HB 1321 full text · Session Watch

1 A bill to be entitled

2 An act relating to educational facilities; amending

3 ss. 163.31777, 163.3180, 553.415, 1001.20, 1002.20,

4 1002.31, 1002.36, 1003.621, 1011.012, 1011.6202, F.S.;

5 conforming provisions and cross-references to changes

6 made by the act; amending s. 1013.03, F.S.; revising

7 the duties of the Department of Education relating to

8 educational facilities of school districts and Florida

9 College System institutions; repealing s. 1013.04,

10 F.S., relating to school district educational

11 facilities plan performance and productivity

12 standards; amending s. 1013.12, F.S.; removing the

13 State Requirements for Educational Facilities from

14 specified standards for educational and ancillary

15 plants; removing the authority of the department to

16 inspect specified educational and ancillary plants;

17 deleting a requirement that the Commissioner of

18 Education adopt specified standards relating to such

19 inspections; removing a requirement that the State

20 Fire Marshal consult with the department for specified

21 rulemaking; amending s. 1013.20, F.S.; removing

22 specified standards for relocatables used as classroom

23 space; amending s. 1013.31, F.S.; removing the State

24 Requirement for Educational Facilities from specified

25 school district facility space projections; removing a

26 requirement that school district periodically update

27 their inventory of educational facilities; amending s.

28 1013.33, F.S.; conforming provisions to changes made

29 by the act; amending s. 1013.35, F.S.; removing

30 definitions; requiring district school boards to

31 submit their tentative facilities plans to the

32 department; removing specified requirements for such

33 plans; removing a requirement that district school

34 boards work with certain local governments relating to

35 such plans; amending s. 1013.356, F.S.; conforming

36 provisions to changes made by the act; amending s.

37 1013.37, F.S.; revising requirements for the

38 performance of life-cycle costs analyses on specified

39 facilities; removing the department and Commissioner

40 of Education from requirements related to state

41 uniform building code for public educational

42 facilities construction; amending s. 1013.371, F.S.;

43 conforming provisions to changes made by the act;

44 amending s. 1013.41, F.S.; removing the Office of

45 Educational Facilities; requiring the department,

46 rather than the office, to monitor educational

47 facilities plans; amending s. 1013.45, F.S.; removing

48 a requirement that district school boards reuse

49 specified documents and packages relating to

50 construction; removing a requirement for a protype

51 design and construction for specified district school

52 board projects; removing State Board of Education

53 rulemaking requirements; repealing s. 1013.451, F.S.,

54 relating to life-cycle costs comparisons; amending s.

55 1013.62, F.S.; conforming a cross-reference; amending

56 s. 1013.64, F.S.; authorizing certain remodeling

57 projects to be based on specified school district

58 needs; revising the requirements for requests for

59 funding from the Special Facility Construction

60 Committee; revising the membership of the committee;

61 removing requirements for a specified survey and for

62 certain projects to be survey recommended; revising

63 the calculation of the cost per student station;

64 removing specified duties of the department relating

65 to cost per student stations; amending ss. 1013.68 and

66 1013.735, F.S.; conforming provisions to changes made

67 by the act; providing an effective date.

69 Be It Enacted by the Legislature of the State of Florida:

71 Section 1. Paragraphs (e) and (f) of subsection (2) and

72 subsection (4) of section 163.31777, Florida Statutes, are

73 amended to read:

74 163.31777 Public schools interlocal agreement.—

75 (2) At a minimum, the interlocal agreement must address

76 the following issues:

77 (e) A process for the school board to inform the local

78 government regarding the effect of comprehensive plan amendments

79 on school capacity. The capacity reporting must be consistent

80 with laws and rules relating to measurement of school facility

81 capacity and must also identify how the district school board

82 will meet the public school demand ~~based on the facilities work~~

83 ~~program adopted pursuant to s. 1013.35.~~

84 (f) Participation of the local governments in the

85 preparation of the annual update to the district school board's

86 5-year ~~district facilities work program and~~ educational plant

87 survey prepared pursuant to s. 1013.35.

88 (4) At the time of the evaluation and appraisal of its

89 comprehensive plan pursuant to s. 163.3191, each exempt

90 municipality shall assess the extent to which it continues to

91 meet the criteria for exemption under subsection (3). If the

92 municipality continues to meet the criteria for exemption under

93 subsection (3), the municipality shall continue to be exempt

94 from the interlocal agreement requirement. Each municipality

95 exempt under subsection (3) must comply with this section within

96 1 year after the district school board proposes, ~~in its 5-year~~

97 ~~district facilities work program,~~ a new school within the

98 municipality's jurisdiction.

99 Section 2. Paragraph (e) of subsection (6) of section

100 163.3180, Florida Statutes, is amended to read:

101 163.3180 Concurrency.—

102 (6)

103 (e) A school district that includes relocatable facilities

104 in its inventory of student stations shall include the capacity

105 of such relocatable facilities ~~as provided in s.~~

106 ~~1013.35(2)(b)2.f.,~~ provided the relocatable facilities were

107 purchased after 1998 ~~and the relocatable facilities meet the~~

108 ~~standards for long-term use pursuant to s. 1013.20.~~

109 Section 3. Subsections (12) and (13) of section 553.415,

110 Florida Statutes, are amended to read:

111 553.415 Factory-built school buildings.—

112 (12) Such insignia and data plate shall be permanently

113 affixed by the manufacturer in the case of newly constructed

114 factory-built school buildings, or by the department or its

115 designee in the case of an existing factory-built building

116 ~~altered to comply with provisions of s. 1013.20.~~

117 (13) As of July 1, 2001, all newly constructed factory-

118 built school buildings shall bear a label pursuant to subsection

119 (12). As of July 1, 2002, existing factory-built school

120 buildings and manufactured buildings used as classrooms and not

121 bearing such label shall not be used as classrooms ~~pursuant to~~

122 ~~s. 1013.20.~~

123 Section 4. Paragraph (c) of subsection (4) of section

124 1001.20, Florida Statutes, is amended to read:

125 1001.20 Department under direction of state board.—

126 (4) The Department of Education shall establish the

127 following offices within the Office of the Commissioner of

128 Education which shall coordinate their activities with all other

129 divisions and offices:

130 ~~(c) Office of Educational Facilities.—Responsible for~~

131 ~~validating all educational plant surveys and verifying Florida~~

132 ~~Inventory of School Houses (FISH) data. The office shall provide~~

133 ~~technical assistance to public school districts when requested.~~

134 Section 5. Subsection (21) of section 1002.20, Florida

135 Statutes, is amended to read:

136 1002.20 K-12 student and parent rights.—Parents of public

137 school students must receive accurate and timely information

138 regarding their child's academic progress and must be informed

139 of ways they can help their child to succeed in school. K-12

140 students and their parents are afforded numerous statutory

141 rights including, but not limited to, the following:

142 (21) PARENTAL INPUT AND MEETINGS.—

143 ~~(a)~~ Meetings with school district personnel.—Parents of

144 public school students may be accompanied by another adult of

145 their choice at a meeting with school district personnel. School

146 district personnel may not object to the attendance of such

147 adult or discourage or attempt to discourage, through an action,

148 statement, or other means, the parents of students with

149 disabilities from inviting another person of their choice to

150 attend a meeting. Such prohibited actions include, but are not

151 limited to, attempted or actual coercion or harassment of

152 parents or students or retaliation or threats of consequences to

153 parents or students.

154 (a)1. Such meetings include, but are not limited to,

155 meetings related to: the eligibility for exceptional student

156 education or related services; the development of an individual

157 family support plan (IFSP); the development of an individual

158 education plan (IEP); the development of a 504 accommodation

159 plan issued under s. 504 of the Rehabilitation Act of 1973; the

160 transition of a student from early intervention services to

161 other services; the development of postsecondary goals for a

162 student with a disability and the transition services needed to

163 reach those goals; and other issues that may affect the

164 educational environment, discipline, or placement of a student

165 with a disability.

166 (b)2. The parents and school district personnel attending

167 the meeting shall sign a document at the meeting's conclusion

168 which states whether any school district personnel have

169 prohibited, discouraged, or attempted to discourage the parents

170 from inviting a person of their choice to the meeting.

171 ~~(b) District school board educational facilities~~

172 ~~programs.—Parents of public school students and other members of~~

173 ~~the public have the right to receive proper public notice and~~

174 ~~opportunity for public comment regarding the district school~~

175 ~~board's educational facilities work program, in accordance with~~

176 ~~the provisions of s. 1013.35.~~

177 Section 6. Paragraph (b) of subsection (2) of section

178 1002.31, Florida Statutes, is amended to read:

179 1002.31 Controlled open enrollment; public school parental

180 choice.—

181 (2)

182 (b) Each school district and charter school capacity

183 determinations for its schools, by grade level, must be updated

184 every 12 weeks and be identified on the school district and

185 charter school's websites. In determining the capacity of each

186 district school, the district school board shall incorporate the

187 specifications, plans, elements, and commitments contained in

188 the school district educational facilities plan ~~and the long-~~

189 ~~term work programs~~ required under s. 1013.35. Each charter

190 school governing board shall determine capacity based upon its

191 charter school contract. Each virtual charter school and each

192 school district with a contract with an approved virtual

193 instruction program provider shall determine capacity based upon

194 the enrollment requirements established under s. 1002.45(1)(d)4.

195 Section 7. Subsection (3) of section 1002.36, Florida

196 Statutes, is amended to read:

197 1002.36 Florida School for the Deaf and the Blind.—

198 (3) AUDITS.—The Auditor General shall conduct audits of

199 the accounts and records of the Florida School for the Deaf and

200 the Blind as provided in s. 11.45. The Department of Education's

201 Inspector General is authorized to conduct investigations at the

202 school as provided in s. 1002.20(4)(d) ~~s. 1001.20(4)(e).~~

203 Section 8. Paragraph (i) of subsection (2) of section

204 1003.621, Florida Statutes, is amended to read:

205 1003.621 Academically high-performing school districts.—It

206 is the intent of the Legislature to recognize and reward school

207 districts that demonstrate the ability to consistently maintain

208 or improve their high-performing status. The purpose of this

209 section is to provide high-performing school districts with

210 flexibility in meeting the specific requirements in statute and

211 rules of the State Board of Education.

212 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically

213 high-performing school district shall comply with all of the

214 provisions in chapters 1000-1013, and rules of the State Board

215 of Education which implement these provisions, pertaining to the

216 following:

217 (i) Those statutes pertaining to educational facilities,

218 including chapter 1013, ~~except that s. 1013.20, relating to~~

219 ~~covered walkways for portables,~~ is eligible for exemption.

220 Section 9. Section 1011.012, Florida Statutes, is amended

221 to read:

222 1011.012 Annual capital outlay budget.—

223 ~~(1)~~ Each district school board, Florida College System

224 institution board of trustees, and university board of trustees

225 shall, each year, adopt a capital outlay budget for the ensuing

226 year in order that the capital outlay needs of the board for the

227 entire year may be well understood by the public. This capital

228 outlay budget shall be a part of the annual budget and shall be

229 based upon and in harmony with the educational plant and

230 ancillary facilities plan. This budget shall designate the

231 proposed capital outlay expenditures by project for the year

232 from all fund sources. The board may not expend any funds on any

233 project not included in the budget, as amended.

234 ~~(2) Each district school board must prepare its tentative~~

235 ~~district facilities work program as required by s. 1013.35~~

236 ~~before adopting the capital outlay budget.~~

237 Section 10. Paragraph (b) of subsection (3) of section

238 1011.6202, Florida Statutes, is amended to read:

239 1011.6202 Principal Autonomy Program Initiative.—The

240 Principal Autonomy Program Initiative is created within the

241 Department of Education. The purpose of the program is to

242 provide a highly effective principal of a participating school

243 with increased autonomy and authority to operate his or her

244 school, as well as other schools, in a way that produces

245 significant improvements in student achievement and school

246 management while complying with constitutional requirements. The

247 State Board of Education may, upon approval of a principal

248 autonomy proposal, enter into a performance contract with the

249 district school board for participation in the program.

250 (3) EXEMPTION FROM LAWS.—

251 (b) A participating school or a school operated by a

252 principal pursuant to subsection (5) shall comply with the

253 provisions of chapters 1000-1013, and rules of the state board

254 that implement those provisions, pertaining to the following:

255 1. Those laws relating to the election and compensation of

256 district school board members, the election or appointment and

257 compensation of district school superintendents, public meetings

258 and public records requirements, financial disclosure, and

259 conflicts of interest.

260 2. Those laws relating to the student assessment program

261 and school grading system, including chapter 1008.

262 3. Those laws relating to the provision of services to

263 students with disabilities.

264 4. Those laws relating to civil rights, including s.

265 1000.05, relating to discrimination.

266 5. Those laws relating to student health, safety, and

267 welfare.

268 6. Section 1001.42(4)(f), relating to the uniform opening

269 date for public schools.

270 7. Section 1003.03, governing maximum class size, except

271 that the calculation for compliance pursuant to s. 1003.03 is

272 the average at the school level for a participating school.

273 8. Sections 1012.22(1)(c) and 1012.27(2), relating to

274 compensation and salary schedules.

275 9. Section 1012.33(5), relating to workforce reductions

276 for annual contracts for instructional personnel. This

277 subparagraph does not apply to at-will employees.

278 10. Section 1012.335, relating to annual contracts for

279 instructional personnel hired on or after July 1, 2011. This

280 subparagraph does not apply to at-will employees.

281 11. Section 1012.34, relating to personnel evaluation

282 procedures and criteria.

283 12. Those laws pertaining to educational facilities,

284 including chapter 1013, ~~except that s. 1013.20, relating to~~

285 ~~covered walkways for relocatables,~~ is eligible for exemption.

286 13. Those laws pertaining to participating school

287 districts, including this section and ss. 1011.69(2) and

288 1012.28(8).

289 Section 11. Section 1013.03, Florida Statutes, is amended to read:

291 1013.03 Functions of the department and the Board of

292 Governors.—The functions of the Department of Education as it

293 pertains to educational facilities of school districts and

294 Florida College System institutions and of the Board of

295 Governors as it pertains to educational facilities of state

296 universities shall include, but not be limited to, the

297 following:

298 (1) Each district school board and Florida College System

299 institution board of trustees shall establish recommended

300 minimum and maximum square footage standards for different

301 functions and areas and procedures for determining the gross

302 square footage for each educational facility to be funded in

303 whole or in part by the state, including public broadcasting

304 stations but excluding postsecondary special purpose laboratory

305 space. The gross square footage determination standards may be

306 exceeded when the core facility space of an educational facility

307 is constructed or renovated to accommodate the future addition

308 of classrooms to meet projected increases in student enrollment.

309 The department and the Board of Governors shall encourage

310 multiple use of facilities and spaces in educational plants.

311 (2) Each district school board and Florida College System

312 institution board of trustees shall establish, for the purpose

313 of determining need, equitably uniform utilization standards for

314 all types of like space, regardless of the level of education.

315 These standards shall also establish, for postsecondary

316 education classrooms, a minimum room utilization rate of 40

317 hours per week and a minimum station utilization rate of 60

318 percent. These rates shall be subject to increase based on

319 national norms for utilization of postsecondary education

320 classrooms.

321 ~~(3) Require boards to submit other educational plant~~

322 ~~inventories data and statistical data or information relevant to~~

323 ~~construction, capital improvements, and related costs.~~

324 (3)(4) The department and the Board of Governors shall

325 require each board and other appropriate agencies to submit

326 complete and accurate financial data as to the amounts of funds

327 from all sources that are available and spent for construction

328 and capital improvements. The commissioner shall prescribe the

329 format and the date for the submission of this data and any

330 other educational facilities data. If any district does not

331 submit the required educational facilities fiscal data by the

332 prescribed date, the Commissioner of Education shall notify the

333 district school board of this fact and, if appropriate action is

334 not taken to immediately submit the required report, the

335 district school board shall be directed to proceed pursuant to

336 s. 1001.42(13)(b). If any Florida College System institution or

337 university does not submit the required educational facilities

338 fiscal data by the prescribed date, the same policy prescribed

339 in this subsection for school districts shall be implemented.

340 (4)(5) The department and the Board of Governors shall

341 administer, under the supervision of the Commissioner of

342 Education, the Public Education Capital Outlay and Debt Service

343 Trust Fund and the School District and Community College

344 District Capital Outlay and Debt Service Trust Fund.

345 ~~(6) Develop, review, update, revise, and recommend a~~

346 ~~mandatory portion of the Florida Building Code for educational~~

347 ~~facilities construction and capital improvement by Florida~~

348 ~~College System institution boards and district school boards.~~

349 ~~(7) Provide training, technical assistance, and building~~

350 ~~code interpretation for requirements of the mandatory Florida~~

351 ~~Building Code for the educational facilities construction and~~

352 ~~capital improvement programs of the Florida College System~~

353 ~~institution boards and district school boards and, upon request,~~

354 ~~approve phase III construction documents for remodeling,~~

355 ~~renovation, or new construction of educational plants or~~

356 ~~ancillary facilities, except that university boards of trustees~~

357 ~~shall approve specifications and construction documents for~~

358 ~~their respective institutions pursuant to guidelines of the~~

359 ~~Board of Governors. The Department of Management Services may,~~

360 ~~upon request, provide similar services for the Florida School~~

361 ~~for the Deaf and the Blind and shall use the Florida Building~~

362 ~~Code and the Florida Fire Prevention Code.~~

363 ~~(8) Provide minimum criteria, procedures, and training to~~

364 ~~boards to conduct educational plant surveys and document the~~

365 ~~determination of future needs.~~

366 ~~(9) Make available to boards technical assistance,~~

367 ~~awareness training, and research and technical publications~~

368 ~~relating to lifesafety, casualty, sanitation, environmental,~~

369 ~~maintenance, and custodial issues; and, as needed, technical~~

370 ~~assistance for survey, planning, design, construction,~~

371 ~~operation, and evaluation of educational and ancillary~~

372 ~~facilities and plants, facilities administrative procedures~~

373 ~~review, and training for new administrators.~~

374 ~~(10)(a) Review and validate surveys proposed or amended by~~

375 ~~the boards and recommend to the Commissioner of Education, or~~

376 ~~the Chancellor of the State University System, as appropriate,~~

377 ~~for approval, surveys that meet the requirements of this~~

378 ~~chapter.~~

379 ~~1. The term "validate" as applied to surveys by school~~

380 ~~districts means to review inventory data as submitted to the~~

381 ~~department by district school boards; provide for review and~~

382 ~~inspection, where required, of student stations and aggregate~~

383 ~~square feet of inventory changed from satisfactory to~~

384 ~~unsatisfactory or changed from unsatisfactory to satisfactory;~~

385 ~~compare new school inventory to allocation limits provided by~~

386 ~~this chapter; review cost projections for conformity with cost~~

387 ~~limits set by s. 1013.64(6); compare total capital outlay full-~~

388 ~~time equivalent enrollment projections in the survey with the~~

389 ~~department's projections; review facilities lists to verify that~~

390 ~~student station and auxiliary facility space allocations do not~~

391 ~~exceed the limits provided by this chapter and related rules;~~

392 ~~review and confirm the application of uniform facility~~

393 ~~utilization factors, where provided by this chapter or related~~

394 ~~rules; utilize the documentation of programs offered per site,~~

395 ~~as submitted by the board, to analyze facility needs; confirm~~

396 ~~that need projections for career and adult educational programs~~

397 ~~comply with needs documented by the Department of Education; and~~

398 ~~confirm the assignment of full-time student stations to all~~

399 ~~space except auxiliary facilities, which, for purposes of~~

400 ~~exemption from student station assignment, include the~~

401 ~~following:~~

402 ~~a. Cafeterias.~~

403 ~~b. Multipurpose dining areas.~~

404 ~~c. Media centers.~~

405 ~~d. Auditoriums.~~

406 ~~e. Administration.~~

407 ~~f. Elementary, middle, and high school resource rooms, up~~

408 ~~to the number of such rooms recommended for the applicable~~

409 ~~occupant and space design capacity of the educational plant in~~

410 ~~the State Requirements for Educational Facilities, beyond which~~

411 ~~student stations must be assigned.~~

412 ~~g. Elementary school skills labs, up to the number of such~~

413 ~~rooms recommended for the applicable occupant and space design~~

414 ~~capacity of the educational plant in the State Requirements for~~

415 ~~Educational Facilities, beyond which student stations must be~~

416 ~~assigned.~~

417 ~~h. Elementary school art and music rooms.~~

419 ~~The Commissioner of Education may grant a waiver from the~~

420 ~~requirements of this subparagraph if a district school board~~

421 ~~determines that such waiver will make possible a substantial~~

422 ~~savings of funds or will be advantageous to the welfare of the~~

423 ~~educational system. The district school board shall present a~~

424 ~~full statement to the commissioner which sets forth the facts~~

425 ~~that warrant the waiver. If the commissioner denies a request~~

426 ~~for a waiver, the district school board may appeal such decision~~

427 ~~to the State Board of Education.~~

428 ~~2. The term "validate" as applied to surveys by Florida~~

429 ~~College System institutions and universities means to review and~~

430 ~~document the approval of each new site and official designation,~~

431 ~~where applicable; review the inventory database as submitted by~~

432 ~~each board to the department, including noncareer, and total~~

433 ~~capital outlay full-time equivalent enrollment projections per~~

434 ~~site and per college; provide for the review and inspection,~~

435 ~~where required, of student stations and aggregate square feet of~~

436 ~~space changed from satisfactory to unsatisfactory; utilize and~~

437 ~~review the documentation of programs offered per site submitted~~

438 ~~by the boards as accurate for analysis of space requirements and~~

439 ~~needs; confirm that needs projected for career and adult~~

440 ~~educational programs comply with needs documented by the~~

441 ~~Department of Education; compare new facility inventory to~~

442 ~~allocations limits as provided in this chapter; review cost~~

443 ~~projections for conformity with state averages or limits~~

444 ~~designated by this chapter; compare student enrollment~~

445 ~~projections in the survey to the department's projections;~~

446 ~~review facilities lists to verify that area allocations and~~

447 ~~space factors for generating space needs do not exceed the~~

448 ~~limits as provided by this chapter and related rules; confirm~~

449 ~~the application of facility utilization factors as provided by~~

450 ~~this chapter and related rules; and review, as submitted,~~

451 ~~documentation of how survey recommendations will implement the~~

452 ~~detail of current campus master plans and integrate with local~~

453 ~~comprehensive plans and development regulations.~~

454 (5)(b) The department and Board of Governors shall

455 recommend priority of projects to be funded.

456 ~~(6)(11)~~ The department and Board of Governors shall

457 prepare the commissioner's comprehensive fixed capital outlay

458 legislative budget request and provide annually an estimate of

459 the funds available for developing required 3-year priority

460 lists. This amount shall be based upon the average percentage

461 for the 5 prior years of funds appropriated by the Legislature

462 for fixed capital outlay to each level of public education:

463 public schools, Florida College System institutions, and

464 universities.

465 ~~(7)(12)~~ The department and Board of Governors shall

466 perform any other functions that may be involved in educational

467 facilities construction and capital improvement which shall

468 ensure that the intent of the Legislature is implemented.

469 Section 12. Section 1013.04, Florida Statutes, is

470 repealed.

471 Section 13. Subsection (1), paragraph (a) of subsection

472 (3), and subsection (8) of section 1013.12, Florida Statutes,

473 are amended to read:

474 1013.12 Casualty, safety, sanitation, and firesafety

475 standards and inspection of property.—

476 (1) FIRESAFETY.—The State Board of Education shall adopt

477 and administer rules prescribing standards for the safety and

478 health of occupants of educational and ancillary plants as a

479 part of ~~State Requirements for Educational Facilities or~~ the

480 Florida Building Code for educational facilities construction as

481 provided in s. 1013.37, except that the State Fire Marshal in

482 consultation with the Department of Education shall adopt

483 uniform firesafety standards for educational and ancillary

484 plants and educational facilities, as provided in s.

485 633.206(1)(b), and a firesafety evaluation system to be used as

486 an alternate firesafety inspection standard for existing

487 educational and ancillary plants and educational facilities. The

488 uniform firesafety standards and the alternate firesafety

489 evaluation system shall be administered and enforced by fire

490 officials certified by the State Fire Marshal under s. 633.216.

491 These standards must be used by all public agencies when

492 inspecting public educational and ancillary plants, and the

493 firesafety standards must be used by county, municipal, or

494 independent special fire control district inspectors when

495 performing firesafety inspections of public educational and

496 ancillary plants and educational facilities. In accordance with

497 such standards, each board shall prescribe policies and

498 procedures establishing a comprehensive program of safety and

499 sanitation for the protection of occupants of public educational

500 and ancillary plants. Such policies must contain procedures for

501 periodic inspections as prescribed in this section or chapter

502 633 and for withdrawal of any educational and ancillary plant,

503 or portion thereof, from use until unsafe or unsanitary

504 conditions are corrected or removed.

505 (3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

506 AGENCIES.—

507 (a) A safety or sanitation inspection of any educational

508 or ancillary plant may be made at any time by ~~the Department of~~

509 ~~Education or~~ any ~~other~~ state or local agency authorized or

510 required to conduct such inspections by either general or

511 special law. Each agency conducting inspections shall use the

512 standards ~~adopted by the Commissioner of Education in lieu of,~~

513 ~~and to the exclusion of, any other inspection standards~~

514 prescribed either by statute or administrative rule. The agency

515 shall submit a copy of the inspection report to the board.

516 (8) ADDITIONAL STANDARDS.—In addition to any other rules

517 adopted under this section or s. 633.206, the State Fire Marshal

518 ~~in consultation with the Department of Education~~ shall adopt and

519 administer rules prescribing the following standards for the

520 safety and health of occupants of educational and ancillary

521 plants:

522 (a) The designation of serious life-safety hazards,

523 including, but not limited to, nonfunctional fire alarm systems,

524 nonfunctional fire sprinkler systems, doors with padlocks or

525 other locks or devices that preclude egress at any time,

526 inadequate exits, hazardous electrical system conditions,

527 potential structural failure, and storage conditions that create

528 a fire hazard.

529 (b) The proper placement of functional smoke and heat

530 detectors and accessible, unexpired fire extinguishers.

531 (c) The maintenance of fire doors without doorstops or

532 wedges improperly holding them open.

533 Section 14. Section 1013.20, Florida Statutes, is amended

534 to read:

535 1013.20 Inspections ~~Standards~~ for relocatables used as

536 classroom space; ~~inspections.—~~

537 ~~(1) The State Board of Education shall adopt rules~~

538 ~~establishing standards for relocatables intended for long-term~~

539 ~~use as classroom space at a public elementary school, middle~~

540 ~~school, or high school. "Long-term use" means the use of~~

541 ~~relocatables at the same educational plant for a period of 4~~

542 ~~years or more. Each relocatable acquired by a district school~~

543 ~~board after the effective date of the rules and intended for~~

544 ~~long-term use must comply with the standards. Relocatables that~~

545 ~~fail to meet the standards may not be used as classrooms. The~~

546 ~~standards shall protect the health, safety, and welfare of~~

547 ~~occupants by requiring compliance with the Florida Building Code~~

548 ~~or the State Requirements for Educational Facilities for~~

549 ~~existing relocatables, as applicable, to ensure the safety and~~

550 ~~stability of construction and onsite installation; fire and~~

551 ~~moisture protection; air quality and ventilation; appropriate~~

552 ~~wind resistance; and compliance with the requirements of the~~

553 ~~Americans with Disabilities Act of 1990. If appropriate and~~

554 ~~where relocatables are not scheduled for replacement, the~~

555 ~~standards must also require relocatables to provide access to~~

556 ~~the same technologies available to similar classrooms within the~~

557 ~~main school facility and, if appropriate, and where relocatables~~

558 ~~are not scheduled for replacement, to be accessible by adequate~~

559 ~~covered walkways. A relocatable that is subject to this section~~

560 ~~and does not meet the standards shall not be reported as~~

561 ~~providing satisfactory student stations in the Florida Inventory~~

562 ~~of School Houses.~~

563 ~~(2)~~ Annual inspections for all satisfactory relocatables

564 designed for classroom use or being occupied by students are

565 required for: foundations; tie-downs; structural integrity;

566 weatherproofing; HVAC; electrical; plumbing, if applicable;

567 firesafety; and accessibility. Reports shall be filed with the

568 district school board and posted in each respective relocatable

569 in order to facilitate corrective action.

570 Section 15. Subsection (1) of section 1013.31, Florida

571 Statutes, is amended to read:

572 1013.31 Educational plant survey; need assessment

573 criteria; PECO project funding.—

574 (1) At least every 5 years, each Florida College System

575 institution and state university board shall arrange for an

576 educational plant survey, to aid in formulating plans for

577 housing the educational program and student population, faculty,

578 administrators, staff, and auxiliary and ancillary services of

579 the district or campus, including consideration of the local

580 comprehensive plan. The Department of Education shall document

581 the need for additional career and adult education programs and

582 the continuation of existing programs before facility

583 construction or renovation related to career or adult education

584 may be included in the educational plant survey of a school

585 district or Florida College System institution that delivers

586 career or adult education programs. Information used by the

587 Department of Education to establish facility needs must

588 include, but need not be limited to, labor market data, needs

589 analysis, and information submitted by the Florida College

590 System institution.

591 (a) Survey preparation and required data.—Each survey must

592 be conducted by the Florida College System institution or state

593 university board or an agency employed by the board. Surveys

594 must be reviewed and approved by the board, and a file copy must

595 be submitted to the Department of Education or the Chancellor of

596 the State University System, as appropriate. The survey report

597 must include at least an inventory of existing educational and

598 ancillary plants, including safe access facilities;

599 recommendations for existing educational and ancillary plants;

600 recommendations for new educational or ancillary plants,

601 including the general location of each in coordination with the

602 land use plan and safe access facilities; campus master plan

603 update and detail for Florida College System institutions; and

604 such other information as may be required by the Department of

605 Education. This report may be amended, if conditions warrant, at

606 the request of the department or commissioner.

607 (b) Required need assessment criteria for district,

608 Florida College System institution, state university, and

609 Florida School for the Deaf and the Blind plant surveys.—

610 Educational plant surveys must use uniform data sources and

611 criteria specified in this paragraph. Each revised educational

612 plant survey and each new educational plant survey supersedes

613 previous surveys.

614 1. Each survey of a special facility, joint-use facility,

615 or cooperative career education facility must be based on

616 capital outlay full-time equivalent student enrollment data

617 prepared by the department for school districts and Florida

618 College System institutions and by the Chancellor of the State

619 University System for universities. A survey of space needs of a

620 joint-use facility shall be based upon the respective space

621 needs of the school districts, Florida College System

622 institutions, and universities, as appropriate. Projections of a

623 school district's facility space needs may not exceed the norm

624 space and occupant design criteria ~~established by the State~~

625 ~~Requirements for Educational Facilities.~~

626 2. Each Florida College System institution's survey must

627 reflect the capacity of existing facilities as specified in the

628 inventory maintained by the Department of Education. Projections

629 of facility space needs must comply with standards for

630 determining space needs as specified by rule of the State Board

631 of Education. The 5-year projection of capital outlay student

632 enrollment must be consistent with the annual report of capital

633 outlay full-time student enrollment prepared by the Department

634 of Education.

635 3. Each state university's survey must reflect the

636 capacity of existing facilities as specified in the inventory

637 maintained and validated by the Chancellor of the State

638 University System. Projections of facility space needs must be

639 consistent with standards for determining space needs as

640 specified by regulation of the Board of Governors. The projected

641 capital outlay full-time equivalent student enrollment must be

642 consistent with the 5-year planned enrollment cycle for the

643 State University System approved by the Board of Governors.

644 4. The district educational facilities plan of a school

645 district and the educational plant survey of a Florida College

646 System institution, state university, or the Florida School for

647 the Deaf and the Blind may include space needs that deviate from

648 approved standards for determining space needs if the deviation

649 is justified by the district or institution and approved by the

650 department or the Board of Governors, as appropriate, as

651 necessary for the delivery of an approved educational program.

652 (c) Review and validation.—The Department of Education

653 shall review and validate the surveys of school districts and

654 Florida College System institutions, and the Chancellor of the

655 State University System shall review and validate the surveys of

656 universities, and any amendments thereto for compliance with the

657 requirements of this chapter and shall recommend those in

658 compliance for approval by the State Board of Education or the

659 Board of Governors, as appropriate. The commissioner may

660 condition the receipt of fixed capital outlay funds provided

661 from general revenue or from state trust funds by district

662 school boards until such time as the district school board

663 submits a survey that accurately projects facilities needs as

664 ~~indicated by the Florida Inventory of School Houses,~~ as compared

665 with the district's capital outlay full-time equivalent

666 enrollment, as determined by the department.

667 ~~(d) Periodic update of Florida Inventory of School~~

668 ~~Houses.—School districts shall periodically update their~~

669 ~~inventory of educational facilities as new capacity becomes~~

670 ~~available and as unsatisfactory space is eliminated. The State~~

671 ~~Board of Education shall adopt rules to determine the timeframe~~

672 ~~in which districts must provide a periodic update.~~

673 Section 16. Subsection (3) of section 1013.33, Florida

674 Statutes, is amended to read:

675 1013.33 Coordination of planning with local governing

676 bodies.—

677 (3) A board and the local governing body must share and

678 coordinate information related to existing and planned school

679 facilities; proposals for development, redevelopment, or

680 additional development; and infrastructure required to support

681 the school facilities, concurrent with proposed development. A

682 school board shall use information produced by the demographic,

683 revenue, and education estimating conferences pursuant to s.

684 216.136 when preparing the district educational facilities plan

685 pursuant to s. 1013.35, as modified and agreed to by the local

686 governments, when provided by interlocal agreement, ~~and the~~

687 ~~Office of Educational Facilities,~~ in consideration of local

688 governments' population projections, to ensure that the district

689 educational facilities plan not only reflects enrollment

690 projections but also considers applicable municipal and county

691 growth and development projections. The projections must be

692 apportioned geographically with assistance from the local

693 governments using local government trend data and the school

694 district student enrollment data. A school board is precluded

695 from siting a new school in a jurisdiction where the school

696 board has failed to provide the annual educational facilities

697 plan for the prior year required pursuant to s. 1013.35 unless

698 the failure is corrected.

699 Section 17. Section 1013.35, Florida Statutes, is amended

700 to read:

701 1013.35 School district educational facilities plan;

702 definitions; preparation, adoption, and amendment; long-term

703 work programs.—

704 ~~(1) DEFINITIONS.—As used in this section, the term:~~

705 ~~(a) "Adopted educational facilities plan" means the~~

706 ~~comprehensive planning document that is adopted annually by the~~

707 ~~district school board as provided in subsection (2) and that~~

708 ~~contains the educational plant survey.~~

709 ~~(b) "District facilities work program" means the 5-year~~

710 ~~listing of capital outlay projects adopted by the district~~

711 ~~school board as provided in subparagraph (2)(a)2. and paragraph~~

712 ~~(2)(b) as part of the district educational facilities plan,~~

713 ~~which is required in order to:~~

714 ~~1. Properly maintain the educational plant and ancillary~~

715 ~~facilities of the district.~~

716 ~~2. Provide an adequate number of satisfactory student~~

717 ~~stations for the projected student enrollment of the district in~~

718 ~~K-12 programs.~~

719 ~~(c) "Tentative educational facilities plan" means the~~

720 ~~comprehensive planning document prepared annually by the~~

721 ~~district school board and submitted to the Office of Educational~~

722 ~~Facilities and the affected general-purpose local governments.~~

723 ~~(2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL~~

724 ~~FACILITIES PLAN.—~~

725 (1)(a) Annually, before ~~prior to~~ the adoption of the

726 district school budget, each district school board shall prepare

727 a tentative district educational facilities plan that includes

728 long-range planning for facilities needs over 5-year, 10-year,

729 and 20-year periods. The district school board shall submit the

730 tentative facilities plan to the department. ~~The plan must be~~

731 ~~developed in coordination with the general-purpose local~~

732 ~~governments and be consistent with the local government~~

733 ~~comprehensive plans. The school board's plan for provision of~~

734 ~~new schools must meet the needs of all growing communities in~~

735 ~~the district, ranging from small rural communities to large~~

736 ~~urban cities. The plan must include:~~

737 ~~1. Projected student populations apportioned~~

738 ~~geographically at the local level. The projections must be based~~

739 ~~on information produced by the demographic, revenue, and~~

740 ~~education estimating conferences pursuant to s. 216.136, where~~

741 ~~available, as modified by the district based on development data~~

742 ~~and agreement with the local governments and the Office of~~

743 ~~Educational Facilities. The projections must be apportioned~~

744 ~~geographically with assistance from the local governments using~~

745 ~~local development trend data and the school district student~~

746 ~~enrollment data.~~

747 ~~2. An inventory of existing school facilities. Any~~

748 ~~anticipated expansions or closures of existing school sites over~~

749 ~~the 5-year, 10-year, and 20-year periods must be identified. The~~

750 ~~inventory must include an assessment of areas proximate to~~

751 ~~existing schools and identification of the need for improvements~~

752 ~~to infrastructure, safety, including safe access routes, and~~

753 ~~conditions in the community. The plan must also provide a~~

754 ~~listing of major repairs and renovation projects anticipated~~

755 ~~over the period of the plan.~~

756 ~~3. Projections of facilities space needs, which may not~~

757 ~~exceed the norm space and occupant design criteria established~~

758 ~~in the State Requirements for Educational Facilities.~~

759 ~~4. Information on leased, loaned, and donated space and~~

760 ~~relocatables used for conducting the district's instructional~~

761 ~~programs.~~

762 ~~5. The general location of public schools proposed to be~~

763 ~~constructed over the 5-year, 10-year, and 20-year time periods,~~

764 ~~including a listing of the proposed schools' site acreage needs~~

765 ~~and anticipated capacity and maps showing the general locations.~~

766 ~~The school board's identification of general locations of future~~

767 ~~school sites must be based on the school siting requirements of~~

768 ~~s. 163.3177(6)(a) and policies in the comprehensive plan which~~

769 ~~provide guidance for appropriate locations for school sites.~~

770 ~~6. The identification of options deemed reasonable and~~

771 ~~approved by the school board which reduce the need for~~

772 ~~additional permanent student stations. Such options may include,~~

773 ~~but need not be limited to:~~

774 ~~a. Acceptable capacity;~~

775 ~~b. Redistricting;~~

776 ~~c. Busing;~~

777 ~~d. Year-round schools;~~

778 ~~e. Charter schools;~~

779 ~~f. Magnet schools; and~~

780 ~~g. Public-private partnerships.~~

781 ~~7. The criteria and method, jointly determined by the~~

782 ~~local government and the school board, for determining the~~

783 ~~impact of proposed development to public school capacity.~~

784 ~~(b) The plan must also include a financially feasible~~

785 ~~district facilities work program for a 5-year period. The work~~

786 ~~program must include:~~

787 ~~1. A schedule of major repair and renovation projects~~

788 ~~necessary to maintain the educational facilities and ancillary~~

789 ~~facilities of the district.~~

790 ~~2. A schedule of capital outlay projects necessary to~~

791 ~~ensure the availability of satisfactory student stations for the~~

792 ~~projected student enrollment in K-12 programs. This schedule~~

793 ~~shall consider:~~

794 ~~a. The locations, capacities, and planned utilization~~

795 ~~rates of current educational facilities of the district. The~~

796 ~~capacity of existing satisfactory facilities, as reported in the~~

797 ~~Florida Inventory of School Houses must be compared to the~~

798 ~~capital outlay full-time-equivalent student enrollment as~~

799 ~~determined by the department, including all enrollment used in~~

800 ~~the calculation of the distribution formula in s. 1013.64.~~

801 ~~b. The proposed locations of planned facilities, whether~~

802 ~~those locations are consistent with the comprehensive plans of~~

803 ~~all affected local governments, and recommendations for~~

804 ~~infrastructure and other improvements to land adjacent to~~

805 ~~existing facilities. The provisions of ss. 1013.33(6), (7), and~~

806 ~~(8) and 1013.36 must be addressed for new facilities planned~~

807 ~~within the first 3 years of the work plan, as appropriate.~~

808 ~~c. Plans for the use and location of relocatable~~

809 ~~facilities, leased facilities, and charter school facilities.~~

810 ~~d. Plans for multitrack scheduling, grade level~~

811 ~~organization, block scheduling, or other alternatives that~~

812 ~~reduce the need for additional permanent student stations.~~

813 ~~e. Information concerning average class size and~~

814 ~~utilization rate by grade level within the district which will~~

815 ~~result if the tentative district facilities work program is~~

816 ~~fully implemented.~~

817 ~~f. The number and percentage of district students planned~~

818 ~~to be educated in relocatable facilities during each year of the~~

819 ~~tentative district facilities work program. For determining~~

820 ~~future needs, student capacity may not be assigned to any~~

821 ~~relocatable classroom that is scheduled for elimination or~~

822 ~~replacement with a permanent educational facility in the current~~

823 ~~year of the adopted district educational facilities plan and in~~

824 ~~the district facilities work program adopted under this section.~~

825 ~~Those relocatable classrooms clearly identified and scheduled~~

826 ~~for replacement in a school-board-adopted, financially feasible,~~

827 ~~5-year district facilities work program shall be counted at zero~~

828 ~~capacity at the time the work program is adopted and approved by~~

829 ~~the school board. However, if the district facilities work~~

830 ~~program is changed and the relocatable classrooms are not~~

831 ~~replaced as scheduled in the work program, the classrooms must~~

832 ~~be reentered into the system and be counted at actual capacity.~~

833 ~~Relocatable classrooms may not be perpetually added to the work~~

834 ~~program or continually extended for purposes of circumventing~~

835 ~~this section. All relocatable classrooms not identified and~~

836 ~~scheduled for replacement, including those owned, lease-~~

837 ~~purchased, or leased by the school district, must be counted at~~

838 ~~actual student capacity. The district educational facilities~~

839 ~~plan must identify the number of relocatable student stations~~

840 ~~scheduled for replacement during the 5-year survey period and~~

841 ~~the total dollar amount needed for that replacement.~~

842 ~~g. Plans for the closure of any school, including plans~~

843 ~~for disposition of the facility or usage of facility space, and~~

844 ~~anticipated revenues.~~

845 ~~h. Projects for which capital outlay and debt service~~

846 ~~funds accruing under s. 9(d), Art. XII of the State Constitution~~

847 ~~are to be used shall be identified separately in priority order~~

848 ~~on a project priority list within the district facilities work~~

849 ~~program.~~

850 ~~3. The projected cost for each project identified in the~~

851 ~~district facilities work program. For proposed projects for new~~

852 ~~student stations, a schedule shall be prepared comparing the~~

853 ~~planned cost and square footage for each new student station, by~~

854 ~~elementary, middle, and high school levels, to the low, average,~~

855 ~~and high cost of facilities constructed throughout the state~~

856 ~~during the most recent fiscal year for which data is available~~

857 ~~from the Department of Education.~~

858 ~~4. A schedule of estimated capital outlay revenues from~~

859 ~~each currently approved source which is estimated to be~~

860 ~~available for expenditure on the projects included in the~~

861 ~~district facilities work program.~~

862 ~~5. A schedule indicating which projects included in the~~

863 ~~district facilities work program will be funded from current~~

864 ~~revenues projected in subparagraph 4.~~

865 ~~6. A schedule of options for the generation of additional~~

866 ~~revenues by the district for expenditure on projects identified~~

867 ~~in the district facilities work program which are not funded~~

868 ~~under subparagraph 5. Additional anticipated revenues may~~

869 ~~include Classrooms First funds.~~

870 ~~(c) To the extent available, the tentative district~~

871 ~~educational facilities plan shall be based on information~~

872 ~~produced by the demographic, revenue, and education estimating~~

873 ~~conferences pursuant to s. 216.136.~~

874 (2)(d) Provision shall be made for public comment

875 concerning the tentative district educational facilities plan.

876 ~~(e) The district school board shall coordinate with each~~

877 ~~affected local government to ensure consistency between the~~

878 ~~tentative district educational facilities plan and the local~~

879 ~~government comprehensive plans of the affected local governments~~

880 ~~during the development of the tentative district educational~~

881 ~~facilities plan.~~

882 (3)(f) Not less than once every 5 years, the district

883 school board shall have an audit conducted of the district's

884 educational planning and construction activities. An operational

885 audit conducted by the Auditor General pursuant to s. 11.45

886 satisfies this requirement.

887 (4)(3) ~~SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL~~

888 ~~FACILITIES PLAN TO LOCAL GOVERNMENT.—The~~ district school board

889 shall submit a copy of its tentative district educational

890 facilities plan to all affected local governments before ~~prior~~

891 to adoption by the board. The affected local governments shall

892 review the tentative district educational facilities plan and

893 comment to the district school board on the consistency of the

894 plan with the local comprehensive plan, whether a comprehensive

895 plan amendment will be necessary for any proposed educational

896 facility, and whether the local government supports a necessary

897 comprehensive plan amendment. If the local government does not

898 support a comprehensive plan amendment for a proposed

899 educational facility, the matter shall be resolved pursuant to

900 the interlocal agreement when required by ss. 163.3177(6)(h),

901 163.31777, and 1013.33(2). The process for the submittal and

902 review shall be detailed in the interlocal agreement when

903 required pursuant to ss. 163.3177(6)(h), 163.31777, and

904 1013.33(2).

905 (5)(4) ~~ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.—~~

906 Annually, the district school board shall consider and adopt the

907 tentative district educational facilities plan ~~completed~~

908 ~~pursuant to subsection (2).~~ Upon giving proper notice to the

909 public and local governments and opportunity for public comment,

910 the district school board may amend the plan to revise the

911 priority of projects, to add or delete projects, to reflect the

912 impact of change orders, or to reflect the approval of new

913 revenue sources which may become available. The adopted district

914 educational facilities plan shall:

915 (a) Be a complete, balanced, and financially feasible

916 capital outlay financial plan for the district.

917 (b) Set forth the proposed commitments and planned

918 expenditures of the district to address the educational

919 facilities needs of its students and to adequately provide for

920 the maintenance of the educational plant and ancillary

921 facilities, including safe access ways from neighborhoods to

922 schools.

923 (6)(5) ~~EXECUTION OF ADOPTED DISTRICT EDUCATIONAL~~

924 ~~FACILITIES PLAN.—The~~ first year of the adopted district

925 educational facilities plan shall constitute the capital outlay

926 budget required in s. 1013.61. ~~The adopted district educational~~

927 ~~facilities plan shall include the information required in~~

928 ~~subparagraphs (2)(b)1., 2., and 3., based upon projects actually~~

929 ~~funded in the plan.~~ Section 18. Section 1013.356, Florida Statutes, is amended

931 to read:

932 1013.356 Local funding for educational facilities benefit

933 districts or community development districts.—Upon confirmation

934 by a district school board of the commitment of revenues by an

935 educational facilities benefit district or community development

936 district necessary to construct and maintain an educational

937 facility ~~contained within an individual district facilities work~~

938 ~~program or~~ proposed by an approved charter school or a charter

939 school applicant, the following funds shall be provided to the

940 educational facilities benefit district or community development

941 district annually, beginning with the next fiscal year after

942 confirmation until the district's financial obligations are

943 completed:

944 (1) All educational facilities impact fee revenue

945 collected for new development within the educational facilities

946 benefit district or community development district. Funds

947 provided under this subsection shall be used to fund the

948 construction and capital maintenance costs of educational

949 facilities.

950 (2) For construction and capital maintenance costs not

951 covered by the funds provided under subsection (1), an annual

952 amount contributed by the district school board equal to one-

953 half of the remaining costs of construction and capital

954 maintenance of the educational facility. Any construction costs

955 above the cost-per-student criteria established in s.

956 1013.64(6)(b)1. shall be funded exclusively by the educational

957 facilities benefit district or the community development

958 district. Funds contributed by a district school board shall not

959 be used to fund operational costs.

961 Educational facilities funded pursuant to this act may be

962 constructed on land that is owned by any person after the

963 district school board has acquired from the owner of the land a

964 long-term lease for the use of this land for a period of not

965 less than 40 years or the life expectancy of the permanent

966 facilities constructed thereon, whichever is longer. All

967 interlocal agreements entered into pursuant to this act shall

968 provide for ownership of educational facilities funded pursuant

969 to this act to revert to the district school board if such

970 facilities cease to be used for public educational purposes

971 prior to 40 years after construction or prior to the end of the

972 life expectancy of the educational facilities, whichever is

973 longer.

974 Section 19. Subsection (5) of section 1013.37, Florida

975 Statutes, is renumbered as subsection (3), paragraphs (a) and

976 (e) of subsection (1) and subsections (2), (3), and (4) of that

977 section are amended to read:

978 1013.37 State uniform building code for public educational

979 facilities construction.—

980 (1) UNIFORM BUILDING CODE.—A uniform statewide building

981 code for the planning and construction of public educational and

982 ancillary plants by district school boards and Florida College

983 System institution district boards of trustees shall be adopted

984 by the Florida Building Commission within the Florida Building

985 Code, pursuant to s. 553.73. Included in this code must be flood

986 plain management criteria in compliance with the rules and

987 regulations in 44 C.F.R. parts 59 and 60, and subsequent

988 revisions thereto which are adopted by the Federal Emergency

989 Management Agency. It is also the responsibility of the

990 department to develop, as a part of the uniform building code,

991 standards relating to:

992 (a) Prefabricated facilities or factory-built facilities

993 that are designed to be portable, relocatable, demountable, or

994 reconstructible; are used primarily as classrooms; and do not

995 fall under the provisions of ss. 320.822-320.862. Such standards

996 must permit boards to contract with the Department of Business

997 and Professional Regulation for factory inspections by certified

998 building code inspectors to certify conformance with applicable

999 law and rules. ~~The standards must comply with the requirements~~

1000 ~~of s. 1013.20 for relocatable facilities intended for long-term~~

1001 ~~use as classroom space, and~~ The relocatable facilities shall be

1002 designed subject to missile impact criteria of Section

1003 423(24)(d)(1) of the Florida Building Code when located in the

1004 windborne debris region.

1005 (e) The performance of life-cycle cost analyses on

1006 alternative architectural and engineering designs to evaluate

1007 their energy efficiencies.

1008 1. The life-cycle cost analysis must consist of the sum

1009 of:

1010 a. The reasonably expected fuel costs over the life of the

1011 building which are required to maintain illumination, water

1012 heating, temperature, humidity, ventilation, and all other

1013 energy-consuming equipment in a facility; and

1014 b. The reasonable costs of probable maintenance, including

1015 labor and materials, and operation of the building.

1016 2. For computation of the life-cycle costs, the department

1017 shall develop standards that must include, but need not be

1018 limited to:

1019 a. The orientation and integration of the facility with

1020 respect to its physical site.

1021 b. The amount and type of glass employed in the facility

1022 and the directions of exposure.

1023 c. The effect of insulation incorporated into the facility

1024 design and the effect on solar utilization of the properties of

1025 external surfaces.

1026 d. The variable occupancy and operating conditions of the

1027 facility and subportions of the facility.

1028 e. An energy-consumption analysis of the major equipment

1029 of the facility's heating, ventilating, and cooling system;

1030 lighting system; and hot water system and all other major

1031 energy-consuming equipment and systems as appropriate.

1032 ~~3. Life-cycle cost criteria published by the Department of~~

1033 ~~Education for use in evaluating projects.~~

1034 3.4. Standards for construction materials and systems

1035 based on life-cycle costs that consider initial costs,

1036 maintenance costs, custodial costs, operating costs, and life

1037 expectancy. The standards may include multiple acceptable

1038 materials. It is the intent of the Legislature to require

1039 district school boards to comply with these standards when

1040 expending funds from the Public Education Capital Outlay and

1041 Debt Service Trust Fund or the School District and Community

1042 College District Capital Outlay and Debt Service Trust Fund and

1043 to prohibit district school boards from expending local capital

1044 outlay revenues for any project that includes materials or

1045 systems that do not comply with these standards, unless the

1046 district school board submits evidence that alternative

1047 materials or systems meet or exceed standards developed by the

1048 department.

1050 It is not a purpose of the Florida Building Code to inhibit the

1051 use of new materials or innovative techniques; nor may it

1052 specify or prohibit materials by brand names. The code must be

1053 flexible enough to cover all phases of construction so as to

1054 afford reasonable protection for the public safety, health, and

1055 general welfare. The department may secure the service of other

1056 state agencies or such other assistance as it finds desirable in

1057 recommending to the Florida Building Commission revisions to the

1058 code.

1059 (2) APPROVAL.—

1060 (a) Before a contract has been let for the construction,

1061 the department, the district school board, the Florida College

1062 System institution board, or its authorized review agent must

1063 approve the phase III construction documents. A district school

1064 board or a Florida College System institution board may reuse

1065 prototype plans on another site, provided the facilities list

1066 and phase III construction documents have been updated for the

1067 new site and for compliance with the Florida Building Code and

1068 the Florida Fire Prevention Code and any laws relating to

1069 firesafety, health and sanitation, casualty safety, and

1070 requirements for the physically handicapped which are in effect

1071 at the time a construction contract is to be awarded.

1072 (b) In reviewing plans for approval, ~~the department,~~ the

1073 district school board, the Florida College System institution

1074 board, or its review agent as authorized in s. 1013.38, shall

1075 take into consideration:

1076 1. The need for the new facility.

1077 2. The educational and ancillary plant planning.

1078 3. The architectural and engineering planning.

1079 4. The location on the site.

1080 5. Plans for future expansion.

1081 6. The type of construction.

1082 7. Sanitary provisions.

1083 8. Conformity to Florida Building Code standards.

1084 9. The structural design and strength of materials

1085 proposed to be used.

1086 10. The mechanical design of any heating, air-

1087 conditioning, plumbing, or ventilating system. Typical heating,

1088 ventilating, and air-conditioning systems preapproved by the

1089 department for specific applications may be used in the design

1090 of educational facilities.

1091 11. The electrical design of educational plants.

1092 12. The energy efficiency and conservation of the design.

1093 13. Life-cycle cost considerations.

1094 14. The design to accommodate physically handicapped

1095 persons.

1096 15. The ratio of net to gross square footage.

1097 16. The proposed construction cost per gross square foot.

1098 17. Conformity with the Florida Fire Prevention Code.

1099 (c) The district school board or the Florida College

1100 System institution board may not occupy a facility until the

1101 project has been inspected to verify compliance with statutes,

1102 rules, and codes affecting the health and safety of the

1103 occupants. Verification of compliance with rules, statutes, and

1104 codes for nonoccupancy projects such as roofing, paving, site

1105 improvements, or replacement of equipment may be certified by

1106 the architect or engineer of record, and verification of

1107 compliance for other projects may be made by an inspector

1108 ~~certified by the department or~~ certified pursuant to chapter 468

1109 who is not the architect or engineer of record. The board shall

1110 maintain a record of the project's completion and permanent

1111 archive of phase III construction documents, including any

1112 addenda and change orders to the project. The boards shall

1113 provide project data to the department, as requested, for

1114 purposes and reports needed by the Legislature.

1115 ~~(3) REVIEW PROCEDURE.—The Commissioner of Education shall~~

1116 ~~cooperate with the Florida Building Commission in addressing all~~

1117 ~~questions, disputes, or interpretations involving the provisions~~

1118 ~~of the Florida Building Code which govern the construction of~~

1119 ~~public educational and ancillary facilities, and any objections~~

1120 ~~to decisions made by the inspectors or the department must be~~

1121 ~~submitted in writing.~~

1122 ~~(4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The~~

1123 ~~department shall biennially review and recommend to the Florida~~

1124 ~~Building Commission updates and revisions to the provisions of~~

1125 ~~the Florida Building Code which govern the construction of~~

1126 ~~public educational and ancillary facilities. The department~~

1127 ~~shall publish and make available to each board at no cost copies~~

1128 ~~of the State Requirements for Educational Facilities and each~~

1129 ~~amendment and revision thereto. The department shall make~~

1130 ~~additional copies available to all interested persons at a price~~

1131 ~~sufficient to recover costs.~~

1132 Section 20. Paragraph (a) of subsection (1) and subsection

1133 (2) of section 1013.371, Florida Statutes, are amended to read:

1134 1013.371 Conformity to codes.—

1135 (1) CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE

1136 PREVENTION CODE REQUIRED FOR APPROVAL.—

1137 (a) Except as otherwise provided in paragraph (b), all

1138 public educational and ancillary plants constructed by a board

1139 must conform to the Florida Building Code and the Florida Fire

1140 Prevention Code, and the plants are exempt from all other state

1141 building codes; county, municipal, or other local amendments to

1142 the Florida Building Code and local amendments to the Florida

1143 Fire Prevention Code; building permits, and assessments of fees

1144 for building permits, except as provided in s. 553.80;

1145 ordinances; road closures; and impact fees or service

1146 availability fees. Any inspection by local or state government

1147 must be based on the Florida Building Code and the Florida Fire

1148 Prevention Code. Each board shall provide for periodic

1149 inspection of the proposed educational plant during each phase

1150 of construction to determine compliance with the Florida

1151 Building Code and, the Florida Fire Prevention Code, ~~and the~~

1152 ~~State Requirements for Educational Facilities.~~

1153 (2) ENFORCEMENT BY BOARD.—It is the responsibility of each

1154 board to ensure that all plans and educational and ancillary

1155 plants meet the standards of the Florida Building Code and the

1156 Florida Fire Prevention Code and to provide for the enforcement

1157 of these codes in the areas of its jurisdiction. Each board

1158 shall provide for the proper supervision and inspection of the

1159 work. Each board may employ a chief building official and such

1160 other inspectors, who have been certified pursuant to chapter

1161 468, and a fire official and such other inspectors, who have

1162 been certified pursuant to chapter 633, and such personnel as

1163 necessary to administer and enforce the provisions of such

1164 codes. Boards may also use local building department inspectors

1165 who are certified by the department to enforce the Florida

1166 Building Code ~~and the State Requirements for Educational~~

1167 ~~Facilities.~~ Boards may also use local county, municipal, or

1168 independent special fire control district firesafety inspectors

1169 who are certified by the State Fire Marshal to conduct reviews

1170 of site plans and inspections and to enforce the Florida Fire

1171 Prevention Code. Plans or facilities that fail to meet the

1172 standards of the Florida Building Code or the Florida Fire

1173 Prevention Code may not be approved. When planning for and

1174 constructing an educational, auxiliary, or ancillary facility, a

1175 board must use construction materials and systems that meet

1176 standards adopted pursuant to s. 1013.37(1)(e)3. ~~and 4.~~ If the

1177 planned or actual construction of a facility deviates from the

1178 adopted standards, the board must, at a public hearing, quantify

1179 and compare the costs of constructing the facility with the

1180 proposed deviations and in compliance with the adopted standards

1181 and the Florida Building Code. The board must explain the reason

1182 for the proposed deviations and compare how the total

1183 construction costs and projected life-cycle costs of the

1184 facility or component system of the facility would be affected

1185 by implementing the proposed deviations rather than using

1186 materials and systems that meet the adopted standards.

1187 Section 21. Subsections (3) and (4) of section 1013.41,

1188 Florida Statutes, are amended to read:

1189 1013.41 SMART schools; Classrooms First; legislative

1190 purpose.—

1191 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the

1192 purpose of the Legislature to create s. 1013.35, requiring each

1193 school district annually to adopt an educational facilities plan

1194 that provides an integrated long-range facilities plan,

1195 including the survey of projected needs and the 5-year work

1196 program. The purpose of the educational facilities plan is to

1197 keep the district school board, local governments, and the

1198 public fully informed as to whether the district is using sound

1199 policies and practices that meet the essential needs of students

1200 and that warrant public confidence in district operations. The

1201 educational facilities plan will be monitored by the department

1202 ~~the Office of Educational Facilities, which will also apply~~

1203 ~~performance standards pursuant to s. 1013.04.~~

1204 ~~(4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of~~

1205 ~~the Legislature to require the Office of Educational Facilities~~

1206 ~~to assist school districts in building SMART schools utilizing~~

1207 ~~functional and frugal practices. The Office of Educational~~

1208 ~~Facilities must review district facilities work programs and~~

1209 ~~projects and identify opportunities to maximize design and~~

1210 ~~construction savings; develop school district facilities work~~

1211 ~~program performance standards; and provide for review and~~

1212 ~~recommendations to the Governor, the Legislature, and the State~~

1213 ~~Board of Education.~~

1214 Section 22. Subsection (4) of section 1013.45, Florida Statutes, is amended to read:

1216 1013.45 Educational facilities contracting and

1217 construction techniques for school districts and Florida College

1218 System institutions.—

1219 (4) Except as otherwise provided in this section and s.

1220 481.229, the services of a registered architect must be used for

1221 the development of plans for the erection, enlargement, or

1222 alteration of any educational facility. The services of a

1223 registered architect are not required for a minor renovation

1224 project for which the construction cost is less than $50,000 or

1225 for the placement or hookup of relocatable educational

1226 facilities that conform to standards adopted under s. 1013.37.

1227 However, boards must provide compliance with building code

1228 requirements and ensure that these structures are adequately

1229 anchored for wind resistance as required by law. ~~A district~~

1230 ~~school board shall reuse existing construction documents or~~

1231 ~~design criteria packages if such reuse is feasible and~~

1232 ~~practical. If a school district's 5-year educational facilities~~

1233 ~~work plan includes the construction of two or more new schools~~

1234 ~~for students in the same grade group and program, such as~~

1235 ~~elementary, middle, or high school, the district school board~~

1236 ~~must require that prototype design and construction be used for~~

1237 ~~the construction of these schools.~~ Notwithstanding s. 287.055, a

1238 board may purchase the architectural services for the design of

1239 educational or ancillary facilities under an existing contract

1240 agreement for professional services held by a district school

1241 board in the State of Florida, provided that the purchase is to

1242 the economic advantage of the purchasing board, ~~the services~~

1243 ~~conform to the standards prescribed by rules of the State Board~~

1244 ~~of Education,~~ and such reuse is not without notice to, and

1245 permission from, the architect of record whose plans or design

1246 criteria are being reused. ~~Plans must be reviewed for compliance~~

1247 ~~with the State Requirements for Educational Facilities. Rules~~

1248 ~~adopted under this section must establish uniform~~

1249 ~~prequalification, selection, bidding, and negotiation procedures~~

1250 ~~applicable to construction management contracts and the design-~~

1251 ~~build process.~~ This section does not supersede any small, woman-

1252 owned, or minority-owned business enterprise preference program

1253 adopted by a board. Except as otherwise provided in this

1254 section, the negotiation procedures applicable to construction

1255 management contracts and the design-build process must conform

1256 to the requirements of s. 287.055. A board may not modify any

1257 rules regarding construction management contracts or the design-

1258 build process.

1259 Section 23. Section 1013.451, Florida Statutes, is

1260 repealed.

1261 Section 24. Paragraph (a) of subsection (3) of section

1262 1013.62, Florida Statutes, is amended to read:

1263 1013.62 Charter schools capital outlay funding.—

1264 (3) If the school board levies the discretionary millage

1265 authorized in s. 1011.71(2), the department shall use the

1266 following calculation methodology to determine the amount of

1267 revenue that a school district must distribute to each eligible

1268 charter school:

1269 (a) Reduce the total discretionary millage revenue by the

1270 school district's annual debt service obligation incurred as of

1271 March 1, 2017, which has not been subsequently retired, and any

1272 amount of participation requirement pursuant to s.

1273 1013.64(2)(a)5. ~~s. 1013.64(2)(a)8.~~ that is being satisfied by

1274 revenues raised by the discretionary millage.

1276 By October 1 of each year, each school district shall certify to

1277 the department the amount of debt service and participation

1278 requirement that complies with the requirement of paragraph (a)

1279 and can be reduced from the total discretionary millage revenue.

1280 The Auditor General shall verify compliance with the

1281 requirements of paragraph (a) and s. 1011.71(2)(e) during

1282 scheduled operational audits of school districts.

1283 Section 25. Paragraph (e) of subsection (1), paragraphs

1284 (a) and (b) of subsection (2), paragraphs (b) and (d) of

1285 subsection (3), paragraph (b) of subsection (5), and paragraphs

1286 (b) and (d) of subsection (6) of section 1013.64, Florida

1287 Statutes, are amended to read:

1288 1013.64 Funds for comprehensive educational plant needs;

1289 construction cost maximums for school district capital

1290 projects.—Allocations from the Public Education Capital Outlay

1291 and Debt Service Trust Fund to the various boards for capital

1292 outlay projects shall be determined as follows:

1293 (1)

1294 (e) Remodeling projects shall be based on the

1295 recommendations of a survey pursuant to s. 1013.31 or, for

1296 district school boards, as indicated by the relative need as the

1297 capital outlay full-time equivalent enrollment in the district.

1298 (2)(a) The department shall establish, as a part of the

1299 Public Education Capital Outlay and Debt Service Trust Fund, a

1300 separate account, in an amount determined by the Legislature, to

1301 be known as the "Special Facility Construction Account." The

1302 Special Facility Construction Account shall be used to provide

1303 necessary construction funds to school districts which have

1304 urgent construction needs but which lack sufficient resources at

1305 present, and cannot reasonably anticipate sufficient resources

1306 within the period of the next 3 years, for these purposes from

1307 currently authorized sources of capital outlay revenue. A school

1308 district requesting funding from the Special Facility

1309 Construction Account shall submit one specific construction

1310 project, not to exceed one complete educational plant, to the

1311 Special Facility Construction Committee. A district may not

1312 receive funding for more than one approved project in any 3-year

1313 period or while any portion of the district's participation

1314 requirement is outstanding. The first year of the 3-year period

1315 shall be the first year a district receives an appropriation.

1316 The department shall encourage a construction program that

1317 reduces the average size of schools in the district. The request

1318 must meet the following criteria to be considered by the

1319 committee:

1320 1. The project must be deemed a critical need and must be

1321 recommended for funding by the Special Facility Construction

1322 Committee. Before developing construction plans for the proposed

1323 facility, the district school board must request a

1324 preapplication review by the Special Facility Construction

1325 Committee or a project review subcommittee convened by the chair

1326 of the committee to include two representatives of the

1327 department and two staff members from school districts not

1328 eligible to participate in the program. A school district may

1329 request a preapplication review at any time; however, if the

1330 district school board seeks inclusion in the department's next

1331 annual capital outlay legislative budget request, the

1332 preapplication review request must be made before February 1.

1333 Within 90 days after receiving the preapplication review

1334 request, the committee or subcommittee must meet in the school

1335 district to review the project proposal and existing facilities.

1336 To determine whether the proposed project is a critical need,

1337 the committee or subcommittee shall consider, at a minimum, the

1338 capacity of all existing facilities ~~within the district as~~

1339 ~~determined by the Florida Inventory of School Houses;~~ the

1340 district's pattern of student growth; the district's existing

1341 and projected capital outlay full-time equivalent student

1342 enrollment as determined by the demographic, revenue, and

1343 education estimating conferences established in s. 216.136; the

1344 district's existing satisfactory student stations; the use of

1345 all existing district property and facilities; grade level

1346 configurations; and any other information that may affect the

1347 need for the proposed project.

1348 ~~2. The construction project must be recommended in the~~

1349 ~~most recent survey or survey amendment cooperatively prepared by~~

1350 ~~the district and the department, and approved by the department~~

1351 ~~under the rules of the State Board of Education. If a district~~

1352 ~~employs a consultant in the preparation of a survey or survey~~

1353 ~~amendment, the consultant may not be employed by or receive~~

1354 ~~compensation from a third party that designs or constructs a~~

1355 ~~project recommended by the survey.~~

1356 2.3. The construction project must appear on the

1357 district's approved project priority list under the rules of the

1358 State Board of Education.

1359 3.4. The district must have selected and had approved a

1360 site for the construction project in compliance with s. 1013.36

1361 and the rules of the State Board of Education.

1362 ~~5. The district shall have developed a district school~~

1363 ~~board adopted list of facilities that do not exceed the norm for~~

1364 ~~net square feet occupancy requirements under the State~~

1365 ~~Requirements for Educational Facilities, using all possible~~

1366 ~~programmatic combinations for multiple use of space to obtain~~

1367 ~~maximum daily use of all spaces within the facility under~~

1368 ~~consideration.~~

1369 ~~6. Upon construction, the total cost per student station,~~

1370 ~~including change orders, must not exceed the cost per student~~

1371 ~~station as provided in subsection (6) unless approved by the~~

1372 ~~Special Facility Construction Committee. At the discretion of~~

1373 ~~the committee, costs that exceed the cost per student station~~

1374 ~~for special facilities may include legal and administrative~~

1375 ~~fees, the cost of site improvements or related offsite~~

1376 ~~improvements, the cost of complying with public shelter and~~

1377 ~~hurricane hardening requirements, cost overruns created by a~~

1378 ~~disaster as defined in s. 252.34(2), costs of security~~

1379 ~~enhancements approved by the school safety specialist, and~~

1380 ~~unforeseeable circumstances beyond the district's control.~~

1381 4.7. There shall be an agreement signed by the district

1382 school board stating that it will advertise for bids within 30

1383 days of receipt of its encumbrance authorization from the

1384 department.

1385 5.8. For construction projects for which Special

1386 Facilities Construction Account funding is sought before the

1387 2019-2020 fiscal year, the district shall, at the time of the

1388 request and for a continuing period necessary to meet the

1389 district's participation requirement, levy the maximum millage

1390 against its nonexempt assessed property value as allowed in s.

1391 1011.71(2) or shall raise an equivalent amount of revenue from

1392 the school capital outlay surtax authorized under s. 212.055(6).

1393 Beginning with construction projects for which Special

1394 Facilities Construction Account funding is sought in the 2019-

1395 2020 fiscal year, the district shall, for a minimum of 3 years

1396 before submitting the request and for a continuing period

1397 necessary to meet its participation requirement, levy the

1398 maximum millage against the district's nonexempt assessed

1399 property value as authorized under s. 1011.71(2) or shall raise

1400 an equivalent amount of revenue from the school capital outlay

1401 surtax authorized under s. 212.055(6). Any district with a new

1402 or active project, funded under the provisions of this

1403 subsection, shall be required to budget no more than the value

1404 of 1 mill per year to the project until the district's

1405 participation requirement relating to the local discretionary

1406 capital improvement millage or the equivalent amount of revenue

1407 from the school capital outlay surtax is satisfied.

1408 6.9. If a contract has not been signed 90 days after the

1409 advertising of bids, the funding for the specific project shall

1410 revert to the Special Facility New Construction Account to be

1411 reallocated to other projects on the list. However, an

1412 additional 90 days may be granted by the commissioner.

1413 ~~7.10.~~ The department shall certify the inability of the

1414 district to fund the ~~survey-recommended~~ project over a

1415 continuous 3-year period using projected capital outlay revenue

1416 derived from s. 9(d), Art. XII of the State Constitution, as

1417 amended, paragraph (3)(a) of this section, and s. 1011.71(2).

1418 ~~8.11.~~ The district shall have on file with the department

1419 an adopted resolution acknowledging its commitment to satisfy

1420 its participation requirement, which is equivalent to all

1421 unencumbered and future revenue acquired from s. 9(d), Art. XII

1422 of the State Constitution, as amended, paragraph (3)(a) of this

1423 section, and s. 1011.71(2), in the year of the initial

1424 appropriation and for the 2 years immediately following the

1425 initial appropriation.

1426 ~~9.12.~~ Phase I plans must be approved by the district

1427 school board as being in compliance with the building and life

1428 safety codes before June 1 of the year the application is made.

1429 (b) The Special Facility Construction Committee shall be

1430 composed of the following: one representative ~~two~~

1431 ~~representatives~~ of the Department of Education, a representative

1432 from the Governor's office, a representative of the Legislature,

1433 a representative selected annually by the district school boards

1434 who is from a school district that is not eligible for special

1435 facility funding, and a representative selected annually by the

1436 superintendents who is from a school district that is not

1437 eligible for special facility funding. A representative of the

1438 department shall chair the committee.

1439 (3)

1440 (b) The capital outlay full-time equivalent membership

1441 shall be determined by counting the reported unweighted full-

1442 time equivalent student membership for the second and third

1443 surveys with each survey limited to 0.5 full-time equivalent

1444 student membership per student and comparing the results on a

1445 school-by-school basis ~~with the Florida Inventory of School~~

1446 ~~Houses.~~

1447 (d) Funds accruing to a district school board from the

1448 provisions of this section shall be expended on needed projects

1449 ~~as shown by survey or surveys under the rules of the State Board~~

1450 ~~of Education.~~

1451 (5) District school boards shall identify each fund source

1452 and the use of each proportionate to the project cost, as

1453 identified in the bid document, to assure compliance with this

1454 section. The data shall be submitted to the department, which

1455 shall track this information as submitted by the boards. PECO

1456 funds shall not be expended as indicated in the following:

1457 (b) PECO funds shall not be used for the construction of

1458 football fields, bleachers, site lighting for athletic

1459 facilities, tennis courts, stadiums, racquetball courts, or any

1460 other competition-type facilities not required for physical

1461 education curriculum. Regional or intradistrict football

1462 stadiums may be constructed with these funds provided a minimum

1463 of two high schools and two middle schools are assigned to the

1464 facility ~~and the stadiums are survey recommended.~~ Sophisticated

1465 auditoria shall be limited to magnet performing arts schools,

1466 with all other schools using basic lighting and sound systems as

1467 determined by rule. Local funds shall be used for enhancement of

1468 athletic and performing arts facilities.

1469 (6)

1470 (b)1. A district school board may not use funds from the

1471 following sources: Public Education Capital Outlay and Debt

1472 Service Trust Fund; School District and Community College

1473 District Capital Outlay and Debt Service Trust Fund; Classrooms

1474 First Program funds provided in s. 1013.68; nonvoted 1.5-mill

1475 levy of ad valorem property taxes provided in s. 1011.71(2);

1476 Classrooms for Kids Program funds provided in s. 1013.735;

1477 District Effort Recognition Program funds provided in s.

1478 1013.736; or High Growth District Capital Outlay Assistance

1479 Grant Program funds provided in s. 1013.738 to pay for any

1480 portion of the cost of any new construction of educational plant

1481 space with a total cost per student station, including change

1482 orders, which exceeds:

1483 a. $17,952 for an elementary school;

1484 b. $19,386 for a middle school; or

1485 c. $25,181 for a high school,

1487 (January 2006) as adjusted annually to reflect increases or

1488 decreases using a construction specific market index ~~in the~~

1489 ~~Consumer Price Index. The department, in conjunction with the~~

1490 ~~Office of Economic and Demographic Research, shall review and~~

1491 ~~adjust the cost per student station limits to reflect actual~~

1492 ~~construction costs by January 1, 2020, and annually thereafter.~~

1493 ~~The adjusted cost per student station shall be used by the~~

1494 ~~department for computation of the statewide average costs per~~

1495 ~~student station for each instructional level pursuant to~~

1496 ~~paragraph (d). The department shall also collaborate with the~~

1497 ~~Office of Economic and Demographic Research to select an~~

1498 ~~industry-recognized construction index to replace the Consumer~~

1499 ~~Price Index by January 1, 2020, adjusted annually to reflect~~

1500 ~~changes in the construction index.~~

1501 2. School districts shall maintain accurate documentation

1502 related to the costs of all new construction of educational

1503 plant space reported to the Department of Education pursuant to

1504 paragraph (d). The Auditor General shall review the

1505 documentation maintained by the school districts and verify

1506 compliance with the limits under this paragraph during its

1507 scheduled operational audits of the school district.

1508 3. Except for educational facilities and sites subject to

1509 a lease-purchase agreement entered pursuant to s. 1011.71(2)(e)

1510 or funded solely through local impact fees, in addition to the

1511 funding sources listed in subparagraph 1., a district school

1512 board may not use funds from any sources for new construction of

1513 educational plant space with a total cost per student station,

1514 including change orders, which equals more than the current

1515 adjusted amounts provided in sub-subparagraphs 1.a.-c. However,

1516 if a contract has been executed for architectural and design

1517 services or for construction management services before July 1,

1518 2017, a district school board may use funds from any source for

1519 the new construction of educational plant space and such funds

1520 are exempt from the total cost per student station requirements.

1521 4. A district school board must not use funds from the

1522 Public Education Capital Outlay and Debt Service Trust Fund or

1523 the School District and Community College District Capital

1524 Outlay and Debt Service Trust Fund for any new construction of

1525 an ancillary plant that exceeds 70 percent of the average cost

1526 per square foot of new construction for all schools.

1527 ~~(d) The department shall:~~

1528 ~~1. Compute for each calendar year the statewide average~~

1529 ~~construction costs for facilities serving each instructional~~

1530 ~~level, for relocatable educational facilities, for~~

1531 ~~administrative facilities, and for other ancillary and auxiliary~~

1532 ~~facilities. The department shall compute the statewide average~~

1533 ~~costs per student station for each instructional level.~~

1534 ~~2. Annually review the actual completed construction costs~~

1535 ~~of educational facilities in each school district. For any~~

1536 ~~school district in which the total actual cost per student~~

1537 ~~station, including change orders, exceeds the statewide limits~~

1538 ~~established in paragraph (b), the school district shall report~~

1539 ~~to the department the actual cost per student station and the~~

1540 ~~reason for the school district's inability to adhere to the~~

1541 ~~limits established in paragraph (b). The department shall~~

1542 ~~collect all such reports and shall provide these reports to the~~

1543 ~~Auditor General for verification purposes.~~

1545 ~~Cost per student station includes contract costs, fees of~~

1546 ~~architects and engineers, and the cost of furniture and~~

1547 ~~equipment. Cost per student station does not include the cost of~~

1548 ~~purchasing or leasing the site for the construction, legal and~~

1549 ~~administrative costs, or the cost of related site or offsite~~

1550 ~~improvements. Cost per student station also does not include the~~

1551 ~~cost for securing entries, checkpoint construction, lighting~~

1552 ~~specifically designed for entry point security, security~~

1553 ~~cameras, automatic locks and locking devices, electronic~~

1554 ~~security systems, fencing designed to prevent intruder entry~~

1555 ~~into a building, bullet-proof glass, or other capital~~

1556 ~~construction items approved by the school safety specialist to~~

1557 ~~ensure building security for new educational, auxiliary, or~~

1558 ~~ancillary facilities.~~

1559 Section 26. Subsection (6) of section 1013.68, Florida

1560 Statutes, is amended to read:

1561 1013.68 Classrooms First Program; uses.—

1562 (6) School districts may enter into interlocal agreements

1563 to lend their Classrooms First Program funds as provided in

1564 paragraph (2)(c). A school district or multiple school districts

1565 that receive cash proceeds may, after considering their own new

1566 construction needs ~~outlined in their 5-year district facilities~~

1567 ~~work program,~~ lend their Classrooms First Program funds to

1568 another school district that has need for new facilities. The

1569 interlocal agreement must be approved by the Commissioner of

1570 Education and must outline the amount of the funds to be lent,

1571 the term of the loan, the repayment schedule, and any interest

1572 amount to be repaid in addition to the principal amount of the

1573 loan.

1574 Section 27. Paragraph (b) of subsection (3) of section

1575 1013.735, Florida Statutes, is amended to read:

1576 1013.735 Classrooms for Kids Program.—

1577 (3) USE OF FUNDS.—In order to increase capacity to reduce

1578 class size, a district school board shall expend the funds

1579 received pursuant to this section only to:

1580 (b) Purchase or lease-purchase relocatable facilities ~~that~~

1581 ~~are in excess of relocatables identified in the district's 5-~~

1582 ~~year work program adopted prior to March 15, 2003.~~

1583 Section 28. This act shall take effect July 1, 2026.