Florida Senate - 2012                                    SB 1798
       By Senator Montford
       6-01204A-12                                           20121798__
    1                        A bill to be entitled                      
    2         An act relating to public education; amending s.
    3         120.74, F.S.; defining the term “agency” for purposes
    4         of exempting school districts from reviewing rules and
    5         making certain reports; conforming cross-references;
    6         amending ss. 120.745 and 200.065, F.S.; conforming
    7         cross-references; repealing s. 403.7032(3), F.S.,
    8         relating to recycling; deleting a reporting
    9         requirement; amending s. 1002.20, F.S.; conforming a
   10         cross-reference; repealing s. 1002.23(6), F.S.,
   11         relating to the Family and School Partnership for
   12         Student Achievement Act; deleting a provision that
   13         requires each school district to submit a copy of
   14         rules to the Department of Education by a specified
   15         date; repealing s. 1002.31(6), F.S., relating to
   16         public school parental choice; deleting a provision
   17         that requires a school district to submit a controlled
   18         open enrollment plan to the Commissioner of Education;
   19         deleting reporting requirements for the commissioner;
   20         amending s. 1002.37, F.S.; requiring that full-time
   21         equivalent student credit completed through the
   22         Florida Virtual School’s franchises and school
   23         district virtual instruction schools and programs be
   24         reported to the Department of Education and be funded
   25         through the Florida Education Finance Program;
   26         repealing s. 1003.4285, F.S., relating to standard
   27         high school diploma designations; amending s.
   28         1003.453, F.S.; deleting a provision that requires
   29         each school district to send an updated copy of its
   30         wellness policy and physical education policy to the
   31         Department of Education when a change or revision is
   32         made; repealing s. 1003.53(3), F.S., relating to
   33         dropout prevention and academic intervention; deleting
   34         provisions that require each school district receiving
   35         state funding for dropout prevention and intervention
   36         programs to submit an annual report to the Department
   37         of Education; repealing s. 1003.61, F.S., relating to
   38         the pilot attendance project; amending s. 1003.621,
   39         F.S.; conforming a cross-reference; repealing s.
   40         1006.02, F.S., relating to the provision of
   41         information to students and parents regarding school
   42         to-work transition; repealing s. 1006.025, F.S.,
   43         relating to guidance services; repealing s.
   44         1006.07(6), F.S., relating to the duties of district
   45         school boards regarding student discipline and school
   46         safety; deleting provisions that require each school
   47         district to use the Safety and Security Best Practices
   48         developed by the Office of Program Policy Analysis and
   49         Government Accountability to conduct a self-assessment
   50         and to report the findings of the self-assessment to
   51         the Commissioner of Education; amending s. 1011.61,
   52         F.S.; providing that students who are enrolled in the
   53         Florida Virtual School’s franchises and school
   54         district virtual instruction schools and programs for
   55         a specified period are full-time equivalent students
   56         for funding purposes; amending s. 1011.62, F.S.;
   57         deleting provisions relating to the research-based
   58         reading instruction allocation for school districts;
   59         amending s. 1011.68, F.S.; requiring that the student
   60         transportation funding formula be modified when
   61         applied to a school district that has a 4-day
   62         instructional week; amending s. 1011.71, F.S.;
   63         authorizing a district school board to levy more than
   64         1.5 mills against the taxable value for school
   65         purposes for district schools; authorizing each
   66         district school board to use such millage to fund the
   67         purchase, lease-purchase, or lease of hardware or
   68         software for certain purposes; authorizing a district
   69         school board, upon a super majority vote, to levy an
   70         additional 0.25 mills for critical capital outlay
   71         needs or critical operating needs; conforming cross
   72         references; amending s. 1013.15, F.S.; conforming a
   73         cross-reference; amending s. 1013.20, F.S.; revising
   74         provisions relating to the standards for relocatables
   75         used as classroom space; deleting a provision that
   76         requires certain relocatables to be accessible by
   77         adequate covered walkways; amending s. 1013.37, F.S.;
   78         revising provisions relating to the state uniform
   79         building code for public educational facilities
   80         construction; providing an effective date.
   82  Be It Enacted by the Legislature of the State of Florida:
   84         Section 1. Present subsections (1) through (4) of section
   85  120.74, Florida Statutes, are redesignated as subsections (2)
   86  through (5), respectively, a new subsection (1) is added to that
   87  section, and present subsection (4) of that section is amended,
   88  to read:
   89         120.74 Agency review, revision, and report.—
   90         (1) As used in this section, the term “agency” has the same
   91  meaning as provided in s. 120.745(1)(a).
   92         (5)(4) For the year 2011, the certification required in
   93  subsection (3) (2) may omit any information included in the
   94  reports provided under s. 120.745. Reporting under subsections
   95  (2) (1) and (3) (2) shall be suspended for the year 2013, but
   96  required reporting under those subsections shall resume in 2015
   97  and biennially thereafter.
   98         Section 2. Paragraph (a) of subsection (2) and paragraphs
   99  (a) and (b) of subsection (9) of section 120.745, Florida
  100  Statutes, are amended to read:
  101         120.745 Legislative review of agency rules in effect on or
  102  before November 16, 2010.—
  103         (2) ENHANCED BIENNIAL REVIEW.—By December 1, 2011, each
  104  agency shall complete an enhanced biennial review of the
  105  agency’s existing rules, which shall include, but is not limited
  106  to:
  107         (a) Conduct of the review and submission of the report
  108  required by s. 120.74 and an explanation of how the agency has
  109  accomplished the requirements of s. 120.74(2) 120.74(1). This
  110  paragraph extends the October 1 deadline provided in s.
  111  120.74(3) 120.74(2) for the year 2011.
  114         (a) An agency is exempt from subsections (1)-(8) if it has
  115  cooperated or cooperates with OFARR in a review of the agency’s
  116  rules in a manner consistent with Executive Order 2011-01, or
  117  any alternative review directed by OFARR; if the agency or OFARR
  118  identifies each data collection rule and each revenue rule; and
  119  if the information developed thereby becomes publicly available
  120  on the Internet by December 1, 2011. Each such agency is exempt
  121  from the biennial review required in s. 120.74(3) 120.74(2) for
  122  the year 2011.
  123         (b) For each rule reviewed under this subsection, OFARR may
  124  identify whether the rule imposes a significant regulatory cost
  125  or economic impact and shall schedule and obtain or direct a
  126  reasonable economic estimate of such cost and impact for each
  127  rule so identified. A report on each such estimate shall be
  128  published on the Internet by December 31, 2013. On or before
  129  October 1, 2013, the agency head shall certify in writing to the
  130  committee that the agency has completed each economic estimate
  131  required under this paragraph, and thereupon the agency is
  132  exempt from the biennial review required in s. 120.74(3)
  133  120.74(2) for the year 2013.
  134         Section 3. Paragraph (a) of subsection (10) of section
  135  200.065, Florida Statutes, is amended to read:
  136         200.065 Method of fixing millage.—
  137         (10)(a) In addition to the notice required in subsection
  138  (3), a district school board shall publish a second notice of
  139  intent to levy additional taxes under s. 1011.71(2). Such notice
  140  shall specify the projects or number of school buses anticipated
  141  to be funded by such additional taxes and shall be published in
  142  the size, within the time periods, adjacent to, and in
  143  substantial conformity with the advertisement required under
  144  subsection (3). The projects shall be listed in priority within
  145  each category as follows: construction and remodeling;
  146  maintenance, renovation, and repair; motor vehicle purchases;
  147  new and replacement equipment; payments for educational
  148  facilities and sites due under a lease-purchase agreement;
  149  payments for renting and leasing educational facilities and
  150  sites; payments of loans approved pursuant to ss. 1011.14 and
  151  1011.15; payment of costs of compliance with environmental
  152  statutes and regulations; payment of premiums for property and
  153  casualty insurance necessary to insure the educational and
  154  ancillary plants of the school district; payment of costs of
  155  leasing relocatable educational facilities; and payments to
  156  private entities to offset the cost of school buses pursuant to
  157  s. 1011.71(2)(j) 1011.71(2)(i). The additional notice shall be
  158  in the following form, except that if the district school board
  159  is proposing to levy the same millage under s. 1011.71(2) which
  160  it levied in the prior year, the words “continue to” shall be
  161  inserted before the word “impose” in the first sentence, and
  162  except that the second sentence of the second paragraph shall be
  163  deleted if the district is advertising pursuant to paragraph
  164  (3)(e):
  166                      NOTICE OF TAX FOR SCHOOL                     
  167                           CAPITAL OUTLAY                          
  169         The ...(name of school district)... will soon consider a
  170  measure to impose a ...(number)... mill property tax for the
  171  capital outlay projects listed herein.
  172         This tax is in addition to the school board’s proposed tax
  173  of ...(number)... mills for operating expenses and is proposed
  174  solely at the discretion of the school board. THE PROPOSED
  177         The capital outlay tax will generate approximately
  178  $...(amount)..., to be used for the following projects:
  180               ...(list of capital outlay projects)...             
  182         All concerned citizens are invited to a public hearing to
  183  be held on ...(date and time)... at ...(meeting place)....
  184         A DECISION on the proposed CAPITAL OUTLAY TAXES will be
  185  made at this hearing.
  186         Section 4. Subsection (3) of section 403.7032, Florida
  187  Statutes, is repealed.
  188         Section 5. Paragraph (d) of subsection (2) of section
  189  1002.20, Florida Statutes, is amended to read:
  190         1002.20 K-12 student and parent rights.—Parents of public
  191  school students must receive accurate and timely information
  192  regarding their child’s academic progress and must be informed
  193  of ways they can help their child to succeed in school. K-12
  194  students and their parents are afforded numerous statutory
  195  rights including, but not limited to, the following:
  196         (2) ATTENDANCE.—
  197         (d) Dropout prevention and academic intervention programs.
  198  The parent of a public school student has the right to receive
  199  written notice by certified mail before prior to placement of
  200  the student in a dropout prevention and academic intervention
  201  program and shall be notified in writing and entitled to an
  202  administrative review of any action by school personnel relating
  203  to the student’s placement, in accordance with the provisions of
  204  s. 1003.53(4) 1003.53(5).
  205         Section 6. Subsection (6) of section 1002.23, Florida
  206  Statutes, is repealed.
  207         Section 7. Subsection (6) of section 1002.31, Florida
  208  Statutes, is repealed.
  209         Section 8. Paragraph (b) of subsection (3) of section
  210  1002.37, Florida Statutes, is amended to read:
  211         1002.37 The Florida Virtual School.—
  212         (3) Funding for the Florida Virtual School shall be
  213  provided as follows:
  214         (b) Full-time equivalent student credit completed through
  215  the Florida Virtual School and its franchises and school
  216  district virtual instruction schools and programs, including
  217  credits completed during the summer, shall be reported to the
  218  Department of Education in the manner prescribed by the
  219  department and shall be funded through the Florida Education
  220  Finance Program.
  221         Section 9. Section 1003.4285, Florida Statutes, is
  222  repealed.
  223         Section 10. Subsection (1) of section 1003.453, Florida
  224  Statutes, is amended to read:
  225         1003.453 School wellness and physical education policies;
  226  nutrition guidelines.—
  227         (1) By September 1, 2006, each school district shall submit
  228  to the Department of Education a copy of its school wellness
  229  policy as required by the Child Nutrition and WIC
  230  Reauthorization Act of 2004 and a copy of its physical education
  231  policy required under s. 1003.455. Each school district shall
  232  annually review its school wellness policy and physical
  233  education policy and provide a procedure for public input and
  234  revisions. In addition, each school district shall send an
  235  updated copy of its wellness policy and physical education
  236  policy to the department when a change or revision is made.
  237         Section 11. Subsection (3) of section 1003.53, Florida
  238  Statutes, is repealed.
  239         Section 12. Section 1003.61, Florida Statutes, is repealed.
  240         Section 13. Paragraph (g) of subsection (2) of section
  241  1003.621, Florida Statutes, is amended to read:
  242         1003.621 Academically high-performing school districts.—It
  243  is the intent of the Legislature to recognize and reward school
  244  districts that demonstrate the ability to consistently maintain
  245  or improve their high-performing status. The purpose of this
  246  section is to provide high-performing school districts with
  247  flexibility in meeting the specific requirements in statute and
  248  rules of the State Board of Education.
  249         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  250  high-performing school district shall comply with all of the
  251  provisions in chapters 1000-1013, and rules of the State Board
  252  of Education which implement these provisions, pertaining to the
  253  following:
  254         (g) Those statutes pertaining to planning and budgeting,
  255  including chapter 1011, except s. 1011.62(9)(d), relating to the
  256  requirement for a comprehensive reading plan. A district that is
  257  exempt from submitting this plan shall be deemed approved to
  258  receive the research-based reading instruction allocation.
  259         Section 14. Section 1006.02, Florida Statutes, is repealed.
  260         Section 15. Section 1006.025, Florida Statutes, is
  261  repealed.
  262         Section 16. Subsection (6) of section 1006.07, Florida
  263  Statutes, is repealed.
  264         Section 17. Paragraph (c) of subsection (1) of section
  265  1011.61, Florida Statutes, is amended to read:
  266         1011.61 Definitions.—Notwithstanding the provisions of s.
  267  1000.21, the following terms are defined as follows for the
  268  purposes of the Florida Education Finance Program:
  269         (1) A “full-time equivalent student” in each program of the
  270  district is defined in terms of full-time students and part-time
  271  students as follows:
  272         (c)1. A “full-time equivalent student” is:
  273         a. A full-time student in any one of the programs listed in
  274  s. 1011.62(1)(c); or
  275         b. A combination of full-time or part-time students in any
  276  one of the programs listed in s. 1011.62(1)(c) which is the
  277  equivalent of one full-time student based on the following
  278  calculations:
  279         (I) A full-time student in a combination of programs listed
  280  in s. 1011.62(1)(c) shall be a fraction of a full-time
  281  equivalent membership in each special program equal to the
  282  number of net hours per school year for which he or she is a
  283  member, divided by the appropriate number of hours set forth in
  284  subparagraph (a)1. or subparagraph (a)2. The difference between
  285  that fraction or sum of fractions and the maximum value as set
  286  forth in subsection (4) for each full-time student is presumed
  287  to be the balance of the student’s time not spent in such
  288  special education programs and shall be recorded as time in the
  289  appropriate basic program.
  290         (II) A prekindergarten handicapped student shall meet the
  291  requirements specified for kindergarten students.
  292         (III) A full-time equivalent student for students in
  293  kindergarten through grade 5 in a virtual instruction program
  294  under s. 1002.45 or a virtual charter school under s. 1002.33
  295  shall consist of a student who has successfully completed a
  296  basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
  297  promoted to a higher grade level.
  298         (IV) A full-time equivalent student for students in grades
  299  6 through 12 in a virtual instruction program under s.
  300  1002.45(1)(b)1., 2., or 3. or a virtual charter school under s.
  301  1002.33 shall consist of six full credit completions in programs
  302  listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
  303  may be a combination of full-credit courses or half-credit
  304  courses. Beginning in the 2014-2015 fiscal year, when s.
  305  1008.22(3)(g) is implemented, the reported full-time equivalent
  306  students and associated funding of students enrolled in courses
  307  requiring passage of an end-of-course assessment shall be
  308  adjusted after the student completes the end-of-course
  309  assessment.
  310         (V) A Florida Virtual School full-time equivalent student
  311  shall consist of six full credit completions or the prescribed
  312  level of content that counts toward promotion to the next grade
  313  in the programs listed in s. 1011.62(1)(c)1.a. and b. for
  314  kindergarten through grade 8 and the programs listed in s.
  315  1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
  316  may be a combination of full-credit courses or half-credit
  317  courses. Beginning in the 2014-2015 fiscal year, when s.
  318  1008.22(3)(g) is implemented, the reported full-time equivalent
  319  students and associated funding of students enrolled in courses
  320  requiring passage of an end-of-course assessment shall be
  321  adjusted after the student completes the end-of-course
  322  assessment.
  323         (VI) Each successfully completed full-credit course earned
  324  through an online course delivered by a district other than the
  325  one in which the student resides shall be calculated as 1/6 FTE.
  326         (VII) Each successfully completed credit earned under the
  327  alternative high school course credit requirements authorized in
  328  s. 1002.375, which is not reported as a portion of the 900 net
  329  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  330  calculated as 1/6 FTE.
  331         2. A student in membership in a program scheduled for more
  332  or less than 180 school days or the equivalent on an hourly
  333  basis as specified by rules of the State Board of Education is a
  334  fraction of a full-time equivalent membership equal to the
  335  number of instructional hours in membership divided by the
  336  appropriate number of hours set forth in subparagraph (a)1.;
  337  however, for the purposes of this subparagraph, membership in
  338  programs scheduled for more than 180 days is limited to students
  339  enrolled in juvenile justice education programs, and the Florida
  340  Virtual School and its franchises, and school district virtual
  341  instruction schools and programs.
  343  The department shall determine and implement an equitable method
  344  of equivalent funding for experimental schools and for schools
  345  operating under emergency conditions, which schools have been
  346  approved by the department to operate for less than the minimum
  347  school day.
  348         Section 18. Paragraph (d) of subsection (6) and paragraphs
  349  (c) and (d) of subsection (9) of section 1011.62, Florida
  350  Statutes, are amended to read:
  351         1011.62 Funds for operation of schools.—If the annual
  352  allocation from the Florida Education Finance Program to each
  353  district for operation of schools is not determined in the
  354  annual appropriations act or the substantive bill implementing
  355  the annual appropriations act, it shall be determined as
  356  follows:
  357         (6) CATEGORICAL FUNDS.—
  358         (d) If a district school board transfers funds from its
  359  research-based reading instruction allocation, the board must
  360  also submit to the Department of Education an amendment
  361  describing the changes that the district is making to its
  362  reading plan approved pursuant to paragraph (9)(d).
  364         (c) Funds allocated under this subsection must be used to
  365  provide a system of comprehensive reading instruction to
  366  students enrolled in the K-12 programs, which may include the
  367  following:
  368         1. The provision of highly qualified reading coaches.
  369         2. Professional development for school district teachers in
  370  scientifically based reading instruction, including strategies
  371  to teach reading in content areas and with an emphasis on
  372  technical and informational text.
  373         3. The provision of summer reading camps for students who
  374  score at Level 1 on FCAT Reading.
  375         4. The provision of supplemental instructional materials
  376  that are grounded in scientifically based reading research.
  377         5. The provision of intensive interventions for middle and
  378  high school students reading below grade level.
  379         (d) Annually, by a date determined by the Department of
  380  Education but before May 1, school districts shall submit a K-12
  381  comprehensive reading plan for the specific use of the research
  382  based reading instruction allocation in the format prescribed by
  383  the department for review and approval by the Just Read,
  384  Florida! Office created pursuant to s. 1001.215. The plan
  385  annually submitted by school districts shall be deemed approved
  386  unless the department rejects the plan on or before June 1. If a
  387  school district and the Just Read, Florida! Office cannot reach
  388  agreement on the contents of the plan, the school district may
  389  appeal to the State Board of Education for resolution. School
  390  districts shall be allowed reasonable flexibility in designing
  391  their plans and shall be encouraged to offer reading remediation
  392  through innovative methods, including career academies. The plan
  393  format shall be developed with input from school district
  394  personnel, including teachers and principals, and shall allow
  395  courses in core, career, and alternative programs that deliver
  396  intensive reading remediation through integrated curricula,
  397  provided that the teacher is deemed highly qualified to teach
  398  reading or working toward that status. No later than July 1
  399  annually, the department shall release the school district’s
  400  allocation of appropriated funds to those districts having
  401  approved plans. A school district that spends 100 percent of
  402  this allocation on its approved plan shall be deemed to have
  403  been in compliance with the plan. The department may withhold
  404  funds upon a determination that reading instruction allocation
  405  funds are not being used to implement the approved plan.
  406         Section 19. Subsection (7) is added to section 1011.68,
  407  Florida Statutes, to read:
  408         1011.68 Funds for student transportation.—The annual
  409  allocation to each district for transportation to public school
  410  programs, including charter schools as provided in s.
  411  1002.33(17)(b), of students in membership in kindergarten
  412  through grade 12 and in migrant and exceptional student programs
  413  below kindergarten shall be determined as follows:
  414         (7) The student transportation formula provided in
  415  subsection (2) shall be modified when applied to a school
  416  district that implements a 4-day instructional week.
  417         Section 20. Subsections (2), (3), (4), and (5) of section
  418  1011.71, Florida Statutes, are amended to read:
  419         1011.71 District school tax.—
  420         (2) In addition to the maximum millage levy as provided in
  421  subsection (1), each school board may levy not more than 1.5
  422  mills against the taxable value for school purposes for district
  423  schools, including charter schools at the discretion of the
  424  school board, to fund:
  425         (a) New construction and remodeling projects, as set forth
  426  in s. 1013.64(3)(b) and (6)(b) and included in the district’s
  427  educational plant survey pursuant to s. 1013.31, without regard
  428  to prioritization, sites and site improvement or expansion to
  429  new sites, existing sites, auxiliary facilities, athletic
  430  facilities, or ancillary facilities.
  431         (b) Maintenance, renovation, and repair of existing school
  432  plants or of leased facilities to correct deficiencies pursuant
  433  to s. 1013.15(2).
  434         (c) The purchase, lease-purchase, or lease of school buses.
  435         (d) The purchase, lease-purchase, or lease of new and
  436  replacement equipment; computer hardware, including electronic
  437  hardware and other hardware devices necessary for gaining access
  438  to or enhancing the use of electronic content and resources or
  439  to facilitate the access to and the use of a school district’s
  440  electronic learning management system pursuant to s. 1006.281,
  441  excluding software other than the operating system necessary to
  442  operate the hardware or device; and enterprise resource software
  443  applications that are classified as capital assets in accordance
  444  with definitions of the Governmental Accounting Standards Board,
  445  have a useful life of at least 5 years, and are used to support
  446  districtwide administration or state-mandated reporting
  447  requirements.
  448         (e) The purchase, lease-purchase, or lease of new and
  449  replacement hardware and software required to operate a computer
  450  or digital instructional device to meet state and district
  451  assessment, reporting, and instructional requirements.
  452         (f)(e) Payments for educational facilities and sites due
  453  under a lease-purchase agreement entered into by a district
  454  school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
  455  exceeding, in the aggregate, an amount equal to three-fourths of
  456  the proceeds from the millage levied by a district school board
  457  pursuant to this subsection. For the 2009-2010 fiscal year, the
  458  three-fourths limit is waived for lease-purchase agreements
  459  entered into before June 30, 2009, by a district school board
  460  pursuant to this paragraph.
  461         (g)(f) Payment of loans approved pursuant to ss. 1011.14
  462  and 1011.15.
  463         (h)(g) Payment of costs directly related to complying with
  464  state and federal environmental statutes, rules, and regulations
  465  governing school facilities.
  466         (i)(h) Payment of costs of leasing relocatable educational
  467  facilities, of renting or leasing educational facilities and
  468  sites pursuant to s. 1013.15(2), or of renting or leasing
  469  buildings or space within existing buildings pursuant to s.
  470  1013.15(4).
  471         (j)(i) Payment of the cost of school buses when a school
  472  district contracts with a private entity to provide student
  473  transportation services if the district meets the requirements
  474  of this paragraph.
  475         1. The district’s contract must require that the private
  476  entity purchase, lease-purchase, or lease, and operate and
  477  maintain, one or more school buses of a specific type and size
  478  that meet the requirements of s. 1006.25.
  479         2. Each such school bus must be used for the daily
  480  transportation of public school students in the manner required
  481  by the school district.
  482         3. Annual payment for each such school bus may not exceed
  483  10 percent of the purchase price of the state pool bid.
  484         4. The proposed expenditure of the funds for this purpose
  485  must have been included in the district school board’s notice of
  486  proposed tax for school capital outlay as provided in s.
  487  200.065(10).
  488         (k)(j) Payment of the cost of the opening day collection
  489  for the library media center of a new school.
  490         (3)(a) Notwithstanding subsection (2), if the revenue from
  491  1.5 mills is insufficient to meet the payments due under a
  492  lease-purchase agreement entered into before June 30, 2009, by a
  493  district school board pursuant to paragraph (2)(f) (2)(e), or to
  494  meet other critical district fixed capital outlay needs, the
  495  board, in addition to the 1.5 mills, may levy up to 0.25 mills
  496  for fixed capital outlay in lieu of levying an equivalent amount
  497  of the discretionary mills for operations as provided in the
  498  General Appropriations Act. Millage levied pursuant to this
  499  subsection is subject to the provisions of s. 200.065 and,
  500  combined with the 1.5 mills authorized in subsection (2), may
  501  not exceed 1.75 mills. If the district chooses to use up to 0.25
  502  mills for fixed capital outlay, the compression adjustment
  503  pursuant to s. 1011.62(5) shall be calculated for the standard
  504  discretionary millage that is not eligible for transfer to
  505  capital outlay.
  506         (b) Local funds generated by the additional 0.25 mills
  507  authorized in paragraph (b) and state funds provided pursuant to
  508  s. 1011.62(5) may not be included in the calculation of the
  509  Florida Education Finance Program in 2011-2012 or any subsequent
  510  year and may not be incorporated in the calculation of any hold
  511  harmless or other component of the Florida Education Finance
  512  Program in any year, except as provided in paragraph (d).
  513         (c) For the 2011-2012 and 2012-2013 fiscal years, the 0.25
  514  mills authorized in paragraph (b) may be levied by the districts
  515  in which it was authorized by the voters in the 2010 general
  516  election. If a district levies this voter-approved 0.25 mills
  517  for operations, a compression adjustment pursuant to s.
  518  1011.62(5) may be calculated and added to the district’s Florida
  519  Education Finance Program allocation, subject to determination
  520  in the General Appropriations Act.
  521         (d) In addition to the millage authorized in this section,
  522  each district school board may, upon a super majority vote, levy
  523  an additional 0.25 mills for critical capital outlay needs or
  524  for critical operating needs. If levied for capital outlay,
  525  expenditures are subject to the requirements of this section. If
  526  levied for operations, expenditures must be consistent with the
  527  requirements for operating funds received pursuant to s.
  528  1011.62. If the district levies the additional 0.25 mills for
  529  operations, the compression adjustment pursuant to s. 1011.62(5)
  530  shall be calculated and added to the district’s FEFP allocation.
  531  Millage levied pursuant to this paragraph is subject to the
  532  provisions of s. 200.065. Those districts that levy 0.25 mills
  533  by a super majority vote after approval in a voter referendum
  534  may not levy an additional 0.25 mills under this paragraph in
  535  the 2012-2013 fiscal year.
  536         (4) If the revenue from the millage authorized in
  537  subsection (2) is insufficient to make payments due under a
  538  lease-purchase agreement entered into prior to June 30, 2008, by
  539  a district school board pursuant to paragraph (2)(f) (2)(e), an
  540  amount up to 0.5 mills of the taxable value for school purposes
  541  within the school district shall be legally available for such
  542  payments, notwithstanding other restrictions on the use of such
  543  revenues imposed by law.
  544         (5) Effective July 1, 2008, a school district may expend,
  545  subject to the provisions of s. 200.065, up to $100 per
  546  unweighted full-time equivalent student from the revenue
  547  generated by the millage levy authorized by subsection (2) to
  548  fund, in addition to expenditures authorized in paragraphs
  549  (2)(a)-(k) (2)(a)-(j), expenses for the following:
  550         (a) The purchase, lease-purchase, or lease of driver’s
  551  education vehicles; motor vehicles used for the maintenance or
  552  operation of plants and equipment; security vehicles; or
  553  vehicles used in storing or distributing materials and
  554  equipment.
  555         (b) Payment of the cost of premiums, as defined in s.
  556  627.403, for property and casualty insurance necessary to insure
  557  school district educational and ancillary plants. As used in
  558  this paragraph, casualty insurance has the same meaning as in s.
  559  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
  560  are made available through the payment of property and casualty
  561  insurance premiums from revenues generated under this subsection
  562  may be expended only for nonrecurring operational expenditures
  563  of the school district.
  564         Section 21. Paragraph (b) of subsection (2) of section
  565  1013.15, Florida Statutes, is amended to read:
  566         1013.15 Lease, rental, and lease-purchase of educational
  567  facilities and sites.—
  568         (2)
  569         (b) A board is authorized to lease-purchase educational
  570  facilities and sites as defined in s. 1013.01. The lease
  571  purchase of educational facilities and sites shall be as
  572  required by s. 1013.37, shall be advertised for and receive
  573  competitive proposals and be awarded to the best proposer, and
  574  shall be funded using current or other funds specifically
  575  authorized by law to be used for such purpose.
  576         1. A district school board, by itself, or through a direct
  577  support organization formed pursuant to s. 1001.453 or nonprofit
  578  educational organization or a consortium of district school
  579  boards, may, in developing a lease-purchase of educational
  580  facilities and sites provide for separately advertising for and
  581  receiving competitive bids or proposals on the construction of
  582  facilities and the selection of financing to provide the lowest
  583  cost funding available, so long as the board determines that
  584  such process would best serve the public interest and the
  585  pledged revenues are limited to those authorized in s.
  586  1011.71(2)(f) 1011.71(2)(e).
  587         2. All activities and information, including lists of
  588  individual participants, associated with agreements made
  589  pursuant to this section are shall be subject to the provisions
  590  of chapter 119 and s. 286.011.
  591         Section 22. Subsection (1) of section 1013.20, Florida
  592  Statutes, is amended to read:
  593         1013.20 Standards for relocatables used as classroom space;
  594  inspections.—
  595         (1) The State Board of Education shall adopt rules
  596  establishing standards for relocatables intended for long-term
  597  use as classroom space at a public elementary school, middle
  598  school, or high school. The term “long-term use” means the use
  599  of relocatables at the same educational plant for a period of 4
  600  years or more. Each relocatable acquired by a district school
  601  board after the effective date of the rules and intended for
  602  long-term use must comply with the standards. District school
  603  boards shall submit a plan for the use of existing relocatables
  604  within the 5-year work program to be reviewed and approved by
  605  the commissioner by January 1, 2003. A progress report shall be
  606  provided by the commissioner to the Speaker of the House of
  607  Representatives and the President of the Senate each January
  608  thereafter. Relocatables that fail to meet the standards after
  609  completion of the approved plan may not be used as classrooms.
  610  The standards shall protect the health, safety, and welfare of
  611  occupants by requiring compliance with the Florida Building Code
  612  or the State Requirements for Educational Facilities for
  613  existing relocatables, as applicable, to ensure the safety and
  614  stability of construction and onsite installation; fire and
  615  moisture protection; air quality and ventilation; appropriate
  616  wind resistance; and compliance with the requirements of the
  617  Americans with Disabilities Act of 1990. If appropriate and
  618  where relocatables are not scheduled for replacement, the
  619  standards must also require relocatables to provide access to
  620  the same technologies available to similar classrooms within the
  621  main school facility and, if appropriate, and where relocatables
  622  are not scheduled for replacement, to be accessible by adequate
  623  covered walkways. A relocatable that is subject to this section
  624  and does not meet the standards shall not be reported as
  625  providing satisfactory student stations in the Florida Inventory
  626  of School Houses.
  627         Section 23. Paragraph (e) of subsection (1) of section
  628  1013.37, Florida Statutes, is amended to read:
  629         1013.37 State uniform building code for public educational
  630  facilities construction.—
  631         (1) UNIFORM BUILDING CODE.—A uniform statewide building
  632  code for the planning and construction of public educational and
  633  ancillary plants by district school boards and Florida College
  634  System institution district boards of trustees shall be adopted
  635  by the Florida Building Commission within the Florida Building
  636  Code, pursuant to s. 553.73. Included in this code must be flood
  637  plain management criteria in compliance with the rules and
  638  regulations in 44 C.F.R. parts 59 and 60, and subsequent
  639  revisions thereto which are adopted by the Federal Emergency
  640  Management Agency. It is also the responsibility of the
  641  department to develop, as a part of the uniform building code,
  642  standards relating to:
  643         (e) The performance of life-cycle cost analyses on
  644  alternative architectural and engineering designs to evaluate
  645  their energy efficiencies.
  646         1. The life-cycle cost analysis must consist of the sum of:
  647         a. The reasonably expected fuel costs over the life of the
  648  building which are required to maintain illumination, water
  649  heating, temperature, humidity, ventilation, and all other
  650  energy-consuming equipment in a facility; and
  651         b. The reasonable costs of probable maintenance, including
  652  labor and materials, and operation of the building.
  653         2. For computation of the life-cycle costs, the department
  654  shall develop standards that must include, but need not be
  655  limited to:
  656         a. The orientation and integration of the facility with
  657  respect to its physical site.
  658         b. The amount and type of glass employed in the facility
  659  and the directions of exposure.
  660         c. The effect of insulation incorporated into the facility
  661  design and the effect on solar utilization of the properties of
  662  external surfaces.
  663         d. The variable occupancy and operating conditions of the
  664  facility and subportions of the facility.
  665         e. An energy-consumption analysis of the major equipment of
  666  the facility’s heating, ventilating, and cooling system;
  667  lighting system; and hot water system and all other major
  668  energy-consuming equipment and systems as appropriate.
  669         3. Life-cycle cost criteria published by the Department of
  670  Education for use in evaluating projects.
  671         4. Standards for construction materials and systems based
  672  on life-cycle costs that consider initial costs, maintenance
  673  costs, custodial costs, operating costs, and life expectancy.
  674  The standards may include multiple acceptable materials. It is
  675  the intent of the Legislature to require district school boards
  676  to comply with these standards when expending funds from the
  677  Public Education Capital Outlay and Debt Service Trust Fund or
  678  the School District and Community College District Capital
  679  Outlay and Debt Service Trust Fund and to prohibit district
  680  school boards from expending local capital outlay revenues for
  681  any project that includes materials or systems that do not
  682  comply with these standards, unless the district school board
  683  submits evidence that alternative design or design-build plans,
  684  materials, or systems meet or exceed standards developed by the
  685  department or provide demonstrable cost savings without
  686  mitigating life-safety standards.
  688  It is not a purpose of the Florida Building Code to inhibit the
  689  use of new materials or innovative techniques; nor may it
  690  specify or prohibit materials by brand names. The code must be
  691  flexible enough to cover all phases of construction so as to
  692  afford reasonable protection for the public safety, health, and
  693  general welfare. The department may secure the service of other
  694  state agencies or such other assistance as it finds desirable in
  695  recommending to the Florida Building Commission revisions to the
  696  code.
  697         Section 24. This act shall take effect July 1, 2012.