Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1dd/AD/2R        .                                
             03/03/2018 05:45 PM       .                                

       Senators Garcia and Montford moved the following:
    1         Senate Amendment to Amendment (234288) (with title
    2  amendment)
    4         Between lines 2135 and 2136
    5  insert:
    6         Section 30. Subsection (6) of section 1013.64, Florida
    7  Statutes, is amended to read:
    8         1013.64 Funds for comprehensive educational plant needs;
    9  construction cost maximums for school district capital
   10  projects.—Allocations from the Public Education Capital Outlay
   11  and Debt Service Trust Fund to the various boards for capital
   12  outlay projects shall be determined as follows:
   13         (6)(a) Each district school board must meet all educational
   14  plant space needs of its elementary, middle, and high schools
   15  before spending funds from the Public Education Capital Outlay
   16  and Debt Service Trust Fund or the School District and Community
   17  College District Capital Outlay and Debt Service Trust Fund for
   18  any ancillary plant or any other new construction, renovation,
   19  or remodeling of ancillary space. Expenditures to meet such
   20  space needs may include expenditures for site acquisition; new
   21  construction of educational plants; renovation, remodeling, and
   22  maintenance and repair of existing educational plants, including
   23  auxiliary facilities; and the directly related costs of such
   24  services of school district personnel. It is not the intent of
   25  the Legislature to preclude the use of capital outlay funding
   26  for the labor costs necessary to accomplish the authorized uses
   27  for the capital outlay funding. Day-labor contracts or any other
   28  educational facilities contracting and construction techniques
   29  pursuant to s. 1013.45 are authorized. Additionally, if a school
   30  district has salaried maintenance staff whose duties consist
   31  solely of performing the labor necessary to accomplish the
   32  authorized uses for the capital outlay funding, such funding may
   33  be used for those salaries; however, if a school district has
   34  salaried staff whose duties consist partially of performing the
   35  labor necessary to accomplish the authorized uses for the
   36  capital outlay funding, the district shall prorate the portion
   37  of salary of each such employee that is based on labor for
   38  authorized capital outlay funding, and such funding may be used
   39  to pay that portion.
   40         (b)1. A district school board may not use funds from the
   41  following sources: Public Education Capital Outlay and Debt
   42  Service Trust Fund; School District and Community College
   43  District Capital Outlay and Debt Service Trust Fund; Classrooms
   44  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
   45  levy of ad valorem property taxes provided in s. 1011.71(2);
   46  Classrooms for Kids Program funds provided in s. 1013.735;
   47  District Effort Recognition Program funds provided in s.
   48  1013.736; or High Growth District Capital Outlay Assistance
   49  Grant Program funds provided in s. 1013.738 for any new
   50  construction of educational plant space with a total cost per
   51  student station, including change orders, that equals more than:
   52         a. $17,952 for an elementary school,
   53         b. $19,386 for a middle school, or
   54         c. $25,181 for a high school,
   56  (January 2006) as adjusted annually to reflect increases or
   57  decreases in the Consumer Price Index.
   58         2. School districts shall maintain accurate documentation
   59  related to the costs of all new construction of educational
   60  plant space reported to the Department of Education pursuant to
   61  paragraph (d). The Auditor General shall review the
   62  documentation maintained by the school districts and verify
   63  compliance with the limits under this paragraph during its
   64  scheduled operational audits of the school district. The
   65  department shall make the final determination on district
   66  compliance based on the recommendation of the Auditor General.
   67         3. The Office of Economic and Demographic Research, in
   68  consultation with the department, shall conduct a study of the
   69  cost per student station amounts using the most recent available
   70  information on construction costs. In this study, the costs per
   71  student station should represent the costs of classroom
   72  construction and administrative offices as well as the
   73  supplemental costs of core facilities, including required media
   74  centers, gymnasiums, music rooms, cafeterias and their
   75  associated kitchens and food service areas, vocational areas,
   76  and other defined specialty areas, including exceptional student
   77  education areas. The study must take into account appropriate
   78  cost-effectiveness factors in school construction and should
   79  include input from industry experts. The Office of Economic and
   80  Demographic Research must provide the results of the study and
   81  recommendations on the cost per student station to the Governor,
   82  the President of the Senate, and the Speaker of the House of
   83  Representatives no later than January 31, 2017.
   84         4. The Office of Program Policy Analysis and Government
   85  Accountability (OPPAGA) shall conduct a study of the State
   86  Requirements for Education Facilities (SREF) to identify current
   87  requirements that can be eliminated or modified in order to
   88  decrease the cost of construction of educational facilities
   89  while ensuring student safety. OPPAGA must provide the results
   90  of the study, and an overall recommendation as to whether SREF
   91  should be retained, to the Governor, the President of the
   92  Senate, and the Speaker of the House of Representatives no later
   93  than January 31, 2017.
   94         5. Effective July 1, 2017, in addition to the funding
   95  sources listed in subparagraph 1., a district school board may
   96  not use funds from any sources for new construction of
   97  educational plant space with a total cost per student station,
   98  including change orders, which equals more than the current
   99  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
  100  shall subsequently be adjusted annually to reflect increases or
  101  decreases in the Consumer Price Index. However, if a contract
  102  has been executed for architectural and design services or for
  103  construction management services before July 1, 2017, a district
  104  school board may use funds from any source for the new
  105  construction of educational plant space and such funds are
  106  exempt from the total cost per student station requirements.
  107         6. A district school board must not use funds from the
  108  Public Education Capital Outlay and Debt Service Trust Fund or
  109  the School District and Community College District Capital
  110  Outlay and Debt Service Trust Fund for any new construction of
  111  an ancillary plant that exceeds 70 percent of the average cost
  112  per square foot of new construction for all schools.
  113         (c) Except as otherwise provided, new construction for
  114  which a contract has been executed for architectural and design
  115  services or for construction management services by a district
  116  school board on or after July 1, 2017, may not exceed the cost
  117  per student station as provided in paragraph (b). A school
  118  district that exceeds the cost per student station provided in
  119  paragraph (b), as determined by the Auditor General, shall be
  120  subject to sanctions. If the Auditor General determines that the
  121  cost per student station overage is de minimus or due to
  122  extraordinary circumstances outside the control of the district,
  123  the sanctions shall not apply. The sanctions are as follows:
  124         1. The school district shall be ineligible for allocations
  125  from the Public Education Capital Outlay and Debt Service Trust
  126  Fund for the next 3 years in which the school district would
  127  have received allocations had the violation not occurred.
  128         2. The school district shall be subject to the supervision
  129  of a district capital outlay oversight committee. The oversight
  130  committee is authorized to approve all capital outlay
  131  expenditures of the school district, including new construction,
  132  renovations, and remodeling, for 3 fiscal years following the
  133  violation.
  134         a. Each oversight committee shall be composed of the
  135  following:
  136         (I) One appointee of the Commissioner of Education who has
  137  significant financial management, school facilities
  138  construction, or related experience.
  139         (II) One appointee of the office of the state attorney with
  140  jurisdiction over the district.
  141         (III) One appointee of the Chief Financial Officer who is a
  142  licensed certified public accountant.
  143         b. An appointee to the oversight committee may not be
  144  employed by the school district; be a relative, as defined in s.
  145  1002.33(24)(a)2., of any school district employee; or be an
  146  elected official. Each appointee must sign an affidavit
  147  attesting to these conditions and affirming that no conflict of
  148  interest exists in his or her oversight role.
  149         (d) The department shall:
  150         1. Compute for each calendar year the statewide average
  151  construction costs for facilities serving each instructional
  152  level, for relocatable educational facilities, for
  153  administrative facilities, and for other ancillary and auxiliary
  154  facilities. The department shall compute the statewide average
  155  costs per student station for each instructional level.
  156         2. Annually review the actual completed construction costs
  157  of educational facilities in each school district. For any
  158  school district in which the total actual cost per student
  159  station, including change orders, exceeds the statewide limits
  160  established in paragraph (b), the school district shall report
  161  to the department the actual cost per student station and the
  162  reason for the school district’s inability to adhere to the
  163  limits established in paragraph (b). The department shall
  164  collect all such reports and shall provide these reports to the
  165  Auditor General for verification purposes.
  167  Cost per student station includes contract costs, legal and
  168  administrative costs, fees of architects and engineers,
  169  furniture and equipment, and site improvement costs. Cost per
  170  student station does not include the cost of purchasing or
  171  leasing the site for the construction or the cost of related
  172  offsite improvements. Cost per student station also does not
  173  include the cost for securing entries, checkpoint construction,
  174  lighting specifically designed for entry point security,
  175  security cameras, automatic locks and locking devices,
  176  electronic security systems, fencing designed to prevent
  177  intruder entry into a building, bullet-proof glass, or other
  178  capital construction items approved by the school safety
  179  specialist to endure building security for new educational,
  180  auxiliary, or ancillary facilities; costs for these items must
  181  be below 2 percent per student station.
  183  ================= T I T L E  A M E N D M E N T ================
  184  And the title is amended as follows:
  185         Between lines 2652 and 2653
  186  insert:
  187         amending s. 1013.64, F.S.; specifying that the cost
  188         per student station does not include certain
  189         improvements related to enhanced safety and security;