235.217  SMART (Soundly Made, Accountable, Reasonable, and Thrifty) Schools Clearinghouse.--

(1)(a)  The SMART Schools Clearinghouse is established to assist school districts that seek to access School Infrastructure Thrift (SIT) Program awards pursuant to ss. 235.2155 and 235.216 or effort index grants pursuant to s. 235.186. The clearinghouse must use expedited procedures in providing such assistance.

(b)  The clearinghouse shall consist of five members who are not members of the Legislature or school district officers or employees and who have substantial business experience in the private sector. Two members shall be appointed by the Governor for initial 1-year and 3-year terms, respectively. One member shall be appointed by the President of the Senate for an initial 2-year term. One member shall be appointed by the Speaker of the House of Representatives for an initial 2-year term. The Commissioner of Education or a designee shall be a member. All subsequent terms of the four appointed members shall be 3 years. The Governor's appointee for the initial 3-year term shall chair the clearinghouse, and each subsequent holder of that position shall serve as the chair.

(c)  The clearinghouse is assigned to the Department of Management Services for administrative and fiscal accountability purposes, but it shall otherwise function independently of the control and direction of the department, except as otherwise provided in chapters 110, 255, and 287 for agencies of the executive branch.

(d)  The clearinghouse may adopt rules necessary to carry out its duties, including, but not limited to, rules relating to design and performance standards, the SMART Schools Design Directory, project delivery process, and prioritization of SIT Program awards.

(2)(a)  The clearinghouse shall develop an initial set of design and performance standards for delivering functional and frugal buildings that are space efficient and technology rich. The design and performance standards shall be based on, but not be limited to, such factors as construction costs per student station, maintenance costs, utilities costs, and network-related costs. The design and performance standards shall be continuously updated based upon actual use and performance. Using these standards, the clearinghouse shall conduct a statewide search to certify school designs that are currently available and meet the SMART schools standards. In order for certified SMART schools designs to be reused, the designs must be recertified by the clearinghouse to provide an opportunity for the designer to correct any deficiencies determined from actual use, or to modify the design to meet current standards. The selection process used for approval of a SMART schools design and inclusion of the design in the SMART Schools Design Directory shall be deemed to satisfy the legal requirements of s. 287.055 for the procurement of such services by a public agency. The Department of Management Services may establish state term contracts, including, but not limited to, contracts for design and construction services for SMART schools.

(b)  The clearinghouse shall establish a "SMART Schools Design Directory" listing the certified designs that will be accessible on-line and serve as the primary means to review SMART schools design options. To maximize the use of high performance schools and foster competition, the clearinghouse shall review submissions of new school designs to add to the SMART Schools Design Directory. If the clearinghouse determines the design submitted is equal to or better than the average of those already included in the directory, the submission shall be certified and the design shall then be added to the directory and available for reuse after contracting pursuant to paragraph (a).

(c)  All designs certified by the clearinghouse as SMART schools designs may utilize a project management delivery process similar to the process used by the Department of Management Services. However, school districts may secure project management services from the Department of Management Services or a qualified private provider, or may use internal resources.

(3)  The clearinghouse shall:

(a)  Recommend to the Governor, the Legislature, and the State Board of Education frugal construction standards that ensure appropriate industry standards and optimal life cycles and that may include, but are not limited to, standards for optimal size of core facility space, design-build, performance contracting, energy efficiency, and life-cycle systems costing.

(b)  Prioritize school district SIT Program awards based on a review of the district facilities work programs and proposed construction projects.

(c)  Recommend to the Governor, the Legislature, and the State Board of Education standards and policies relating to the design and construction of educational facilities.

(d)  Request the commissioner to consider all relevant recommendations for incorporation into the Uniform Building Code.

(e)  By July 1, 1998, establish a 5-year statewide capital outlay projection for education. In developing the projection, the clearinghouse shall reasonably adhere to historical projection standards developed for school capital outlay by the Department of Education and shall incorporate the following factors into the projection:

1.  A calculation of the number of student stations in each district as calculated in the Florida Inventory of School Houses based upon space to which stations are to be assigned pursuant to s. 235.014(10)(a)1.

2.  The norm value of each space-per-student station range established for each educational classroom in the State Requirements for Educational Facilities, with the norm value constituting one student station in the Florida Inventory of School Houses.

3.  The number of capital outlay full-time equivalent students as determined by the department for each school district.

4.  A total project cost per student station, which may equal the respective maximums provided in s. 235.435(6) for elementary, middle, and high school student stations adjusted by the Consumer Price Level Index calculated 30 months from the time of the current state capital outlay projection for education.

5.  Maintenance standards and guidelines as determined by the Department of Education.

6.  A relocatable valuation factor, which must consider the historical lifespan of relocatable classrooms in public schools compared to that of permanent facility space, and account for the goal established in s. 235.062 for replacement of relocatables in the next 5 years.

7.  A projection of available state and district revenues for the next 5 fiscal years, based upon current-year projections of state capital outlay revenues accruing to school districts and current-year levies of ss. 212.055, 236.25(2), 236.31, and 236.32 and millage voted from provisions of s. 9, Art. VII of the State Constitution, incorporating the most recent projections of the Gross Receipts, Public Educational Capital Outlay, Education, Transportation, and General Revenue Estimating Conferences; and not including any revenues accruing through impact fees, proceeds accrued from certificates of participation, or any currently unlevied portion of rate or millage authorized by s. 212.055, s. 236.25(2), s. 236.31, or s. 236.32 or s. 9, Art. VII of the State Constitution.

(4)  The clearinghouse may not enter into the day-to-day operation of the Department of Management Services or the Department of Education and is specifically prohibited from taking part in any of the following activities of a school district:

(a)  The awarding of contracts.

(b)  The selection of a consultant or contractor or the prequalification of any individual consultant or contractor. However, the clearinghouse may recommend to the commissioner standards and policies governing the procedure for selection and prequalification of consultants and contractors.

(c)  The selection of the specific location of a facility.

(5)(a)  Members of the clearinghouse are entitled to per diem and travel expenses pursuant to s. 112.061.

(b)  A member of the clearinghouse shall be subject to the Code of Ethics for Public Officers and Employees, part III of chapter 112.

(c)  The clearinghouse shall appoint an executive director who shall serve under the direction, supervision, and control of the clearinghouse. The executive director may employ staff, subject to appropriations. The executive director shall serve at the pleasure of the clearinghouse.

(d)  The clearinghouse shall develop a budget request pursuant to chapter 216. The budget request is not subject to change by the Department of Management Services but shall be submitted to the Governor and the Legislature along with the budget request of the department.

(e)  The clearinghouse and the Department of Education shall develop an interagency cooperation, collaboration, and information-sharing agreement, as necessary to work out areas of mutual concern.