Florida Senate - 2018 SB 1772
By Senator Montford
3-00573B-18 20181772__
1 A bill to be entitled
2 An act relating to charter school capital outlay
3 funding; amending s. 1011.73, F.S.; increasing the
4 maximum number of years for which a specified millage
5 may be levied; requiring the Office of Program Policy
6 Analysis and Government Accountability, in conjunction
7 with the Office of the Auditor General, to conduct
8 certain studies and provide reports that meet
9 specified requirements to the Governor and the
10 Legislature by a specified date; providing legislative
11 findings; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (2) of section 1011.73, Florida
16 Statutes, is amended to read:
17 1011.73 District millage elections.—
18 (2) MILLAGE AUTHORIZED NOT TO EXCEED 10 4 YEARS.—The
19 district school board, pursuant to resolution adopted at a
20 regular meeting, shall direct the county commissioners to call
21 an election at which the electors within the school district may
22 approve an ad valorem tax millage as authorized under s.
23 1011.71(9). Such election may be held at any time, except that
24 not more than one such election shall be held during any 12
25 month period. Any millage so authorized shall be levied for a
26 period not in excess of 10 4 years or until changed by another
27 millage election, whichever is earlier. If any such election is
28 invalidated by a court of competent jurisdiction, such
29 invalidated election shall be considered not to have been held.
30 Section 2. Public Charter School Capital Outlay Asset
31 Study.—
32 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
33 significant public funds have been provided to public charter
34 schools for capital outlay purposes. Current state law requires
35 that if a charter school is nonrenewed or terminated, any
36 unencumbered funds and all equipment and property purchased with
37 district public funds must revert to the ownership of the
38 district school board. Similar provisions apply to charter lab
39 schools. The Legislature finds that there is a compelling state
40 interest in determining the current value of recoverable assets
41 purchased with public funds, and the value of intangible or
42 irrecoverable costs paid with public funds.
43 (2) STUDY.—The Office of Program Policy Analysis and
44 Government Accountability (OPPAGA), in conjunction with the
45 Office of the Auditor General, shall conduct a study to
46 determine the total amount of public capital outlay funds
47 provided to each public charter school, including lab schools;
48 the identification and current valuation of all assets
49 determined to be recoverable from each charter school; and the
50 identification and current valuation of all assets that are not
51 recoverable from each charter school, including the reasons why
52 the assets are not recoverable. OPPAGA shall submit a report of
53 its findings to the Governor, the President of the Senate, and
54 the Speaker of the House of Representatives by December 1, 2018.
55 Section 3. Public Charter School Life-Cycle Cost Analysis
56 Study.—
57 (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
58 is a compelling state interest in conducting certain life-cycle
59 cost analyses for public charter schools that have been provided
60 capital outlay funds from public funds, and which are similar to
61 life-cycle cost analyses required for other public educational
62 facilities constructed with public funds. The Legislature seeks
63 to determine that the expenditure of capital outlay funds
64 provides the best long-term value for all sectors of the public
65 education system.
66 (2) STUDY.—The Office of Program Policy Analysis and
67 Government Accountability, in conjunction with the Office of the
68 Auditor General, shall conduct life-cycle cost analyses for
69 public charter schools that have received public funds for
70 capital outlay purposes and submit a report and recommendations
71 to the Governor, the President of the Senate, and the Speaker of
72 the House of Representatives by December 1, 2018. The study must
73 include all of the following components for each public charter
74 school that receives public capital outlay funds:
75 (a) The date of initial occupancy.
76 (b) The total cost of construction, including architectural
77 and engineering fees; the total building construction costs;
78 site improvement costs; the cost to bring utilities to the site;
79 administrative overhead construction costs; and initial
80 furniture, fixtures, and equipment costs. Due to the variability
81 of land costs across the state, the cost of acquiring the site
82 may not be considered.
83 (c) The projected number of years of useful life of the
84 building.
85 (d) The projected number of years before major renovations
86 would be required to achieve the maximum number of years of
87 useful life.
88 (e) The cost of replacing major building components,
89 including the heating, ventilating, and air conditioning
90 systems; roofing systems; electrical, life, health, and safety
91 systems; and information technology systems.
92 (f) A life-cycle cost analysis for each charter school
93 which considers:
94 1. The anticipated annual energy consumption;
95 2. The relative resistance of the facility to damage by
96 wind loads and associated debris;
97 3. The resistance of the facility to wood-destroying
98 organisms;
99 4. The perpetual maintenance costs;
100 5. The resistance of the facility to fire;
101 6. The reasonably expected fuel costs over the life of the
102 building which are required to maintain illumination, water
103 heating, temperature, humidity, ventilation, and other energy
104 consuming equipment in a facility;
105 7. The reasonable costs of probable maintenance, including
106 labor and materials, and operation of the building;
107 8. The orientation and integration of the facility with
108 respect to its physical site;
109 9. The amount and type of glass employed in the facility
110 and the directions of exposure;
111 10. The effect of insulation incorporated into the facility
112 design and the effect on solar utilization of the properties of
113 external surfaces;
114 11. The variable occupancy and operating conditions of the
115 facility and subportions of the facility;
116 12. An energy consumption analysis of the major equipment
117 of the facility’s heating, ventilating, and cooling systems;
118 lighting system; hot water system; and all other major energy
119 consuming equipment and systems, as appropriate;
120 13. Life-cycle cost criteria published by the Department of
121 Education for use in evaluating projects; and
122 14. Standards for construction materials and systems based
123 on life-cycle costs which consider initial costs, maintenance
124 costs, custodial costs, operating costs, and life expectancy.
125 (g) An identification of the construction methods and
126 practices used for public charter schools which produce
127 facilities with equal or longer life expectancy and equal or
128 less maintenance, repair, and operating costs as compared to
129 traditional public education facilities. The study must also
130 include recommendations for and authorization by local school
131 districts to use such construction methods and practices to
132 maintain or increase the life expectancy of buildings, including
133 any related statutory changes that are required.
134 Section 4. This act shall take effect July 1, 2018.