Florida Senate - 2016                                    SB 1064
       By Senator Flores
       37-01223A-16                                          20161064__
    1                        A bill to be entitled                      
    2         An act relating to the Special Facility Construction
    3         Account; amending s. 1013.64, F.S.; providing that a
    4         school district may not receive funds from the Special
    5         Facility Construction Account under certain
    6         circumstances; revising the criteria for a request for
    7         funding; authorizing the request for a preapplication
    8         review to take place at any time; providing
    9         exceptions; revising the time period for completion of
   10         the review; providing that certain capital outlay
   11         full-time equivalent student enrollment estimates be
   12         determined by specified estimating conferences;
   13         requiring surveys to be cooperatively prepared by
   14         certain entities and approved by the Department of
   15         Education; prohibiting certain consultants from
   16         specified employment and compensation; requiring the
   17         total cost per student station to include certain cost
   18         overruns; requiring a school district to levy the
   19         maximum millage against certain property value under
   20         certain circumstances; reducing the required millage
   21         to be budgeted for a project; requiring certain plans
   22         to be finalized by a specified date; requiring a
   23         representative of the department to chair the Special
   24         Facility Construction Committee; providing an
   25         effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraphs (a) and (b) of subsection (2) of
   30  section 1013.64, Florida Statutes, are amended to read:
   31         1013.64 Funds for comprehensive educational plant needs;
   32  construction cost maximums for school district capital
   33  projects.—Allocations from the Public Education Capital Outlay
   34  and Debt Service Trust Fund to the various boards for capital
   35  outlay projects shall be determined as follows:
   36         (2)(a) The department shall establish, as a part of the
   37  Public Education Capital Outlay and Debt Service Trust Fund, a
   38  separate account, in an amount determined by the Legislature, to
   39  be known as the “Special Facility Construction Account.” The
   40  Special Facility Construction Account shall be used to provide
   41  necessary construction funds to school districts which have
   42  urgent construction needs but which lack sufficient resources at
   43  present, and cannot reasonably anticipate sufficient resources
   44  within the period of the next 3 years, for these purposes from
   45  currently authorized sources of capital outlay revenue. A school
   46  district requesting funding from the Special Facility
   47  Construction Account shall submit one specific construction
   48  project, not to exceed one complete educational plant, to the
   49  Special Facility Construction Committee. A No district may not
   50  shall receive funding for more than one approved project in any
   51  3-year period or while any portion of the district’s
   52  participation requirement is outstanding. The first year of the
   53  3-year period shall be the first year a district receives an
   54  appropriation. The department shall encourage a construction
   55  program that reduces the average size of schools in the
   56  district. The request must meet the following criteria to be
   57  considered by the committee:
   58         1. The project must be deemed a critical need and must be
   59  recommended for funding by the Special Facility Construction
   60  Committee. Before Prior to developing construction plans for the
   61  proposed facility, the district school board must request a
   62  preapplication review by the Special Facility Construction
   63  Committee or a project review subcommittee convened by the chair
   64  of the committee to include two representatives of the
   65  department and two staff members from school districts not
   66  eligible to participate in the program. A school district may
   67  request a preapplication review at any time; however, if the
   68  district school board seeks inclusion in the department’s next
   69  annual capital outlay legislative budget request, the
   70  preapplication review request must be made before February 1.
   71  Within 90 60 days after receiving the preapplication review
   72  request, the committee or subcommittee must meet in the school
   73  district to review the project proposal and existing facilities.
   74  To determine whether the proposed project is a critical need,
   75  the committee or subcommittee shall consider, at a minimum, the
   76  capacity of all existing facilities within the district as
   77  determined by the Florida Inventory of School Houses; the
   78  district’s pattern of student growth; the district’s existing
   79  and projected capital outlay full-time equivalent student
   80  enrollment as determined by the demographic, revenue, and
   81  education estimating conferences established in s. 216.136
   82  department; the district’s existing satisfactory student
   83  stations; the use of all existing district property and
   84  facilities; grade level configurations; and any other
   85  information that may affect the need for the proposed project.
   86         2. The construction project must be recommended in the most
   87  recent survey or survey amendment cooperatively prepared surveys
   88  by the district and the department, and approved by the
   89  department under the rules of the State Board of Education. If a
   90  district employs a consultant in the preparation of a survey or
   91  survey amendment, the consultant may not be employed by or
   92  receive compensation from a third party that designs or
   93  constructs a project recommended by the survey.
   94         3. The construction project must appear on the district’s
   95  approved project priority list under the rules of the State
   96  Board of Education.
   97         4. The district must have selected and had approved a site
   98  for the construction project in compliance with s. 1013.36 and
   99  the rules of the State Board of Education.
  100         5. The district shall have developed a district school
  101  board adopted list of facilities that do not exceed the norm for
  102  net square feet occupancy requirements under the State
  103  Requirements for Educational Facilities, using all possible
  104  programmatic combinations for multiple use of space to obtain
  105  maximum daily use of all spaces within the facility under
  106  consideration.
  107         6. Upon construction, the total cost per student station,
  108  including change orders, must not exceed the cost per student
  109  station as provided in subsection (6) except for cost overruns
  110  created by a disaster as defined in s. 252.34 or an
  111  unforeseeable circumstance beyond the district’s control as
  112  determined by the Special Facility Construction Committee.
  113         7. There shall be an agreement signed by the district
  114  school board stating that it will advertise for bids within 30
  115  days of receipt of its encumbrance authorization from the
  116  department.
  117         8. For construction projects for which Special Facilities
  118  Construction Account funding is sought before the 2019-2020
  119  fiscal year, the district shall, at the time of the request and
  120  for a continuing period necessary to meet the district’s
  121  participation requirement of 3 years, levy the maximum millage
  122  against its their nonexempt assessed property value as allowed
  123  in s. 1011.71(2) or shall raise an equivalent amount of revenue
  124  from the school capital outlay surtax authorized under s.
  125  212.055(6). Beginning with construction projects for which
  126  Special Facilities Construction Account funding is sought in the
  127  2019-2020 fiscal year, the district shall, for a minimum of 3
  128  years before submitting the request and for a continuing period
  129  necessary to meet its participation requirement, levy the
  130  maximum millage against the district’s nonexempt assessed
  131  property value as authorized under s. 1011.71(2) or shall raise
  132  an equivalent amount of revenue from the school capital outlay
  133  surtax authorized under s. 212.055(6). Any district with a new
  134  or active project, funded under the provisions of this
  135  subsection, shall be required to budget no more than the value
  136  of 1 mill 1.5 mills per year to the project until the district’s
  137  to satisfy the annual participation requirement relating to the
  138  local discretionary capital improvement millage or the
  139  equivalent amount of revenue from the school capital outlay
  140  surtax is satisfied in the Special Facility Construction
  141  Account.
  142         9. If a contract has not been signed 90 days after the
  143  advertising of bids, the funding for the specific project shall
  144  revert to the Special Facility New Construction Account to be
  145  reallocated to other projects on the list. However, an
  146  additional 90 days may be granted by the commissioner.
  147         10. The department shall certify the inability of the
  148  district to fund the survey-recommended project over a
  149  continuous 3-year period using projected capital outlay revenue
  150  derived from s. 9(d), Art. XII of the State Constitution, as
  151  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
  152         11. The district shall have on file with the department an
  153  adopted resolution acknowledging its 3-year commitment to
  154  satisfy its participation requirement, which is equivalent to of
  155  all unencumbered and future revenue acquired from s. 9(d), Art.
  156  XII of the State Constitution, as amended, paragraph (3)(a) of
  157  this section, and s. 1011.71(2), in the year of the initial
  158  appropriation and for the 2 years immediately following the
  159  initial appropriation.
  160         12. Final phase III plans must be certified by the district
  161  school board as complete and in compliance with the building and
  162  life safety codes before June 1 of the year the application is
  163  made prior to August 1.
  164         (b) The Special Facility Construction Committee shall be
  165  composed of the following: two representatives of the Department
  166  of Education, a representative from the Governor’s office, a
  167  representative selected annually by the district school boards,
  168  and a representative selected annually by the superintendents. A
  169  representative of the department shall chair the committee.
  170         Section 2. This act shall take effect July 1, 2016.