Florida Senate - 2015                             CS for SB 1262
       By the Committee on Fiscal Policy; and Senator Legg
       594-04430-15                                          20151262c1
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1003.576,
    3         F.S.; requiring the Department of Education to have an
    4         operating electronic Individual Education Plan system
    5         in place for statewide use; amending s. 1005.22, F.S.;
    6         requiring the Commission for Independent Education to
    7         report certain data to the department annually by a
    8         certain date regarding institutions licensed by the
    9         commission; amending s. 1012.796, F.S.; authorizing
   10         the Commissioner of Education to issue a letter of
   11         guidance in response to a complaint against a teacher
   12         or administrator in lieu of a probable cause
   13         determination; creating s. 1013.385, F.S.; providing
   14         for school district construction flexibility;
   15         authorizing exceptions to construction requirements
   16         for educational facilities under certain
   17         circumstances; amending s. 1013.40, F.S.; increasing
   18         the number of beds which may be in a dormitory
   19         constructed by certain Florida College System
   20         institutions; providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 1003.576, Florida Statutes, is amended
   25  to read:
   26         1003.576 Individual education plans for exceptional
   27  students.—The Department of Education must develop and have an
   28  operating electronic IEP system in place for potential statewide
   29  use no later than July 1, 2007. The statewide system shall be
   30  developed collaboratively with school districts and must include
   31  input from school districts currently developing or operating
   32  electronic IEP systems.
   33         Section 2. Paragraph (i) of subsection (1) of section
   34  1005.22, Florida Statutes, is amended to read:
   35         1005.22 Powers and duties of commission.—
   36         (1) The commission shall:
   37         (i) Serve as a central agency for collecting and
   38  distributing current information regarding institutions licensed
   39  by the commission. The commission shall annually collect, and
   40  all institutions licensed by the commission shall annually
   41  report, student-level data from the prior year for each student
   42  who receives state funds, in a format prescribed by the
   43  Department of Education. At a minimum, data from the prior year
   44  must include retention rates, transfer rates, completion rates,
   45  graduation rates, employment and placement rates, and earnings
   46  of graduates. By October 1 of each year December 31, 2013, the
   47  commission shall report the data for the 2012-2013 academic year
   48  to the Department of Education. By October 1 of each year
   49  thereafter, the commission shall report the data to the
   50  department.
   51         Section 3. Subsection (3) of section 1012.796, Florida
   52  Statutes, is amended to read:
   53         1012.796 Complaints against teachers and administrators;
   54  procedure; penalties.—
   55         (3) The department staff shall advise the commissioner
   56  concerning the findings of the investigation. The department
   57  general counsel or members of that staff shall review the
   58  investigation and advise the commissioner concerning probable
   59  cause or lack thereof. The determination of probable cause shall
   60  be made by the commissioner. The commissioner shall provide an
   61  opportunity for a conference, if requested, prior to determining
   62  probable cause. The commissioner may enter into deferred
   63  prosecution agreements in lieu of finding probable cause if, in
   64  his or her judgment, such agreements are in the best interests
   65  of the department, the certificateholder, and the public. Such
   66  deferred prosecution agreements shall become effective when
   67  filed with the clerk of the Education Practices Commission.
   68  However, a deferred prosecution agreement may shall not be
   69  entered into if there is probable cause to believe that a felony
   70  or an act of moral turpitude, as defined by rule of the State
   71  Board of Education, has occurred. Upon finding no probable
   72  cause, the commissioner shall dismiss the complaint. In lieu of
   73  a finding of probable cause, the commissioner may also issue a
   74  letter of guidance to the educator.
   75         Section 4. Section 1013.385, Florida Statutes, is created
   76  to read:
   77         1013.385 School district construction flexibility.—
   78         (1) A district school board, with a supermajority vote at a
   79  public meeting that begins no earlier than 5 p.m., may adopt a
   80  resolution to implement one or more of the exceptions to the
   81  educational facilities construction requirements provided in
   82  this section. Before voting on the resolution, a district school
   83  board must conduct a cost-benefit analysis prepared according to
   84  a professionally accepted methodology that describes how each
   85  exception selected by the district school board achieves cost
   86  savings, improves the efficient use of school district
   87  resources, and impacts the life-cycle costs and life span, as
   88  applicable, for each educational facility to be constructed, as
   89  applicable, and demonstrates that implementation of the
   90  exception will not compromise student safety or the quality of
   91  student instruction. The district school board must conduct at
   92  least one public workshop to discuss and receive public comment
   93  on the proposed resolution and cost-benefit analysis, which must
   94  begin no earlier than 5 p.m. and may occur at the same meeting
   95  at which the resolution will be voted upon.
   96         (2) A resolution adopted under this section may propose
   97  implementation of exceptions to requirements of the uniform
   98  statewide building code for the planning and construction of
   99  public educational and ancillary plants adopted pursuant to ss.
  100  553.73 and 1013.37 relating to:
  101         (a) Interior nonload-bearing walls, by approving the use of
  102  fire-rated wood stud walls in new construction or remodeling for
  103  interior nonload-bearing wall assemblies that will not be
  104  exposed to water or located in wet areas.
  105         (b) Walkways, roadways, driveways, and parking areas, by
  106  approving the use of designated, stabilized, and well-drained
  107  gravel or grassed student parking areas.
  108         (c) Standards for relocatables used as classroom space, as
  109  specified in s. 1013.20, by approving construction
  110  specifications for installation of relocatable buildings that do
  111  not have covered walkways leading to the permanent buildings
  112  onsite.
  113         (d) Site lighting, by approving construction specifications
  114  regarding site lighting which:
  115         1. Do not provide for lighting of gravel or grassed
  116  auxiliary or student parking areas.
  117         2. Provide lighting for walkways, roadways, driveways,
  118  paved parking lots, exterior stairs, ramps, and walkways from
  119  the exterior of the building to a public walkway through
  120  installation of a timer that is set to provide lighting only
  121  during periods in which the site is occupied.
  122         3. Allow lighting for building entrances and exits to be
  123  installed with a timer that is set to provide lighting only
  124  during periods in which the building is occupied. The minimum
  125  illumination level at single-door exits may be reduced to no
  126  less than 1 footcandle.
  127         Section 5. Subsection (4) of section 1013.40, Florida
  128  Statutes, is amended to read:
  129         1013.40 Planning and construction of Florida College System
  130  institution facilities; property acquisition.—
  131         (4) The campus of a Florida College System institution
  132  within a municipality designated as an area of critical state
  133  concern, as defined in s. 380.05, and having a comprehensive
  134  plan and land development regulations containing a building
  135  permit allocation system that limits annual growth, may
  136  construct dormitories for up to 400 100 beds for Florida College
  137  System institution students. Such dormitories are shall be
  138  exempt from the building permit allocation system and may be
  139  constructed up to 45 feet in height if the dormitories provided
  140  that they are otherwise consistent with the comprehensive plan,
  141  the Florida College System institution has a hurricane
  142  evacuation plan that requires all dormitory occupants to be
  143  evacuated 48 hours in advance of tropical force winds, and that
  144  transportation is provided for dormitory occupants during an
  145  evacuation.
  146         Section 6. This act shall take effect July 1, 2015.