Education Facilities Insider Newsletter - May 2010
May 28, 2010
Can a Superintendent Have His Paycheck Withheld Because of an Educational Plant Survey?
Frequently in my travels around the State I am asked, "What happens if I don't get my Educational Plant Survey submitted on time?" A recently published OPPAGA report pointed out the vulnerability that exists due to the lack of statutory authority for granting extensions for Educational Plant Surveys. The Florida Statutes expressly grant DOE authority to withhold salaries of district superintendents who fail to file reports on time (F.S s/1001.42(13)(b)). However, to date, DOE has not exercised this option for late Educational Plant Surveys (EPS). In recognition of this gap in the Statutes, the 2010 Legislature quietly formulated a bill that would have provided a solution for this relatively small risk. CS/HB 1233 would have amended Chapter 1013.31 to include section (e) "Request for extension." A 180 day extension would have been authorized to be granted up to four times.
However, as quietly as it was introduced, the bill quietly died on the Senate calendar on the evening of April 30, without a vote, despite making it through the second reading, and through the House. What does this mean to Districts that were hoping for an extension to their Survey expiration deadline this year? The extensions that DOE currently grant from time to time do not extend the authority of Districts to contract for new construction projects that are tied to State Funds. Even the passage of the bill would not have changed this. Locally bonded projects and half cent sales tax projects don't require EPS approval, but superintendents are ultimately responsible for timely submittals. The EPS is the authorizing document for the expenditure of local millage and State construction funds.
Click here to request the OPPAGA Research Memorandum.
When does my Educational Plant Survey really expire?
Recent inquiries to DOE by several Districts have revealed some discrepancies between the perceived due dates and the actual due dates. In many cases, the districts have learned that they had more time to complete their surveys!
According to the DOE Survey User Manual "all educational plant surveys are valid for five full years and expire on June 30 of the fifth full year from the beginning date of the survey. For example, a survey approved in October will be valid through the remaining fiscal year and for five full years beginning on the following July 1; effectively, this makes the survey approved in October valid for five years and eight months. By the same scenario, a survey approved in May will be valid through the remaining fiscal year and for five full years beginning on the following July 1; effectively, this makes the survey approved in May valid for five years and one month."
Tips on Educational Plant Surveys
As DOE continues to electronically link FISH, Surveys, Five-year Work Plans, and soon, 208a Forms, keeping a district's Educational Plant Survey and Survey Amendments current is becoming increasingly important. Already, when a district attempts to add a new building to FISH, a drop down menu listing the EPS in which it could have been approved is generated. If it was not Survey-approved, a box must be checked, "Not Survey Recommended." What are the consequences of not having Survey-approval? According to DOE, these projects may be subject to "audit criticism."
DOE has also made it clear to Districts that they are not interested in approving projects that are already under contract. Logically, this is reasonable, since the authorizing document for expenditures is the Educational Plant Survey! Furthermore, when a construction contract is issued, new construction is supposed to be added to FISH. It is difficult to make a recommendation for spaces that are already supposed to be in FISH!
The Statutes require that DOE conducts an onsite review of 5 percent of a district's FISH in the year that the EPS is approved. If they find that FISH data is not 95% accurate, the district must conduct validation for all their facilities within a year, or risk having capital outlay funds withheld. Experience has shown that the place where districts are most vulnerable to fail their "FISH validation" is inaccuracies in the square footage of covered walkways!
FREE TRAINING - Linking FISH to Funding
"Linking FISH to Funding" is a 1-hour interactive presentation led by Fran Pickett, REFP (Recognized Educational Professional) and other BRPH Staff. Topics include: Understanding Educational Plant Surveys; Annual FISH Certification; Five-Year Work Plans; SREF; and Castaldi Analysis. Participants will leave the session with a keener understanding of the regulatory requirements and processes for implementation of Educational Facility Plans. The interactive and sometimes whimsical presentation is an easy way for facilities staff, board members and superintendents to gain expertise in what can otherwise be a "dull" subject area. Certified Board Member (CBM) points available; AIA CEU pending.
In addition to presentations in BRPH's Florida offices, BRPH can also bring this free training program to your location for groups of four or more. To arrange training at your location or to RSVP for a session below, contact Fran Pickett at fpickett@brph.com or (321)751-3071. Currently scheduled presentations are:
Melbourne, Florida - June 10, 2010 5:00 pm (refreshments)
Fran Pickett, REFP, Vice President, Education
5700 North Harbor City Blvd (US 1)
Melbourne, FL 32940
(321) 254-7666
Orlando, Florida - June 15, 2010 Noon (lunch)
Craig DeLoy, AIA, Manager Central Florida Operations
3670 Maguire Blvd. Suite 300
Orlando, FL 32803
(407) 896-9301
West Palm, Florida - June 24, 2010 5:00 pm (refreshments)
Cris Vigil, P.E. LEED A.P., Senior Vice President, Education
1475 East Centrepark Blvd. Suite 275
West Palm Beach, FL 33401
(561) 616-5878
