6A-2.0010: Educational Facilities
PURPOSE AND EFFECT: The purpose of this rule amendment is to update the State Requirements for Educational Facilities as incorporated by reference, to implement recent statutory revisions related to fire safety inspections and transfer of responsibility for establishing minimum requirements and standards of sanitation and safety for schools to the Department of Education. The effect is a rule which sets standards for planning, financing, constructing, and operating public educational facilities consistent with governing law.
SUMMARY: The rule is amended to correctly identify community colleges as Florida colleges, clarify responsibilities of the State Board of Education, Commissioner of Education, and the Office of Educational Facilities, update references to the discretionary capital improvement millage rate cap from 2 mills to 1.5 mills, and to require forms where practical to be submitted electronically through the Educational Facilities Information System. Other changes include but are not limited to the clarification that the location of educational facilities must be consistent with the comprehensive plan and with the land development regulations of the appropriate local governing body; clarification that a 5-year District Facilities Work Plan must be completed and financially feasible for 5, 10 and 20-year periods and be consistent with the approved recommendations in the 5-year educational plant survey, update provisions related to interlocal agreements for school planning coordination to clarify content requirements, update educational facilities specifications consistent with new statutory requirements for energy-efficiency standards and a classroom minimum lighting standards; require Phase III construction documents to include fire sprinkler system drawings and calculations; and to update threshold limits to $300,000 consistent with statutory provisions regarding the current cost index.
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 been prepared by the agency.
The Department estimates that there will be no or minimal cost impact associated with compliance with proposed revisions as the rule is being amended to conform to current statutory requirements, updated to remove obsolete provisions or make technical corrections. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the Statement of Estimated Regulatory Cost.
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: 1013.02(2), 1013.37 FS.
LAW IMPLEMENTED: 1001.42(9), 1001.453, 1011.09, 1011.74, 1013.01, 1013.03, 1013.31, 1013.35, 1013.37, 1013.371, 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: May 10, 2012, 7:30 a.m.
PLACE: Tampa Airport Marriott, Hillsborough Grand Ballroom, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Champion, Deputy Commissioner for Finance and Operations, Department of Education, 325 West Gaines Street, Tallahassee, Florida, (850)245-0406
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, titled “State Requirements for Educational Facilities 2012” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01164) 2007 and the 2009 Supplement to the State Requirements for Educational Facilities, which is are hereby incorporated by reference and made a part of this rule to become effective with the effective date of the amended rule. All educational and ancillary facilities constructed by a school board or Florida community college board shall comply with “State Requirements for Educational Facilities 2012 2007 and the 2009 Supplement to the State Requirements for Educational Facilities”. Copies of “State Requirements for Educational Facilities 2012 2007 and the 2009 Supplement to the State Requirements for Educational Facilities” 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.
Rulemaking Authority Section 1(a) Article IX, State Constitution; 1001.02(1), 10013.02(2), 1013.37 FS. Law Implemented 1(a) Article IX, State Constitution; 1001.02, 1001.42(9), 1001.453, 1011.09, 1011.74, 101331.01, 1013.03, 1013.31, 1013.35, 1013.37, 1013.371, 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,_________.