Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1276
161382
Senate
Comm: RCS
2/20/2008
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House
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The Committee on Education Pre-K - 12 (Wise) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Between line(s) 18 and 19
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insert:
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Section 2. Paragraph (a) of subsection (2) of section
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1013.64, Florida Statutes, is amended to read:
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1013.64 Funds for comprehensive educational plant needs;
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construction cost maximums for school district capital
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projects.--Allocations from the Public Education Capital Outlay
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and Debt Service Trust Fund to the various boards for capital
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outlay projects shall be determined as follows:
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(2)(a) The department shall establish, as a part of the
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Public Education Capital Outlay and Debt Service Trust Fund, a
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separate account, in an amount determined by the Legislature, to
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be known as the "Special Facility Construction Account." The
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Special Facility Construction Account shall be used to provide
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necessary construction funds to school districts which have
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urgent construction needs but which lack sufficient resources at
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present, and cannot reasonably anticipate sufficient resources
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within the period of the next 3 years, for these purposes from
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currently authorized sources of capital outlay revenue. A school
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district requesting funding from the Special Facility
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Construction Account shall submit one specific construction
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project, not to exceed one complete educational plant, to the
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Special Facility Construction Committee. No district shall
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receive funding for more than one approved project in any 3-year
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period. The first year of the 3-year period shall be the first
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year a district receives an appropriation. The department shall
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encourage a construction program that reduces the average size
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of schools in the district. The request must meet the following
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criteria to be considered by the committee:
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1. The project must be deemed a critical need and must be
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recommended for funding by the Special Facility Construction
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Committee. Prior to developing plans for the proposed facility,
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the district school board must request a preapplication review
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by the Special Facility Construction Committee or a project
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review subcommittee convened by the committee to include two
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representatives of the department and two staff from school
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districts not eligible to participate in the program. Within 60
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days after receiving the preapplication review request, the
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committee or subcommittee must meet in the school district to
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review the project proposal and existing facilities. To
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determine whether the proposed project is a critical need, the
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committee or subcommittee shall consider, at a minimum, the
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capacity of all existing facilities within the district as
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determined by the Florida Inventory of School Houses; the
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district's pattern of student growth; the district's existing
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and projected capital outlay full-time equivalent student
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enrollment as determined by the department; the district's
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existing satisfactory student stations; the use of all existing
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district property and facilities; grade level configurations;
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and any other information that may affect the need for the
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proposed project.
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2. The construction project must be recommended in the
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most recent survey or surveys conducted and approved by the
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Office of Educational Facilities with the assistance of by the
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district under the rules of the State Board of Education.
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3. The construction project must appear on the district's
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approved project priority list under the rules of the State
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Board of Education.
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4. The district must have selected and had approved a site
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for the construction project in compliance with s. 1013.36 and
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the rules of the State Board of Education.
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5. With the assistance of the Office of Educational
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Facilities, the district shall have developed a district school
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board adopted list of facilities that do not exceed the norm for
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net square feet occupancy requirements under the State
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Requirements for Educational Facilities, using all possible
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programmatic combinations for multiple use of space to obtain
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maximum daily use of all spaces within the facility under
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consideration.
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6. Upon construction, the total cost per student station,
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including change orders, must not exceed the cost per student
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station as provided in subsection (6). The total project may not
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exceed the cost estimate approved by the Special Facility
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Construction Committee, and additional funding may not be
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awarded except for providential causes.
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7. There shall be an agreement signed by the district
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school board stating that it will advertise for bids within 30
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days of receipt of its encumbrance authorization from the
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department.
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8. The district shall, at the time of the request and for
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a continuing period of 3 years, levy the maximum millage against
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their nonexempt assessed property value as allowed in s.
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1011.71(2) or shall raise an equivalent amount of revenue from
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the school capital outlay surtax authorized under s. 212.055(6).
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Any district with a new or active project, funded under the
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provisions of this subsection, shall be required to budget no
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more than the value of 1.5 mills per year to the project to
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satisfy the annual participation requirement in the Special
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Facility Construction Account.
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9. If a contract has not been signed 90 days after the
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advertising of bids, the funding for the specific project shall
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revert to the Special Facility New Construction Account to be
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reallocated to other projects on the list. However, an
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additional 90 days may be granted by the commissioner.
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10. The department shall certify the inability of the
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district to fund the survey-recommended project over a
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continuous 3-year period using projected capital outlay revenue
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derived from s. 9(d), Art. XII of the State Constitution, as
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amended, paragraph (3)(a) of this section, and s. 1011.71(2).
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11. The district shall have on file with the department an
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adopted resolution acknowledging its 3-year commitment of all
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unencumbered and future revenue acquired from s. 9(d), Art. XII
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of the State Constitution, as amended, paragraph (3)(a) of this
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section, and s. 1011.71(2).
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12. Final phase III plans must be certified by the board
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as complete and in compliance with the building and life safety
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codes, and reviewed and approved by the Office of Educational
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Facilities, prior to August 1.
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(Renumber subsequent section.)
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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On line(s) 4, after the semicolon,
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insert:
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amending s. 1013.64, F.S.; providing duties of the Office
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of Educational Facilities with respect to approving school
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district construction projects and assisting districts in
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developing lists of proposed facilities; limiting total
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project costs except for providential causes;
2/15/2008 5:04:00 PM 581-04086-08
CODING: Words stricken are deletions; words underlined are additions.