Florida Senate - 2019                             CS for SB 1284
       
       
        
       By the Committee on Education; and Senators Diaz, Rodriguez,
       Taddeo, Pizzo, Braynon, Flores, and Farmer
       
       
       
       
       581-03534-19                                          20191284c1
    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 beginning
    7         in a specified school year; requiring the Department
    8         of Education to consult with specified individuals and
    9         entities during the development of the wage level
   10         index; requiring the department to complete the
   11         development and calculation of the wage level index by
   12         a specified date for application beginning in the
   13         2020-2021 fiscal year; amending s. 213.053, F.S.;
   14         conforming provisions to changes made by the act;
   15         reenacting ss. 402.22(6), 1002.37(3), 1002.71(3)(b),
   16         1003.52(13)(a), F.S., relating to the education
   17         program for students who reside in residential care
   18         facilities operated by the Department of Children and
   19         Families or the Agency for Persons with Disabilities;
   20         the Florida Virtual School; funding and financial and
   21         attendance reporting relating to the Voluntary
   22         Prekindergarten Education Program; and educational
   23         services in Department of Juvenile Justice programs,
   24         respectively, to incorporate the amendment made to s.
   25         1011.62, F.S., in references thereto; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (2) of section 1011.62, Florida
   31  Statutes, is amended to read:
   32         1011.62 Funds for operation of schools.—If the annual
   33  allocation from the Florida Education Finance Program to each
   34  district for operation of schools is not determined in the
   35  annual appropriations act or the substantive bill implementing
   36  the annual appropriations act, it shall be determined as
   37  follows:
   38         (2) DETERMINATION OF DISTRICT COST DIFFERENTIALS.—
   39         (a)Through the 2019-2020 fiscal year, the Commissioner of
   40  Education shall annually compute for each district the current
   41  year’s district cost differential. The district cost
   42  differential shall be calculated by adding each district’s price
   43  level index as published in the Florida Price Level Index for
   44  the most recent 3 years and dividing the resulting sum by 3. The
   45  result for each district shall be multiplied by 0.008 and to the
   46  resulting product shall be added 0.200; the sum thus obtained
   47  shall be the cost differential for that district for that year.
   48         (b) Beginning in the 2020-2021 fiscal year, the district
   49  cost differential shall be calculated by multiplying the most
   50  recent 3-year average wage level index for each school district
   51  by 0.008 and then adding 0.200 to the product. The data for the
   52  most recent 3 years must include, but is not limited to, county
   53  level wage index data and occupational-level wage index data.
   54  During the development of the wage level index, the Department
   55  of Education shall consult with informed stakeholders, including
   56  school districts, industry representatives, the Department of
   57  Economic Opportunity, and academic and private sector experts in
   58  econometric modeling and data. The Department of Education shall
   59  develop and calculate the wage level index by January 1, 2020.
   60         Section 2. Paragraphs (a) and (d) of subsection (7) of
   61  section 213.053, Florida Statutes, are amended to read:
   62         213.053 Confidentiality and information sharing.—
   63         (7)(a) Any information received by the Department of
   64  Revenue in connection with the administration of taxes,
   65  including, but not limited to, information contained in returns,
   66  reports, accounts, or declarations filed by persons subject to
   67  tax, shall be made available to the following in performance of
   68  their official duties:
   69         1. The Auditor General or his or her authorized agent;
   70         2. The director of the Office of Program Policy Analysis
   71  and Government Accountability or his or her authorized agent;
   72         3. The Chief Financial Officer or his or her authorized
   73  agent;
   74         4. The Director of the Office of Insurance Regulation of
   75  the Financial Services Commission or his or her authorized
   76  agent;
   77         5. A property appraiser or tax collector or their
   78  authorized agents pursuant to s. 195.084(1);
   79         6. Designated employees of the Department of Education
   80  solely for determination of each school district’s price level
   81  index pursuant to s. 1011.62(2);
   82         6.7. The executive director of the Department of Economic
   83  Opportunity or his or her authorized agent;
   84         7.8. The taxpayers’ rights advocate or his or her
   85  authorized agent pursuant to s. 20.21(3); and
   86         8.9. The coordinator of the Office of Economic and
   87  Demographic Research or his or her authorized agent.
   88         (d) For the purpose of this subsection, “designated
   89  employees of the Department of Education” means only those
   90  employees directly responsible for calculation of price level
   91  indices pursuant to s. 1011.62(2). It does not include the
   92  supervisors of such employees or any other employees or elected
   93  officials within the Department of Education.
   94         Section 3. For the purpose of incorporating the amendment
   95  made by this act to section 1011.62, Florida Statutes, in a
   96  reference thereto, subsection (6) of section 402.22, Florida
   97  Statutes, is reenacted to read:
   98         402.22 Education program for students who reside in
   99  residential care facilities operated by the Department of
  100  Children and Families or the Agency for Persons with
  101  Disabilities.—
  102         (6) Notwithstanding the provisions of s. 1001.42(4)(n), the
  103  educational program at the Marianna Sunland Center in Jackson
  104  County shall be operated by the Department of Education, either
  105  directly or through grants or contractual agreements with other
  106  public educational agencies. The annual state allocation to any
  107  such agency shall be computed pursuant to s. 1011.62(1), (2),
  108  and (6) and allocated in the amount that would have been
  109  provided the local school district in which the residential
  110  facility is located.
  111         Section 4. For the purpose of incorporating the amendment
  112  made by this act to section 1011.62, Florida Statutes, in a
  113  reference thereto, subsection (3) of section 1002.37, Florida
  114  Statutes, is reenacted to read:
  115         1002.37 The Florida Virtual School.—
  116         (3) Funding for the Florida Virtual School shall be
  117  provided as follows:
  118         (a)1. The calculation of “full-time equivalent student”
  119  shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject
  120  to s. 1011.61(4).
  121         2. For a student in a home education program, funding shall
  122  be provided in accordance with this subsection upon course
  123  completion if the parent verifies, upon enrollment for each
  124  course, that the student is registered with the school district
  125  as a home education student pursuant to s. 1002.41(1)(a).
  126         (b) Full-time equivalent student credit completed through
  127  the Florida Virtual School, including credits completed during
  128  the summer, shall be reported to the Department of Education in
  129  the manner prescribed by the department and shall be funded
  130  through the Florida Education Finance Program.
  131         (c) School districts may not limit student access to
  132  courses offered through the Florida Virtual School.
  133         (d) Full-time equivalent student credit completion for
  134  courses offered through the Florida Virtual School shall be
  135  reported only by the Florida Virtual School. School districts
  136  shall report full-time equivalent student membership only for
  137  courses for which the district provides the instruction. Courses
  138  delivered by the Florida Virtual School on a public school
  139  campus shall be reported only by the school district in which
  140  the student is enrolled.
  141         (e) The district cost differential as provided in s.
  142  1011.62(2) shall be established as 1.000.
  143         (f) The Florida Virtual School shall receive funds for
  144  operating purposes in an amount determined as follows: multiply
  145  the maximum allowable nonvoted discretionary millage for
  146  operations pursuant to s. 1011.71(1) and (3) by the value of 96
  147  percent of the current year’s taxable value for school purposes
  148  for the state; divide the result by the total full-time
  149  equivalent membership of the state; and multiply the result by
  150  the full-time equivalent membership of the school. The amount
  151  thus obtained shall be discretionary operating funds and shall
  152  be appropriated from state funds in the General Appropriations
  153  Act.
  154         (g) The Florida Virtual School shall receive additional
  155  state funds as may be provided in the General Appropriations
  156  Act; however, such funds may not be provided for the purpose of
  157  fulfilling the class size requirements in ss. 1003.03 and
  158  1011.685.
  159         (h) In addition to the funds provided in the General
  160  Appropriations Act, the Florida Virtual School may receive other
  161  funds from grants and donations.
  162         Section 5. For the purpose of incorporating the amendment
  163  made by this act to section 1011.62, Florida Statutes, in a
  164  reference thereto, paragraph (b) of subsection (3) of section
  165  1002.71, Florida Statutes, is reenacted to read:
  166         1002.71 Funding; financial and attendance reporting.—
  167         (3)
  168         (b) Each county’s allocation per full-time equivalent
  169  student in the Voluntary Prekindergarten Education Program shall
  170  be calculated annually by multiplying the base student
  171  allocation provided in the General Appropriations Act by the
  172  county’s district cost differential provided in s. 1011.62(2).
  173  Each private prekindergarten provider and public school shall be
  174  paid in accordance with the county’s allocation per full-time
  175  equivalent student.
  176         Section 6. For the purpose of incorporating the amendment
  177  made by this act to section 1011.62, Florida Statutes, in a
  178  reference thereto, paragraph (a) of subsection (13) of section
  179  1003.52, Florida Statutes, is reenacted to read:
  180         1003.52 Educational services in Department of Juvenile
  181  Justice programs.—
  182         (13)(a) Funding for eligible students enrolled in juvenile
  183  justice education programs shall be provided through the Florida
  184  Education Finance Program as provided in s. 1011.62 and the
  185  General Appropriations Act. Funding shall include, at a minimum:
  186         1. Weighted program funding or the basic amount for current
  187  operation multiplied by the district cost differential as
  188  provided in s. 1011.62(2);
  189         2. The supplemental allocation for juvenile justice
  190  education as provided in s. 1011.62(10);
  191         3. A proportionate share of the district’s exceptional
  192  student education guaranteed allocation, the supplemental
  193  academic instruction allocation, and the instructional materials
  194  allocation;
  195         4. An amount equivalent to the proportionate share of the
  196  state average potential discretionary local effort for
  197  operations, which shall be determined as follows:
  198         a. If the district levies the maximum discretionary local
  199  effort and the district’s discretionary local effort per FTE is
  200  less than the state average potential discretionary local effort
  201  per FTE, the proportionate share shall include both the
  202  discretionary local effort and the compression supplement per
  203  FTE. If the district’s discretionary local effort per FTE is
  204  greater than the state average per FTE, the proportionate share
  205  shall be equal to the state average; or
  206         b. If the district does not levy the maximum discretionary
  207  local effort and the district’s actual discretionary local
  208  effort per FTE is less than the state average potential
  209  discretionary local effort per FTE, the proportionate share
  210  shall be equal to the district’s actual discretionary local
  211  effort per FTE. If the district’s actual discretionary local
  212  effort per FTE is greater than the state average per FTE, the
  213  proportionate share shall be equal to the state average
  214  potential local effort per FTE; and
  215         5. A proportionate share of the district’s proration to
  216  funds available, if necessary.
  217         Section 7. This act shall take effect July 1, 2019.