT.--As a further means of

  4  ensuring that all educational and ancillary facilities

  5  hereafter constructed or materially altered or added to

  6  conform to the Florida Building Code standards or Florida Fire

  7  Prevention Code standards, each district school board and

  8  community college district board of trustees that undertakes

  9  the construction, renovation, remodeling, purchasing, or

10  lease-purchase of any educational plant or ancillary facility,

11  the cost of which exceeds $200,000, may submit plans to the

12  department for approval.

13         (2)(5)  APPROVAL.--

14         (a)  Before a contract has been let for the

15  construction, the department, the district school board, the

16  community college board, the college board, or the its board's

17  authorized review agent must approve the phase III

18  construction documents. A district school board, the community

19  college board, or the college board may reuse prototype plans

20  on another site, provided the facilities list and phase III

21  construction documents have been updated for the new site and

22  for compliance with the Florida Building Code and the Florida

23  Fire Prevention Code and any laws relating to firesafety,

24  health and sanitation, casualty safety, and requirements for

25  the physically handicapped which are in effect at the time a

26  construction contract is to be awarded.

27         (b)  In reviewing plans for approval, the department,

28  the district school board, the community college board, or the

29  college board, or its review agent as authorized in s.

30  235.017, shall take into consideration:

31         1.  The need for the new facility.

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  1         2.  The educational and ancillary plant planning.

  2         3.  The architectural and engineering planning.

  3         4.  The location on the site.

  4         5.  Plans for future expansion.

  5         6.  The type of construction.

  6         7.  Sanitary provisions.

  7         8.  Conformity to Florida Building Code standards.

  8         9.  The structural design and strength of materials

  9  proposed to be used.

10         10.  The mechanical design of any heating,

11  air-conditioning, plumbing, or ventilating system. Typical

12  heating, ventilating, and air-conditioning systems preapproved

13  by the department for specific applications may be used in the

14  design of educational facilities.

15         11.  The electrical design of educational plants.

16         12.  The energy efficiency and conservation of the

17  design.

18         13.  Life-cycle cost considerations.

19         14.  The design to accommodate physically handicapped

20  persons.

21         15.  The ratio of net to gross square footage.

22         16.  The proposed construction cost per gross square

23  foot.

24         17.  Conformity with the Florida Fire Prevention Code.

25         (c)  The district school board, the community college

26  board, or the college board may not occupy a facility until

27  the project has been inspected to verify compliance with

28  statutes, rules, and codes affecting the health and safety of

29  the occupants. Verification of compliance with rules,

30  statutes, and codes for nonoccupancy projects such as roofing,

31  paving, site improvements, or replacement of equipment may be

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  1  certified by the architect or engineer of record and

  2  verification of compliance for other projects may be made by

  3  an inspector certified by the department or certified pursuant

  4  to chapter 468 who is not the architect or engineer of record.

  5  The board shall maintain a record of the project's completion

  6  and permanent archive of phase III construction documents,

  7  including any addenda and change orders to the project. The

  8  boards shall provide project data to the department, as

  9  requested, for purposes and reports needed by the Legislature.

10         (3)(6)  REVIEW PROCEDURE.--The Commissioner of

11  Education shall cooperate with the Florida Building Commission

12  in addressing all questions, disputes, or interpretations

13  involving the provisions of the Florida Building Code which

14  govern the construction of public educational and ancillary

15  facilities, and any objections to decisions made by the

16  inspectors or the department must be submitted in writing.

17         (4)(7)  BIENNIAL REVIEW AND UPDATE; DISSEMINATION.--The

18  department shall biennially review and recommend to the

19  Florida Building Commission updates and revisions to the

20  provisions of the Florida Building Code which govern the

21  construction of public educational and ancillary facilities.

22  The department shall publish and make available to each board

23  district school board and community college district board of

24  trustees at no cost copies of the state requirements for

25  educational facilities and each amendment and revision

26  thereto. The department shall make additional copies available

27  to all interested persons at a price sufficient to recover

28  costs.

29         (8)  EDUCATION FACILITIES AS EMERGENCY SHELTERS.--

30         (a)  The Department of Education shall, in consultation

31  with boards and county and state emergency management offices,

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  1  include within the standards to be developed under subsection

  2  (1) public shelter design criteria that shall be incorporated

  3  into the Florida Building Code. The new criteria must be

  4  designed to ensure that appropriate core facility areas in new

  5  educational facilities can serve as public shelters for

  6  emergency management purposes.  A facility, or an appropriate

  7  core facility area within a facility, for which a design

  8  contract is entered into subsequent to the effective date of

  9  the inclusion of the public shelter criteria in the code must

10  be built in compliance with the amended code unless the

11  facility or a part thereof is exempted from using the new

12  shelter criteria due to its location, size, or other

13  characteristics by the applicable board with the concurrence

14  of the applicable local emergency management agency or the

15  Department of Community Affairs.  Any educational facility

16  located or proposed to be located in an identified category 1,

17  2, or 3 evacuation zone is not subject to the requirements of

18  this subsection. If the regional planning council region in

19  which the county is located does not have a hurricane

20  evacuation shelter deficit, as determined by the Department of

21  Community Affairs, school districts within the planning

22  council region are not required to incorporate the public

23  shelter criteria into their construction of educational

24  facilities.

25         (b)  By January 31, 1996, and by January 31 every

26  even-numbered year thereafter, the Department of Community

27  Affairs shall prepare and submit a statewide emergency shelter

28  plan to the Governor and the Cabinet for approval. The plan

29  must identify the general location and square footage of

30  existing shelters, by regional planning council region, and

31  the general location and square footage of needed shelters, by

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  1  regional planning council region, in the next 5 years. Such

  2  plan must identify the types of public facilities which should

  3  be constructed to comply with emergency shelter criteria and

  4  must recommend an appropriate, adequate, and dedicated source

  5  of funding for the additional cost of constructing emergency

  6  shelters within these public facilities. After the approval of

  7  the plan, a board may not be required to build more emergency

  8  shelter space than identified as needed in the plan, and

  9  decisions pertaining to exemptions pursuant to paragraph (a)

10  must be guided by the plan.

11         (5)(9)  LOCAL LEGISLATION PROHIBITED.--After June 30,

12  1985, pursuant to s. 11(a)(21), Art. III of the State

13  Constitution, there shall not be enacted any special act or

14  general law of local application which proposes to amend,

15  alter, or contravene any provisions of the State Building Code

16  adopted under the authority of this section.

17         Section 24.  Section 235.261, Florida Statutes, is

18  created to read:

19         235.261  Conformity to codes.--

20         (1)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA

21  FIRE PREVENTION STANDARDS REQUIRED FOR APPROVAL.--

22         (a)  Except as otherwise provided in paragraph (b), all

23  public educational and ancillary plants constructed by a board

24  must conform to the Florida Building Code and the Florida Fire

25  Prevention Code, and the plants are exempt from all other

26  state building codes; county, municipal, or other local

27  amendments to the Florida Building Code and local amendments

28  to the Florida Fire Prevention Code; building permits, and

29  assessments of fees for building permits, except as provided

30  in s. 553.80; ordinances; road closures; and impact fees or

31  service availability fees. Any inspection by local or state

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  1  government must be based on the Florida Building Code and the

  2  Florida Fire Prevention Code. Each board shall provide for

  3  periodic inspection of the proposed educational plant during

  4  each phase of construction to determine compliance with the

  5  state requirements for educational facilities.

  6         (b)  A board may comply with the Florida Building Code

  7  and the Florida Fire Prevention Code and the administration of

  8  the codes when constructing ancillary plants that are not

  9  attached to educational facilities, if those plants conform to

10  the space size requirements established in the codes.

11         (c)  A board may not approve any plans for the

12  construction, renovation, remodeling, or demolition of any

13  educational or ancillary plants unless these plans conform to

14  the requirements of the Florida Building Code and the Florida

15  Fire Prevention Code. Each board may adopt policies for

16  delegating to the superintendent or community college

17  president authority for submitting documents to the department

18  and for awarding contracts subsequent to and consistent with

19  board approval of the scope, timeframes, funding source, and

20  budget of a survey-recommended project.

21         (2)  ENFORCEMENT BY BOARD.--It is the responsibility of

22  each board to ensure that all plans and educational and

23  ancillary plants meet the standards of the Florida Building

24  Code and the Florida Fire Prevention Code and to provide for

25  the enforcement of these codes in the areas of its

26  jurisdiction. Each board shall provide for the proper

27  supervision and inspection of the work.  Each board may employ

28  a chief building official or inspector and such other

29  inspectors, who have been certified pursuant to chapter 468,

30  and such personnel as are necessary to administer and enforce

31  the provisions of this code. Boards may also use local

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  1  building department inspectors who are certified by the

  2  department to enforce this code. Plans or facilities that fail

  3  to meet the standards of the Florida Building Code or the

  4  Florida Fire Prevention Code may not be approved. When

  5  planning for and constructing an educational, auxiliary, or

  6  ancillary facility, a board must use construction materials

  7  and systems that meet standards adopted pursuant to s.

  8  235.26(1)(e)3. and 4. If the planned or actual construction of

  9  a facility deviates from the adopted standards, the board

10  must, at a public hearing, quantify and compare the costs of

11  constructing the facility with the proposed deviations and in

12  compliance with the adopted standards and the Florida Building

13  Code. The board must explain the reason for the proposed

14  deviations and compare how the total construction costs and

15  projected life-cycle costs of the facility or component system

16  of the facility would be affected by implementing the proposed

17  deviations rather than using materials and systems that meet

18  the adopted standards.

19         (3)  ENFORCEMENT BY DEPARTMENT.--As a further means of

20  ensuring that all educational and ancillary facilities

21  constructed or materially altered or added to conform to the

22  Florida Building Code standards or Florida Fire Prevention

23  Code standards, each board that undertakes the construction,

24  renovation, remodeling, purchasing, or lease-purchase of any

25  educational plant or ancillary facility, the cost of which

26  exceeds $200,000, may submit plans to the department for

27  approval.

28         Section 25.  Section 235.262, Florida Statutes, is

29  created to read:

30         235.262  Education facilities as emergency shelters.--

31

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  1         (1)  The Department of Education shall, in consultation

  2  with boards and county and state emergency management offices,

  3  include within the standards to be developed under this

  4  subsection public shelter design criteria to be incorporated

  5  into the Florida Building Code. The new criteria must be

  6  designed to ensure that appropriate core facility areas in new

  7  educational facilities can serve as public shelters for

  8  emergency-management purposes.  A facility, or an appropriate

  9  core facility area within a facility, for which a design

10  contract is entered into after the effective date of the

11  inclusion of the public shelter criteria in the code must be

12  built in compliance with the amended code unless the facility

13  or a part of it is exempted from using the new shelter

14  criteria due to its location, size, or other characteristics

15  by the applicable board with the concurrence of the applicable

16  local emergency management agency or the Department of

17  Community Affairs.  Any educational facility located or

18  proposed to be located in an identified category 1, 2, or 3

19  evacuation zone is not subject to the requirements of this

20  subsection. If the regional planning council region in which

21  the county is located does not have a hurricane evacuation

22  shelter deficit, as determined by the Department of Community

23  Affairs, educational facilities within the planning council

24  region are not required to incorporate the public shelter

25  criteria.

26         (2)  By January 31 of each even-numbered year, the

27  Department of Community Affairs shall prepare and submit a

28  statewide emergency shelter plan to the Governor and the

29  Cabinet for approval. The plan must identify the general

30  location and square footage of existing shelters, by regional

31  planning council region, and the general location and square

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  1  footage of needed shelters, by regional planning council

  2  region, during the next 5 years. The plan must identify the

  3  types of public facilities that should be constructed to

  4  comply with emergency-shelter criteria and must recommend an

  5  appropriate, adequate, and dedicated source of funding for the

  6  additional cost of constructing emergency shelters within

  7  these public facilities. After the approval of the plan, a

  8  board may not be required to build more emergency-shelter

  9  space than identified as needed in the plan, and decisions

10  pertaining to exemptions pursuant to subsection (1) must be

11  guided by the plan.

12         Section 26.  Section 235.31, Florida Statutes, is

13  amended to read:

14         235.31  Advertising and awarding contracts;

15  prequalification of contractor.--

16         (1)(a)  As soon as practicable after any bond issue has

17  been voted upon and authorized or funds have been made

18  available for the construction, remodeling, renovation,

19  demolition, or otherwise for the improvement, of any

20  educational or ancillary plant, and after plans for the work

21  have been approved, the board, if competitively bidding the

22  project pursuant to s. 235.211, after advertising the same in

23  the manner prescribed by law or rule, shall award the contract

24  for the building or improvements to the lowest responsible

25  bidder.  However, if after taking all deductive alternates,

26  the bid of the lowest responsible bidder exceeds the

27  construction budget for the project established at the phase

28  III submittal, the board may declare an emergency.  After

29  stating the reasons why an emergency exists, the board may

30  negotiate the construction contract or modify the contract,

31  including the specifications, with the lowest responsible

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  1  bidder and, if the contract is modified, shall resubmit the

  2  documents to the authorized review authority for review to

  3  confirm that the project remains in compliance with building

  4  and fire codes.  The board may reject all bids received and

  5  may readvertise, calling for new bids.

  6         (b)  Each board may declare an emergency pursuant to

  7  this subsection. A situation created by fire, storm, or other

  8  providential cause resulting in:

  9         1.  Imminent danger to life or safety; or

10         2.  Overcrowding of students

11

12  constitutes an emergency.

13         (c)  As an option, any county, municipality, community

14  college, or district school board may set aside up to 10

15  percent of the total amount of funds allocated for the purpose

16  of entering into construction capital project contracts with

17  minority business enterprises, as defined in s. 287.094.  Such

18  contracts shall be competitively bid only among minority

19  business enterprises. The set-aside shall be used to redress

20  present effects of past discriminatory practices and shall be

21  subject to periodic reassessment to account for changing needs

22  and circumstances.

23         (2)  Boards shall prequalify bidders for construction

24  contracts according to rules prescribed by the State Board

25  Commissioner of Education which require the prequalification

26  of bidders of educational facilities construction. Boards

27  shall require that all construction or capital improvement

28  bids be accompanied by evidence that the bidder holds an

29  appropriate certificate or license or that the prime

30  contractor has a current valid license.

31

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  1         (3)  A public agency that is authorized to purchase

  2  services for maintenance, repair, and site improvement of

  3  facilities on behalf of various agencies of a county must give

  4  any the school board in that county the option of purchasing

  5  those services for educational facilities and ancillary plants

  6  under those contracts at the unit prices stated in those

  7  contracts.  However, the person providing those services under

  8  such a contract may, without jeopardizing the contract, refuse

  9  to provide the services to the school board. A The school

10  board may purchase those services under such a contract only

11  if the purchase is to its the economic advantage of the school

12  district and the services conform to the standards and

13  specifications prescribed by rules of the State Board

14  Commissioner of Education and, if applicable, to the

15  requirements of s. 287.055. This subsection does not apply to

16  contracts in existence on July 1, 1994.

17         Section 27.  Section 235.32, Florida Statutes, is

18  amended to read:

19         235.32  Substance of contract; contractors to give

20  bond; penalties.--Each board shall develop contracts

21  consistent with this chapter and statutes governing public

22  facilities. Such a contract must contain the drawings and

23  specifications of the work to be done and the material to be

24  furnished, the time limit in which the construction is to be

25  completed, the time and method by which payments are to be

26  made upon the contract, and the penalty to be paid by the

27  contractor for any failure to comply with the terms of the

28  contract. The board may require the contractor to pay a

29  penalty for any failure to comply with the terms of the

30  contract and may provide an incentive for early completion.

31  Upon accepting a satisfactory bid, the board shall enter into

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  1  a contract with the party or parties whose bid has been

  2  accepted. The contractor shall furnish the board with a

  3  performance and payment bond as set forth in s. 255.05. A

  4  board or other public entity may not require a contractor to

  5  secure a surety bond under s. 255.05 from a specific agent or

  6  bonding company. Notwithstanding any other provision of this

  7  section, if 25 percent or more of the costs of any

  8  construction project is paid out of a trust fund established

  9  pursuant to 31 U.S.C. s. 1243(a)(1), laborers and mechanics

10  employed by contractors or subcontractors on such construction

11  will be paid wages not less than those prevailing on similar

12  construction projects in the locality, as determined by the

13  Secretary of Labor in accordance with the Davis-Bacon Act, as

14  amended. A person, firm, or corporation that constructs any

15  part of any educational plant, or addition thereto, on the

16  basis of any unapproved plans or in violation of any plans

17  approved in accordance with the provisions of this chapter and

18  rules of the State Board Commissioner of Education relating to

19  building standards or specifications is subject to forfeiture

20  of bond and unpaid compensation in an amount sufficient to

21  reimburse the board for any costs that will need to be

22  incurred in making any changes necessary to assure that all

23  requirements are met and is also guilty of a misdemeanor of

24  the second degree, punishable as provided in s. 775.082 or s.

25  775.083, for each separate violation.

26         Section 28.  Section 235.3215, Florida Statutes, is

27  amended to read:

28         235.3215  Toxic substances in construction, repair, or

29  maintenance of educational public school facilities.--

30         (1)  All toxic substances enumerated in the Florida

31  Substance List established pursuant to s. 442.103 that are to

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  1  be used in the construction, repair, or maintenance of

  2  educational facilities are restricted to usage. according to

  3  the following provisions:

  4         (2)(a)  Before any such substance may be used, the

  5  contractor shall notify the district superintendent or

  6  institution president in writing at least three working days

  7  prior to using the substance.  The notification shall contain:

  8         (a)1.  The name of the substance to be used;

  9         (b)2.  Where the substance is to be used; and

10         (c)3.  When the substance is to be used.

11

12  There shall be attached to the notification a copy of a

13  material safety data sheet as defined in s. 442.102 for each

14  such substance.

15         (b)  The district superintendent shall take all

16  reasonable actions to ensure that the contractor complies with

17  the safety precautions and handling instructions set forth in

18  the material safety data sheet for each substance used by the

19  contractor so that usage of the substance poses no threat to

20  the health and safety of students, school personnel, and the

21  general public.

22         (2)  This section shall not be construed to impair the

23  validity of obligations under contracts in existence on June

24  30, 1987.

25         Section 29.  Paragraph (a) of subsection (1) of section

26  235.34, Florida Statutes, is amended to read:

27         235.34  Expenditures authorized.--

28         (1)(a)  Subject to exemption from the assessment of

29  fees pursuant to s. 235.26(1), education school boards, boards

30  of trustees, the Board of Regents, boards of county

31  commissioners, municipal boards, and other agencies and boards

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  1  of the state may expend funds, separately or collectively, by

  2  contract or agreement, for the placement, paving, or

  3  maintaining of any road, byway, or sidewalk if the road,

  4  byway, or sidewalk is contiguous to or runs through the

  5  property of any educational plant or for the maintenance or

  6  improvement of the property of any educational plant or of any

  7  facility on such property.  Expenditures may also be made for

  8  sanitary sewer, water, stormwater, and utility improvements

  9  upon, or contiguous to, and for the installation, operation,

10  and maintenance of traffic control and safety devices upon, or

11  contiguous to, any existing or proposed educational plant.

12         Section 30.  Subsection (1) of section 235.40, Florida

13  Statutes, is amended to read:

14         235.40  Radio and television facilities.--

15         (1)  A board, including the Board of Regents, may

16  acquire, by purchase, permanent easement, or gift, suitable

17  lands and other facilities, either within or without the

18  boundaries of the district, for use in providing educational

19  radio or television transmitting sites and may erect such

20  buildings, antennas, transmission equipment, towers, or other

21  structures as are necessary to accomplish the purposes of this

22  section.

23         Section 31.  Notwithstanding subsection (7) of section

24  3 of chapter 2000-321, Laws of Florida, section 235.41,

25  Florida Statutes, shall not stand repealed on January 7, 2003,

26  as scheduled by that act, but that section is reenacted and

27  amended to read:

28         235.41  Legislative capital outlay budget request.--

29         (1)  The commissioner shall develop a procedure deemed

30  appropriate in arriving at the amounts required to fund

31  projects as reflected in the integrated, comprehensive budget

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  1  request required by this section. The official estimates for

  2  funds accruing to the Public Education Capital Outlay and Debt

  3  Service Trust Fund made by the revenue estimating conference

  4  shall be used in determining the budget request pursuant to

  5  this section. The commissioner, in consultation with the

  6  appropriations committees of the Legislature, shall provide

  7  annually to the Division State Board of Community Colleges and

  8  the Division of Colleges and Universities Board of Regents an

  9  estimate of funds that shall be utilized by the boards in

10  developing their required 3-year priority lists pursuant to s.

11  235.435.

12         (2)  The commissioner shall submit to the Governor and

13  to the Legislature an integrated, comprehensive budget request

14  for educational facilities construction and fixed capital

15  outlay needs for all boards, including the Board of Regents,

16  pursuant to the provisions of s. 235.435 and applicable

17  provisions of chapter 216. Each board, including the Board of

18  Regents, shall submit to the commissioner a 3-year plan and

19  data required in the development of the annual capital outlay

20  budget. No further disbursements shall be made from the Public

21  Education Capital Outlay and Debt Service Trust Fund to a

22  board that fails to timely submit the required data until such

23  board submits the data.

24         (3)  The commissioner shall submit an integrated,

25  comprehensive budget request to the Executive Office of the

26  Governor and to the Legislature each fiscal year by the

27  submission date specified in s. 216.023(1). Notwithstanding

28  the provisions of s. 216.043, the integrated, comprehensive

29  budget request shall include:

30         (a)  Recommendations for the priority of expenditure of

31  funds in the state system of public education, with reasons

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  1  for the recommended priorities, and other recommendations

  2  which relate to the effectiveness of the educational

  3  facilities construction program.

  4         (b)  All items in s. 235.435.

  5         Section 32.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 235.42,

  7  Florida Statutes, shall not stand repealed on January 7, 2003,

  8  as scheduled by that act, but that section is reenacted and

  9  amended to read:

10         235.42  Educational and ancillary plant construction

11  funds; Public Education Capital Outlay and Debt Service Trust

12  Fund; allocation of funds.--

13         (1)  The commissioner, through the department, shall

14  administer the Public Education Capital Outlay and Debt

15  Service Trust Fund.  The commissioner shall allocate or

16  reallocate funds as authorized by the Legislature. Copies of

17  each allocation or reallocation shall be provided to members

18  of the State Board of Education and to the chairs of the House

19  of Representatives and Senate appropriations committees.  The

20  commissioner shall provide for timely encumbrances of funds

21  for duly authorized projects. Encumbrances may include

22  proceeds to be received under a resolution approved by the

23  State Board of Education authorizing the issuance of public

24  education capital outlay bonds pursuant to s. 9(a)(2), Art.

25  XII of the State Constitution, s. 215.61, and other applicable

26  law.  The commissioner shall provide for the timely

27  disbursement of moneys necessary to meet the encumbrance

28  authorizations of the boards, including the Board of Regents.

29  Records shall be maintained by the department to identify

30  legislative appropriations, allocations, encumbrance

31  authorizations, disbursements, transfers, investments, sinking

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  1  funds, and revenue receipts by source.  The Department of

  2  Education shall pay the administrative costs of the Public

  3  Education Capital Outlay and Debt Service Trust Fund from the

  4  funds which comprise the trust fund.

  5         (2)(a)  The Public Education Capital Outlay and Debt

  6  Service Trust Fund shall be comprised of the following

  7  sources, which are hereby appropriated to the trust fund:

  8         1.  Proceeds, premiums, and accrued interest from the

  9  sale of public education bonds and that portion of the

10  revenues accruing from the gross receipts tax as provided by

11  s. 9(a)(2), Art. XII of the State Constitution, as amended,

12  interest on investments, and federal interest subsidies.

13         2.  General revenue funds appropriated to the fund for

14  educational capital outlay purposes.

15         3.  All capital outlay funds previously appropriated

16  and certified forward pursuant to s. 216.301.

17         (b)  Any funds required by law to be segregated or

18  maintained in separate accounts shall be segregated or

19  maintained in such manner that the relationship between

20  program and revenue source is retained.  Nothing in this

21  subsection shall be construed so as to limit the use by the

22  Public Education Capital Outlay and Debt Service Trust Fund of

23  the resources of funds so segregated or maintained.

24         (3)  Upon the request of each board, including the

25  Board of Regents, the department shall distribute to the board

26  an amount sufficient to cover capital outlay disbursements

27  anticipated from encumbrance authorizations for the following

28  month. For projects costing in excess of $50,000, contracts

29  shall be approved and signed before any disbursements are

30  authorized.

31

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  1         (4)  The department may authorize each board to enter

  2  into contracts for a period exceeding 1 year, within amounts

  3  appropriated and budgeted for fixed capital outlay needs; but

  4  any contract so made shall be executory only for the value of

  5  the services to be rendered, or agreed to be paid for, in

  6  succeeding fiscal years.  This subsection shall be

  7  incorporated verbatim in all executory contracts of a board.

  8         (5)  No board shall, during any fiscal year, expend any

  9  money, incur any liability, or enter into any contract which,

10  by its terms, involves expenditure of money in excess of the

11  amounts appropriated and budgeted or in excess of the cash

12  that will be available to meet the disbursement requirements.

13  Prior to entering into an executory, or any other, contract, a

14  board shall obtain certification from the department that

15  moneys will be available to meet the disbursement

16  requirements. Any contract, verbal or written, made in

17  violation of this subsection shall be null and void, and no

18  payment shall be made thereon.

19         (6)  The State Board of Administration is authorized to

20  invest the trust funds of any state-supported retirement

21  system, and any other state funds available for loans, to the

22  trust fund at a rate of interest that is no less favorable

23  than would have been received had such moneys been invested in

24  accordance with authorized practices.

25         (7)  Boards and entities authorized to participate in

26  the trust fund are district school boards, the community

27  college district boards of trustees, the college and

28  university boards of trustees, the Trustees of the Florida

29  School for the Deaf and the Blind, the Board of Regents, and

30  other units of the state system of public education, and other

31

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  1  educational entities defined in s. 228.041 for which funds are

  2  authorized by the Legislature.

  3         (8)  The department shall make a monthly report, by

  4  project, of requests for encumbrance authorization from each

  5  agency.  Each project shall be tracked in the following

  6  manner:

  7         (a)  The date the request is received;

  8         (b)  The anticipated encumbrance date requested by the

  9  agency;

10         (c)  The date the project is eligible for encumbrance

11  authorization; and

12         (d)  The date the encumbrance authorization is issued.

13         (9)  The department shall make a monthly report:

14         (a)  Showing the amount of cash disbursed to the agency

15  from each appropriated allocation and the amount of cash

16  disbursed by the agency to vendors or contractors from each

17  appropriated allocation, by month.

18         (b)  Showing updated adjustments to the budget fiscal

19  year forecast for appropriations, encumbrances, disbursements,

20  and cash available for encumbrance status.

21         Section 33.  Paragraphs (a), (b), (d), and (h) of

22  subsection (1), paragraph (a) of subsection (2), paragraph (a)

23  of subsection (3), subsection (4), paragraph (a) of subsection

24  (5), and subsection (7) of section 235.435, Florida Statutes,

25  are amended to read:

26         235.435  Funds for comprehensive educational plant

27  needs; construction cost maximums for school district capital

28  projects.--Allocations from the Public Education Capital

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

30  capital outlay projects shall be determined as follows:

31

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  1         (1)(a)  Funds for remodeling, renovation, maintenance,

  2  repairs, and site improvement for existing satisfactory

  3  facilities shall be given priority consideration by the

  4  Legislature for appropriations allocated to the boards,

  5  including the Board of Regents, from the total amount of the

  6  Public Education Capital Outlay and Debt Service Trust Fund

  7  appropriated.  These funds shall be calculated pursuant to the

  8  following basic formula:  the building value times the

  9  building age over the sum of the years' digits assuming a

10  50-year building life.  For relocatable facilities, a 20-year

11  life shall be used. "Building value" is calculated by

12  multiplying each building's total assignable square feet times

13  the appropriate net-to-gross conversion rate found in state

14  board rules and that product times the current average new

15  construction cost. "Building age" is calculated by multiplying

16  the prior year's building age times 1 minus the prior year's

17  sum received from this subsection divided by the prior year's

18  building value.  To the net result shall be added the number

19  1.  Each board shall receive the percentage generated by the

20  preceding formula of the total amount appropriated for the

21  purposes of this section.

22         (b)  Each board, including the Board of Regents, shall

23  not use the funds received pursuant to this section to

24  supplant funds in the current fiscal year approved operating

25  budget, and all budgeted funds shall be expended at a rate not

26  less than would have been expended had the funds under this

27  section not been received.

28         (d)  Each board, including the Board of Regents, shall

29  maintain fund accounting in a manner which will permit a

30  detailed audit of the funds expended in this program.

31

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  1         (h)  Boards of trustees for colleges and universities

  2  The Board of Regents may utilize funds appropriated pursuant

  3  to this section for replacement of minor facilities provided

  4  that such projects do not exceed $500,000 in cost or 5,000

  5  gross square feet in size. Minor facilities may not be

  6  replaced from funds provided pursuant to this section unless

  7  the board of Regents determines that the cost of repair or

  8  renovation is greater than or equal to the cost of

  9  replacement.

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

11  the Public Education Capital Outlay and Debt Service Trust

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

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

14  Account." The Special Facility Construction Account shall be

15  used to provide necessary construction funds to school

16  districts which have urgent construction needs but which lack

17  sufficient resources at present, and cannot reasonably

18  anticipate sufficient resources within the period of the next

19  3 years, for these purposes from currently authorized sources

20  of capital outlay revenue.  A school district requesting

21  funding from the Special Facility Construction Account shall

22  submit one specific construction project, not to exceed one

23  complete educational plant, to the Special Facility

24  Construction Committee. No district shall receive funding for

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

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

27  receives an appropriation. The department shall encourage a

28  construction program that reduces the average size of schools

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

30  to be considered by the committee:

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

  2  be recommended for funding by the Special Facility

  3  Construction Committee.  Prior to developing plans for the

  4  proposed facility, the district school board must request a

  5  preapplication review by the Special Facility Construction

  6  Committee or a project review subcommittee convened by the

  7  committee to include two representatives of the department and

  8  two staff from school districts not eligible to participate in

  9  the program other than the district submitting the project.

10  Within 60 days after receiving the preapplication review

11  request, the committee or subcommittee must meet in the school

12  district to review the project proposal and existing

13  facilities.  To determine whether the proposed project is a

14  critical need, the committee or subcommittee shall consider,

15  at a minimum, the capacity of all existing facilities within

16  the district as determined by the Florida Inventory of School

17  Houses; the district's pattern of student growth; the

18  district's existing and projected capital outlay full-time

19  equivalent student enrollment as determined by the department;

20  the district's existing satisfactory student stations; the use

21  of all existing district property and facilities; grade level

22  configurations; and any other information that may affect the

23  need for the proposed project.

24         2.  The construction project must be recommended in the

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

26  of the State Board of Education.

27         3.  The construction project must appear on the

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

29  the State Board of Education.

30

31

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

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

  3  and the rules of the State Board of Education.

  4         5.  The district shall have developed a school board

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

  6  square feet occupancy requirements under the State

  7  Requirements for Educational Facilities, using all possible

  8  programmatic combinations for multiple use of space to obtain

  9  maximum daily use of all spaces within the facility under

10  consideration.

11         6.  Upon construction, the total cost per student

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

13  student station as provided in subsection (6).

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

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

16  days of receipt of its encumbrance authorization from the

17  department.

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

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

20  against their nonexempt assessed property value as allowed in

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

22  from the school capital outlay surtax authorized under s.

23  212.055(6). Effective July 1, 1991, Any district with a new or

24  active project, funded under the provisions of this

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

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

27  participation requirement in the Special Facility Construction

28  Account.

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

30  advertising of bids, the funding for the specific project

31  shall revert to the Special Facility New Construction Account

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

  2  additional 90 days may be granted by the commissioner.

  3         10.  The department shall certify the inability of the

  4  district to fund the survey-recommended project over a

  5  continuous 3-year period using projected capital outlay

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

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

  8  and s. 236.25(2).

  9         11.  The district shall have on file with the

10  department an adopted resolution acknowledging its 3-year

11  commitment of all unencumbered and future revenue acquired

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

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

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

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

16  safety codes prior to August 1.

17         (3)(a)  Each district school board shall receive an

18  amount from the Public Education Capital Outlay and Debt

19  Service Trust Fund to be calculated by computing the capital

20  outlay full-time equivalent membership as determined by the

21  department.  Such membership must include, but is not limited

22  to:

23         1.  K-12 students, except hospital and homebound

24  part-time students; and

25         2.  Students who are workforce development education

26  students, and adult disabled students and who are enrolled in

27  school district technical centers. The capital outlay

28  full-time equivalent membership shall be determined for

29  kindergarten through the 12th grade and for

30  vocational-technical centers by averaging the unweighted

31  full-time equivalent student membership for the second and

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  1  third surveys and comparing the results on a school-by-school

  2  basis with the Florida Inventory for School Houses.  The

  3  capital outlay full-time equivalent membership by grade level

  4  organization shall be used in making the following

  5  calculations: The capital-outlay full-time-equivalent

  6  membership by grade level organization for the 4th prior year

  7  must be used to compute the base-year allocation. The

  8  capital-outlay full-time-equivalent membership by grade-level

  9  organization for the prior year must be used to compute the

10  growth over the highest of the 3 years preceding the prior

11  year. The capital outlay full-time equivalent membership by

12  grade level organization for the 1981-1982 fiscal year shall

13  be computed as the base year. The capital outlay full-time

14  equivalent membership by grade level organization for the

15  1984-1985 fiscal year shall be computed with the positive

16  increase over the base year constituting growth.  From the

17  total amount appropriated by the Legislature pursuant to this

18  subsection, 40 percent shall be allocated among the base

19  capital outlay full-time equivalent membership and 60 percent

20  among the growth capital outlay full-time equivalent

21  membership. The allocation within each of these groups shall

22  be prorated to the districts based upon each district's

23  percentage of base and growth capital outlay full-time

24  membership.  The most recent 4-year capital outlay full-time

25  equivalent membership data shall be used in each subsequent

26  year's calculation for the allocation of funds pursuant to

27  this subsection.  If the growth capital outlay full-time

28  equivalent membership for a district declines in any year used

29  in their calculation after the initial allocation pursuant to

30  this subsection, no allocation for growth capital outlay

31  full-time equivalent membership shall be made for any

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  1  subsequent year until the number of capital outlay full-time

  2  equivalent membership has exceeded the number for which an

  3  allocation has already been made. If a change, correction, or

  4  recomputation of data during any year results in a reduction

  5  or increase of the calculated amount previously allocated to a

  6  district, the allocation to that district shall be adjusted

  7  correspondingly.  If such recomputation results in an increase

  8  or decrease of the calculated amount, such additional or

  9  reduced amounts shall be added to or reduced from the

10  district's future appropriations.  However, no change,

11  correction, or recomputation of data shall be made subsequent

12  to 2 years following the initial annual allocation.

13         (4)(a)  The boards of trustees of the community

14  colleges, colleges, and universities and the Board of Regents

15  of the State University System shall receive funds for

16  projects based on a 3-year priority list, to be updated

17  annually, which is submitted to the Legislature in the

18  legislative budget request at least 90 45 days prior to the

19  legislative session. The Division State Board of Community

20  Colleges shall submit a 3-year priority list for the entire

21  Florida Community College System as approved by the State

22  Board of Education. The Division of Colleges and Universities

23  Board of Regents shall submit a 3-year priority list for the

24  entire state colleges and universities University System as

25  approved by the State Board of Education.  The list lists

26  shall reflect decisions by the board boards concerning program

27  priorities that implement the statewide plan for program

28  growth and quality improvement in education.  No remodeling or

29  renovation project shall be included on the 3-year priority

30  list unless the project has been recommended pursuant to s.

31  235.15 or is for the purpose of correcting health and safety

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  1  deficiencies.  No new construction project shall be included

  2  on the first year of the 3-year priority list unless the

  3  educational specifications have been approved by the

  4  commissioner Chancellor for a community college, college, or

  5  university project as applicable projects or by the Division

  6  of Community Colleges for community college projects. The

  7  funds requested for a new construction project in the first

  8  year of the 3-year priority list shall be in conformance with

  9  the scope of the project as defined in the educational

10  specifications.  Any new construction project requested in the

11  first year of the 3-year priority list which is not funded by

12  the Legislature shall be carried forward to be listed first in

13  developing the updated 3-year priority list for the subsequent

14  year's capital outlay budget. Should the order of the priority

15  of the projects change from year to year, a justification for

16  such change shall be included with the updated priority list.

17         (b)  The boards of trustees of the community colleges,

18  colleges, and universities and the Board of Regents of the

19  State University System may lease relocatable educational

20  facilities for up to 3 years using nonbonded PECO funds.

21         (c)  The boards of trustees of the community colleges,

22  colleges, and universities and the Board of Regents shall

23  receive funds for remodeling, renovation, maintenance and

24  repairs, and site improvement for existing satisfactory

25  facilities pursuant to subsection (1).

26         (5)  District school boards shall identify each fund

27  source and the use of each proportionate to the project cost,

28  as identified in the bid document, to assure compliance with

29  this section.  The data shall be submitted to the department,

30  which shall track this information as submitted by the boards.

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  1  PECO funds shall not be expended as indicated in the

  2  following:

  3         (a)  District school boards shall provide landscaping

  4  by local funding sources or initiatives.  District school

  5  boards are exempt from local landscape ordinances but may

  6  comply with the local requirements if such compliance is less

  7  costly than compliance with the landscape requirements of the

  8  Florida State Uniform Building Code for Public Educational

  9  Facilities.

10         (7)(a)  The Department of Education shall establish,

11  beginning with the 1992-1993 fiscal year, as a part of the

12  Public Education Capital Outlay and Debt Service Trust Fund, a

13  separate account to be known as the Increased Utilization

14  Account in an amount each year not to exceed 5 percent of the

15  total funds appropriated under the provisions of paragraph

16  (3)(a). These funds shall be allocated by the commissioner to

17  any public school district according to the following formula:

18  Any eligible school that increases its FTE facility capacity

19  by at least 20 percent as a result of using the modified

20  school calendar shall receive up to a maximum of $100 per

21  total FTE generated within the school.

22         (b)  To be eligible, the district school board must

23  submit a resolution prior to August 1 of each fiscal year,

24  beginning August 1, 1992, of its intent to participate in the

25  Increased Utilization Account and listing each of the schools

26  eligible during the prior fiscal year, with the first year

27  being 1991-1992.  The information listed for each school must

28  include the maximum FTE capacity for the year as contained in

29  the Florida inventory of school houses in the Office of

30  Educational Facilities, and the increase attributable to the

31  modified school calendar.  To be eligible, each individual

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  1  school FTE must exceed the maximum facility capacity during

  2  the fiscal year by at least 20 percent.

  3         (c)  Each school district qualifying for funding under

  4  this subsection may be paid up to $100 per total FTE per

  5  eligible school site for a maximum of 5 years for each

  6  eligible school provided that funds are available.  If funds

  7  are insufficient during any fiscal year, the commissioner

  8  shall determine the pro rata amount.

  9         (d)  Funds received by a school district from the

10  Increased Utilization Account shall be exempt from repayment

11  of any project outstanding pursuant to the provisions of

12  subsection (2).

13         (e)  Funds accruing to a district school board from the

14  provisions of this subsection shall be expended on needed

15  projects as shown by survey or surveys under the rules of the

16  state board.

17         (f)  For the purpose of implementing the provisions of

18  this subsection, "modified school calendar" means an extended

19  school week or an extended school year.  Overcrowding of a

20  school or double sessions do not apply.

21         Section 34.  Section 235.4351, Florida Statutes, is

22  amended to read:

23         235.4351  Waivers from certain requirements.--The State

24  Board of Education shall commissioner may adopt standards, by

25  rule, for the provision of waivers from the requirements of

26  this chapter relating to plant surveys, need projections, and

27  cost ceilings. Special consideration for waiver shall be given

28  to:

29         (1)  Projects of school districts for which no state

30  money is spent.

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  1         (2)  Projects of school districts that certify that all

  2  of the district's educational plant space needs for the next 5

  3  years can be met from:

  4         (a)  Capital outlay sources that the district

  5  reasonably expects to receive during the next 5 years; or

  6         (b)  Alternative scheduling or construction, leasing,

  7  rezoning, or technological methodologies exhibiting sound

  8  management.

  9

10  The commissioner shall report annually to the Legislature and

11  the Governor, by January 1, the prior year's waivers granted

12  under this section.

13         Section 35.  This act shall take effect July 1, 2002.

14

15            *****************************************

16                          SENATE SUMMARY

17    Revises various sections of ch. 235, F.S., to accommodate
      changes in education governance structure and reenacts
18    and amends various sections subject to repeal pending
      legislative review.
19

20

21

22

23

24

25

26

27

28

29

30

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