14985644, 6A-2.0010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14985644

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

EDUCATIONAL FACILITIES

Overview

RULE:

6A-2.0010

Educational Facilities

PURPOSE:

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Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. Parts 1910 and 1926 (replacing the outdated compilations); (3) To adopt form OEF SCFA-10A, Special Facilities Construction Account (SFCA) District School Board Resolution; (4) To revise the following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

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:

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.

PRINT PUBLISH DATE:

8/27/2014 Vol. 40/167

COMMENTS:

From 8/27/2014 To 9/17/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01654 Rule 14-15.002
Ref-01898 State Requirements for Educational Facilities 2012
Ref-01899 OEF 110A - Project Implementation Information
Ref-01900 OEF 110B - Certificate of Occupancy
Ref-01901 OEF 208 - Letter of Transmittal
Ref-01902 OEF 208A - Facility Space Chart/Net and Gross Square Footage
Ref-01903 OEF 209 - Certificate of Final Inspection
Ref-01908 OEF 220 - Building Permit Application
Ref-01909 OEF 226 - Annual Facility Maintenance Permit
Ref-01910 OEF 352 - Capital Outlay Request Encumbrance Authorization
Ref-01911 OEF 400 - Qualified Public Educational Facility Bond - Application
Ref-01912 OEF 410 - Qualified Zone Academy Bond Program Application
Ref-01913 OEF 442 - DOE Project Disbursement Report
Ref-01914 OEF 564CC – 2011 Report of Cost of Construction - Florida Colleges
Ref-01915 OEF 564PS – 2011 Report of Cost of Construction - Public Schools
Ref-01916 OEF FISH CERT - Florida Inventory of School Houses Certification of Facilities Data
Ref-01917 OEF LCCA-1 - Life Cycle Cost Analysis
Ref-01919 OEF SCOA-1PS - Sample Resolution Requesting Issuance of Capital Outlay Bonds (COBI) for Public Schools
Ref-01920 Charter School Capital Outlay Plan

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