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Amendment CaShTmL-920758.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360, 1st Eng.
                        Barcode 920758
                            CHAMBER ACTION
              Senate                               House
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       05/04/2005 05:17 PM         .                    
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11  Senator Haridopolos moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 128, lines 22-28, delete those lines
15  
16  and insert:  
17         Section 27.  Subsection (2) of section 1013.64, Florida
18  Statutes, is amended, and subsection (7) is added to that
19  section, to read:
20         1013.64  Funds for comprehensive educational plant
21  needs; construction cost maximums for school district capital
22  projects.--Allocations from the Public Education Capital
23  Outlay and Debt Service Trust Fund to the various boards for
24  capital outlay projects shall be determined as follows:
25         (2)(a)  The department shall establish, as a part of
26  the Public Education Capital Outlay and Debt Service Trust
27  Fund, a separate account, in an amount determined by the
28  Legislature, to be known as the "Special Facility Construction
29  Account." The Special Facility Construction Account shall be
30  used to provide necessary construction funds to school
31  districts which have urgent construction needs but which lack
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    12:42 PM   05/04/05                            s0360e1c-26-t01

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 920758 1 sufficient resources at present, and cannot reasonably 2 anticipate sufficient resources within the period of the next 3 3 years, for these purposes from currently authorized sources 4 of capital outlay revenue. A school district requesting 5 funding from the Special Facility Construction Account shall 6 submit one specific construction project, not to exceed one 7 complete educational plant, to the Special Facility 8 Construction Committee. No district shall receive funding for 9 more than one approved project in any 3-year period. The first 10 year of the 3-year period shall be the first year a district 11 receives an appropriation. The department shall encourage a 12 construction program that reduces the average size of schools 13 in the district. The request must meet the following criteria 14 to be considered by the committee: 15 1. The project must be deemed a critical need and must 16 be recommended for funding by the Special Facility 17 Construction Committee. Prior to developing plans for the 18 proposed facility, the district school board must request a 19 preapplication review by the Special Facility Construction 20 Committee or a project review subcommittee convened by the 21 committee to include two representatives of the department and 22 two staff from school districts not eligible to participate in 23 the program. Within 60 days after receiving the preapplication 24 review request, the committee or subcommittee must meet in the 25 school district to review the project proposal and existing 26 facilities. To determine whether the proposed project is a 27 critical need, the committee or subcommittee shall consider, 28 at a minimum, the capacity of all existing facilities within 29 the district as determined by the Florida Inventory of School 30 Houses; the district's pattern of student growth; the 31 district's existing and projected capital outlay full-time 2 12:42 PM 05/04/05 s0360e1c-26-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 920758 1 equivalent student enrollment as determined by the department; 2 the district's existing satisfactory student stations; the use 3 of all existing district property and facilities; grade level 4 configurations; and any other information that may affect the 5 need for the proposed project. 6 2. The construction project must be recommended in the 7 most recent survey or surveys by the district under the rules 8 of the State Board of Education. 9 3. The construction project must appear on the 10 district's approved project priority list under the rules of 11 the State Board of Education. 12 4. The district must have selected and had approved a 13 site for the construction project in compliance with s. 14 1013.36 and the rules of the State Board of Education. 15 5. The district shall have developed a district school 16 board adopted list of facilities that do not exceed the norm 17 for net square feet occupancy requirements under the State 18 Requirements for Educational Facilities, using all possible 19 programmatic combinations for multiple use of space to obtain 20 maximum daily use of all spaces within the facility under 21 consideration. 22 6. Upon construction, the total cost per student 23 station, including change orders, must not exceed the cost per 24 student station as provided in subsection (6). 25 7. There shall be an agreement signed by the district 26 school board stating that it will advertise for bids within 30 27 days of receipt of its encumbrance authorization from the 28 department. 29 8. The district shall, at the time of the request and 30 for a continuing period of 3 years, levy the maximum millage 31 against their nonexempt assessed property value as allowed in 3 12:42 PM 05/04/05 s0360e1c-26-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 920758 1 s. 1011.71(2) or shall raise an equivalent amount of revenue 2 from the school capital outlay surtax authorized under s. 3 212.055(6). Any district with a new or active project, funded 4 under the provisions of this subsection, shall be required to 5 budget no more than the value of 1.5 mills per year to the 6 project to satisfy the annual participation requirement in the 7 Special Facility Construction Account. 8 8.9. If a contract has not been signed 90 days after 9 the advertising of bids, the funding for the specific project 10 shall revert to the Special Facility New Construction Account 11 to be reallocated to other projects on the list. However, an 12 additional 90 days may be granted by the commissioner. 13 9.10. The department shall certify the inability of 14 the district to fund the survey-recommended project over a 15 continuous 3-year period using projected capital outlay 16 revenue derived from s. 9(d), Art. XII of the State 17 Constitution, as amended, paragraph (3)(a) of this section, 18 and s. 1011.71(2). 19 11. The district shall have on file with the 20 department an adopted resolution acknowledging its 3-year 21 commitment of all unencumbered and future revenue acquired 22 from s. 9(d), Art. XII of the State Constitution, as amended, 23 paragraph (3)(a) of this section, and s. 1011.71(2). 24 10.12. Final phase III plans must be certified by the 25 board as complete and in compliance with the building and life 26 safety codes prior to August 1. 27 (b) The department shall establish, as a part of the 28 Public Education Capital Outlay and Debt Service Trust Fund, a 29 separate account, in an amount determined by the Legislature, 30 to be known as the "High Growth County Facility Construction 31 Account." The account shall be used to provide necessary 4 12:42 PM 05/04/05 s0360e1c-26-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 920758 1 construction funds to high growth school districts which have 2 urgent construction needs, but which lack sufficient resources 3 at present and cannot reasonably anticipate sufficient 4 resources within the period of the next 3 years, for these 5 purposes from currently authorized sources of capital outlay 6 revenue and local sources. A school district requesting 7 funding from the account shall submit one specific 8 construction project, not to exceed one complete educational 9 plant, to the Special Facility Construction Committee. No 10 district shall receive funding for more than one approved 11 project in any 2-year period, provided that any grants 12 received under this paragraph must be fully expended or 13 encumbered in order for a district to apply for additional 14 funding under this paragraph and all Classrooms First funds 15 have been allocated and expended by the district. The first 16 year of the 2-year period shall be the first year a district 17 receives an appropriation. The request must meet the following 18 criteria to be considered by the committee: 19 1. The project must be deemed a critical need and must 20 be recommended for funding by the Special Facility 21 Construction Committee. Prior to developing plans for the 22 proposed facility, the district school board must request a 23 preapplication review by the Special Facility Construction 24 Committee or a project review subcommittee convened by the 25 committee to include two representatives of the department and 26 two staff from school districts not eligible to participate in 27 the program. Within 60 days after receiving the preapplication 28 review request, the committee or subcommittee must meet in the 29 school district to review the project proposal and existing 30 facilities. To determine whether the proposed project is a 31 critical need, the committee or subcommittee shall consider, 5 12:42 PM 05/04/05 s0360e1c-26-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 920758 1 at a minimum, the capacity of all existing facilities within 2 the district as determined by the Florida Inventory of School 3 Houses; the district's pattern of student growth with priority 4 given to those districts that have equaled or exceeded twice 5 the statewide average in growth in capital outlay full-time 6 equivalent students over the previous 4 fiscal years; the 7 district's existing and projected capital outlay full-time 8 equivalent student enrollment as determined by the department 9 with priority given to these districts with 20,000 or more 10 capital outlay full-time equivalent students; the district's 11 existing satisfactory student stations; the use of all 12 existing district property and facilities; grade level 13 configurations; and any other information that may affect the 14 need for the proposed project. 15 2. The construction project must be recommended in the 16 most recent survey or surveys by the district under the rules 17 of the State Board of Education. 18 3. The construction project includes either a 19 recreational facility or media center that will be jointly 20 used with a local government. 21 4. The construction project must appear on the 22 district's approved project priority list under the rules of 23 the State Board of Education. 24 5. The district must have selected and had approved a 25 site for the construction project in compliance with the 26 interlocal agreement with the appropriate local government, s. 27 1013.36, and the rules of the State Board of Education. 28 6. The district shall have developed a district school 29 board adopted list of facilities that do not exceed the norm 30 for net square feet occupancy requirements under the state 31 requirements for educational facilities, using all possible 6 12:42 PM 05/04/05 s0360e1c-26-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 920758 1 programmatic combinations for multiple use of space to obtain 2 maximum daily use of all spaces within the facility under 3 consideration. 4 7. Upon construction, the total cost per student 5 station, including change orders, must not exceed the cost per 6 student station as provided in subsection (6). 7 8. There shall be an agreement signed by the district 8 school board stating that it will advertise for bids within 30 9 days after receipt of its encumbrance authorization from the 10 department. 11 9. If a contract has not been signed 90 days after the 12 advertising of bids, the funding for the specific project 13 shall revert to the Special Facility Construction Account to 14 be reallocated to other projects on the list. However, an 15 additional 90 days may be granted by the commissioner. 16 10. Final phase III plans must be certified by the 17 board as complete and in compliance with the building and life 18 safety codes prior to August 1. 19 (c)(b) The Special Facility Construction Committee 20 shall be composed of the following: two representatives of the 21 Department of Education, a representative from the Governor's 22 office, a representative selected annually by the district 23 school boards, and a representative selected annually by the 24 superintendents. 25 (d)(c) The committee shall review the requests 26 submitted from the districts, evaluate the ability of the 27 project to relieve critical needs, and rank the requests in 28 priority order. This statewide priority list for special 29 facilities construction shall be submitted to the Legislature 30 in the commissioner's annual capital outlay legislative budget 31 request at least 45 days prior to the legislative session. For 7 12:42 PM 05/04/05 s0360e1c-26-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 920758 1 the initial year of the funding of the program outlined in 2 paragraph (b), the Special Facility Construction Committee 3 shall authorize the disbursement of funds appropriated by the 4 Legislature for the purposes of the program funded by the High 5 Growth County Facility Construction Account created in 6 paragraph (b). 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 6, line 6, following the semicolon, 12 13 insert: 14 revising criteria for requesting funding from 15 the Special Facility Construction Account; 16 requiring the Department of Education to 17 establish the High Growth County Facility 18 Construction Account as a separate account 19 within the Public Education Capital Outlay and 20 Debt Service Trust Fund for certain purposes; 21 specifying requirements for funding from the 22 account; 23 24 25 26 27 28 29 30 31 8 12:42 PM 05/04/05 s0360e1c-26-t01
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