Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1270
Barcode 732624
CHAMBER ACTION
Senate House
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11 The Committee on Higher Education Appropriations (Oelrich)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 247, line 12, through
16 page, 258, line 2, delete those lines
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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
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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
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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
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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
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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,
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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.
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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,
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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
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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
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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;
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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.
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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
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1270
Barcode 732624
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