Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1270
                        Barcode 732624
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/13/2007 02:50 PM         .                    
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11  The Committee on Higher Education Appropriations (Oelrich)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 247, line 12, through
16            page, 258, line 2, delete those lines
17  
18  and insert:  
19         2.  Each survey of a special facility, joint-use
20  facility, or cooperative career education facility must be
21  based on capital outlay full-time equivalent student
22  enrollment data prepared by the department for school
23  districts and, community colleges, colleges, and by the
24  Chancellor of the State University System for universities. A
25  survey of space needs of a joint-use facility shall be based
26  upon the respective space needs of the school districts,
27  community colleges, colleges, and universities, as
28  appropriate. Projections of a school district's facility space
29  needs may not exceed the norm space and occupant design
30  criteria established by the State Requirements for Educational
31  Facilities.
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 3. Each community college's survey must reflect the 2 capacity of existing facilities as specified in the inventory 3 maintained by the Department of Education. Projections of 4 facility space needs must comply with standards for 5 determining space needs as specified by rule of the State 6 Board of Education. The 5-year projection of capital outlay 7 student enrollment must be consistent with the annual report 8 of capital outlay full-time student enrollment prepared by the 9 Department of Education. 10 4. Each college and state university's survey must 11 reflect the capacity of existing facilities as specified in 12 the inventory maintained and validated by the Chancellor of 13 the State University System Division of Colleges and 14 Universities. Projections of facility space needs must be 15 consistent with standards for determining space needs as 16 specified by rule of approved by the Board of Governors 17 Division of Colleges and Universities. The projected capital 18 outlay full-time equivalent student enrollment must be 19 consistent with the 5-year planned enrollment cycle for the 20 State University System approved by the Board of Governors 21 Division of Colleges and Universities. 22 5. The district educational facilities plan of a 23 school district and the educational plant survey of a 24 community college, college or state university, or the Florida 25 School for the Deaf and the Blind may include space needs that 26 deviate from approved standards for determining space needs if 27 the deviation is justified by the district or institution and 28 approved by the department or the Board of Governors, as 29 appropriate, as necessary for the delivery of an approved 30 educational program. 31 (c) Review and validation.--The Department of 2 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 Education Office of Educational Facilities and SMART Schools 2 Clearinghouse shall review and validate the surveys of school 3 districts and, community colleges, and colleges and the 4 Chancellor of the State University System shall review and 5 validate the surveys of universities, and any amendments 6 thereto for compliance with the requirements of this chapter 7 and shall recommend those in compliance for approval by the 8 State Board of Education or the Board of Governors, as 9 appropriate. Annually, the department shall perform an 10 in-depth analysis of a representative sample of each survey of 11 recommended needs for five districts selected by the 12 commissioner from among districts with the largest 13 need-to-revenue ratio. For the purpose of this subsection, the 14 need-to-revenue ratio is determined by dividing the total 15 5-year cost of projects listed on the district survey by the 16 total 5-year fixed capital outlay revenue projections from 17 state and local sources as determined by the department. The 18 commissioner may direct fixed capital outlay funds to be 19 withheld from districts until such time as the survey 20 accurately projects facilities needs. 21 (d) Periodic update of Florida Inventory of School 22 Houses.--School districts shall periodically update their 23 inventory of educational facilities as new capacity becomes 24 available and as unsatisfactory space is eliminated. The State 25 Board of Education shall adopt rules to determine the time 26 frame in which districts must provide a periodic update. 27 (2) Only the district school superintendent, community 28 college president, or the university president shall certify 29 to the Department of Education Office of Educational 30 Facilities and SMART Schools Clearinghouse a project's 31 compliance with the requirements for expenditure of PECO funds 3 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 prior to release of funds. 2 (a) Upon request for release of PECO funds for 3 planning purposes, certification must be made to the 4 Department of Education Office of Educational Facilities and 5 SMART Schools Clearinghouse that the need for and location of 6 the facility are in compliance with the board-approved survey 7 recommendations, that the project meets the definition of a 8 PECO project and the limiting criteria for expenditures of 9 PECO funding, and that the plan is consistent with the local 10 government comprehensive plan. 11 (b) Upon request for release of construction funds, 12 certification must be made to the Department of Education 13 Office of Educational Facilities and SMART Schools 14 Clearinghouse that the need and location of the facility are 15 in compliance with the board-approved survey recommendations, 16 that the project meets the definition of a PECO project and 17 the limiting criteria for expenditures of PECO funding, and 18 that the construction documents meet the requirements of the 19 Florida Building Code for educational facilities construction 20 or other applicable codes as authorized in this chapter. 21 Section 176. Subsection (2) of section 1013.46, 22 Florida Statutes, is amended to read: 23 1013.46 Advertising and awarding contracts; 24 prequalification of contractor.-- 25 (2) Boards shall prequalify bidders for construction 26 contracts according to rules prescribed by the State Board of 27 Education which require the prequalification of bidders of 28 educational facilities construction. Boards shall require that 29 all construction or capital improvement bids be accompanied by 30 evidence that the bidder holds an appropriate certificate or 31 license or that the prime contractor has a current valid 4 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 license. 2 Section 177. Section 1013.47, Florida Statutes, is 3 amended to read: 4 1013.47 Substance of contract; contractors to give 5 bond; penalties.--Each board shall develop contracts 6 consistent with this chapter and statutes governing public 7 facilities. Such a contract must contain the drawings and 8 specifications of the work to be done and the material to be 9 furnished, the time limit in which the construction is to be 10 completed, the time and method by which payments are to be 11 made upon the contract, and the penalty to be paid by the 12 contractor for any failure to comply with the terms of the 13 contract. The board may require the contractor to pay a 14 penalty for any failure to comply with the terms of the 15 contract and may provide an incentive for early completion. 16 Upon accepting a satisfactory bid, the board shall enter into 17 a contract with the party or parties whose bid has been 18 accepted. The contractor shall furnish the board with a 19 performance and payment bond as set forth in s. 255.05. A 20 board or other public entity may not require a contractor to 21 secure a surety bond under s. 255.05 from a specific agent or 22 bonding company. Notwithstanding any other provision of this 23 section, if 25 percent or more of the costs of any 24 construction project is paid out of a trust fund established 25 pursuant to 31 U.S.C. s. 1243(a)(1), laborers and mechanics 26 employed by contractors or subcontractors on such construction 27 will be paid wages not less than those prevailing on similar 28 construction projects in the locality, as determined by the 29 Secretary of Labor in accordance with the Davis-Bacon Act, as 30 amended. A person, firm, or corporation that constructs any 31 part of any educational plant, or addition thereto, on the 5 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 basis of any unapproved plans or in violation of any plans 2 approved in accordance with the provisions of this chapter and 3 rules of the State Board of Education or the Board of 4 Governors relating to building standards or specifications is 5 subject to forfeiture of bond and unpaid compensation in an 6 amount sufficient to reimburse the board for any costs that 7 will need to be incurred in making any changes necessary to 8 assure that all requirements are met and is also guilty of a 9 misdemeanor of the second degree, punishable as provided in s. 10 775.082 or s. 775.083, for each separate violation. 11 Section 178. Paragraphs (a), (c), and (d) of 12 subsection (1) and subsections (2) and (3) of section 1013.52, 13 Florida Statutes, are amended to read: 14 1013.52 Cooperative development and joint use of 15 facilities by two or more boards.-- 16 (1) Two or more boards, including district school 17 boards, community college boards of trustees, the Board of 18 Trustees for the Florida School for the Deaf and the Blind, 19 and university boards of trustees, desiring to cooperatively 20 establish a common educational facility to accommodate 21 students shall: 22 (a) Jointly request a formal assessment by the 23 Commissioner of Education or the Chancellor of the State 24 University System, as appropriate, of the academic program 25 need and the need to build new joint-use facilities to house 26 approved programs. Completion of the assessment and approval 27 of the project by the State Board of Education, the Board of 28 Governors, the Chancellor of the State University System, or 29 the Commissioner of Education, as appropriate, should be done 30 prior to conducting an educational facilities survey. 31 (c) Adopt and submit to the Commissioner of Education, 6 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 and the Chancellor of the State University System if the joint 2 request involves a state university, a joint resolution of the 3 participating boards indicating their commitment to the 4 utilization of the requested facility and designating the 5 locale of the proposed facility. The joint resolution shall 6 contain a statement of determination by the participating 7 boards that alternate options, including the use of leased, 8 rented, or borrowed space, were considered and found less 9 appropriate than construction of the proposed facility. The 10 joint resolution shall contain assurance that the development 11 of the proposed facility has been examined in conjunction with 12 the programs offered by neighboring public educational 13 facilities offering instruction at the same level. The joint 14 resolution also shall contain assurance that each 15 participating board shall provide for continuity of 16 educational progression. All joint resolutions shall be 17 submitted to the commissioner by August 1 for consideration of 18 funding by the subsequent Legislature. 19 (d) Submit requests for funding of joint-use 20 facilities projects involving state universities and community 21 colleges for approval by the Commissioner of Education and the 22 Chancellor of the State University System. The Commissioner of 23 Education and the Chancellor of the State University System 24 shall jointly determine the priority for funding these 25 projects in relation to the priority of all other capital 26 outlay projects under their consideration. To be eligible for 27 funding from the Public Education Capital Outlay and Debt 28 Service Trust Fund under the provisions of this section, 29 projects involving both state universities and community 30 colleges shall appear on the 3-year capital outlay priority 31 lists of community colleges and of universities required by s. 7 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 1013.64. Projects involving a state university, community 2 college, and a public school, and in which the larger share of 3 the proposed facility is for the use of the state university 4 or the community college, shall appear on the 3-year capital 5 outlay priority lists of the community colleges or of the 6 universities, as applicable. 7 (2) An educational plant survey must be conducted 8 within 90 days after submission of the joint resolution and 9 substantiating data describing the benefits to be obtained, 10 the programs to be offered, and the estimated cost of the 11 proposed project. Upon completion of the educational plant 12 survey, the participating boards may include the recommended 13 projects in their plan as provided in s. 1013.31. Upon 14 approval of the project by the commissioner or the Chancellor 15 of the State University System, as appropriate, 25 percent of 16 the total cost of the project, or the pro rata share based on 17 space utilization of 25 percent of the cost, must be included 18 in the department's legislative capital outlay budget request 19 as provided in s. 1013.60 for educational plants. The 20 participating boards must include in their joint resolution a 21 commitment to finance the remaining funds necessary to 22 complete the planning, construction, and equipping of the 23 facility. Funds from the Public Education Capital Outlay and 24 Debt Service Trust Fund may not be expended on any project 25 unless specifically authorized by the Legislature. 26 (3) Included in all proposals for joint-use facilities 27 must be documentation that the proposed new campus or new 28 joint-use facility has been reviewed by the State Board of 29 Education or the Board of Governors, as appropriate, and has 30 been formally requested for authorization by the Legislature. 31 Section 179. Subsection (2) of section 1013.60, 8 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 Florida Statutes, is amended to read: 2 1013.60 Legislative capital outlay budget request.-- 3 (2) The commissioner shall submit to the Governor and 4 to the Legislature an integrated, comprehensive budget request 5 for educational facilities construction and fixed capital 6 outlay needs for school districts, community colleges, and 7 universities, pursuant to the provisions of s. 1013.64 and 8 applicable provisions of chapter 216. Each community college 9 board of trustees and each university board of trustees shall 10 submit to the commissioner a 3-year plan and data required in 11 the development of the annual capital outlay budget. The 12 information that is approved by the Board of Governors must be 13 submitted to the Commissioner of Education for inclusion in 14 the comprehensive budget request for educational facilities. 15 No further disbursements shall be made from the Public 16 Education Capital Outlay and Debt Service Trust Fund to a 17 board of trustees that fails to timely submit the required 18 data until such board of trustees submits the data. 19 Section 180. Paragraph (a) of subsection (4) of 20 section 1013.64, Florida Statutes, is amended to read: 21 1013.64 Funds for comprehensive educational plant 22 needs; construction cost maximums for school district capital 23 projects.--Allocations from the Public Education Capital 24 Outlay and Debt Service Trust Fund to the various boards for 25 capital outlay projects shall be determined as follows: 26 (4)(a) Community college boards of trustees and 27 university boards of trustees shall receive funds for projects 28 based on a 3-year priority list, to be updated annually, which 29 is submitted to the Legislature in the legislative budget 30 request at least 90 days prior to the legislative session. The 31 State Board of Education shall submit a 3-year priority list 9 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 for community colleges and the Board of Governors shall submit 2 a 3-year priority list for universities. The lists shall 3 reflect decisions by the State Board of Education for 4 community colleges and the Board of Governors for state 5 universities concerning program priorities that implement the 6 statewide plan for program growth and quality improvement in 7 education. No remodeling or renovation project shall be 8 included on the 3-year priority list unless the project has 9 been recommended pursuant to s. 1013.31 or is for the purpose 10 of correcting health and safety deficiencies. No new 11 construction project shall be included on the first year of 12 the 3-year priority list unless the educational specifications 13 have been approved by the commissioner for a community college 14 project or by the Board of Governors for a university project, 15 as applicable. The funds requested for a new construction 16 project in the first year of the 3-year priority list shall be 17 in conformance with the scope of the project as defined in the 18 educational specifications. Any new construction project 19 requested in the first year of the 3-year priority list which 20 is not funded by the Legislature shall be carried forward to 21 be listed first in developing the updated 3-year priority list 22 for the subsequent year's capital outlay budget. Should the 23 order of the priority of the projects change from year to 24 year, a justification for such change shall be included with 25 the updated priority list. 26 Section 181. Subsection (1) of section 1013.65, 27 Florida Statutes, is amended to read: 28 1013.65 Educational and ancillary plant construction 29 funds; Public Education Capital Outlay and Debt Service Trust 30 Fund; allocation of funds.-- 31 (1) The commissioner, through the department, shall 10 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 administer the Public Education Capital Outlay and Debt 2 Service Trust Fund. The commissioner shall allocate or 3 reallocate funds as authorized by the Legislature. Copies of 4 each allocation or reallocation shall be provided to members 5 of the State Board of Education and the Board of Governors and 6 to the chairs of the House of Representatives and Senate 7 appropriations committees. The commissioner shall provide for 8 timely encumbrances of funds for duly authorized projects. 9 Encumbrances may include proceeds to be received under a 10 resolution approved by the State Board of Education 11 authorizing the issuance of public education capital outlay 12 bonds pursuant to s. 9(a)(2), Art. XII of the State 13 Constitution, s. 215.61, and other applicable law. The 14 commissioner shall provide for the timely disbursement of 15 moneys necessary to meet the encumbrance authorizations of the 16 boards. Records shall be maintained by the department to 17 identify legislative appropriations, allocations, encumbrance 18 authorizations, disbursements, transfers, investments, sinking 19 funds, and revenue receipts by source. The Department of 20 Education shall pay the administrative costs of the Public 21 Education Capital Outlay and Debt Service Trust Fund from the 22 funds which comprise the trust fund. 23 Section 182. Paragraph (c) of subsection (2) and 24 subsection (3) of section 1013.74, Florida Statutes, are 25 amended, and subsection (5) is added to that section, to read: 26 1013.74 University authorization for fixed capital 27 outlay projects.-- 28 (2) The following types of projects may be 29 accomplished pursuant to this section: 30 (c) Construction of projects financed as provided in 31 s. 1010.62 ss. 1010.60-1010.619 or 1013.71; 11 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 (3) Other than those projects currently authorized, no 2 project proposed by a university which is to be funded from 3 Capital Improvement Trust Fund fees or building fees shall be 4 submitted to the Board of Governors State Board of Education 5 for approval without prior consultation with the student 6 government association of that university. The Board of 7 Governors may adopt State Board of Education shall promulgate 8 rules which are consistent with this requirement. 9 (5) Projects accomplished pursuant to this section are 10 subject to the requirements of s. 1010.62. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page 21, line 30, through 16 page 22, line 9, delete those lines 17 18 and insert: 19 request information approved by the Board of 20 Governors be submitted to the Commissioner of 21 Education; amending s. 1013.64, F.S.; requiring 22 the Board of Governors to submit a 3-year 23 priority list for capital outlay projects for 24 the universities; transferring responsibilities 25 for state university funds for comprehensive 26 educational plant needs from the State Board of 27 Education to the Board of Governors; amending 28 s. 1013.65, F.S.; requiring copies of capital 29 outlay allocations to be provided to the Board 30 of Governors; amending s. 1013.74, F.S.; 31 deleting a cross-reference; transferring 12 3:43 PM 04/03/07 s1270c1c-hi14-r7g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1270 Barcode 732624 1 responsibilities relating to state 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 13 3:43 PM 04/03/07 s1270c1c-hi14-r7g