Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for SB 7070
       
       
       
       
       
       
                                Ì612902zÎ612902                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/24/2019 09:04 AM       .                                
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2334 - 2528
    4  and insert:
    5         6. Upon construction, the total cost per student station,
    6  including change orders, must not exceed the cost per student
    7  station as provided in subsection (6) unless approved except for
    8  cost overruns created by a disaster as defined in s. 252.34 or
    9  an unforeseeable circumstance beyond the district’s control as
   10  determined by the Special Facility Construction Committee.
   11         7. There shall be an agreement signed by the district
   12  school board stating that it will advertise for bids within 30
   13  days of receipt of its encumbrance authorization from the
   14  department.
   15         8. For construction projects for which Special Facilities
   16  Construction Account funding is sought before the 2019-2020
   17  fiscal year, the district shall, at the time of the request and
   18  for a continuing period necessary to meet the district’s
   19  participation requirement, levy the maximum millage against its
   20  nonexempt assessed property value as allowed in s. 1011.71(2) or
   21  shall raise an equivalent amount of revenue from the school
   22  capital outlay surtax authorized under s. 212.055(6). Beginning
   23  with construction projects for which Special Facilities
   24  Construction Account funding is sought in the 2019-2020 fiscal
   25  year, the district shall, for a minimum of 3 years before
   26  submitting the request and for a continuing period necessary to
   27  meet its participation requirement, levy the maximum millage
   28  against the district’s nonexempt assessed property value as
   29  authorized under s. 1011.71(2) or shall raise an equivalent
   30  amount of revenue from the school capital outlay surtax
   31  authorized under s. 212.055(6). Any district with a new or
   32  active project, funded under the provisions of this subsection,
   33  shall be required to budget no more than the value of 1 mill per
   34  year to the project until the district’s participation
   35  requirement relating to the local discretionary capital
   36  improvement millage or the equivalent amount of revenue from the
   37  school capital outlay surtax is satisfied.
   38         9. If a contract has not been signed 90 days after the
   39  advertising of bids, the funding for the specific project shall
   40  revert to the Special Facility New Construction Account to be
   41  reallocated to other projects on the list. However, an
   42  additional 90 days may be granted by the commissioner.
   43         10. The department shall certify the inability of the
   44  district to fund the survey-recommended project over a
   45  continuous 3-year period using projected capital outlay revenue
   46  derived from s. 9(d), Art. XII of the State Constitution, as
   47  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
   48         11. The district shall have on file with the department an
   49  adopted resolution acknowledging its commitment to satisfy its
   50  participation requirement, which is equivalent to all
   51  unencumbered and future revenue acquired from s. 9(d), Art. XII
   52  of the State Constitution, as amended, paragraph (3)(a) of this
   53  section, and s. 1011.71(2), in the year of the initial
   54  appropriation and for the 2 years immediately following the
   55  initial appropriation.
   56         12. Phase I Final phase III plans must be approved
   57  certified by the district school board as being complete and in
   58  compliance with the building and life safety codes before June 1
   59  of the year the application is made.
   60         (6)
   61         (b)1. A district school board may not use funds from the
   62  following sources: Public Education Capital Outlay and Debt
   63  Service Trust Fund; School District and Community College
   64  District Capital Outlay and Debt Service Trust Fund; Classrooms
   65  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
   66  levy of ad valorem property taxes provided in s. 1011.71(2);
   67  Classrooms for Kids Program funds provided in s. 1013.735;
   68  District Effort Recognition Program funds provided in s.
   69  1013.736; or High Growth District Capital Outlay Assistance
   70  Grant Program funds provided in s. 1013.738 for any new
   71  construction of educational plant space with a total cost per
   72  student station, including change orders, which that equals more
   73  than:
   74         a. $17,952 for an elementary school;,
   75         b. $19,386 for a middle school;, or
   76         c. $25,181 for a high school,
   77  
   78  (January 2006) as adjusted annually to reflect increases or
   79  decreases in the Consumer Price Index. These restrictions do not
   80  apply to school districts eligible for the sparsity supplement
   81  pursuant to s. 1011.62(7). The department, in conjunction with
   82  the Office of Economic and Demographic Research, shall review
   83  and revise the cost per student station limits to reflect actual
   84  construction costs by December 1, 2019, and every 3 years
   85  thereafter. The adjusted cost per student station shall be used
   86  by the department for computation of the statewide average costs
   87  per student station for each instructional level pursuant to
   88  paragraph (d). The department shall also collaborate with the
   89  Office of Economic and Demographic Research to select an
   90  industry-recognized construction index to replace the Consumer
   91  Price Index by December 1, 2019, adjusted annually to reflect
   92  changes in the construction index.
   93         2. School districts shall maintain accurate documentation
   94  related to the costs of all new construction of educational
   95  plant space reported to the Department of Education pursuant to
   96  paragraph (d). The Auditor General shall review the
   97  documentation maintained by the school districts and verify
   98  compliance with the limits under this paragraph during its
   99  scheduled operational audits of the school district. The
  100  department shall make the final determination on district
  101  compliance based on the recommendation of the Auditor General.
  102         3. Effective July 1, 2017, In addition to the funding
  103  sources listed in subparagraph 1., a district school board may
  104  not use funds from any sources for new construction of
  105  educational plant space with a total cost per student station,
  106  including change orders, which equals more than the current
  107  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
  108  shall subsequently be adjusted annually to reflect increases or
  109  decreases in the Consumer Price Index. However, if a contract
  110  has been executed for architectural and design services or for
  111  construction management services before July 1, 2017, a district
  112  school board may use funds from any source for the new
  113  construction of educational plant space and such funds are
  114  exempt from the total cost per student station requirements.
  115         4. A district school board must not use funds from the
  116  Public Education Capital Outlay and Debt Service Trust Fund or
  117  the School District and Community College District Capital
  118  Outlay and Debt Service Trust Fund for any new construction of
  119  an ancillary plant that exceeds 70 percent of the average cost
  120  per square foot of new construction for all schools.
  121         (c) Except as otherwise provided, new construction for
  122  which a contract has been executed for architectural and design
  123  services or for construction management services by a district
  124  school board on or after July 1, 2017, may not exceed the cost
  125  per student station as provided in paragraph (b). A school
  126  district that exceeds the cost per student station provided in
  127  paragraph (b), as determined by the Auditor General, shall be
  128  subject to sanctions. If the Auditor General determines that the
  129  cost per student station overage is de minimus or due to
  130  extraordinary circumstances outside the control of the district,
  131  the sanctions shall not apply. The sanctions are as follows:
  132         1. The school district shall be ineligible for allocations
  133  from the Public Education Capital Outlay and Debt Service Trust
  134  Fund for the next 3 years in which the school district would
  135  have received allocations had the violation not occurred.
  136         2. The school district shall be subject to the supervision
  137  of a district capital outlay oversight committee. The oversight
  138  committee is authorized to approve all capital outlay
  139  expenditures of the school district, including new construction,
  140  renovations, and remodeling, for 3 fiscal years following the
  141  violation.
  142         a. Each oversight committee shall be composed of the
  143  following:
  144         (I) One appointee of the Commissioner of Education who has
  145  significant financial management, school facilities
  146  construction, or related experience.
  147         (II) One appointee of the office of the state attorney with
  148  jurisdiction over the district.
  149         (III) One appointee of the Chief Financial Officer who is a
  150  licensed certified public accountant.
  151         b. An appointee to the oversight committee may not be
  152  employed by the school district; be a relative, as defined in s.
  153  1002.33(24)(a)2., of any school district employee; or be an
  154  elected official. Each appointee must sign an affidavit
  155  attesting to these conditions and affirming that no conflict of
  156  interest exists in his or her oversight role.
  157         (d) The department shall:
  158         1. Compute for each calendar year the statewide average
  159  construction costs for facilities serving each instructional
  160  level, for relocatable educational facilities, for
  161  administrative facilities, and for other ancillary and auxiliary
  162  facilities. The department shall compute the statewide average
  163  costs per student station for each instructional level.
  164         2. Annually review the actual completed construction costs
  165  of educational facilities in each school district. For any
  166  school district in which the total actual cost per student
  167  station, including change orders, exceeds the statewide limits
  168  established in paragraph (b), the school district shall report
  169  to the department the actual cost per student station and the
  170  reason for the school district’s inability to adhere to the
  171  limits established in paragraph (b). The department shall
  172  collect all such reports and shall provide these reports to the
  173  Auditor General for verification purposes.
  174  
  175  Cost per student station includes contract costs, legal and
  176  administrative costs, fees of architects and engineers,
  177  furniture and equipment, and site improvement costs, related
  178  offsite improvement costs, the cost of complying with public
  179  shelter and hurricane hardening requirements, and the cost of
  180  any security enhancements, including, but not limited to, the
  181  cost for securing entries, checkpoint construction, lighting
  182  specifically designed for entry point security, security
  183  cameras, automatic locks and locking devices, electronic
  184  security systems, fencing designed to prevent intruder entry
  185  into a building, bulletproof glass, or other capital
  186  construction items approved by the school safety specialist to
  187  ensure building security for new educational, auxiliary, or
  188  ancillary facilities. Cost per student station does not include
  189  the cost of purchasing or leasing the site for the construction
  190  or the cost of related offsite improvements. Cost per student
  191  station also does not include the cost for securing entries,
  192  checkpoint construction, lighting specifically designed for
  193  entry point security, security cameras, automatic locks and
  194  locking devices, electronic security systems, fencing designed
  195  to prevent intruder entry into a building, bullet-proof glass,
  196  or other capital construction items approved by the school
  197  safety specialist to ensure building security for new
  198  educational, auxiliary, or ancillary facilities; costs for these
  199  items must be below 2 percent per student station.
  200  
  201  ================= T I T L E  A M E N D M E N T ================
  202  And the title is amended as follows:
  203         Delete lines 246 - 264
  204  and insert:
  205         F.S.; revising the information required to be included
  206         in a school district’s request to receive certain
  207         funding; providing that specified restrictions do not
  208         apply to certain school districts; requiring the
  209         department, in conjunction with the Office of Economic
  210         and Demographic Research, to review and revise the
  211         limits on the cost per student station, based on
  212         certain factors; requiring the department to use the
  213         adjusted cost per student station for each
  214         instructional level; requiring the department to
  215         collaborate with the office to select a certain index
  216         by a specified date; deleting obsolete language;
  217         deleting a requirement that specified school districts
  218         be subject to sanctions under certain circumstances;
  219         revising the costs that may be included and that may
  220         not be included in calculating the cost per student
  221         station; amending chapter 2018-6, L.O.F.;