CAPITAL OUTLAY FUNDING UPDATE
Controversy has arisen from a presentation made at the January 21 meeting of the House Appropriations Committee. The presentation, made by House Education Appropriations Subcommittee Chair Eric Fresen, provided information that compared actual school construction costs with the statutorily set costs per student station. Among other things, this report applied statutory cost per student station as a measuring stick for construction project costs that included non-classroom spaces. As a result, the report presented a highly critical picture of school district capital outlay expenditures. The Florida Association of District School Superintendents (FADSS), as well as several school districts, have responded to the report in letters directed to Representative Fresen and other House leaders that explain and/or contest some of the information contained in the presentation. We have posted the original Capital Outlay presentation, the FADSS letter to Representative Fresen, and Representative Fresen’s response to the FADSS letter on the FSBA website on our Facilities & Planning page in our Resource Room. You may access these documents by clicking on the Resource Room link on our home page and then selecting “Facilities & Planning” from the Resource Room table of contents or by using this direct link: https://fsba.org/facilities-
[NOTE: The bills and committees listed below are linked to their respective websites where you can find additional information.]
In the Senate Judiciary Committee:
SB 120 – Prohibited Discrimination by Abruzzo – FAILED; PENDING RECONSIDERATION
Creating the “Florida Competitive Workforce Act”; revising provisions to include sexual orientation and gender identity or expression and the perception of race, color, religion, sex, national origin, age, sexual orientation, gender identity or expression, handicap, or marital status as impermissible grounds for discrimination; providing an exception for constitutionally protected free exercise of religion, etc. [NOTE: The bill failed today on a 5-5 vote amid controversy over certain definitions. The bill has been added to the agenda for reconsideration at Tuesday’smeeting of the Judiciary committee (see below).]
In the House Government Operations Appropriations Subcommittee:
HB 1219 – Veterans’ Employment by Raburn — PASSED
Requires state agencies, & authorizes political subdivisions of state, to develop & implement veterans’ recruitment plan; requires DMS to collect specified data & include such data in its annual workforce report & on its website; provides applicability.
In the House Justice Appropriations Subcommittee:
HB 7085 – Juvenile Civil Citation / Diversion Programs by Criminal Justice – AMENDED; PASSED WITH A COMMITTEE SUBSTITUTE (CS)
Requires establishment of civil citation or similar diversion programs for juveniles; specifies program eligibility, participation, & implementation requirements; provides exceptions; provides applicability.
In the Senate Criminal Justice Committee:
SB 408 – Juvenile Civil Citations by Altman – NOT CONSIDERED
Requiring, rather than authorizing, a law enforcement officer to issue a civil citation or require participation in a similar diversion program if the officer does not issue a warning or inform a child’s guardian or parent of the infraction; requiring a law enforcement officer to receive approval from a supervisor before arresting a child for a first-time misdemeanor, etc.
In the Senate Higher Education Committee:
SB 216 – Tuition and Fee Exemptions by Detert – AMENDED; PASSED WITH A CS
Exempting certain students who were adopted from the Department of Children and Families or who are or were in the custody of the department under specified circumstances from paying tuition and fees to workforce education programs, Florida College System institutions, and state universities, etc.
COMING UP TOMORROW
[NOTE: Nearly all meetings may be viewed via live webcast or archived videos on the Florida Channel athttp://thefloridachannel.org/.
The House Education Appropriations Subcommittee will meet (9:00 – 11:00 am) to consider:
HB 793 – Florida Bright Futures Scholarship Program by O’Toole
Provides that initial award period & renewal period for students who are unable to accept initial award immediately after high school due to specific obligations begins upon completion of obligation; requires student, as prerequisite for certain awards, to identify social or civic issue or professional area of interest & develop specified plan.
HB 887 – Computer Coding Instruction by Adkins
Requires Higher Education Coordinating Council to make recommendations related to computer science instruction & provide report; requires Commissioner of Education to develop certain standards & identify certain courses in Course Code Directory; requires students have access to computer science courses through various means; requires DOE to report certain information to certain entities; requires certain entities to develop strategies relating to computer science educator certification & teacher recruitment.
HB 1147 – Educational Instruction / Life Skills by Latvala
Requires character-development programs to provide certain instruction to students in grades 9-12.
HB 1403 – Pledge of Allegiance by Broxson
Requires written notice of student’s right not to participate in the pledge of allegiance to be included in specific publication; provides student may be excused from certain actions associated with pledge; requires unexcused students to show full respect to flag during pledge.
The Senate Community Affairs Committee will meet (10:00 am – 12:00 pm) to consider the following item and others:
SB 660 – Local Governments / Impact Fees by Hays
Authorizing the use of impact fees to construct new capital facilities or to improve, alter, or expand existing capital facilities; authorizing a county or municipality to impose a surcharge on documents taxable under provisions for the purpose of funding certain capital improvements and capital facilities in lieu of imposing impact fees; restricting the amount of the surcharge; prohibiting a county or municipality that imposes a surcharge for an authorized purpose from also imposing an impact fee for the same purpose, etc.
The Senate Governmental Oversight & Accountability Committee will meet (10:00 am – 12:00 pm) to consider the following items and others:
SB 686 – Government Accountability by Gaetz
Citing this act as the “Florida Anti-Corruption Act of 2016”; specifying that the Governor, the Commissioner of Education, or the designee of the Governor or of the Commissioner of Education may notify the Legislative Auditing Committee of an entity’s failure to comply with certain auditing and financial reporting requirements; specifying the applicability of certain provisions of the Code of Ethics for Public Officers and Employees to officers and board members of corporate entities associated with the Department of Economic Opportunity, etc.
SB 1150 – Agency Rulemaking Authority by Bean
Providing for suspension of certain rulemaking authority after a specified period, until reauthorized by general law; providing for expiration of such reauthorization after a specified period; providing for suspension of rulemaking authority upon expiration of its reauthorization, until reauthorized by general law; authorizing the Governor to delay suspension of rulemaking authority for a specified period upon declaration of a public necessity; providing exceptions, etc.
SB 724 – Public Records / Custodian by Joyner
Authorizing a court to hold a custodian of a public record personally liable for the reasonable costs of enforcement, including attorney fees, in a civil action to enforce ch, 119, F.S., if certain conditions exist, etc.
The House Local & Federal Affairs Committee will meet (11:30 am – 2:30 pm) to consider the following item and others:
HB 791 – Local Tax Referenda by Ingoglia
Requires local government discretionary sales surtax referenda to be held on day of general election; requires approval of specified percentage of electors voting in referendum to adopt or amend such surtax; prohibits use of certain funds and materials to advertize proposed surtax referenda for certain discretionary sales surtaxes; provides exception.
The House Education Committee will meet (12:30 – 2:30 pm) to consider the following items and others:
HB 669 – Educational Choice by Sprowls
Provides additional duties of internal auditor for school districts; revises list of public & private educational choice options available to students; requires school districts to provide & publish certain information; revises controlled open enrollment process; requires school district to establish process for parent to request that his or her child be transferred to another classroom teacher; revises components of Credit Acceleration Program; requires DOE to contract with FPU for certain purposes; provides appropriation.
HB 705 – Interpreters / Hearing Impaired by Berman
Requires SBE to establish standards for educational interpreters & school districts to notify parents if an individual providing interpreter services does not meet SBE standards & report to DOE information regarding individuals providing interpreter services.
HJR 759 – Charter Schools by Diaz
Proposes amendment to State Constitution to require SBE to establish statewide charter school authorizer to authorize, operate, control, & supervise charter schools.
HB 833 – Public School Recess by Plasencia
Requires district school board to provide students in certain grades with certain amount of free-play recess per day; provides that free-play recess may not be withheld for specified reasons.
HB 1155 – Membership Associations by Eisnaugle
Prohibiting certain membership associations from expending any money received from public funds on litigation against the state; requiring the membership associations to file an annual report with the Legislature covering a variety of topics, including the fee required to become a member of the membership association, the current annual financial statements of the membership association, a description of the assets and liabilities of the association at the beginning and end of the preceding fiscal year, the salary, allowances, and other direct or indirect disbursements to each officer and to each employee who, during the preceding fiscal year, received more than $10,000, and the total amount of direct or indirect disbursements for lobbying activity at the federal, state, or local level incurred by the membership association, and the total amount of direct or indirect disbursements for litigation expenses incurred by the membership association; providing that dues paid to a membership association which are paid with public funds shall be assessed for each elected or appointed public officer; providing that, if a public officer elects not to join the membership association, the dues assessed to that public officer may not be paid to the membership association; requiring the Auditor General to conduct certain audits annually; etc.
HB 1305 – Student Health / Emergency Allergy Treatment by Eagle
Revises definition of “authorized entity”; authorizes public school or private school to receive for free or purchase at fair market value or at reduced prices supply of epinephrine auto-injectors from certain entities.
HB 1365 – Competency-Based Education by Rodrigues
Creates Competency-Based Education Pilot Program; provides for program participation, application requirements, exemption from specified rules, student funding, & duties of DOE.
The House Appropriations Committee will meet (3:00 – 6:00 pm) to consider the following items and others:
HB 301 – Property Prepared for Tax-Exempt Use by Burton
Consolidates provisions relating to tax exemptions on property owned by certain tax-exempt organizations; authorizes property appraiser to serve notice of tax lien on certain otherwise exempt properties under certain circumstances; specifies entities to whom lien attaches; provides exemption; deletes provisions rendered obsolete by consolidation.
HB 873 – Special Facility Construction Account by Diaz
Revises provisions of Special Facility Construction Account relating to receipt of funds, criteria for requests, preapplication review, consultants, & repayment of school district’s share of project costs. [NOTE: A Proposed Committee Substitute (PCS) has been filed for consideration. The PCS includes the existing provisions of the bill relating to the Special Facility Construction Account but adds controversial language that would require school districts to expend local Capital Outlay Millage revenue for certain charter school capital outlay projects. The text of the PCS is available HERE.]
The Senate Judiciary Committee will meet (3:30 – 5:30 pm) to consider the following item and others:
SB 1220 – Award of Attorney Fees / Public Records by Garcia
Revising the circumstances under which a court may assess and award the reasonable costs of enforcement against an agency in a civil action to enforce chapter 119, etc.
SB 120 – Prohibited Discrimination by Abruzzo
Creating the “Florida Competitive Workforce Act”; revising provisions to include sexual orientation and gender identity or expression and the perception of race, color, religion, sex, national origin, age, sexual orientation, gender identity or expression, handicap, or marital status as impermissible grounds for discrimination; providing an exception for constitutionally protected free exercise of religion, etc. [NOTE: The bill failed in Monday’s meeting of the committee, but is pending reconsideration.]
I hope you find this information useful. Please let me know if you have any questions.
Ruth Haseman Melton
Director of Government Relations
Florida School Boards Association
Office: 850 / 414-2578
Cell: 850 / 509-6411