Senate Bill sb1436

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    Florida Senate - 2003                                  SB 1436

    By Senator Carlton





    23-1439A-03

  1                      A bill to be entitled

  2         An act relating to implementation of Amendment

  3         9 to the State Constitution (November 2002

  4         election); providing a short title; creating s.

  5         1011.685, F.S.; establishing the Classrooms for

  6         Kids operating categorical; providing for the

  7         use of the funds by school districts; creating

  8         s. 1013.735, F.S.; establishing the Classrooms

  9         for Kids Program; providing for the allocation

10         of funds; providing requirements for district

11         participation in the program; providing for the

12         use of the funds; providing for pledges and

13         bond validation of the funds; providing for

14         cash payment in the use of the funds; creating

15         the Class Size Reduction Small County

16         Assistance Program; providing for the program

17         to provide funds to certain counties to assist

18         in implementing class size reduction; requiring

19         the Department of Education to administer the

20         program; providing an appropriation; providing

21         an appropriation to the School Infrastructure

22         Thrift Program; creating s. 1013.736, F.S.;

23         establishing the District Equity Recognition

24         Program; providing an appropriation; providing

25         for allocation of the appropriation on a 5-year

26         basis; providing for eligibility for school

27         district participation; establishing a district

28         equity ratio for purposes of calculating the

29         allocation for the program; providing for the

30         use of the funds; creating s. 1013.737, F.S.;

31         establishing the Class Size Reduction Lottery

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 1         Revenue Bond Program; authorizing the issuance

 2         of revenue bonds to finance or refinance the

 3         construction, acquisition, reconstruction, or

 4         renovation of educational facilities;

 5         specifying that the bonds are payable from

 6         first proceeds of lottery revenues transferred

 7         to the Educational Enhancement Trust Fund;

 8         establishing a covenant with bondholders to not

 9         materially and adversely affect their rights;

10         providing for issuance of the bonds by the

11         Division of Bond Finance on behalf of the

12         Department of Education; limiting the total

13         amount of such bonds issued; providing for

14         deposit of bond proceeds in the Lottery Capital

15         Outlay and Debt Service Trust Fund; providing

16         for the filing of complaints for validation;

17         providing for timely encumbrances of authorized

18         projects; amending s. 203.01, F.S.; increasing

19         the tax rate on the tax on gross receipts of

20         communications services; amending s. 202.12,

21         F.S.; reducing the tax rate on the tax on the

22         sales of communications services; amending s.

23         202.18, F.S.; revising the distributions of the

24         tax on the sales of communications services;

25         amending s. 212.20, F.S.; revising the

26         distributions of sales tax revenue to local

27         governments; amending s. 215.61, F.S.; revising

28         the determination of the amount of bonds

29         serviced by proceeds of the gross receipts tax

30         levied and collected pursuant to ch. 203, F.S.;

31         amending s. 24.121, F.S.; removing limitations

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 1         on lottery revenues that may be pledged to the

 2         payment of debt service; amending s. 1002.37,

 3         F.S.; revising reporting requirements for the

 4         board of trustees of the Florida Virtual

 5         School; providing for funding the Florida

 6         Virtual School within the Florida Education

 7         Finance Program; providing for the

 8         determination of a credit; eliminating obsolete

 9         provisions; amending s. 1011.24, F.S.;

10         designating the Florida Virtual School as a

11         special school district; amending s. 1011.61,

12         F.S.; redefining the term "full-time equivalent

13         student" to include a Florida Virtual School

14         student; providing for membership to exceed

15         certain maximum days of instruction; providing

16         for severability; providing an effective date.

17  

18         WHEREAS, in 1998 the voters approved an amendment to

19  Section 1, Article IX of the State Constitution that required

20  the Legislature to establish by law a uniform, efficient,

21  safe, secure, and high-quality system of free public schools

22  that allows students to obtain a high-quality education, and

23         WHEREAS, in 2002 the voters of Florida approved a

24  further amendment to Section 1, Article IX of the State

25  Constitution to assure that students obtain a high-quality

26  education, and

27         WHEREAS, the voters defined a high-quality education

28  as, by 2010 a prekindergarten through grade 3 core-curricula

29  class size of no more than 18 students assigned to a teacher,

30  a grade 4 through grade 8 core-curricula class size of no more

31  than 22 students assigned to a teacher, and a grade 9 through

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 1  grade 12 core-curricula class size of no more than 25 students

 2  assigned to a teacher, and

 3         WHEREAS, Section 1, Article IX of the State

 4  Constitution further requires that such reduced class sizes be

 5  accomplished through a system that is both efficient and

 6  uniform, and

 7         WHEREAS, there are a number of ways that the

 8  Legislature could implement the provisions of Amendment 9 to

 9  Section 1, Article IX of the State Constitution, and

10         WHEREAS, the Legislature has chosen to focus on student

11  achievement, provide clarity of goals, allow flexibility to

12  reach those goals, recognize issues relating to equity of

13  implementation, and require accountability to meet the

14  standards set forth in the State Constitution, NOW, THEREFORE,

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Sections 2 and 3 of this act may be cited

19  as the "Class Size Reduction Act."

20         Section 2.  Section 1011.685, Florida Statutes, is

21  created to read:

22         1011.685  Classrooms for Kids operating categorical.--

23         (1)  ALLOCATION.--The department shall allocate to each

24  district an amount prescribed by the Legislature for

25  implementing the class-size-reduction provisions of s. 1, Art.

26  IX of the State Constitution. The funds appropriated in this

27  categorical shall be prorated among all school districts based

28  upon each district's proportion of the Florida Education

29  Finance Program base funding.

30         (2)  USE OF FUNDS.--Classrooms for Kids operating

31  categorical funds shall be used for the following:

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 1         (a)  School districts that do not meet the

 2  constitutional class size maximum caps described in s.

 3  1003.03(1), or the two-student-per-year reduction goals

 4  established for the district by the department pursuant to s.

 5  1003.03(2), may use the funds in any lawful manner to reduce

 6  class size but should give priority in the use of the funds to

 7  hire or compensate classroom teachers as defined in s.

 8  1012.01(2)(a).

 9         (b)  School districts that meet the constitutional

10  class size maximum caps described in s. 1003.03(1) or the

11  two-student-per-year reduction goals established for the

12  district by the department pursuant to s. 1003.03(2) may use

13  the funds for any lawful operating expenditure but should give

14  priority in the use of the funds to increase the salaries of

15  classroom teachers as defined in s. 1012.01(2)(a).

16         Section 3.  Section 1013.735, Florida Statutes, is

17  created to read:

18         1013.735  Classrooms for Kids Program.--

19         (1)  ALLOCATION.--The department shall allocate funds

20  appropriated for the Classrooms for Kids Program. It is the

21  intent of the Legislature that this program be administered as

22  nearly as practicable in the same manner as the capital outlay

23  program authorized under s. 9(d), Art. XII of the State

24  Constitution. Each district school board's share of the annual

25  appropriation for the Classrooms for Kids Program must be

26  calculated according to the following formula, but the share

27  of each district shall, at a minimum, be at least equal to the

28  amount required for all payments of the district relating to

29  bonds issued by the state on its behalf:

30         (a)  Twenty-five percent of the appropriation shall be

31  prorated to the districts based on each district's percentage

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 1  of base capital outlay full-time equivalent membership, and 65

 2  percent shall be based on each district's percentage of growth

 3  capital outlay full-time equivalent membership as specified

 4  for the allocation of funds from the Public Education Capital

 5  Outlay and Debt Service Trust Fund by s. 1013.64(3).

 6         (b)  Ten percent of the appropriation must be allocated

 7  among district school boards according to the allocation

 8  formula in s. 1013.64(1)(a).

 9         (2)  DISTRICT PARTICIPATION.--In order to participate

10  in the Classrooms for Kids Program, a district school board

11  shall:

12         (a)  Enter into an interlocal agreement pursuant to s.

13  1013.33.

14         (b)  Certify that the district's inventory of

15  facilities listed in the Florida Inventory of School Houses is

16  accurate and up-to-date pursuant to s. 1013.31.

17         (3)  USE OF FUNDS.--In order to increase capacity to

18  reduce class size, a district school board shall expend the

19  funds received pursuant to this section only to:

20         (a)  Construct, renovate, remodel, repair, or maintain

21  educational facilities that are in excess of projects

22  identified in the district's 5-year work program;

23         (b)  Purchase or lease-purchase relocatable facilities

24  that are in excess of relocatables identified in the

25  district's 5-year work program;

26         (c)  Pay debt service on bonds issued pursuant to this

27  section, the proceeds of which must be expended for new

28  construction, remodeling, renovation, and major repairs that

29  are in excess of projects identified in the district's 5-year

30  work program; or

31  

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 1         (d)  Hire or supplement the salaries of classroom

 2  teachers as defined in s. 1012.01(2)(a) pursuant to subsection

 3  (6).

 4         (4)  PLEDGES.--Each district school board that pledges

 5  moneys under paragraph (3)(c) shall notify the Department of

 6  Education of its election at a time set by the department;

 7  however, the initial notification shall be by September 2003.

 8  The Department of Education shall review the proposal of each

 9  district school board for compliance with this section and

10  shall forward all approved proposals to the Division of Bond

11  Finance with a request that the division issue bonds on behalf

12  of the approved school districts. The Division of Bond Finance

13  shall pool the pledges from all school districts making the

14  election in that year and shall issue the bonds on behalf of

15  the districts for a period not to exceed the distributions to

16  be received under s. 24.121(2). The bonds must be issued in

17  accordance with s. 11(d), Art. VII of the State Constitution,

18  and each project to be constructed with the proceeds of bonds

19  is hereby approved as provided in s. 11(e), Art. VII of the

20  State Constitution. The bonds shall be issued pursuant to the

21  State Bond Act to the extent not inconsistent with this

22  section.

23         (5)  BOND VALIDATION.--Bonds issued under this section

24  must be validated as prescribed by chapter 75. The complaint

25  for the validation must be filed in the circuit court of the

26  county where the seat of state government is situated; the

27  notice required to be published by s. 75.06 must be published

28  only in the county where the complaint is filed; and the

29  complaint and order of the circuit court must be served only

30  on the state attorney of the circuit in which the action is

31  pending. The state covenants with holders of bonds issued

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 1  under this section that it will not take any action that will

 2  materially and adversely affect the rights of such holders so

 3  long as such bonds are outstanding.

 4         (6)  CRITERIA FOR CASH PAYMENT.--A school district may

 5  only receive a cash distribution of non-PECO funds for use

 6  pursuant to paragraph (3)(d) if the district school board

 7  certifies to the Commissioner of Education that the district

 8  has met the constitutional class size maximum caps described

 9  in s. 1003.03(1).

10         Section 4.  Class Size Reduction Small County

11  Assistance Program for the 2004-2005 fiscal year.--There is

12  established the Class Size Reduction Small County Assistance

13  Program for the 2004-2005 fiscal year.

14         (1)  The purpose of the program is to provide funds to

15  school districts in small counties to assist in implementing

16  class size reduction. The program is intended to supplement

17  the Special Facility Construction Account authorized in

18  section 1013.64(2)(a), Florida Statutes, and does not affect

19  any award under that account. However, a school district may

20  not receive an award from this program and the Special

21  Facility Construction Account in the same fiscal year.

22         (2)  The program shall be administered by the

23  Department of Education and shall use the procedures

24  established in section 1013.64(2)(a)1.-12., Florida Statutes,

25  relating to the Special Facility Construction Account.

26         (3)  The sum of $30 million is appropriated from the

27  Public Education Capital Outlay and Debt Service Trust Fund to

28  the Department of Education for the 2004-2005 fiscal year for

29  the purpose of implementing this program.

30  

31  

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 1         (4)  As used in this section, the term "small county"

 2  means any county that has an unincarcerated population of

 3  75,000 or fewer according to the most recent decennial census.

 4         Section 5.  The sum of $100 million is appropriated

 5  from the Public Education Capital Outlay and Debt Service

 6  Trust Fund to the Department of Education for the 2003-2004

 7  fiscal year. The purpose of this appropriation is to fund

 8  awards under the School Infrastructure Thrift (SIT) Program

 9  pursuant to sections 1013.42 and 1013.72, Florida Statutes.

10  The funds appropriated in this section are not subject to the

11  provisions of section 216.301, Florida Statutes.

12         Section 6.  Effective upon this act becoming a law,

13  section 1013.736, Florida Statutes, is created to read:

14         1013.736  District Equity Recognition Program.--

15         (1)  RECOGNITION FUNDS.--The sum of $500 million is

16  appropriated from the Public Education Capital Outlay and Debt

17  Service Trust Fund for district equity recognition grants. The

18  amounts of funds authorized for district equity recognition

19  grant awards are $50 million, $75 million, $100 million, $125

20  million and $150 million, in years 1, 2, 3, 4, and 5,

21  respectively. The funds appropriated in this section are not

22  subject to the provisions of s. 216.301.

23         (2)  ELIGIBILITY.--Annually, the Department of

24  Education shall determine each district's compliance with the

25  provisions of s. 1003.03 and determine the district's

26  eligibility to receive a district equity recognition grant for

27  local school facilities projects pursuant to this section.

28  Districts shall be eligible for a district equity recognition

29  grant based upon participation in any of the following:

30         (a)  The district levies a half-cent local option

31  school sales surtax authorized in s. 212.055(7).

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 1         (b)  The district participates in the levy of the local

 2  government infrastructure sales surtax authorized in s.

 3  212.055(2).

 4         (c)  The district levies voted millage for capital

 5  outlay purposes as authorized in s. 9, Art. VII of the State

 6  Constitution.

 7         (3)  DISTRICT EQUITY RATIO.--The department shall

 8  annually calculate a district equity ratio for each district

 9  by September 1 after each fiscal year. The ratio shall be

10  defined as the sum of three products. Each product represents

11  the amount of revenue for the prior year from each revenue

12  levied as described in subsection (2) divided by 12,

13  multiplied by the number of authorized months remaining in

14  each voter referendum. The number of months remaining shall be

15  calculated as complete months after the last day of the prior

16  fiscal year. The Department of Revenue shall report the amount

17  of voter-approved revenue described in subsection (2). Only

18  the amount of voter-approved revenue described in paragraph

19  (2)(b) which has been identified for district fixed capital

20  outlay from the prior fiscal year shall be used in calculating

21  the district equity ratio.

22         (4)  ALLOCATION AND DISTRIBUTION OF FUNDS.--The

23  department shall allocate the annual amount of funds provided

24  among all eligible districts based upon the district's

25  proportion of the funds as determined by the district's equity

26  ratio. Funds shall be distributed once a district has

27  encumbered the funds.

28         (5)  USE OF FUNDS.--School districts that do not meet

29  the constitutional class size maximum caps described in s.

30  1003.03(1) must use the funds for capital outlay to reduce

31  class size. School districts that meet the constitutional

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 1  class size maximum caps may use the funds for any lawful

 2  capital outlay purpose.

 3         Section 7.  Section 1013.737, Florida Statutes, is

 4  created to read:

 5         1013.737  The Class Size Reduction Lottery Revenue Bond

 6  Program.--There is established the Class Size Reduction

 7  Lottery Revenue Bond Program.

 8         (1)  The issuance of revenue bonds is authorized to

 9  finance or refinance the construction, acquisition,

10  reconstruction, or renovation of educational facilities. Such

11  bonds shall be issued pursuant to and in compliance with the

12  provisions of s. 11(d), Art. VII of the State Constitution,

13  the provisions of the State Bond Act, ss. 215.57-215.83, as

14  amended, and the provisions of this section.

15         (2)  The bonds are payable from, and secured by a first

16  lien on, the first lottery revenues transferred to the

17  Educational Enhancement Trust Fund each fiscal year, as

18  provided by s. 24.121(2), and do not constitute a general

19  obligation of, or a pledge of the full faith and credit of,

20  the state.

21         (3)  The state hereby covenants with the holders of

22  such revenue bonds that it will not take any action that will

23  materially and adversely affect the rights of such holders so

24  long as bonds authorized by this section are outstanding. The

25  state does hereby additionally authorize the establishment of

26  a covenant in connection with the bonds which provides that

27  any additional funds received by the state from new or

28  enhanced lottery programs, video gaming, or other similar

29  activities will first be available for payments relating to

30  bonds pledging revenues available pursuant to s. 24.121(2),

31  prior to use for any other purpose.

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 1         (4)  The bonds shall be issued by the Division of Bond

 2  Finance of the State Board of Administration on behalf of the

 3  Department of Education in such amount as shall be requested

 4  by resolution of the State Board of Education. However, the

 5  total principal amount of bonds, excluding refunding bonds,

 6  issued pursuant to this section shall not exceed $2,000

 7  million.

 8         (5)  Proceeds available from the sale of the bonds

 9  shall be deposited in the Lottery Capital Outlay and Debt

10  Service Trust Fund within the Department of Education.

11         (6)  The facilities to be financed with the proceeds of

12  such bonds are designated as state fixed capital outlay

13  projects for purposes of s. 11(d), Art. VII of the State

14  Constitution, and the specific facilities to be financed shall

15  be identified by each district. Projects shall be funded from

16  the Lottery Capital Outlay and Debt Service Trust Fund. Each

17  educational facility to be financed with the proceeds of the

18  bonds issued pursuant to this section is hereby approved as

19  required by s. 11(f), Art. VII of the State Constitution.

20         (7)  Any complaint for validation of such bonds is

21  required to be filed only in the circuit court of the county

22  where the seat of state government is situated. The notice

23  required to be published by s. 75.06 is required to be

24  published only in the county where the complaint is filed, and

25  the complaint and order of the circuit court need be served

26  only on the state attorney of the circuit in which the action

27  is pending.

28         Section 8.  The Commissioner of Education shall provide

29  for timely encumbrances of funds for duly authorized projects.

30  Encumbrances may include proceeds to be received under a

31  resolution approved by the State Board of Education

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 1  authorizing issuance of class size reduction lottery bonds

 2  pursuant to Section 11(d), Article VII of the State

 3  Constitution, section 1013.737, Florida Statutes, and other

 4  applicable law.

 5         Section 9.  Paragraph (b) of subsection (1) of section

 6  203.01, Florida Statutes, is amended to read:

 7         203.01  Tax on gross receipts for utility and

 8  communications services.--

 9         (1)

10         (b)  The rate applied to utility services shall be 2.5

11  percent. The rate applied to communications services shall be

12  as follows:

13         1.  Prior to January 1, 2004, 2.37 percent;

14         2.  Beginning January 1, 2004, 2.749 percent; and

15         3.  Beginning June 1, 2004, 2.722 percent.

16  

17  However, notwithstanding subparagraphs 2. and 3., the rate

18  applied to communications services that are subject to the

19  exemption provided in s. 202.125(1) shall be 2.37 percent.

20         Section 10.  Subsection (1) of section 202.12, Florida

21  Statutes, is amended to read:

22         202.12  Sales of communications services.--The

23  Legislature finds that every person who engages in the

24  business of selling communications services at retail in this

25  state is exercising a taxable privilege. It is the intent of

26  the Legislature that the tax imposed by chapter 203 be

27  administered as provided in this chapter.

28         (1)  For the exercise of such privilege, a tax is

29  levied on each taxable transaction, and the tax is due and

30  payable as follows:

31  

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 1         (a)  Except as otherwise provided in this subsection,

 2  the at a rate of 6.8 percent applied to the sales price of the

 3  communications service which:

 4         1.  Originates and terminates in this state, or

 5         2.  Originates or terminates in this state and is

 6  charged to a service address in this state,

 7  

 8  when sold at retail, computed on each taxable sale for the

 9  purpose of remitting the tax due shall be 6.8 percent.

10  Beginning January 1, 2004, the tax rate applied to the sales

11  price of the communications service shall be 6.421 percent.

12  Beginning June 1, 2004, the tax rate applied to the sales

13  price of the communications service shall be 6.448 percent.

14  The gross receipts tax imposed by chapter 203 shall be

15  collected on the same taxable transactions and remitted with

16  the tax imposed by this paragraph. If no tax is imposed by

17  this paragraph by reason of s. 202.125(1), the tax imposed by

18  chapter 203 shall nevertheless be collected and remitted in

19  the manner and at the time prescribed for tax collections and

20  remittances under this chapter.

21         (b)  At the rate set forth in paragraph (a) on the

22  actual cost of operating a substitute communications system,

23  to be paid in accordance with s. 202.15. This paragraph does

24  not apply to the use by any dealer of his or her own

25  communications system to conduct a business of providing

26  communications services or any communications system operated

27  by a county, a municipality, the state, or any political

28  subdivision of the state. The gross receipts tax imposed by

29  chapter 203 shall be applied to the same costs, and remitted

30  with the tax imposed by this paragraph.

31  

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 1         (c)  At the rate of 10.8 percent on the retail sales

 2  price of any direct-to-home satellite service received in this

 3  state. Beginning January 1, 2004, the tax rate of 10.421

 4  percent shall be imposed on the retail sales price of any

 5  direct-to-home satellite service received in this state.

 6  Beginning June 1, 2004, the tax rate of 10.448 percent shall

 7  be imposed on the retail sales price of any direct-to-home

 8  satellite service received in this state. The proceeds of the

 9  tax imposed under this paragraph shall be accounted for and

10  distributed in accordance with s. 202.18(2). The gross

11  receipts tax imposed by chapter 203 shall be collected on the

12  same taxable transactions and remitted with the tax imposed by

13  this paragraph.

14         (d)  At the rate set forth in paragraph (a) on the

15  sales price of private communications services provided within

16  this state. In determining the sales price of private

17  communications services subject to tax, the communications

18  service provider shall be entitled to use any method that

19  reasonably allocates the total charges among the states in

20  which channel termination points are located. An allocation

21  method is deemed to be reasonable for purposes of this

22  paragraph if the communications service provider regularly

23  used such method for Florida tax purposes prior to December

24  31, 2000. If a communications service provider uses a

25  reasonable allocation method, such provider shall be held

26  harmless from any liability for additional tax, interest, or

27  penalty based on a different allocation method. The gross

28  receipts tax imposed by chapter 203 shall be collected on the

29  same taxable transactions and remitted with the tax imposed by

30  this paragraph.

31  

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 1         (e)  At the rate set forth in paragraph (a) applied to

 2  the sales price of all mobile communications services deemed

 3  to be provided to a customer by a home service provider

 4  pursuant to s. 117(a) of the Mobile Telecommunications

 5  Sourcing Act, Pub. L. No. 106-252, if such customer's service

 6  address is located within this state.

 7         Section 11.  Paragraph (b) of subsection (2) of section

 8  202.18, Florida Statutes, is amended to read:

 9         202.18  Allocation and disposition of tax

10  proceeds.--The proceeds of the communications services taxes

11  remitted under this chapter shall be treated as follows:

12         (2)  The proceeds of the taxes remitted under s.

13  202.12(1)(c) shall be divided as follows:

14         (b)  The following portions of the remaining proceeds

15  Sixty-three percent of the remainder shall be allocated to the

16  state:

17         1.  Prior to January 1, 2004, 63 percent;

18         2.  Beginning February 1, 2004, 61.617 percent; and

19         3.  Beginning July 1, 2004, 61.712 percent.

20  

21  The proceeds of this paragraph shall be and distributed

22  pursuant to s. 212.20(6), except that the proceeds allocated

23  pursuant to s. 212.20(6)(d)3. shall be prorated to the

24  participating counties in the same proportion as that month's

25  collection of the taxes and fees imposed pursuant to chapter

26  212 and paragraph (1)(b).

27         Section 12.  Paragraph (d) of subsection (6) of section

28  212.20, Florida Statutes, as amended by section 1 of chapter

29  2002-291, Laws of Florida, is amended to read:

30  

31  

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 1         212.20  Funds collected, disposition; additional powers

 2  of department; operational expense; refund of taxes

 3  adjudicated unconstitutionally collected.--

 4         (6)  Distribution of all proceeds under this chapter

 5  and s. 202.18(1)(b) and (2)(b) shall be as follows:

 6         (d)  The proceeds of all other taxes and fees imposed

 7  pursuant to this chapter or remitted pursuant to s.

 8  202.18(1)(b) and (2)(b) shall be distributed as follows:

 9         1.  In any fiscal year, the greater of $500 million,

10  minus an amount equal to 4.6 percent of the proceeds of the

11  taxes collected pursuant to chapter 201, or 5 percent of all

12  other taxes and fees imposed pursuant to this chapter or

13  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

14  deposited in monthly installments into the General Revenue

15  Fund.

16         2.  Two-tenths of one percent shall be transferred to

17  the Ecosystem Management and Restoration Trust Fund to be used

18  for water quality improvement and water restoration projects.

19         3.  After the distribution under subparagraphs 1. and

20  2., 9.653 percent of the amount remitted by a sales tax dealer

21  located within a participating county pursuant to s. 218.61,

22  the following share shall be transferred into the Local

23  Government Half-cent Sales Tax Clearing Trust Fund:.

24         a.  Prior to February 1, 2004, 9.653 percent;

25         b.  Beginning February 1, 2004, 9.678 percent; and

26         c.  Beginning July 1, 2004, 9.700 percent.

27         4.  After the distribution under subparagraphs 1., 2.,

28  and 3., of the remaining proceeds the following share 0.065

29  percent shall be transferred to the Local Government Half-cent

30  Sales Tax Clearing Trust Fund:

31         a.  Prior to February 1, 2004, 0.065 percent;

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 1         b.  Beginning February 1, 2004, 0.0653 percent; and

 2         c.  Beginning July 1, 2004, 0.0654 percent.

 3  

 4  The transfer pursuant to this subparagraph shall be and

 5  distributed pursuant to s. 218.65.

 6         5.  For proceeds received after July 1, 2000, and after

 7  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

 8  percent of the available proceeds pursuant to this paragraph

 9  the following share shall be transferred monthly to the

10  Revenue Sharing Trust Fund for Counties pursuant to s.

11  218.215:.

12         a.  Prior to February 1, 2004, 2.25 percent;

13         b.  Beginning February 1, 2004, 2.263 percent; and

14         c.  Beginning July 1, 2004, 2.264 percent.

15         6.  For proceeds received after July 1, 2000, and after

16  the distributions under subparagraphs 1., 2., 3., and 4.,

17  1.0715 percent of the available proceeds pursuant to this

18  paragraph the following share shall be transferred monthly to

19  the Revenue Sharing Trust Fund for Municipalities pursuant to

20  s. 218.215:.

21         a.  Prior to February 1, 2004, 1.0715 percent;

22         b.  Beginning February 1, 2004, 1.0776 percent;

23         c.  Beginning July 1, 2004, 1.078 percent.

24  

25  If the total revenue to be distributed pursuant to this

26  subparagraph is at least as great as the amount due from the

27  Revenue Sharing Trust Fund for Municipalities and the

28  Municipal Financial Assistance Trust Fund in state fiscal year

29  1999-2000, no municipality shall receive less than the amount

30  due from the Revenue Sharing Trust Fund for Municipalities and

31  the Municipal Financial Assistance Trust Fund in state fiscal

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 1  year 1999-2000. If the total proceeds to be distributed are

 2  less than the amount received in combination from the Revenue

 3  Sharing Trust Fund for Municipalities and the Municipal

 4  Financial Assistance Trust Fund in state fiscal year

 5  1999-2000, each municipality shall receive an amount

 6  proportionate to the amount it was due in state fiscal year

 7  1999-2000.

 8         7.  Of the remaining proceeds:

 9         a.  Beginning July 1, 2000, and in each fiscal year

10  thereafter, the sum of $29,915,500 shall be divided into as

11  many equal parts as there are counties in the state, and one

12  part shall be distributed to each county.  The distribution

13  among the several counties shall begin each fiscal year on or

14  before January 5th and shall continue monthly for a total of 4

15  months.  If a local or special law required that any moneys

16  accruing to a county in fiscal year 1999-2000 under the

17  then-existing provisions of s. 550.135 be paid directly to the

18  district school board, special district, or a municipal

19  government, such payment shall continue until such time that

20  the local or special law is amended or repealed.  The state

21  covenants with holders of bonds or other instruments of

22  indebtedness issued by local governments, special districts,

23  or district school boards prior to July 1, 2000, that it is

24  not the intent of this subparagraph to adversely affect the

25  rights of those holders or relieve local governments, special

26  districts, or district school boards of the duty to meet their

27  obligations as a result of previous pledges or assignments or

28  trusts entered into which obligated funds received from the

29  distribution to county governments under then-existing s.

30  550.135.  This distribution specifically is in lieu of funds

31  distributed under s. 550.135 prior to July 1, 2000.

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 1         b.  The department shall distribute $166,667 monthly

 2  pursuant to s. 288.1162 to each applicant that has been

 3  certified as a "facility for a new professional sports

 4  franchise" or a "facility for a retained professional sports

 5  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

 6  distributed monthly by the department to each applicant that

 7  has been certified as a "facility for a retained spring

 8  training franchise" pursuant to s. 288.1162; however, not more

 9  than $208,335 may be distributed monthly in the aggregate to

10  all certified facilities for a retained spring training

11  franchise. Distributions shall begin 60 days following such

12  certification and shall continue for not more than 30 years.

13  Nothing contained in this paragraph shall be construed to

14  allow an applicant certified pursuant to s. 288.1162 to

15  receive more in distributions than actually expended by the

16  applicant for the public purposes provided for in s.

17  288.1162(6). However, a certified applicant is entitled to

18  receive distributions up to the maximum amount allowable and

19  undistributed under this section for additional renovations

20  and improvements to the facility for the franchise without

21  additional certification.

22         c.  Beginning 30 days after notice by the Office of

23  Tourism, Trade, and Economic Development to the Department of

24  Revenue that an applicant has been certified as the

25  professional golf hall of fame pursuant to s. 288.1168 and is

26  open to the public, $166,667 shall be distributed monthly, for

27  up to 300 months, to the applicant.

28         d.  Beginning 30 days after notice by the Office of

29  Tourism, Trade, and Economic Development to the Department of

30  Revenue that the applicant has been certified as the

31  International Game Fish Association World Center facility

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 1  pursuant to s. 288.1169, and the facility is open to the

 2  public, $83,333 shall be distributed monthly, for up to 168

 3  months, to the applicant. This distribution is subject to

 4  reduction pursuant to s. 288.1169.  A lump sum payment of

 5  $999,996 shall be made, after certification and before July 1,

 6  2000.

 7         8.  All other proceeds shall remain with the General

 8  Revenue Fund.

 9         Section 13.  Subsection (3) of section 215.61, Florida

10  Statutes, is amended to read:

11         215.61  State system of public education capital outlay

12  bonds.--

13         (3)  No bonds authorized by s. 9(a)(2), Art. XII of the

14  State Constitution shall be issued in an amount exceeding 90

15  percent of the amount which the State Board of Education

16  determines can be serviced by the revenues derived from the

17  gross receipts tax levied and collected pursuant to chapter

18  203.  In determining the amount which can be serviced by the

19  gross receipts tax, the State Board of Education shall utilize

20  the average annual amount of revenue collected for the tax

21  periods during the 24 months immediately preceding the most

22  recent collection date prior to the date of issuance of any

23  such bonds, adjusted to reflect revenues that would have been

24  collected had legislation enacted into law prior to the date

25  of determination been in effect during the 24-month period.

26  The adjustment shall be based on the assumption that the

27  provisions of the enacted legislation had taken effect 24

28  months prior to the dates contemplated in the legislation. For

29  purpose of the approval required by s. 215.73, official

30  estimates of future collections furnished by the State Board

31  of Education prior to the estimated date of issuance shall be

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 1  used to determine fiscal sufficiency.  However, 100 percent of

 2  the amount required to provide for the debt service for the

 3  current fiscal year of the bonds issued prior to July 1, 1975,

 4  under the provisions of s. 9(a)(2), Art. XII of the State

 5  Constitution shall be deducted in making the determination.

 6         Section 14.  Subsection (2) of section 24.121, Florida

 7  Statutes, is amended to read:

 8         24.121  Allocation of revenues and expenditure of funds

 9  for public education.--

10         (2)  Each fiscal year, at least 38 percent of the gross

11  revenue from the sale of on-line lottery tickets, variable

12  percentages of the gross revenue from the sale of instant

13  lottery tickets as determined by the department consistent

14  with subsection (1), and other earned revenue, excluding

15  application processing fees, shall be deposited in the

16  Educational Enhancement Trust Fund, which is hereby created in

17  the State Treasury to be administered by the Department of

18  Education. The Department of the Lottery shall transfer moneys

19  to the Educational Enhancement Trust Fund at least once each

20  quarter. Funds in the Educational Enhancement Trust Fund shall

21  be used to the benefit of public education in accordance with

22  the provisions of this act. Notwithstanding any other

23  provision of law, a maximum of $180 million of lottery

24  revenues transferred to the Educational Enhancement Trust Fund

25  in fiscal year 1997-1998 and for 30 years thereafter shall be

26  reserved as needed and used to meet the requirements of the

27  documents authorizing the bonds issued by the state pursuant

28  to s. 1013.68, or s. 1013.70, s.1013.735, or s. 1013.737 or

29  distributed to school districts for the Classrooms First

30  Program as provided in s. 1013.68. Such lottery revenues are

31  hereby pledged to the payment of debt service on bonds issued

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 1  by the state pursuant to s. 1013.68, or s. 1013.70,

 2  s.1013.735, or s. 1013.737. Debt service payable on bonds

 3  issued by the state pursuant to s. 1013.68, or s. 1013.70,

 4  s.1013.735, or s. 1013.737 shall be payable from, and are

 5  secured by a first lien on, the first lottery revenues

 6  transferred to the Educational Enhancement Trust Fund in each

 7  fiscal year. Amounts distributable to school districts that

 8  request the issuance of bonds pursuant to s. 1013.68(3) are

 9  hereby pledged to such bonds pursuant to s. 11(d), Art. VII of

10  the State Constitution. The amounts distributed through the

11  Classrooms First Program shall equal $145 million in each

12  fiscal year. These funds are intended to provide up to $2.5

13  billion for public school facilities.

14         Section 15.  Paragraph (h) of subsection (2) and

15  subsection (3) of section 1002.37, Florida Statutes, are

16  amended to read:

17         1002.37  The Florida Virtual School.--

18         (2)  The Florida Virtual School shall be governed by a

19  board of trustees comprised of seven members appointed by the

20  Governor to 4-year staggered terms.  The board of trustees

21  shall be a public agency entitled to sovereign immunity

22  pursuant to s. 768.28, and board members shall be public

23  officers who shall bear fiduciary responsibility for the

24  Florida Virtual School. The board of trustees shall have the

25  following powers and duties:

26         (h)  The board of trustees shall annually submit to the

27  State Board of Education both forecasted and actual

28  enrollments and credit completions for the Florida Virtual

29  School, according to procedures established by the State Board

30  of Education. At a minimum, such procedures must include the

31  

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 1  number of public, private, and home education students served

 2  by program and by county of residence district.

 3  

 4  The Governor shall designate the initial chair of the board of

 5  trustees to serve a term of 4 years. Members of the board of

 6  trustees shall serve without compensation, but may be

 7  reimbursed for per diem and travel expenses pursuant to s.

 8  112.061. The board of trustees shall be a body corporate with

 9  all the powers of a body corporate and such authority as is

10  needed for the proper operation and improvement of the Florida

11  Virtual School. The board of trustees is specifically

12  authorized to adopt rules, policies, and procedures,

13  consistent with law and rules of the State Board of Education

14  related to governance, personnel, budget and finance,

15  administration, programs, curriculum and instruction, travel

16  and purchasing, technology, students, contracts and grants,

17  and property as necessary for optimal, efficient operation of

18  the Florida Virtual School. Tangible personal property owned

19  by the board of trustees shall be subject to the provisions of

20  chapter 273.

21         (3)  Funding for the Florida Virtual School shall be

22  provided as follows:

23         (a)  A "full-time equivalent student" for the Florida

24  Virtual School is one student who has successfully completed

25  six credits that shall count toward the minimum number of

26  credits required for high school graduation. A student who

27  completes less than six credits shall be a fraction of a

28  full-time equivalent student. Half credit completions shall be

29  included in determining a full-time equivalent student. Credit

30  completed by a student in excess of the minimum required for

31  

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 1  that student for high school graduation is not eligible for

 2  funding.

 3         (b)  Full-time equivalent student credit completed

 4  through the Florida Virtual School, including credits

 5  completed during the summer, shall be reported to the

 6  Department of Education in the manner prescribed by the

 7  department and shall be funded through the Florida Education

 8  Finance Program.

 9         (c)  School districts may not limit student access to

10  courses offered through the Florida Virtual School.

11         (d)  Full-time equivalent student credit completion for

12  courses offered through the Florida Virtual School shall be

13  reported only by the Florida Virtual School. School districts

14  shall report full-time equivalent student membership only for

15  courses for which the district provides the instruction.

16         (e)  The district cost differential as provided in s.

17  1011.62(2) shall be established as 1.000.

18         (f)  The school shall receive funds for operating

19  purposes in an amount determined as follows: multiply the

20  maximum allowable nonvoted discretionary millage for

21  operations pursuant to s. 1011.71(1) by the value of 95

22  percent of the current year's taxable value for school

23  purposes for the state; divide the result by the total

24  full-time equivalent membership of the state; and multiply the

25  result by the full-time equivalent membership of the school.

26  The amount thus obtained shall be discretionary operating

27  funds and shall be appropriated from state funds in the

28  General Appropriations Act.

29         (g)  Additional state funds as may be provided in the

30  General Appropriations Act.

31  

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 1         (h)  In addition to the funds provided in the General

 2  Appropriations Act, the school may receive other funds from

 3  grants and donations.

 4         (3)(a)  Until fiscal year 2003-2004, the Commissioner

 5  of Education shall include the Florida Virtual School as a

 6  grant-in-aid appropriation in the department's legislative

 7  budget request to the State Board of Education, the Governor,

 8  and the Legislature, subject to any guidelines imposed in the

 9  General Appropriations Act.

10         (b)  The Orange County District School Board shall be

11  the temporary fiscal agent of the Florida Virtual School.

12         Section 16.  Section 1011.24, Florida Statutes, is

13  amended to read:

14         1011.24  Special district units.--For the purposes of

15  funding through this chapter and chapter 1013, developmental

16  research schools and the Florida Virtual School shall be

17  designated as special school districts. Such districts shall

18  be accountable to the Department of Education for budget

19  requests and reports on expenditures.

20         Section 17.  Paragraph (c) of subsection (1) of section

21  1011.61, Florida Statutes, is amended to read:

22         1011.61  Definitions.--Notwithstanding the provisions

23  of s. 1000.21, the following terms are defined as follows for

24  the purposes of the Florida Education Finance Program:

25         (1)  A "full-time equivalent student" in each program

26  of the district is defined in terms of full-time students and

27  part-time students as follows:

28         (c)1.  A "full-time equivalent student" is:

29         a.  A full-time student in any one of the programs

30  listed in s. 1011.62(1)(c); or

31  

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 1         b.  A combination of full-time or part-time students in

 2  any one of the programs listed in s. 1011.62(1)(c) which is

 3  the equivalent of one full-time student based on the following

 4  calculations:

 5         (I)  A full-time student, except a postsecondary or

 6  adult student or a senior high school student enrolled in

 7  adult education when such courses are required for high school

 8  graduation, in a combination of programs listed in s.

 9  1011.62(1)(c) shall be a fraction of a full-time equivalent

10  membership in each special program equal to the number of net

11  hours per school year for which he or she is a member, divided

12  by the appropriate number of hours set forth in subparagraph

13  (a)1. or subparagraph (a)2. The difference between that

14  fraction or sum of fractions and the maximum value as set

15  forth in subsection (4) for each full-time student is presumed

16  to be the balance of the student's time not spent in such

17  special education programs and shall be recorded as time in

18  the appropriate basic program.

19         (II)  A prekindergarten handicapped student shall meet

20  the requirements specified for kindergarten students.

21         (III)  A Florida Virtual School full-time student shall

22  consist of six full credit completions in the programs listed

23  in s. 1011.62(1)(c)1., 3., and 4. Credit completions can be a

24  combination of either full or half credit.

25         2.  A student in membership in a program scheduled for

26  more or less than 180 school days is a fraction of a full-time

27  equivalent membership equal to the number of instructional

28  hours in membership divided by the appropriate number of hours

29  set forth in subparagraph (a)1.; however, for the purposes of

30  this subparagraph, membership in programs scheduled for more

31  

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 1  than 180 days is limited to students enrolled in juvenile

 2  justice education programs and the Florida Virtual School.

 3  

 4  Students enrolled in both a public school and Florida Virtual

 5  School are authorized to exceed the 180 maximum; however, the

 6  public school may not offer or report the equivalent

 7  instruction in excess of 180 days or 900 hours. The department

 8  shall determine and implement an equitable method of

 9  equivalent funding for experimental schools and for schools

10  operating under emergency conditions, which schools have been

11  approved by the department to operate for less than the

12  minimum school day.

13         Section 18.  If any provision of this act or its

14  application to any person or circumstance is held invalid, the

15  invalidity does not affect other provisions or applications of

16  the act which can be given effect without the invalid

17  provision or application, and to this end the provisions of

18  this act are severable.

19         Section 19.  This act shall take effect July 1, 2003.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Creates the "Class Size Reduction Act" to implement
      Amendment 9 to the State Constitution. Creates the
24    Classrooms for Kids operating categorical to be prorated
      among school districts. Creates the Classrooms for Kids
25    Program and authorizes the issuance of bonds. Creates the
      Class Size Reduction Small County Assistance Program to
26    assist in implementing class size reduction. Provides
      appropriations. Establishes the Class Size Reduction
27    Lottery Revenue Bond Program and authorizes the issuance
      of bonds. Revises tax rates on communications services.
28    Revises the distributions of certain sales tax revenue to
      local governments. Provides for the Florida Virtual
29    School to be funded within the Florida Education Finance
      Program and designates the school as a special district.
30    (See bill for details.)

31  

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