House Bill hb0001c1
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Florida House of Representatives - 2001 CS/HB 1
By the Council for Lifelong Learning and Representatives
Kilmer and Richardson
1 A bill to be entitled
2 An act relating to educational facilities;
3 amending s. 235.435, F.S.; authorizing school
4 districts to qualify construction projects for
5 funding under the Special Facility Construction
6 Account by using the school capital outlay
7 surtax in lieu of the maximum millage against
8 their nonexempt assessed property value;
9 specifying funding eligibility of certain
10 projects; providing for future repeal of such
11 eligibility provision; providing an effective
12 date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Paragraph (a) of subsection (2) of section
17 235.435, Florida Statutes, is amended to read:
18 235.435 Funds for comprehensive educational plant
19 needs; construction cost maximums for school district capital
20 projects.--Allocations from the Public Education Capital
21 Outlay and Debt Service Trust Fund to the various boards for
22 capital outlay projects shall be determined as follows:
23 (2)(a) The department shall establish, as a part of
24 the Public Education Capital Outlay and Debt Service Trust
25 Fund, a separate account, in an amount determined by the
26 Legislature, to be known as the "Special Facility Construction
27 Account." The Special Facility Construction Account shall be
28 used to provide necessary construction funds to school
29 districts which have urgent construction needs but which lack
30 sufficient resources at present, and cannot reasonably
31 anticipate sufficient resources within the period of the next
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Florida House of Representatives - 2001 CS/HB 1
400-105-01
1 3 years, for these purposes from currently authorized sources
2 of capital outlay revenue. A school district requesting
3 funding from the Special Facility Construction Account shall
4 submit one specific construction project, not to exceed one
5 complete educational plant, to the Special Facility
6 Construction Committee. No district shall receive funding for
7 more than one approved project in any 3-year period. The first
8 year of the 3-year period shall be the first year a district
9 receives an appropriation. The department shall encourage a
10 construction program that reduces the average size of schools
11 in the district. The request must meet the following criteria
12 to be considered by the committee:
13 1. The project must be deemed a critical need and must
14 be recommended for funding by the Special Facility
15 Construction Committee. Prior to developing plans for the
16 proposed facility, the district school board must request a
17 preapplication review by the Special Facility Construction
18 Committee or a project review subcommittee convened by the
19 committee to include two representatives of the department and
20 two staff from school districts other than the district
21 submitting the project. Within 60 days after receiving the
22 preapplication review request, the committee or subcommittee
23 must meet in the school district to review the project
24 proposal and existing facilities. To determine whether the
25 proposed project is a critical need, the committee or
26 subcommittee shall consider, at a mimimum, the capacity of all
27 existing facilities within the district as determined by the
28 Florida Inventory of School Houses; the district's pattern of
29 student growth; the district's existing and projected capital
30 outlay full-time equivalent student enrollment as determined
31 by the department; the district's existing satisfactory
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Florida House of Representatives - 2001 CS/HB 1
400-105-01
1 student stations; the use of all existing district property
2 and facilities; grade level configurations; and any other
3 information that may affect the need for the proposed project.
4 2. The construction project must be recommended in the
5 most recent survey or surveys by the district under the rules
6 of the State Board of Education.
7 3. The construction project must appear on the
8 district's approved project priority list under the rules of
9 the State Board of Education.
10 4. The district must have selected and had approved a
11 site for the construction project in compliance with s. 235.19
12 and the rules of the State Board of Education.
13 5. The district shall have developed a school board
14 adopted list of facilities that do not exceed the norm for net
15 square feet occupancy requirements under the State
16 Requirements for Educational Facilities, using all possible
17 programmatic combinations for multiple use of space to obtain
18 maximum daily use of all spaces within the facility under
19 consideration.
20 6. Upon construction, the total cost per student
21 station, including change orders, must not exceed the cost per
22 student station as provided in subsection (6).
23 7. There shall be an agreement signed by the district
24 school board stating that it will advertise for bids within 30
25 days of receipt of its encumbrance authorization from the
26 department.
27 8. The district shall, at the time of the request and
28 for a continuing period of 3 years, levy the maximum millage
29 against their nonexempt assessed property value as allowed in
30 s. 236.25(2) or shall raise an equivalent amount of revenue
31 from the school capital outlay surtax authorized under s.
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Florida House of Representatives - 2001 CS/HB 1
400-105-01
1 212.055(6). Effective July 1, 1991, any district with a new or
2 active project, funded under the provisions of this
3 subsection, shall be required to budget no more than the value
4 of 1.5 mills per year to the project to satisfy the annual
5 participation requirement in the Special Facility Construction
6 Account.
7 9. If a contract has not been signed 90 days after the
8 advertising of bids, the funding for the specific project
9 shall revert to the Special Facility New Construction Account
10 to be reallocated to other projects on the list. However, an
11 additional 90 days may be granted by the commissioner.
12 10. The department shall certify the inability of the
13 district to fund the survey-recommended project over a
14 continuous 3-year period using projected capital outlay
15 revenue derived from s. 9(d), Art. XII of the State
16 Constitution, as amended, paragraph (3)(a) of this section,
17 and s. 236.25(2).
18 11. The district shall have on file with the
19 department an adopted resolution acknowledging its 3-year
20 commitment of all unencumbered and future revenue acquired
21 from s. 9(d), Art. XII of the State Constitution, as amended,
22 paragraph (3)(a) of this section, and s. 236.25(2).
23 12. Final phase III plans must be certified by the
24 board as complete and in compliance with the building and life
25 safety codes prior to August 1.
26 Section 2. Any special facility construction project
27 for which phase III plans were certified by August 1, 2000, as
28 complete and in compliance with the building and life safety
29 codes as required by s. 235.435(2)(a)12., Florida Statutes, is
30 eligible for funding under s. 235.435(2), Florida Statutes, as
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Florida House of Representatives - 2001 CS/HB 1
400-105-01
1 amended by this act, if otherwise qualified, beginning July 1,
2 2001. This section is repealed October 1, 2002.
3 Section 3. This act shall take effect upon becoming a
4 law.
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