Florida Senate - 2024 CS for SB 7002
By the Committees on Fiscal Policy; and Education Pre-K -12
594-01839-24 20247002c1
1 A bill to be entitled
2 An act relating to deregulation of public
3 schools/school district finance and budgets,
4 facilities, and administration and oversight; amending
5 s. 120.81, F.S.; providing that district school boards
6 are not subject to certain rule requirements under
7 certain circumstances; amending s. 163.31777, F.S.;
8 revising requirements for what a district school
9 board’s interlocal agreement must address; amending s.
10 200.065, F.S.; requiring a district school board to
11 advertise its intent to adopt a tentative budget on a
12 publicly available website if it does not advertise
13 such intent in a newspaper of general circulation;
14 defining the term “publicly accessible website”;
15 amending s. 252.38, F.S.; requiring district school
16 boards to provide personnel access to facilities for
17 emergency management, rather than staffing such
18 facilities, or perform other specified duties as may
19 be required in the county emergency management plan;
20 amending s. 316.173, F.S.; revising requirements for
21 signage that must be posted on certain school buses;
22 authorizing certain civil penalties to be used by a
23 district school board to recruit and retain specified
24 school bus drivers; amending s. 1001.02, F.S.;
25 revising a duty of the State Board of Education to
26 adopt certain rules; amending s. 1001.23, F.S.;
27 requiring the Department of Education to annually
28 inform district school superintendents that they may
29 petition to receive a specified declaratory statement;
30 requiring the department to annually provide school
31 districts with a list of statutory and rule
32 requirements; providing requirements for such list;
33 amending s. 1001.372, F.S.; authorizing public notices
34 for district school board meetings to be posted on a
35 publicly accessible website or the official district
36 school board website; amending s. 1001.42, F.S.;
37 deleting requirements for financial procedures that
38 must be followed by district school boards to ensure
39 adequate educational facilities for students; amending
40 s. 1001.49, F.S.; revising the general powers of
41 district school superintendents to include
42 establishing a process for the review and approval of
43 certain policies and procedures through the delegated
44 authority of district school boards; amending s.
45 1002.20, F.S.; revising a requirement relating to how
46 a parent is informed of placement of a student in a
47 specified program; revising a requirement relating to
48 how a parent is informed of a student’s suspension;
49 deleting a requirement that the school financial
50 report be in the student handbook; requiring the
51 department to produce specified reports relating to
52 school accountability and make such reports available
53 on the department’s website; requiring each school
54 district to provide a link to such reports; deleting a
55 requirement that an economic security report of
56 employment and earning outcomes be provided to
57 students; amending s. 1002.33, F.S.; deleting a
58 requirement for an unused district school board
59 facility or property to be provided for a charter
60 school’s use; revising a requirement for school
61 districts to provide certain information relating to
62 vacant classrooms to the department; amending s.
63 1002.333, F.S.; revising a provision authorizing
64 school districts to make certain unused facilities
65 available to hope operators; amending s. 1003.03,
66 F.S.; deleting a requirement for district school
67 boards to provide an accountability plan to the
68 Commissioner of Education under certain conditions;
69 amending s. 1003.53, F.S.; revising how district
70 school boards may provide notice to parents relating
71 to a dropout prevention and academic intervention
72 program; repealing s. 1006.025, F.S., relating to
73 guidance services; amending s. 1006.09, F.S.; revising
74 how a school principal or the principal’s designee may
75 provide notice to inform a parent of a student’s
76 suspension; amending s. 1006.1494, F.S.; providing
77 that provisions relating to student online personal
78 information protection do not require a K-12 school,
79 school district, or school board to include any
80 provisions in an operator or vendor contract; amending
81 s. 1010.02, F.S.; providing that school districts are
82 subject to varying reporting frequencies based on
83 financial status; requiring the State Board of
84 Education to adopt rules; amending s. 1010.11, F.S.;
85 providing that school districts are exempt from
86 certain requirements relating to electronic transfer
87 of funds; amending s. 1010.20, F.S.; requiring charter
88 schools to respond to monitoring questions from the
89 department; amending s. 1011.03, F.S.; requiring
90 district school boards to publish their tentative
91 budgets on a publicly accessible website if not
92 published on the district’s official website; deleting
93 a requirement for district school boards to publish
94 their tentative budgets in a newspaper or at a
95 courthouse under certain circumstances; amending s.
96 1011.035, F.S.; revising requirements relating to a
97 district school board publishing its tentative budget
98 online; amending s. 1011.14, F.S.; revising the types
99 of facilities on which district school boards may
100 incur certain financial obligations; amending s.
101 1011.60, F.S.; revising circumstances under which the
102 State Board of Education may alter the requirement for
103 the minimum term schools must be open; amending s.
104 1011.68, F.S.; deleting a prohibition on use of funds
105 by school districts to purchase certain transportation
106 equipment and supplies; amending s. 1011.69, F.S.;
107 deleting a requirement relating to Title I fund
108 allocations to schools; providing a new category of
109 funding school districts are authorized to withhold;
110 revising a category of funding a school district is
111 authorized to withhold; requiring the department to
112 make certain funds available to local education
113 agencies; amending s. 1011.71, F.S.; revising the
114 types of facilities and expenditures for which
115 district school boards may use millage levies to fund;
116 amending s. 1013.15, F.S.; conforming provisions to
117 changes made by the act; providing that the lease
118 purchase of certain facilities is exempt from certain
119 requirements; making a technical change; amending s.
120 1013.16, F.S.; providing that a minimum lease term
121 requirement for land for certain construction projects
122 does not apply to district school boards; amending s.
123 1013.19, F.S.; requiring proceeds from certain sales
124 or leases of property to be used by boards of trustees
125 for a Florida College System institution or state
126 university; amending s. 1013.20, F.S.; deleting a
127 district school board requirement to plan for the use
128 of relocatables; deleting a requirement for the
129 commissioner to provide a progress report to the
130 Legislature; repealing s. 1013.21, F.S., relating to
131 reduction of relocatable facilities in use; amending
132 s. 1013.28, F.S.; deleting a requirement for surplus
133 tangible personal property to be provided to charter
134 schools; amending s. 1013.31, F.S.; requiring each
135 Florida College System institution board of trustees
136 and state university board of trustees to arrange for
137 educational plant surveys; deleting provisions
138 relating to when an educational plant survey
139 recommendation is not required; requiring Florida
140 College System institution and state university
141 boards, but not district school boards, to participate
142 in specified surveys; deleting a requirement for
143 school districts to submit certain data to the
144 department; revising requirements for what a survey
145 report must include; deleting a requirement that a
146 school district’s survey must be submitted as part of
147 the district educational facilities plan; deleting a
148 requirement for the department to perform an analysis
149 of such surveys; revising requirements for a
150 facilities needs survey submitted by a district school
151 board; requiring that the release of funds for a PECO
152 project be subject to certain authorizations; amending
153 s. 1013.35, F.S.; deleting definitions; revising
154 requirements for the contents of a district school
155 board tentative district educational facilities plan;
156 deleting a requirement for district school boards to
157 coordinate with local governments to ensure
158 consistency between school district and local
159 government plans; authorizing, rather than requiring,
160 local governments to review tentative district
161 educational facilities plans; making conforming
162 changes; amending s. 1013.356, F.S.; revising
163 requirements for lease terms for certain construction
164 projects; deleting a requirement relating to certain
165 construction costs; amending s. 1013.385, F.S.;
166 deleting requirements for a resolution relating to
167 educational facilities construction which may be
168 adopted by district school boards; providing that
169 exceptions to requirements for public shelter design
170 criteria remain subject to certain emergency
171 management provisions; providing that a school board
172 may not be required to build more emergency-shelter
173 space than identified as needed; amending s. 1013.41,
174 F.S.; revising requirements for an educational
175 facilities plan; revising the duties of the Office of
176 Educational Facilities; amending s. 1013.45, F.S.;
177 exempting district school boards from certain contract
178 limitations; specifying that a requirement for the
179 services of a registered architect apply to Florida
180 College System institution and state university boards
181 of trustees; deleting a requirement for district
182 school boards to reuse existing construction
183 documents; amending s. 1013.48, F.S.; deleting a
184 requirement for a school district to monitor and
185 report change orders on a district educational
186 facilities plan; amending s. 1013.64, F.S.; providing
187 that remodeling projects for district school boards
188 must be based on specified determinations; providing
189 that a requirement for how certain funds must be spent
190 only applies to Florida College System institution and
191 state university boards; revising requirements for the
192 use of funds from the Special Facility Construction
193 Account; deleting prohibitions on the use of specified
194 funds that meet certain thresholds; requiring the
195 department to estimate, rather than review and adjust,
196 the cost per student station to reflect actual
197 construction costs; deleting a requirement for the
198 Auditor General to review certain documentation;
199 deleting requirements relating to district school
200 board use of funds for construction projects; amending
201 s. 1013.68, F.S.; revising requirements for a school
202 district to receive a specified distribution of funds;
203 amending ss. 163.3180, 1002.31, 1003.621, 1003.631,
204 1011.6202, 1011.73, 1012.555, and 1013.62, F.S.;
205 conforming cross-references and provisions to changes
206 made by the act; providing an effective date.
207
208 Be It Enacted by the Legislature of the State of Florida:
209
210 Section 1. Paragraph (m) is added to subsection (1) of
211 section 120.81, Florida Statutes, to read:
212 120.81 Exceptions and special requirements; general areas.—
213 (1) EDUCATIONAL UNITS.—
214 (m) District school boards are not subject to the
215 requirements for rules in this chapter when exercising their
216 powers and duties identified in chapters 1000-1014 to formulate
217 policy with public input at a public meeting.
218 Section 2. Paragraphs (e) and (f) of subsection (2) and
219 subsection (4) of section 163.31777, Florida Statutes, are
220 amended to read:
221 163.31777 Public schools interlocal agreement.—
222 (2) At a minimum, the interlocal agreement must address the
223 following issues:
224 (e) A process for the school board to inform the local
225 government regarding the effect of comprehensive plan amendments
226 on school capacity. The capacity reporting must be consistent
227 with laws and rules relating to measurement of school facility
228 capacity and must also identify how the district school board
229 will meet the public school demand based on the facilities plan
230 work program adopted pursuant to s. 1013.35.
231 (f) Participation of the local governments in the
232 preparation of the annual update to the district school board’s
233 5-year district facilities plan work program and educational
234 plant survey prepared pursuant to s. 1013.35.
235 (4) At the time of the evaluation and appraisal of its
236 comprehensive plan pursuant to s. 163.3191, each exempt
237 municipality shall assess the extent to which it continues to
238 meet the criteria for exemption under subsection (3). If the
239 municipality continues to meet the criteria for exemption under
240 subsection (3), the municipality shall continue to be exempt
241 from the interlocal agreement requirement. Each municipality
242 exempt under subsection (3) must comply with this section within
243 1 year after the district school board proposes, in its 5-year
244 district facilities plan work program, a new school within the
245 municipality’s jurisdiction.
246 Section 3. Paragraph (f) of subsection (2) of section
247 200.065, Florida Statutes, is amended to read:
248 200.065 Method of fixing millage.—
249 (2) No millage shall be levied until a resolution or
250 ordinance has been approved by the governing board of the taxing
251 authority which resolution or ordinance must be approved by the
252 taxing authority according to the following procedure:
253 (f)1. Notwithstanding any provisions of paragraph (c) to
254 the contrary, each school district shall advertise its intent to
255 adopt a tentative budget on a publicly accessible website
256 pursuant to s. 50.0311 or in a newspaper of general circulation
257 pursuant to subsection (3) within 29 days of certification of
258 value pursuant to subsection (1). For the purpose of this
259 paragraph, the term “publicly accessible website” includes a
260 district school board’s official website if the school board
261 website satisfies the remaining requirements of s. 50.0311. Not
262 less than 2 days or more than 5 days thereafter, the district
263 shall hold a public hearing on the tentative budget pursuant to
264 the applicable provisions of paragraph (c). In the event of
265 postponement or recess due to a declared state of emergency, the
266 school district may postpone or recess the hearing for up to 7
267 days and shall post a prominent notice at the place of the
268 original hearing showing the date, time, and place where the
269 hearing will be reconvened. The posted notice shall measure not
270 less than 8.5 by 11 inches. The school district shall make every
271 reasonable effort to provide reasonable notification of the
272 continued hearing to the taxpayers. The information must also be
273 posted on the school district’s website if the district school
274 board uses a different method of advertisement.
275 2. Notwithstanding any provisions of paragraph (b) to the
276 contrary, each school district shall advise the property
277 appraiser of its recomputed proposed millage rate within 35 days
278 of certification of value pursuant to subsection (1). The
279 recomputed proposed millage rate of the school district shall be
280 considered its proposed millage rate for the purposes of
281 paragraph (b).
282 3. Notwithstanding any provisions of paragraph (d) to the
283 contrary, each school district shall hold a public hearing to
284 finalize the budget and adopt a millage rate within 80 days of
285 certification of value pursuant to subsection (1), but not
286 earlier than 65 days after certification. The hearing shall be
287 held in accordance with the applicable provisions of paragraph
288 (d), except that a newspaper advertisement need not precede the
289 hearing.
290 Section 4. Paragraph (d) of subsection (1) of section
291 252.38, Florida Statutes, is amended to read:
292 252.38 Emergency management powers of political
293 subdivisions.—Safeguarding the life and property of its citizens
294 is an innate responsibility of the governing body of each
295 political subdivision of the state.
296 (1) COUNTIES.—
297 (d) During a declared state or local emergency and upon the
298 request of the director of a local emergency management agency,
299 the district school board or school boards in the affected area
300 shall participate in emergency management by providing
301 facilities and necessary personnel to access staff such
302 facilities or perform other duties related to the facilities as
303 may be required pursuant to the county emergency management plan
304 and program. Each school board providing transportation
305 assistance in an emergency evacuation shall coordinate the use
306 of its vehicles and personnel with the local emergency
307 management agency.
308 Section 5. Paragraph (a) of subsection (2) and subsection
309 (7) of section 316.173, Florida Statutes, are amended to read:
310 316.173 School bus infraction detection systems.—
311 (2)(a) The school district must post high-visibility
312 reflective signage on the rear of each school bus in which a
313 school bus infraction detection system is installed and
314 operational which indicates the use of such system. The signage
315 must be in the form of one or more signs or stickers and must
316 contain the following elements in substantially the following
317 form:
318 1. The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
319 WHEN RED LIGHTS FLASH.”
320 2. The words “CAMERA ENFORCED.”
321 3. A graphic depiction of a camera.
322 (7) The civil penalties assessed and collected for a
323 violation of s. 316.172(1)(a) or (b) enforced by a school bus
324 infraction detection system must be remitted to the school
325 district in which the violation occurred. Such civil penalties
326 must be used for the installation or maintenance of school bus
327 infraction detection systems on school buses, for any other
328 technology that increases the safety of the transportation of
329 students, or for the administration and costs associated with
330 the enforcement of violations as described in this section, or
331 to provide financial awards to recruit or retain school bus
332 drivers in the school district in which the civil penalties are
333 assessed and collected.
334 Section 6. Paragraph (n) of subsection (2) of section
335 1001.02, Florida Statutes, is amended to read:
336 1001.02 General powers of State Board of Education.—
337 (2) The State Board of Education has the following duties:
338 (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
339 120.54, within statutory authority as specifically provided by
340 law.
341 Section 7. Subsections (5) and (6) are added to section
342 1001.23, Florida Statutes, to read:
343 1001.23 Specific powers and duties of the Department of
344 Education.—In addition to all other duties assigned to it by law
345 or by rule of the State Board of Education, the department
346 shall:
347 (5) Annually by August 1, inform district school
348 superintendents that pursuant to s. 120.565, the superintendents
349 may receive a declaratory statement, within 90 days of
350 submitting a petition to receive such statement, regarding the
351 department’s opinion as to the applicability to a school
352 district of a statutory or rule provision as it applies to the
353 district’s particular set of circumstances.
354 (6) Annually maintain and make available to school
355 districts a list of all requirements in statute and rule
356 relating to required actions by district school boards or
357 superintendents. The list must include, but is not limited to,
358 required parent notifications; information that must be posted
359 to the district website; and reporting, filing, and
360 certification requirements.
361 Section 8. Paragraph (c) of subsection (2) of section
362 1001.372, Florida Statutes, is amended to read:
363 1001.372 District school board meetings.—
364 (2) PLACE OF MEETINGS.—
365 (c) For purpose of this section, due public notice shall
366 consist of, at least 2 days prior to the meeting: continuous
367 publication on a publicly accessible website as provided in s.
368 50.0311 or the official district school board website; by
369 publication in a newspaper of general circulation in the county
370 or in each county where there is no newspaper of general
371 circulation in the county an announcement over at least one
372 radio station whose signal is generally received in the county,
373 a reasonable number of times daily during the 48 hours
374 immediately preceding the date of such meeting;, or by posting a
375 notice at the courthouse door if no newspaper is published in
376 the county, at least 2 days prior to the meeting.
377 Section 9. Paragraph (l) of subsection (12) of section
378 1001.42, Florida Statutes, is amended to read:
379 1001.42 Powers and duties of district school board.—The
380 district school board, acting as a board, shall exercise all
381 powers and perform all duties listed below:
382 (12) FINANCE.—Take steps to assure students adequate
383 educational facilities through the financial procedure
384 authorized in chapters 1010 and 1011 and as prescribed below:
385 (l) Internal auditor.—May or, in the case of a school
386 district receiving annual federal, state, and local funds in
387 excess of $500 million, shall employ an internal auditor. The
388 scope of the internal auditor shall not be restricted and shall
389 include every functional and program area of the school system.
390 1. The internal auditor shall perform ongoing financial
391 verification of the financial records of the school district, a
392 comprehensive risk assessment of all areas of the school system
393 every 5 years, and other audits and reviews as the district
394 school board directs for determining:
395 a. The adequacy of internal controls designed to prevent
396 and detect fraud, waste, and abuse as defined in s. 11.45(1).
397 b. Compliance with applicable laws, rules, contracts, grant
398 agreements, district school board-approved policies, and best
399 practices.
400 c. The efficiency of operations.
401 d. The reliability of financial records and reports.
402 e. The safeguarding of assets.
403 f. Financial solvency.
404 g. Projected revenues and expenditures.
405 h. The rate of change in the general fund balance.
406 2. The internal auditor shall prepare audit reports of his
407 or her findings and report directly to the district school board
408 or its designee.
409 3. Any person responsible for furnishing or producing any
410 book, record, paper, document, data, or sufficient information
411 necessary to conduct a proper audit or examination which the
412 internal auditor is by law authorized to perform is subject to
413 the provisions of s. 11.47(3) and (4).
414 Section 10. Subsection (3) of section 1001.49, Florida
415 Statutes, is amended to read:
416 1001.49 General powers of district school superintendent.
417 The district school superintendent shall have the authority, and
418 when necessary for the more efficient and adequate operation of
419 the district school system, the district school superintendent
420 shall exercise the following powers:
421 (3) APPROVE OPERATIONAL POLICIES THROUGH THE DELEGATED
422 AUTHORITY OF THE DISTRICT SCHOOL BOARD.—Establish a process for
423 the review and approval of districtwide policies and procedures,
424 through the formal delegated authority of the district school
425 board, RECOMMEND POLICIES.—Recommend to the district school
426 board for adoption such policies pertaining to the district
427 school system as the district school superintendent may consider
428 necessary for its more efficient operation.
429 Section 11. Paragraph (e) of subsection (2), paragraph (a)
430 of subsection (4), and subsections (16) and (24) of section
431 1002.20, Florida Statutes, are amended to read:
432 1002.20 K-12 student and parent rights.—Parents of public
433 school students must receive accurate and timely information
434 regarding their child’s academic progress and must be informed
435 of ways they can help their child to succeed in school. K-12
436 students and their parents are afforded numerous statutory
437 rights including, but not limited to, the following:
438 (2) ATTENDANCE.—
439 (e) Dropout prevention and academic intervention programs.
440 The parent of a public school student has the right to receive
441 written notice by certified mail or other method agreed to by
442 the parent prior to placement of the student in a dropout
443 prevention and academic intervention program and shall be
444 notified in writing and entitled to an administrative review of
445 any action by school personnel relating to the student’s
446 placement, in accordance with the provisions of s. 1003.53(5).
447 (4) DISCIPLINE.—
448 (a) Suspension of public school student.—In accordance with
449 the provisions of s. 1006.09(1)-(4):
450 1. A student may be suspended only as provided by rule of
451 the district school board. A good faith effort must be made to
452 immediately inform the parent by telephone of the student’s
453 suspension and the reason. Each suspension and the reason must
454 be reported in writing within 24 hours to the parent by United
455 States mail or other method agreed to by the parent. A good
456 faith effort must be made to use parental assistance before
457 suspension unless the situation requires immediate suspension.
458 2. A student with a disability may only be recommended for
459 suspension or expulsion in accordance with State Board of
460 Education rules.
461 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
462 REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
463 have the right to an easy-to-read report card about the school’s
464 grade designation or, if applicable under s. 1008.341, the
465 school’s improvement rating, and the school’s accountability
466 report, including the school financial report as required under
467 s. 1010.215. The school financial report must be provided to the
468 parents and indicate the average amount of money expended per
469 student in the school, which must also be included in the
470 student handbook or a similar publication. The department shall
471 produce the reports under this subsection and make the reports
472 for each school available on the department’s website in a
473 prominent location. Each public school district must provide a
474 link on its website to these reports for parent access.
475 (24) ECONOMIC SECURITY REPORT.—Beginning in the 2014-2015
476 school year and annually thereafter, each middle school and high
477 school student or the student’s parent prior to registration
478 shall be provided a two-page summary of the Department of
479 Economic Opportunity’s economic security report of employment
480 and earning outcomes prepared pursuant to s. 445.07 and
481 electronic access to the report.
482 Section 12. Paragraphs (e) and (g) of subsection (18) of
483 section 1002.33, Florida Statutes, are amended to read:
484 1002.33 Charter schools.—
485 (18) FACILITIES.—
486 (e) If a district school board facility or property is
487 available because it is surplus, marked for disposal, or
488 otherwise unused, it shall be provided for a charter school’s
489 use on the same basis as it is made available to other public
490 schools in the district. A charter school that receives surplus,
491 marked for disposal, or otherwise unused facilities or receiving
492 property from the sponsor may not sell or dispose of such
493 facilities or property without written permission of the
494 sponsor. Similarly, for an existing public school converting to
495 charter status, no rental or leasing fee for the existing
496 facility or for the property normally inventoried to the
497 conversion school may be charged by the district school board to
498 the parents and teachers organizing the charter school. The
499 charter school shall agree to reasonable maintenance provisions
500 in order to maintain the facility in a manner similar to
501 district school board standards. The Public Education Capital
502 Outlay maintenance funds or any other maintenance funds
503 generated by the facility operated as a conversion school shall
504 remain with the conversion school.
505 (g) Each school district shall annually provide to the
506 Department of Education as part of its 5-year work plan the
507 number of existing vacant classrooms in each school that the
508 district does not intend to use or does not project will be
509 needed for educational purposes for the following school year.
510 The department may recommend that a district make such space
511 available to an appropriate charter school.
512 Section 13. Paragraph (d) of subsection (7) of section
513 1002.333, Florida Statutes, is amended to read:
514 1002.333 Persistently low-performing schools.—
515 (7) FACILITIES.—
516 (d) A school district may make available No later than
517 January 1, the department shall annually provide to school
518 districts a list of all underused, vacant, or surplus facilities
519 owned or operated by the school district to as reported in the
520 Florida Inventory of School Houses. A school district may
521 provide evidence to the department that the list contains errors
522 or omissions within 30 days after receipt of the list. By each
523 April 1, the department shall update and publish a final list of
524 all underused, vacant, or surplus facilities owned or operated
525 by each school district, based upon updated information provided
526 by each school district. a hope operator establishing a school
527 of hope may use an educational facility identified in this
528 paragraph at no cost or at a mutually agreeable cost not to
529 exceed $600 per student. A hope operator using a facility
530 pursuant to this paragraph may not sell or dispose of such
531 facility without the written permission of the school district.
532 For purposes of this paragraph, the term “underused, vacant, or
533 surplus facility” means an entire facility or portion thereof
534 which is not fully used or is used irregularly or intermittently
535 by the school district for instructional or program use.
536 Section 14. Subsection (4) of section 1003.03, Florida
537 Statutes, is amended to read:
538 1003.03 Maximum class size.—
539 (4) ACCOUNTABILITY.—Each district that has not complied
540 with the requirements in subsection (1), based on the October
541 student membership survey, shall submit to the commissioner by
542 February 1 a plan certified by the district school board that
543 describes the specific actions the district will take in order
544 to fully comply with the requirements in subsection (1) by
545 October of the following school year.
546 Section 15. Subsection (5) of section 1003.53, Florida
547 Statutes, is amended to read:
548 1003.53 Dropout prevention and academic intervention.—
549 (5) Each district school board providing a dropout
550 prevention and academic intervention program pursuant to this
551 section shall maintain for each participating student records
552 documenting the student’s eligibility, the length of
553 participation, the type of program to which the student was
554 assigned or the type of academic intervention services provided,
555 and an evaluation of the student’s academic and behavioral
556 performance while in the program. The school principal or his or
557 her designee shall, prior to placement in a dropout prevention
558 and academic intervention program or the provision of an
559 academic service, provide written notice of placement or
560 services by certified mail, return receipt requested, to the
561 student’s parent. The parent of the student shall sign an
562 acknowledgment of the notice of placement or service and return
563 the signed acknowledgment to the principal within 3 days after
564 receipt of the notice. District school boards may adopt a policy
565 that allows a parent to agree to an alternative method of
566 notification. Such agreement may be made before the need for
567 notification arises or at the time the notification becomes
568 required. The parents of a student assigned to such a dropout
569 prevention and academic intervention program shall be notified
570 in writing and entitled to an administrative review of any
571 action by school personnel relating to such placement pursuant
572 to the provisions of chapter 120.
573 Section 16. Section 1006.025, Florida Statutes, is
574 repealed.
575 Section 17. Paragraph (b) of subsection (1) of section
576 1006.09, Florida Statutes, is amended to read:
577 1006.09 Duties of school principal relating to student
578 discipline and school safety.—
579 (1)
580 (b) The principal or the principal’s designee may suspend a
581 student only in accordance with the rules of the district school
582 board. The principal or the principal’s designee shall make a
583 good faith effort to immediately inform a student’s parent by
584 telephone of a student’s suspension and the reasons for the
585 suspension. Each suspension and the reasons for the suspension
586 shall be reported in writing within 24 hours to the student’s
587 parent by United States mail. District school boards may adopt a
588 policy that allows a parent to agree to an alternative method of
589 notification. Such agreement may be made before the need for
590 notification arises or at the time the notification becomes
591 required. Each suspension and the reasons for the suspension
592 shall also be reported in writing within 24 hours to the
593 district school superintendent. A good faith effort shall be
594 made by the principal or the principal’s designee to employ
595 parental assistance or other alternative measures prior to
596 suspension, except in the case of emergency or disruptive
597 conditions which require immediate suspension or in the case of
598 a serious breach of conduct as defined by rules of the district
599 school board. Such rules shall require oral and written notice
600 to the student of the charges and an explanation of the evidence
601 against him or her prior to the suspension. Each student shall
602 be given an opportunity to present his or her side of the story.
603 No student shall be suspended for unexcused tardiness, lateness,
604 absence, or truancy. The principal or the principal’s designee
605 may suspend any student transported to or from school at public
606 expense from the privilege of riding on a school bus for
607 violation of district school board transportation policies,
608 which shall include a policy regarding behavior at school bus
609 stops, and the principal or the principal’s designee shall give
610 notice in writing to the student’s parent and to the district
611 school superintendent within 24 hours. School personnel shall
612 not be held legally responsible for suspensions of students made
613 in good faith.
614 Section 18. Paragraph (j) is added to subsection (6) of
615 section 1006.1494, Florida Statutes, to read:
616 1006.1494 Student online personal information protection.—
617 (6) This section does not do any of the following:
618 (j) Require a K-12 school, school district, or district
619 school board to include any provision in a contract with any
620 operator or vendor.
621
622 The State Board of Education may adopt rules to implement this
623 section.
624 Section 19. Subsection (1) of section 1010.02, Florida
625 Statutes, is amended to read:
626 1010.02 Financial accounting and expenditures.—
627 (1) All funds accruing to a school district or a Florida
628 College System institution must be received, accounted for, and
629 expended in accordance with law and rules of the State Board of
630 Education.
631 (a) A school district may be subject to varying reporting
632 frequencies based on its financial status, as determined in
633 State Board of Education rule:
634 1. A school district identified as having a financial
635 concern may be required to submit monthly financial reports.
636 2. A school district not identified as having a financial
637 concern may be required to submit financial reports no more
638 often than once every quarter.
639 (b) The State Board of Education shall adopt rules to
640 establish criteria for determining the financial status of
641 school districts for the purpose of financial reporting.
642 Section 20. Section 1010.11, Florida Statutes, is amended
643 to read:
644 1010.11 Electronic transfer of funds.—Pursuant to the
645 provisions of s. 215.85, each district school board, Florida
646 College System institution board of trustees, and university
647 board of trustees shall adopt written policies prescribing the
648 accounting and control procedures under which any funds under
649 their control are allowed to be moved by electronic transaction
650 for any purpose including direct deposit, wire transfer,
651 withdrawal, investment, or payment. Electronic transactions
652 shall comply with the provisions of chapter 668. However,
653 district school boards are exempt from the requirements in s.
654 668.50(18)(b).
655 Section 21. Subsection (2) of section 1010.20, Florida
656 Statutes, is amended to read:
657 1010.20 Cost accounting and reporting for school
658 districts.—
659 (2) COST REPORTING.—
660 (a) Each district shall report on a district-aggregate
661 basis expenditures for inservice training pursuant to s.
662 1011.62(3) and for categorical programs as provided in s.
663 1011.62(17).
664 (b) Each district shall report to the department on a
665 school-by-school and on an aggregate district basis expenditures
666 for:
667 1. Each program funded in s. 1011.62(1)(c).
668 2. Total operating costs as reported pursuant to s.
669 1010.215.
670 3. Expenditures for classroom instruction pursuant to the
671 calculation in s. 1010.215(4)(b)1. and 2.
672 (c) Each charter school shall receive and respond to
673 monitoring questions from the department.
674 (d) The department shall:
675 1. Categorize all public schools and districts into
676 appropriate groups based primarily on average full-time
677 equivalent student enrollment as reported on the most recent
678 student membership survey under s. 1011.62 and in state board
679 rule to determine groups of peer schools and districts.
680 2. Annually calculate for each public school, district, and
681 for the entire state, the percentage of classroom expenditures
682 to total operating expenditures reported in subparagraphs (b)2.
683 and 3. The results shall be categorized pursuant to this
684 paragraph.
685 3. Annually calculate for all public schools, districts,
686 and the state, the average percentage of classroom expenditures
687 to total operating expenditures reported in subparagraphs (b)2.
688 and 3. The results shall be categorized pursuant to this
689 paragraph.
690 4. Develop a web-based fiscal transparency tool that
691 identifies public schools and districts that produce high
692 academic achievement based on the ratio of classroom instruction
693 expenditures to total expenditures. The fiscal transparency tool
694 shall combine the data calculated pursuant to this paragraph
695 with the student performance measurements calculated pursuant to
696 s. 1012.34(7) to determine the financial efficiency of each
697 public school and district. The results shall be displayed in an
698 easy to use format that enables the user to compare performance
699 among public schools and districts.
700 (e)(d) The Commissioner of Education shall present to the
701 Legislature, prior to the opening of the regular session each
702 year, a district-by-district report of the expenditures reported
703 pursuant to paragraphs (a) and (b). The report shall include
704 total expenditures, a detailed analysis showing expenditures for
705 each program, and such other data as may be useful for
706 management of the education system. The Commissioner of
707 Education shall also compute cost factors relative to the base
708 student allocation for each funded program in s. 1011.62(1)(c).
709 Section 22. Subsections (1) and (3) of section 1011.03,
710 Florida Statutes, are amended to read:
711 1011.03 Public hearings; budget to be submitted to
712 Department of Education.—
713 (1) Each district school board shall cause a summary of its
714 tentative budget, including the proposed millage levies as
715 provided for by law, to be posted on the district’s official
716 website and advertised once in a newspaper of general
717 circulation published in the district or on a publicly
718 accessible website as provided in s. 50.0311 to be posted at the
719 courthouse if there be no such newspaper.
720 (3) The board shall hold public hearings to adopt tentative
721 and final budgets pursuant to s. 200.065. The hearings shall be
722 primarily for the purpose of hearing requests and complaints
723 from the public regarding the budgets and the proposed tax
724 levies and for explaining the budget and proposed or adopted
725 amendments thereto, if any. The tentative budget must be posted
726 on the district’s official website at least 2 days before the
727 budget hearing held pursuant to s. 200.065 or other law. The
728 final adopted budget must be posted on the district’s official
729 website within 30 days after adoption. The board shall require
730 the superintendent to transmit two copies of the adopted budget
731 to the Department of Education as prescribed by law and rules of
732 the State Board of Education.
733 Section 23. Subsections (2) and (4) of section 1011.035,
734 Florida Statutes, are amended to read:
735 1011.035 School district fiscal transparency.—
736 (2) Each district school board shall post on its website:
737 (a) A plain language version of each proposed, tentative,
738 and official budget which describes each budget item in terms
739 that are easily understandable to the public and includes:
740 (a) Graphical representations, for each public school
741 within the district and for the school district, of the
742 following:
743 1. Summary financial efficiency data.
744 2. Fiscal trend information for the previous 3 years on:
745 a. The ratio of full-time equivalent students to full-time
746 equivalent instructional personnel.
747 b. The ratio of full-time equivalent students to full-time
748 equivalent administrative personnel.
749 c. The total operating expenditures per full-time
750 equivalent student.
751 d. The total instructional expenditures per full-time
752 equivalent student.
753 e. The general administrative expenditures as a percentage
754 of total budget.
755 f. The rate of change in the general fund’s ending fund
756 balance not classified as restricted.
757 (b) A link to the web-based fiscal transparency tool
758 developed by the department pursuant to s. 1010.20 to enable
759 taxpayers to evaluate the financial efficiency of the school
760 district and compare the financial efficiency of the school
761 district with other similarly situated school districts.
762
763 This information must be prominently posted on the school
764 district’s website in a manner that is readily accessible to the
765 public.
766 (4) The website should contain links to:
767 (a) Help explain or provide background information on
768 various budget items that are required by state or federal law.
769 (b) Allow users to navigate to related sites to view
770 supporting details.
771 (c) enable taxpayers, parents, and education advocates to
772 send e-mails asking questions about the budget and enable others
773 to view the questions and responses.
774 Section 24. Subsection (1) of section 1011.14, Florida
775 Statutes, is amended to read:
776 1011.14 Obligations for a period of 1 year.—District school
777 boards are authorized only under the following conditions to
778 create obligations by way of anticipation of budgeted revenues
779 accruing on a current basis without pledging the credit of the
780 district or requiring future levy of taxes for certain purposes
781 for a period of 1 year; however, such obligations may be
782 extended from year to year with the consent of the lender for a
783 period not to exceed 4 years, or for a total of 5 years
784 including the initial year of the loan:
785 (1) PURPOSES.—The purposes for which such obligations may
786 be incurred within the intent of this section shall include only
787 the purchase of school buses, land, and equipment for
788 educational purposes; the erection of, alteration to, or
789 addition to educational plants, ancillary plants, and auxiliary
790 facilities; and the adjustment of insurance on educational
791 property on a 5-year plan, as provided by rules of the State
792 Board of Education.
793 Section 25. Subsection (2) of section 1011.60, Florida
794 Statutes, is amended to read:
795 1011.60 Minimum requirements of the Florida Education
796 Finance Program.—Each district which participates in the state
797 appropriations for the Florida Education Finance Program shall
798 provide evidence of its effort to maintain an adequate school
799 program throughout the district and shall meet at least the
800 following requirements:
801 (2) MINIMUM TERM.—Operate all schools for a term of 180
802 actual teaching days or the equivalent on an hourly basis as
803 specified by rules of the State Board of Education each school
804 year. The State Board of Education may prescribe procedures for
805 altering, and, upon written application, may alter, this
806 requirement during a national, state, or local emergency as it
807 may apply to an individual school or schools in any district or
808 districts if the district school board certifies to the
809 Commissioner of Education that if, in the opinion of the board,
810 it is not necessary feasible to make up lost days or hours, and
811 the apportionment may, at the discretion of the Commissioner of
812 Education and if the board determines that the reduction of
813 school days or hours is caused by the existence of a bona fide
814 emergency, be reduced for such district or districts in
815 proportion to the decrease in the length of term in any such
816 school or schools. A strike, as defined in s. 447.203(6), by
817 employees of the school district may not be considered an
818 emergency.
819 Section 26. Subsection (4) of section 1011.68, Florida
820 Statutes, is amended to read:
821 1011.68 Funds for student transportation.—The annual
822 allocation to each district for transportation to public school
823 programs, including charter schools as provided in s.
824 1002.33(17)(b), of students in membership in kindergarten
825 through grade 12 and in migrant and exceptional student programs
826 below kindergarten shall be determined as follows:
827 (4) No district shall use funds to purchase transportation
828 equipment and supplies at prices which exceed those determined
829 by the department to be the lowest which can be obtained, as
830 prescribed in s. 1006.27(1).
831 Section 27. Subsection (4) of section 1011.69, Florida
832 Statutes, is amended, and subsection (5) is added to that
833 section, to read:
834 1011.69 Equity in School-Level Funding Act.—
835 (4) After providing Title I, Part A, Basic funds to schools
836 above the 75 percent poverty threshold, which may include high
837 schools above the 50 percent threshold as permitted by federal
838 law, school districts shall provide any remaining Title I, Part
839 A, Basic funds directly to all eligible schools as provided in
840 this subsection. For purposes of this subsection, an eligible
841 school is a school that is eligible to receive Title I funds,
842 including a charter school. The threshold for identifying
843 eligible schools may not exceed the threshold established by a
844 school district for the 2016-2017 school year or the statewide
845 percentage of economically disadvantaged students, as determined
846 annually.
847 (a) Prior to the allocation of Title I funds to eligible
848 schools, a school district may withhold funds only as follows:
849 1. One percent for parent involvement, in addition to the
850 one percent the district must reserve under federal law for
851 allocations to eligible schools for parent involvement;
852 2. A necessary and reasonable amount for administration
853 which includes the district’s indirect cost rate, not to exceed
854 a total of 10 percent;
855 3. A reasonable and necessary amount to provide:
856 a. Homeless programs;
857 b. Delinquent and neglected programs;
858 c. Prekindergarten programs and activities;
859 d. Private school equitable services; and
860 e. Transportation for foster care children to their school
861 of origin or choice programs;
862 4. Up to 5 percent to provide financial incentives and
863 rewards to teachers who serve students in eligible schools,
864 including charter schools, identified for comprehensive support
865 and improvement activities or targeted support and improvement
866 activities, for the purpose of attracting and retaining
867 qualified and effective teachers, including teachers of any
868 subject or grade level for whom a measurement under s.
869 1012.34(7) or a state-approved Alternative Student Growth Model
870 is unavailable; and
871 5.4. A necessary and reasonable amount, not to exceed 1
872 percent, for eligible schools, including charter schools, to
873 provide educational services in accordance with the approved
874 Title I plan.
875 (b) All remaining Title I funds shall be distributed to all
876 eligible schools in accordance with federal law and regulation.
877 An eligible school may use funds under this subsection to
878 participate in discretionary educational services provided by
879 the school district. Any funds provided by an eligible school to
880 participate in discretionary educational services provided by
881 the school district are not subject to the requirements of this
882 subsection.
883 (c) Any funds carried forward by the school district are
884 not subject to the requirements of this subsection.
885 (5) The Department of Education shall make funds from Title
886 I, Title II, and Title III programs available to local education
887 agencies for the full period of availability provided in federal
888 law.
889 Section 28. Paragraphs (e) and (h) of subsection (2) and
890 subsections (5) and (6) of section 1011.71, Florida Statutes,
891 are amended, and paragraphs (l) and (m) are added to subsection
892 (2) of that section, to read:
893 1011.71 District school tax.—
894 (2) In addition to the maximum millage levy as provided in
895 subsection (1), each school board may levy not more than 1.5
896 mills against the taxable value for school purposes for charter
897 schools pursuant to s. 1013.62(1) and (3) and for district
898 schools to fund:
899 (e) Payments for educational plants, ancillary plants, and
900 auxiliary facilities and sites due under a lease-purchase
901 agreement entered into by a district school board pursuant to s.
902 1003.02(1)(f) or s. 1013.15(2), not exceeding, in the aggregate,
903 an amount equal to three-fourths of the proceeds from the
904 millage levied by a district school board pursuant to this
905 subsection. The three-fourths limit is waived for lease-purchase
906 agreements entered into before June 30, 2009, by a district
907 school board pursuant to this paragraph. If payments under
908 lease-purchase agreements in the aggregate, including lease
909 purchase agreements entered into before June 30, 2009, exceed
910 three-fourths of the proceeds from the millage levied pursuant
911 to this subsection, the district school board may not withhold
912 the administrative fees authorized by s. 1002.33(20) from any
913 charter school operating in the school district.
914 (h) Payment of costs of leasing relocatable educational
915 plants, ancillary plants, and auxiliary facilities, of renting
916 or leasing educational plants, ancillary plants, and auxiliary
917 facilities and sites pursuant to s. 1013.15(2), or of renting or
918 leasing buildings or space within existing buildings pursuant to
919 s. 1013.15(4).
920 (l) The purchase, lease-purchase, or lease of driver
921 education vehicles; motor vehicles used for the maintenance or
922 operation of plants and equipment; security vehicles; or
923 vehicles used in storing or distributing materials and
924 equipment.
925 (m) Payment of the cost of premiums, as defined in s.
926 627.403, for property and casualty insurance necessary to insure
927 school district educational and ancillary plants. As used in
928 this paragraph, the term “casualty insurance” means the lines of
929 insurance specified in s. 624.605(1)(d), (f), (g), (h), and (m).
930 Operating revenues that are made available through the payment
931 of property and casualty insurance premiums from revenues
932 generated under this subsection may be expended only for
933 nonrecurring operational expenditures of the school district.
934 (5) A school district may expend, subject to s. 200.065, up
935 to $175 per unweighted full-time equivalent student from the
936 revenue generated by the millage levy authorized by subsection
937 (2) to fund, in addition to expenditures authorized in
938 paragraphs (2)(a)-(j), expenses for the following:
939 (a) The purchase, lease-purchase, or lease of driver’s
940 education vehicles; motor vehicles used for the maintenance or
941 operation of plants and equipment; security vehicles; or
942 vehicles used in storing or distributing materials and
943 equipment.
944 (b) Payment of the cost of premiums, as defined in s.
945 627.403, for property and casualty insurance necessary to insure
946 school district educational and ancillary plants. As used in
947 this paragraph, casualty insurance has the same meaning as in s.
948 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
949 are made available through the payment of property and casualty
950 insurance premiums from revenues generated under this subsection
951 may be expended only for nonrecurring operational expenditures
952 of the school district.
953 (6) Violations of the expenditure provisions in subsection
954 (2) or subsection (5) shall result in an equal dollar reduction
955 in the Florida Education Finance Program (FEFP) funds for the
956 violating district in the fiscal year following the audit
957 citation.
958 Section 29. Section 1013.15, Florida Statutes, is amended
959 to read:
960 1013.15 Lease, rental, and lease-purchase of educational
961 plants, ancillary plants, and auxiliary facilities and sites.—
962 (1) A board may lease any land, facilities, or educational
963 plants owned by it to any person or entity for such term, for
964 such rent, and upon such terms and conditions as the board
965 determines to be in its best interests; any such lease may
966 provide for the optional or binding purchase of the land,
967 facilities, or educational plants by the lessee upon such terms
968 and conditions as the board determines are in its best
969 interests. A determination that any such land, facility, or
970 educational plant so leased is unnecessary for educational
971 purposes is not a prerequisite to the leasing or lease-purchase
972 of such land, facility, or educational plant. Prior to entering
973 into or executing any such lease, a board shall consider
974 approval of the lease or lease-purchase agreement at a public
975 meeting, at which a copy of the proposed agreement in its final
976 form shall be available for inspection and review by the public,
977 after due notice as required by law.
978 (2)(a) A district school board may rent or lease
979 educational plants, ancillary plants, and auxiliary facilities
980 and sites as defined in s. 1013.01. Educational plants,
981 ancillary plants, and auxiliary facilities and sites rented or
982 leased for 1 year or less shall be funded through the operations
983 budget or funds derived from millage proceeds pursuant to s.
984 1011.71(2). A lease contract for 1 year or less, when extended
985 or renewed beyond a year, becomes a multiple-year lease.
986 Operational funds or funds derived from millage proceeds
987 pursuant to s. 1011.71(2) may be authorized to be expended for
988 multiple-year leases. All leased facilities and sites must be
989 inspected prior to occupancy by the authority having
990 jurisdiction.
991 1. All newly leased spaces must be inspected and brought
992 into compliance with the Florida Building Code pursuant to
993 chapter 553 and the life safety codes pursuant to chapter 633,
994 prior to occupancy, using the board’s operations budget or funds
995 derived from millage proceeds pursuant to s. 1011.71(2).
996 2. Plans for renovation or remodeling of leased space shall
997 conform to the Florida Building Code and the Florida Fire
998 Prevention Code for educational occupancies or other
999 occupancies, as appropriate and as required in chapters 553 and
1000 633, prior to occupancy.
1001 3. All leased facilities must be inspected annually for
1002 firesafety deficiencies in accordance with the applicable code
1003 and have corrections made in accordance with s. 1013.12.
1004 Operational funds or funds derived from millage proceeds
1005 pursuant to s. 1011.71(2) may be used to correct deficiencies in
1006 leased space.
1007 4. When the board declares that a public emergency exists,
1008 it may take up to 30 days to bring the leased facility into
1009 compliance with the requirements of State Board of Education
1010 rules.
1011 (b) A board is authorized to lease-purchase educational
1012 plants, ancillary plants, and auxiliary facilities and sites as
1013 defined in s. 1013.01, and a district school board is authorized
1014 to lease-purchase educational plants, ancillary plants, and
1015 auxiliary facilities and sites. The lease-purchase of
1016 educational plants, ancillary plants, and auxiliary facilities
1017 and sites must, where applicable, comply with shall be as
1018 required by s. 1013.37, subject to the authorization in s.
1019 1013.385 to exempt certain facilities from the requirements of
1020 that section; must shall be advertised for and receive
1021 competitive proposals and be awarded to the best proposer;, and
1022 must shall be funded using current or other funds specifically
1023 authorized by law to be used for such purpose.
1024 1. A district school board, by itself, or through a direct
1025 support organization formed pursuant to s. 1001.453 or nonprofit
1026 educational organization or a consortium of district school
1027 boards, may, in developing a lease-purchase of educational
1028 plants, ancillary plants, and auxiliary facilities and sites
1029 provide for separately advertising for and receiving competitive
1030 bids or proposals on the construction of facilities and the
1031 selection of financing to provide the lowest cost funding
1032 available, so long as the board determines that such process
1033 would best serve the public interest and the available pledged
1034 revenues are limited to those authorized in s. 1011.71(2) s.
1035 1011.71(2)(e).
1036 2. All activities and information, including lists of
1037 individual participants, associated with agreements made
1038 pursuant to this section shall be subject to the provisions of
1039 chapter 119 and s. 286.011.
1040 (c)1. The term of any lease-purchase agreement, including
1041 the initial term and any subsequent renewals, shall not exceed
1042 the useful life of the educational facilities and sites for
1043 which the agreement is made, or 30 years, whichever is less.
1044 2. The initial term or any renewal term of any lease
1045 purchase agreement shall expire on June 30 of each fiscal year,
1046 but may be automatically renewed annually, subject to a board
1047 making sufficient annual appropriations therefor. Under no
1048 circumstances shall the failure of a board to renew a lease
1049 purchase agreement constitute a default or require payment of
1050 any penalty or in any way limit the right of a board to purchase
1051 or utilize educational plants, ancillary plants, and auxiliary
1052 facilities and sites similar in function to the educational
1053 plants, ancillary plants, and auxiliary facilities and sites
1054 that are the subject of the said lease-purchase agreement.
1055 Educational plants, ancillary plants, and auxiliary facilities
1056 and sites being acquired pursuant to a lease-purchase agreement
1057 shall be exempt from ad valorem taxation.
1058 3. No lease-purchase agreement entered into pursuant to
1059 this subsection shall constitute a debt, liability, or
1060 obligation of the state or a board or shall be a pledge of the
1061 faith and credit of the state or a board.
1062 4. Any lease-purchase agreement entered into pursuant to
1063 this subsection shall stipulate an annual rate which may consist
1064 of a principal component and an interest component, provided
1065 that the maximum interest rate of any interest component payable
1066 under any such lease-purchase agreement, or any participation or
1067 certificated portion thereof, shall be calculated in accordance
1068 with and be governed by the provisions of s. 215.84.
1069 (3) Lease or lease-purchase agreements entered into by
1070 university boards of trustees shall comply with the provisions
1071 of ss. 1013.171 and 1010.62.
1072 (4)(a) A board may rent or lease existing buildings, or
1073 space within existing buildings, originally constructed or used
1074 for purposes other than education, for conversion to use as
1075 educational facilities. Such buildings rented or leased for 1
1076 year or less shall be funded through the operations budget or
1077 funds derived from millage pursuant to s. 1011.71(2). A rental
1078 agreement or lease contract for 1 year or less, when extended or
1079 renewed beyond a year, becomes a multiple-year rental or lease.
1080 Operational funds or funds derived from millage proceeds
1081 pursuant to s. 1011.71(2) may be authorized to be expended for
1082 multiple-year rentals or leases. Notwithstanding any other
1083 provisions of this section, if a building was constructed in
1084 conformance with all applicable building and life safety codes,
1085 it shall be deemed to meet the requirements for use and
1086 occupancy as an educational facility subject only to the
1087 provisions of this subsection.
1088 (b) Prior to occupying a rented or a leased existing
1089 building, or space within an existing building, pursuant to this
1090 subsection, a school board shall, in a public meeting, adopt a
1091 resolution certifying that the following circumstances apply to
1092 the building proposed for occupancy:
1093 1. Growth among the school-age population in the school
1094 district has created a need for new educational facilities in a
1095 neighborhood where there is little or no vacant land.
1096 2. There exists a supply of vacant space in existing
1097 buildings that meet state minimum building and life safety
1098 codes.
1099 3. Acquisition and conversion to use as educational
1100 facilities of an existing building or buildings is a cost-saving
1101 means of providing the needed classroom space as determined by
1102 the difference between the cost of new construction, including
1103 land acquisition and preparation and, if applicable, demolition
1104 of existing structures, and the cost of acquisition through
1105 rental or lease and conversion of an existing building or
1106 buildings.
1107 4. The building has been examined for suitability, safety,
1108 and conformance with state minimum building and life safety
1109 codes. The building examination shall consist, at a minimum, of
1110 a review of existing documents, building site reconnaissance,
1111 and analysis of the building conducted by, or under the
1112 responsible charge of, a licensed structural engineer.
1113 5. A certificate of evaluation has been issued by an
1114 appropriately licensed design professional which states that,
1115 based on available documents, building site reconnaissance,
1116 current knowledge, and design judgment in the professional’s
1117 opinion, the building meets the requirements of state minimum
1118 building and life safety codes, provides safe egress of
1119 occupants from the building, provides adequate firesafety, and
1120 does not pose a substantial threat to life to persons who would
1121 occupy the building for classroom use.
1122 6. The plans for conversion of the building were prepared
1123 by an appropriate design professional licensed in this state and
1124 the work of conversion was performed by contractors licensed in
1125 this state.
1126 7. The conversion of the building was observed by an
1127 appropriate design professional licensed in this state.
1128 8. The building has been reviewed, inspected, and granted a
1129 certificate of occupancy by the local building department.
1130 9. All ceilings, light fixtures, ducts, and registers
1131 within the area to be occupied for classroom purposes were
1132 constructed or have been reconstructed to meet state minimum
1133 requirements.
1134 Section 30. Subsection (1) of section 1013.16, Florida
1135 Statutes, is amended to read:
1136 1013.16 Construction of facilities on leased property;
1137 conditions.—
1138 (1) A board may construct or place educational facilities
1139 and ancillary facilities on land that is owned by any person
1140 after the board has acquired from the owner of the land a long
1141 term lease for the use of this land for a period of not less
1142 than 40 years or the life expectancy of the permanent facilities
1143 constructed thereon, whichever is longer; however, the minimum
1144 lease term of 40 years does not apply to district school boards.
1145 Section 31. Section 1013.19, Florida Statutes, is amended
1146 to read:
1147 1013.19 Purchase, conveyance, or encumbrance of property
1148 interests above surface of land; joint-occupancy structures.—For
1149 the purpose of implementing jointly financed construction
1150 project agreements, or for the construction of combined
1151 occupancy structures, any board may purchase, own, convey, sell,
1152 lease, or encumber airspace or any other interests in property
1153 above the surface of the land, provided the lease of airspace
1154 for nonpublic use is for such reasonable rent, length of term,
1155 and conditions as the board in its discretion may determine. All
1156 proceeds from such sale or lease shall be used by a the board of
1157 trustees for a Florida College System institution or state
1158 university or boards receiving the proceeds solely for fixed
1159 capital outlay purposes. These purposes may include the
1160 renovation or remodeling of existing facilities owned by the
1161 board or the construction of new facilities; however, for a
1162 Florida College System institution board or university board,
1163 such new facility must be authorized by the Legislature. It is
1164 declared that the use of such rental by the board for public
1165 purposes in accordance with its statutory authority is a public
1166 use. Airspace or any other interest in property held by the
1167 Board of Trustees of the Internal Improvement Trust Fund or the
1168 State Board of Education may not be divested or conveyed without
1169 approval of the respective board. Any building, including any
1170 building or facility component that is common to both nonpublic
1171 and educational portions thereof, constructed in airspace that
1172 is sold or leased for nonpublic use pursuant to this section is
1173 subject to all applicable state, county, and municipal
1174 regulations pertaining to land use, zoning, construction of
1175 buildings, fire protection, health, and safety to the same
1176 extent and in the same manner as such regulations would be
1177 applicable to the construction of a building for nonpublic use
1178 on the appurtenant land beneath the subject airspace. Any
1179 educational facility constructed or leased as a part of a joint
1180 occupancy facility is subject to all rules and requirements of
1181 the respective boards or departments having jurisdiction over
1182 educational facilities. Any contract executed by a university
1183 board of trustees pursuant to this section is subject to the
1184 provisions of s. 1010.62.
1185 Section 32. Subsection (1) of section 1013.20, Florida
1186 Statutes, is amended to read:
1187 1013.20 Standards for relocatables used as classroom space;
1188 inspections.—
1189 (1) The State Board of Education shall adopt rules
1190 establishing standards for relocatables intended for long-term
1191 use as classroom space at a public elementary school, middle
1192 school, or high school. “Long-term use” means the use of
1193 relocatables at the same educational plant for a period of 4
1194 years or more. Each relocatable acquired by a district school
1195 board after the effective date of the rules and intended for
1196 long-term use must comply with the standards. District school
1197 boards shall submit a plan for the use of existing relocatables
1198 within the 5-year work program to be reviewed and approved by
1199 the commissioner by January 1, 2003. A progress report shall be
1200 provided by the commissioner to the Speaker of the House of
1201 Representatives and the President of the Senate each January
1202 thereafter. Relocatables that fail to meet the standards after
1203 completion of the approved plan may not be used as classrooms.
1204 The standards shall protect the health, safety, and welfare of
1205 occupants by requiring compliance with the Florida Building Code
1206 or the State Requirements for Educational Facilities for
1207 existing relocatables, as applicable, to ensure the safety and
1208 stability of construction and onsite installation; fire and
1209 moisture protection; air quality and ventilation; appropriate
1210 wind resistance; and compliance with the requirements of the
1211 Americans with Disabilities Act of 1990. If appropriate and
1212 where relocatables are not scheduled for replacement, the
1213 standards must also require relocatables to provide access to
1214 the same technologies available to similar classrooms within the
1215 main school facility and, if appropriate, and where relocatables
1216 are not scheduled for replacement, to be accessible by adequate
1217 covered walkways. A relocatable that is subject to this section
1218 and does not meet the standards shall not be reported as
1219 providing satisfactory student stations in the Florida Inventory
1220 of School Houses.
1221 Section 33. Section 1013.21, Florida Statutes, is repealed.
1222 Section 34. Paragraph (a) of subsection (2) of section
1223 1013.28, Florida Statutes, is amended to read:
1224 1013.28 Disposal of property.—
1225 (2) TANGIBLE PERSONAL PROPERTY.—
1226 (a) Tangible personal property that has been properly
1227 classified as surplus by a district school board or Florida
1228 College System institution board of trustees shall be disposed
1229 of in accordance with the procedure established by chapter 274.
1230 However, the provisions of chapter 274 shall not be applicable
1231 to a motor vehicle used in driver education to which title is
1232 obtained for a token amount from an automobile dealer or
1233 manufacturer. In such cases, the disposal of the vehicle shall
1234 be as prescribed in the contractual agreement between the
1235 automotive agency or manufacturer and the board. Tangible
1236 personal property that has been properly classified as surplus,
1237 marked for disposal, or otherwise unused by a district school
1238 board shall be provided for a charter school’s use on the same
1239 basis as it is made available to other public schools in the
1240 district. A charter school receiving tangible personal property
1241 that has been properly classified as surplus, marked for
1242 disposal, or otherwise unused by a district school board
1243 property from the school district may not sell or dispose of
1244 such property without the written permission of the school
1245 district.
1246 Section 35. Section 1013.31, Florida Statutes, is amended
1247 to read:
1248 1013.31 Educational plant survey; localized need
1249 assessment; PECO project funding.—
1250 (1) At least every 5 years, each Florida College System
1251 institution and state university board shall arrange for an
1252 educational plant survey, to aid in formulating plans for
1253 housing the educational program and student population, faculty,
1254 administrators, staff, and auxiliary and ancillary services of
1255 the district or campus, including consideration of the local
1256 comprehensive plan. The Department of Education shall document
1257 the need for additional career and adult education programs and
1258 the continuation of existing programs before facility
1259 construction or renovation related to career or adult education
1260 may be included in the educational plant survey of a school
1261 district or Florida College System institution that delivers
1262 career or adult education programs. Information used by the
1263 Department of Education to establish facility needs must
1264 include, but need not be limited to, labor market data, needs
1265 analysis, and information submitted by the school district or
1266 Florida College System institution.
1267 (a) Educational plant survey and localized need assessment
1268 for capital outlay purposes.—A survey recommendation is not
1269 required when a district uses funds from the following sources
1270 for educational, auxiliary, and ancillary plant capital outlay
1271 purposes:
1272 1. The local capital outlay improvement fund, consisting of
1273 funds that come from and are a part of the district’s basic
1274 operating budget;
1275 2. A taxpayer-approved bond referendum, to fund
1276 construction of an educational, auxiliary, or ancillary plant
1277 facility;
1278 3. One-half cent sales surtax revenue;
1279 4. One cent local governmental surtax revenue;
1280 5. Impact fees;
1281 6. Private gifts or donations; and
1282 7. The district school tax levied pursuant to s.
1283 1011.71(2).
1284 (b) Survey preparation and required data.—Each survey must
1285 shall be conducted by the Florida College System institution or
1286 state university board or an agency employed by the board.
1287 Surveys must shall be reviewed and approved by the board, and a
1288 file copy must shall be submitted to the Department of Education
1289 or the Chancellor of the State University System, as
1290 appropriate. The survey report must shall include at least an
1291 inventory of existing educational and ancillary plants,
1292 including safe access facilities; recommendations for existing
1293 educational and ancillary plants; recommendations for new
1294 educational or ancillary plants, including the general location
1295 of each in coordination with the land use plan and safe access
1296 facilities; campus master plan update and detail for Florida
1297 College System institutions; the utilization of school plants
1298 based on an extended school day or year-round operation; and
1299 such other information as may be required by the Department of
1300 Education. This report may be amended, if conditions warrant, at
1301 the request of the department or commissioner.
1302 (b)(c) Required need assessment criteria for district,
1303 Florida College System institution, state university, and
1304 Florida School for the Deaf and the Blind plant surveys.
1305 Educational plant surveys must use uniform data sources and
1306 criteria specified in this paragraph. Each revised educational
1307 plant survey and each new educational plant survey supersedes
1308 previous surveys.
1309 1. The school district’s survey must be submitted as a part
1310 of the district educational facilities plan defined in s.
1311 1013.35. To ensure that the data reported to the Department of
1312 Education as required by this section is correct, the department
1313 shall annually conduct an onsite review of 5 percent of the
1314 facilities reported for each school district completing a new
1315 survey that year. If the department’s review finds the data
1316 reported by a district is less than 95 percent accurate, within
1317 1 year from the time of notification by the department the
1318 district must submit revised reports correcting its data. If a
1319 district fails to correct its reports, the commissioner may
1320 direct that future fixed capital outlay funds be withheld until
1321 such time as the district has corrected its reports so that they
1322 are not less than 95 percent accurate.
1323 2. Each survey of a special facility, joint-use facility,
1324 or cooperative career education facility must be based on
1325 capital outlay full-time equivalent student enrollment data
1326 prepared by the department for school districts and Florida
1327 College System institutions and by the Chancellor of the State
1328 University System for universities. A survey of space needs of a
1329 joint-use facility shall be based upon the respective space
1330 needs of the school districts, Florida College System
1331 institutions, and universities, as appropriate. Projections of a
1332 school district’s facility space needs may not exceed the norm
1333 space and occupant design criteria established by the State
1334 Requirements for Educational Facilities.
1335 2.3. Each Florida College System institution’s survey must
1336 reflect the capacity of existing facilities as specified in the
1337 inventory maintained by the Department of Education. Projections
1338 of facility space needs must comply with standards for
1339 determining space needs as specified by rule of the State Board
1340 of Education. The 5-year projection of capital outlay student
1341 enrollment must be consistent with the annual report of capital
1342 outlay full-time student enrollment prepared by the Department
1343 of Education.
1344 3.4. Each state university’s survey must reflect the
1345 capacity of existing facilities as specified in the inventory
1346 maintained and validated by the Chancellor of the State
1347 University System. Projections of facility space needs must be
1348 consistent with standards for determining space needs as
1349 specified by regulation of the Board of Governors. The projected
1350 capital outlay full-time equivalent student enrollment must be
1351 consistent with the 5-year planned enrollment cycle for the
1352 State University System approved by the Board of Governors.
1353 4.5. The district educational facilities plan of a school
1354 district and the educational plant survey of a Florida College
1355 System institution, state university, or the Florida School for
1356 the Deaf and the Blind may include space needs that deviate from
1357 approved standards for determining space needs if the deviation
1358 is justified by the district or institution and approved by the
1359 department or the Board of Governors, as appropriate, as
1360 necessary for the delivery of an approved educational program.
1361 (c)(d) Review and validation.—The Department of Education
1362 shall review and validate the surveys of school districts and
1363 Florida College System institutions, and the Chancellor of the
1364 State University System shall review and validate the surveys of
1365 universities, and any amendments thereto for compliance with the
1366 requirements of this chapter and shall recommend those in
1367 compliance for approval by the State Board of Education or the
1368 Board of Governors, as appropriate. Annually, the department
1369 shall perform an in-depth analysis of a representative sample of
1370 each survey of recommended needs for five districts selected by
1371 the commissioner from among districts with the largest need-to
1372 revenue ratio. For the purpose of this subsection, the need-to
1373 revenue ratio is determined by dividing the total 5-year cost of
1374 projects listed on the district survey by the total 5-year fixed
1375 capital outlay revenue projections from state and local sources
1376 as determined by the department. The commissioner may condition
1377 the receipt of direct fixed capital outlay funds provided from
1378 general revenue or from state trust funds by district school
1379 boards to be withheld from districts until such time as the
1380 district school board submits a survey that accurately projects
1381 facilities needs as indicated by the Florida Inventory of School
1382 Houses, as compared with the district’s capital outlay full-time
1383 equivalent enrollment, as determined by the department.
1384 (d)(e) Periodic update of Florida Inventory of School
1385 Houses.—School districts shall periodically update their
1386 inventory of educational facilities as new capacity becomes
1387 available and as unsatisfactory space is eliminated. The State
1388 Board of Education shall adopt rules to determine the timeframe
1389 in which districts must provide a periodic update.
1390 (2) Only the district school superintendent, Florida
1391 College System institution president, or the university
1392 president shall certify to the Department of Education a
1393 project’s compliance with the requirements for expenditure of
1394 PECO funds prior to release of funds.
1395 (a) Upon request for release of PECO funds for planning
1396 purposes, certification must be made to the Department of
1397 Education that the need for and location of the facility are in
1398 compliance with the board-approved survey recommendations, that
1399 the project meets the definition of a PECO project and the
1400 limiting criteria for expenditures of PECO funding, and that the
1401 plan is consistent with the local government comprehensive plan.
1402 (b) Upon request for release of construction funds,
1403 certification must be made to the Department of Education that
1404 the need and location of the facility are in compliance with the
1405 board-approved survey recommendations, that the project meets
1406 the definition of a PECO project and the limiting criteria for
1407 expenditures of PECO funding, and that the construction
1408 documents meet the requirements of the Florida Building Code for
1409 educational facilities construction, subject to the
1410 authorization in s. 1013.385 to exempt certain facilities from
1411 the requirements of s. 1013.37, or other applicable codes as
1412 authorized in this chapter.
1413 Section 36. Section 1013.35, Florida Statutes, is amended
1414 to read:
1415 1013.35 School district educational facilities plan;
1416 definitions; preparation, adoption, and amendment; long-term
1417 work programs.—
1418 (1) DEFINITIONS.—As used in this section, the term:
1419 (a) “Adopted educational facilities plan” means the
1420 comprehensive planning document that is adopted annually by the
1421 district school board as provided in subsection (2) and that
1422 contains the educational plant survey.
1423 (b) “District facilities work program” means the 5-year
1424 listing of capital outlay projects adopted by the district
1425 school board as provided in subparagraph (2)(a)2. and paragraph
1426 (2)(b) as part of the district educational facilities plan,
1427 which is required in order to:
1428 1. Properly maintain the educational plant and ancillary
1429 facilities of the district.
1430 2. Provide an adequate number of satisfactory student
1431 stations for the projected student enrollment of the district in
1432 K-12 programs in accordance with the goal in s. 1013.21.
1433 (c) “Tentative educational facilities plan” means the
1434 comprehensive planning document prepared annually by the
1435 district school board and submitted to the Office of Educational
1436 Facilities and the affected general-purpose local governments.
1437 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1438 FACILITIES PLAN.—
1439 (a) Annually, before prior to the adoption of the district
1440 school budget, each district school board shall prepare a
1441 tentative district educational facilities plan that includes
1442 long-range planning for facilities needs over 5-year, 10-year,
1443 and 20-year periods. The plan must be developed in coordination
1444 with the general-purpose local governments and be consistent
1445 with the local government comprehensive plans. The school
1446 board’s plan for provision of new schools must meet the needs of
1447 all growing communities in the district, ranging from small
1448 rural communities to large urban cities. The plan must include:
1449 1. Projected student populations apportioned geographically
1450 at the local level. The projections must be based on information
1451 produced by the demographic, revenue, and education estimating
1452 conferences pursuant to s. 216.136, where available, as modified
1453 by the district based on development data and agreement with the
1454 local governments and the Office of Educational Facilities. The
1455 projections must be apportioned geographically with assistance
1456 from the local governments using local development trend data
1457 and the school district student enrollment data.
1458 2. An inventory of existing school facilities. Any
1459 anticipated expansions or closures of existing school sites over
1460 the 5-year, 10-year, and 20-year periods must be identified. The
1461 inventory must include an assessment of areas proximate to
1462 existing schools and identification of the need for improvements
1463 to infrastructure, safety, including safe access routes, and
1464 conditions in the community. The plan must also provide a
1465 listing of major repairs and renovation projects anticipated
1466 over the period of the plan.
1467 3. Projections of facilities space needs, which may not
1468 exceed the norm space and occupant design criteria established
1469 in the State Requirements for Educational Facilities.
1470 4. Information on leased, loaned, and donated space and
1471 relocatables used for conducting the district’s instructional
1472 programs.
1473 5. The general location of public schools proposed to be
1474 constructed over the 5-year, 10-year, and 20-year time periods,
1475 including a listing of the proposed schools’ site acreage needs
1476 and anticipated capacity and maps showing the general locations.
1477 The school board’s identification of general locations of future
1478 school sites must be based on the school siting requirements of
1479 s. 163.3177(6)(a) and policies in the comprehensive plan which
1480 provide guidance for appropriate locations for school sites.
1481 6. The identification of options deemed reasonable and
1482 approved by the school board which reduce the need for
1483 additional permanent student stations. Such options may include,
1484 but need not be limited to:
1485 a. Acceptable capacity;
1486 b. Redistricting;
1487 c. Busing;
1488 d. Year-round schools;
1489 e. Charter schools;
1490 f. Magnet schools; and
1491 g. Public-private partnerships.
1492 7. The criteria and method, jointly determined by the local
1493 government and the school board, for determining the impact of
1494 proposed development to public school capacity.
1495 (b) The plan must also include a financially feasible
1496 district facilities work program for a 5-year period. The work
1497 program must include:
1498 1. A schedule of major repair and renovation projects
1499 necessary to maintain the educational facilities and ancillary
1500 facilities of the district.
1501 2. A schedule of capital outlay projects necessary to
1502 ensure the availability of satisfactory student stations for the
1503 projected student enrollment in K-12 programs. This schedule
1504 shall consider:
1505 a. The locations, capacities, and planned utilization rates
1506 of current educational facilities of the district. The capacity
1507 of existing satisfactory facilities, as reported in the Florida
1508 Inventory of School Houses must be compared to the capital
1509 outlay full-time-equivalent student enrollment as determined by
1510 the department, including all enrollment used in the calculation
1511 of the distribution formula in s. 1013.64.
1512 b. The proposed locations of planned facilities, whether
1513 those locations are consistent with the comprehensive plans of
1514 all affected local governments, and recommendations for
1515 infrastructure and other improvements to land adjacent to
1516 existing facilities. The provisions of ss. 1013.33(6), (7), and
1517 (8) and 1013.36 must be addressed for new facilities planned
1518 within the first 3 years of the work plan, as appropriate.
1519 c. Plans for the use and location of relocatable
1520 facilities, leased facilities, and charter school facilities.
1521 d. Plans for multitrack scheduling, grade level
1522 organization, block scheduling, or other alternatives that
1523 reduce the need for additional permanent student stations.
1524 e. Information concerning average class size and
1525 utilization rate by grade level within the district which will
1526 result if the tentative district facilities work program is
1527 fully implemented.
1528 f. The number and percentage of district students planned
1529 to be educated in relocatable facilities during each year of the
1530 tentative district facilities work program. For determining
1531 future needs, student capacity may not be assigned to any
1532 relocatable classroom that is scheduled for elimination or
1533 replacement with a permanent educational facility in the current
1534 year of the adopted district educational facilities plan and in
1535 the district facilities work program adopted under this section.
1536 Those relocatable classrooms clearly identified and scheduled
1537 for replacement in a school-board-adopted, financially feasible,
1538 5-year district facilities work program shall be counted at zero
1539 capacity at the time the work program is adopted and approved by
1540 the school board. However, if the district facilities work
1541 program is changed and the relocatable classrooms are not
1542 replaced as scheduled in the work program, the classrooms must
1543 be reentered into the system and be counted at actual capacity.
1544 Relocatable classrooms may not be perpetually added to the work
1545 program or continually extended for purposes of circumventing
1546 this section. All relocatable classrooms not identified and
1547 scheduled for replacement, including those owned, lease
1548 purchased, or leased by the school district, must be counted at
1549 actual student capacity. The district educational facilities
1550 plan must identify the number of relocatable student stations
1551 scheduled for replacement during the 5-year survey period and
1552 the total dollar amount needed for that replacement.
1553 g. Plans for the closure of any school, including plans for
1554 disposition of the facility or usage of facility space, and
1555 anticipated revenues.
1556 h. Projects for which capital outlay and debt service funds
1557 accruing under s. 9(d), Art. XII of the State Constitution are
1558 to be used shall be identified separately in priority order on a
1559 project priority list within the district facilities work
1560 program.
1561 3. The projected cost for each project identified in the
1562 district facilities work program. For proposed projects for new
1563 student stations, a schedule shall be prepared comparing the
1564 planned cost and square footage for each new student station, by
1565 elementary, middle, and high school levels, to the low, average,
1566 and high cost of facilities constructed throughout the state
1567 during the most recent fiscal year for which data is available
1568 from the Department of Education.
1569 4. A schedule of estimated capital outlay revenues from
1570 each currently approved source which is estimated to be
1571 available for expenditure on the projects included in the
1572 district facilities work program.
1573 5. A schedule indicating which projects included in the
1574 district facilities work program will be funded from current
1575 revenues projected in subparagraph 4.
1576 6. A schedule of options for the generation of additional
1577 revenues by the district for expenditure on projects identified
1578 in the district facilities work program which are not funded
1579 under subparagraph 5. Additional anticipated revenues may
1580 include Classrooms First funds.
1581 (c) To the extent available, the tentative district
1582 educational facilities plan shall be based on information
1583 produced by the demographic, revenue, and education estimating
1584 conferences pursuant to s. 216.136.
1585 (2)(d) Provision must shall be made for public comment
1586 concerning the tentative district educational facilities plan.
1587 (e) The district school board shall coordinate with each
1588 affected local government to ensure consistency between the
1589 tentative district educational facilities plan and the local
1590 government comprehensive plans of the affected local governments
1591 during the development of the tentative district educational
1592 facilities plan.
1593 (3)(f) Not less than once every 5 years, the district
1594 school board shall have an audit conducted of the district’s
1595 educational planning and construction activities. An operational
1596 audit conducted by the Auditor General pursuant to s. 11.45
1597 satisfies this requirement.
1598 (4)(3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
1599 FACILITIES PLAN TO LOCAL GOVERNMENT.—The district school board
1600 shall submit a copy of its tentative district educational
1601 facilities plan to all affected local governments before prior
1602 to adoption by the board. The affected local governments may
1603 shall review the tentative district educational facilities plan
1604 and comment to the district school board on the consistency of
1605 the plan with the local comprehensive plan, whether a
1606 comprehensive plan amendment will be necessary for any proposed
1607 educational facility, and whether the local government supports
1608 a necessary comprehensive plan amendment. If the local
1609 government does not support a comprehensive plan amendment for a
1610 proposed educational facility, the matter must shall be resolved
1611 pursuant to the interlocal agreement when required by ss.
1612 163.3177(6)(h), 163.31777, and 1013.33(2). The process for the
1613 submittal and review must shall be detailed in the interlocal
1614 agreement when required pursuant to ss. 163.3177(6)(h),
1615 163.31777, and 1013.33(2).
1616 (5)(4) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.
1617 Annually, the district school board shall consider and adopt the
1618 tentative district educational facilities plan completed
1619 pursuant to subsection (2). Upon giving proper notice to the
1620 public and local governments and opportunity for public comment,
1621 the district school board may amend the plan to revise the
1622 priority of projects, to add or delete projects, to reflect the
1623 impact of change orders, or to reflect the approval of new
1624 revenue sources which may become available. The adopted district
1625 educational facilities plan must shall:
1626 (a) Be a complete, balanced, and financially feasible
1627 capital outlay financial plan for the district.
1628 (b) Set forth the proposed commitments and planned
1629 expenditures of the district to address the educational
1630 facilities needs of its students and to adequately provide for
1631 the maintenance of the educational plant and ancillary
1632 facilities, including safe access ways from neighborhoods to
1633 schools.
1634 (6)(5) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL FACILITIES
1635 PLAN.—The first year of the adopted district educational
1636 facilities plan constitutes shall constitute the capital outlay
1637 budget required in s. 1013.61. The adopted district educational
1638 facilities plan shall include the information required in
1639 subparagraphs (2)(b)1., 2., and 3., based upon projects actually
1640 funded in the plan.
1641 Section 37. Section 1013.356, Florida Statutes, is amended
1642 to read:
1643 1013.356 Local funding for educational facilities benefit
1644 districts or community development districts.—Upon confirmation
1645 by a district school board of the commitment of revenues by an
1646 educational facilities benefit district or community development
1647 district necessary to construct and maintain an educational
1648 facility contained within an individual district facilities work
1649 program or proposed by an approved charter school or a charter
1650 school applicant, the following funds shall be provided to the
1651 educational facilities benefit district or community development
1652 district annually, beginning with the next fiscal year after
1653 confirmation until the district’s financial obligations are
1654 completed:
1655 (1) All educational facilities impact fee revenue collected
1656 for new development within the educational facilities benefit
1657 district or community development district. Funds provided under
1658 this subsection shall be used to fund the construction and
1659 capital maintenance costs of educational facilities.
1660 (2) For construction and capital maintenance costs not
1661 covered by the funds provided under subsection (1), an annual
1662 amount contributed by the district school board equal to one
1663 half of the remaining costs of construction and capital
1664 maintenance of the educational facility. Any construction costs
1665 above the cost-per-student criteria established in s.
1666 1013.64(6)(b)1. shall be funded exclusively by the educational
1667 facilities benefit district or the community development
1668 district. Funds contributed by a district school board shall not
1669 be used to fund operational costs.
1670
1671 Educational facilities funded pursuant to this act may be
1672 constructed on land that is owned by any person after the
1673 district school board has acquired from the owner of the land a
1674 long-term lease for the use of this land for a period of not
1675 less than 40 years or the life expectancy of the permanent
1676 facilities constructed thereon, whichever is longer. All
1677 interlocal agreements entered into pursuant to this act must
1678 shall provide for ownership of educational facilities funded
1679 pursuant to this act to revert to the district school board if
1680 such facilities cease to be used for public educational purposes
1681 before prior to 40 years after construction or prior to the end
1682 of the life expectancy of the educational facilities, whichever
1683 is longer.
1684 Section 38. Section 1013.385, Florida Statutes, is amended
1685 to read:
1686 1013.385 School district construction flexibility.—
1687 (1) A district school board may, with a majority vote at a
1688 public meeting that begins no earlier than 5 p.m., adopt a
1689 resolution to implement one or more of the exceptions to the
1690 educational facilities construction requirements to provide a
1691 school with provided in this section.
1692 (2) A resolution adopted under this section may propose
1693 implementation of exceptions to requirements of the uniform
1694 statewide building code for the planning and construction of
1695 public educational and ancillary plants adopted pursuant to ss.
1696 553.73 and 1013.37 relating to:
1697 (a) Interior non-load-bearing walls, by approving the use
1698 of fire-rated wood stud walls in new construction or remodeling
1699 for interior non-load-bearing wall assemblies that will not be
1700 exposed to water or located in wet areas.
1701 (b) Walkways, roadways, driveways, and parking areas, by
1702 approving the use of designated, stabilized, and well-drained
1703 gravel or grassed student parking areas.
1704 (c) Standards for relocatables used as classroom space, as
1705 specified in s. 1013.20, by approving construction
1706 specifications for installation of relocatable buildings that do
1707 not have covered walkways leading to the permanent buildings
1708 onsite.
1709 (d) Site lighting, by approving construction specifications
1710 regarding site lighting that:
1711 1. Do not provide for lighting of gravel or grassed
1712 auxiliary or student parking areas.
1713 2. Provide lighting for walkways, roadways, driveways,
1714 paved parking lots, exterior stairs, ramps, and walkways from
1715 the exterior of the building to a public walkway through
1716 installation of a timer that is set to provide lighting only
1717 during periods when the site is occupied.
1718 3. Allow lighting for building entrances and exits to be
1719 installed with a timer that is set to provide lighting only
1720 during periods in which the building is occupied. The minimum
1721 illumination level at single-door exits may be reduced to no
1722 less than 1 foot-candle.
1723 (e) Any other provisions that limit the ability of a school
1724 to operate in a facility on the same basis as a charter school
1725 pursuant to s. 1002.33(18). When a hurricane evacuation shelter
1726 deficit, as determined by the Division of Emergency Management,
1727 in the regional planning council region in which the county is
1728 located makes public shelter design criteria applicable, any
1729 exceptions to the public shelter design criteria remain subject
1730 to the concurrence of the applicable local emergency management
1731 agency or the Division of Emergency Management so long as the
1732 regional planning council determines that there is sufficient
1733 shelter capacity within the school district as documented in the
1734 Statewide Emergency Shelter Plan. A school board may not be
1735 required to build more emergency-shelter space than identified
1736 as needed in the Statewide Emergency Shelter Plan.
1737 Section 39. Subsections (3) and (4) of section 1013.41,
1738 Florida Statutes, are amended to read:
1739 1013.41 SMART schools; Classrooms First; legislative
1740 purpose.—
1741 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the
1742 purpose of the Legislature to create s. 1013.35, requiring each
1743 school district annually to adopt an educational facilities plan
1744 that provides an integrated long-range facilities plan,
1745 including the survey of projected needs and the 5-year work
1746 program. The purpose of the educational facilities plan is to
1747 keep the district school board, local governments, and the
1748 public fully informed as to whether the district is using sound
1749 policies and practices that meet the essential needs of students
1750 and that warrant public confidence in district operations. The
1751 educational facilities plan will be monitored by the Office of
1752 Educational Facilities, which will also apply performance
1753 standards pursuant to s. 1013.04.
1754 (4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
1755 the Legislature to require the Office of Educational Facilities
1756 to assist school districts in building SMART schools utilizing
1757 functional and frugal practices. The Office of Educational
1758 Facilities shall must review district facilities work programs
1759 and projects and identify opportunities to maximize design and
1760 construction savings; develop school district facilities work
1761 program performance standards; and provide for review and
1762 recommendations to the Governor, the Legislature, and the State
1763 Board of Education.
1764 Section 40. Paragraph (e) of subsection (1) and subsection
1765 (4) of section 1013.45, Florida Statutes, are amended to read:
1766 1013.45 Educational facilities contracting and construction
1767 techniques for school districts and Florida College System
1768 institutions.—
1769 (1) District school boards and boards of trustees of
1770 Florida College System institutions may employ procedures to
1771 contract for construction of new facilities, or for additions,
1772 remodeling, renovation, maintenance, or repairs to existing
1773 facilities, which include, but are not limited to:
1774 (e) Day-labor contracts not exceeding $280,000 for
1775 construction, renovation, remodeling, or maintenance of existing
1776 facilities. This amount shall be adjusted annually based upon
1777 changes in the Consumer Price Index. District school boards are
1778 exempt from the contract limitations provided in this paragraph.
1779 (4) Except as otherwise provided in this section and s.
1780 481.229, the services of a registered architect must be used by
1781 Florida College System institution and state university boards
1782 of trustees for the development of plans for the erection,
1783 enlargement, or alteration of any educational facility. The
1784 services of a registered architect are not required for a minor
1785 renovation project for which the construction cost is less than
1786 $50,000 or for the placement or hookup of relocatable
1787 educational facilities that conform to standards adopted under
1788 s. 1013.37. However, boards must provide compliance with
1789 building code requirements and ensure that these structures are
1790 adequately anchored for wind resistance as required by law. A
1791 district school board shall reuse existing construction
1792 documents or design criteria packages if such reuse is feasible
1793 and practical. If a school district’s 5-year educational
1794 facilities work plan includes the construction of two or more
1795 new schools for students in the same grade group and program,
1796 such as elementary, middle, or high school, the district school
1797 board must require that prototype design and construction be
1798 used for the construction of these schools. Notwithstanding s.
1799 287.055, a board may purchase the architectural services for the
1800 design of educational or ancillary facilities under an existing
1801 contract agreement for professional services held by a district
1802 school board in the State of Florida, provided that the purchase
1803 is to the economic advantage of the purchasing board, the
1804 services conform to the standards prescribed by rules of the
1805 State Board of Education, and such reuse is not without notice
1806 to, and permission from, the architect of record whose plans or
1807 design criteria are being reused. Plans must be reviewed for
1808 compliance with the State Requirements for Educational
1809 Facilities. Rules adopted under this section must establish
1810 uniform prequalification, selection, bidding, and negotiation
1811 procedures applicable to construction management contracts and
1812 the design-build process. This section does not supersede any
1813 small, woman-owned, or minority-owned business enterprise
1814 preference program adopted by a board. Except as otherwise
1815 provided in this section, the negotiation procedures applicable
1816 to construction management contracts and the design-build
1817 process must conform to the requirements of s. 287.055. A board
1818 may not modify any rules regarding construction management
1819 contracts or the design-build process.
1820 Section 41. Section 1013.48, Florida Statutes, is amended
1821 to read:
1822 1013.48 Changes in construction requirements after award of
1823 contract.—The board may, at its option and by written policy
1824 duly adopted and entered in its official minutes, authorize the
1825 superintendent or president or other designated individual to
1826 approve change orders in the name of the board for
1827 preestablished amounts. Approvals must shall be for the purpose
1828 of expediting the work in progress and must shall be reported to
1829 the board and entered in its official minutes. For
1830 accountability, the school district shall monitor and report the
1831 impact of change orders on its district educational facilities
1832 plan pursuant to s. 1013.35.
1833 Section 42. Section 1013.64, Florida Statutes, is amended
1834 to read:
1835 1013.64 Funds for comprehensive educational plant needs;
1836 construction cost maximums for school district capital
1837 projects.—Allocations from the Public Education Capital Outlay
1838 and Debt Service Trust Fund to the various boards for capital
1839 outlay projects must shall be determined as follows:
1840 (1)(a) Funds for remodeling, renovation, maintenance,
1841 repairs, and site improvement for existing satisfactory
1842 facilities shall be given priority consideration by the
1843 Legislature for appropriations allocated to the boards from the
1844 total amount of the Public Education Capital Outlay and Debt
1845 Service Trust Fund appropriated. These funds shall be calculated
1846 pursuant to the following basic formula: the building value
1847 times the building age over the sum of the years’ digits
1848 assuming a 50-year building life. For modular noncombustible
1849 facilities, a 35-year life shall be used, and for relocatable
1850 facilities, a 20-year life shall be used. “Building value” is
1851 calculated by multiplying each building’s total assignable
1852 square feet times the appropriate net-to-gross conversion rate
1853 found in state board rules and that product times the current
1854 average new construction cost. “Building age” is calculated by
1855 multiplying the prior year’s building age times 1 minus the
1856 prior year’s sum received from this subsection divided by the
1857 prior year’s building value. To the net result shall be added
1858 the number 1. Each board shall receive the percentage generated
1859 by the preceding formula of the total amount appropriated for
1860 the purposes of this section.
1861 (b) Each board is prohibited from using the funds received
1862 pursuant to this section to supplant funds in the current fiscal
1863 year approved operating budget, and all budgeted funds shall be
1864 expended at a rate not less than would have been expended had
1865 the funds under this section not been received.
1866 (c) Each remodeling, renovation, maintenance, repair, or
1867 site improvement project will expand or upgrade current
1868 educational plants to prolong the useful life of the plant.
1869 (d) Each board shall maintain fund accounting in a manner
1870 which will permit a detailed audit of the funds expended in this
1871 program.
1872 (e) Remodeling projects must shall be based on the
1873 recommendations of a survey pursuant to s. 1013.31, or, for
1874 district school boards, as indicated by the relative need as
1875 determined by the Florida Inventory of School Houses and the
1876 capital outlay full-time equivalent enrollment in the district.
1877 (f) At least one-tenth of a Florida College System
1878 institution’s or state university’s board of trustees’ board’s
1879 annual allocation provided under this section must shall be
1880 spent to correct unsafe, unhealthy, or unsanitary conditions in
1881 its educational facilities, as required by s. 1013.12, or a
1882 lesser amount sufficient to correct all deficiencies cited in
1883 its annual comprehensive safety inspection reports. This
1884 paragraph must shall not be construed to limit the amount a
1885 board may expend to correct such deficiencies.
1886 (g) When an existing educational plant is determined to be
1887 unsatisfactory pursuant to the survey conducted under s.
1888 1013.31, the board may, by resolution, designate the plant as a
1889 historic educational facility and may use funds generated for
1890 renovation and remodeling pursuant to this section to restore
1891 the facility for use by the board. The board shall agree to pay
1892 renovation and remodeling costs in excess of funds which such
1893 facility would have generated through the depreciation formula
1894 in paragraph (a) had the facility been determined to be
1895 satisfactory. The board shall further agree that the plant shall
1896 continue to house students. The board may designate a plant as a
1897 historic educational facility only if the Division of Historical
1898 Resources of the Department of State or the appropriate historic
1899 preservation board under chapter 266 certifies that:
1900 1. The plant is listed or determined eligible for listing
1901 in the National Register of Historic Places pursuant to the
1902 National Historic Preservation Act of 1966, as amended, 16
1903 U.S.C. s. 470;
1904 2. The plant is designated historic within a certified
1905 local district pursuant to s. 48(g)(3)(B)(ii) of the Internal
1906 Revenue Code; or
1907 3. The division or historic preservation board otherwise
1908 finds that the plant is historically significant.
1909 (h) University boards of trustees may utilize funds
1910 appropriated pursuant to this section for replacement of minor
1911 facilities. Minor facilities may not be replaced from funds
1912 provided pursuant to this section unless the board determines
1913 that the cost of repair or renovation is greater than or equal
1914 to the cost of replacement.
1915 (2)(a) The department shall establish, as a part of the
1916 Public Education Capital Outlay and Debt Service Trust Fund, a
1917 separate account, in an amount determined by the Legislature, to
1918 be known as the “Special Facility Construction Account.” The
1919 Special Facility Construction Account shall be used to provide
1920 necessary construction funds to school districts which have
1921 urgent construction needs but which lack sufficient resources at
1922 present, and cannot reasonably anticipate sufficient resources
1923 within the period of the next 3 years, for these purposes from
1924 currently authorized sources of capital outlay revenue. A school
1925 district requesting funding from the Special Facility
1926 Construction Account shall submit one specific construction
1927 project, not to exceed one complete educational plant, to the
1928 Special Facility Construction Committee. A district may not
1929 receive funding for more than one approved project in any 3-year
1930 period or while any portion of the district’s participation
1931 requirement is outstanding. The first year of the 3-year period
1932 shall be the first year a district receives an appropriation.
1933 During the 2019-2020 school year, a school district that
1934 sustained hurricane damage in the 2018-2019 school year may
1935 request funding from the Special Facility Construction Account
1936 for a new project before the completion of the district’s
1937 participation requirement for an outstanding project. The
1938 department shall encourage a construction program that reduces
1939 the average size of schools in the district. The request must
1940 meet the following criteria to be considered by the committee:
1941 1. The project must be deemed a critical need and must be
1942 recommended for funding by the Special Facility Construction
1943 Committee. Before developing construction plans for the proposed
1944 facility, the district school board must request a
1945 preapplication review by the Special Facility Construction
1946 Committee or a project review subcommittee convened by the chair
1947 of the committee to include two representatives of the
1948 department and two staff members from school districts not
1949 eligible to participate in the program. A school district may
1950 request a preapplication review at any time; however, if the
1951 district school board seeks inclusion in the department’s next
1952 annual capital outlay legislative budget request, the
1953 preapplication review request must be made before February 1.
1954 Within 90 days after receiving the preapplication review
1955 request, the committee or subcommittee must meet in the school
1956 district to review the project proposal and existing facilities.
1957 To determine whether the proposed project is a critical need,
1958 the committee or subcommittee shall consider, at a minimum, the
1959 capacity of all existing facilities within the district as
1960 determined by the Florida Inventory of School Houses; the
1961 district’s pattern of student growth; the district’s existing
1962 and projected capital outlay full-time equivalent student
1963 enrollment as determined by the demographic, revenue, and
1964 education estimating conferences established in s. 216.136; the
1965 district’s existing satisfactory student stations; the use of
1966 all existing district property and facilities; grade level
1967 configurations; and any other information that may affect the
1968 need for the proposed project.
1969 2. The construction project must be recommended in the most
1970 recent survey or survey amendment cooperatively prepared by the
1971 district school board and the department, and approved by the
1972 department under the rules of the State Board of Education. If a
1973 district school board employs a consultant in the preparation of
1974 a survey or survey amendment, the consultant may not be employed
1975 by or receive compensation from a third party that designs or
1976 constructs a project recommended by the survey.
1977 3. The construction project must appear on the district’s
1978 approved project priority list under the rules of the State
1979 Board of Education.
1980 4. The district school board must have selected and had
1981 approved a site for the construction project in compliance with
1982 s. 1013.36 and the rules of the State Board of Education.
1983 5. The district school board shall have developed a
1984 district school board adopted list of facilities that do not
1985 exceed the norm for net square feet occupancy requirements under
1986 the State Requirements for Educational Facilities, using all
1987 possible programmatic combinations for multiple use of space to
1988 obtain maximum daily use of all spaces within the facility under
1989 consideration.
1990 6. Upon construction, the total cost per student station,
1991 including change orders, must not exceed the cost per student
1992 station as provided in subsection (6) unless approved by the
1993 Special Facility Construction Committee. At the discretion of
1994 the committee, costs that exceed the cost per student station
1995 for special facilities may include legal and administrative
1996 fees, the cost of site improvements or related offsite
1997 improvements, the cost of complying with public shelter and
1998 hurricane hardening requirements, cost overruns created by a
1999 disaster as defined in s. 252.34(2), costs of security
2000 enhancements approved by the school safety specialist, and
2001 unforeseeable circumstances beyond the district’s control.
2002 7. There shall be an agreement signed by the district
2003 school board stating that it will advertise for bids within 30
2004 days of receipt of its encumbrance authorization from the
2005 department.
2006 7.8. For construction projects for which Special Facilities
2007 Construction Account funding is sought before the 2019-2020
2008 fiscal year, the district shall, at the time of the request and
2009 for a continuing period necessary to meet the district’s
2010 participation requirement, levy the maximum millage against its
2011 nonexempt assessed property value as allowed in s. 1011.71(2) or
2012 shall raise an equivalent amount of revenue from the school
2013 capital outlay surtax authorized under s. 212.055(6). Beginning
2014 with construction projects for which Special Facilities
2015 Construction Account funding is sought in the 2019-2020 fiscal
2016 year, the district shall, for a minimum of 3 years before
2017 submitting the request and for a continuing period necessary to
2018 meet its participation requirement, levy the maximum millage
2019 against the district’s nonexempt assessed property value as
2020 authorized under s. 1011.71(2) or shall raise an equivalent
2021 amount of revenue from the school capital outlay surtax
2022 authorized under s. 212.055(6). Any district with a new or
2023 active project, funded under the provisions of this subsection,
2024 shall be required to budget no more than the value of 1 mill per
2025 year to the project until the district’s participation
2026 requirement relating to the local discretionary capital
2027 improvement millage or the equivalent amount of revenue from the
2028 school capital outlay surtax is satisfied.
2029 8.9. If a contract has not been signed 90 days after the
2030 advertising of bids, the funding for the specific project shall
2031 revert to the Special Facility New Construction Account to be
2032 reallocated to other projects on the list. However, an
2033 additional 90 days may be granted by the commissioner.
2034 9.10. The department shall certify the inability of the
2035 district to fund the survey-recommended project over a
2036 continuous 3-year period using projected capital outlay revenue
2037 derived from s. 9(d), Art. XII of the State Constitution, as
2038 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2039 10.11. The district shall have on file with the department
2040 an adopted resolution acknowledging its commitment to satisfy
2041 its participation requirement, which is equivalent to all
2042 unencumbered and future revenue acquired from s. 9(d), Art. XII
2043 of the State Constitution, as amended, paragraph (3)(a) of this
2044 section, and s. 1011.71(2), in the year of the initial
2045 appropriation and for the 2 years immediately following the
2046 initial appropriation.
2047 11.12. Phase I plans must be approved by the district
2048 school board as being in compliance with the building and life
2049 safety codes before June 1 of the year the application is made.
2050 (b) The Special Facility Construction Committee shall be
2051 composed of the following: two representatives of the Department
2052 of Education, a representative from the Governor’s office, a
2053 representative selected annually by the district school boards,
2054 and a representative selected annually by the superintendents. A
2055 representative of the department shall chair the committee.
2056 (c) The committee shall review the requests submitted from
2057 the districts, evaluate the ability of the project to relieve
2058 critical needs, and rank the requests in priority order. This
2059 statewide priority list for special facilities construction
2060 shall be submitted to the Legislature in the commissioner’s
2061 annual capital outlay legislative budget request at least 45
2062 days prior to the legislative session.
2063 (3)(a) Each district school board shall receive an amount
2064 from the Public Education Capital Outlay and Debt Service Trust
2065 Fund to be calculated by computing the capital outlay membership
2066 as determined by the department. Such membership must include,
2067 but is not limited to, prekindergarten through grade 12 students
2068 whose instruction is funded by the Florida Education Finance
2069 Program and for whom the school district provides the
2070 educational facility.
2071 (b) The capital outlay full-time equivalent membership
2072 shall be determined by counting the reported unweighted full
2073 time equivalent student membership for the second and third
2074 surveys with each survey limited to 0.5 full-time equivalent
2075 student membership per student and comparing the results on a
2076 school-by-school basis with the Florida Inventory of School
2077 Houses.
2078 (c) The capital outlay full-time equivalent membership by
2079 grade level organization shall be used in making calculations.
2080 The capital outlay membership by grade level organization for
2081 the 4th prior year must be used to compute the base-year
2082 allocation. The capital outlay full-time equivalent membership
2083 by grade-level organization for the prior year must be used to
2084 compute the growth over the highest of the 3 years preceding the
2085 prior year. From the total amount appropriated by the
2086 Legislature pursuant to this subsection, 40 percent shall be
2087 allocated among the base capital outlay full-time equivalent
2088 membership and 60 percent among the growth capital outlay full
2089 time equivalent membership. The allocation within each of these
2090 groups shall be prorated to the districts based upon each
2091 district’s percentage of base and growth capital outlay full
2092 time equivalent membership. The most recent 4-year capital
2093 outlay full-time equivalent membership data shall be used in
2094 each subsequent year’s calculation for the allocation of funds
2095 pursuant to this subsection. If a change, correction, or
2096 recomputation of data during any year results in a reduction or
2097 increase of the calculated amount previously allocated to a
2098 district, the allocation to that district shall be adjusted
2099 accordingly. If such recomputation results in an increase or
2100 decrease of the calculated amount, such additional or reduced
2101 amounts shall be added to or reduced from the district’s future
2102 appropriations. However, no change, correction, or recomputation
2103 of data shall be made subsequent to 2 years following the
2104 initial annual allocation.
2105 (d) Funds accruing to a district school board from the
2106 provisions of this section shall be expended on needed projects
2107 as shown by survey or surveys under the rules of the State Board
2108 of Education.
2109 (e) A district school board may lease relocatable
2110 educational facilities for up to 3 years using nonbonded PECO
2111 funds and for any time period using local capital outlay
2112 millage.
2113 (f) Funds distributed to the district school boards shall
2114 be allocated solely based on the provisions of paragraphs (1)(a)
2115 and (2)(a) and paragraphs (a)-(c) of this subsection. No
2116 individual school district projects shall be funded off the top
2117 of funds allocated to district school boards.
2118 (4)(a) Florida College System institution boards of
2119 trustees and university boards of trustees shall receive funds
2120 for projects based on a 3-year priority list, to be updated
2121 annually, which is submitted to the Legislature in the
2122 legislative budget request at least 90 days prior to the
2123 legislative session. The State Board of Education shall submit a
2124 3-year priority list for Florida College System institutions,
2125 and the Board of Governors shall submit a 3-year priority list
2126 for universities. The lists shall reflect decisions by the State
2127 Board of Education for Florida College System institutions and
2128 the Board of Governors for state universities concerning program
2129 priorities that implement the statewide plan for program growth
2130 and quality improvement in education. No remodeling or
2131 renovation project shall be included on the 3-year priority list
2132 unless the project has been recommended pursuant to s. 1013.31
2133 or is for the purpose of correcting health and safety
2134 deficiencies. No new construction project shall be included on
2135 the first year of the 3-year priority list unless the
2136 educational specifications have been approved by the
2137 commissioner for a Florida College System institution project or
2138 by the Board of Governors for a university project, as
2139 applicable. The funds requested for a new construction project
2140 in the first year of the 3-year priority list shall be in
2141 conformance with the scope of the project as defined in the
2142 educational specifications. Any new construction project
2143 requested in the first year of the 3-year priority list which is
2144 not funded by the Legislature shall be carried forward to be
2145 listed first in developing the updated 3-year priority list for
2146 the subsequent year’s capital outlay budget. Should the order of
2147 the priority of the projects change from year to year, a
2148 justification for such change shall be included with the updated
2149 priority list.
2150 (b) Florida College System institution boards of trustees
2151 and university boards of trustees may lease relocatable
2152 educational facilities for up to 3 years using nonbonded PECO
2153 funds.
2154 (c) Florida College System institution boards of trustees
2155 and university boards of trustees shall receive funds for
2156 remodeling, renovation, maintenance and repairs, and site
2157 improvement for existing satisfactory facilities pursuant to
2158 subsection (1).
2159 (5) District school boards shall identify each fund source
2160 and the use of each proportionate to the project cost, as
2161 identified in the bid document, to assure compliance with this
2162 section. The data shall be submitted to the department, which
2163 shall track this information as submitted by the boards. PECO
2164 funds shall not be expended as indicated in the following:
2165 (a) District school boards shall provide landscaping by
2166 local funding sources or initiatives. District school boards are
2167 exempt from local landscape ordinances but may comply with the
2168 local requirements if such compliance is less costly than
2169 compliance with the landscape requirements of the Florida
2170 Building Code for public educational facilities.
2171 (b) PECO funds shall not be used for the construction of
2172 football fields, bleachers, site lighting for athletic
2173 facilities, tennis courts, stadiums, racquetball courts, or any
2174 other competition-type facilities not required for physical
2175 education curriculum. Regional or intradistrict football
2176 stadiums may be constructed with these funds provided a minimum
2177 of two high schools and two middle schools are assigned to the
2178 facility and the stadiums are survey recommended. Sophisticated
2179 auditoria shall be limited to magnet performing arts schools,
2180 with all other schools using basic lighting and sound systems as
2181 determined by rule. Local funds shall be used for enhancement of
2182 athletic and performing arts facilities.
2183 (6)(a) Each district school board must meet all educational
2184 plant space needs of its elementary, middle, and high schools
2185 before spending funds from the Public Education Capital Outlay
2186 and Debt Service Trust Fund or the School District and Community
2187 College District Capital Outlay and Debt Service Trust Fund for
2188 any ancillary plant or any other new construction, renovation,
2189 or remodeling of ancillary space. Expenditures to meet such
2190 space needs may include expenditures for site acquisition; new
2191 construction of educational plants; renovation, remodeling, and
2192 maintenance and repair of existing educational plants, including
2193 auxiliary facilities; and the directly related costs of such
2194 services of school district personnel. It is not the intent of
2195 the Legislature to preclude the use of capital outlay funding
2196 for the labor costs necessary to accomplish the authorized uses
2197 for the capital outlay funding. Day-labor contracts or any other
2198 educational facilities contracting and construction techniques
2199 pursuant to s. 1013.45 are authorized. Additionally, if a school
2200 district has salaried maintenance staff whose duties consist
2201 solely of performing the labor necessary to accomplish the
2202 authorized uses for the capital outlay funding, such funding may
2203 be used for those salaries; however, if a school district has
2204 salaried staff whose duties consist partially of performing the
2205 labor necessary to accomplish the authorized uses for the
2206 capital outlay funding, the district shall prorate the portion
2207 of salary of each such employee that is based on labor for
2208 authorized capital outlay funding, and such funding may be used
2209 to pay that portion.
2210 (b)1. A district school board may not use funds from the
2211 following sources: Public Education Capital Outlay and Debt
2212 Service Trust Fund; School District and Community College
2213 District Capital Outlay and Debt Service Trust Fund; Classrooms
2214 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
2215 levy of ad valorem property taxes provided in s. 1011.71(2);
2216 Classrooms for Kids Program funds provided in s. 1013.735;
2217 District Effort Recognition Program funds provided in s.
2218 1013.736; or High Growth District Capital Outlay Assistance
2219 Grant Program funds provided in s. 1013.738 to pay for any
2220 portion of the cost of any new construction of educational plant
2221 space with a total cost per student station, including change
2222 orders, which exceeds:
2223 a. $17,952 for an elementary school;
2224 b. $19,386 for a middle school; or
2225 c. $25,181 for a high school,
2226
2227 (January 2006) as adjusted annually to reflect increases or
2228 decreases in the Consumer Price Index. The department, in
2229 conjunction with the Office of Economic and Demographic
2230 Research, shall estimate review and adjust the cost per student
2231 station limits to reflect actual construction costs by January
2232 1, 2020, and annually thereafter. The adjusted cost per student
2233 station shall be used by the department for computation of the
2234 statewide average costs per student station for each
2235 instructional level pursuant to paragraph (d). The department
2236 may shall also collaborate with the Office of Economic and
2237 Demographic Research to select an industry-recognized
2238 construction index to reflect annual changes in the cost per
2239 student station replace the Consumer Price Index by January 1,
2240 2020, adjusted annually to reflect changes in the construction
2241 index.
2242 2. District school boards School districts shall maintain
2243 accurate documentation related to the costs of all new
2244 construction of educational plant space reported to the
2245 Department of Education pursuant to paragraph (c) (d). The
2246 Auditor General shall review the documentation maintained by the
2247 school districts and verify compliance with the limits under
2248 this paragraph during its scheduled operational audits of the
2249 school district.
2250 3. Except for educational facilities and sites subject to a
2251 lease-purchase agreement entered pursuant to s. 1011.71(2)(e) or
2252 funded solely through local impact fees, in addition to the
2253 funding sources listed in subparagraph 1., a district school
2254 board may not use funds from any sources for new construction of
2255 educational plant space with a total cost per student station,
2256 including change orders, which equals more than the current
2257 adjusted amounts provided in sub-subparagraphs 1.a.-c. However,
2258 if a contract has been executed for architectural and design
2259 services or for construction management services before July 1,
2260 2017, a district school board may use funds from any source for
2261 the new construction of educational plant space and such funds
2262 are exempt from the total cost per student station requirements.
2263 4. A district school board must not use funds from the
2264 Public Education Capital Outlay and Debt Service Trust Fund or
2265 the School District and Community College District Capital
2266 Outlay and Debt Service Trust Fund for any new construction of
2267 an ancillary plant that exceeds 70 percent of the average cost
2268 per square foot of new construction for all schools.
2269 (c) Except as otherwise provided, new construction for
2270 which a contract has been executed for architectural and design
2271 services or for construction management services by a district
2272 school board on or after July 1, 2017, may not exceed the cost
2273 per student station as provided in paragraph (b).
2274 (d) The department shall:
2275 1. Compute for each calendar year the statewide average
2276 construction costs for facilities serving each instructional
2277 level, for relocatable educational facilities, for
2278 administrative facilities, and for other ancillary and auxiliary
2279 facilities. The department shall compute the statewide average
2280 costs per student station for each instructional level.
2281 2. Annually review the actual completed construction costs
2282 of educational facilities in each school district. For any
2283 school district in which the total actual cost per student
2284 station, including change orders, exceeds the statewide limits
2285 established in paragraph (b), the school district shall report
2286 to the department the actual cost per student station and the
2287 reason for the school district’s inability to adhere to the
2288 limits established in paragraph (b). The department shall
2289 collect all such reports and shall provide these reports to the
2290 Auditor General for verification purposes.
2291
2292 Cost per student station includes contract costs, fees of
2293 architects and engineers, and the cost of furniture and
2294 equipment. Cost per student station does not include the cost of
2295 purchasing or leasing the site for the construction, legal and
2296 administrative costs, or the cost of related site or offsite
2297 improvements. Cost per student station also does not include the
2298 cost for securing entries, checkpoint construction, lighting
2299 specifically designed for entry point security, security
2300 cameras, automatic locks and locking devices, electronic
2301 security systems, fencing designed to prevent intruder entry
2302 into a building, bullet-proof glass, or other capital
2303 construction items approved by the school safety specialist to
2304 ensure building security for new educational, auxiliary, or
2305 ancillary facilities.
2306 (e) Notwithstanding the requirements of this subsection, an
2307 unfinished construction project for new construction of
2308 educational plant space that was started on or before July 1,
2309 2026, is exempt from the total cost per student station
2310 requirements established in paragraph (b).
2311 Section 43. Subsections (5) and (6) of section 1013.68,
2312 Florida Statutes, are amended to read:
2313 1013.68 Classrooms First Program; uses.—
2314 (5) A school district may only receive a distribution for
2315 use pursuant to paragraph (2)(a) if the district school board
2316 certifies to the Commissioner of Education that the district has
2317 no immediate unmet need for permanent classroom facilities in
2318 its facilities 5-year capital outlay work plan. If the work plan
2319 contains such unmet needs, the district must use its
2320 distribution for the payment of bonds pursuant to paragraph
2321 (2)(b). If the district does not require its full bonded
2322 distribution to eliminate such unmet need, it may bond only that
2323 portion of its allocation necessary to meet the needs.
2324 (6) School districts may enter into interlocal agreements
2325 to lend their Classrooms First Program funds as provided in
2326 paragraph (2)(c). A school district or multiple school districts
2327 that receive cash proceeds may, after considering their own new
2328 construction needs outlined in their 5-year district facilities
2329 work program, lend their Classrooms First Program funds to
2330 another school district that has need for new facilities. The
2331 interlocal agreement must be approved by the Commissioner of
2332 Education and must outline the amount of the funds to be lent,
2333 the term of the loan, the repayment schedule, and any interest
2334 amount to be repaid in addition to the principal amount of the
2335 loan.
2336 Section 44. Paragraph (e) of subsection (6) of section
2337 163.3180, Florida Statutes, is amended to read:
2338 163.3180 Concurrency.—
2339 (6)
2340 (e) A school district that includes relocatable facilities
2341 in its inventory of student stations shall include the capacity
2342 of such relocatable facilities as provided in s.
2343 1013.35(2)(b)2.f., provided the relocatable facilities were
2344 purchased after 1998 and the relocatable facilities meet the
2345 standards for long-term use pursuant to s. 1013.20.
2346 Section 45. Subsection (5) of section 1002.31, Florida
2347 Statutes, is amended to read:
2348 1002.31 Controlled open enrollment; public school parental
2349 choice.—
2350 (5) For a school or program that is a public school of
2351 choice under this section, the calculation for compliance with
2352 maximum class size pursuant to s. 1003.03(1) s. 1003.03(4) is
2353 the average number of students at the school level.
2354 Section 46. Paragraph (i) of subsection (2) of section
2355 1003.621, Florida Statutes, is amended to read:
2356 1003.621 Academically high-performing school districts.—It
2357 is the intent of the Legislature to recognize and reward school
2358 districts that demonstrate the ability to consistently maintain
2359 or improve their high-performing status. The purpose of this
2360 section is to provide high-performing school districts with
2361 flexibility in meeting the specific requirements in statute and
2362 rules of the State Board of Education.
2363 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
2364 high-performing school district shall comply with all of the
2365 provisions in chapters 1000-1013, and rules of the State Board
2366 of Education which implement these provisions, pertaining to the
2367 following:
2368 (i) Those statutes pertaining to educational facilities,
2369 including chapter 1013, except that s. 1013.20, relating to
2370 covered walkways for portables, and s. 1013.21, relating to the
2371 use of relocatable facilities that exceed 20 years of age, are
2372 eligible for exemption.
2373 Section 47. Paragraph (e) of subsection (2) of section
2374 1003.631, Florida Statutes, is amended to read:
2375 1003.631 Schools of Excellence.—The Schools of Excellence
2376 Program is established to provide administrative flexibility to
2377 the state’s top schools so that the instructional personnel and
2378 administrative staff at such schools can continue to serve their
2379 communities and increase student learning to the best of their
2380 professional ability.
2381 (2) ADMINISTRATIVE FLEXIBILITIES.—A School of Excellence
2382 must be provided the following administrative flexibilities:
2383 (e) Calculation for compliance with maximum class size
2384 pursuant to s. 1003.03(1) s. 1003.03(4) based on the average
2385 number of students at the school level.
2386 Section 48. Paragraph (b) of subsection (3) of section
2387 1011.6202, Florida Statutes, is amended to read:
2388 1011.6202 Principal Autonomy Program Initiative.—The
2389 Principal Autonomy Program Initiative is created within the
2390 Department of Education. The purpose of the program is to
2391 provide a highly effective principal of a participating school
2392 with increased autonomy and authority to operate his or her
2393 school, as well as other schools, in a way that produces
2394 significant improvements in student achievement and school
2395 management while complying with constitutional requirements. The
2396 State Board of Education may, upon approval of a principal
2397 autonomy proposal, enter into a performance contract with the
2398 district school board for participation in the program.
2399 (3) EXEMPTION FROM LAWS.—
2400 (b) A participating school or a school operated by a
2401 principal pursuant to subsection (5) shall comply with the
2402 provisions of chapters 1000-1013, and rules of the state board
2403 that implement those provisions, pertaining to the following:
2404 1. Those laws relating to the election and compensation of
2405 district school board members, the election or appointment and
2406 compensation of district school superintendents, public meetings
2407 and public records requirements, financial disclosure, and
2408 conflicts of interest.
2409 2. Those laws relating to the student assessment program
2410 and school grading system, including chapter 1008.
2411 3. Those laws relating to the provision of services to
2412 students with disabilities.
2413 4. Those laws relating to civil rights, including s.
2414 1000.05, relating to discrimination.
2415 5. Those laws relating to student health, safety, and
2416 welfare.
2417 6. Section 1001.42(4)(f), relating to the uniform opening
2418 date for public schools.
2419 7. Section 1003.03, governing maximum class size, except
2420 that the calculation for compliance pursuant to s. 1003.03 is
2421 the average at the school level for a participating school.
2422 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
2423 compensation and salary schedules.
2424 9. Section 1012.33(5), relating to workforce reductions for
2425 annual contracts for instructional personnel. This subparagraph
2426 does not apply to at-will employees.
2427 10. Section 1012.335, relating to annual contracts for
2428 instructional personnel hired on or after July 1, 2011. This
2429 subparagraph does not apply to at-will employees.
2430 11. Section 1012.34, relating to personnel evaluation
2431 procedures and criteria.
2432 12. Those laws pertaining to educational facilities,
2433 including chapter 1013, except that s. 1013.20, relating to
2434 covered walkways for relocatables, and s. 1013.21, relating to
2435 the use of relocatable facilities exceeding 20 years of age, are
2436 eligible for exemption.
2437 13. Those laws pertaining to participating school
2438 districts, including this section and ss. 1011.69(2) and
2439 1012.28(8).
2440 Section 49. Subsection (2) of section 1011.73, Florida
2441 Statutes, is amended to read:
2442 1011.73 District millage elections.—
2443 (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district
2444 school board, pursuant to resolution adopted at a regular
2445 meeting, shall direct the county commissioners to call an
2446 election at which the electors within the school district may
2447 approve an ad valorem tax millage as authorized under s.
2448 1011.71(8) s. 1011.71(9). Such election may be held at any time,
2449 except that not more than one such election shall be held during
2450 any 12-month period. Any millage so authorized shall be levied
2451 for a period not in excess of 4 years or until changed by
2452 another millage election, whichever is earlier. If any such
2453 election is invalidated by a court of competent jurisdiction,
2454 such invalidated election shall be considered not to have been
2455 held.
2456 Section 50. Paragraph (b) of subsection (2) of section
2457 1012.555, Florida Statutes, is amended to read:
2458 1012.555 Teacher Apprenticeship Program.—
2459 (2)
2460 (b) As a condition of participating in the program, an
2461 apprentice teacher must commit to spending the first 2 years in
2462 the classroom of a mentor teacher using team teaching strategies
2463 identified in s. 1003.03(4)(b) s. 1003.03(5)(b) and fulfilling
2464 the on-the-job training component of the registered
2465 apprenticeship and its associated standards.
2466 Section 51. Paragraph (a) of subsection (3) of section
2467 1013.62, Florida Statutes, is amended to read:
2468 1013.62 Charter schools capital outlay funding.—
2469 (3) If the school board levies the discretionary millage
2470 authorized in s. 1011.71(2), the department shall use the
2471 following calculation methodology to determine the amount of
2472 revenue that a school district must distribute to each eligible
2473 charter school:
2474 (a) Reduce the total discretionary millage revenue by the
2475 school district’s annual debt service obligation incurred as of
2476 March 1, 2017, which has not been subsequently retired, and any
2477 amount of participation requirement pursuant to s.
2478 1013.64(2)(a)7. s. 1013.64(2)(a)8. that is being satisfied by
2479 revenues raised by the discretionary millage.
2480
2481 By October 1 of each year, each school district shall certify to
2482 the department the amount of debt service and participation
2483 requirement that complies with the requirement of paragraph (a)
2484 and can be reduced from the total discretionary millage revenue.
2485 The Auditor General shall verify compliance with the
2486 requirements of paragraph (a) and s. 1011.71(2)(e) during
2487 scheduled operational audits of school districts.
2488 Section 52. This act shall take effect July 1, 2024.