Florida Senate - 2017 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 642 Ì861926>Î861926 576-04121-17 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Pre-K - 12 Education) 1 A bill to be entitled 2 An act relating to public educational facilities; 3 amending s. 1013.35, F.S.; providing requirements for 4 determining the capacity of facilities in certain 5 schools as reported in the Florida Inventory of School 6 Houses; amending s. 1013.37, F.S.; requiring the 7 Commissioner of Education to grant an exemption from 8 the State Requirements for Educational Facilities to a 9 district school board under certain circumstances; 10 requiring such district school board to comply with 11 certain Florida Building Code and Florida Fire 12 Prevention Code provisions; amending s. 1013.64, F.S.; 13 authorizing a district school board to use funds from 14 any source for the new construction of educational 15 plant space under certain circumstances; conforming 16 provisions to changes made by the act; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (b) of subsection (2) of section 22 1013.35, Florida Statutes, is amended to read: 23 1013.35 School district educational facilities plan; 24 definitions; preparation, adoption, and amendment; long-term 25 work programs.— 26 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 27 FACILITIES PLAN.— 28 (b) The plan must also include a financially feasible 29 district facilities work program for a 5-year period. The work 30 program must include: 31 1. A schedule of major repair and renovation projects 32 necessary to maintain the educational facilities and ancillary 33 facilities of the district. 34 2. A schedule of capital outlay projects necessary to 35 ensure the availability of satisfactory student stations for the 36 projected student enrollment in K-12 programs. This schedule 37 shall consider: 38 a. The locations, capacities, and planned utilization rates 39 of current educational facilities of the district. The capacity 40 of existing satisfactory facilities, as reported in the Florida 41 Inventory of School Houses, must be compared to the capital 42 outlay full-time-equivalent student enrollment as determined by 43 the department, including all enrollment used in the calculation 44 of the distribution formula in s. 1013.64. For purposes of 45 determining the capacity of school facilities at K-8 schools, as 46 reported in the Florida Inventory of School Houses, a classroom 47 housing students in kindergarten through grade 5 is considered 48 an elementary school, and a classroom housing students in grades 49 6 through 8 is considered a middle school. 50 b. The proposed locations of planned facilities, whether 51 those locations are consistent with the comprehensive plans of 52 all affected local governments, and recommendations for 53 infrastructure and other improvements to land adjacent to 54 existing facilities. The provisions of ss. 1013.33(6), (7), and 55 (8) and 1013.36 must be addressed for new facilities planned 56 within the first 3 years of the work plan, as appropriate. 57 c. Plans for the use and location of relocatable 58 facilities, leased facilities, and charter school facilities. 59 d. Plans for multitrack scheduling, grade level 60 organization, block scheduling, or other alternatives that 61 reduce the need for additional permanent student stations. 62 e. Information concerning average class size and 63 utilization rate by grade level within the district which will 64 result if the tentative district facilities work program is 65 fully implemented. 66 f. The number and percentage of district students planned 67 to be educated in relocatable facilities during each year of the 68 tentative district facilities work program. For determining 69 future needs, student capacity may not be assigned to any 70 relocatable classroom that is scheduled for elimination or 71 replacement with a permanent educational facility in the current 72 year of the adopted district educational facilities plan and in 73 the district facilities work program adopted under this section. 74 Those relocatable classrooms clearly identified and scheduled 75 for replacement in a school-board-adopted, financially feasible, 76 5-year district facilities work program shall be counted at zero 77 capacity at the time the work program is adopted and approved by 78 the school board. However, if the district facilities work 79 program is changed and the relocatable classrooms are not 80 replaced as scheduled in the work program, the classrooms must 81 be reentered into the system and be counted at actual capacity. 82 Relocatable classrooms may not be perpetually added to the work 83 program or continually extended for purposes of circumventing 84 this section. All relocatable classrooms not identified and 85 scheduled for replacement, including those owned, lease 86 purchased, or leased by the school district, must be counted at 87 actual student capacity. The district educational facilities 88 plan must identify the number of relocatable student stations 89 scheduled for replacement during the 5-year survey period and 90 the total dollar amount needed for that replacement. 91 g. Plans for the closure of any school, including plans for 92 disposition of the facility or usage of facility space, and 93 anticipated revenues. 94 h. Projects for which capital outlay and debt service funds 95 accruing under s. 9(d), Art. XII of the State Constitution are 96 to be used shall be identified separately in priority order on a 97 project priority list within the district facilities work 98 program. 99 3. The projected cost for each project identified in the 100 district facilities work program. For proposed projects for new 101 student stations, a schedule shall be prepared comparing the 102 planned cost and square footage for each new student station, by 103 elementary, middle, and high school levels, to the low, average, 104 and high cost of facilities constructed throughout the state 105 during the most recent fiscal year for which data is available 106 from the Department of Education. 107 4. A schedule of estimated capital outlay revenues from 108 each currently approved source which is estimated to be 109 available for expenditure on the projects included in the 110 district facilities work program. 111 5. A schedule indicating which projects included in the 112 district facilities work program will be funded from current 113 revenues projected in subparagraph 4. 114 6. A schedule of options for the generation of additional 115 revenues by the district for expenditure on projects identified 116 in the district facilities work program which are not funded 117 under subparagraph 5. Additional anticipated revenues may 118 include Classrooms First funds. 119 Section 2. Subsection (3) of section 1013.37, Florida 120 Statutes, is amended to read: 121 1013.37 State uniform building code for public educational 122 facilities construction.— 123 (3) REVIEW PROCEDURE; EXEMPTION.— 124 (a) The Commissioner of Education shall cooperate with the 125 Florida Building Commission in addressing all questions, 126 disputes, or interpretations involving the provisions of the 127 Florida Building Code which govern the construction of public 128 educational and ancillary facilities, and any objections to 129 decisions made by the inspectors or the department must be 130 submitted in writing. 131 (b) Upon request by a district school board, the 132 commissioner shall grant an exemption from the State 133 Requirements for Educational Facilities (SREF). A district 134 school board must provide a comprehensive cost-benefit analysis 135 along with its request for an exemption from the SREF. Any 136 district school board that is granted such exemption shall 137 continue to comply with applicable provisions of the Florida 138 Building Code and the Florida Fire Prevention Code which relate 139 to the construction, remodeling, and renovation of educational 140 facilities. 141 Section 3. Upon the expiration and reversion of the 142 amendments to section 1013.64, Florida Statutes, pursuant to 143 section 36 of chapter 2016-62, Laws of Florida, paragraph (a) of 144 subsection (3) and paragraphs (b) and (c) of subsection (6) of 145 section 1013.64, Florida Statutes, are amended to read: 146 1013.64 Funds for comprehensive educational plant needs; 147 construction cost maximums for school district capital 148 projects.—Allocations from the Public Education Capital Outlay 149 and Debt Service Trust Fund to the various boards for capital 150 outlay projects shall be determined as follows: 151 (3)(a) Each district school board shall receive an amount 152 from the Public Education Capital Outlay and Debt Service Trust 153 Fund to be calculated by computing the capital outlay full-time 154 equivalent membership as determined by the department. Such 155 membership must include, but is not limited to: 156 1. K-12 students for whom the school district provides the 157 educational facility, except hospital- and homebound part-time 158 students; and 159 2. Students who are career education students, and adult 160 disabled students and who are enrolled in school district career 161 centers. The capital outlay full-time equivalent membership 162 shall be determined for kindergarten through the 12th grade and 163 for career centers by averaging the unweighted full-time 164 equivalent student membership for the second and third surveys 165 and comparing the results on a school-by-school basis with the 166 Florida Inventory for School Houses. For purposes of determining 167 the capacity of school facilities at K-8 schools, as reported in 168 the Florida Inventory of School Houses, a classroom housing 169 students in kindergarten through grade 5 is considered an 170 elementary school, and a classroom housing students in grades 6 171 through 8 is considered a middle school. The capital outlay 172 full-time equivalent membership by grade level organization 173 shall be used in making the following calculations: The capital 174 outlay full-time equivalent membership by grade level 175 organization for the 4th prior year must be used to compute the 176 base-year allocation. The capital outlay full-time equivalent 177 membership by grade-level organization for the prior year must 178 be used to compute the growth over the highest of the 3 years 179 preceding the prior year. From the total amount appropriated by 180 the Legislature pursuant to this subsection, 40 percent shall be 181 allocated among the base capital outlay full-time equivalent 182 membership and 60 percent among the growth capital outlay full 183 time equivalent membership. The allocation within each of these 184 groups shall be prorated to the districts based upon each 185 district’s percentage of base and growth capital outlay full 186 time membership. The most recent 4-year capital outlay full-time 187 equivalent membership data shall be used in each subsequent 188 year’s calculation for the allocation of funds pursuant to this 189 subsection. If a change, correction, or recomputation of data 190 during any year results in a reduction or increase of the 191 calculated amount previously allocated to a district, the 192 allocation to that district shall be adjusted correspondingly. 193 If such recomputation results in an increase or decrease of the 194 calculated amount, such additional or reduced amounts shall be 195 added to or reduced from the district’s future appropriations. 196 However, no change, correction, or recomputation of data shall 197 be made subsequent to 2 years following the initial annual 198 allocation. 199 (6) 200 (b)1. A district school board may not use funds from the 201 following sources: Public Education Capital Outlay and Debt 202 Service Trust Fund; School District and Community College 203 District Capital Outlay and Debt Service Trust Fund; Classrooms 204 First Program funds provided in s. 1013.68; nonvoted 1.5-mill 205 levy of ad valorem property taxes provided in s. 1011.71(2); 206 Classrooms for Kids Program funds provided in s. 1013.735; 207 District Effort Recognition Program funds provided in s. 208 1013.736; or High Growth District Capital Outlay Assistance 209 Grant Program funds provided in s. 1013.738 for any new 210 construction of educational plant space with a total cost per 211 student station, including change orders, that equals more than: 212 a. $17,952 for an elementary school, 213 b. $19,386 for a middle school, or 214 c. $25,181 for a high school, 215 216 (January 2006) as adjusted annually to reflect increases or 217 decreases in the Consumer Price Index. 218 2. School districts shall maintain accurate documentation 219 related to the costs of all new construction of educational 220 plant space reported to the Department of Education pursuant to 221 paragraph (d). The Auditor General shall review the 222 documentation maintained by the school districts and verify 223 compliance with the limits under this paragraph during its 224 scheduled operational audits of the school district. The 225 department shall make the final determination on district 226 compliance based on the recommendation of the Auditor General. 227 3. The Office of Economic and Demographic Research, in 228 consultation with the department, shall conduct a study of the 229 cost per student station amounts using the most recent available 230 information on construction costs. In this study, the costs per 231 student station should represent the costs of classroom 232 construction and administrative offices as well as the 233 supplemental costs of core facilities, including required media 234 centers, gymnasiums, music rooms, cafeterias and their 235 associated kitchens and food service areas, vocational areas, 236 and other defined specialty areas, including exceptional student 237 education areas. The study must take into account appropriate 238 cost-effectiveness factors in school construction and should 239 include input from industry experts. The Office of Economic and 240 Demographic Research must provide the results of the study and 241 recommendations on the cost per student station to the Governor, 242 the President of the Senate, and the Speaker of the House of 243 Representatives no later than January 31, 2017. 244 4. The Office of Program Policy Analysis and Government 245 Accountability (OPPAGA) shall conduct a study of the State 246 Requirements for Education Facilities (SREF) to identify current 247 requirements that can be eliminated or modified in order to 248 decrease the cost of construction of educational facilities 249 while ensuring student safety. OPPAGA must provide the results 250 of the study, and an overall recommendation as to whether SREF 251 should be retained, to the Governor, the President of the 252 Senate, and the Speaker of the House of Representatives no later 253 than January 31, 2017. 254 5. Effective July 1, 2017, in addition to the funding 255 sources listed in subparagraph 1., a district school board may 256 not use funds from any sources for new construction of 257 educational plant space with a total cost per student station, 258 including change orders, which equals more than the current 259 adjusted amounts provided in sub-subparagraphs 1.a.-c. which 260 shall subsequently be adjusted annually to reflect increases or 261 decreases in the Consumer Price Index. However, if a contract 262 has been executed for architectural and design services or for 263 construction management services before July 1, 2017, a district 264 school board may use funds from any source for the new 265 construction of educational plant space and such funds are 266 exempt from the total cost per student station requirements. 267 6. A district school board must not use funds from the 268 Public Education Capital Outlay and Debt Service Trust Fund or 269 the School District and Community College District Capital 270 Outlay and Debt Service Trust Fund for any new construction of 271 an ancillary plant that exceeds 70 percent of the average cost 272 per square foot of new construction for all schools. 273 (c) Except as otherwise provided, new construction for 274 which a contract has been executed for architectural and design 275 services or for construction management services
initiatedby a 276 district school board on or after July 1, 2017, may not exceed 277 the cost per student station as provided in paragraph (b). A 278 school district that exceeds the cost per student station 279 provided in paragraph (b), as determined by the Auditor General, 280 shall be subject to sanctions. If the Auditor General determines 281 that the cost per student station overage is de minimus or due 282 to extraordinary circumstances outside the control of the 283 district, the sanctions shall not apply. The sanctions are as 284 follows: 285 1. The school district shall be ineligible for allocations 286 from the Public Education Capital Outlay and Debt Service Trust 287 Fund for the next 3 years in which the school district would 288 have received allocations had the violation not occurred. 289 2. The school district shall be subject to the supervision 290 of a district capital outlay oversight committee. The oversight 291 committee is authorized to approve all capital outlay 292 expenditures of the school district, including new construction, 293 renovations, and remodeling, for 3 fiscal years following the 294 violation. 295 a. Each oversight committee shall be composed of the 296 following: 297 (I) One appointee of the Commissioner of Education who has 298 significant financial management, school facilities 299 construction, or related experience. 300 (II) One appointee of the office of the state attorney with 301 jurisdiction over the district. 302 (III) One appointee of the Chief Financial Officer who is a 303 licensed certified public accountant. 304 b. An appointee to the oversight committee may not be 305 employed by the school district; be a relative, as defined in s. 306 1002.33(24)(a)2., of any school district employee; or be an 307 elected official. Each appointee must sign an affidavit 308 attesting to these conditions and affirming that no conflict of 309 interest exists in his or her oversight role. 310 Section 4. This act shall take effect July 1, 2017.