The purpose of this rule development is: (1) To amend the publication, State Requirements for Educational Facilities 2012 (SREF), a document incorporated by reference in the rule. Changes in the publication include: (a) adding a provision to ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-2.0010Educational Facilities

PURPOSE AND EFFECT: The purpose of this rule development is:

(1) To amend the publication, State Requirements for Educational Facilities 2012 (SREF), a document incorporated by reference in the rule. Changes in the publication include:

(a) Adding a provision to clarify how district school boards and Florida College System institution boards of trustees must account for the proceeds from the sale of real property;

(b) Defining the roles of the Office of Educational Facilities (OEF) and the Fixed Capital Outlay Office of the Bureau of School Business Services (FCO) within the Florida Department of Education with respect to educational facilities financing;

(c) Making conforming revisions to references to forms;

(d) Clarifying district requirements regarding the permissibility of reallocating funds for one Qualified Zone Academy Bonds (QZAB) project to another previously approved QZAB project;

(e) deleting an obsolete provision requiring universities to purchase an insurance policy guarantying the payment of all principal and interest payable under a lease-purchase agreement; and

(f) Making technical corrections in legal citations and grammar;

(2) To incorporate the most recently compiled Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. Parts 1910 and 1926 (replacing the outdated compilations);

(3) To adopt form OEF SCFA-10A, Special Facilities Construction Account (SFCA) District School Board Resolution;

(4) To revise the following forms to revise form names, to update form numbers, to correct office contact information and to make other technical, formatting and grammar changes that do not require the collection of or reporting of additional data:

OEF 216CC – Capital Outlay Bond Issue (COBI) Amendment (Florida Colleges)

OEF 216PS – Capital Outlay Bond Issue (COBI) Amendment (Districts)

OEF 217CC – Request to State Board of Education for Approval of Order of Priority for Expenditure of State Capital Outlay Funds (Florida Colleges)

OEF 217PS – Request to State Board of Education for Approval of Order of Priorities for Expenditure of State Capital Outlay Funds (Public Schools)

OEF 352 – Capital Outlay Request Encumbrance Authorization

OEF 400 – Qualified Public Educational Facility Bond - Application

OEF 410 – Qualified Zone Academy Bond Program Application

OEF 442 – DOE Project Disbursement Report

OEF 564CC – 2011 Report of Cost of Construction - Florida Colleges

OEF 564PS – 2011 Report of Cost of Construction - Public Schools

OEF SCOA-1CC – Sample Resolution Requesting Issuance of Capital Outlay Bonds (COBI) for Florida Colleges;

(5) To eliminate the incorporation of the Charter School Capital Outlay Plan because the subject is addressed in a separate rule; and

(6) To make other revisions necessary to update or clarify the text of the rule or incorporated documents.

SUBJECT AREA TO BE ADDRESSED: State requirements for educational facilities.

RULEMAKING AUTHORITY: Article XII, § 9(d)(10), Fla. Const., 159.835, 159.845, 381.006, 1001.02(1), 1010.01, 1010.02, 1011.01, 1011.06, 1011.09, 1011.60, 1013.02(2), 1013.03, 1013.12(1), 1013.20, 1013.28, 1013.31, 1013.36, 1013.37 FS.

LAW IMPLEMENTED: 159.834, 159.844, 163.31777, 381.006(16), 553.79, 553.80, 633.206, 1001.02, 1001.453, 1010.01, 1010.02, 1011.01, 1011.06, 1011.09, 1011.60, 1011.74, 1013.01, 1013.03, 1013.12(1), 1013.14, 1013.15, 1013.20, 1013.28, 1013.31, 1013.33, 1013.35, 1013.36, 1013.37, 1013.371, 1013.372, 1013.38, 1013.40, 1013.45, 1013.60, 1013.61, 1013.64, 1013.735, 1013.736, 1013.737 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Thomas H. Inserra, Director, Office of Educational Facilities, 325 West Gaines Street, Room 1014, Tallahassee, Florida 32399-0400, [phone] or [e-mail]. To request a rule development workshop, please contact: Cathy Schroeder, Agency Clerk, Department of Education, [phone], e-mail: [e-mail], or go to https://app1.fldoe.org/rules/default.aspx

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT: https://app1.fldoe.org/rules/default.aspx