Florida Senate - 2018 SB 1656 By Senator Lee 20-01609B-18 20181656__ 1 A bill to be entitled 2 An act relating to public educational facilities; 3 amending s. 1013.35, F.S.; providing requirements for 4 determining the capacity of facilities in certain 5 schools as reported in the Florida Inventory of School 6 Houses; amending s. 1013.37, F.S.; authorizing a 7 district school board to submit an application to the 8 Commissioner of Education for an exemption for a 9 facility from the State Requirements for Educational 10 Facilities; specifying applicable standards for an 11 exempted facility; prescribing minimum requirements 12 for such applications; requiring the commissioner to 13 grant the exemption if certain conditions are met; 14 requiring the State Board of Education to adopt 15 certain rules; amending s. 1013.64, F.S.; conforming a 16 provision to changes made by the act; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (b) of subsection (2) of section 22 1013.35, Florida Statutes, is amended to read: 23 1013.35 School district educational facilities plan; 24 definitions; preparation, adoption, and amendment; long-term 25 work programs.— 26 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 27 FACILITIES PLAN.— 28 (b) The plan must also include a financially feasible 29 district facilities work program for a 5-year period. The work 30 program must include: 31 1. A schedule of major repair and renovation projects 32 necessary to maintain the educational facilities and ancillary 33 facilities of the district. 34 2. A schedule of capital outlay projects necessary to 35 ensure the availability of satisfactory student stations for the 36 projected student enrollment in K-12 programs. This schedule 37 shall consider: 38 a. The locations, capacities, and planned utilization rates 39 of current educational facilities of the district. The capacity 40 of existing satisfactory facilities, as reported in the Florida 41 Inventory of School Houses, must be compared to the capital 42 outlay full-time-equivalent student enrollment as determined by 43 the department, including all enrollment used in the calculation 44 of the distribution formula in s. 1013.64. For purposes of 45 determining the capacity of school facilities at K-8 schools, as 46 reported in the Florida Inventory of School Houses, a classroom 47 housing students in kindergarten through grade 5 is considered 48 an elementary school, and a classroom housing students in grades 49 6 through 8 is considered a middle school. 50 b. The proposed locations of planned facilities, whether 51 those locations are consistent with the comprehensive plans of 52 all affected local governments, and recommendations for 53 infrastructure and other improvements to land adjacent to 54 existing facilities. The provisions of ss. 1013.33(6), (7), and 55 (8) and 1013.36 must be addressed for new facilities planned 56 within the first 3 years of the work plan, as appropriate. 57 c. Plans for the use and location of relocatable 58 facilities, leased facilities, and charter school facilities. 59 d. Plans for multitrack scheduling, grade level 60 organization, block scheduling, or other alternatives that 61 reduce the need for additional permanent student stations. 62 e. Information concerning average class size and 63 utilization rate by grade level within the district which will 64 result if the tentative district facilities work program is 65 fully implemented. 66 f. The number and percentage of district students planned 67 to be educated in relocatable facilities during each year of the 68 tentative district facilities work program. For determining 69 future needs, student capacity may not be assigned to any 70 relocatable classroom that is scheduled for elimination or 71 replacement with a permanent educational facility in the current 72 year of the adopted district educational facilities plan and in 73 the district facilities work program adopted under this section. 74 Those relocatable classrooms clearly identified and scheduled 75 for replacement in a school-board-adopted, financially feasible, 76 5-year district facilities work program shall be counted at zero 77 capacity at the time the work program is adopted and approved by 78 the school board. However, if the district facilities work 79 program is changed and the relocatable classrooms are not 80 replaced as scheduled in the work program, the classrooms must 81 be reentered into the system and be counted at actual capacity. 82 Relocatable classrooms may not be perpetually added to the work 83 program or continually extended for purposes of circumventing 84 this section. All relocatable classrooms not identified and 85 scheduled for replacement, including those owned, lease 86 purchased, or leased by the school district, must be counted at 87 actual student capacity. The district educational facilities 88 plan must identify the number of relocatable student stations 89 scheduled for replacement during the 5-year survey period and 90 the total dollar amount needed for that replacement. 91 g. Plans for the closure of any school, including plans for 92 disposition of the facility or usage of facility space, and 93 anticipated revenues. 94 h. Projects for which capital outlay and debt service funds 95 accruing under s. 9(d), Art. XII of the State Constitution are 96 to be used shall be identified separately in priority order on a 97 project priority list within the district facilities work 98 program. 99 3. The projected cost for each project identified in the 100 district facilities work program. For proposed projects for new 101 student stations, a schedule shall be prepared comparing the 102 planned cost and square footage for each new student station, by 103 elementary, middle, and high school levels, to the low, average, 104 and high cost of facilities constructed throughout the state 105 during the most recent fiscal year for which data is available 106 from the Department of Education. 107 4. A schedule of estimated capital outlay revenues from 108 each currently approved source which is estimated to be 109 available for expenditure on the projects included in the 110 district facilities work program. 111 5. A schedule indicating which projects included in the 112 district facilities work program will be funded from current 113 revenues projected in subparagraph 4. 114 6. A schedule of options for the generation of additional 115 revenues by the district for expenditure on projects identified 116 in the district facilities work program which are not funded 117 under subparagraph 5. Additional anticipated revenues may 118 include Classrooms First funds. 119 Section 2. Subsection (3) of section 1013.37, Florida 120 Statutes, is amended to read: 121 1013.37 State uniform building code for public educational 122 facilities construction.— 123 (3) REVIEW PROCEDURE; EXEMPTION.— 124 (a) The Commissioner of Education shall cooperate with the 125 Florida Building Commission in addressing all questions, 126 disputes, or interpretations involving the provisions of the 127 Florida Building Code which govern the construction of public 128 educational and ancillary facilities, and any objections to 129 decisions made by the inspectors or the department must be 130 submitted in writing. 131 (b)1. A district school board may submit an application to 132 the Commissioner of Education to obtain authorization for a 133 facility to be constructed in accordance with the requirements 134 specified in s. 1002.33(18) in lieu of the State Requirements 135 for Educational Facilities. In order to qualify for the 136 exemption, the facility must remain subject to s. 1013.372, the 137 Florida Building Code, and the Florida Fire Prevention Code; be 138 in substantial compliance with the applicable requirements of s. 139 255.2575; and the facility’s exemption may not negatively impact 140 the health, safety, or welfare of students, teachers, and other 141 facility users. At a minimum, the application must include a 142 description of the proposed facility, a justification for the 143 exemption, and a cost-benefit analysis. The commissioner must 144 grant the exemption if he or she determines that there is a 145 demonstrated cost savings and that the construction of the 146 facility is in conformance with the school district’s 5-year 147 educational facilities work plan. If the commissioner denies the 148 application, the notification to the district school board must 149 state the reasons for the denial. 150 2. The State Board of Education shall adopt rules to 151 establish procedures governing the submission of applications, 152 including specifying timeframes for the disposition of such 153 applications. 154 Section 3. Paragraph (b) of subsection (3) of section 155 1013.64, Florida Statutes, is amended to read: 156 1013.64 Funds for comprehensive educational plant needs; 157 construction cost maximums for school district capital 158 projects.—Allocations from the Public Education Capital Outlay 159 and Debt Service Trust Fund to the various boards for capital 160 outlay projects shall be determined as follows: 161 (3) 162 (b) The capital outlay full-time equivalent membership 163 shall be determined by counting the reported unweighted full 164 time equivalent student membership for the second and third 165 surveys with each survey limited to 0.5 full-time equivalent 166 student membership per student and comparing the results on a 167 school-by-school basis with the Florida Inventory of School 168 Houses. For purposes of determining the capacity of school 169 facilities at K-8 schools, as reported in the Florida Inventory 170 of School Houses, a classroom housing students in kindergarten 171 through grade 5 is considered an elementary school, and a 172 classroom housing students in grades 6 through 8 is considered a 173 middle school. 174 Section 4. This act shall take effect July 1, 2018.