The purpose and effect of the proposed rule 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 and effect of the proposed rule 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Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. Parts 1910 and 1926 (replacing the outdated compilations); (3) To adopt form OEF SCFA-10A, Special Facilities Construction Account (SFCA) District School Board Resolution; (4) To revise the following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; and 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.

SUMMARY: The proposed rule amends the SREF as described above. The amendment specifies that district school boards and Florida College System institution boards of trustees must deposit the proceeds from the sale of land or other real property into the account used to fund the original acquisition, or if the original fund source was by donation or is not known, into the account for proceeds from the sale of real property. The amendment updates the publication’s finance chapter to define the roles of the OEF and the FCO with respect to public educational facilities finance, to remove 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 to make other clarifying and technical revisions. The amendment adopts the most recent compilation of 29 C.F.R. Parts 1910 and 1926 by the Occupational Safety and Health Administration, Department of Labor. The amendment revises certain forms adopted by reference in the rule to update form numbers, to add instructions and to update office contact information. The amendment adopts new form OEF SFCA-10A Special Facilities Construction Account (SFCA) District School Board Resolution. The amendment eliminates the incorporation of the Charter School Capital Outlay Plan, which is a subject addressed in a separate rule. The amendment makes other revisions necessary to update or clarify the text of the rule or incorporated documents.

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 proposed rule is not expected to have an adverse impact on economic growth, business competitiveness or any other factors listed in Section 120.541(2)(a), F.S. No increase in regulatory costs is anticipated as a result of the rule changes. More specifically, the proposed rule related to accounting for the proceeds from the sale of real property is not expected to increase regulatory costs for district school boards or Florida College System institutions because the change in existing accounting processes would not increase operating costs. The proposed rule is not expected to increase the cost of monitoring for the Florida Department of Education or the Auditor General because the change in the review of district accounting processes would be minor and would not increase operating costs. The clarifying and technical revisions regarding the administration of public educational facilities finance programs and the updates to the forms will not increase costs to educational agencies because no new regulatory requirement is imposed and no new information must be collected or reported. The repeal of the obsolete university insurance provision will have no cost effect. Technical, clarifying and grammar changes will have no cost effect.

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: 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.

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

DATE AND TIME: September 29, 2014, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

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 Florida Department of Education publication, “State Requirements for Educational Facilities 2014 2012” (effective November 2014) (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 “State Requirements for Educational Facilities 2014 2012”. Copies of “State Requirements for Educational Facilities 2014 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 the 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 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 (7-1-14 7-1-11 Edition)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-______01594),

FCO 352 - Capital Outlay Request Encumbrance Authorization (effective November 2014)

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

FCO 400 - Qualified Public Educational Facility Bond – Application (effective November 2014)

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

FCO 410 - Qualified Zone Academy Bond Program Application (effective November 2014)

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

FCO 442 - FDOE Project Disbursement Report (effective November 2014)

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

FCO 564FC – Cost of Construction Report – Florida College System (effective November 2014)

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

FCO 564PS – Cost of Construction Report – Public Schools (effective November 2014)

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

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 216FCC - Capital Outlay Bond Issue (COBI) Amendment (Florida Colleges System) (effective November 2014 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-______01904),

OEF 216PS - Capital Outlay Bond Issue (COBI) Amendment (Districts) (effective November 2014 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01905),

OEF 217 FCC - Request to State Board of Education for Approval of Order of Priority for Expenditure of State Capital Outlay Funds (Florida Colleges System) (effective November 2014 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01906),

OEF 217PS - Request to State Board of Education for Approval of Order of Priority Priorities for Expenditure of State Capital Outlay Funds (Public Schools) (effective November 2014 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-1 FCC – Sample Resolution Requesting Issuance of Capital Outlay Bonds (COBI) for Florida Colleges System (effective November 2014 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

OEF SFCA-10A – Special Facilities Construction Account (SFCA) District School Board Resolution (Effective November 2014)

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

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, 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, 633.206 633.022, 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. 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: August 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 15, 2014