Florida Senate - 2018                                    SB 1772
       By Senator Montford
       3-00573B-18                                           20181772__
    1                        A bill to be entitled                      
    2         An act relating to charter school capital outlay
    3         funding; amending s. 1011.73, F.S.; increasing the
    4         maximum number of years for which a specified millage
    5         may be levied; requiring the Office of Program Policy
    6         Analysis and Government Accountability, in conjunction
    7         with the Office of the Auditor General, to conduct
    8         certain studies and provide reports that meet
    9         specified requirements to the Governor and the
   10         Legislature by a specified date; providing legislative
   11         findings; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (2) of section 1011.73, Florida
   16  Statutes, is amended to read:
   17         1011.73 District millage elections.—
   19  district school board, pursuant to resolution adopted at a
   20  regular meeting, shall direct the county commissioners to call
   21  an election at which the electors within the school district may
   22  approve an ad valorem tax millage as authorized under s.
   23  1011.71(9). Such election may be held at any time, except that
   24  not more than one such election shall be held during any 12
   25  month period. Any millage so authorized shall be levied for a
   26  period not in excess of 10 4 years or until changed by another
   27  millage election, whichever is earlier. If any such election is
   28  invalidated by a court of competent jurisdiction, such
   29  invalidated election shall be considered not to have been held.
   30         Section 2. Public Charter School Capital Outlay Asset
   31  Study.—
   32         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
   33  significant public funds have been provided to public charter
   34  schools for capital outlay purposes. Current state law requires
   35  that if a charter school is nonrenewed or terminated, any
   36  unencumbered funds and all equipment and property purchased with
   37  district public funds must revert to the ownership of the
   38  district school board. Similar provisions apply to charter lab
   39  schools. The Legislature finds that there is a compelling state
   40  interest in determining the current value of recoverable assets
   41  purchased with public funds, and the value of intangible or
   42  irrecoverable costs paid with public funds.
   43         (2) STUDY.—The Office of Program Policy Analysis and
   44  Government Accountability (OPPAGA), in conjunction with the
   45  Office of the Auditor General, shall conduct a study to
   46  determine the total amount of public capital outlay funds
   47  provided to each public charter school, including lab schools;
   48  the identification and current valuation of all assets
   49  determined to be recoverable from each charter school; and the
   50  identification and current valuation of all assets that are not
   51  recoverable from each charter school, including the reasons why
   52  the assets are not recoverable. OPPAGA shall submit a report of
   53  its findings to the Governor, the President of the Senate, and
   54  the Speaker of the House of Representatives by December 1, 2018.
   55         Section 3. Public Charter School Life-Cycle Cost Analysis
   56  Study.—
   57         (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
   58  is a compelling state interest in conducting certain life-cycle
   59  cost analyses for public charter schools that have been provided
   60  capital outlay funds from public funds, and which are similar to
   61  life-cycle cost analyses required for other public educational
   62  facilities constructed with public funds. The Legislature seeks
   63  to determine that the expenditure of capital outlay funds
   64  provides the best long-term value for all sectors of the public
   65  education system.
   66         (2) STUDY.—The Office of Program Policy Analysis and
   67  Government Accountability, in conjunction with the Office of the
   68  Auditor General, shall conduct life-cycle cost analyses for
   69  public charter schools that have received public funds for
   70  capital outlay purposes and submit a report and recommendations
   71  to the Governor, the President of the Senate, and the Speaker of
   72  the House of Representatives by December 1, 2018. The study must
   73  include all of the following components for each public charter
   74  school that receives public capital outlay funds:
   75         (a) The date of initial occupancy.
   76         (b) The total cost of construction, including architectural
   77  and engineering fees; the total building construction costs;
   78  site improvement costs; the cost to bring utilities to the site;
   79  administrative overhead construction costs; and initial
   80  furniture, fixtures, and equipment costs. Due to the variability
   81  of land costs across the state, the cost of acquiring the site
   82  may not be considered.
   83         (c) The projected number of years of useful life of the
   84  building.
   85         (d) The projected number of years before major renovations
   86  would be required to achieve the maximum number of years of
   87  useful life.
   88         (e) The cost of replacing major building components,
   89  including the heating, ventilating, and air conditioning
   90  systems; roofing systems; electrical, life, health, and safety
   91  systems; and information technology systems.
   92         (f) A life-cycle cost analysis for each charter school
   93  which considers:
   94         1.The anticipated annual energy consumption;
   95         2.The relative resistance of the facility to damage by
   96  wind loads and associated debris;
   97         3.The resistance of the facility to wood-destroying
   98  organisms;
   99         4.The perpetual maintenance costs;
  100         5.The resistance of the facility to fire;
  101         6.The reasonably expected fuel costs over the life of the
  102  building which are required to maintain illumination, water
  103  heating, temperature, humidity, ventilation, and other energy
  104  consuming equipment in a facility;
  105         7.The reasonable costs of probable maintenance, including
  106  labor and materials, and operation of the building;
  107         8.The orientation and integration of the facility with
  108  respect to its physical site;
  109         9.The amount and type of glass employed in the facility
  110  and the directions of exposure;
  111         10.The effect of insulation incorporated into the facility
  112  design and the effect on solar utilization of the properties of
  113  external surfaces;
  114         11.The variable occupancy and operating conditions of the
  115  facility and subportions of the facility;
  116         12.An energy consumption analysis of the major equipment
  117  of the facility’s heating, ventilating, and cooling systems;
  118  lighting system; hot water system; and all other major energy
  119  consuming equipment and systems, as appropriate;
  120         13.Life-cycle cost criteria published by the Department of
  121  Education for use in evaluating projects; and
  122         14.Standards for construction materials and systems based
  123  on life-cycle costs which consider initial costs, maintenance
  124  costs, custodial costs, operating costs, and life expectancy.
  125         (g) An identification of the construction methods and
  126  practices used for public charter schools which produce
  127  facilities with equal or longer life expectancy and equal or
  128  less maintenance, repair, and operating costs as compared to
  129  traditional public education facilities. The study must also
  130  include recommendations for and authorization by local school
  131  districts to use such construction methods and practices to
  132  maintain or increase the life expectancy of buildings, including
  133  any related statutory changes that are required.
  134         Section 4. This act shall take effect July 1, 2018.