235.056 Lease and lease-purchase of educational
facilities and sites. ---
(1) A board, including the Board of Regents, may lease any land,
facilities, or educational plants owned by it to any person or entity for such
term, for such rent, and upon such terms and conditions as the board
determines to be in its best interests; any such lease may provide for the
optional or binding purchase of the land, facilities, or educational plants by
the lessee upon such terms and conditions as the board determines are in its
best interests. A determination that any such land, facility, or educational
plant so leased is unnecessary for educational purposes is not a prerequisite
to the leasing or lease-purchase of such land, facility, or educational plant.
Prior to entering into or executing any such lease, a board shall consider
approval of the lease or lease-purchase agreement at a public meeting, at
which a copy of the proposed agreement in its final form shall be available
for inspection and review by the public, after due notice as required by
law.
(2)
(a) A board is authorized to rent or lease educational facilities and
sites as defined in s. 235.011. Educational facilities and sites rented or
leased for 1 year or less shall be funded through the operations budget or
funds derived from millage proceeds pursuant to s. 236.25(2). A lease
contract for 1 year or less, when extended or renewed beyond a year, becomes a
multiple-year lease. Operational funds or funds derived from millage proceeds
pursuant to s. 236.25(2) may be authorized to be expended for multiple-year
leases. All leased facilities and sites shall be inspected prior to occupancy
by the board's Uniform Building Code inspector, who shall report to the
department.
1. Beginning July 1, 1995, all newly leased spaces shall be
inspected and brought into compliance with the state minimum building code
pursuant to chapter 553, and the life safety codes pursuant to chapter 633,
prior to occupancy, using the board's operations budget or funds derived from
millage proceeds pursuant to s. 236.25(2). As an alternative, the board may
elect to comply with the State Uniform Building Code for Public Educational
Facilities Construction instead of the state minimum building code or the life
safety code, or both.
2. Plans for renovation or remodeling of leased space shall conform
to state minimum building and life safety codes for educational occupancies,
or other occupancies as appropriate, as required in chapters 553 and 633,
prior to occupancy. As an alternative, the board may elect to comply with the
State Uniform Building Code for Public Educational Facilities Construction
instead of the state minimum building code or the life safety code, or
both.
3. All leased facilities shall be inspected annually for fire safety
deficiencies in accordance with the applicable code and have corrections made
in accordance with s. 235.06. Operational funds or funds derived from millage
proceeds pursuant to s. 236.25(2) may be used to correct deficiencies in
leased space.
4. When the board declares that a public emergency exists, it may
take up to 30 days to bring the leased facility into compliance with the
requirements of State Board of Education rules.
(b) A board is authorized to lease-purchase educational facilities
and sites as defined in s. 235.011. The lease-purchase of educational
facilities and sites shall be as required by s. 235.26, be advertised for and
receive competitive proposals and be awarded to the best proposer, and be
funded using current or other funds specifically authorized by law to be used
for such purpose.
1. A district school board, by itself, or through a direct-support
organization formed pursuant to s. 237.40 or nonprofit educational
organization or a consortium of district school boards, may, in developing a
lease-purchase of educational facilities and sites provide for separately
advertising for and receiving competitive bids or proposals on the
construction of facilities and the selection of financing to provide the
lowest cost funding available, so long as the board determines that such
process would best serve the public interest and the pledged revenues are
limited to those authorized in s. 236.25(2)(e).
2. All activities and information, including lists of individual
participants, associated with agreements made pursuant to this section shall
be subject to the provisions of chapter 119 and s. 286.011.
(c)
1. The term of any lease-purchase agreement, including the initial
term and any subsequent renewals, shall not exceed the useful life of the
educational facilities and sites for which the agreement is made, or 30 years,
whichever is less.
2. The initial term or any renewal term of any lease-purchase
agreement shall expire on June 30 of each fiscal year, but may be
automatically renewed annually, subject to a board making sufficient annual
appropriations therefor. Under no circumstances shall the failure of a board
to renew a lease-purchase agreement constitute a default or require payment of
any penalty, nor in any way limit the right of a board to purchase or utilize
educational facilities and sites similar in function to the educational
facilities and sites which are the subject of the said lease-purchase
agreement. Educational facilities and sites being acquired pursuant to a
lease-purchase agreement shall be exempt from ad valorem taxation.
3. No lease-purchase agreement entered into pursuant to this
subsection shall constitute a debt, liability, or obligation of the state or a
board or shall be a pledge of the faith and credit of the state or a
board.
4. Any lease-purchase agreement entered into pursuant to this
subsection shall stipulate an annual rate which may consist of a principal
component and an interest component, provided that the maximum interest rate
of any interest component payable under any such lease-purchase agreement, or
any participation or certificated portion thereof, shall be calculated in
accordance with and be governed by the provisions of s.
215.84.
History: ss. 10, 52, ch. 81-223; s. 2, ch. 83-224; s. 1, ch. 84-349; ss. 26, 27,
ch. 85-116; ss. 1, 4, ch. 86-1; s. 35, ch. 86-145; s. 5, ch. 86-172; s. 3, ch.
87-284; s. 1, ch. 88-4; s. 4, ch. 89-226; s. 14, ch. 89-278; s. 11, ch.
90-172; s. 53, ch. 90-288; s. 2, ch. 93-241; ss. 7, 35, ch.
95-269.