Florida Senate - 2024 CS for SB 7002 By the Committees on Fiscal Policy; and Education Pre-K -12 594-01839-24 20247002c1 1 A bill to be entitled 2 An act relating to deregulation of public 3 schools/school district finance and budgets, 4 facilities, and administration and oversight; amending 5 s. 120.81, F.S.; providing that district school boards 6 are not subject to certain rule requirements under 7 certain circumstances; amending s. 163.31777, F.S.; 8 revising requirements for what a district school 9 boards interlocal agreement must address; amending s. 10 200.065, F.S.; requiring a district school board to 11 advertise its intent to adopt a tentative budget on a 12 publicly available website if it does not advertise 13 such intent in a newspaper of general circulation; 14 defining the term publicly accessible website; 15 amending s. 252.38, F.S.; requiring district school 16 boards to provide personnel access to facilities for 17 emergency management, rather than staffing such 18 facilities, or perform other specified duties as may 19 be required in the county emergency management plan; 20 amending s. 316.173, F.S.; revising requirements for 21 signage that must be posted on certain school buses; 22 authorizing certain civil penalties to be used by a 23 district school board to recruit and retain specified 24 school bus drivers; amending s. 1001.02, F.S.; 25 revising a duty of the State Board of Education to 26 adopt certain rules; amending s. 1001.23, F.S.; 27 requiring the Department of Education to annually 28 inform district school superintendents that they may 29 petition to receive a specified declaratory statement; 30 requiring the department to annually provide school 31 districts with a list of statutory and rule 32 requirements; providing requirements for such list; 33 amending s. 1001.372, F.S.; authorizing public notices 34 for district school board meetings to be posted on a 35 publicly accessible website or the official district 36 school board website; amending s. 1001.42, F.S.; 37 deleting requirements for financial procedures that 38 must be followed by district school boards to ensure 39 adequate educational facilities for students; amending 40 s. 1001.49, F.S.; revising the general powers of 41 district school superintendents to include 42 establishing a process for the review and approval of 43 certain policies and procedures through the delegated 44 authority of district school boards; amending s. 45 1002.20, F.S.; revising a requirement relating to how 46 a parent is informed of placement of a student in a 47 specified program; revising a requirement relating to 48 how a parent is informed of a students suspension; 49 deleting a requirement that the school financial 50 report be in the student handbook; requiring the 51 department to produce specified reports relating to 52 school accountability and make such reports available 53 on the departments website; requiring each school 54 district to provide a link to such reports; deleting a 55 requirement that an economic security report of 56 employment and earning outcomes be provided to 57 students; amending s. 1002.33, F.S.; deleting a 58 requirement for an unused district school board 59 facility or property to be provided for a charter 60 schools use; revising a requirement for school 61 districts to provide certain information relating to 62 vacant classrooms to the department; amending s. 63 1002.333, F.S.; revising a provision authorizing 64 school districts to make certain unused facilities 65 available to hope operators; amending s. 1003.03, 66 F.S.; deleting a requirement for district school 67 boards to provide an accountability plan to the 68 Commissioner of Education under certain conditions; 69 amending s. 1003.53, F.S.; revising how district 70 school boards may provide notice to parents relating 71 to a dropout prevention and academic intervention 72 program; repealing s. 1006.025, F.S., relating to 73 guidance services; amending s. 1006.09, F.S.; revising 74 how a school principal or the principals designee may 75 provide notice to inform a parent of a students 76 suspension; amending s. 1006.1494, F.S.; providing 77 that provisions relating to student online personal 78 information protection do not require a K-12 school, 79 school district, or school board to include any 80 provisions in an operator or vendor contract; amending 81 s. 1010.02, F.S.; providing that school districts are 82 subject to varying reporting frequencies based on 83 financial status; requiring the State Board of 84 Education to adopt rules; amending s. 1010.11, F.S.; 85 providing that school districts are exempt from 86 certain requirements relating to electronic transfer 87 of funds; amending s. 1010.20, F.S.; requiring charter 88 schools to respond to monitoring questions from the 89 department; amending s. 1011.03, F.S.; requiring 90 district school boards to publish their tentative 91 budgets on a publicly accessible website if not 92 published on the districts official website; deleting 93 a requirement for district school boards to publish 94 their tentative budgets in a newspaper or at a 95 courthouse under certain circumstances; amending s. 96 1011.035, F.S.; revising requirements relating to a 97 district school board publishing its tentative budget 98 online; amending s. 1011.14, F.S.; revising the types 99 of facilities on which district school boards may 100 incur certain financial obligations; amending s. 101 1011.60, F.S.; revising circumstances under which the 102 State Board of Education may alter the requirement for 103 the minimum term schools must be open; amending s. 104 1011.68, F.S.; deleting a prohibition on use of funds 105 by school districts to purchase certain transportation 106 equipment and supplies; amending s. 1011.69, F.S.; 107 deleting a requirement relating to Title I fund 108 allocations to schools; providing a new category of 109 funding school districts are authorized to withhold; 110 revising a category of funding a school district is 111 authorized to withhold; requiring the department to 112 make certain funds available to local education 113 agencies; amending s. 1011.71, F.S.; revising the 114 types of facilities and expenditures for which 115 district school boards may use millage levies to fund; 116 amending s. 1013.15, F.S.; conforming provisions to 117 changes made by the act; providing that the lease 118 purchase of certain facilities is exempt from certain 119 requirements; making a technical change; amending s. 120 1013.16, F.S.; providing that a minimum lease term 121 requirement for land for certain construction projects 122 does not apply to district school boards; amending s. 123 1013.19, F.S.; requiring proceeds from certain sales 124 or leases of property to be used by boards of trustees 125 for a Florida College System institution or state 126 university; amending s. 1013.20, F.S.; deleting a 127 district school board requirement to plan for the use 128 of relocatables; deleting a requirement for the 129 commissioner to provide a progress report to the 130 Legislature; repealing s. 1013.21, F.S., relating to 131 reduction of relocatable facilities in use; amending 132 s. 1013.28, F.S.; deleting a requirement for surplus 133 tangible personal property to be provided to charter 134 schools; amending s. 1013.31, F.S.; requiring each 135 Florida College System institution board of trustees 136 and state university board of trustees to arrange for 137 educational plant surveys; deleting provisions 138 relating to when an educational plant survey 139 recommendation is not required; requiring Florida 140 College System institution and state university 141 boards, but not district school boards, to participate 142 in specified surveys; deleting a requirement for 143 school districts to submit certain data to the 144 department; revising requirements for what a survey 145 report must include; deleting a requirement that a 146 school districts survey must be submitted as part of 147 the district educational facilities plan; deleting a 148 requirement for the department to perform an analysis 149 of such surveys; revising requirements for a 150 facilities needs survey submitted by a district school 151 board; requiring that the release of funds for a PECO 152 project be subject to certain authorizations; amending 153 s. 1013.35, F.S.; deleting definitions; revising 154 requirements for the contents of a district school 155 board tentative district educational facilities plan; 156 deleting a requirement for district school boards to 157 coordinate with local governments to ensure 158 consistency between school district and local 159 government plans; authorizing, rather than requiring, 160 local governments to review tentative district 161 educational facilities plans; making conforming 162 changes; amending s. 1013.356, F.S.; revising 163 requirements for lease terms for certain construction 164 projects; deleting a requirement relating to certain 165 construction costs; amending s. 1013.385, F.S.; 166 deleting requirements for a resolution relating to 167 educational facilities construction which may be 168 adopted by district school boards; providing that 169 exceptions to requirements for public shelter design 170 criteria remain subject to certain emergency 171 management provisions; providing that a school board 172 may not be required to build more emergency-shelter 173 space than identified as needed; amending s. 1013.41, 174 F.S.; revising requirements for an educational 175 facilities plan; revising the duties of the Office of 176 Educational Facilities; amending s. 1013.45, F.S.; 177 exempting district school boards from certain contract 178 limitations; specifying that a requirement for the 179 services of a registered architect apply to Florida 180 College System institution and state university boards 181 of trustees; deleting a requirement for district 182 school boards to reuse existing construction 183 documents; amending s. 1013.48, F.S.; deleting a 184 requirement for a school district to monitor and 185 report change orders on a district educational 186 facilities plan; amending s. 1013.64, F.S.; providing 187 that remodeling projects for district school boards 188 must be based on specified determinations; providing 189 that a requirement for how certain funds must be spent 190 only applies to Florida College System institution and 191 state university boards; revising requirements for the 192 use of funds from the Special Facility Construction 193 Account; deleting prohibitions on the use of specified 194 funds that meet certain thresholds; requiring the 195 department to estimate, rather than review and adjust, 196 the cost per student station to reflect actual 197 construction costs; deleting a requirement for the 198 Auditor General to review certain documentation; 199 deleting requirements relating to district school 200 board use of funds for construction projects; amending 201 s. 1013.68, F.S.; revising requirements for a school 202 district to receive a specified distribution of funds; 203 amending ss. 163.3180, 1002.31, 1003.621, 1003.631, 204 1011.6202, 1011.73, 1012.555, and 1013.62, F.S.; 205 conforming cross-references and provisions to changes 206 made by the act; providing an effective date. 207 208 Be It Enacted by the Legislature of the State of Florida: 209 210 Section 1.Paragraph (m) is added to subsection (1) of 211 section 120.81, Florida Statutes, to read: 212 120.81Exceptions and special requirements; general areas. 213 (1)EDUCATIONAL UNITS. 214 (m)District school boards are not subject to the 215 requirements for rules in this chapter when exercising their 216 powers and duties identified in chapters 1000-1014 to formulate 217 policy with public input at a public meeting. 218 Section 2.Paragraphs (e) and (f) of subsection (2) and 219 subsection (4) of section 163.31777, Florida Statutes, are 220 amended to read: 221 163.31777Public schools interlocal agreement. 222 (2)At a minimum, the interlocal agreement must address the 223 following issues: 224 (e)A process for the school board to inform the local 225 government regarding the effect of comprehensive plan amendments 226 on school capacity. The capacity reporting must be consistent 227 with laws and rules relating to measurement of school facility 228 capacity and must also identify how the district school board 229 will meet the public school demand based on the facilities plan 230 work program adopted pursuant to s. 1013.35. 231 (f)Participation of the local governments in the 232 preparation of the annual update to the district school boards 233 5-year district facilities plan work program and educational 234 plant survey prepared pursuant to s. 1013.35. 235 (4)At the time of the evaluation and appraisal of its 236 comprehensive plan pursuant to s. 163.3191, each exempt 237 municipality shall assess the extent to which it continues to 238 meet the criteria for exemption under subsection (3). If the 239 municipality continues to meet the criteria for exemption under 240 subsection (3), the municipality shall continue to be exempt 241 from the interlocal agreement requirement. Each municipality 242 exempt under subsection (3) must comply with this section within 243 1 year after the district school board proposes, in its 5-year 244 district facilities plan work program, a new school within the 245 municipalitys jurisdiction. 246 Section 3.Paragraph (f) of subsection (2) of section 247 200.065, Florida Statutes, is amended to read: 248 200.065Method of fixing millage. 249 (2)No millage shall be levied until a resolution or 250 ordinance has been approved by the governing board of the taxing 251 authority which resolution or ordinance must be approved by the 252 taxing authority according to the following procedure: 253 (f)1.Notwithstanding any provisions of paragraph (c) to 254 the contrary, each school district shall advertise its intent to 255 adopt a tentative budget on a publicly accessible website 256 pursuant to s. 50.0311 or in a newspaper of general circulation 257 pursuant to subsection (3) within 29 days of certification of 258 value pursuant to subsection (1). For the purpose of this 259 paragraph, the term publicly accessible website includes a 260 district school boards official website if the school board 261 website satisfies the remaining requirements of s. 50.0311. Not 262 less than 2 days or more than 5 days thereafter, the district 263 shall hold a public hearing on the tentative budget pursuant to 264 the applicable provisions of paragraph (c). In the event of 265 postponement or recess due to a declared state of emergency, the 266 school district may postpone or recess the hearing for up to 7 267 days and shall post a prominent notice at the place of the 268 original hearing showing the date, time, and place where the 269 hearing will be reconvened. The posted notice shall measure not 270 less than 8.5 by 11 inches. The school district shall make every 271 reasonable effort to provide reasonable notification of the 272 continued hearing to the taxpayers. The information must also be 273 posted on the school districts website if the district school 274 board uses a different method of advertisement. 275 2.Notwithstanding any provisions of paragraph (b) to the 276 contrary, each school district shall advise the property 277 appraiser of its recomputed proposed millage rate within 35 days 278 of certification of value pursuant to subsection (1). The 279 recomputed proposed millage rate of the school district shall be 280 considered its proposed millage rate for the purposes of 281 paragraph (b). 282 3.Notwithstanding any provisions of paragraph (d) to the 283 contrary, each school district shall hold a public hearing to 284 finalize the budget and adopt a millage rate within 80 days of 285 certification of value pursuant to subsection (1), but not 286 earlier than 65 days after certification. The hearing shall be 287 held in accordance with the applicable provisions of paragraph 288 (d), except that a newspaper advertisement need not precede the 289 hearing. 290 Section 4.Paragraph (d) of subsection (1) of section 291 252.38, Florida Statutes, is amended to read: 292 252.38Emergency management powers of political 293 subdivisions.Safeguarding the life and property of its citizens 294 is an innate responsibility of the governing body of each 295 political subdivision of the state. 296 (1)COUNTIES. 297 (d)During a declared state or local emergency and upon the 298 request of the director of a local emergency management agency, 299 the district school board or school boards in the affected area 300 shall participate in emergency management by providing 301 facilities and necessary personnel to access staff such 302 facilities or perform other duties related to the facilities as 303 may be required pursuant to the county emergency management plan 304 and program. Each school board providing transportation 305 assistance in an emergency evacuation shall coordinate the use 306 of its vehicles and personnel with the local emergency 307 management agency. 308 Section 5.Paragraph (a) of subsection (2) and subsection 309 (7) of section 316.173, Florida Statutes, are amended to read: 310 316.173School bus infraction detection systems. 311 (2)(a)The school district must post high-visibility 312 reflective signage on the rear of each school bus in which a 313 school bus infraction detection system is installed and 314 operational which indicates the use of such system. The signage 315 must be in the form of one or more signs or stickers and must 316 contain the following elements in substantially the following 317 form: 318 1.The words STOP WHEN RED LIGHTS FLASH or DO NOT PASS 319 WHEN RED LIGHTS FLASH. 320 2.The words CAMERA ENFORCED. 321 3.A graphic depiction of a camera. 322 (7)The civil penalties assessed and collected for a 323 violation of s. 316.172(1)(a) or (b) enforced by a school bus 324 infraction detection system must be remitted to the school 325 district in which the violation occurred. Such civil penalties 326 must be used for the installation or maintenance of school bus 327 infraction detection systems on school buses, for any other 328 technology that increases the safety of the transportation of 329 students, or for the administration and costs associated with 330 the enforcement of violations as described in this section, or 331 to provide financial awards to recruit or retain school bus 332 drivers in the school district in which the civil penalties are 333 assessed and collected. 334 Section 6.Paragraph (n) of subsection (2) of section 335 1001.02, Florida Statutes, is amended to read: 336 1001.02General powers of State Board of Education. 337 (2)The State Board of Education has the following duties: 338 (n)To adopt cohesive rules pursuant to ss. 120.536(1) and 339 120.54, within statutory authority as specifically provided by 340 law. 341 Section 7.Subsections (5) and (6) are added to section 342 1001.23, Florida Statutes, to read: 343 1001.23Specific powers and duties of the Department of 344 Education.In addition to all other duties assigned to it by law 345 or by rule of the State Board of Education, the department 346 shall: 347 (5)Annually by August 1, inform district school 348 superintendents that pursuant to s. 120.565, the superintendents 349 may receive a declaratory statement, within 90 days of 350 submitting a petition to receive such statement, regarding the 351 departments opinion as to the applicability to a school 352 district of a statutory or rule provision as it applies to the 353 districts particular set of circumstances. 354 (6)Annually maintain and make available to school 355 districts a list of all requirements in statute and rule 356 relating to required actions by district school boards or 357 superintendents. The list must include, but is not limited to, 358 required parent notifications; information that must be posted 359 to the district website; and reporting, filing, and 360 certification requirements. 361 Section 8.Paragraph (c) of subsection (2) of section 362 1001.372, Florida Statutes, is amended to read: 363 1001.372District school board meetings. 364 (2)PLACE OF MEETINGS. 365 (c)For purpose of this section, due public notice shall 366 consist of, at least 2 days prior to the meeting: continuous 367 publication on a publicly accessible website as provided in s. 368 50.0311 or the official district school board website; by 369 publication in a newspaper of general circulation in the county 370 or in each county where there is no newspaper of general 371 circulation in the county an announcement over at least one 372 radio station whose signal is generally received in the county, 373 a reasonable number of times daily during the 48 hours 374 immediately preceding the date of such meeting;, or by posting a 375 notice at the courthouse door if no newspaper is published in 376 the county, at least 2 days prior to the meeting. 377 Section 9.Paragraph (l) of subsection (12) of section 378 1001.42, Florida Statutes, is amended to read: 379 1001.42Powers and duties of district school board.The 380 district school board, acting as a board, shall exercise all 381 powers and perform all duties listed below: 382 (12)FINANCE.Take steps to assure students adequate 383 educational facilities through the financial procedure 384 authorized in chapters 1010 and 1011 and as prescribed below: 385 (l)Internal auditor.May or, in the case of a school 386 district receiving annual federal, state, and local funds in 387 excess of $500 million, shall employ an internal auditor. The 388 scope of the internal auditor shall not be restricted and shall 389 include every functional and program area of the school system. 390 1.The internal auditor shall perform ongoing financial 391 verification of the financial records of the school district, a 392 comprehensive risk assessment of all areas of the school system 393 every 5 years, and other audits and reviews as the district 394 school board directs for determining: 395 a.The adequacy of internal controls designed to prevent 396 and detect fraud, waste, and abuse as defined in s. 11.45(1). 397 b.Compliance with applicable laws, rules, contracts, grant 398 agreements, district school board-approved policies, and best 399 practices. 400 c.The efficiency of operations. 401 d.The reliability of financial records and reports. 402 e.The safeguarding of assets. 403 f.Financial solvency. 404 g.Projected revenues and expenditures. 405 h.The rate of change in the general fund balance. 406 2.The internal auditor shall prepare audit reports of his 407 or her findings and report directly to the district school board 408 or its designee. 409 3.Any person responsible for furnishing or producing any 410 book, record, paper, document, data, or sufficient information 411 necessary to conduct a proper audit or examination which the 412 internal auditor is by law authorized to perform is subject to 413 the provisions of s. 11.47(3) and (4). 414 Section 10.Subsection (3) of section 1001.49, Florida 415 Statutes, is amended to read: 416 1001.49General powers of district school superintendent. 417 The district school superintendent shall have the authority, and 418 when necessary for the more efficient and adequate operation of 419 the district school system, the district school superintendent 420 shall exercise the following powers: 421 (3)APPROVE OPERATIONAL POLICIES THROUGH THE DELEGATED 422 AUTHORITY OF THE DISTRICT SCHOOL BOARD.Establish a process for 423 the review and approval of districtwide policies and procedures, 424 through the formal delegated authority of the district school 425 board, RECOMMEND POLICIES.Recommend to the district school 426 board for adoption such policies pertaining to the district 427 school system as the district school superintendent may consider 428 necessary for its more efficient operation. 429 Section 11.Paragraph (e) of subsection (2), paragraph (a) 430 of subsection (4), and subsections (16) and (24) of section 431 1002.20, Florida Statutes, are amended to read: 432 1002.20K-12 student and parent rights.Parents of public 433 school students must receive accurate and timely information 434 regarding their childs academic progress and must be informed 435 of ways they can help their child to succeed in school. K-12 436 students and their parents are afforded numerous statutory 437 rights including, but not limited to, the following: 438 (2)ATTENDANCE. 439 (e)Dropout prevention and academic intervention programs. 440 The parent of a public school student has the right to receive 441 written notice by certified mail or other method agreed to by 442 the parent prior to placement of the student in a dropout 443 prevention and academic intervention program and shall be 444 notified in writing and entitled to an administrative review of 445 any action by school personnel relating to the students 446 placement, in accordance with the provisions of s. 1003.53(5). 447 (4)DISCIPLINE. 448 (a)Suspension of public school student.In accordance with 449 the provisions of s. 1006.09(1)-(4): 450 1.A student may be suspended only as provided by rule of 451 the district school board. A good faith effort must be made to 452 immediately inform the parent by telephone of the students 453 suspension and the reason. Each suspension and the reason must 454 be reported in writing within 24 hours to the parent by United 455 States mail or other method agreed to by the parent. A good 456 faith effort must be made to use parental assistance before 457 suspension unless the situation requires immediate suspension. 458 2.A student with a disability may only be recommended for 459 suspension or expulsion in accordance with State Board of 460 Education rules. 461 (16)SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING 462 REPORTS; FISCAL TRANSPARENCY.Parents of public school students 463 have the right to an easy-to-read report card about the schools 464 grade designation or, if applicable under s. 1008.341, the 465 schools improvement rating, and the schools accountability 466 report, including the school financial report as required under 467 s. 1010.215. The school financial report must be provided to the 468 parents and indicate the average amount of money expended per 469 student in the school, which must also be included in the 470 student handbook or a similar publication. The department shall 471 produce the reports under this subsection and make the reports 472 for each school available on the departments website in a 473 prominent location. Each public school district must provide a 474 link on its website to these reports for parent access. 475 (24)ECONOMIC SECURITY REPORT.Beginning in the 2014-2015 476 school year and annually thereafter, each middle school and high 477 school student or the students parent prior to registration 478 shall be provided a two-page summary of the Department of 479 Economic Opportunitys economic security report of employment 480 and earning outcomes prepared pursuant to s. 445.07 and 481 electronic access to the report. 482 Section 12.Paragraphs (e) and (g) of subsection (18) of 483 section 1002.33, Florida Statutes, are amended to read: 484 1002.33Charter schools. 485 (18)FACILITIES. 486 (e)If a district school board facility or property is 487 available because it is surplus, marked for disposal, or 488 otherwise unused, it shall be provided for a charter schools 489 use on the same basis as it is made available to other public 490 schools in the district. A charter school that receives surplus, 491 marked for disposal, or otherwise unused facilities or receiving 492 property from the sponsor may not sell or dispose of such 493 facilities or property without written permission of the 494 sponsor. Similarly, for an existing public school converting to 495 charter status, no rental or leasing fee for the existing 496 facility or for the property normally inventoried to the 497 conversion school may be charged by the district school board to 498 the parents and teachers organizing the charter school. The 499 charter school shall agree to reasonable maintenance provisions 500 in order to maintain the facility in a manner similar to 501 district school board standards. The Public Education Capital 502 Outlay maintenance funds or any other maintenance funds 503 generated by the facility operated as a conversion school shall 504 remain with the conversion school. 505 (g)Each school district shall annually provide to the 506 Department of Education as part of its 5-year work plan the 507 number of existing vacant classrooms in each school that the 508 district does not intend to use or does not project will be 509 needed for educational purposes for the following school year. 510 The department may recommend that a district make such space 511 available to an appropriate charter school. 512 Section 13.Paragraph (d) of subsection (7) of section 513 1002.333, Florida Statutes, is amended to read: 514 1002.333Persistently low-performing schools. 515 (7)FACILITIES. 516 (d)A school district may make available No later than 517 January 1, the department shall annually provide to school 518 districts a list of all underused, vacant, or surplus facilities 519 owned or operated by the school district to as reported in the 520 Florida Inventory of School Houses. A school district may 521 provide evidence to the department that the list contains errors 522 or omissions within 30 days after receipt of the list. By each 523 April 1, the department shall update and publish a final list of 524 all underused, vacant, or surplus facilities owned or operated 525 by each school district, based upon updated information provided 526 by each school district. a hope operator establishing a school 527 of hope may use an educational facility identified in this 528 paragraph at no cost or at a mutually agreeable cost not to 529 exceed $600 per student. A hope operator using a facility 530 pursuant to this paragraph may not sell or dispose of such 531 facility without the written permission of the school district. 532 For purposes of this paragraph, the term underused, vacant, or 533 surplus facility means an entire facility or portion thereof 534 which is not fully used or is used irregularly or intermittently 535 by the school district for instructional or program use. 536 Section 14.Subsection (4) of section 1003.03, Florida 537 Statutes, is amended to read: 538 1003.03Maximum class size. 539 (4)ACCOUNTABILITY.Each district that has not complied 540 with the requirements in subsection (1), based on the October 541 student membership survey, shall submit to the commissioner by 542 February 1 a plan certified by the district school board that 543 describes the specific actions the district will take in order 544 to fully comply with the requirements in subsection (1) by 545 October of the following school year. 546 Section 15.Subsection (5) of section 1003.53, Florida 547 Statutes, is amended to read: 548 1003.53Dropout prevention and academic intervention. 549 (5)Each district school board providing a dropout 550 prevention and academic intervention program pursuant to this 551 section shall maintain for each participating student records 552 documenting the students eligibility, the length of 553 participation, the type of program to which the student was 554 assigned or the type of academic intervention services provided, 555 and an evaluation of the students academic and behavioral 556 performance while in the program. The school principal or his or 557 her designee shall, prior to placement in a dropout prevention 558 and academic intervention program or the provision of an 559 academic service, provide written notice of placement or 560 services by certified mail, return receipt requested, to the 561 students parent. The parent of the student shall sign an 562 acknowledgment of the notice of placement or service and return 563 the signed acknowledgment to the principal within 3 days after 564 receipt of the notice. District school boards may adopt a policy 565 that allows a parent to agree to an alternative method of 566 notification. Such agreement may be made before the need for 567 notification arises or at the time the notification becomes 568 required. The parents of a student assigned to such a dropout 569 prevention and academic intervention program shall be notified 570 in writing and entitled to an administrative review of any 571 action by school personnel relating to such placement pursuant 572 to the provisions of chapter 120. 573 Section 16.Section 1006.025, Florida Statutes, is 574 repealed. 575 Section 17.Paragraph (b) of subsection (1) of section 576 1006.09, Florida Statutes, is amended to read: 577 1006.09Duties of school principal relating to student 578 discipline and school safety. 579 (1) 580 (b)The principal or the principals designee may suspend a 581 student only in accordance with the rules of the district school 582 board. The principal or the principals designee shall make a 583 good faith effort to immediately inform a students parent by 584 telephone of a students suspension and the reasons for the 585 suspension. Each suspension and the reasons for the suspension 586 shall be reported in writing within 24 hours to the students 587 parent by United States mail. District school boards may adopt a 588 policy that allows a parent to agree to an alternative method of 589 notification. Such agreement may be made before the need for 590 notification arises or at the time the notification becomes 591 required. Each suspension and the reasons for the suspension 592 shall also be reported in writing within 24 hours to the 593 district school superintendent. A good faith effort shall be 594 made by the principal or the principals designee to employ 595 parental assistance or other alternative measures prior to 596 suspension, except in the case of emergency or disruptive 597 conditions which require immediate suspension or in the case of 598 a serious breach of conduct as defined by rules of the district 599 school board. Such rules shall require oral and written notice 600 to the student of the charges and an explanation of the evidence 601 against him or her prior to the suspension. Each student shall 602 be given an opportunity to present his or her side of the story. 603 No student shall be suspended for unexcused tardiness, lateness, 604 absence, or truancy. The principal or the principals designee 605 may suspend any student transported to or from school at public 606 expense from the privilege of riding on a school bus for 607 violation of district school board transportation policies, 608 which shall include a policy regarding behavior at school bus 609 stops, and the principal or the principals designee shall give 610 notice in writing to the students parent and to the district 611 school superintendent within 24 hours. School personnel shall 612 not be held legally responsible for suspensions of students made 613 in good faith. 614 Section 18.Paragraph (j) is added to subsection (6) of 615 section 1006.1494, Florida Statutes, to read: 616 1006.1494Student online personal information protection. 617 (6)This section does not do any of the following: 618 (j)Require a K-12 school, school district, or district 619 school board to include any provision in a contract with any 620 operator or vendor. 621 622 The State Board of Education may adopt rules to implement this 623 section. 624 Section 19.Subsection (1) of section 1010.02, Florida 625 Statutes, is amended to read: 626 1010.02Financial accounting and expenditures. 627 (1)All funds accruing to a school district or a Florida 628 College System institution must be received, accounted for, and 629 expended in accordance with law and rules of the State Board of 630 Education. 631 (a)A school district may be subject to varying reporting 632 frequencies based on its financial status, as determined in 633 State Board of Education rule: 634 1.A school district identified as having a financial 635 concern may be required to submit monthly financial reports. 636 2.A school district not identified as having a financial 637 concern may be required to submit financial reports no more 638 often than once every quarter. 639 (b)The State Board of Education shall adopt rules to 640 establish criteria for determining the financial status of 641 school districts for the purpose of financial reporting. 642 Section 20.Section 1010.11, Florida Statutes, is amended 643 to read: 644 1010.11Electronic transfer of funds.Pursuant to the 645 provisions of s. 215.85, each district school board, Florida 646 College System institution board of trustees, and university 647 board of trustees shall adopt written policies prescribing the 648 accounting and control procedures under which any funds under 649 their control are allowed to be moved by electronic transaction 650 for any purpose including direct deposit, wire transfer, 651 withdrawal, investment, or payment. Electronic transactions 652 shall comply with the provisions of chapter 668. However, 653 district school boards are exempt from the requirements in s. 654 668.50(18)(b). 655 Section 21.Subsection (2) of section 1010.20, Florida 656 Statutes, is amended to read: 657 1010.20Cost accounting and reporting for school 658 districts. 659 (2)COST REPORTING. 660 (a)Each district shall report on a district-aggregate 661 basis expenditures for inservice training pursuant to s. 662 1011.62(3) and for categorical programs as provided in s. 663 1011.62(17). 664 (b)Each district shall report to the department on a 665 school-by-school and on an aggregate district basis expenditures 666 for: 667 1.Each program funded in s. 1011.62(1)(c). 668 2.Total operating costs as reported pursuant to s. 669 1010.215. 670 3.Expenditures for classroom instruction pursuant to the 671 calculation in s. 1010.215(4)(b)1. and 2. 672 (c)Each charter school shall receive and respond to 673 monitoring questions from the department. 674 (d)The department shall: 675 1.Categorize all public schools and districts into 676 appropriate groups based primarily on average full-time 677 equivalent student enrollment as reported on the most recent 678 student membership survey under s. 1011.62 and in state board 679 rule to determine groups of peer schools and districts. 680 2.Annually calculate for each public school, district, and 681 for the entire state, the percentage of classroom expenditures 682 to total operating expenditures reported in subparagraphs (b)2. 683 and 3. The results shall be categorized pursuant to this 684 paragraph. 685 3.Annually calculate for all public schools, districts, 686 and the state, the average percentage of classroom expenditures 687 to total operating expenditures reported in subparagraphs (b)2. 688 and 3. The results shall be categorized pursuant to this 689 paragraph. 690 4.Develop a web-based fiscal transparency tool that 691 identifies public schools and districts that produce high 692 academic achievement based on the ratio of classroom instruction 693 expenditures to total expenditures. The fiscal transparency tool 694 shall combine the data calculated pursuant to this paragraph 695 with the student performance measurements calculated pursuant to 696 s. 1012.34(7) to determine the financial efficiency of each 697 public school and district. The results shall be displayed in an 698 easy to use format that enables the user to compare performance 699 among public schools and districts. 700 (e)(d)The Commissioner of Education shall present to the 701 Legislature, prior to the opening of the regular session each 702 year, a district-by-district report of the expenditures reported 703 pursuant to paragraphs (a) and (b). The report shall include 704 total expenditures, a detailed analysis showing expenditures for 705 each program, and such other data as may be useful for 706 management of the education system. The Commissioner of 707 Education shall also compute cost factors relative to the base 708 student allocation for each funded program in s. 1011.62(1)(c). 709 Section 22.Subsections (1) and (3) of section 1011.03, 710 Florida Statutes, are amended to read: 711 1011.03Public hearings; budget to be submitted to 712 Department of Education. 713 (1)Each district school board shall cause a summary of its 714 tentative budget, including the proposed millage levies as 715 provided for by law, to be posted on the districts official 716 website and advertised once in a newspaper of general 717 circulation published in the district or on a publicly 718 accessible website as provided in s. 50.0311 to be posted at the 719 courthouse if there be no such newspaper. 720 (3)The board shall hold public hearings to adopt tentative 721 and final budgets pursuant to s. 200.065. The hearings shall be 722 primarily for the purpose of hearing requests and complaints 723 from the public regarding the budgets and the proposed tax 724 levies and for explaining the budget and proposed or adopted 725 amendments thereto, if any. The tentative budget must be posted 726 on the districts official website at least 2 days before the 727 budget hearing held pursuant to s. 200.065 or other law. The 728 final adopted budget must be posted on the districts official 729 website within 30 days after adoption. The board shall require 730 the superintendent to transmit two copies of the adopted budget 731 to the Department of Education as prescribed by law and rules of 732 the State Board of Education. 733 Section 23.Subsections (2) and (4) of section 1011.035, 734 Florida Statutes, are amended to read: 735 1011.035School district fiscal transparency. 736 (2)Each district school board shall post on its website: 737 (a)A plain language version of each proposed, tentative, 738 and official budget which describes each budget item in terms 739 that are easily understandable to the public and includes: 740 (a)Graphical representations, for each public school 741 within the district and for the school district, of the 742 following: 743 1.Summary financial efficiency data. 744 2.Fiscal trend information for the previous 3 years on: 745 a.The ratio of full-time equivalent students to full-time 746 equivalent instructional personnel. 747 b.The ratio of full-time equivalent students to full-time 748 equivalent administrative personnel. 749 c.The total operating expenditures per full-time 750 equivalent student. 751 d.The total instructional expenditures per full-time 752 equivalent student. 753 e.The general administrative expenditures as a percentage 754 of total budget. 755 f.The rate of change in the general funds ending fund 756 balance not classified as restricted. 757 (b)A link to the web-based fiscal transparency tool 758 developed by the department pursuant to s. 1010.20 to enable 759 taxpayers to evaluate the financial efficiency of the school 760 district and compare the financial efficiency of the school 761 district with other similarly situated school districts. 762 763 This information must be prominently posted on the school 764 districts website in a manner that is readily accessible to the 765 public. 766 (4)The website should contain links to: 767 (a)Help explain or provide background information on 768 various budget items that are required by state or federal law. 769 (b)Allow users to navigate to related sites to view 770 supporting details. 771 (c)enable taxpayers, parents, and education advocates to 772 send e-mails asking questions about the budget and enable others 773 to view the questions and responses. 774 Section 24.Subsection (1) of section 1011.14, Florida 775 Statutes, is amended to read: 776 1011.14Obligations for a period of 1 year.District school 777 boards are authorized only under the following conditions to 778 create obligations by way of anticipation of budgeted revenues 779 accruing on a current basis without pledging the credit of the 780 district or requiring future levy of taxes for certain purposes 781 for a period of 1 year; however, such obligations may be 782 extended from year to year with the consent of the lender for a 783 period not to exceed 4 years, or for a total of 5 years 784 including the initial year of the loan: 785 (1)PURPOSES.The purposes for which such obligations may 786 be incurred within the intent of this section shall include only 787 the purchase of school buses, land, and equipment for 788 educational purposes; the erection of, alteration to, or 789 addition to educational plants, ancillary plants, and auxiliary 790 facilities; and the adjustment of insurance on educational 791 property on a 5-year plan, as provided by rules of the State 792 Board of Education. 793 Section 25.Subsection (2) of section 1011.60, Florida 794 Statutes, is amended to read: 795 1011.60Minimum requirements of the Florida Education 796 Finance Program.Each district which participates in the state 797 appropriations for the Florida Education Finance Program shall 798 provide evidence of its effort to maintain an adequate school 799 program throughout the district and shall meet at least the 800 following requirements: 801 (2)MINIMUM TERM.Operate all schools for a term of 180 802 actual teaching days or the equivalent on an hourly basis as 803 specified by rules of the State Board of Education each school 804 year. The State Board of Education may prescribe procedures for 805 altering, and, upon written application, may alter, this 806 requirement during a national, state, or local emergency as it 807 may apply to an individual school or schools in any district or 808 districts if the district school board certifies to the 809 Commissioner of Education that if, in the opinion of the board, 810 it is not necessary feasible to make up lost days or hours, and 811 the apportionment may, at the discretion of the Commissioner of 812 Education and if the board determines that the reduction of 813 school days or hours is caused by the existence of a bona fide 814 emergency, be reduced for such district or districts in 815 proportion to the decrease in the length of term in any such 816 school or schools. A strike, as defined in s. 447.203(6), by 817 employees of the school district may not be considered an 818 emergency. 819 Section 26.Subsection (4) of section 1011.68, Florida 820 Statutes, is amended to read: 821 1011.68Funds for student transportation.The annual 822 allocation to each district for transportation to public school 823 programs, including charter schools as provided in s. 824 1002.33(17)(b), of students in membership in kindergarten 825 through grade 12 and in migrant and exceptional student programs 826 below kindergarten shall be determined as follows: 827 (4)No district shall use funds to purchase transportation 828 equipment and supplies at prices which exceed those determined 829 by the department to be the lowest which can be obtained, as 830 prescribed in s. 1006.27(1). 831 Section 27.Subsection (4) of section 1011.69, Florida 832 Statutes, is amended, and subsection (5) is added to that 833 section, to read: 834 1011.69Equity in School-Level Funding Act. 835 (4)After providing Title I, Part A, Basic funds to schools 836 above the 75 percent poverty threshold, which may include high 837 schools above the 50 percent threshold as permitted by federal 838 law, school districts shall provide any remaining Title I, Part 839 A, Basic funds directly to all eligible schools as provided in 840 this subsection. For purposes of this subsection, an eligible 841 school is a school that is eligible to receive Title I funds, 842 including a charter school. The threshold for identifying 843 eligible schools may not exceed the threshold established by a 844 school district for the 2016-2017 school year or the statewide 845 percentage of economically disadvantaged students, as determined 846 annually. 847 (a)Prior to the allocation of Title I funds to eligible 848 schools, a school district may withhold funds only as follows: 849 1.One percent for parent involvement, in addition to the 850 one percent the district must reserve under federal law for 851 allocations to eligible schools for parent involvement; 852 2.A necessary and reasonable amount for administration 853 which includes the districts indirect cost rate, not to exceed 854 a total of 10 percent; 855 3.A reasonable and necessary amount to provide: 856 a.Homeless programs; 857 b.Delinquent and neglected programs; 858 c.Prekindergarten programs and activities; 859 d.Private school equitable services; and 860 e.Transportation for foster care children to their school 861 of origin or choice programs; 862 4.Up to 5 percent to provide financial incentives and 863 rewards to teachers who serve students in eligible schools, 864 including charter schools, identified for comprehensive support 865 and improvement activities or targeted support and improvement 866 activities, for the purpose of attracting and retaining 867 qualified and effective teachers, including teachers of any 868 subject or grade level for whom a measurement under s. 869 1012.34(7) or a state-approved Alternative Student Growth Model 870 is unavailable; and 871 5.4.A necessary and reasonable amount, not to exceed 1 872 percent, for eligible schools, including charter schools, to 873 provide educational services in accordance with the approved 874 Title I plan. 875 (b)All remaining Title I funds shall be distributed to all 876 eligible schools in accordance with federal law and regulation. 877 An eligible school may use funds under this subsection to 878 participate in discretionary educational services provided by 879 the school district. Any funds provided by an eligible school to 880 participate in discretionary educational services provided by 881 the school district are not subject to the requirements of this 882 subsection. 883 (c)Any funds carried forward by the school district are 884 not subject to the requirements of this subsection. 885 (5)The Department of Education shall make funds from Title 886 I, Title II, and Title III programs available to local education 887 agencies for the full period of availability provided in federal 888 law. 889 Section 28.Paragraphs (e) and (h) of subsection (2) and 890 subsections (5) and (6) of section 1011.71, Florida Statutes, 891 are amended, and paragraphs (l) and (m) are added to subsection 892 (2) of that section, to read: 893 1011.71District school tax. 894 (2)In addition to the maximum millage levy as provided in 895 subsection (1), each school board may levy not more than 1.5 896 mills against the taxable value for school purposes for charter 897 schools pursuant to s. 1013.62(1) and (3) and for district 898 schools to fund: 899 (e)Payments for educational plants, ancillary plants, and 900 auxiliary facilities and sites due under a lease-purchase 901 agreement entered into by a district school board pursuant to s. 902 1003.02(1)(f) or s. 1013.15(2), not exceeding, in the aggregate, 903 an amount equal to three-fourths of the proceeds from the 904 millage levied by a district school board pursuant to this 905 subsection. The three-fourths limit is waived for lease-purchase 906 agreements entered into before June 30, 2009, by a district 907 school board pursuant to this paragraph. If payments under 908 lease-purchase agreements in the aggregate, including lease 909 purchase agreements entered into before June 30, 2009, exceed 910 three-fourths of the proceeds from the millage levied pursuant 911 to this subsection, the district school board may not withhold 912 the administrative fees authorized by s. 1002.33(20) from any 913 charter school operating in the school district. 914 (h)Payment of costs of leasing relocatable educational 915 plants, ancillary plants, and auxiliary facilities, of renting 916 or leasing educational plants, ancillary plants, and auxiliary 917 facilities and sites pursuant to s. 1013.15(2), or of renting or 918 leasing buildings or space within existing buildings pursuant to 919 s. 1013.15(4). 920 (l)The purchase, lease-purchase, or lease of driver 921 education vehicles; motor vehicles used for the maintenance or 922 operation of plants and equipment; security vehicles; or 923 vehicles used in storing or distributing materials and 924 equipment. 925 (m)Payment of the cost of premiums, as defined in s. 926 627.403, for property and casualty insurance necessary to insure 927 school district educational and ancillary plants. As used in 928 this paragraph, the term casualty insurance means the lines of 929 insurance specified in s. 624.605(1)(d), (f), (g), (h), and (m). 930 Operating revenues that are made available through the payment 931 of property and casualty insurance premiums from revenues 932 generated under this subsection may be expended only for 933 nonrecurring operational expenditures of the school district. 934 (5)A school district may expend, subject to s. 200.065, up 935 to $175 per unweighted full-time equivalent student from the 936 revenue generated by the millage levy authorized by subsection 937 (2) to fund, in addition to expenditures authorized in 938 paragraphs (2)(a)-(j), expenses for the following: 939 (a)The purchase, lease-purchase, or lease of drivers 940 education vehicles; motor vehicles used for the maintenance or 941 operation of plants and equipment; security vehicles; or 942 vehicles used in storing or distributing materials and 943 equipment. 944 (b)Payment of the cost of premiums, as defined in s. 945 627.403, for property and casualty insurance necessary to insure 946 school district educational and ancillary plants. As used in 947 this paragraph, casualty insurance has the same meaning as in s. 948 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that 949 are made available through the payment of property and casualty 950 insurance premiums from revenues generated under this subsection 951 may be expended only for nonrecurring operational expenditures 952 of the school district. 953 (6)Violations of the expenditure provisions in subsection 954 (2) or subsection (5) shall result in an equal dollar reduction 955 in the Florida Education Finance Program (FEFP) funds for the 956 violating district in the fiscal year following the audit 957 citation. 958 Section 29.Section 1013.15, Florida Statutes, is amended 959 to read: 960 1013.15Lease, rental, and lease-purchase of educational 961 plants, ancillary plants, and auxiliary facilities and sites. 962 (1)A board may lease any land, facilities, or educational 963 plants owned by it to any person or entity for such term, for 964 such rent, and upon such terms and conditions as the board 965 determines to be in its best interests; any such lease may 966 provide for the optional or binding purchase of the land, 967 facilities, or educational plants by the lessee upon such terms 968 and conditions as the board determines are in its best 969 interests. A determination that any such land, facility, or 970 educational plant so leased is unnecessary for educational 971 purposes is not a prerequisite to the leasing or lease-purchase 972 of such land, facility, or educational plant. Prior to entering 973 into or executing any such lease, a board shall consider 974 approval of the lease or lease-purchase agreement at a public 975 meeting, at which a copy of the proposed agreement in its final 976 form shall be available for inspection and review by the public, 977 after due notice as required by law. 978 (2)(a)A district school board may rent or lease 979 educational plants, ancillary plants, and auxiliary facilities 980 and sites as defined in s. 1013.01. Educational plants, 981 ancillary plants, and auxiliary facilities and sites rented or 982 leased for 1 year or less shall be funded through the operations 983 budget or funds derived from millage proceeds pursuant to s. 984 1011.71(2). A lease contract for 1 year or less, when extended 985 or renewed beyond a year, becomes a multiple-year lease. 986 Operational funds or funds derived from millage proceeds 987 pursuant to s. 1011.71(2) may be authorized to be expended for 988 multiple-year leases. All leased facilities and sites must be 989 inspected prior to occupancy by the authority having 990 jurisdiction. 991 1.All newly leased spaces must be inspected and brought 992 into compliance with the Florida Building Code pursuant to 993 chapter 553 and the life safety codes pursuant to chapter 633, 994 prior to occupancy, using the boards operations budget or funds 995 derived from millage proceeds pursuant to s. 1011.71(2). 996 2.Plans for renovation or remodeling of leased space shall 997 conform to the Florida Building Code and the Florida Fire 998 Prevention Code for educational occupancies or other 999 occupancies, as appropriate and as required in chapters 553 and 1000 633, prior to occupancy. 1001 3.All leased facilities must be inspected annually for 1002 firesafety deficiencies in accordance with the applicable code 1003 and have corrections made in accordance with s. 1013.12. 1004 Operational funds or funds derived from millage proceeds 1005 pursuant to s. 1011.71(2) may be used to correct deficiencies in 1006 leased space. 1007 4.When the board declares that a public emergency exists, 1008 it may take up to 30 days to bring the leased facility into 1009 compliance with the requirements of State Board of Education 1010 rules. 1011 (b)A board is authorized to lease-purchase educational 1012 plants, ancillary plants, and auxiliary facilities and sites as 1013 defined in s. 1013.01, and a district school board is authorized 1014 to lease-purchase educational plants, ancillary plants, and 1015 auxiliary facilities and sites. The lease-purchase of 1016 educational plants, ancillary plants, and auxiliary facilities 1017 and sites must, where applicable, comply with shall be as 1018 required by s. 1013.37, subject to the authorization in s. 1019 1013.385 to exempt certain facilities from the requirements of 1020 that section; must shall be advertised for and receive 1021 competitive proposals and be awarded to the best proposer;, and 1022 must shall be funded using current or other funds specifically 1023 authorized by law to be used for such purpose. 1024 1.A district school board, by itself, or through a direct 1025 support organization formed pursuant to s. 1001.453 or nonprofit 1026 educational organization or a consortium of district school 1027 boards, may, in developing a lease-purchase of educational 1028 plants, ancillary plants, and auxiliary facilities and sites 1029 provide for separately advertising for and receiving competitive 1030 bids or proposals on the construction of facilities and the 1031 selection of financing to provide the lowest cost funding 1032 available, so long as the board determines that such process 1033 would best serve the public interest and the available pledged 1034 revenues are limited to those authorized in s. 1011.71(2) s. 1035 1011.71(2)(e). 1036 2.All activities and information, including lists of 1037 individual participants, associated with agreements made 1038 pursuant to this section shall be subject to the provisions of 1039 chapter 119 and s. 286.011. 1040 (c)1.The term of any lease-purchase agreement, including 1041 the initial term and any subsequent renewals, shall not exceed 1042 the useful life of the educational facilities and sites for 1043 which the agreement is made, or 30 years, whichever is less. 1044 2.The initial term or any renewal term of any lease 1045 purchase agreement shall expire on June 30 of each fiscal year, 1046 but may be automatically renewed annually, subject to a board 1047 making sufficient annual appropriations therefor. Under no 1048 circumstances shall the failure of a board to renew a lease 1049 purchase agreement constitute a default or require payment of 1050 any penalty or in any way limit the right of a board to purchase 1051 or utilize educational plants, ancillary plants, and auxiliary 1052 facilities and sites similar in function to the educational 1053 plants, ancillary plants, and auxiliary facilities and sites 1054 that are the subject of the said lease-purchase agreement. 1055 Educational plants, ancillary plants, and auxiliary facilities 1056 and sites being acquired pursuant to a lease-purchase agreement 1057 shall be exempt from ad valorem taxation. 1058 3.No lease-purchase agreement entered into pursuant to 1059 this subsection shall constitute a debt, liability, or 1060 obligation of the state or a board or shall be a pledge of the 1061 faith and credit of the state or a board. 1062 4.Any lease-purchase agreement entered into pursuant to 1063 this subsection shall stipulate an annual rate which may consist 1064 of a principal component and an interest component, provided 1065 that the maximum interest rate of any interest component payable 1066 under any such lease-purchase agreement, or any participation or 1067 certificated portion thereof, shall be calculated in accordance 1068 with and be governed by the provisions of s. 215.84. 1069 (3)Lease or lease-purchase agreements entered into by 1070 university boards of trustees shall comply with the provisions 1071 of ss. 1013.171 and 1010.62. 1072 (4)(a)A board may rent or lease existing buildings, or 1073 space within existing buildings, originally constructed or used 1074 for purposes other than education, for conversion to use as 1075 educational facilities. Such buildings rented or leased for 1 1076 year or less shall be funded through the operations budget or 1077 funds derived from millage pursuant to s. 1011.71(2). A rental 1078 agreement or lease contract for 1 year or less, when extended or 1079 renewed beyond a year, becomes a multiple-year rental or lease. 1080 Operational funds or funds derived from millage proceeds 1081 pursuant to s. 1011.71(2) may be authorized to be expended for 1082 multiple-year rentals or leases. Notwithstanding any other 1083 provisions of this section, if a building was constructed in 1084 conformance with all applicable building and life safety codes, 1085 it shall be deemed to meet the requirements for use and 1086 occupancy as an educational facility subject only to the 1087 provisions of this subsection. 1088 (b)Prior to occupying a rented or a leased existing 1089 building, or space within an existing building, pursuant to this 1090 subsection, a school board shall, in a public meeting, adopt a 1091 resolution certifying that the following circumstances apply to 1092 the building proposed for occupancy: 1093 1.Growth among the school-age population in the school 1094 district has created a need for new educational facilities in a 1095 neighborhood where there is little or no vacant land. 1096 2.There exists a supply of vacant space in existing 1097 buildings that meet state minimum building and life safety 1098 codes. 1099 3.Acquisition and conversion to use as educational 1100 facilities of an existing building or buildings is a cost-saving 1101 means of providing the needed classroom space as determined by 1102 the difference between the cost of new construction, including 1103 land acquisition and preparation and, if applicable, demolition 1104 of existing structures, and the cost of acquisition through 1105 rental or lease and conversion of an existing building or 1106 buildings. 1107 4.The building has been examined for suitability, safety, 1108 and conformance with state minimum building and life safety 1109 codes. The building examination shall consist, at a minimum, of 1110 a review of existing documents, building site reconnaissance, 1111 and analysis of the building conducted by, or under the 1112 responsible charge of, a licensed structural engineer. 1113 5.A certificate of evaluation has been issued by an 1114 appropriately licensed design professional which states that, 1115 based on available documents, building site reconnaissance, 1116 current knowledge, and design judgment in the professionals 1117 opinion, the building meets the requirements of state minimum 1118 building and life safety codes, provides safe egress of 1119 occupants from the building, provides adequate firesafety, and 1120 does not pose a substantial threat to life to persons who would 1121 occupy the building for classroom use. 1122 6.The plans for conversion of the building were prepared 1123 by an appropriate design professional licensed in this state and 1124 the work of conversion was performed by contractors licensed in 1125 this state. 1126 7.The conversion of the building was observed by an 1127 appropriate design professional licensed in this state. 1128 8.The building has been reviewed, inspected, and granted a 1129 certificate of occupancy by the local building department. 1130 9.All ceilings, light fixtures, ducts, and registers 1131 within the area to be occupied for classroom purposes were 1132 constructed or have been reconstructed to meet state minimum 1133 requirements. 1134 Section 30.Subsection (1) of section 1013.16, Florida 1135 Statutes, is amended to read: 1136 1013.16Construction of facilities on leased property; 1137 conditions. 1138 (1)A board may construct or place educational facilities 1139 and ancillary facilities on land that is owned by any person 1140 after the board has acquired from the owner of the land a long 1141 term lease for the use of this land for a period of not less 1142 than 40 years or the life expectancy of the permanent facilities 1143 constructed thereon, whichever is longer; however, the minimum 1144 lease term of 40 years does not apply to district school boards. 1145 Section 31.Section 1013.19, Florida Statutes, is amended 1146 to read: 1147 1013.19Purchase, conveyance, or encumbrance of property 1148 interests above surface of land; joint-occupancy structures.For 1149 the purpose of implementing jointly financed construction 1150 project agreements, or for the construction of combined 1151 occupancy structures, any board may purchase, own, convey, sell, 1152 lease, or encumber airspace or any other interests in property 1153 above the surface of the land, provided the lease of airspace 1154 for nonpublic use is for such reasonable rent, length of term, 1155 and conditions as the board in its discretion may determine. All 1156 proceeds from such sale or lease shall be used by a the board of 1157 trustees for a Florida College System institution or state 1158 university or boards receiving the proceeds solely for fixed 1159 capital outlay purposes. These purposes may include the 1160 renovation or remodeling of existing facilities owned by the 1161 board or the construction of new facilities; however, for a 1162 Florida College System institution board or university board, 1163 such new facility must be authorized by the Legislature. It is 1164 declared that the use of such rental by the board for public 1165 purposes in accordance with its statutory authority is a public 1166 use. Airspace or any other interest in property held by the 1167 Board of Trustees of the Internal Improvement Trust Fund or the 1168 State Board of Education may not be divested or conveyed without 1169 approval of the respective board. Any building, including any 1170 building or facility component that is common to both nonpublic 1171 and educational portions thereof, constructed in airspace that 1172 is sold or leased for nonpublic use pursuant to this section is 1173 subject to all applicable state, county, and municipal 1174 regulations pertaining to land use, zoning, construction of 1175 buildings, fire protection, health, and safety to the same 1176 extent and in the same manner as such regulations would be 1177 applicable to the construction of a building for nonpublic use 1178 on the appurtenant land beneath the subject airspace. Any 1179 educational facility constructed or leased as a part of a joint 1180 occupancy facility is subject to all rules and requirements of 1181 the respective boards or departments having jurisdiction over 1182 educational facilities. Any contract executed by a university 1183 board of trustees pursuant to this section is subject to the 1184 provisions of s. 1010.62. 1185 Section 32.Subsection (1) of section 1013.20, Florida 1186 Statutes, is amended to read: 1187 1013.20Standards for relocatables used as classroom space; 1188 inspections. 1189 (1)The State Board of Education shall adopt rules 1190 establishing standards for relocatables intended for long-term 1191 use as classroom space at a public elementary school, middle 1192 school, or high school. Long-term use means the use of 1193 relocatables at the same educational plant for a period of 4 1194 years or more. Each relocatable acquired by a district school 1195 board after the effective date of the rules and intended for 1196 long-term use must comply with the standards. District school 1197 boards shall submit a plan for the use of existing relocatables 1198 within the 5-year work program to be reviewed and approved by 1199 the commissioner by January 1, 2003. A progress report shall be 1200 provided by the commissioner to the Speaker of the House of 1201 Representatives and the President of the Senate each January 1202 thereafter. Relocatables that fail to meet the standards after 1203 completion of the approved plan may not be used as classrooms. 1204 The standards shall protect the health, safety, and welfare of 1205 occupants by requiring compliance with the Florida Building Code 1206 or the State Requirements for Educational Facilities for 1207 existing relocatables, as applicable, to ensure the safety and 1208 stability of construction and onsite installation; fire and 1209 moisture protection; air quality and ventilation; appropriate 1210 wind resistance; and compliance with the requirements of the 1211 Americans with Disabilities Act of 1990. If appropriate and 1212 where relocatables are not scheduled for replacement, the 1213 standards must also require relocatables to provide access to 1214 the same technologies available to similar classrooms within the 1215 main school facility and, if appropriate, and where relocatables 1216 are not scheduled for replacement, to be accessible by adequate 1217 covered walkways. A relocatable that is subject to this section 1218 and does not meet the standards shall not be reported as 1219 providing satisfactory student stations in the Florida Inventory 1220 of School Houses. 1221 Section 33.Section 1013.21, Florida Statutes, is repealed. 1222 Section 34.Paragraph (a) of subsection (2) of section 1223 1013.28, Florida Statutes, is amended to read: 1224 1013.28Disposal of property. 1225 (2)TANGIBLE PERSONAL PROPERTY. 1226 (a)Tangible personal property that has been properly 1227 classified as surplus by a district school board or Florida 1228 College System institution board of trustees shall be disposed 1229 of in accordance with the procedure established by chapter 274. 1230 However, the provisions of chapter 274 shall not be applicable 1231 to a motor vehicle used in driver education to which title is 1232 obtained for a token amount from an automobile dealer or 1233 manufacturer. In such cases, the disposal of the vehicle shall 1234 be as prescribed in the contractual agreement between the 1235 automotive agency or manufacturer and the board. Tangible 1236 personal property that has been properly classified as surplus, 1237 marked for disposal, or otherwise unused by a district school 1238 board shall be provided for a charter schools use on the same 1239 basis as it is made available to other public schools in the 1240 district. A charter school receiving tangible personal property 1241 that has been properly classified as surplus, marked for 1242 disposal, or otherwise unused by a district school board 1243 property from the school district may not sell or dispose of 1244 such property without the written permission of the school 1245 district. 1246 Section 35.Section 1013.31, Florida Statutes, is amended 1247 to read: 1248 1013.31Educational plant survey; localized need 1249 assessment; PECO project funding. 1250 (1)At least every 5 years, each Florida College System 1251 institution and state university board shall arrange for an 1252 educational plant survey, to aid in formulating plans for 1253 housing the educational program and student population, faculty, 1254 administrators, staff, and auxiliary and ancillary services of 1255 the district or campus, including consideration of the local 1256 comprehensive plan. The Department of Education shall document 1257 the need for additional career and adult education programs and 1258 the continuation of existing programs before facility 1259 construction or renovation related to career or adult education 1260 may be included in the educational plant survey of a school 1261 district or Florida College System institution that delivers 1262 career or adult education programs. Information used by the 1263 Department of Education to establish facility needs must 1264 include, but need not be limited to, labor market data, needs 1265 analysis, and information submitted by the school district or 1266 Florida College System institution. 1267 (a)Educational plant survey and localized need assessment 1268 for capital outlay purposes.A survey recommendation is not 1269 required when a district uses funds from the following sources 1270 for educational, auxiliary, and ancillary plant capital outlay 1271 purposes: 1272 1.The local capital outlay improvement fund, consisting of 1273 funds that come from and are a part of the districts basic 1274 operating budget; 1275 2.A taxpayer-approved bond referendum, to fund 1276 construction of an educational, auxiliary, or ancillary plant 1277 facility; 1278 3.One-half cent sales surtax revenue; 1279 4.One cent local governmental surtax revenue; 1280 5.Impact fees; 1281 6.Private gifts or donations; and 1282 7.The district school tax levied pursuant to s. 1283 1011.71(2). 1284 (b)Survey preparation and required data.Each survey must 1285 shall be conducted by the Florida College System institution or 1286 state university board or an agency employed by the board. 1287 Surveys must shall be reviewed and approved by the board, and a 1288 file copy must shall be submitted to the Department of Education 1289 or the Chancellor of the State University System, as 1290 appropriate. The survey report must shall include at least an 1291 inventory of existing educational and ancillary plants, 1292 including safe access facilities; recommendations for existing 1293 educational and ancillary plants; recommendations for new 1294 educational or ancillary plants, including the general location 1295 of each in coordination with the land use plan and safe access 1296 facilities; campus master plan update and detail for Florida 1297 College System institutions; the utilization of school plants 1298 based on an extended school day or year-round operation; and 1299 such other information as may be required by the Department of 1300 Education. This report may be amended, if conditions warrant, at 1301 the request of the department or commissioner. 1302 (b)(c)Required need assessment criteria for district, 1303 Florida College System institution, state university, and 1304 Florida School for the Deaf and the Blind plant surveys. 1305 Educational plant surveys must use uniform data sources and 1306 criteria specified in this paragraph. Each revised educational 1307 plant survey and each new educational plant survey supersedes 1308 previous surveys. 1309 1.The school districts survey must be submitted as a part 1310 of the district educational facilities plan defined in s. 1311 1013.35. To ensure that the data reported to the Department of 1312 Education as required by this section is correct, the department 1313 shall annually conduct an onsite review of 5 percent of the 1314 facilities reported for each school district completing a new 1315 survey that year. If the departments review finds the data 1316 reported by a district is less than 95 percent accurate, within 1317 1 year from the time of notification by the department the 1318 district must submit revised reports correcting its data. If a 1319 district fails to correct its reports, the commissioner may 1320 direct that future fixed capital outlay funds be withheld until 1321 such time as the district has corrected its reports so that they 1322 are not less than 95 percent accurate. 1323 2.Each survey of a special facility, joint-use facility, 1324 or cooperative career education facility must be based on 1325 capital outlay full-time equivalent student enrollment data 1326 prepared by the department for school districts and Florida 1327 College System institutions and by the Chancellor of the State 1328 University System for universities. A survey of space needs of a 1329 joint-use facility shall be based upon the respective space 1330 needs of the school districts, Florida College System 1331 institutions, and universities, as appropriate. Projections of a 1332 school districts facility space needs may not exceed the norm 1333 space and occupant design criteria established by the State 1334 Requirements for Educational Facilities. 1335 2.3.Each Florida College System institutions survey must 1336 reflect the capacity of existing facilities as specified in the 1337 inventory maintained by the Department of Education. Projections 1338 of facility space needs must comply with standards for 1339 determining space needs as specified by rule of the State Board 1340 of Education. The 5-year projection of capital outlay student 1341 enrollment must be consistent with the annual report of capital 1342 outlay full-time student enrollment prepared by the Department 1343 of Education. 1344 3.4.Each state universitys survey must reflect the 1345 capacity of existing facilities as specified in the inventory 1346 maintained and validated by the Chancellor of the State 1347 University System. Projections of facility space needs must be 1348 consistent with standards for determining space needs as 1349 specified by regulation of the Board of Governors. The projected 1350 capital outlay full-time equivalent student enrollment must be 1351 consistent with the 5-year planned enrollment cycle for the 1352 State University System approved by the Board of Governors. 1353 4.5.The district educational facilities plan of a school 1354 district and the educational plant survey of a Florida College 1355 System institution, state university, or the Florida School for 1356 the Deaf and the Blind may include space needs that deviate from 1357 approved standards for determining space needs if the deviation 1358 is justified by the district or institution and approved by the 1359 department or the Board of Governors, as appropriate, as 1360 necessary for the delivery of an approved educational program. 1361 (c)(d)Review and validation.The Department of Education 1362 shall review and validate the surveys of school districts and 1363 Florida College System institutions, and the Chancellor of the 1364 State University System shall review and validate the surveys of 1365 universities, and any amendments thereto for compliance with the 1366 requirements of this chapter and shall recommend those in 1367 compliance for approval by the State Board of Education or the 1368 Board of Governors, as appropriate. Annually, the department 1369 shall perform an in-depth analysis of a representative sample of 1370 each survey of recommended needs for five districts selected by 1371 the commissioner from among districts with the largest need-to 1372 revenue ratio. For the purpose of this subsection, the need-to 1373 revenue ratio is determined by dividing the total 5-year cost of 1374 projects listed on the district survey by the total 5-year fixed 1375 capital outlay revenue projections from state and local sources 1376 as determined by the department. The commissioner may condition 1377 the receipt of direct fixed capital outlay funds provided from 1378 general revenue or from state trust funds by district school 1379 boards to be withheld from districts until such time as the 1380 district school board submits a survey that accurately projects 1381 facilities needs as indicated by the Florida Inventory of School 1382 Houses, as compared with the districts capital outlay full-time 1383 equivalent enrollment, as determined by the department. 1384 (d)(e)Periodic update of Florida Inventory of School 1385 Houses.School districts shall periodically update their 1386 inventory of educational facilities as new capacity becomes 1387 available and as unsatisfactory space is eliminated. The State 1388 Board of Education shall adopt rules to determine the timeframe 1389 in which districts must provide a periodic update. 1390 (2)Only the district school superintendent, Florida 1391 College System institution president, or the university 1392 president shall certify to the Department of Education a 1393 projects compliance with the requirements for expenditure of 1394 PECO funds prior to release of funds. 1395 (a)Upon request for release of PECO funds for planning 1396 purposes, certification must be made to the Department of 1397 Education that the need for and location of the facility are in 1398 compliance with the board-approved survey recommendations, that 1399 the project meets the definition of a PECO project and the 1400 limiting criteria for expenditures of PECO funding, and that the 1401 plan is consistent with the local government comprehensive plan. 1402 (b)Upon request for release of construction funds, 1403 certification must be made to the Department of Education that 1404 the need and location of the facility are in compliance with the 1405 board-approved survey recommendations, that the project meets 1406 the definition of a PECO project and the limiting criteria for 1407 expenditures of PECO funding, and that the construction 1408 documents meet the requirements of the Florida Building Code for 1409 educational facilities construction, subject to the 1410 authorization in s. 1013.385 to exempt certain facilities from 1411 the requirements of s. 1013.37, or other applicable codes as 1412 authorized in this chapter. 1413 Section 36.Section 1013.35, Florida Statutes, is amended 1414 to read: 1415 1013.35School district educational facilities plan; 1416 definitions; preparation, adoption, and amendment; long-term 1417 work programs. 1418 (1)DEFINITIONS.As used in this section, the term: 1419 (a)Adopted educational facilities plan means the 1420 comprehensive planning document that is adopted annually by the 1421 district school board as provided in subsection (2) and that 1422 contains the educational plant survey. 1423 (b)District facilities work program means the 5-year 1424 listing of capital outlay projects adopted by the district 1425 school board as provided in subparagraph (2)(a)2. and paragraph 1426 (2)(b) as part of the district educational facilities plan, 1427 which is required in order to: 1428 1.Properly maintain the educational plant and ancillary 1429 facilities of the district. 1430 2.Provide an adequate number of satisfactory student 1431 stations for the projected student enrollment of the district in 1432 K-12 programs in accordance with the goal in s. 1013.21. 1433 (c)Tentative educational facilities plan means the 1434 comprehensive planning document prepared annually by the 1435 district school board and submitted to the Office of Educational 1436 Facilities and the affected general-purpose local governments. 1437 (2)PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 1438 FACILITIES PLAN. 1439 (a)Annually, before prior to the adoption of the district 1440 school budget, each district school board shall prepare a 1441 tentative district educational facilities plan that includes 1442 long-range planning for facilities needs over 5-year, 10-year, 1443 and 20-year periods. The plan must be developed in coordination 1444 with the general-purpose local governments and be consistent 1445 with the local government comprehensive plans. The school 1446 boards plan for provision of new schools must meet the needs of 1447 all growing communities in the district, ranging from small 1448 rural communities to large urban cities. The plan must include: 1449 1.Projected student populations apportioned geographically 1450 at the local level. The projections must be based on information 1451 produced by the demographic, revenue, and education estimating 1452 conferences pursuant to s. 216.136, where available, as modified 1453 by the district based on development data and agreement with the 1454 local governments and the Office of Educational Facilities. The 1455 projections must be apportioned geographically with assistance 1456 from the local governments using local development trend data 1457 and the school district student enrollment data. 1458 2.An inventory of existing school facilities. Any 1459 anticipated expansions or closures of existing school sites over 1460 the 5-year, 10-year, and 20-year periods must be identified. The 1461 inventory must include an assessment of areas proximate to 1462 existing schools and identification of the need for improvements 1463 to infrastructure, safety, including safe access routes, and 1464 conditions in the community. The plan must also provide a 1465 listing of major repairs and renovation projects anticipated 1466 over the period of the plan. 1467 3.Projections of facilities space needs, which may not 1468 exceed the norm space and occupant design criteria established 1469 in the State Requirements for Educational Facilities. 1470 4.Information on leased, loaned, and donated space and 1471 relocatables used for conducting the districts instructional 1472 programs. 1473 5.The general location of public schools proposed to be 1474 constructed over the 5-year, 10-year, and 20-year time periods, 1475 including a listing of the proposed schools site acreage needs 1476 and anticipated capacity and maps showing the general locations. 1477 The school boards identification of general locations of future 1478 school sites must be based on the school siting requirements of 1479 s. 163.3177(6)(a) and policies in the comprehensive plan which 1480 provide guidance for appropriate locations for school sites. 1481 6.The identification of options deemed reasonable and 1482 approved by the school board which reduce the need for 1483 additional permanent student stations. Such options may include, 1484 but need not be limited to: 1485 a.Acceptable capacity; 1486 b.Redistricting; 1487 c.Busing; 1488 d.Year-round schools; 1489 e.Charter schools; 1490 f.Magnet schools; and 1491 g.Public-private partnerships. 1492 7.The criteria and method, jointly determined by the local 1493 government and the school board, for determining the impact of 1494 proposed development to public school capacity. 1495 (b)The plan must also include a financially feasible 1496 district facilities work program for a 5-year period. The work 1497 program must include: 1498 1.A schedule of major repair and renovation projects 1499 necessary to maintain the educational facilities and ancillary 1500 facilities of the district. 1501 2.A schedule of capital outlay projects necessary to 1502 ensure the availability of satisfactory student stations for the 1503 projected student enrollment in K-12 programs. This schedule 1504 shall consider: 1505 a.The locations, capacities, and planned utilization rates 1506 of current educational facilities of the district. The capacity 1507 of existing satisfactory facilities, as reported in the Florida 1508 Inventory of School Houses must be compared to the capital 1509 outlay full-time-equivalent student enrollment as determined by 1510 the department, including all enrollment used in the calculation 1511 of the distribution formula in s. 1013.64. 1512 b.The proposed locations of planned facilities, whether 1513 those locations are consistent with the comprehensive plans of 1514 all affected local governments, and recommendations for 1515 infrastructure and other improvements to land adjacent to 1516 existing facilities. The provisions of ss. 1013.33(6), (7), and 1517 (8) and 1013.36 must be addressed for new facilities planned 1518 within the first 3 years of the work plan, as appropriate. 1519 c.Plans for the use and location of relocatable 1520 facilities, leased facilities, and charter school facilities. 1521 d.Plans for multitrack scheduling, grade level 1522 organization, block scheduling, or other alternatives that 1523 reduce the need for additional permanent student stations. 1524 e.Information concerning average class size and 1525 utilization rate by grade level within the district which will 1526 result if the tentative district facilities work program is 1527 fully implemented. 1528 f.The number and percentage of district students planned 1529 to be educated in relocatable facilities during each year of the 1530 tentative district facilities work program. For determining 1531 future needs, student capacity may not be assigned to any 1532 relocatable classroom that is scheduled for elimination or 1533 replacement with a permanent educational facility in the current 1534 year of the adopted district educational facilities plan and in 1535 the district facilities work program adopted under this section. 1536 Those relocatable classrooms clearly identified and scheduled 1537 for replacement in a school-board-adopted, financially feasible, 1538 5-year district facilities work program shall be counted at zero 1539 capacity at the time the work program is adopted and approved by 1540 the school board. However, if the district facilities work 1541 program is changed and the relocatable classrooms are not 1542 replaced as scheduled in the work program, the classrooms must 1543 be reentered into the system and be counted at actual capacity. 1544 Relocatable classrooms may not be perpetually added to the work 1545 program or continually extended for purposes of circumventing 1546 this section. All relocatable classrooms not identified and 1547 scheduled for replacement, including those owned, lease 1548 purchased, or leased by the school district, must be counted at 1549 actual student capacity. The district educational facilities 1550 plan must identify the number of relocatable student stations 1551 scheduled for replacement during the 5-year survey period and 1552 the total dollar amount needed for that replacement. 1553 g.Plans for the closure of any school, including plans for 1554 disposition of the facility or usage of facility space, and 1555 anticipated revenues. 1556 h.Projects for which capital outlay and debt service funds 1557 accruing under s. 9(d), Art. XII of the State Constitution are 1558 to be used shall be identified separately in priority order on a 1559 project priority list within the district facilities work 1560 program. 1561 3.The projected cost for each project identified in the 1562 district facilities work program. For proposed projects for new 1563 student stations, a schedule shall be prepared comparing the 1564 planned cost and square footage for each new student station, by 1565 elementary, middle, and high school levels, to the low, average, 1566 and high cost of facilities constructed throughout the state 1567 during the most recent fiscal year for which data is available 1568 from the Department of Education. 1569 4.A schedule of estimated capital outlay revenues from 1570 each currently approved source which is estimated to be 1571 available for expenditure on the projects included in the 1572 district facilities work program. 1573 5.A schedule indicating which projects included in the 1574 district facilities work program will be funded from current 1575 revenues projected in subparagraph 4. 1576 6.A schedule of options for the generation of additional 1577 revenues by the district for expenditure on projects identified 1578 in the district facilities work program which are not funded 1579 under subparagraph 5. Additional anticipated revenues may 1580 include Classrooms First funds. 1581 (c)To the extent available, the tentative district 1582 educational facilities plan shall be based on information 1583 produced by the demographic, revenue, and education estimating 1584 conferences pursuant to s. 216.136. 1585 (2)(d)Provision must shall be made for public comment 1586 concerning the tentative district educational facilities plan. 1587 (e)The district school board shall coordinate with each 1588 affected local government to ensure consistency between the 1589 tentative district educational facilities plan and the local 1590 government comprehensive plans of the affected local governments 1591 during the development of the tentative district educational 1592 facilities plan. 1593 (3)(f)Not less than once every 5 years, the district 1594 school board shall have an audit conducted of the districts 1595 educational planning and construction activities. An operational 1596 audit conducted by the Auditor General pursuant to s. 11.45 1597 satisfies this requirement. 1598 (4)(3)SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL 1599 FACILITIES PLAN TO LOCAL GOVERNMENT.The district school board 1600 shall submit a copy of its tentative district educational 1601 facilities plan to all affected local governments before prior 1602 to adoption by the board. The affected local governments may 1603 shall review the tentative district educational facilities plan 1604 and comment to the district school board on the consistency of 1605 the plan with the local comprehensive plan, whether a 1606 comprehensive plan amendment will be necessary for any proposed 1607 educational facility, and whether the local government supports 1608 a necessary comprehensive plan amendment. If the local 1609 government does not support a comprehensive plan amendment for a 1610 proposed educational facility, the matter must shall be resolved 1611 pursuant to the interlocal agreement when required by ss. 1612 163.3177(6)(h), 163.31777, and 1013.33(2). The process for the 1613 submittal and review must shall be detailed in the interlocal 1614 agreement when required pursuant to ss. 163.3177(6)(h), 1615 163.31777, and 1013.33(2). 1616 (5)(4)ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN. 1617 Annually, the district school board shall consider and adopt the 1618 tentative district educational facilities plan completed 1619 pursuant to subsection (2). Upon giving proper notice to the 1620 public and local governments and opportunity for public comment, 1621 the district school board may amend the plan to revise the 1622 priority of projects, to add or delete projects, to reflect the 1623 impact of change orders, or to reflect the approval of new 1624 revenue sources which may become available. The adopted district 1625 educational facilities plan must shall: 1626 (a)Be a complete, balanced, and financially feasible 1627 capital outlay financial plan for the district. 1628 (b)Set forth the proposed commitments and planned 1629 expenditures of the district to address the educational 1630 facilities needs of its students and to adequately provide for 1631 the maintenance of the educational plant and ancillary 1632 facilities, including safe access ways from neighborhoods to 1633 schools. 1634 (6)(5)EXECUTION OF ADOPTED DISTRICT EDUCATIONAL FACILITIES 1635 PLAN.The first year of the adopted district educational 1636 facilities plan constitutes shall constitute the capital outlay 1637 budget required in s. 1013.61. The adopted district educational 1638 facilities plan shall include the information required in 1639 subparagraphs (2)(b)1., 2., and 3., based upon projects actually 1640 funded in the plan. 1641 Section 37.Section 1013.356, Florida Statutes, is amended 1642 to read: 1643 1013.356Local funding for educational facilities benefit 1644 districts or community development districts.Upon confirmation 1645 by a district school board of the commitment of revenues by an 1646 educational facilities benefit district or community development 1647 district necessary to construct and maintain an educational 1648 facility contained within an individual district facilities work 1649 program or proposed by an approved charter school or a charter 1650 school applicant, the following funds shall be provided to the 1651 educational facilities benefit district or community development 1652 district annually, beginning with the next fiscal year after 1653 confirmation until the districts financial obligations are 1654 completed: 1655 (1)All educational facilities impact fee revenue collected 1656 for new development within the educational facilities benefit 1657 district or community development district. Funds provided under 1658 this subsection shall be used to fund the construction and 1659 capital maintenance costs of educational facilities. 1660 (2)For construction and capital maintenance costs not 1661 covered by the funds provided under subsection (1), an annual 1662 amount contributed by the district school board equal to one 1663 half of the remaining costs of construction and capital 1664 maintenance of the educational facility. Any construction costs 1665 above the cost-per-student criteria established in s. 1666 1013.64(6)(b)1. shall be funded exclusively by the educational 1667 facilities benefit district or the community development 1668 district. Funds contributed by a district school board shall not 1669 be used to fund operational costs. 1670 1671 Educational facilities funded pursuant to this act may be 1672 constructed on land that is owned by any person after the 1673 district school board has acquired from the owner of the land a 1674 long-term lease for the use of this land for a period of not 1675 less than 40 years or the life expectancy of the permanent 1676 facilities constructed thereon, whichever is longer. All 1677 interlocal agreements entered into pursuant to this act must 1678 shall provide for ownership of educational facilities funded 1679 pursuant to this act to revert to the district school board if 1680 such facilities cease to be used for public educational purposes 1681 before prior to 40 years after construction or prior to the end 1682 of the life expectancy of the educational facilities, whichever 1683 is longer. 1684 Section 38.Section 1013.385, Florida Statutes, is amended 1685 to read: 1686 1013.385School district construction flexibility. 1687 (1)A district school board may, with a majority vote at a 1688 public meeting that begins no earlier than 5 p.m., adopt a 1689 resolution to implement one or more of the exceptions to the 1690 educational facilities construction requirements to provide a 1691 school with provided in this section. 1692 (2)A resolution adopted under this section may propose 1693 implementation of exceptions to requirements of the uniform 1694 statewide building code for the planning and construction of 1695 public educational and ancillary plants adopted pursuant to ss. 1696 553.73 and 1013.37 relating to: 1697 (a)Interior non-load-bearing walls, by approving the use 1698 of fire-rated wood stud walls in new construction or remodeling 1699 for interior non-load-bearing wall assemblies that will not be 1700 exposed to water or located in wet areas. 1701 (b)Walkways, roadways, driveways, and parking areas, by 1702 approving the use of designated, stabilized, and well-drained 1703 gravel or grassed student parking areas. 1704 (c)Standards for relocatables used as classroom space, as 1705 specified in s. 1013.20, by approving construction 1706 specifications for installation of relocatable buildings that do 1707 not have covered walkways leading to the permanent buildings 1708 onsite. 1709 (d)Site lighting, by approving construction specifications 1710 regarding site lighting that: 1711 1.Do not provide for lighting of gravel or grassed 1712 auxiliary or student parking areas. 1713 2.Provide lighting for walkways, roadways, driveways, 1714 paved parking lots, exterior stairs, ramps, and walkways from 1715 the exterior of the building to a public walkway through 1716 installation of a timer that is set to provide lighting only 1717 during periods when the site is occupied. 1718 3.Allow lighting for building entrances and exits to be 1719 installed with a timer that is set to provide lighting only 1720 during periods in which the building is occupied. The minimum 1721 illumination level at single-door exits may be reduced to no 1722 less than 1 foot-candle. 1723 (e)Any other provisions that limit the ability of a school 1724 to operate in a facility on the same basis as a charter school 1725 pursuant to s. 1002.33(18). When a hurricane evacuation shelter 1726 deficit, as determined by the Division of Emergency Management, 1727 in the regional planning council region in which the county is 1728 located makes public shelter design criteria applicable, any 1729 exceptions to the public shelter design criteria remain subject 1730 to the concurrence of the applicable local emergency management 1731 agency or the Division of Emergency Management so long as the 1732 regional planning council determines that there is sufficient 1733 shelter capacity within the school district as documented in the 1734 Statewide Emergency Shelter Plan. A school board may not be 1735 required to build more emergency-shelter space than identified 1736 as needed in the Statewide Emergency Shelter Plan. 1737 Section 39.Subsections (3) and (4) of section 1013.41, 1738 Florida Statutes, are amended to read: 1739 1013.41SMART schools; Classrooms First; legislative 1740 purpose. 1741 (3)SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.It is the 1742 purpose of the Legislature to create s. 1013.35, requiring each 1743 school district annually to adopt an educational facilities plan 1744 that provides an integrated long-range facilities plan, 1745 including the survey of projected needs and the 5-year work 1746 program. The purpose of the educational facilities plan is to 1747 keep the district school board, local governments, and the 1748 public fully informed as to whether the district is using sound 1749 policies and practices that meet the essential needs of students 1750 and that warrant public confidence in district operations. The 1751 educational facilities plan will be monitored by the Office of 1752 Educational Facilities, which will also apply performance 1753 standards pursuant to s. 1013.04. 1754 (4)OFFICE OF EDUCATIONAL FACILITIES.It is the purpose of 1755 the Legislature to require the Office of Educational Facilities 1756 to assist school districts in building SMART schools utilizing 1757 functional and frugal practices. The Office of Educational 1758 Facilities shall must review district facilities work programs 1759 and projects and identify opportunities to maximize design and 1760 construction savings; develop school district facilities work 1761 program performance standards; and provide for review and 1762 recommendations to the Governor, the Legislature, and the State 1763 Board of Education. 1764 Section 40.Paragraph (e) of subsection (1) and subsection 1765 (4) of section 1013.45, Florida Statutes, are amended to read: 1766 1013.45Educational facilities contracting and construction 1767 techniques for school districts and Florida College System 1768 institutions. 1769 (1)District school boards and boards of trustees of 1770 Florida College System institutions may employ procedures to 1771 contract for construction of new facilities, or for additions, 1772 remodeling, renovation, maintenance, or repairs to existing 1773 facilities, which include, but are not limited to: 1774 (e)Day-labor contracts not exceeding $280,000 for 1775 construction, renovation, remodeling, or maintenance of existing 1776 facilities. This amount shall be adjusted annually based upon 1777 changes in the Consumer Price Index. District school boards are 1778 exempt from the contract limitations provided in this paragraph. 1779 (4)Except as otherwise provided in this section and s. 1780 481.229, the services of a registered architect must be used by 1781 Florida College System institution and state university boards 1782 of trustees for the development of plans for the erection, 1783 enlargement, or alteration of any educational facility. The 1784 services of a registered architect are not required for a minor 1785 renovation project for which the construction cost is less than 1786 $50,000 or for the placement or hookup of relocatable 1787 educational facilities that conform to standards adopted under 1788 s. 1013.37. However, boards must provide compliance with 1789 building code requirements and ensure that these structures are 1790 adequately anchored for wind resistance as required by law. A 1791 district school board shall reuse existing construction 1792 documents or design criteria packages if such reuse is feasible 1793 and practical. If a school districts 5-year educational 1794 facilities work plan includes the construction of two or more 1795 new schools for students in the same grade group and program, 1796 such as elementary, middle, or high school, the district school 1797 board must require that prototype design and construction be 1798 used for the construction of these schools. Notwithstanding s. 1799 287.055, a board may purchase the architectural services for the 1800 design of educational or ancillary facilities under an existing 1801 contract agreement for professional services held by a district 1802 school board in the State of Florida, provided that the purchase 1803 is to the economic advantage of the purchasing board, the 1804 services conform to the standards prescribed by rules of the 1805 State Board of Education, and such reuse is not without notice 1806 to, and permission from, the architect of record whose plans or 1807 design criteria are being reused. Plans must be reviewed for 1808 compliance with the State Requirements for Educational 1809 Facilities. Rules adopted under this section must establish 1810 uniform prequalification, selection, bidding, and negotiation 1811 procedures applicable to construction management contracts and 1812 the design-build process. This section does not supersede any 1813 small, woman-owned, or minority-owned business enterprise 1814 preference program adopted by a board. Except as otherwise 1815 provided in this section, the negotiation procedures applicable 1816 to construction management contracts and the design-build 1817 process must conform to the requirements of s. 287.055. A board 1818 may not modify any rules regarding construction management 1819 contracts or the design-build process. 1820 Section 41.Section 1013.48, Florida Statutes, is amended 1821 to read: 1822 1013.48Changes in construction requirements after award of 1823 contract.The board may, at its option and by written policy 1824 duly adopted and entered in its official minutes, authorize the 1825 superintendent or president or other designated individual to 1826 approve change orders in the name of the board for 1827 preestablished amounts. Approvals must shall be for the purpose 1828 of expediting the work in progress and must shall be reported to 1829 the board and entered in its official minutes. For 1830 accountability, the school district shall monitor and report the 1831 impact of change orders on its district educational facilities 1832 plan pursuant to s. 1013.35. 1833 Section 42.Section 1013.64, Florida Statutes, is amended 1834 to read: 1835 1013.64Funds for comprehensive educational plant needs; 1836 construction cost maximums for school district capital 1837 projects.Allocations from the Public Education Capital Outlay 1838 and Debt Service Trust Fund to the various boards for capital 1839 outlay projects must shall be determined as follows: 1840 (1)(a)Funds for remodeling, renovation, maintenance, 1841 repairs, and site improvement for existing satisfactory 1842 facilities shall be given priority consideration by the 1843 Legislature for appropriations allocated to the boards from the 1844 total amount of the Public Education Capital Outlay and Debt 1845 Service Trust Fund appropriated. These funds shall be calculated 1846 pursuant to the following basic formula: the building value 1847 times the building age over the sum of the years digits 1848 assuming a 50-year building life. For modular noncombustible 1849 facilities, a 35-year life shall be used, and for relocatable 1850 facilities, a 20-year life shall be used. Building value is 1851 calculated by multiplying each buildings total assignable 1852 square feet times the appropriate net-to-gross conversion rate 1853 found in state board rules and that product times the current 1854 average new construction cost. Building age is calculated by 1855 multiplying the prior years building age times 1 minus the 1856 prior years sum received from this subsection divided by the 1857 prior years building value. To the net result shall be added 1858 the number 1. Each board shall receive the percentage generated 1859 by the preceding formula of the total amount appropriated for 1860 the purposes of this section. 1861 (b)Each board is prohibited from using the funds received 1862 pursuant to this section to supplant funds in the current fiscal 1863 year approved operating budget, and all budgeted funds shall be 1864 expended at a rate not less than would have been expended had 1865 the funds under this section not been received. 1866 (c)Each remodeling, renovation, maintenance, repair, or 1867 site improvement project will expand or upgrade current 1868 educational plants to prolong the useful life of the plant. 1869 (d)Each board shall maintain fund accounting in a manner 1870 which will permit a detailed audit of the funds expended in this 1871 program. 1872 (e)Remodeling projects must shall be based on the 1873 recommendations of a survey pursuant to s. 1013.31, or, for 1874 district school boards, as indicated by the relative need as 1875 determined by the Florida Inventory of School Houses and the 1876 capital outlay full-time equivalent enrollment in the district. 1877 (f)At least one-tenth of a Florida College System 1878 institutions or state universitys board of trustees boards 1879 annual allocation provided under this section must shall be 1880 spent to correct unsafe, unhealthy, or unsanitary conditions in 1881 its educational facilities, as required by s. 1013.12, or a 1882 lesser amount sufficient to correct all deficiencies cited in 1883 its annual comprehensive safety inspection reports. This 1884 paragraph must shall not be construed to limit the amount a 1885 board may expend to correct such deficiencies. 1886 (g)When an existing educational plant is determined to be 1887 unsatisfactory pursuant to the survey conducted under s. 1888 1013.31, the board may, by resolution, designate the plant as a 1889 historic educational facility and may use funds generated for 1890 renovation and remodeling pursuant to this section to restore 1891 the facility for use by the board. The board shall agree to pay 1892 renovation and remodeling costs in excess of funds which such 1893 facility would have generated through the depreciation formula 1894 in paragraph (a) had the facility been determined to be 1895 satisfactory. The board shall further agree that the plant shall 1896 continue to house students. The board may designate a plant as a 1897 historic educational facility only if the Division of Historical 1898 Resources of the Department of State or the appropriate historic 1899 preservation board under chapter 266 certifies that: 1900 1.The plant is listed or determined eligible for listing 1901 in the National Register of Historic Places pursuant to the 1902 National Historic Preservation Act of 1966, as amended, 16 1903 U.S.C. s. 470; 1904 2.The plant is designated historic within a certified 1905 local district pursuant to s. 48(g)(3)(B)(ii) of the Internal 1906 Revenue Code; or 1907 3.The division or historic preservation board otherwise 1908 finds that the plant is historically significant. 1909 (h)University boards of trustees may utilize funds 1910 appropriated pursuant to this section for replacement of minor 1911 facilities. Minor facilities may not be replaced from funds 1912 provided pursuant to this section unless the board determines 1913 that the cost of repair or renovation is greater than or equal 1914 to the cost of replacement. 1915 (2)(a)The department shall establish, as a part of the 1916 Public Education Capital Outlay and Debt Service Trust Fund, a 1917 separate account, in an amount determined by the Legislature, to 1918 be known as the Special Facility Construction Account. The 1919 Special Facility Construction Account shall be used to provide 1920 necessary construction funds to school districts which have 1921 urgent construction needs but which lack sufficient resources at 1922 present, and cannot reasonably anticipate sufficient resources 1923 within the period of the next 3 years, for these purposes from 1924 currently authorized sources of capital outlay revenue. A school 1925 district requesting funding from the Special Facility 1926 Construction Account shall submit one specific construction 1927 project, not to exceed one complete educational plant, to the 1928 Special Facility Construction Committee. A district may not 1929 receive funding for more than one approved project in any 3-year 1930 period or while any portion of the districts participation 1931 requirement is outstanding. The first year of the 3-year period 1932 shall be the first year a district receives an appropriation. 1933 During the 2019-2020 school year, a school district that 1934 sustained hurricane damage in the 2018-2019 school year may 1935 request funding from the Special Facility Construction Account 1936 for a new project before the completion of the districts 1937 participation requirement for an outstanding project. The 1938 department shall encourage a construction program that reduces 1939 the average size of schools in the district. The request must 1940 meet the following criteria to be considered by the committee: 1941 1.The project must be deemed a critical need and must be 1942 recommended for funding by the Special Facility Construction 1943 Committee. Before developing construction plans for the proposed 1944 facility, the district school board must request a 1945 preapplication review by the Special Facility Construction 1946 Committee or a project review subcommittee convened by the chair 1947 of the committee to include two representatives of the 1948 department and two staff members from school districts not 1949 eligible to participate in the program. A school district may 1950 request a preapplication review at any time; however, if the 1951 district school board seeks inclusion in the departments next 1952 annual capital outlay legislative budget request, the 1953 preapplication review request must be made before February 1. 1954 Within 90 days after receiving the preapplication review 1955 request, the committee or subcommittee must meet in the school 1956 district to review the project proposal and existing facilities. 1957 To determine whether the proposed project is a critical need, 1958 the committee or subcommittee shall consider, at a minimum, the 1959 capacity of all existing facilities within the district as 1960 determined by the Florida Inventory of School Houses; the 1961 districts pattern of student growth; the districts existing 1962 and projected capital outlay full-time equivalent student 1963 enrollment as determined by the demographic, revenue, and 1964 education estimating conferences established in s. 216.136; the 1965 districts existing satisfactory student stations; the use of 1966 all existing district property and facilities; grade level 1967 configurations; and any other information that may affect the 1968 need for the proposed project. 1969 2.The construction project must be recommended in the most 1970 recent survey or survey amendment cooperatively prepared by the 1971 district school board and the department, and approved by the 1972 department under the rules of the State Board of Education. If a 1973 district school board employs a consultant in the preparation of 1974 a survey or survey amendment, the consultant may not be employed 1975 by or receive compensation from a third party that designs or 1976 constructs a project recommended by the survey. 1977 3.The construction project must appear on the districts 1978 approved project priority list under the rules of the State 1979 Board of Education. 1980 4.The district school board must have selected and had 1981 approved a site for the construction project in compliance with 1982 s. 1013.36 and the rules of the State Board of Education. 1983 5.The district school board shall have developed a 1984 district school board adopted list of facilities that do not 1985 exceed the norm for net square feet occupancy requirements under 1986 the State Requirements for Educational Facilities, using all 1987 possible programmatic combinations for multiple use of space to 1988 obtain maximum daily use of all spaces within the facility under 1989 consideration. 1990 6.Upon construction, the total cost per student station, 1991 including change orders, must not exceed the cost per student 1992 station as provided in subsection (6) unless approved by the 1993 Special Facility Construction Committee. At the discretion of 1994 the committee, costs that exceed the cost per student station 1995 for special facilities may include legal and administrative 1996 fees, the cost of site improvements or related offsite 1997 improvements, the cost of complying with public shelter and 1998 hurricane hardening requirements, cost overruns created by a 1999 disaster as defined in s. 252.34(2), costs of security 2000 enhancements approved by the school safety specialist, and 2001 unforeseeable circumstances beyond the districts control. 2002 7.There shall be an agreement signed by the district 2003 school board stating that it will advertise for bids within 30 2004 days of receipt of its encumbrance authorization from the 2005 department. 2006 7.8.For construction projects for which Special Facilities 2007 Construction Account funding is sought before the 2019-2020 2008 fiscal year, the district shall, at the time of the request and 2009 for a continuing period necessary to meet the districts 2010 participation requirement, levy the maximum millage against its 2011 nonexempt assessed property value as allowed in s. 1011.71(2) or 2012 shall raise an equivalent amount of revenue from the school 2013 capital outlay surtax authorized under s. 212.055(6). Beginning 2014 with construction projects for which Special Facilities 2015 Construction Account funding is sought in the 2019-2020 fiscal 2016 year, the district shall, for a minimum of 3 years before 2017 submitting the request and for a continuing period necessary to 2018 meet its participation requirement, levy the maximum millage 2019 against the districts nonexempt assessed property value as 2020 authorized under s. 1011.71(2) or shall raise an equivalent 2021 amount of revenue from the school capital outlay surtax 2022 authorized under s. 212.055(6). Any district with a new or 2023 active project, funded under the provisions of this subsection, 2024 shall be required to budget no more than the value of 1 mill per 2025 year to the project until the districts participation 2026 requirement relating to the local discretionary capital 2027 improvement millage or the equivalent amount of revenue from the 2028 school capital outlay surtax is satisfied. 2029 8.9.If a contract has not been signed 90 days after the 2030 advertising of bids, the funding for the specific project shall 2031 revert to the Special Facility New Construction Account to be 2032 reallocated to other projects on the list. However, an 2033 additional 90 days may be granted by the commissioner. 2034 9.10.The department shall certify the inability of the 2035 district to fund the survey-recommended project over a 2036 continuous 3-year period using projected capital outlay revenue 2037 derived from s. 9(d), Art. XII of the State Constitution, as 2038 amended, paragraph (3)(a) of this section, and s. 1011.71(2). 2039 10.11.The district shall have on file with the department 2040 an adopted resolution acknowledging its commitment to satisfy 2041 its participation requirement, which is equivalent to all 2042 unencumbered and future revenue acquired from s. 9(d), Art. XII 2043 of the State Constitution, as amended, paragraph (3)(a) of this 2044 section, and s. 1011.71(2), in the year of the initial 2045 appropriation and for the 2 years immediately following the 2046 initial appropriation. 2047 11.12.Phase I plans must be approved by the district 2048 school board as being in compliance with the building and life 2049 safety codes before June 1 of the year the application is made. 2050 (b)The Special Facility Construction Committee shall be 2051 composed of the following: two representatives of the Department 2052 of Education, a representative from the Governors office, a 2053 representative selected annually by the district school boards, 2054 and a representative selected annually by the superintendents. A 2055 representative of the department shall chair the committee. 2056 (c)The committee shall review the requests submitted from 2057 the districts, evaluate the ability of the project to relieve 2058 critical needs, and rank the requests in priority order. This 2059 statewide priority list for special facilities construction 2060 shall be submitted to the Legislature in the commissioners 2061 annual capital outlay legislative budget request at least 45 2062 days prior to the legislative session. 2063 (3)(a)Each district school board shall receive an amount 2064 from the Public Education Capital Outlay and Debt Service Trust 2065 Fund to be calculated by computing the capital outlay membership 2066 as determined by the department. Such membership must include, 2067 but is not limited to, prekindergarten through grade 12 students 2068 whose instruction is funded by the Florida Education Finance 2069 Program and for whom the school district provides the 2070 educational facility. 2071 (b)The capital outlay full-time equivalent membership 2072 shall be determined by counting the reported unweighted full 2073 time equivalent student membership for the second and third 2074 surveys with each survey limited to 0.5 full-time equivalent 2075 student membership per student and comparing the results on a 2076 school-by-school basis with the Florida Inventory of School 2077 Houses. 2078 (c)The capital outlay full-time equivalent membership by 2079 grade level organization shall be used in making calculations. 2080 The capital outlay membership by grade level organization for 2081 the 4th prior year must be used to compute the base-year 2082 allocation. The capital outlay full-time equivalent membership 2083 by grade-level organization for the prior year must be used to 2084 compute the growth over the highest of the 3 years preceding the 2085 prior year. From the total amount appropriated by the 2086 Legislature pursuant to this subsection, 40 percent shall be 2087 allocated among the base capital outlay full-time equivalent 2088 membership and 60 percent among the growth capital outlay full 2089 time equivalent membership. The allocation within each of these 2090 groups shall be prorated to the districts based upon each 2091 districts percentage of base and growth capital outlay full 2092 time equivalent membership. The most recent 4-year capital 2093 outlay full-time equivalent membership data shall be used in 2094 each subsequent years calculation for the allocation of funds 2095 pursuant to this subsection. If a change, correction, or 2096 recomputation of data during any year results in a reduction or 2097 increase of the calculated amount previously allocated to a 2098 district, the allocation to that district shall be adjusted 2099 accordingly. If such recomputation results in an increase or 2100 decrease of the calculated amount, such additional or reduced 2101 amounts shall be added to or reduced from the districts future 2102 appropriations. However, no change, correction, or recomputation 2103 of data shall be made subsequent to 2 years following the 2104 initial annual allocation. 2105 (d)Funds accruing to a district school board from the 2106 provisions of this section shall be expended on needed projects 2107 as shown by survey or surveys under the rules of the State Board 2108 of Education. 2109 (e)A district school board may lease relocatable 2110 educational facilities for up to 3 years using nonbonded PECO 2111 funds and for any time period using local capital outlay 2112 millage. 2113 (f)Funds distributed to the district school boards shall 2114 be allocated solely based on the provisions of paragraphs (1)(a) 2115 and (2)(a) and paragraphs (a)-(c) of this subsection. No 2116 individual school district projects shall be funded off the top 2117 of funds allocated to district school boards. 2118 (4)(a)Florida College System institution boards of 2119 trustees and university boards of trustees shall receive funds 2120 for projects based on a 3-year priority list, to be updated 2121 annually, which is submitted to the Legislature in the 2122 legislative budget request at least 90 days prior to the 2123 legislative session. The State Board of Education shall submit a 2124 3-year priority list for Florida College System institutions, 2125 and the Board of Governors shall submit a 3-year priority list 2126 for universities. The lists shall reflect decisions by the State 2127 Board of Education for Florida College System institutions and 2128 the Board of Governors for state universities concerning program 2129 priorities that implement the statewide plan for program growth 2130 and quality improvement in education. No remodeling or 2131 renovation project shall be included on the 3-year priority list 2132 unless the project has been recommended pursuant to s. 1013.31 2133 or is for the purpose of correcting health and safety 2134 deficiencies. No new construction project shall be included on 2135 the first year of the 3-year priority list unless the 2136 educational specifications have been approved by the 2137 commissioner for a Florida College System institution project or 2138 by the Board of Governors for a university project, as 2139 applicable. The funds requested for a new construction project 2140 in the first year of the 3-year priority list shall be in 2141 conformance with the scope of the project as defined in the 2142 educational specifications. Any new construction project 2143 requested in the first year of the 3-year priority list which is 2144 not funded by the Legislature shall be carried forward to be 2145 listed first in developing the updated 3-year priority list for 2146 the subsequent years capital outlay budget. Should the order of 2147 the priority of the projects change from year to year, a 2148 justification for such change shall be included with the updated 2149 priority list. 2150 (b)Florida College System institution boards of trustees 2151 and university boards of trustees may lease relocatable 2152 educational facilities for up to 3 years using nonbonded PECO 2153 funds. 2154 (c)Florida College System institution boards of trustees 2155 and university boards of trustees shall receive funds for 2156 remodeling, renovation, maintenance and repairs, and site 2157 improvement for existing satisfactory facilities pursuant to 2158 subsection (1). 2159 (5)District school boards shall identify each fund source 2160 and the use of each proportionate to the project cost, as 2161 identified in the bid document, to assure compliance with this 2162 section. The data shall be submitted to the department, which 2163 shall track this information as submitted by the boards. PECO 2164 funds shall not be expended as indicated in the following: 2165 (a)District school boards shall provide landscaping by 2166 local funding sources or initiatives. District school boards are 2167 exempt from local landscape ordinances but may comply with the 2168 local requirements if such compliance is less costly than 2169 compliance with the landscape requirements of the Florida 2170 Building Code for public educational facilities. 2171 (b)PECO funds shall not be used for the construction of 2172 football fields, bleachers, site lighting for athletic 2173 facilities, tennis courts, stadiums, racquetball courts, or any 2174 other competition-type facilities not required for physical 2175 education curriculum. Regional or intradistrict football 2176 stadiums may be constructed with these funds provided a minimum 2177 of two high schools and two middle schools are assigned to the 2178 facility and the stadiums are survey recommended. Sophisticated 2179 auditoria shall be limited to magnet performing arts schools, 2180 with all other schools using basic lighting and sound systems as 2181 determined by rule. Local funds shall be used for enhancement of 2182 athletic and performing arts facilities. 2183 (6)(a)Each district school board must meet all educational 2184 plant space needs of its elementary, middle, and high schools 2185 before spending funds from the Public Education Capital Outlay 2186 and Debt Service Trust Fund or the School District and Community 2187 College District Capital Outlay and Debt Service Trust Fund for 2188 any ancillary plant or any other new construction, renovation, 2189 or remodeling of ancillary space. Expenditures to meet such 2190 space needs may include expenditures for site acquisition; new 2191 construction of educational plants; renovation, remodeling, and 2192 maintenance and repair of existing educational plants, including 2193 auxiliary facilities; and the directly related costs of such 2194 services of school district personnel. It is not the intent of 2195 the Legislature to preclude the use of capital outlay funding 2196 for the labor costs necessary to accomplish the authorized uses 2197 for the capital outlay funding. Day-labor contracts or any other 2198 educational facilities contracting and construction techniques 2199 pursuant to s. 1013.45 are authorized. Additionally, if a school 2200 district has salaried maintenance staff whose duties consist 2201 solely of performing the labor necessary to accomplish the 2202 authorized uses for the capital outlay funding, such funding may 2203 be used for those salaries; however, if a school district has 2204 salaried staff whose duties consist partially of performing the 2205 labor necessary to accomplish the authorized uses for the 2206 capital outlay funding, the district shall prorate the portion 2207 of salary of each such employee that is based on labor for 2208 authorized capital outlay funding, and such funding may be used 2209 to pay that portion. 2210 (b)1.A district school board may not use funds from the 2211 following sources: Public Education Capital Outlay and Debt 2212 Service Trust Fund; School District and Community College 2213 District Capital Outlay and Debt Service Trust Fund; Classrooms 2214 First Program funds provided in s. 1013.68; nonvoted 1.5-mill 2215 levy of ad valorem property taxes provided in s. 1011.71(2); 2216 Classrooms for Kids Program funds provided in s. 1013.735; 2217 District Effort Recognition Program funds provided in s. 2218 1013.736; or High Growth District Capital Outlay Assistance 2219 Grant Program funds provided in s. 1013.738 to pay for any 2220 portion of the cost of any new construction of educational plant 2221 space with a total cost per student station, including change 2222 orders, which exceeds: 2223 a.$17,952 for an elementary school; 2224 b.$19,386 for a middle school; or 2225 c.$25,181 for a high school, 2226 2227 (January 2006) as adjusted annually to reflect increases or 2228 decreases in the Consumer Price Index. The department, in 2229 conjunction with the Office of Economic and Demographic 2230 Research, shall estimate review and adjust the cost per student 2231 station limits to reflect actual construction costs by January 2232 1, 2020, and annually thereafter. The adjusted cost per student 2233 station shall be used by the department for computation of the 2234 statewide average costs per student station for each 2235 instructional level pursuant to paragraph (d). The department 2236 may shall also collaborate with the Office of Economic and 2237 Demographic Research to select an industry-recognized 2238 construction index to reflect annual changes in the cost per 2239 student station replace the Consumer Price Index by January 1, 2240 2020, adjusted annually to reflect changes in the construction 2241 index. 2242 2.District school boards School districts shall maintain 2243 accurate documentation related to the costs of all new 2244 construction of educational plant space reported to the 2245 Department of Education pursuant to paragraph (c) (d). The 2246 Auditor General shall review the documentation maintained by the 2247 school districts and verify compliance with the limits under 2248 this paragraph during its scheduled operational audits of the 2249 school district. 2250 3.Except for educational facilities and sites subject to a 2251 lease-purchase agreement entered pursuant to s. 1011.71(2)(e) or 2252 funded solely through local impact fees, in addition to the 2253 funding sources listed in subparagraph 1., a district school 2254 board may not use funds from any sources for new construction of 2255 educational plant space with a total cost per student station, 2256 including change orders, which equals more than the current 2257 adjusted amounts provided in sub-subparagraphs 1.a.-c. However, 2258 if a contract has been executed for architectural and design 2259 services or for construction management services before July 1, 2260 2017, a district school board may use funds from any source for 2261 the new construction of educational plant space and such funds 2262 are exempt from the total cost per student station requirements. 2263 4.A district school board must not use funds from the 2264 Public Education Capital Outlay and Debt Service Trust Fund or 2265 the School District and Community College District Capital 2266 Outlay and Debt Service Trust Fund for any new construction of 2267 an ancillary plant that exceeds 70 percent of the average cost 2268 per square foot of new construction for all schools. 2269 (c)Except as otherwise provided, new construction for 2270 which a contract has been executed for architectural and design 2271 services or for construction management services by a district 2272 school board on or after July 1, 2017, may not exceed the cost 2273 per student station as provided in paragraph (b). 2274 (d)The department shall: 2275 1.Compute for each calendar year the statewide average 2276 construction costs for facilities serving each instructional 2277 level, for relocatable educational facilities, for 2278 administrative facilities, and for other ancillary and auxiliary 2279 facilities. The department shall compute the statewide average 2280 costs per student station for each instructional level. 2281 2.Annually review the actual completed construction costs 2282 of educational facilities in each school district. For any 2283 school district in which the total actual cost per student 2284 station, including change orders, exceeds the statewide limits 2285 established in paragraph (b), the school district shall report 2286 to the department the actual cost per student station and the 2287 reason for the school districts inability to adhere to the 2288 limits established in paragraph (b). The department shall 2289 collect all such reports and shall provide these reports to the 2290 Auditor General for verification purposes. 2291 2292 Cost per student station includes contract costs, fees of 2293 architects and engineers, and the cost of furniture and 2294 equipment. Cost per student station does not include the cost of 2295 purchasing or leasing the site for the construction, legal and 2296 administrative costs, or the cost of related site or offsite 2297 improvements. Cost per student station also does not include the 2298 cost for securing entries, checkpoint construction, lighting 2299 specifically designed for entry point security, security 2300 cameras, automatic locks and locking devices, electronic 2301 security systems, fencing designed to prevent intruder entry 2302 into a building, bullet-proof glass, or other capital 2303 construction items approved by the school safety specialist to 2304 ensure building security for new educational, auxiliary, or 2305 ancillary facilities. 2306 (e)Notwithstanding the requirements of this subsection, an 2307 unfinished construction project for new construction of 2308 educational plant space that was started on or before July 1, 2309 2026, is exempt from the total cost per student station 2310 requirements established in paragraph (b). 2311 Section 43.Subsections (5) and (6) of section 1013.68, 2312 Florida Statutes, are amended to read: 2313 1013.68Classrooms First Program; uses. 2314 (5)A school district may only receive a distribution for 2315 use pursuant to paragraph (2)(a) if the district school board 2316 certifies to the Commissioner of Education that the district has 2317 no immediate unmet need for permanent classroom facilities in 2318 its facilities 5-year capital outlay work plan. If the work plan 2319 contains such unmet needs, the district must use its 2320 distribution for the payment of bonds pursuant to paragraph 2321 (2)(b). If the district does not require its full bonded 2322 distribution to eliminate such unmet need, it may bond only that 2323 portion of its allocation necessary to meet the needs. 2324 (6)School districts may enter into interlocal agreements 2325 to lend their Classrooms First Program funds as provided in 2326 paragraph (2)(c). A school district or multiple school districts 2327 that receive cash proceeds may, after considering their own new 2328 construction needs outlined in their 5-year district facilities 2329 work program, lend their Classrooms First Program funds to 2330 another school district that has need for new facilities. The 2331 interlocal agreement must be approved by the Commissioner of 2332 Education and must outline the amount of the funds to be lent, 2333 the term of the loan, the repayment schedule, and any interest 2334 amount to be repaid in addition to the principal amount of the 2335 loan. 2336 Section 44.Paragraph (e) of subsection (6) of section 2337 163.3180, Florida Statutes, is amended to read: 2338 163.3180Concurrency. 2339 (6) 2340 (e)A school district that includes relocatable facilities 2341 in its inventory of student stations shall include the capacity 2342 of such relocatable facilities as provided in s. 2343 1013.35(2)(b)2.f., provided the relocatable facilities were 2344 purchased after 1998 and the relocatable facilities meet the 2345 standards for long-term use pursuant to s. 1013.20. 2346 Section 45.Subsection (5) of section 1002.31, Florida 2347 Statutes, is amended to read: 2348 1002.31Controlled open enrollment; public school parental 2349 choice. 2350 (5)For a school or program that is a public school of 2351 choice under this section, the calculation for compliance with 2352 maximum class size pursuant to s. 1003.03(1) s. 1003.03(4) is 2353 the average number of students at the school level. 2354 Section 46.Paragraph (i) of subsection (2) of section 2355 1003.621, Florida Statutes, is amended to read: 2356 1003.621Academically high-performing school districts.It 2357 is the intent of the Legislature to recognize and reward school 2358 districts that demonstrate the ability to consistently maintain 2359 or improve their high-performing status. The purpose of this 2360 section is to provide high-performing school districts with 2361 flexibility in meeting the specific requirements in statute and 2362 rules of the State Board of Education. 2363 (2)COMPLIANCE WITH STATUTES AND RULES.Each academically 2364 high-performing school district shall comply with all of the 2365 provisions in chapters 1000-1013, and rules of the State Board 2366 of Education which implement these provisions, pertaining to the 2367 following: 2368 (i)Those statutes pertaining to educational facilities, 2369 including chapter 1013, except that s. 1013.20, relating to 2370 covered walkways for portables, and s. 1013.21, relating to the 2371 use of relocatable facilities that exceed 20 years of age, are 2372 eligible for exemption. 2373 Section 47.Paragraph (e) of subsection (2) of section 2374 1003.631, Florida Statutes, is amended to read: 2375 1003.631Schools of Excellence.The Schools of Excellence 2376 Program is established to provide administrative flexibility to 2377 the states top schools so that the instructional personnel and 2378 administrative staff at such schools can continue to serve their 2379 communities and increase student learning to the best of their 2380 professional ability. 2381 (2)ADMINISTRATIVE FLEXIBILITIES.A School of Excellence 2382 must be provided the following administrative flexibilities: 2383 (e)Calculation for compliance with maximum class size 2384 pursuant to s. 1003.03(1) s. 1003.03(4) based on the average 2385 number of students at the school level. 2386 Section 48.Paragraph (b) of subsection (3) of section 2387 1011.6202, Florida Statutes, is amended to read: 2388 1011.6202Principal Autonomy Program Initiative.The 2389 Principal Autonomy Program Initiative is created within the 2390 Department of Education. The purpose of the program is to 2391 provide a highly effective principal of a participating school 2392 with increased autonomy and authority to operate his or her 2393 school, as well as other schools, in a way that produces 2394 significant improvements in student achievement and school 2395 management while complying with constitutional requirements. The 2396 State Board of Education may, upon approval of a principal 2397 autonomy proposal, enter into a performance contract with the 2398 district school board for participation in the program. 2399 (3)EXEMPTION FROM LAWS. 2400 (b)A participating school or a school operated by a 2401 principal pursuant to subsection (5) shall comply with the 2402 provisions of chapters 1000-1013, and rules of the state board 2403 that implement those provisions, pertaining to the following: 2404 1.Those laws relating to the election and compensation of 2405 district school board members, the election or appointment and 2406 compensation of district school superintendents, public meetings 2407 and public records requirements, financial disclosure, and 2408 conflicts of interest. 2409 2.Those laws relating to the student assessment program 2410 and school grading system, including chapter 1008. 2411 3.Those laws relating to the provision of services to 2412 students with disabilities. 2413 4.Those laws relating to civil rights, including s. 2414 1000.05, relating to discrimination. 2415 5.Those laws relating to student health, safety, and 2416 welfare. 2417 6.Section 1001.42(4)(f), relating to the uniform opening 2418 date for public schools. 2419 7.Section 1003.03, governing maximum class size, except 2420 that the calculation for compliance pursuant to s. 1003.03 is 2421 the average at the school level for a participating school. 2422 8.Sections 1012.22(1)(c) and 1012.27(2), relating to 2423 compensation and salary schedules. 2424 9.Section 1012.33(5), relating to workforce reductions for 2425 annual contracts for instructional personnel. This subparagraph 2426 does not apply to at-will employees. 2427 10.Section 1012.335, relating to annual contracts for 2428 instructional personnel hired on or after July 1, 2011. This 2429 subparagraph does not apply to at-will employees. 2430 11.Section 1012.34, relating to personnel evaluation 2431 procedures and criteria. 2432 12.Those laws pertaining to educational facilities, 2433 including chapter 1013, except that s. 1013.20, relating to 2434 covered walkways for relocatables, and s. 1013.21, relating to 2435 the use of relocatable facilities exceeding 20 years of age, are 2436 eligible for exemption. 2437 13.Those laws pertaining to participating school 2438 districts, including this section and ss. 1011.69(2) and 2439 1012.28(8). 2440 Section 49.Subsection (2) of section 1011.73, Florida 2441 Statutes, is amended to read: 2442 1011.73District millage elections. 2443 (2)MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.The district 2444 school board, pursuant to resolution adopted at a regular 2445 meeting, shall direct the county commissioners to call an 2446 election at which the electors within the school district may 2447 approve an ad valorem tax millage as authorized under s. 2448 1011.71(8) s. 1011.71(9). Such election may be held at any time, 2449 except that not more than one such election shall be held during 2450 any 12-month period. Any millage so authorized shall be levied 2451 for a period not in excess of 4 years or until changed by 2452 another millage election, whichever is earlier. If any such 2453 election is invalidated by a court of competent jurisdiction, 2454 such invalidated election shall be considered not to have been 2455 held. 2456 Section 50.Paragraph (b) of subsection (2) of section 2457 1012.555, Florida Statutes, is amended to read: 2458 1012.555Teacher Apprenticeship Program. 2459 (2) 2460 (b)As a condition of participating in the program, an 2461 apprentice teacher must commit to spending the first 2 years in 2462 the classroom of a mentor teacher using team teaching strategies 2463 identified in s. 1003.03(4)(b) s. 1003.03(5)(b) and fulfilling 2464 the on-the-job training component of the registered 2465 apprenticeship and its associated standards. 2466 Section 51.Paragraph (a) of subsection (3) of section 2467 1013.62, Florida Statutes, is amended to read: 2468 1013.62Charter schools capital outlay funding. 2469 (3)If the school board levies the discretionary millage 2470 authorized in s. 1011.71(2), the department shall use the 2471 following calculation methodology to determine the amount of 2472 revenue that a school district must distribute to each eligible 2473 charter school: 2474 (a)Reduce the total discretionary millage revenue by the 2475 school districts annual debt service obligation incurred as of 2476 March 1, 2017, which has not been subsequently retired, and any 2477 amount of participation requirement pursuant to s. 2478 1013.64(2)(a)7. s. 1013.64(2)(a)8. that is being satisfied by 2479 revenues raised by the discretionary millage. 2480 2481 By October 1 of each year, each school district shall certify to 2482 the department the amount of debt service and participation 2483 requirement that complies with the requirement of paragraph (a) 2484 and can be reduced from the total discretionary millage revenue. 2485 The Auditor General shall verify compliance with the 2486 requirements of paragraph (a) and s. 1011.71(2)(e) during 2487 scheduled operational audits of school districts. 2488 Section 52.This act shall take effect July 1, 2024.