Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. PCS (614458) for CS for SB 1598 Ì447568XÎ447568 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 servicesinitiatedby 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