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.
   19  Be It Enacted by the Legislature of the State of Florida:
   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.—
   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.—
  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.