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A bill to be entitled

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An act relating to educational facilities construction;

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amending s. 1013.45, F.S.; increasing the maximum

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authorized amount of a day-labor contract to $300,000;

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providing for such amount to be adjusted annually;

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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; providing an

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effective date.

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

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     Section 1.  Paragraph (e) of subsection (1) of section

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1013.45, Florida Statutes, is amended to read:

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     1013.45  Educational facilities contracting and construction

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techniques.--

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     (1)  Boards may employ procedures to contract for

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construction of new facilities, or major additions to existing

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facilities, that will include, but not be limited to:

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     (e) Day-labor contracts not exceeding $300,000 $200,000 for

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construction, renovation, remodeling, or maintenance of existing

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facilities. Beginning January 2009, this amount shall be adjusted

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annually based upon changes in the Consumer Price Index.

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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 projects.-

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-Allocations from the Public Education Capital Outlay and Debt

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Service Trust Fund to the various boards for capital outlay

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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 of

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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 by

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the Special Facility Construction Committee or a project review

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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 determine

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whether the proposed project is a critical need, the committee or

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subcommittee shall consider, at a minimum, the capacity of all

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existing facilities within the district as determined by the

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Florida Inventory of School Houses; the district's pattern of

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student growth; the district's existing and projected capital

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outlay full-time equivalent student enrollment as determined by

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the department; the district's existing satisfactory student

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stations; the use of all existing district property and

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facilities; grade level configurations; and any other information

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that may affect the need for the proposed project.

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     2.  The construction project must be recommended in the most

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recent survey or surveys conducted and approved by the Office of

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Educational Facilities with the assistance of by the district

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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 Board

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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 awarded

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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 a

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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 additional

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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 continuous

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3-year period using projected capital outlay revenue derived from

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

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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 as

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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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     Section 3.  This act shall take effect July 1, 2008.