Florida Senate - 2017                                     SB 642
       By Senator Garcia
       36-00969-17                                            2017642__
    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         conforming provisions to changes made by the act;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraph (b) of subsection (2) of section
   19  1013.35, Florida Statutes, is amended to read:
   20         1013.35 School district educational facilities plan;
   21  definitions; preparation, adoption, and amendment; long-term
   22  work programs.—
   25         (b) The plan must also include a financially feasible
   26  district facilities work program for a 5-year period. The work
   27  program must include:
   28         1. A schedule of major repair and renovation projects
   29  necessary to maintain the educational facilities and ancillary
   30  facilities of the district.
   31         2. A schedule of capital outlay projects necessary to
   32  ensure the availability of satisfactory student stations for the
   33  projected student enrollment in K-12 programs. This schedule
   34  shall consider:
   35         a. The locations, capacities, and planned utilization rates
   36  of current educational facilities of the district. The capacity
   37  of existing satisfactory facilities, as reported in the Florida
   38  Inventory of School Houses, must be compared to the capital
   39  outlay full-time-equivalent student enrollment as determined by
   40  the department, including all enrollment used in the calculation
   41  of the distribution formula in s. 1013.64. For purposes of
   42  determining the capacity of school facilities, as reported in
   43  the Florida Inventory of School Houses, a school containing
   44  students in kindergarten through grade 5 is considered an
   45  elementary school and a school containing students in grades 6
   46  through 8 is considered a middle school.
   47         b. The proposed locations of planned facilities, whether
   48  those locations are consistent with the comprehensive plans of
   49  all affected local governments, and recommendations for
   50  infrastructure and other improvements to land adjacent to
   51  existing facilities. The provisions of ss. 1013.33(6), (7), and
   52  (8) and 1013.36 must be addressed for new facilities planned
   53  within the first 3 years of the work plan, as appropriate.
   54         c. Plans for the use and location of relocatable
   55  facilities, leased facilities, and charter school facilities.
   56         d. Plans for multitrack scheduling, grade level
   57  organization, block scheduling, or other alternatives that
   58  reduce the need for additional permanent student stations.
   59         e. Information concerning average class size and
   60  utilization rate by grade level within the district which will
   61  result if the tentative district facilities work program is
   62  fully implemented.
   63         f. The number and percentage of district students planned
   64  to be educated in relocatable facilities during each year of the
   65  tentative district facilities work program. For determining
   66  future needs, student capacity may not be assigned to any
   67  relocatable classroom that is scheduled for elimination or
   68  replacement with a permanent educational facility in the current
   69  year of the adopted district educational facilities plan and in
   70  the district facilities work program adopted under this section.
   71  Those relocatable classrooms clearly identified and scheduled
   72  for replacement in a school-board-adopted, financially feasible,
   73  5-year district facilities work program shall be counted at zero
   74  capacity at the time the work program is adopted and approved by
   75  the school board. However, if the district facilities work
   76  program is changed and the relocatable classrooms are not
   77  replaced as scheduled in the work program, the classrooms must
   78  be reentered into the system and be counted at actual capacity.
   79  Relocatable classrooms may not be perpetually added to the work
   80  program or continually extended for purposes of circumventing
   81  this section. All relocatable classrooms not identified and
   82  scheduled for replacement, including those owned, lease
   83  purchased, or leased by the school district, must be counted at
   84  actual student capacity. The district educational facilities
   85  plan must identify the number of relocatable student stations
   86  scheduled for replacement during the 5-year survey period and
   87  the total dollar amount needed for that replacement.
   88         g. Plans for the closure of any school, including plans for
   89  disposition of the facility or usage of facility space, and
   90  anticipated revenues.
   91         h. Projects for which capital outlay and debt service funds
   92  accruing under s. 9(d), Art. XII of the State Constitution are
   93  to be used shall be identified separately in priority order on a
   94  project priority list within the district facilities work
   95  program.
   96         3. The projected cost for each project identified in the
   97  district facilities work program. For proposed projects for new
   98  student stations, a schedule shall be prepared comparing the
   99  planned cost and square footage for each new student station, by
  100  elementary, middle, and high school levels, to the low, average,
  101  and high cost of facilities constructed throughout the state
  102  during the most recent fiscal year for which data is available
  103  from the Department of Education.
  104         4. A schedule of estimated capital outlay revenues from
  105  each currently approved source which is estimated to be
  106  available for expenditure on the projects included in the
  107  district facilities work program.
  108         5. A schedule indicating which projects included in the
  109  district facilities work program will be funded from current
  110  revenues projected in subparagraph 4.
  111         6. A schedule of options for the generation of additional
  112  revenues by the district for expenditure on projects identified
  113  in the district facilities work program which are not funded
  114  under subparagraph 5. Additional anticipated revenues may
  115  include Classrooms First funds.
  116         Section 2. Subsection (3) of section 1013.37, Florida
  117  Statutes, is amended to read:
  118         1013.37 State uniform building code for public educational
  119  facilities construction.—
  121         (a) The Commissioner of Education shall cooperate with the
  122  Florida Building Commission in addressing all questions,
  123  disputes, or interpretations involving the provisions of the
  124  Florida Building Code which govern the construction of public
  125  educational and ancillary facilities, and any objections to
  126  decisions made by the inspectors or the department must be
  127  submitted in writing.
  128         (b)Upon request by a district school board, the
  129  commissioner shall grant an exemption from the State
  130  Requirements for Educational Facilities (SREF). A district
  131  school board must provide a comprehensive cost-benefit analysis
  132  along with its request for an exemption from the SREF. Any
  133  district school board that is granted such exemption shall
  134  continue to comply with applicable provisions of the Florida
  135  Building Code and the Florida Fire Prevention Code which relate
  136  to the construction, remodeling, and renovation of educational
  137  facilities.
  138         Section 3. Upon the expiration and reversion of the
  139  amendments to section 1013.64, Florida Statutes, pursuant to
  140  section 36 of chapter 2016-62, Laws of Florida, paragraph (a) of
  141  subsection (3) of section 1013.64, Florida Statutes, is amended
  142  to read:
  143         1013.64 Funds for comprehensive educational plant needs;
  144  construction cost maximums for school district capital
  145  projects.—Allocations from the Public Education Capital Outlay
  146  and Debt Service Trust Fund to the various boards for capital
  147  outlay projects shall be determined as follows:
  148         (3)(a) Each district school board shall receive an amount
  149  from the Public Education Capital Outlay and Debt Service Trust
  150  Fund to be calculated by computing the capital outlay full-time
  151  equivalent membership as determined by the department. Such
  152  membership must include, but is not limited to:
  153         1. K-12 students for whom the school district provides the
  154  educational facility, except hospital- and homebound part-time
  155  students; and
  156         2. Students who are career education students, and adult
  157  disabled students and who are enrolled in school district career
  158  centers. The capital outlay full-time equivalent membership
  159  shall be determined for kindergarten through the 12th grade and
  160  for career centers by averaging the unweighted full-time
  161  equivalent student membership for the second and third surveys
  162  and comparing the results on a school-by-school basis with the
  163  Florida Inventory for School Houses. For purposes of determining
  164  the capacity of school facilities, as reported in the Florida
  165  Inventory of School Houses, a school containing students in
  166  kindergarten through grade 5 is considered an elementary school
  167  and a school containing students in grades 6 through 8 is
  168  considered a middle school. The capital outlay full-time
  169  equivalent membership by grade level organization shall be used
  170  in making the following calculations: The capital outlay full
  171  time equivalent membership by grade level organization for the
  172  4th prior year must be used to compute the base-year allocation.
  173  The capital outlay full-time equivalent membership by grade
  174  level organization for the prior year must be used to compute
  175  the growth over the highest of the 3 years preceding the prior
  176  year. From the total amount appropriated by the Legislature
  177  pursuant to this subsection, 40 percent shall be allocated among
  178  the base capital outlay full-time equivalent membership and 60
  179  percent among the growth capital outlay full-time equivalent
  180  membership. The allocation within each of these groups shall be
  181  prorated to the districts based upon each district’s percentage
  182  of base and growth capital outlay full-time membership. The most
  183  recent 4-year capital outlay full-time equivalent membership
  184  data shall be used in each subsequent year’s calculation for the
  185  allocation of funds pursuant to this subsection. If a change,
  186  correction, or recomputation of data during any year results in
  187  a reduction or increase of the calculated amount previously
  188  allocated to a district, the allocation to that district shall
  189  be adjusted correspondingly. If such recomputation results in an
  190  increase or decrease of the calculated amount, such additional
  191  or reduced amounts shall be added to or reduced from the
  192  district’s future appropriations. However, no change,
  193  correction, or recomputation of data shall be made subsequent to
  194  2 years following the initial annual allocation.
  195         Section 4. This act shall take effect July 1, 2017.