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