Bill Amendment: FL S7070 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: K-12 Education
Status: 2019-05-10 - Chapter No. 2019-23 [S7070 Detail]
Download: Florida-2019-S7070-Senate_Floor_Amendment_612902.html
Bill Title: K-12 Education
Status: 2019-05-10 - Chapter No. 2019-23 [S7070 Detail]
Download: Florida-2019-S7070-Senate_Floor_Amendment_612902.html
Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for SB 7070
Ì612902zÎ612902
LEGISLATIVE ACTION
Senate . House
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Senator Diaz moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 2334 - 2528
4 and insert:
5 6. Upon construction, the total cost per student station,
6 including change orders, must not exceed the cost per student
7 station as provided in subsection (6) unless approved except for
8 cost overruns created by a disaster as defined in s. 252.34 or
9 an unforeseeable circumstance beyond the district’s control as
10 determined by the Special Facility Construction Committee.
11 7. There shall be an agreement signed by the district
12 school board stating that it will advertise for bids within 30
13 days of receipt of its encumbrance authorization from the
14 department.
15 8. For construction projects for which Special Facilities
16 Construction Account funding is sought before the 2019-2020
17 fiscal year, the district shall, at the time of the request and
18 for a continuing period necessary to meet the district’s
19 participation requirement, levy the maximum millage against its
20 nonexempt assessed property value as allowed in s. 1011.71(2) or
21 shall raise an equivalent amount of revenue from the school
22 capital outlay surtax authorized under s. 212.055(6). Beginning
23 with construction projects for which Special Facilities
24 Construction Account funding is sought in the 2019-2020 fiscal
25 year, the district shall, for a minimum of 3 years before
26 submitting the request and for a continuing period necessary to
27 meet its participation requirement, levy the maximum millage
28 against the district’s nonexempt assessed property value as
29 authorized under s. 1011.71(2) or shall raise an equivalent
30 amount of revenue from the school capital outlay surtax
31 authorized under s. 212.055(6). Any district with a new or
32 active project, funded under the provisions of this subsection,
33 shall be required to budget no more than the value of 1 mill per
34 year to the project until the district’s participation
35 requirement relating to the local discretionary capital
36 improvement millage or the equivalent amount of revenue from the
37 school capital outlay surtax is satisfied.
38 9. If a contract has not been signed 90 days after the
39 advertising of bids, the funding for the specific project shall
40 revert to the Special Facility New Construction Account to be
41 reallocated to other projects on the list. However, an
42 additional 90 days may be granted by the commissioner.
43 10. The department shall certify the inability of the
44 district to fund the survey-recommended project over a
45 continuous 3-year period using projected capital outlay revenue
46 derived from s. 9(d), Art. XII of the State Constitution, as
47 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
48 11. The district shall have on file with the department an
49 adopted resolution acknowledging its commitment to satisfy its
50 participation requirement, which is equivalent to all
51 unencumbered and future revenue acquired from s. 9(d), Art. XII
52 of the State Constitution, as amended, paragraph (3)(a) of this
53 section, and s. 1011.71(2), in the year of the initial
54 appropriation and for the 2 years immediately following the
55 initial appropriation.
56 12. Phase I Final phase III plans must be approved
57 certified by the district school board as being complete and in
58 compliance with the building and life safety codes before June 1
59 of the year the application is made.
60 (6)
61 (b)1. A district school board may not use funds from the
62 following sources: Public Education Capital Outlay and Debt
63 Service Trust Fund; School District and Community College
64 District Capital Outlay and Debt Service Trust Fund; Classrooms
65 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
66 levy of ad valorem property taxes provided in s. 1011.71(2);
67 Classrooms for Kids Program funds provided in s. 1013.735;
68 District Effort Recognition Program funds provided in s.
69 1013.736; or High Growth District Capital Outlay Assistance
70 Grant Program funds provided in s. 1013.738 for any new
71 construction of educational plant space with a total cost per
72 student station, including change orders, which that equals more
73 than:
74 a. $17,952 for an elementary school;,
75 b. $19,386 for a middle school;, or
76 c. $25,181 for a high school,
77
78 (January 2006) as adjusted annually to reflect increases or
79 decreases in the Consumer Price Index. These restrictions do not
80 apply to school districts eligible for the sparsity supplement
81 pursuant to s. 1011.62(7). The department, in conjunction with
82 the Office of Economic and Demographic Research, shall review
83 and revise the cost per student station limits to reflect actual
84 construction costs by December 1, 2019, and every 3 years
85 thereafter. The adjusted cost per student station shall be used
86 by the department for computation of the statewide average costs
87 per student station for each instructional level pursuant to
88 paragraph (d). The department shall also collaborate with the
89 Office of Economic and Demographic Research to select an
90 industry-recognized construction index to replace the Consumer
91 Price Index by December 1, 2019, adjusted annually to reflect
92 changes in the construction index.
93 2. School districts shall maintain accurate documentation
94 related to the costs of all new construction of educational
95 plant space reported to the Department of Education pursuant to
96 paragraph (d). The Auditor General shall review the
97 documentation maintained by the school districts and verify
98 compliance with the limits under this paragraph during its
99 scheduled operational audits of the school district. The
100 department shall make the final determination on district
101 compliance based on the recommendation of the Auditor General.
102 3. Effective July 1, 2017, In addition to the funding
103 sources listed in subparagraph 1., a district school board may
104 not use funds from any sources for new construction of
105 educational plant space with a total cost per student station,
106 including change orders, which equals more than the current
107 adjusted amounts provided in sub-subparagraphs 1.a.-c. which
108 shall subsequently be adjusted annually to reflect increases or
109 decreases in the Consumer Price Index. However, if a contract
110 has been executed for architectural and design services or for
111 construction management services before July 1, 2017, a district
112 school board may use funds from any source for the new
113 construction of educational plant space and such funds are
114 exempt from the total cost per student station requirements.
115 4. A district school board must not use funds from the
116 Public Education Capital Outlay and Debt Service Trust Fund or
117 the School District and Community College District Capital
118 Outlay and Debt Service Trust Fund for any new construction of
119 an ancillary plant that exceeds 70 percent of the average cost
120 per square foot of new construction for all schools.
121 (c) Except as otherwise provided, new construction for
122 which a contract has been executed for architectural and design
123 services or for construction management services by a district
124 school board on or after July 1, 2017, may not exceed the cost
125 per student station as provided in paragraph (b). A school
126 district that exceeds the cost per student station provided in
127 paragraph (b), as determined by the Auditor General, shall be
128 subject to sanctions. If the Auditor General determines that the
129 cost per student station overage is de minimus or due to
130 extraordinary circumstances outside the control of the district,
131 the sanctions shall not apply. The sanctions are as follows:
132 1. The school district shall be ineligible for allocations
133 from the Public Education Capital Outlay and Debt Service Trust
134 Fund for the next 3 years in which the school district would
135 have received allocations had the violation not occurred.
136 2. The school district shall be subject to the supervision
137 of a district capital outlay oversight committee. The oversight
138 committee is authorized to approve all capital outlay
139 expenditures of the school district, including new construction,
140 renovations, and remodeling, for 3 fiscal years following the
141 violation.
142 a. Each oversight committee shall be composed of the
143 following:
144 (I) One appointee of the Commissioner of Education who has
145 significant financial management, school facilities
146 construction, or related experience.
147 (II) One appointee of the office of the state attorney with
148 jurisdiction over the district.
149 (III) One appointee of the Chief Financial Officer who is a
150 licensed certified public accountant.
151 b. An appointee to the oversight committee may not be
152 employed by the school district; be a relative, as defined in s.
153 1002.33(24)(a)2., of any school district employee; or be an
154 elected official. Each appointee must sign an affidavit
155 attesting to these conditions and affirming that no conflict of
156 interest exists in his or her oversight role.
157 (d) The department shall:
158 1. Compute for each calendar year the statewide average
159 construction costs for facilities serving each instructional
160 level, for relocatable educational facilities, for
161 administrative facilities, and for other ancillary and auxiliary
162 facilities. The department shall compute the statewide average
163 costs per student station for each instructional level.
164 2. Annually review the actual completed construction costs
165 of educational facilities in each school district. For any
166 school district in which the total actual cost per student
167 station, including change orders, exceeds the statewide limits
168 established in paragraph (b), the school district shall report
169 to the department the actual cost per student station and the
170 reason for the school district’s inability to adhere to the
171 limits established in paragraph (b). The department shall
172 collect all such reports and shall provide these reports to the
173 Auditor General for verification purposes.
174
175 Cost per student station includes contract costs, legal and
176 administrative costs, fees of architects and engineers,
177 furniture and equipment, and site improvement costs, related
178 offsite improvement costs, the cost of complying with public
179 shelter and hurricane hardening requirements, and the cost of
180 any security enhancements, including, but not limited to, the
181 cost for securing entries, checkpoint construction, lighting
182 specifically designed for entry point security, security
183 cameras, automatic locks and locking devices, electronic
184 security systems, fencing designed to prevent intruder entry
185 into a building, bulletproof glass, or other capital
186 construction items approved by the school safety specialist to
187 ensure building security for new educational, auxiliary, or
188 ancillary facilities. Cost per student station does not include
189 the cost of purchasing or leasing the site for the construction
190 or the cost of related offsite improvements. Cost per student
191 station also does not include the cost for securing entries,
192 checkpoint construction, lighting specifically designed for
193 entry point security, security cameras, automatic locks and
194 locking devices, electronic security systems, fencing designed
195 to prevent intruder entry into a building, bullet-proof glass,
196 or other capital construction items approved by the school
197 safety specialist to ensure building security for new
198 educational, auxiliary, or ancillary facilities; costs for these
199 items must be below 2 percent per student station.
200
201 ================= T I T L E A M E N D M E N T ================
202 And the title is amended as follows:
203 Delete lines 246 - 264
204 and insert:
205 F.S.; revising the information required to be included
206 in a school district’s request to receive certain
207 funding; providing that specified restrictions do not
208 apply to certain school districts; requiring the
209 department, in conjunction with the Office of Economic
210 and Demographic Research, to review and revise the
211 limits on the cost per student station, based on
212 certain factors; requiring the department to use the
213 adjusted cost per student station for each
214 instructional level; requiring the department to
215 collaborate with the office to select a certain index
216 by a specified date; deleting obsolete language;
217 deleting a requirement that specified school districts
218 be subject to sanctions under certain circumstances;
219 revising the costs that may be included and that may
220 not be included in calculating the cost per student
221 station; amending chapter 2018-6, L.O.F.;
