The purpose of this rule revision is to update the State Requirements for Educational Facilities (SREF), a document incorporated by reference in the rule. The publication includes provisions related to the acquisition and disposal of real ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-2.0010Educational Facilities

PURPOSE AND EFFECT: The purpose of this rule revision is to update the State Requirements for Educational Facilities (SREF), a document incorporated by reference in the rule. The publication includes provisions related to the acquisition and disposal of real property and the establishment of depository accounts by district school boards and Florida College System institution boards of trustees. The proposed rule would affect how district school boards and Florida College System institution boards of trustees account for funds derived from proceeds of the sale of land or other real property that the boards deem are no longer needed for educational or ancillary uses.

SUMMARY: The proposal would amend SREF section 1.4 to create a new subsection (4) to require that boards deposit proceeds of the sale of land or other real property in a depository account established pursuant to SREF section 2.1(4)(a)-(h) and credit the proceeds to the fund source used for the original acquisition. The proposal would also require that, if the fund source for the original acquisition cannot be determined, the proceeds from the sale shall be credited to the fund source for proceeds from the sale of real property pursuant to SREF section 2.1(4)(h) and shall be expended only on capital outlay projects. The proposal would require the same if the acquisition was by private grant or donation, unless otherwise prescribed in writing by the grantor or donor. Finally, the proposal would provide that the new paragraph does not apply to the granting of easements, rights-of-way or leases of board property for no consideration.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule is not expected to have an adverse effect on economic growth, job creation or business competitiveness. It is not expected to increase regulatory costs for the private sector. The proposal regulates how district school boards and Florida College System institution boards of trustees account for the proceeds from the sale of land or other real property that the boards deem are no longer needed for educational or ancillary purposes. Because the change in existing accounting practices would be minor, the rule is not expected to increase regulatory or operating costs for district school boards, Florida College System Institution boards of trustees, the Auditor General or the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Art. XII, § 9(d)(10), Fla. Const. 159.845, 1001.02(1), 1010.01, 1010.02, 1011.06, 1011.09, 1013.02(2), 1013.12(1), 1013.20, 1013.28, 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(3), 1011.06, 1011.09, 1011.60(1), (5), 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.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 17, 2014, 8:30 a.m.

PLACE: Nassau County School Board, 1201 Atlantic Avenue, Fernandina Bch., FL 32034

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas H. Inserra, Director, Office of Educational Facilities, 325 West Gaines Street, Room 1014, Tallahassee, Florida 32399-0400, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-2.0010 Educational Facilities.

State Board of Education requirements adopted pursuant to Chapter 120, F.S., to implement the State Uniform Building Code for Public Educational Facilities Construction in Chapter 1013, F.S., are contained in Section 423 of the Florida Building Code and the Department of Education publication, “State Requirements for Educational Facilities 2014 2012” (SREF) (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01898), which is hereby incorporated by reference. All educational and ancillary facilities constructed by a school board or Florida college board shall comply with the SREF 2014 “State Requirements for Educational Facilities  2012”. Copies of the SREF 2014 “State Requirements for Educational Facilities 2012” are available from the Office of Educational Facilities, Florida Department of Education, 325 West Gaines Street, Room 1054, Tallahassee, Florida 32399-0400, at a cost to be determined by Commissioner, but which shall not exceed actual cost, or from the Department of Education’s website at: http://www.fldoe.org/edfacil in PDF format. In addition, to the SREF 2014 State Requirements for Educational Facilities 2012, Rule 14-15.002, F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-01654) (effective June 2012), and the following manuals incorporated therein are incorporated by reference in this rule: Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, May 2011 Edition; AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications, 5th Edition (2010); Department of Transportation, Office of Maintenance, Bridge Load Rating Manual; and Department of Transportation Drainage Manual. Rule 14-15.002, F.A.C., may be obtained from the Department of Transportation, 605 Suwannee Street, Tallahassee, Florida 32399-0450 or from the web link provided above. In addition, the following documents and forms are also incorporated by reference as part of this rule: Chapter XVII – Occupational Safety and Health Administration, Department of Labor, 29 CFR Parts 1910 and 1926 (7-1-11 Edition)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01594),

OEF 110A - Project Implementation Information (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01899),

OEF 110B - Certificate of Occupancy (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01900),

OEF 208 - Letter of Transmittal (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01901),

OEF 208A - Facility Space Chart/Net and Gross Square Footage (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01902),

OEF 209 - Certificate of Final Inspection (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01903),

OEF 216CC - Capital Outlay Bond Issue (COBI) Amendment (Florida Colleges) (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01904),

OEF 216PS - Capital Outlay Bond Issue (COBI) Amendment (Districts) (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01905),

OEF 217CC - Request to State Board of Education for Approval of Order of Priority for Expenditure of State Capital Outlay Funds (Florida Colleges) (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01906),

OEF 217PS - Request to State Board of Education for Approval of Order of Priorities for Expenditure of State Capital Outlay Funds (Public Schools) (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01907),

OEF 220 - Building Permit Application (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01908),

OEF 226 - Annual Facility Maintenance Permit (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01909),

OEF 352 - Capital Outlay Request Encumbrance Authorization (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01910),

OEF 400 - Qualified Public Educational Facility Bond – Application (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01911),

OEF 410 - Qualified Zone Academy Bond Program Application (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01912),

OEF 442 - DOE Project Disbursement Report (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01913),

OEF 564CC – 2011 Report of Cost of Construction – Florida Colleges (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01914),

OEF 564PS – 2011 Report of Cost of Construction – Public Schools (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01915),

OEF FISH CERT - Florida Inventory of School Houses Certification of Facilities Data (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01916),

OEF LCCA-1 - Life Cycle Cost Analysis (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01917),

OEF SCOA-1CC – Sample Resolution Requesting Issuance of Capital Outlay Bonds (COBI) for Florida Colleges (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01918),

OEF SCOA-1PS – Sample Resolution Requesting Issuance of Capital Outlay Bonds (COBI) for Public Schools (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01919), and

Charter School Capital Outlay Plan (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01920).

Rulemaking Authority Article XII, §9(d)(10), Fla. Const., 159.835, 159.845, 1001.02(1), 1010.01, 1010.02, 1011.06, 1011.09, 1013.02(2), 1013.03, 1013.12(1), 1013.20, 1013.28, 1013.36, 1013.37 FS. Law Implemented 159.834, 159.844, 163.31777, 381.006(16), 553.79, 553.80, 633.206 633.022, 1001.02, 1001.453, 1010.01, 1010.02, 1011.01(3), 1011.06, 1011.09, 1011.60(1), (5), 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. History–New 10-30-94, Amended 4-28-97, Formerly 6A-2.0111, Amended 1-5-00, Formerly 6-2.001, Amended 8-22-05, 7-2-06, 2-12-08, 12-15-09, 11-19-12,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Finance and Operations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 16, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 24, 2014