December 09, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 235
Educational Facilities
View Entire Chapter
Section 235.014, Florida Statutes 2001

1235.014  Functions of the department.--The functions of the department shall include, but not be limited to, the following; it shall:

(1)  Establish recommended minimum and maximum square footage requirements for different functions and areas and the procedures for determining the gross square footage for each educational facility to be funded in whole or in part by the state, including public broadcasting stations but excluding postsecondary special purpose laboratory space. The gross square footage determination standards may be exceeded when the core facility space of an educational facility is constructed or renovated to accommodate the future addition of classrooms to meet projected increases in student enrollment. The department shall encourage multiple use of facilities and spaces in educational plants.

(2)  Establish, for the purpose of determining need, equitably uniform utilization standards for all types of like space, regardless of the level of education. These standards shall also establish, for postsecondary education classrooms, a minimum room utilization rate of 40 hours per week and a minimum station utilization rate of 60 percent. These rates shall be subject to increase based on national norms for utilization of postsecondary education classrooms.

(3)  Require boards, including the Board of Regents, to submit other educational plant inventories data and statistical data or information relevant to construction, capital improvements, and related costs.

(4)  Require each board, including the Board of Regents, all agencies of the state, and other appropriate agencies to submit complete and accurate financial data as to the amounts of funds from all sources that are available and spent for construction and capital improvements. The commissioner shall prescribe the format and the date for the submission of this data and any other educational facilities data. If any district does not submit the required educational facilities fiscal data by the prescribed date, the commissioner shall notify the district school board of this fact and, if appropriate action is not taken to immediately submit the required report, the district school board shall be directed to proceed pursuant to the provisions of s. 230.23(11)(b). If any community college or university does not submit the required educational facilities fiscal data by the prescribed date, the same policy prescribed above for school districts shall be implemented.

(5)  Administer, under the supervision of the commissioner, the Public Education Capital Outlay and Debt Service Trust Fund and the School District and Community College District Capital Outlay and Debt Service Trust Fund.

(6)  Develop, review, update, and revise a mandatory, uniform building code for facilities construction and capital improvement by boards.

(7)  Provide training, technical assistance, and building code interpretation for requirements of the mandatory uniform building code for the facilities construction and capital improvement programs of the boards and, upon request, approve phase III construction documents for remodeling, renovation, or new construction of educational plants or ancillary facilities, except that the Board of Regents shall approve specifications and construction documents for the State University System. The Department of Management Services may, upon request, provide similar services for the Florida School for the Deaf and the Blind and shall use a state minimum building code adopted pursuant to s. 553.73 and the National Fire Protection Association Life Safety Code as adopted pursuant to chapter 633.

(8)  Provide minimum criteria, procedures, and training to boards to conduct educational plant surveys and document the determination of future needs.

(9)  Make available to boards, including the Board of Regents, technical assistance, awareness training, and research and technical publications relating to lifesafety, casualty, sanitation, environmental, maintenance, and custodial issues; and, as needed, technical assistance for survey, planning, design, construction, operation, and evaluation of educational and ancillary facilities and plants, facilities administrative procedures review, and training for new administrators.

(10)(a)  Review and validate surveys proposed or amended by the boards and recommend to the State Board of Education, for approval, surveys that meet the requirements of this chapter.

1.  The term "validate" as applied to surveys by school districts means to review inventory data as submitted to the department by district school boards; provide for review and inspection, where required, of student stations and aggregate square feet of inventory changed from satisfactory to unsatisfactory or changed from unsatisfactory to satisfactory; compare new school inventory to allocation limits provided by this chapter; review cost projections for conformity with cost limits set by s. 235.435(6); compare total capital outlay full-time equivalent enrollment projections in the survey with the department's projections; review facilities lists to verify that student station and auxiliary facility space allocations do not exceed the limits provided by this chapter and related rules; review and confirm the application of uniform facility utilization factors, where provided by this chapter or related rules; utilize the documentation of programs offered per site, as submitted by the board, to analyze facility needs; confirm that need projections for vocational and adult educational programs comply with needs documented by the Division of Workforce Development; and confirm the assignment of full-time student stations to all space except auxiliary facilities, which, for purposes of exemption from student station assignment, include the following:

a.  Cafeterias.

b.  Multipurpose dining areas.

c.  Media centers.

d.  Auditoriums.

e.  Administration.

f.  Elementary, middle, and high school resource rooms, up to the number of such rooms recommended for the applicable occupant and space design capacity of the educational plant in the State Requirements for Educational Facilities, beyond which student stations must be assigned.

g.  Elementary school skills labs, up to the number of such rooms recommended for the applicable occupant and space design capacity of the educational plant in the State Requirements for Educational Facilities, beyond which student stations must be assigned.

h.  Elementary school art and music rooms.

2.  The term "validate" as applied to surveys by community colleges means to review and document the approval of each new site and official designation, where applicable; review the inventory database as submitted by the Division of Community Colleges, including nonvocational, vocational, and total capital outlay full-time equivalent enrollment projections per site and per college; provide for the review and inspection, where required, of student stations and aggregate square feet of space changed from satisfactory to unsatisfactory; utilize and review the documentation of programs offered per site submitted by the Division of Community Colleges as accurate for analysis of space requirements and needs; confirm that needs projected for vocational and adult educational programs comply with needs documented by the Division of Workforce Development; compare new facility inventory to allocations limits as provided in this chapter; review cost projections for conformity with state averages or limits designated by this chapter; compare student enrollment projections in the survey to the department's projections; review facilities lists to verify that area allocations and space factors for generating space needs do not exceed the limits as provided by this chapter and related rules; confirm the application of facility utilization factors as provided by this chapter and related rules; and review, as submitted, documentation of how survey recommendations will implement the detail of current campus master plans and integrate with local comprehensive plans and development regulations.

(b)  Recommend priority of projects to be funded for approval by the state board, when required by law.

(11)  Prepare the commissioner's comprehensive fixed capital outlay legislative budget request and provide annually to the State Board of Community Colleges and the Board of Regents an estimate of the funds available to that board for developing their required 3-year priority list. This amount shall be based upon the average percentage for the 5 prior years of funds appropriated by the Legislature for fixed capital outlay to each level of education: public schools, community colleges, and the State University System.

(12)  Perform any other functions that may be involved in educational facilities construction and capital improvement which shall ensure that the intent of the Legislature is implemented.

History.--s. 4, ch. 74-374; s. 4, ch. 77-458; s. 9, ch. 80-414; ss. 5, 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 4, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 2, ch. 89-226; s. 12, ch. 89-278; s. 7, ch. 90-241; s. 2, ch. 92-291; s. 2, ch. 94-292; ss. 2, 35, ch. 95-269; s. 4, ch. 97-265; s. 24, ch. 97-384; s. 51, ch. 99-228; s. 1, ch. 99-280; s. 3(7), ch. 2000-321; s. 27, ch. 2000-331.

1Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

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