Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 642
       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.
   19  Be It Enacted by the Legislature of the State of Florida:
   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.—
   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.—
  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,
  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 initiated by 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.