Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1328
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/03/2023 02:31 PM       .                                

       Senator Davis moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 67 and 68
    4  insert:
    5         Section 2. Subsection (1) of section 1013.31, Florida
    6  Statutes, is amended to read:
    7         1013.31 Educational plant survey; localized need
    8  assessment; PECO project funding.—
    9         (1) At least every 5 years, each board shall arrange for an
   10  educational plant survey, to aid in formulating plans for
   11  housing the educational program and student population, faculty,
   12  administrators, staff, and auxiliary and ancillary services of
   13  the district, charter school, or campus, including consideration
   14  of the local comprehensive plan. The Department of Education
   15  shall document the need for additional career and adult
   16  education programs and the continuation of existing programs
   17  before facility construction or renovation related to career or
   18  adult education may be included in the educational plant survey
   19  of a school district, charter school governing board, or Florida
   20  College System institution that delivers career or adult
   21  education programs. Information used by the Department of
   22  Education to establish facility needs must include, but need not
   23  be limited to, labor market data, needs analysis, and
   24  information submitted by the school district, charter school
   25  governing board, or Florida College System institution.
   26         (a) Educational plant survey and localized need assessment
   27  for capital outlay purposes.—A survey recommendation is not
   28  required when a district or charter school governing board uses
   29  funds from the following sources for educational, auxiliary, and
   30  ancillary plant capital outlay purposes:
   31         1. The local capital outlay improvement fund, consisting of
   32  funds that come from and are a part of the district’s or charter
   33  school governing board’s basic operating budget;
   34         2. A taxpayer-approved bond referendum, to fund
   35  construction of an educational, auxiliary, or ancillary plant
   36  facility;
   37         3. One-half cent sales surtax revenue;
   38         4. One cent local governmental surtax revenue;
   39         5. Impact fees;
   40         6. Private gifts or donations; and
   41         7. The district school tax levied pursuant to s.
   42  1011.71(2).
   43         (b) Survey preparation and required data.—Each survey shall
   44  be conducted by the board or an agency employed by the board.
   45  Surveys shall be reviewed and approved by the board, and a file
   46  copy shall be submitted to the Department of Education or the
   47  Chancellor of the State University System, as appropriate. The
   48  survey report shall include at least an inventory of existing
   49  educational and ancillary plants, including safe access
   50  facilities; recommendations for existing educational and
   51  ancillary plants; recommendations for new educational or
   52  ancillary plants, including the general location of each in
   53  coordination with the land use plan and safe access facilities;
   54  campus master plan update and detail for Florida College System
   55  institutions; the utilization of school plants based on an
   56  extended school day or year-round operation; and such other
   57  information as may be required by the Department of Education.
   58  This report may be amended, if conditions warrant, at the
   59  request of the department or commissioner.
   60         (c) Required need assessment criteria for district, charter
   61  school governing board, or Florida College System institution,
   62  state university, and Florida School for the Deaf and the Blind
   63  plant surveys.—Educational plant surveys must use uniform data
   64  sources and criteria specified in this paragraph. Each revised
   65  educational plant survey and each new educational plant survey
   66  supersedes previous surveys.
   67         1. The school district’s or charter school governing
   68  board’s survey must be submitted as a part of the district
   69  educational facilities plan defined in s. 1013.35. To ensure
   70  that the data reported to the Department of Education as
   71  required by this section is correct, the department shall
   72  annually conduct an onsite review of 5 percent of the facilities
   73  reported for each school district or charter school governing
   74  board completing a new survey that year. If the department’s
   75  review finds the data reported by a district or a charter school
   76  governing board is less than 95 percent accurate, within 1 year
   77  from the time of notification by the department the district or
   78  charter school governing board must submit revised reports
   79  correcting its data. If a district or a charter school governing
   80  board fails to correct its reports, the commissioner may direct
   81  that future fixed capital outlay funds be withheld until such
   82  time as the district or the charter school governing board has
   83  corrected its reports so that they are not less than 95 percent
   84  accurate.
   85         2. Each survey of a special facility, joint-use facility,
   86  or cooperative career education facility must be based on
   87  capital outlay full-time equivalent student enrollment data
   88  prepared by the department for school districts, charter school
   89  governing boards, and Florida College System institutions and by
   90  the Chancellor of the State University System for universities.
   91  A survey of space needs of a joint-use facility shall be based
   92  upon the respective space needs of the school districts, charter
   93  school governing boards, Florida College System institutions,
   94  and universities, as appropriate. Projections of a school
   95  district’s or charter school governing board’s facility space
   96  needs may not exceed the norm space and occupant design criteria
   97  established by the State Requirements for Educational
   98  Facilities.
   99         3. Each Florida College System institution’s survey must
  100  reflect the capacity of existing facilities as specified in the
  101  inventory maintained by the Department of Education. Projections
  102  of facility space needs must comply with standards for
  103  determining space needs as specified by rule of the State Board
  104  of Education. The 5-year projection of capital outlay student
  105  enrollment must be consistent with the annual report of capital
  106  outlay full-time student enrollment prepared by the Department
  107  of Education.
  108         4. Each state university’s survey must reflect the capacity
  109  of existing facilities as specified in the inventory maintained
  110  and validated by the Chancellor of the State University System.
  111  Projections of facility space needs must be consistent with
  112  standards for determining space needs as specified by regulation
  113  of the Board of Governors. The projected capital outlay full
  114  time equivalent student enrollment must be consistent with the
  115  5-year planned enrollment cycle for the State University System
  116  approved by the Board of Governors.
  117         5. The district educational facilities plan of a school
  118  district and the educational plant survey of a Florida College
  119  System institution, state university, or the Florida School for
  120  the Deaf and the Blind may include space needs that deviate from
  121  approved standards for determining space needs if the deviation
  122  is justified by the district, the charter school governing
  123  board, or the institution and approved by the department or the
  124  Board of Governors, as appropriate, as necessary for the
  125  delivery of an approved educational program.
  126         (d) Review and validation.—The Department of Education
  127  shall review and validate the surveys of school districts,
  128  charter school governing boards, and Florida College System
  129  institutions, and the Chancellor of the State University System
  130  shall review and validate the surveys of universities, and any
  131  amendments thereto for compliance with the requirements of this
  132  chapter and shall recommend those in compliance for approval by
  133  the State Board of Education or the Board of Governors, as
  134  appropriate. Annually, the department shall perform an in-depth
  135  analysis of a representative sample of each survey of
  136  recommended needs for five districts and five charter school
  137  governing boards selected by the commissioner from among
  138  districts and charter school governing boards with the largest
  139  need-to-revenue ratio. For the purpose of this subsection, the
  140  need-to-revenue ratio is determined by dividing the total 5-year
  141  cost of projects listed on the district survey by the total 5
  142  year fixed capital outlay revenue projections from state and
  143  local sources as determined by the department. The commissioner
  144  may direct fixed capital outlay funds provided from general
  145  revenue or from state trust funds to be withheld from districts
  146  and charter school governing boards until such time as the
  147  survey accurately projects facilities needs.
  148         (e) Periodic update of Florida Inventory of School Houses.
  149  School districts shall periodically update their inventory of
  150  educational facilities as new capacity becomes available and as
  151  unsatisfactory space is eliminated. The State Board of Education
  152  shall adopt rules to determine the timeframe in which districts
  153  must provide a periodic update.
  155  ================= T I T L E  A M E N D M E N T ================
  156  And the title is amended as follows:
  157         Between lines 4 and 5
  158  insert:
  159         1013.31, F.S.; providing that certain provisions
  160         relating to educational plant surveys and need
  161         assessments apply to charter schools; requiring the
  162         Department of Education to review surveys of charter
  163         school governing boards in addition to those of other
  164         specified institutions; amending s.