Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (614458) for CS for SB 1598
       
       
       
       
       
       
                                Ì447568XÎ447568                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 577 and 578
    4  insert:
    5         Section 8. Paragraph (b) of subsection (2) of section
    6  1013.35, Florida Statutes, is amended to read:
    7         1013.35 School district educational facilities plan;
    8  definitions; preparation, adoption, and amendment; long-term
    9  work programs.—
   10         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
   11  FACILITIES PLAN.—
   12         (b) The plan must also include a financially feasible
   13  district facilities work program for a 5-year period. The work
   14  program must include:
   15         1. A schedule of major repair and renovation projects
   16  necessary to maintain the educational facilities and ancillary
   17  facilities of the district.
   18         2. A schedule of capital outlay projects necessary to
   19  ensure the availability of satisfactory student stations for the
   20  projected student enrollment in K-12 programs. This schedule
   21  shall consider:
   22         a. The locations, capacities, and planned utilization rates
   23  of current educational facilities of the district. The capacity
   24  of existing satisfactory facilities, as reported in the Florida
   25  Inventory of School Houses, must be compared to the capital
   26  outlay full-time-equivalent student enrollment as determined by
   27  the department, including all enrollment used in the calculation
   28  of the distribution formula in s. 1013.64. For purposes of
   29  determining the capacity of school facilities at K-8 schools, as
   30  reported in the Florida Inventory of School Houses, a classroom
   31  housing students in kindergarten through grade 5 is considered
   32  an elementary school, and a classroom housing students in grades
   33  6 through 8 is considered a middle school.
   34         b. The proposed locations of planned facilities, whether
   35  those locations are consistent with the comprehensive plans of
   36  all affected local governments, and recommendations for
   37  infrastructure and other improvements to land adjacent to
   38  existing facilities. The provisions of ss. 1013.33(6), (7), and
   39  (8) and 1013.36 must be addressed for new facilities planned
   40  within the first 3 years of the work plan, as appropriate.
   41         c. Plans for the use and location of relocatable
   42  facilities, leased facilities, and charter school facilities.
   43         d. Plans for multitrack scheduling, grade level
   44  organization, block scheduling, or other alternatives that
   45  reduce the need for additional permanent student stations.
   46         e. Information concerning average class size and
   47  utilization rate by grade level within the district which will
   48  result if the tentative district facilities work program is
   49  fully implemented.
   50         f. The number and percentage of district students planned
   51  to be educated in relocatable facilities during each year of the
   52  tentative district facilities work program. For determining
   53  future needs, student capacity may not be assigned to any
   54  relocatable classroom that is scheduled for elimination or
   55  replacement with a permanent educational facility in the current
   56  year of the adopted district educational facilities plan and in
   57  the district facilities work program adopted under this section.
   58  Those relocatable classrooms clearly identified and scheduled
   59  for replacement in a school-board-adopted, financially feasible,
   60  5-year district facilities work program shall be counted at zero
   61  capacity at the time the work program is adopted and approved by
   62  the school board. However, if the district facilities work
   63  program is changed and the relocatable classrooms are not
   64  replaced as scheduled in the work program, the classrooms must
   65  be reentered into the system and be counted at actual capacity.
   66  Relocatable classrooms may not be perpetually added to the work
   67  program or continually extended for purposes of circumventing
   68  this section. All relocatable classrooms not identified and
   69  scheduled for replacement, including those owned, lease
   70  purchased, or leased by the school district, must be counted at
   71  actual student capacity. The district educational facilities
   72  plan must identify the number of relocatable student stations
   73  scheduled for replacement during the 5-year survey period and
   74  the total dollar amount needed for that replacement.
   75         g. Plans for the closure of any school, including plans for
   76  disposition of the facility or usage of facility space, and
   77  anticipated revenues.
   78         h. Projects for which capital outlay and debt service funds
   79  accruing under s. 9(d), Art. XII of the State Constitution are
   80  to be used shall be identified separately in priority order on a
   81  project priority list within the district facilities work
   82  program.
   83         3. The projected cost for each project identified in the
   84  district facilities work program. For proposed projects for new
   85  student stations, a schedule shall be prepared comparing the
   86  planned cost and square footage for each new student station, by
   87  elementary, middle, and high school levels, to the low, average,
   88  and high cost of facilities constructed throughout the state
   89  during the most recent fiscal year for which data is available
   90  from the Department of Education.
   91         4. A schedule of estimated capital outlay revenues from
   92  each currently approved source which is estimated to be
   93  available for expenditure on the projects included in the
   94  district facilities work program.
   95         5. A schedule indicating which projects included in the
   96  district facilities work program will be funded from current
   97  revenues projected in subparagraph 4.
   98         6. A schedule of options for the generation of additional
   99  revenues by the district for expenditure on projects identified
  100  in the district facilities work program which are not funded
  101  under subparagraph 5. Additional anticipated revenues may
  102  include Classrooms First funds.
  103         Section 9. Subsection (3) of section 1013.37, Florida
  104  Statutes, is amended to read:
  105         1013.37 State uniform building code for public educational
  106  facilities construction.—
  107         (3) REVIEW PROCEDURE; EXEMPTION.—
  108         (a) The Commissioner of Education shall cooperate with the
  109  Florida Building Commission in addressing all questions,
  110  disputes, or interpretations involving the provisions of the
  111  Florida Building Code which govern the construction of public
  112  educational and ancillary facilities, and any objections to
  113  decisions made by the inspectors or the department must be
  114  submitted in writing.
  115         (b)Upon request by a district school board, the
  116  commissioner shall grant an exemption from the State
  117  Requirements for Educational Facilities (SREF). A district
  118  school board must provide a comprehensive cost-benefit analysis
  119  along with its request for an exemption from the SREF. Any
  120  district school board that is granted such exemption shall
  121  continue to comply with applicable provisions of the Florida
  122  Building Code and the Florida Fire Prevention Code which relate
  123  to the construction, remodeling, and renovation of educational
  124  facilities.
  125         Section 10. Upon the expiration and reversion of the
  126  amendments to section 1013.64, Florida Statutes, pursuant to
  127  section 36 of chapter 2016-62, Laws of Florida, paragraph (a) of
  128  subsection (3) and paragraphs (b) and (c) of subsection (6) of
  129  section 1013.64, Florida Statutes, are amended to read:
  130         1013.64 Funds for comprehensive educational plant needs;
  131  construction cost maximums for school district capital
  132  projects.—Allocations from the Public Education Capital Outlay
  133  and Debt Service Trust Fund to the various boards for capital
  134  outlay projects shall be determined as follows:
  135         (3)(a) Each district school board shall receive an amount
  136  from the Public Education Capital Outlay and Debt Service Trust
  137  Fund to be calculated by computing the capital outlay full-time
  138  equivalent membership as determined by the department. Such
  139  membership must include, but is not limited to:
  140         1. K-12 students for whom the school district provides the
  141  educational facility, except hospital- and homebound part-time
  142  students; and
  143         2. Students who are career education students, and adult
  144  disabled students and who are enrolled in school district career
  145  centers. The capital outlay full-time equivalent membership
  146  shall be determined for kindergarten through the 12th grade and
  147  for career centers by averaging the unweighted full-time
  148  equivalent student membership for the second and third surveys
  149  and comparing the results on a school-by-school basis with the
  150  Florida Inventory for School Houses. For purposes of determining
  151  the capacity of school facilities at K-8 schools, as reported in
  152  the Florida Inventory of School Houses, a classroom housing
  153  students in kindergarten through grade 5 is considered an
  154  elementary school, and a classroom housing students in grades 6
  155  through 8 is considered a middle school. The capital outlay
  156  full-time equivalent membership by grade level organization
  157  shall be used in making the following calculations: The capital
  158  outlay full-time equivalent membership by grade level
  159  organization for the 4th prior year must be used to compute the
  160  base-year allocation. The capital outlay full-time equivalent
  161  membership by grade-level organization for the prior year must
  162  be used to compute the growth over the highest of the 3 years
  163  preceding the prior year. From the total amount appropriated by
  164  the Legislature pursuant to this subsection, 40 percent shall be
  165  allocated among the base capital outlay full-time equivalent
  166  membership and 60 percent among the growth capital outlay full
  167  time equivalent membership. The allocation within each of these
  168  groups shall be prorated to the districts based upon each
  169  district’s percentage of base and growth capital outlay full
  170  time membership. The most recent 4-year capital outlay full-time
  171  equivalent membership data shall be used in each subsequent
  172  year’s calculation for the allocation of funds pursuant to this
  173  subsection. If a change, correction, or recomputation of data
  174  during any year results in a reduction or increase of the
  175  calculated amount previously allocated to a district, the
  176  allocation to that district shall be adjusted correspondingly.
  177  If such recomputation results in an increase or decrease of the
  178  calculated amount, such additional or reduced amounts shall be
  179  added to or reduced from the district’s future appropriations.
  180  However, no change, correction, or recomputation of data shall
  181  be made subsequent to 2 years following the initial annual
  182  allocation.
  183         (6)
  184         (b)1. A district school board may not use funds from the
  185  following sources: Public Education Capital Outlay and Debt
  186  Service Trust Fund; School District and Community College
  187  District Capital Outlay and Debt Service Trust Fund; Classrooms
  188  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
  189  levy of ad valorem property taxes provided in s. 1011.71(2);
  190  Classrooms for Kids Program funds provided in s. 1013.735;
  191  District Effort Recognition Program funds provided in s.
  192  1013.736; or High Growth District Capital Outlay Assistance
  193  Grant Program funds provided in s. 1013.738 for any new
  194  construction of educational plant space with a total cost per
  195  student station, including change orders, that equals more than:
  196         a. $17,952 for an elementary school,
  197         b. $19,386 for a middle school, or
  198         c. $25,181 for a high school,
  199  
  200  (January 2006) as adjusted annually to reflect increases or
  201  decreases in the Consumer Price Index.
  202         2. School districts shall maintain accurate documentation
  203  related to the costs of all new construction of educational
  204  plant space reported to the Department of Education pursuant to
  205  paragraph (d). The Auditor General shall review the
  206  documentation maintained by the school districts and verify
  207  compliance with the limits under this paragraph during its
  208  scheduled operational audits of the school district. The
  209  department shall make the final determination on district
  210  compliance based on the recommendation of the Auditor General.
  211         3. The Office of Economic and Demographic Research, in
  212  consultation with the department, shall conduct a study of the
  213  cost per student station amounts using the most recent available
  214  information on construction costs. In this study, the costs per
  215  student station should represent the costs of classroom
  216  construction and administrative offices as well as the
  217  supplemental costs of core facilities, including required media
  218  centers, gymnasiums, music rooms, cafeterias and their
  219  associated kitchens and food service areas, vocational areas,
  220  and other defined specialty areas, including exceptional student
  221  education areas. The study must take into account appropriate
  222  cost-effectiveness factors in school construction and should
  223  include input from industry experts. The Office of Economic and
  224  Demographic Research must provide the results of the study and
  225  recommendations on the cost per student station to the Governor,
  226  the President of the Senate, and the Speaker of the House of
  227  Representatives no later than January 31, 2017.
  228         4. The Office of Program Policy Analysis and Government
  229  Accountability (OPPAGA) shall conduct a study of the State
  230  Requirements for Education Facilities (SREF) to identify current
  231  requirements that can be eliminated or modified in order to
  232  decrease the cost of construction of educational facilities
  233  while ensuring student safety. OPPAGA must provide the results
  234  of the study, and an overall recommendation as to whether SREF
  235  should be retained, to the Governor, the President of the
  236  Senate, and the Speaker of the House of Representatives no later
  237  than January 31, 2017.
  238         5. Effective July 1, 2017, in addition to the funding
  239  sources listed in subparagraph 1., a district school board may
  240  not use funds from any sources for new construction of
  241  educational plant space with a total cost per student station,
  242  including change orders, which equals more than the current
  243  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
  244  shall subsequently be adjusted annually to reflect increases or
  245  decreases in the Consumer Price Index. However, if a contract
  246  has been executed for architectural and design services or for
  247  construction management services before July 1, 2017, a district
  248  school board may use funds from any source for the new
  249  construction of educational plant space and such funds are
  250  exempt from the total cost per student station requirements.
  251         6. A district school board must not use funds from the
  252  Public Education Capital Outlay and Debt Service Trust Fund or
  253  the School District and Community College District Capital
  254  Outlay and Debt Service Trust Fund for any new construction of
  255  an ancillary plant that exceeds 70 percent of the average cost
  256  per square foot of new construction for all schools.
  257         (c) Except as otherwise provided, new construction for
  258  which a contract has been executed for architectural and design
  259  services or for construction management services initiated by a
  260  district school board on or after July 1, 2017, may not exceed
  261  the cost per student station as provided in paragraph (b). A
  262  school district that exceeds the cost per student station
  263  provided in paragraph (b), as determined by the Auditor General,
  264  shall be subject to sanctions. If the Auditor General determines
  265  that the cost per student station overage is de minimus or due
  266  to extraordinary circumstances outside the control of the
  267  district, the sanctions shall not apply. The sanctions are as
  268  follows:
  269         1. The school district shall be ineligible for allocations
  270  from the Public Education Capital Outlay and Debt Service Trust
  271  Fund for the next 3 years in which the school district would
  272  have received allocations had the violation not occurred.
  273         2. The school district shall be subject to the supervision
  274  of a district capital outlay oversight committee. The oversight
  275  committee is authorized to approve all capital outlay
  276  expenditures of the school district, including new construction,
  277  renovations, and remodeling, for 3 fiscal years following the
  278  violation.
  279         a. Each oversight committee shall be composed of the
  280  following:
  281         (I) One appointee of the Commissioner of Education who has
  282  significant financial management, school facilities
  283  construction, or related experience.
  284         (II) One appointee of the office of the state attorney with
  285  jurisdiction over the district.
  286         (III) One appointee of the Chief Financial Officer who is a
  287  licensed certified public accountant.
  288         b. An appointee to the oversight committee may not be
  289  employed by the school district; be a relative, as defined in s.
  290  1002.33(24)(a)2., of any school district employee; or be an
  291  elected official. Each appointee must sign an affidavit
  292  attesting to these conditions and affirming that no conflict of
  293  interest exists in his or her oversight role.
  294  
  295  ================= T I T L E  A M E N D M E N T ================
  296  And the title is amended as follows:
  297         Delete line 49
  298  and insert:
  299         programs that meet specified criteria; amending s.
  300         1013.35, F.S.; providing requirements for determining
  301         the capacity of facilities in certain schools as
  302         reported in the Florida Inventory of School Houses;
  303         amending s. 1013.37, F.S.; requiring the Commissioner
  304         of Education to grant an exemption from the State
  305         Requirements for Educational Facilities to a district
  306         school board under certain circumstances; requiring
  307         such district school board to comply with certain
  308         Florida Building Code and Florida Fire Prevention Code
  309         provisions; amending s. 1013.64, F.S.; authorizing a
  310         district school board to use funds from any source for
  311         the new construction of educational plant space under
  312         certain circumstances; conforming provisions to
  313         changes made by the act; providing an