Florida Senate - 2019                                    SB 1284
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00620A-19                                          20191284__
    1                        A bill to be entitled                      
    2         An act relating to the district cost differential;
    3         amending s. 1011.62, F.S.; revising the method of
    4         calculating the district cost differential used in
    5         determining the annual allocation to school districts
    6         from the Florida Education Finance Program; requiring
    7         the Department of Education to consult with specified
    8         individuals and entities during the development of the
    9         wage level index; amending s. 213.053, F.S.;
   10         conforming provisions to changes made by the act;
   11         reenacting ss. 402.22(6), 1002.37(3), 1002.71(3)(b),
   12         1003.52(13)(a), F.S., relating to the education
   13         program for students who reside in residential care
   14         facilities operated by the Department of Children and
   15         Families or the Agency for Persons with Disabilities;
   16         the Florida Virtual School; funding and financial and
   17         attendance reporting relating to the Voluntary
   18         Prekindergarten Education Program; and educational
   19         services in Department of Juvenile Justice programs,
   20         respectively, to incorporate the amendment made to s.
   21         1011.62, F.S., in references thereto; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (2) of section 1011.62, Florida
   27  Statutes, is amended to read:
   28         1011.62 Funds for operation of schools.—If the annual
   29  allocation from the Florida Education Finance Program to each
   30  district for operation of schools is not determined in the
   31  annual appropriations act or the substantive bill implementing
   32  the annual appropriations act, it shall be determined as
   33  follows:
   34         (2) DETERMINATION OF DISTRICT COST DIFFERENTIALS.—The
   35  Commissioner of Education shall annually compute for each
   36  district the current year’s district cost differential. The
   37  district cost differential shall be calculated by multiplying
   38  the most recent 3-year average wage level index for each school
   39  district by 0.008 and then adding 0.200 to the product. The data
   40  for the most recent 3 years must include, but is not limited to,
   41  county-level wage index data and occupational-level wage index
   42  data. During the development of the wage level index, the
   43  Department of Education shall consult with informed
   44  stakeholders, including school districts, industry
   45  representatives, the Department of Economic Opportunity, and
   46  academic and private sector experts in econometric modeling and
   47  data adding each district’s price level index as published in
   48  the Florida Price Level Index for the most recent 3 years and
   49  dividing the resulting sum by 3. The result for each district
   50  shall be multiplied by 0.008 and to the resulting product shall
   51  be added 0.200; the sum thus obtained shall be the cost
   52  differential for that district for that year.
   53         Section 2. Paragraphs (a) and (d) of subsection (7) of
   54  section 213.053, Florida Statutes, are amended to read:
   55         213.053 Confidentiality and information sharing.—
   56         (7)(a) Any information received by the Department of
   57  Revenue in connection with the administration of taxes,
   58  including, but not limited to, information contained in returns,
   59  reports, accounts, or declarations filed by persons subject to
   60  tax, shall be made available to the following in performance of
   61  their official duties:
   62         1. The Auditor General or his or her authorized agent;
   63         2. The director of the Office of Program Policy Analysis
   64  and Government Accountability or his or her authorized agent;
   65         3. The Chief Financial Officer or his or her authorized
   66  agent;
   67         4. The Director of the Office of Insurance Regulation of
   68  the Financial Services Commission or his or her authorized
   69  agent;
   70         5. A property appraiser or tax collector or their
   71  authorized agents pursuant to s. 195.084(1);
   72         6. Designated employees of the Department of Education
   73  solely for determination of each school district’s price level
   74  index pursuant to s. 1011.62(2);
   75         6.7. The executive director of the Department of Economic
   76  Opportunity or his or her authorized agent;
   77         7.8. The taxpayers’ rights advocate or his or her
   78  authorized agent pursuant to s. 20.21(3); and
   79         8.9. The coordinator of the Office of Economic and
   80  Demographic Research or his or her authorized agent.
   81         (d) For the purpose of this subsection, “designated
   82  employees of the Department of Education” means only those
   83  employees directly responsible for calculation of price level
   84  indices pursuant to s. 1011.62(2). It does not include the
   85  supervisors of such employees or any other employees or elected
   86  officials within the Department of Education.
   87         Section 3. For the purpose of incorporating the amendment
   88  made by this act to section 1011.62, Florida Statutes, in a
   89  reference thereto, subsection (6) of section 402.22, Florida
   90  Statutes, is reenacted to read:
   91         402.22 Education program for students who reside in
   92  residential care facilities operated by the Department of
   93  Children and Families or the Agency for Persons with
   94  Disabilities.—
   95         (6) Notwithstanding the provisions of s. 1001.42(4)(n), the
   96  educational program at the Marianna Sunland Center in Jackson
   97  County shall be operated by the Department of Education, either
   98  directly or through grants or contractual agreements with other
   99  public educational agencies. The annual state allocation to any
  100  such agency shall be computed pursuant to s. 1011.62(1), (2),
  101  and (6) and allocated in the amount that would have been
  102  provided the local school district in which the residential
  103  facility is located.
  104         Section 4. For the purpose of incorporating the amendment
  105  made by this act to section 1011.62, Florida Statutes, in a
  106  reference thereto, subsection (3) of section 1002.37, Florida
  107  Statutes, is reenacted to read:
  108         1002.37 The Florida Virtual School.—
  109         (3) Funding for the Florida Virtual School shall be
  110  provided as follows:
  111         (a)1. The calculation of “full-time equivalent student”
  112  shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject
  113  to s. 1011.61(4).
  114         2. For a student in a home education program, funding shall
  115  be provided in accordance with this subsection upon course
  116  completion if the parent verifies, upon enrollment for each
  117  course, that the student is registered with the school district
  118  as a home education student pursuant to s. 1002.41(1)(a).
  119         (b) Full-time equivalent student credit completed through
  120  the Florida Virtual School, including credits completed during
  121  the summer, shall be reported to the Department of Education in
  122  the manner prescribed by the department and shall be funded
  123  through the Florida Education Finance Program.
  124         (c) School districts may not limit student access to
  125  courses offered through the Florida Virtual School.
  126         (d) Full-time equivalent student credit completion for
  127  courses offered through the Florida Virtual School shall be
  128  reported only by the Florida Virtual School. School districts
  129  shall report full-time equivalent student membership only for
  130  courses for which the district provides the instruction. Courses
  131  delivered by the Florida Virtual School on a public school
  132  campus shall be reported only by the school district in which
  133  the student is enrolled.
  134         (e) The district cost differential as provided in s.
  135  1011.62(2) shall be established as 1.000.
  136         (f) The Florida Virtual School shall receive funds for
  137  operating purposes in an amount determined as follows: multiply
  138  the maximum allowable nonvoted discretionary millage for
  139  operations pursuant to s. 1011.71(1) and (3) by the value of 96
  140  percent of the current year’s taxable value for school purposes
  141  for the state; divide the result by the total full-time
  142  equivalent membership of the state; and multiply the result by
  143  the full-time equivalent membership of the school. The amount
  144  thus obtained shall be discretionary operating funds and shall
  145  be appropriated from state funds in the General Appropriations
  146  Act.
  147         (g) The Florida Virtual School shall receive additional
  148  state funds as may be provided in the General Appropriations
  149  Act; however, such funds may not be provided for the purpose of
  150  fulfilling the class size requirements in ss. 1003.03 and
  151  1011.685.
  152         (h) In addition to the funds provided in the General
  153  Appropriations Act, the Florida Virtual School may receive other
  154  funds from grants and donations.
  155         Section 5. For the purpose of incorporating the amendment
  156  made by this act to section 1011.62, Florida Statutes, in a
  157  reference thereto, paragraph (b) of subsection (3) of section
  158  1002.71, Florida Statutes, is reenacted to read:
  159         1002.71 Funding; financial and attendance reporting.—
  160         (3)
  161         (b) Each county’s allocation per full-time equivalent
  162  student in the Voluntary Prekindergarten Education Program shall
  163  be calculated annually by multiplying the base student
  164  allocation provided in the General Appropriations Act by the
  165  county’s district cost differential provided in s. 1011.62(2).
  166  Each private prekindergarten provider and public school shall be
  167  paid in accordance with the county’s allocation per full-time
  168  equivalent student.
  169         Section 6. For the purpose of incorporating the amendment
  170  made by this act to section 1011.62, Florida Statutes, in a
  171  reference thereto, paragraph (a) of subsection (13) of section
  172  1003.52, Florida Statutes, is reenacted to read:
  173         1003.52 Educational services in Department of Juvenile
  174  Justice programs.—
  175         (13)(a) Funding for eligible students enrolled in juvenile
  176  justice education programs shall be provided through the Florida
  177  Education Finance Program as provided in s. 1011.62 and the
  178  General Appropriations Act. Funding shall include, at a minimum:
  179         1. Weighted program funding or the basic amount for current
  180  operation multiplied by the district cost differential as
  181  provided in s. 1011.62(2);
  182         2. The supplemental allocation for juvenile justice
  183  education as provided in s. 1011.62(10);
  184         3. A proportionate share of the district’s exceptional
  185  student education guaranteed allocation, the supplemental
  186  academic instruction allocation, and the instructional materials
  187  allocation;
  188         4. An amount equivalent to the proportionate share of the
  189  state average potential discretionary local effort for
  190  operations, which shall be determined as follows:
  191         a. If the district levies the maximum discretionary local
  192  effort and the district’s discretionary local effort per FTE is
  193  less than the state average potential discretionary local effort
  194  per FTE, the proportionate share shall include both the
  195  discretionary local effort and the compression supplement per
  196  FTE. If the district’s discretionary local effort per FTE is
  197  greater than the state average per FTE, the proportionate share
  198  shall be equal to the state average; or
  199         b. If the district does not levy the maximum discretionary
  200  local effort and the district’s actual discretionary local
  201  effort per FTE is less than the state average potential
  202  discretionary local effort per FTE, the proportionate share
  203  shall be equal to the district’s actual discretionary local
  204  effort per FTE. If the district’s actual discretionary local
  205  effort per FTE is greater than the state average per FTE, the
  206  proportionate share shall be equal to the state average
  207  potential local effort per FTE; and
  208         5. A proportionate share of the district’s proration to
  209  funds available, if necessary.
  210         Section 7. This act shall take effect July 1, 2019.