Senate Bill sb1584c1

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    Florida Senate - 2002                           CS for SB 1584

    By the Committee on Education; and Senator Villalobos





    304-2110-02

  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         providing requirements for college and

21         university lease agreements; reenacting and

22         amending s. 235.057, F.S.; eliminating

23         references to the Board of Regents; revising

24         provisions governing the purchase, conveyance,

25         or encumbrance of property interests; amending

26         s. 235.06, F.S.; authorizing the State Board of

27         Education to adopt rules relating to safety and

28         sanitation; specifying local school board

29         facilities for certain inspections; amending s.

30         235.061, F.S.; requiring compliance with state

31         requirements for Educational Facilities;

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  1         reenacting and amending s. 235.15, F.S.;

  2         eliminating references to the Board of Regents;

  3         requiring State Board of Education approval for

  4         educational plant survey exceptions; amending

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

  6         references to the Board of Regents; revising

  7         exceptions allowed to recommendations in

  8         educational plant surveys; revising provisions

  9         governing annual capital outlay budgets;

10         amending s. 235.186, F.S.; revising the Effort

11         Index Grant Program; amending s. 235.19, F.S.;

12         requiring site-location criteria to apply to

13         school board and community college educational

14         facilities; authorizing the State Board of

15         Education to adopt rules; amending s. 235.192,

16         F.S.; requiring college and university

17         presidents to provide certain information

18         concerning facilities to local fire and law

19         enforcement agencies; amending s. 235.193,

20         F.S.; requiring certain information concerning

21         all educational facilities to be coordinated

22         with local governments; providing an exception;

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

24         revising the approval procedure for joint-use

25         facilities; eliminating obsolete provisions;

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

27         revising provisions governing funding of

28         vocational education facilities; amending s.

29         235.211, F.S.; authorizing the State Board of

30         Education to adopt rules governing contracting

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

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  1         revising provisions governing energy-efficiency

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

  3         eliminating obsolete provisions; amending s.

  4         235.216, F.S.; eliminating obsolete provisions

  5         pertaining to charter schools; amending s.

  6         235.26, F.S.; revising provisions governing

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

  8         providing for the use of educational facilities

  9         as emergency shelters; amending s. 235.31,

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

11         to adopt rules; authorizing all education

12         boards to participate in local-government

13         contracts for certain facilities services;

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

15         Board of Education to adopt rules governing

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

17         prescribing the conditions for use of toxic

18         substances in construction with respect to all

19         educational facilities; amending s. 235.34,

20         F.S.; revising authorized expenditures;

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

22         reference to the Board of Regents in provisions

23         relating to radio and television facilities;

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

25         revising provisions governing capital outlay

26         budget requests; reenacting and amending s.

27         235.42, F.S.; revising provisions governing

28         funding of facilities; amending s. 235.435,

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

30         Regents; revising membership requirements for

31         the Special Facility Construction Committee;

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  1         revising the procedure for calculating

  2         capital-outlay full-time-equivalent membership;

  3         revising the procedure for postsecondary

  4         institutions to submit capital-outlay-project

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

  6         authorizing the State Board of Education to

  7         adopt rules granting waivers from certain

  8         requirements; providing an effective date.

  9

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

11

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

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

14         235.011  Definitions.--Notwithstanding the provisions

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

16  for the purpose of this chapter:

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

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

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

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

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

22  State Board of Education or the Board of Regents.

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

24  study of present educational and ancillary plants and the

25  determination of future needs to provide an appropriate

26  educational program and services for each student, based on

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

28  Education.

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

30  method based on educational information and needs, carefully

31

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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  or 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 a recommended

  9  mandatory portion of the Florida, uniform Building Code for

10  educational facilities construction and capital improvement by

11  community college boards of trustees and local school 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 community

16  college boards of trustees and local school boards and, upon

17  request, approve phase III construction documents for

18  remodeling, renovation, or new construction of educational

19  plants or ancillary facilities, except that boards of trustees

20  of colleges and universities shall approve specifications and

21  construction documents for their respective institutions the

22  Board of Regents shall approve specifications and construction

23  documents for the State University System. The Department of

24  Management Services may, upon request, provide similar

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

26  shall use the Florida Building Code and the Florida Fire

27  Prevention Code a state minimum building code adopted pursuant

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

29  Safety Code as adopted pursuant to chapter 633.

30

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

  2  to boards to conduct educational plant surveys and document

  3  the determination of future needs.

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

  5  Regents, technical assistance, awareness training, and

  6  research and technical publications relating to lifesafety,

  7  casualty, sanitation, environmental, maintenance, and

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

  9  survey, planning, design, construction, operation, and

10  evaluation of educational and ancillary facilities and plants,

11  facilities administrative procedures review, and training for

12  new administrators.

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

14  amended by the boards and recommend to the Commissioner State

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

16  requirements of this chapter.

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

18  districts means to review inventory data as submitted to the

19  department by district school boards; provide for review and

20  inspection, where required, of student stations and aggregate

21  square feet of inventory changed from satisfactory to

22  unsatisfactory or changed from unsatisfactory to satisfactory;

23  compare new school inventory to allocation limits provided by

24  this chapter; review cost projections for conformity with cost

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

26  full-time equivalent enrollment projections in the survey with

27  the department's projections; review facilities lists to

28  verify that student station and auxiliary facility space

29  allocations do not exceed the limits provided by this chapter

30  and related rules; review and confirm the application of

31  uniform facility utilization factors, where provided by this

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  1  chapter or related rules; utilize the documentation of

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

  3  analyze facility needs; confirm that need projections for

  4  vocational and adult educational programs comply with needs

  5  documented by the Office of Workforce and Economic Development

  6  Division of Workforce Development; and confirm the assignment

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

  8  facilities, which, for purposes of exemption from student

  9  station assignment, include the following:

10         a.  Cafeterias.

11         b.  Multipurpose dining areas.

12         c.  Media centers.

13         d.  Auditoriums.

14         e.  Administration.

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

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

17  occupant and space design capacity of the educational plant in

18  the State Requirements for Educational Facilities, beyond

19  which student stations must be assigned.

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

21  such rooms recommended for the applicable occupant and space

22  design capacity of the educational plant in the State

23  Requirements for Educational Facilities, beyond which student

24  stations must be assigned.

25         h.  Elementary school art and music rooms.

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

27  community colleges, colleges, and universities means to review

28  and document the approval of each new site and official

29  designation, where applicable; review the inventory database

30  as submitted by each board through the division directors to

31  the Commissioner the Division of Community Colleges, including

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

  2  equivalent enrollment projections per site and per college;

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

  4  student stations and aggregate square feet of space changed

  5  from satisfactory to unsatisfactory; utilize and review the

  6  documentation of programs offered per site submitted by the

  7  boards Division of Community Colleges as accurate for analysis

  8  of space requirements and needs; confirm that needs projected

  9  for vocational and adult educational programs comply with

10  needs documented by the Office of Workforce and Economic

11  Development Division of Workforce Development; compare new

12  facility inventory to allocations limits as provided in this

13  chapter; review cost projections for conformity with state

14  averages or limits designated by this chapter; compare student

15  enrollment projections in the survey to the department's

16  projections; review facilities lists to verify that area

17  allocations and space factors for generating space needs do

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

19  rules; confirm the application of facility utilization factors

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

21  submitted, documentation of how survey recommendations will

22  implement the detail of current campus master plans and

23  integrate with local comprehensive plans and development

24  regulations.

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

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

27         (11)  Prepare the commissioner's comprehensive fixed

28  capital outlay legislative budget request and provide annually

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

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

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

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

  2  prior years of funds appropriated by the Legislature for fixed

  3  capital outlay to each level of public education:  public

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

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

  6  in educational facilities construction and capital improvement

  7  which shall ensure that the intent of the Legislature is

  8  implemented.

  9         Section 3.  Section 235.017, Florida Statutes, is

10  amended to read:

11         235.017  Boards to ensure that facilities comply with

12  building codes and life safety codes.--

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

14  renovation, remodeling, day labor, and maintenance projects

15  conform to the appropriate sections of the Florida Building

16  Code, Florida Fire Prevention Code, State Uniform Building

17  Code for Public Educational Facilities Construction or, where

18  applicable as authorized in other sections of law, other

19  building codes, and life safety codes.

20         (2)  Boards may provide compliance as follows:

21         (a)  Boards or consortia may individually or

22  cooperatively provide review services under the insurance risk

23  management oversight through the use of board employees or

24  consortia employees, registered pursuant to chapter 471 or

25  chapter 481 or part XII of chapter 468.

26         (b)  Boards may elect to review construction documents

27  using their own employees registered pursuant to chapter 471

28  or chapter 481 or part XII of chapter 468.

29         (c)  Boards may submit phase III construction documents

30  for review to the department.

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

  2  services directly with engineers and architects registered

  3  pursuant to chapter 471 or chapter 481.

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

  5  request, provide facilities services for the Florida School

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

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

  8  "facilities services" means project management, code and

  9  design plan review, and code compliance inspection for

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

11         Section 4.  Section 235.02, Florida Statutes, is

12  amended to read:

13         235.02  Use of buildings and grounds.--The board,

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

15  educational facilities and grounds for any legal assembly or

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

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

18  The board shall adopt rules or policies and procedures

19  necessary to protect educational facilities and grounds when

20  used for such purposes.

21         Section 5.  Section 235.04, Florida Statutes, is

22  amended to read:

23         235.04  Disposal of property.--

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

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

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

27  determined to be unnecessary for educational purposes as

28  recommended in an educational plant survey.  A board shall

29  take diligent measures to dispose of educational property only

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

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

  2  receipt of bids.

  3         (2)  TANGIBLE PERSONAL PROPERTY.--Tangible personal

  4  property which has been properly classified as surplus by a

  5  board shall be disposed of in accordance with the procedure

  6  established by chapter 274.  However, the provisions of

  7  chapter 274 shall not be applicable to a motor vehicle used in

  8  driver education to which title is obtained for a token amount

  9  from an automobile dealer or manufacturer.  In such cases, the

10  disposal of the vehicle shall be as prescribed in the

11  contractual agreement between the automotive agency or

12  manufacturer and the board. Until January 7, 2003, disposal of

13  tangible personal property by colleges and universities shall

14  be in accordance with procedures established in chapter 273.

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

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

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

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

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

20  amended to read:

21         235.05  Right of eminent domain.--

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

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

24  240.319(4)(d).

25         (3)  The boards of trustees of colleges and

26  universities Board of Regents may exercise the power right of

27  eminent domain as provided in s. 240.217.

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

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

30  amended, and subsection (4) is added to that section, to read:

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  1         235.056  Lease, rental, and lease-purchase of

  2  educational facilities and sites.--

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

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

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

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

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

  8  binding purchase of the land, facilities, or educational

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

10  board determines are in its best interests.  A determination

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

12  is unnecessary for educational purposes is not a prerequisite

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

14  educational plant. Prior to entering into or executing any

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

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

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

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

19  required by law.

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

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

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

23  be funded through the operations budget or funds derived from

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

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

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

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

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

29  leased facilities and sites must be inspected prior to

30  occupancy by the authority having jurisdiction board's Uniform

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

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

  2  must be inspected and brought into compliance with the Florida

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

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

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

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

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

  8  Code for Public Educational Facilities Construction instead of

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

10  both.

11         2.  Plans for renovation or remodeling of leased space

12  shall conform to the Florida Building Code and the Florida

13  Fire Prevention Code state minimum building and life safety

14  codes for educational occupancies, or other occupancies as

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

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

17  with the State Uniform Building Code for Public Educational

18  Facilities Construction instead of the state minimum building

19  code or the life safety code, or both.

20         3.  All leased facilities must be inspected annually

21  for firesafety deficiencies in accordance with the applicable

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

23  Operational funds or funds derived from millage proceeds

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

25  in leased space.

26         4.  When the board declares that a public emergency

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

28  into compliance with the requirements of the State Board

29  Commissioner of Education rules.

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

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

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  1  The lease-purchase of educational facilities and sites shall

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

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

  4  be funded using current or other funds specifically authorized

  5  by law to be used for such purpose.

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

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

  8  nonprofit educational organization or a consortium of district

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

10  educational facilities and sites provide for separately

11  advertising for and receiving competitive bids or proposals on

12  the construction of facilities and the selection of financing

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

14  board determines that such process would best serve the public

15  interest and the pledged revenues are limited to those

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

17         2.  All activities and information, including lists of

18  individual participants, associated with agreements made

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

20  chapter 119 and s. 286.011.

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

22  including the initial term and any subsequent renewals, shall

23  not exceed the useful life of the educational facilities and

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

25  is less.

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

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

28  fiscal year, but may be automatically renewed annually,

29  subject to a board making sufficient annual appropriations

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

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

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

  2  of a board to purchase or utilize educational facilities and

  3  sites similar in function to the educational facilities and

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

  5  agreement.  Educational facilities and sites being acquired

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

  7  valorem taxation.

  8         3.  No lease-purchase agreement entered into pursuant

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

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

11  faith and credit of the state or a board.

12         4.  Any lease-purchase agreement entered into pursuant

13  to this subsection shall stipulate an annual rate which may

14  consist of a principal component and an interest component,

15  provided that the maximum interest rate of any interest

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

17  any participation or certificated portion thereof, shall be

18  calculated in accordance with and be governed by the

19  provisions of s. 215.84.

20         (4)  Lease agreements entered into by college and

21  university boards of trustees must comply with s. 243.151.

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

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

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

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

26  amended to read:

27         235.057  Purchase, conveyance, or encumbrance of

28  property interests above surface of land; joint-occupancy

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

30  construction project agreements, or for the construction of

31  combined occupancy structures, any board, including the Board

                                  17

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

  2  encumber airspace or any other interests in property above the

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

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

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

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

  7  boards receiving the proceeds solely for fixed capital outlay

  8  purposes.  These purposes may include the renovation or

  9  remodeling of existing facilities owned by the board or the

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

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

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

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

14  public purposes in accordance with its statutory authority is

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

16  by the Board of Trustees of the Internal Improvement Trust

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

18  conveyed without approval of the respective board.  Any

19  building, including any building or facility component that is

20  common to both nonpublic and educational portions thereof,

21  constructed in airspace that is sold or leased for nonpublic

22  use pursuant to this section is subject to all applicable

23  state, county, and municipal regulations pertaining to land

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

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

26  as such regulations would be applicable to the construction of

27  a building for nonpublic use on the appurtenant land beneath

28  the subject airspace.  Any educational facility constructed or

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

30  all rules and requirements of the respective boards or

31  departments having jurisdiction over educational facilities.

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  1         Section 9.  Section 235.06, Florida Statutes, is

  2  amended to read:

  3         235.06  Safety and sanitation standards and inspection

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

  5  adopt and administer rules prescribing standards for the

  6  safety and health of occupants of educational and ancillary

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

  8  for Public Educational Facilities Construction as provided in

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

10  notwithstanding. These standards must be used by all public

11  agencies when inspecting public educational and ancillary

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

13  prescribe policies and procedures establishing a comprehensive

14  program of safety and sanitation for the protection of

15  occupants of public educational and ancillary plants.  Such

16  policies must contain procedures for periodic inspections as

17  prescribed herein and for withdrawal of any educational and

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

19  unsanitary conditions are corrected or removed.

20         (1)  PERIODIC INSPECTION OF PROPERTY BY LOCAL SCHOOL

21  BOARDS THE BOARD.--

22         (a)  Each board shall provide for periodic inspection

23  of each educational and ancillary plant at least once during

24  each fiscal year to determine compliance with standards of

25  sanitation and casualty safety prescribed in the rules of the

26  State Board of Education commissioner.

27         (b)  Firesafety inspections of each educational and

28  ancillary plant must be made annually by persons certified by

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

30  firesafety inspections in public educational and ancillary

31  plants.

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

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

  3  correction of each deficiency.  If immediate life-threatening

  4  deficiencies are noted in any inspection, the board shall

  5  either take action to promptly correct the deficiencies or

  6  withdraw the educational or ancillary plant from use until

  7  such time as the deficiencies are corrected.

  8         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

  9  AGENCIES.--

10         (a)  A safety or sanitation inspection of any

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

12  Department of Education or any other state or local agency

13  authorized or required to conduct such inspections by either

14  general or special law.  Each agency conducting inspections

15  shall use the standards adopted by the Commissioner of

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

17  inspection standards prescribed either by statute or

18  administrative rule, the provisions of chapter 633 to the

19  contrary notwithstanding.  The agency shall submit a copy of

20  the inspection report to the board.

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

22  applicable local fire control authority shall also annually

23  inspect school board educational facilities within its fire

24  control district, using the standards adopted by the

25  Commissioner of Education. Reports shall be filed with the

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

27  administrator.

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

29  take corrective action within a reasonable time, the agency

30  making the inspection may request the commissioner to:

31

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

  2  all deficiencies in accordance with a schedule determined

  3  jointly by the inspecting authority and the board; in

  4  developing the schedule, consideration must be given to the

  5  seriousness of the deficiencies and the ability of the board

  6  to obtain the necessary funds; or

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

  8  all or a portion of the educational or ancillary plant

  9  withdrawn from use until the deficiencies are corrected.

10         (4) Firesafety inspections of community college,

11  college, and state university facilities must comply with

12  rules of the State Board of Education.

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

14  Statutes, is amended to read:

15         235.061  Standards for relocatables used as classroom

16  space; inspections.--

17         (1)  The Commissioner of Education shall adopt rules

18  establishing standards for relocatables intended for long-term

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

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

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

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

23  1998, and each relocatable acquired by a district school board

24  after the effective date of the rules and intended for

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

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

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

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

29  requiring compliance with the state requirements for

30  educational facilities Uniform Building Code for Public

31  Educational Facilities or other locally adopted state minimum

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  1  building codes to ensure the safety and stability of

  2  construction and onsite installation; fire and moisture

  3  protection; air quality and ventilation; appropriate wind

  4  resistance; and compliance with the requirements of the

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

  6  standards must also require relocatables to provide access to

  7  the same technologies available to similar classrooms within

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

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

10  commissioner shall adopt standards for all relocatables

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

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

13  shall not be reported as providing satisfactory student

14  stations in the Florida Inventory of School Houses.

15         Section 11.  Notwithstanding subsection (7) of section

16  3 of chapter 2000-321, Laws of Florida, section 235.15,

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

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

19  amended to read:

20         235.15  Educational plant survey; localized need

21  assessment; PECO project funding.--

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

23  Board of Regents, shall arrange for an educational plant

24  survey, to aid in formulating plans for housing the

25  educational program and student population, faculty,

26  administrators, staff, and auxiliary and ancillary services of

27  the district or campus, including consideration of the local

28  comprehensive plan. The Office of Workforce and Economic

29  Division of Workforce Development shall document the need for

30  additional career and adult education programs and the

31  continuation of existing programs before facility construction

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  1  or renovation related to career or adult education may be

  2  included in the educational plant survey of a school district

  3  or community college that delivers career or adult education

  4  programs. Information used by the Office or Workforce and

  5  Economic Division of Workforce Development to establish

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

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

  8  school district or community college.

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

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

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

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

13  survey report shall include at least an inventory of existing

14  educational and ancillary plants; recommendations for existing

15  educational and ancillary plants; recommendations for new

16  educational or ancillary plants, including the general

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

18  campus master plan update and detail for community colleges;

19  the utilization of school plants based on an extended school

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

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

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

23  of the board or commissioner.

24         (b)  Required need assessment criteria for district,

25  community college, college, and state university plant

26  surveys.--Each educational plant survey completed after

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

28  specified in this paragraph.  Each educational plant survey

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

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

31

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  1  Each revised educational plant survey and each new educational

  2  plant survey supersedes previous surveys.

  3         1.  Each school district's educational plant survey

  4  must reflect the capacity of existing satisfactory facilities

  5  as reported in the Florida Inventory of School Houses.

  6  Projections of facility space needs may not exceed the norm

  7  space and occupant design criteria established by the State

  8  Requirements for Educational Facilities. Existing and

  9  projected capital outlay full-time equivalent student

10  enrollment must be consistent with data prepared by the

11  department and must include all enrollment used in the

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

13  satisfactory relocatable classrooms, including those owned,

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

15  included in the school district inventory of gross capacity of

16  facilities and must be counted at actual student capacity for

17  purposes of the inventory. For future needs determination,

18  student capacity shall not be assigned to any relocatable

19  classroom that is scheduled for elimination or replacement

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

21  educational plant survey and in the district facilities work

22  program adopted under s. 235.185. Those relocatables clearly

23  identified and scheduled for replacement in a school board

24  adopted financially feasible 5-year district facilities work

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

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

27  if the district facilities work program is changed or altered

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

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

30  counting at actual capacity. Relocatables may not be

31  perpetually added to the work program and continually extended

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

  2  remaining relocatable classrooms, including those owned,

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

  4  counted at actual student capacity. The educational plant

  5  survey shall identify the number of relocatable student

  6  stations scheduled for replacement during the 5-year survey

  7  period and the total dollar amount needed for that

  8  replacement. All district educational plant surveys revised

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

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

11  accordance with the recommendations of the department's report

12  authorized in s. 235.056. A definition of satisfactory

13  relocatable classrooms shall be established by rule of the

14  department.

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

16  facility, or cooperative vocational education facility must be

17  based on capital outlay full-time equivalent student

18  enrollment data prepared by the department for school

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

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

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

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

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

24  and universities, as appropriate. Projections of a school

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

26  and occupant design criteria established by the State

27  Requirements for Educational Facilities.

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

29  capacity of existing facilities as specified in the inventory

30  maintained by the Division of Community Colleges.  Projections

31  of facility space needs must comply with standards for

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  1  determining space needs as specified by rule of the State

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

  3  student enrollment must be consistent with the annual report

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

  5  Division of Community Colleges.

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

  7  reflect the capacity of existing facilities as specified in

  8  the inventory maintained and validated by the Division of

  9  Colleges and Universities Board of Regents.  Projections of

10  facility space needs must be consistent with standards for

11  determining space needs approved by the Division of Colleges

12  and Universities Board of Regents. The projected capital

13  outlay full-time equivalent student enrollment must be

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

15  State University System approved by the Division of Colleges

16  and Universities Board of Regents.

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

18  community college, college, or state university may include

19  space needs that deviate from approved standards for

20  determining space needs if the deviation is justified by the

21  district or institution and approved by the department or the

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

23  delivery of an approved educational program.

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

25  review and validate the surveys of school districts, and

26  community colleges, colleges, and universities, and any

27  amendments thereto for compliance with the requirements of

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

29  shall recommend those in compliance for approval by the State

30  Board of Education.

31

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

  2  or university president shall certify to the department a

  3  project's compliance with the requirements for expenditure of

  4  PECO funds prior to release of funds.

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

  6  planning purposes, certification must be made to the

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

  8  compliance with the board-approved survey recommendations and

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

10  the limiting criteria for expenditures of PECO funding.

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

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

13  location of the facility are in compliance with the

14  board-approved survey recommendations, that the project meets

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

16  expenditures of PECO funding, and that the construction

17  documents meet the requirements of the Florida State Uniform

18  Building Code for Educational Facilities Construction or other

19  applicable codes as authorized in this chapter.

20         Section 12.  Section 235.155, Florida Statutes, is

21  amended to read:

22         235.155  Exception to recommendations in educational

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

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

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

26  advantageous to the welfare of the educational system or that

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

28  including the Board of Regents, upon determining that an

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

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

31  Education for approval Commissioner of Education.

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  1         Section 13.  Section 235.18, Florida Statutes, is

  2  amended to read:

  3         235.18  Annual capital outlay budget.--Each board,

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

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

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

  7  well understood by the public.  This capital outlay budget

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

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

10  plant and ancillary facilities plan. This budget shall

11  designate the proposed capital outlay expenditures by project

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

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

14  amended. Each district school board must prepare its tentative

15  district facilities work program as required by s. 235.185

16  before adopting the capital outlay budget.

17         Section 14.  Section 235.186, Florida Statutes, is

18  amended to read:

19         235.186  Effort index grants for school district

20  facilities.--

21         (1)  There is established an effort index grant program

22  for school district facilities. The purpose of this program is

23  to provide state financial assistance for the implementation

24  of School District Facilities Work Programs adopted pursuant

25  to s. 235.185 for districts that have experienced high growth

26  in student enrollment relative to their financial ability to

27  provide facilities to serve this enrollment growth. Funding

28  for effort index grants is subject to legislative

29  appropriations specifically provided for this purpose.

30

31

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  1         (2)  In order to qualify for an effort index grant

  2  awarded pursuant to this section, a school district must meet

  3  the following criteria:

  4         (a)  The district must have levied the full 2 mills of

  5  nonvoted discretionary capital outlay authorized in s.

  6  236.25(2) for each of the 4 years immediately preceding the

  7  award of an effort index grant; and

  8         (b)  Fifty percent of the revenue derived from the 2

  9  mill nonvoted discretionary capital outlay levy for the 4

10  years immediately preceding the award of an effort index

11  grant, when divided by the district's growth in capital outlay

12  FTE students over the same 4-year period, produces a value

13  which is less than the average cost-per-student-station

14  calculated pursuant to s. 235.216(2) for the year immediately

15  preceding the effort index grant award, and weighted by the

16  statewide enrollment in elementary, middle, and high school;

17  and

18         (c)  The Commissioner of Education has related all

19  funds allocated to the district from the Classrooms First

20  Program authorized in s. 235.187; and

21         (d)  The total COFTE of the district is greater than

22  15,000 students.

23         (3)  The maximum amount of an effort index grant

24  awarded pursuant to this section shall be calculated as

25  follows:

26         (a)  For each eligible district, the Department of

27  Education shall calculate the value of 50 percent of the

28  revenue derived from the 2-mill nonvoted discretionary capital

29  outlay tax for the 4 years immediately preceding the award of

30  an effort index grant, divided by the increase in COFTE for

31  the same period.

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  1         (b)  Next the department shall determine, for each

  2  eligible district, the amount that must be added to the value

  3  calculated in paragraph (a) to produce the weighted average

  4  value-per-student-station calculated for the preceding year as

  5  described in paragraph (b).

  6         (c)  The value calculated for each district in

  7  paragraph (b) shall be multiplied by the total increase in

  8  COFTE for 4 years immediately preceding the award of the

  9  effort index grant to determine the maximum amount of a grant

10  which may be awarded to a district pursuant to the section.

11         (1)  The Legislature hereby allocates for effort index

12  grants the sum of $300 million from the funds appropriated

13  from the Educational Enhancement Trust Fund by s. 46, chapter

14  97-384, Laws of Florida, contingent upon the sale of school

15  capital outlay bonds. From these funds, the Commissioner of

16  Education shall allocate to the four school districts deemed

17  eligible for an effort index grant by the SMART Schools

18  Clearinghouse the sums of $7,442,890 to the Clay County School

19  District, $62,755,920 to the Dade County School District,

20  $1,628,590 to the Hendry County School District, and $414,950

21  to the Madison County School District. The remaining funds

22  shall be allocated among the remaining district school boards

23  that qualify for an effort index grant by meeting the local

24  capital outlay effort criteria in paragraph (a) or paragraph

25  (b).

26         (a)  Between July 1, 1995, and June 30, 1999, the

27  school district received direct proceeds from the

28  one-half-cent sales surtax for public school capital outlay

29  authorized by s. 212.055(6) or from the local government

30  infrastructure sales surtax authorized by s. 212.055(2).

31

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  1         (b)  The school district met two of the following

  2  criteria:

  3         1.  Levied the full 2 mills of nonvoted discretionary

  4  capital outlay authorized by s. 236.25(2) during 1995-1996,

  5  1996-1997, 1997-1998, and 1998-1999.

  6         2.  Levied a cumulative voted millage for capital

  7  outlay and debt service equal to 2.5 mills for fiscal years

  8  1995 through 1999.

  9         3.  Received proceeds of school impact fees greater

10  than $500 per dwelling unit which were in effect on July 1,

11  1998.

12         4.  Received direct proceeds from either the

13  one-half-cent sales surtax for public school capital outlay

14  authorized by s. 212.055(6) or from the local government

15  infrastructure sales surtax authorized by s. 212.055(2).

16          (2)  It is the intent of the Legislature that this

17  program be administered as nearly as is practicable in the

18  same manner as the capital outlay program authorized under s.

19  9(d), Art. XII of the State Constitution. Each district school

20  board's share of the appropriation for the effort index grants

21  must be calculated according to the following formula using

22  the same basis as the Classrooms First allocation formula, but

23  the share of each district shall, at a minimum, be at least

24  equal to the amount required for all payments of the district

25  relating to bonds issued by the state on its behalf:

26         (a)  Twenty-five percent of the appropriation shall be

27  prorated to the districts based on each district's percentage

28  of base capital outlay full-time-equivalent membership; and 65

29  percent shall be based on each district's percentage of growth

30  capital outlay full-time-equivalent membership as specified

31

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  1  for the allocation of funds from the Public Education Capital

  2  Outlay and Debt Service Trust Fund by s. 235.435(3).

  3         (b)  Ten percent of the appropriation must be allocated

  4  among district school boards according to the allocation

  5  formula in s. 235.435(1)(a).

  6         (3)  A district school board shall expend the funds

  7  received under this section only to:

  8         (a)  Construct, renovate, remodel, repair, or maintain

  9  educational facilities; or

10         (b)  Pay debt service on bonds issued under this

11  section, the proceeds of which must be expended for new

12  construction, remodeling, renovation, and major repairs. Bond

13  proceeds shall be expended first for providing permanent

14  classroom facilities and related auxiliary facilities. Bond

15  proceeds may not be expended for any other facilities until

16  all unmet needs for permanent classrooms and auxiliary

17  facilities as defined in s. 235.011 have been satisfied.

18

19  However, if more than 9 percent of a district's total square

20  feet is more than 50 years old, the district must spend at

21  least 25 percent of its allocation on the renovation, major

22  repair, or remodeling of existing schools, except that

23  districts having fewer than 10,000 full-time equivalent

24  students are exempt from this requirement.

25         (4)  Each district school board that pledges moneys

26  under paragraph (3)(b) shall notify the Department of

27  Education of its election at a time set by the department;

28  however, the initial notification shall be by July 1, 1999.

29  The Department of Education shall review the proposal of each

30  district school board for compliance with this section and

31  shall forward all approved proposals to the Division of Bond

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  1  Finance with a request to issue bonds on behalf of the

  2  approved school districts.

  3         (5)  A district school board that chooses to pledge

  4  allocations from the Classrooms First Program for the issuance

  5  of bonds must encumber those bond proceeds before pledging

  6  funds for the payment of debt service on bonds issued pursuant

  7  to this section.

  8         (6)  A school district may receive a distribution for

  9  use pursuant to paragraph (3)(a) only if the district school

10  board certifies to the Commissioner of Education that the

11  district has no unmet need for permanent classroom facilities

12  in its 5-year capital outlay work plan. If the work plan

13  contains such unmet needs, the district must use its

14  distribution for the payment of bonds under paragraph (2)(b).

15  If the district does not require its full bonded distribution

16  to eliminate such unmet needs, it may bond only that portion

17  of its allocation necessary to meet the needs.

18         Section 15.  Subsections (1), (2), and (3) of section

19  235.19, Florida Statutes, are amended to read:

20         235.19  Site planning and selection.--

21         (1)  Before acquiring property for sites, each

22  community college board of trustees and local school board

23  shall determine the location of proposed educational centers

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

25  board shall consider existing and anticipated site needs and

26  the most economical and practicable locations of sites.  The

27  community college board of trustees or local school board

28  shall coordinate with the long-range or comprehensive plans of

29  local, regional, and state governmental agencies to assure the

30  compatibility of such plans with site planning. Boards are

31  encouraged to locate educational facilities schools proximate

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  1  to urban residential areas to the extent possible, and shall

  2  seek to collocate educational facilities schools with other

  3  public facilities, such as parks, libraries, and community

  4  centers, to the extent possible.

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

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

  7  that site by the original educational facility or future

  8  expansions of the facility through renovation or the addition

  9  of relocatables. The State Board Commissioner of Education

10  shall prescribe by rule recommended sizes for new sites

11  according to categories of students to be housed and other

12  appropriate factors determined by the state board

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

14  the community college board of trustees or local school board,

15  by a two-thirds majority, recommends such a site and finds

16  that it can provide an appropriate and equitable educational

17  program on the site.

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

19  accordance with chapter 230 or chapter 240 must meet standards

20  prescribed therein and such supplementary standards as the

21  State Board of Education commissioner prescribes to promote

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

23  well drained and suitable for outdoor educational purposes as

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

25  333.03, the site must not be located within any path of flight

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

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

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

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

30  which conditions, would be likely to interfere with the

31  educational program.

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  1         Section 16.  Subsection (3) is added to section

  2  235.192, Florida Statutes, to read:

  3         235.192  Coordination of school safety information;

  4  construction design documents.--

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

  6  university president must provide to the law enforcement

  7  agency and fire department that has jurisdiction over the

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

  9  relevant documents for each educational facility as defined in

10  235.011(6). After the initial submission of the floor plans

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

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

13  documents for each educational facility that was modified

14  during the preceding year.

15         Section 17.  Subsections (2), (3), and (5) of section

16  235.193, Florida Statutes, are amended, and subsection (9) is

17  added to that section, to read:

18         235.193  Coordination of planning with local governing

19  bodies.--

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

21  share and coordinate information related to existing and

22  planned public school facilities; proposals for development,

23  redevelopment, or additional development; and infrastructure

24  required to support the public school facilities, concurrent

25  with proposed development. A school board shall use Department

26  of Education enrollment projections when preparing the 5-year

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

28  school board shall affirmatively demonstrate in the

29  educational facilities report consideration of local

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

31  work program not only reflects enrollment projections but also

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  1  considers applicable municipal and county growth and

  2  development projections. A school board is precluded from

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

  4  has failed to provide the annual educational facilities report

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

  6  failure is corrected.

  7         (3)  The location of public educational facilities

  8  shall be consistent with the comprehensive plan of the

  9  appropriate local governing body developed under part II of

10  chapter 163 and the plan's implementing land development

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

12  conflict with or the subject regulated is not specifically

13  addressed by this chapter or the state requirements for

14  educational facilities Uniform Building Code, unless mutually

15  agreed by the local government and the board.

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

17  least before commencing construction of a new public

18  educational facility, the local governing body that regulates

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

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

21  request for a determination, whether a proposed public

22  educational facility is consistent with the local

23  comprehensive plan and local land development regulations, to

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

25  the subject regulated is not specifically addressed by this

26  chapter or the State Uniform Building Code, unless mutually

27  agreed. If the determination is affirmative, school

28  construction may proceed and further local government

29  approvals are not required, except as provided in this

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

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

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  1  request for a determination of consistency shall be considered

  2  an approval of the school board's application.

  3         (9)  Campus master plans and development agreements

  4  must comply with ss. 240.155 and 240.156.

  5         Section 18.  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 19.  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 20.  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 21.  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 22.  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 23.  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 24.  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 March 1, 2002, July 1,

27  2001, a uniform statewide building code for the planning and

28  construction of public educational and ancillary plants by

29  district school boards and community college district boards

30  of trustees shall be adopted by the Florida Building

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

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  1  553.73. Included in this code must be flood plain management

  2  criteria in compliance with the rules and regulations in 44

  3  C.F.R. parts 59 and 60, and subsequent revisions thereto which

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

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

  6  part of 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         (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         (6)  REVIEW PROCEDURE.--The Commissioner of Education

11  shall cooperate with the Florida Building Commission in

12  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         (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         (8)(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 25.  Section 235.261, Florida Statutes, is

18  created to read:

19         235.261  Education facilities as emergency shelters.--

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

21  with boards and county and state emergency management offices,

22  include within the standards to be developed under this

23  subsection public shelter design criteria to be incorporated

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

25  designed to ensure that appropriate areas in new educational

26  facilities can serve as public shelters for

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

28  area within a facility, for which a design contract is entered

29  into after the effective date of the inclusion of the public

30  shelter criteria in the code must be built in compliance with

31  the amended code unless the facility or a part of it is

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  1  exempted from using the new shelter criteria due to its

  2  location, size, or other characteristics by the applicable

  3  board with the concurrence of the applicable local emergency

  4  management agency or the Department of Community Affairs.  Any

  5  educational facility located or proposed to be located in an

  6  identified category 1, 2, or 3 evacuation zone is not subject

  7  to the requirements of this subsection. If the regional

  8  planning council region in which the county is located does

  9  not have a hurricane evacuation shelter deficit, as determined

10  by the Department of Community Affairs, educational facilities

11  within the planning council region are not required to

12  incorporate the public shelter criteria.

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

14  Department of Community Affairs shall prepare and submit a

15  statewide emergency shelter plan to the Governor and the

16  Cabinet for approval. The plan must identify the general

17  location and square footage of existing shelters, by regional

18  planning council region, and the general location and square

19  footage of needed shelters, by regional planning council

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

21  types of public facilities which should be constructed to

22  comply with emergency-shelter criteria and must recommend an

23  appropriate and available source of funding for the additional

24  cost of constructing emergency shelters within these public

25  facilities. After the approval of the plan, a board may not be

26  required to build more emergency-shelter space than identified

27  as needed in the plan, and decisions pertaining to exemptions

28  pursuant to subsection (1) must be guided by the plan.

29         Section 26.  Section 235.31, Florida Statutes, is

30  amended to read:

31

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  1         235.31  Advertising and awarding contracts;

  2  prequalification of contractor.--

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

  4  been voted upon and authorized or funds have been made

  5  available for the construction, remodeling, renovation,

  6  demolition, or otherwise for the improvement, of any

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

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

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

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

11  for the building or improvements to the lowest responsible

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

13  the bid of the lowest responsible bidder exceeds the

14  construction budget for the project established at the phase

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

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

17  negotiate the construction contract or modify the contract,

18  including the specifications, with the lowest responsible

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

20  documents to the authorized review authority for review to

21  confirm that the project remains in compliance with building

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

23  may readvertise, calling for new bids.

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

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

26  providential cause resulting in:

27         1.  Imminent danger to life or safety; or

28         2.  Overcrowding of students

29

30  constitutes an emergency.

31

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

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

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

  4  of entering into construction capital project contracts with

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

  6  contracts shall be competitively bid only among minority

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

  8  present effects of past discriminatory practices and shall be

  9  subject to periodic reassessment to account for changing needs

10  and circumstances.

11         (2)  Boards shall prequalify bidders for construction

12  contracts according to rules prescribed by the State Board

13  Commissioner of Education which require the prequalification

14  of bidders of educational facilities construction. Boards

15  shall require that all construction or capital improvement

16  bids be accompanied by evidence that the bidder holds an

17  appropriate certificate or license or that the prime

18  contractor has a current valid license.

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

20  services for maintenance, repair, and site improvement of

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

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

23  those services for educational facilities and ancillary plants

24  under those contracts at the unit prices stated in those

25  contracts.  However, the person providing those services under

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

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

28  board may purchase those services under such a contract only

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

30  district and the services conform to the standards and

31  specifications prescribed by rules of the State Board

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  1  Commissioner of Education and, if applicable, to the

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

  3  contracts in existence on July 1, 1994.

  4         Section 27.  Section 235.32, Florida Statutes, is

  5  amended to read:

  6         235.32  Substance of contract; contractors to give

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

  8  consistent with this chapter and statutes governing public

  9  facilities. Such a contract must contain the drawings and

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

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

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

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

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

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

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

17  contract and may provide an incentive for early completion.

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

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

20  accepted. The contractor shall furnish the board with a

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

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

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

24  bonding company. Notwithstanding any other provision of this

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

26  construction project is paid out of a trust fund established

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

28  employed by contractors or subcontractors on such construction

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

30  construction projects in the locality, as determined by the

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

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

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

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

  4  approved in accordance with the provisions of this chapter and

  5  rules of the State Board Commissioner of Education relating to

  6  building standards or specifications is subject to forfeiture

  7  of bond and unpaid compensation in an amount sufficient to

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

  9  incurred in making any changes necessary to assure that all

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

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

12  775.083, for each separate violation.

13         Section 28.  Section 235.3215, Florida Statutes, is

14  amended to read:

15         235.3215  Toxic substances in construction, repair, or

16  maintenance of educational public school facilities.--

17         (1)  All toxic substances enumerated in the Florida

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

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

20  educational facilities are restricted to usage. according to

21  the following provisions:

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

23  contractor shall notify the district superintendent or

24  institution president in writing at least three working days

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

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

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

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

29

30

31

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

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

  3  such substance.

  4         (b)  The district superintendent shall take all

  5  reasonable actions to ensure that the contractor complies with

  6  the safety precautions and handling instructions set forth in

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

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

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

10  general public.

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

12  validity of obligations under contracts in existence on June

13  30, 1987.

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

15  235.34, Florida Statutes, is amended to read:

16         235.34  Expenditures authorized.--

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

18  fees pursuant to s. 235.261(1) s. 235.26(1), education school

19  boards, boards of trustees, the Board of Regents, boards of

20  county commissioners, municipal boards, and other agencies and

21  boards of the state may expend funds, separately or

22  collectively, by contract or agreement, for the placement,

23  paving, or maintaining of any road, byway, or sidewalk if the

24  road, byway, or sidewalk is contiguous to or runs through the

25  property of any educational plant or for the maintenance or

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

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

28  sanitary sewer, water, stormwater, and utility improvements

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

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

31  contiguous to, any existing or proposed educational plant.

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

  2  Statutes, is amended to read:

  3         235.40  Radio and television facilities.--

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

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

  6  lands and other facilities, either within or without the

  7  boundaries of the district, for use in providing educational

  8  radio or television transmitting sites and may erect such

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

10  structures as are necessary to accomplish the purposes of this

11  section.

12         Section 31.  Notwithstanding subsection (7) of section

13  3 of chapter 2000-321, Laws of Florida, section 235.41,

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

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

16  amended to read:

17         235.41  Legislative capital outlay budget request.--

18         (1)  The commissioner shall develop a procedure deemed

19  appropriate in arriving at the amounts required to fund

20  projects as reflected in the integrated, comprehensive budget

21  request required by this section. The official estimates for

22  funds accruing to the Public Education Capital Outlay and Debt

23  Service Trust Fund made by the revenue estimating conference

24  shall be used in determining the budget request pursuant to

25  this section. The commissioner, in consultation with the

26  appropriations committees of the Legislature, shall provide

27  annually to the Division State Board of Community Colleges and

28  the Division of Colleges and Universities Board of Regents an

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

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

31  235.435.

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

  2  to the Legislature an integrated, comprehensive budget request

  3  for educational facilities construction and fixed capital

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

  5  pursuant to the provisions of s. 235.435 and applicable

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

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

  8  data required in the development of the annual capital outlay

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

10  Education Capital Outlay and Debt Service Trust Fund to a

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

12  board submits the data.

13         (3)  The commissioner shall submit an integrated,

14  comprehensive budget request to the Executive Office of the

15  Governor and to the Legislature each fiscal year by the

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

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

18  budget request shall include:

19         (a)  Recommendations for the priority of expenditure of

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

21  for the recommended priorities, and other recommendations

22  which relate to the effectiveness of the educational

23  facilities construction program.

24         (b)  All items in s. 235.435.

25         Section 32.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, section 235.42,

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

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

29  amended to read:

30

31

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  1         235.42  Educational and ancillary plant construction

  2  funds; Public Education Capital Outlay and Debt Service Trust

  3  Fund; allocation of funds.--

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

  5  administer the Public Education Capital Outlay and Debt

  6  Service Trust Fund.  The commissioner shall allocate or

  7  reallocate funds as authorized by the Legislature. Copies of

  8  each allocation or reallocation shall be provided to members

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

10  of Representatives and Senate appropriations committees.  The

11  commissioner shall provide for timely encumbrances of funds

12  for duly authorized projects. Encumbrances may include

13  proceeds to be received under a resolution approved by the

14  State Board of Education authorizing the issuance of public

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

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

17  law.  The commissioner shall provide for the timely

18  disbursement of moneys necessary to meet the encumbrance

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

20  Records shall be maintained by the department to identify

21  legislative appropriations, allocations, encumbrance

22  authorizations, disbursements, transfers, investments, sinking

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

24  Education shall pay the administrative costs of the Public

25  Education Capital Outlay and Debt Service Trust Fund from the

26  funds which comprise the trust fund.

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

28  Service Trust Fund shall be comprised of the following

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

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

31  sale of public education bonds and that portion of the

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  1  revenues accruing from the gross receipts tax as provided by

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

  3  interest on investments, and federal interest subsidies.

  4         2.  General revenue funds appropriated to the fund for

  5  educational capital outlay purposes.

  6         3.  All capital outlay funds previously appropriated

  7  and certified forward pursuant to s. 216.301.

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

  9  maintained in separate accounts shall be segregated or

10  maintained in such manner that the relationship between

11  program and revenue source is retained.  Nothing in this

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

13  Public Education Capital Outlay and Debt Service Trust Fund of

14  the resources of funds so segregated or maintained.

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

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

17  an amount sufficient to cover capital outlay disbursements

18  anticipated from encumbrance authorizations for the following

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

20  shall be approved and signed before any disbursements are

21  authorized.

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

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

24  appropriated and budgeted for fixed capital outlay needs; but

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

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

27  succeeding fiscal years.  This subsection shall be

28  incorporated verbatim in all executory contracts of a board.

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

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

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

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  1  amounts appropriated and budgeted or in excess of the cash

  2  that will be available to meet the disbursement requirements.

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

  4  board shall obtain certification from the department that

  5  moneys will be available to meet the disbursement

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

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

  8  payment shall be made thereon.

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

10  invest the trust funds of any state-supported retirement

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

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

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

14  accordance with authorized practices.

15         (7)  Boards and entities authorized to participate in

16  the trust fund are district school boards, the community

17  college district boards of trustees, the college and

18  university boards of trustees, the Trustees of the Florida

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

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

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

22  authorized by the Legislature.

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

24  project, of requests for encumbrance authorization from each

25  agency.  Each project shall be tracked in the following

26  manner:

27         (a)  The date the request is received;

28         (b)  The anticipated encumbrance date requested by the

29  agency;

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

31  authorization; and

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

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

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

  4  from each appropriated allocation and the amount of cash

  5  disbursed by the agency to vendors or contractors from each

  6  appropriated allocation, by month.

  7         (b)  Showing updated adjustments to the budget fiscal

  8  year forecast for appropriations, encumbrances, disbursements,

  9  and cash available for encumbrance status.

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

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

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

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

14  are amended to read:

15         235.435  Funds for comprehensive educational plant

16  needs; construction cost maximums for school district capital

17  projects.--Allocations from the Public Education Capital

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

19  capital outlay projects shall be determined as follows:

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

21  repairs, and site improvement for existing satisfactory

22  facilities shall be given priority consideration by the

23  Legislature for appropriations allocated to the boards,

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

25  Public Education Capital Outlay and Debt Service Trust Fund

26  appropriated.  These funds shall be calculated pursuant to the

27  following basic formula:  the building value times the

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

29  50-year building life.  For relocatable facilities, a 20-year

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

31  multiplying each building's total assignable square feet times

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

  2  board rules and that product times the current average new

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

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

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

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

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

  8  preceding formula of the total amount appropriated for the

  9  purposes of this section.

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

11  not use the funds received pursuant to this section to

12  supplant funds in the current fiscal year approved operating

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

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

15  section not been received.

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

17  maintain fund accounting in a manner which will permit a

18  detailed audit of the funds expended in this program.

19         (h)  Boards of trustees for colleges and universities

20  The Board of Regents may utilize funds appropriated pursuant

21  to this section for replacement of minor facilities provided

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

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

24  replaced from funds provided pursuant to this section unless

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

26  renovation is greater than or equal to the cost of

27  replacement.

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

29  the Public Education Capital Outlay and Debt Service Trust

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

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

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  1  Account." The Special Facility Construction Account shall be

  2  used to provide necessary construction funds to school

  3  districts which have urgent construction needs but which lack

  4  sufficient resources at present, and cannot reasonably

  5  anticipate sufficient resources within the period of the next

  6  3 years, for these purposes from currently authorized sources

  7  of capital outlay revenue.  A school district requesting

  8  funding from the Special Facility Construction Account shall

  9  submit one specific construction project, not to exceed one

10  complete educational plant, to the Special Facility

11  Construction Committee. No district shall receive funding for

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

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

14  receives an appropriation. The department shall encourage a

15  construction program that reduces the average size of schools

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

17  to be considered by the committee:

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

19  be recommended for funding by the Special Facility

20  Construction Committee.  Prior to developing plans for the

21  proposed facility, the district school board must request a

22  preapplication review by the Special Facility Construction

23  Committee or a project review subcommittee convened by the

24  committee to include two representatives of the department and

25  two staff from school districts not eligible to participate in

26  the program other than the district submitting the project.

27  Within 60 days after receiving the preapplication review

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

29  district to review the project proposal and existing

30  facilities.  To determine whether the proposed project is a

31  critical need, the committee or subcommittee shall consider,

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

  2  the district as determined by the Florida Inventory of School

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

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

  5  equivalent student enrollment as determined by the department;

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

  7  of all existing district property and facilities; grade level

  8  configurations; and any other information that may affect the

  9  need for the proposed project.

10         2.  The construction project must be recommended in the

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

12  of the State Board of Education.

13         3.  The construction project must appear on the

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

15  the State Board of Education.

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

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

18  and the rules of the State Board of Education.

19         5.  The district shall have developed a school board

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

21  square feet occupancy requirements under the State

22  Requirements for Educational Facilities, using all possible

23  programmatic combinations for multiple use of space to obtain

24  maximum daily use of all spaces within the facility under

25  consideration.

26         6.  Upon construction, the total cost per student

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

28  student station as provided in subsection (6).

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

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

31

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  1  days of receipt of its encumbrance authorization from the

  2  department.

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

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

  5  against their nonexempt assessed property value as allowed in

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

  7  from the school capital outlay surtax authorized under s.

  8  212.055(6). Effective July 1, 1991, Any district with a new or

  9  active project, funded under the provisions of this

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

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

12  participation requirement in the Special Facility Construction

13  Account.

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

15  advertising of bids, the funding for the specific project

16  shall revert to the Special Facility New Construction Account

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

18  additional 90 days may be granted by the commissioner.

19         10.  The department shall certify the inability of the

20  district to fund the survey-recommended project over a

21  continuous 3-year period using projected capital outlay

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

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

24  and s. 236.25(2).

25         11.  The district shall have on file with the

26  department an adopted resolution acknowledging its 3-year

27  commitment of all unencumbered and future revenue acquired

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

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

30

31

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

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

  3  safety codes prior to August 1.

  4         (3)(a)  Each district school board shall receive an

  5  amount from the Public Education Capital Outlay and Debt

  6  Service Trust Fund to be calculated by computing the capital

  7  outlay full-time equivalent membership as determined by the

  8  department.  Such membership must include, but is not limited

  9  to:

10         1.  K-12 students, except hospital and homebound

11  part-time students; and

12         2.  Students who are workforce development education

13  students, and adult disabled students and who are enrolled in

14  school district technical centers. The capital outlay

15  full-time equivalent membership shall be determined for

16  kindergarten through the 12th grade and for

17  vocational-technical centers by averaging the unweighted

18  full-time equivalent student membership for the second and

19  third surveys and comparing the results on a school-by-school

20  basis with the Florida Inventory for School Houses.  The

21  capital outlay full-time equivalent membership by grade level

22  organization shall be used in making the following

23  calculations: The capital-outlay full-time-equivalent

24  membership by grade level organization for the 4th prior year

25  must be used to compute the base-year allocation. The

26  capital-outlay full-time-equivalent membership by grade-level

27  organization for the prior year must be used to compute the

28  growth over the highest of the 3 years preceding the prior

29  year. The capital outlay full-time equivalent membership by

30  grade level organization for the 1981-1982 fiscal year shall

31  be computed as the base year. The capital outlay full-time

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  1  equivalent membership by grade level organization for the

  2  1984-1985 fiscal year shall be computed with the positive

  3  increase over the base year constituting growth.  From the

  4  total amount appropriated by the Legislature pursuant to this

  5  subsection, 40 percent shall be allocated among the base

  6  capital outlay full-time equivalent membership and 60 percent

  7  among the growth capital outlay full-time equivalent

  8  membership. The allocation within each of these groups shall

  9  be prorated to the districts based upon each district's

10  percentage of base and growth capital outlay full-time

11  membership.  The most recent 4-year capital outlay full-time

12  equivalent membership data shall be used in each subsequent

13  year's calculation for the allocation of funds pursuant to

14  this subsection.  If the growth capital outlay full-time

15  equivalent membership for a district declines in any year used

16  in their calculation after the initial allocation pursuant to

17  this subsection, no allocation for growth capital outlay

18  full-time equivalent membership shall be made for any

19  subsequent year until the number of capital outlay full-time

20  equivalent membership has exceeded the number for which an

21  allocation has already been made. If a change, correction, or

22  recomputation of data during any year results in a reduction

23  or increase of the calculated amount previously allocated to a

24  district, the allocation to that district shall be adjusted

25  correspondingly.  If such recomputation results in an increase

26  or decrease of the calculated amount, such additional or

27  reduced amounts shall be added to or reduced from the

28  district's future appropriations.  However, no change,

29  correction, or recomputation of data shall be made subsequent

30  to 2 years following the initial annual allocation.

31

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  1         (4)(a)  The boards of trustees of the community

  2  colleges, colleges, and universities and the Board of Regents

  3  of the State University System shall receive funds for

  4  projects based on a 3-year priority list, to be updated

  5  annually, which is submitted to the Legislature in the

  6  legislative budget request at least 90 45 days prior to the

  7  legislative session. The Division State Board of Community

  8  Colleges shall submit a 3-year priority list for the entire

  9  Florida Community College System as approved by the State

10  Board of Education. The Division of Colleges and Universities

11  Board of Regents shall submit a 3-year priority list for the

12  entire state colleges and universities University System as

13  approved by the State Board of Education.  The list lists

14  shall reflect decisions by the board boards concerning program

15  priorities that implement the statewide plan for program

16  growth and quality improvement in education.  No remodeling or

17  renovation project shall be included on the 3-year priority

18  list unless the project has been recommended pursuant to s.

19  235.15 or is for the purpose of correcting health and safety

20  deficiencies.  No new construction project shall be included

21  on the first year of the 3-year priority list unless the

22  educational specifications have been approved by the

23  commissioner Chancellor for a community college, college, or

24  university project as applicable projects or by the Division

25  of Community Colleges for community college projects. The

26  funds requested for a new construction project in the first

27  year of the 3-year priority list shall be in conformance with

28  the scope of the project as defined in the educational

29  specifications.  Any new construction project requested in the

30  first year of the 3-year priority list which is not funded by

31  the Legislature shall be carried forward to be listed first in

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  1  developing the updated 3-year priority list for the subsequent

  2  year's capital outlay budget. Should the order of the priority

  3  of the projects change from year to year, a justification for

  4  such change shall be included with the updated priority list.

  5         (b)  The boards of trustees of the community colleges,

  6  colleges, and universities and the Board of Regents of the

  7  State University System may lease relocatable educational

  8  facilities for up to 3 years using nonbonded PECO funds.

  9         (c)  The boards of trustees of the community colleges,

10  colleges, and universities and the Board of Regents shall

11  receive funds for remodeling, renovation, maintenance and

12  repairs, and site improvement for existing satisfactory

13  facilities pursuant to subsection (1).

14         (5)  District school boards shall identify each fund

15  source and the use of each proportionate to the project cost,

16  as identified in the bid document, to assure compliance with

17  this section.  The data shall be submitted to the department,

18  which shall track this information as submitted by the boards.

19  PECO funds shall not be expended as indicated in the

20  following:

21         (a)  District school boards shall provide landscaping

22  by local funding sources or initiatives.  District school

23  boards are exempt from local landscape ordinances but may

24  comply with the local requirements if such compliance is less

25  costly than compliance with the landscape requirements of the

26  Florida State Uniform Building Code for Public Educational

27  Facilities.

28         (7)(a)  The Department of Education shall establish,

29  beginning with the 1992-1993 fiscal year, as a part of the

30  Public Education Capital Outlay and Debt Service Trust Fund, a

31  separate account to be known as the Increased Utilization

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  1  Account in an amount each year not to exceed 5 percent of the

  2  total funds appropriated under the provisions of paragraph

  3  (3)(a). These funds shall be allocated by the commissioner to

  4  any public school district according to the following formula:

  5  Any eligible school that increases its FTE facility capacity

  6  by at least 20 percent as a result of using the modified

  7  school calendar shall receive up to a maximum of $100 per

  8  total FTE generated within the school.

  9         (b)  To be eligible, the district school board must

10  submit a resolution prior to August 1 of each fiscal year,

11  beginning August 1, 1992, of its intent to participate in the

12  Increased Utilization Account and listing each of the schools

13  eligible during the prior fiscal year, with the first year

14  being 1991-1992.  The information listed for each school must

15  include the maximum FTE capacity for the year as contained in

16  the Florida inventory of school houses in the Office of

17  Educational Facilities, and the increase attributable to the

18  modified school calendar.  To be eligible, each individual

19  school FTE must exceed the maximum facility capacity during

20  the fiscal year by at least 20 percent.

21         (c)  Each school district qualifying for funding under

22  this subsection may be paid up to $100 per total FTE per

23  eligible school site for a maximum of 5 years for each

24  eligible school provided that funds are available.  If funds

25  are insufficient during any fiscal year, the commissioner

26  shall determine the pro rata amount.

27         (d)  Funds received by a school district from the

28  Increased Utilization Account shall be exempt from repayment

29  of any project outstanding pursuant to the provisions of

30  subsection (2).

31

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  1         (e)  Funds accruing to a district school board from the

  2  provisions of this subsection shall be expended on needed

  3  projects as shown by survey or surveys under the rules of the

  4  state board.

  5         (f)  For the purpose of implementing the provisions of

  6  this subsection, "modified school calendar" means an extended

  7  school week or an extended school year.  Overcrowding of a

  8  school or double sessions do not apply.

  9         Section 34.  Section 235.4351, Florida Statutes, is

10  amended to read:

11         235.4351  Waivers from certain requirements.--The State

12  Board of Education shall commissioner may adopt standards, by

13  rule, for the provision of waivers from the requirements of

14  this chapter relating to plant surveys, need projections, and

15  cost ceilings. Special consideration for waiver shall be given

16  to:

17         (1)  Projects of school districts for which no state

18  money is spent.

19         (2)  Projects of school districts that certify that all

20  of the district's educational plant space needs for the next 5

21  years can be met from:

22         (a)  Capital outlay sources that the district

23  reasonably expects to receive during the next 5 years; or

24         (b)  Alternative scheduling or construction, leasing,

25  rezoning, or technological methodologies exhibiting sound

26  management.

27

28  The commissioner shall report annually to the Legislature and

29  the Governor, by January 1, the prior year's waivers granted

30  under this section.

31         Section 35.  This act shall take effect July 1, 2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1584

  3

  4  The college and state university exemptions from certain
    provisions of ch. 235, F.S., are restored because the
  5  institutions' are governed on these issues by other sections
    of the Florida Statutes. For example, s. 235.193, F.S.,
  6  directs boards to coordinate facilities planning with local
    governments. A provision was added requiring campus master
  7  plans and development agreements to comply with ss. 240.155
    and 240.156, F.S., which provide for university concurrency
  8  agreements with local governments.

  9  The Effort Index Grant Program for school districts is revised
    to direct its purpose to assisting districts experiencing high
10  growth in student enrollment.

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