Senate Bill sb1436c1

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    Florida Senate - 2003                           CS for SB 1436

    By the Committee on Finance and Taxation; and Senator Carlton





    314-1886-03

  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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    Florida Senate - 2003                           CS for SB 1436
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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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    Florida Senate - 2003                           CS for SB 1436
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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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    Florida Senate - 2003                           CS for SB 1436
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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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    Florida Senate - 2003                           CS for SB 1436
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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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    Florida Senate - 2003                           CS for SB 1436
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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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    Florida Senate - 2003                           CS for SB 1436
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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 school capital

31  outlay surtax authorized in s. 212.055(6).

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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 paragraphs (2)(a) and

18  (b). The district shall report the amount of revenue described

19  in paragraph (2)(b) identified for district fixed capital

20  outlay in the prior fiscal year and shall report the amount of

21  revenue described in paragraph (2)(c). Only the amount of

22  voter-approved revenue described in paragraph (2)(b) which has

23  been identified for district fixed capital outlay from the

24  prior fiscal year shall be used in calculating the district

25  equity ratio. The Department of Revenue and the local

26  districts shall report the information required by this

27  subsection to the Department of Education for each fiscal year

28  within 120 days after the close of the state fiscal year in

29  the case of the Department of Revenue or the local district's

30  fiscal year in the case of the local district.

31  

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

 2  department shall allocate the annual amount of funds provided

 3  among all eligible districts based upon the district's

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

 5  ratio. Funds shall be distributed once a district has

 6  encumbered the funds.

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

 8  the constitutional class size maximum caps described in s.

 9  1003.03(1) must use the funds for capital outlay to reduce

10  class size. School districts that meet the constitutional

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

12  capital outlay purpose.

13         Section 7.  Section 1013.737, Florida Statutes, is

14  created to read:

15         1013.737  The Class Size Reduction Lottery Revenue Bond

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

17  Lottery Revenue Bond Program.

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

19  finance or refinance the construction, acquisition,

20  reconstruction, or renovation of educational facilities. Such

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

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

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

24  amended, and the provisions of this section.

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

26  lien on, the first lottery revenues transferred to the

27  Educational Enhancement Trust Fund each fiscal year, as

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

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

30  the state.

31  

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

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

 3  materially and adversely affect the rights of such holders so

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

 5  state does hereby additionally authorize the establishment of

 6  a covenant in connection with the bonds which provides that

 7  any additional funds received by the state from new or

 8  enhanced lottery programs, video gaming, or other similar

 9  activities will first be available for payments relating to

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

11  prior to use for any other purpose.

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

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

14  Department of Education in such amount as shall be requested

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

16  total principal amount of bonds, excluding refunding bonds,

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

18  million.

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

20  shall be deposited in the Lottery Capital Outlay and Debt

21  Service Trust Fund within the Department of Education.

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

23  such bonds are designated as state fixed capital outlay

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

25  Constitution, and the specific facilities to be financed shall

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

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

28  educational facility to be financed with the proceeds of the

29  bonds issued pursuant to this section is hereby approved as

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

31  

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

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

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

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

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

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

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

 8  is pending.

 9         Section 8.  The Commissioner of Education shall provide

10  for timely encumbrances of funds for duly authorized projects.

11  Encumbrances may include proceeds to be received under a

12  resolution approved by the State Board of Education

13  authorizing issuance of class size reduction lottery bonds

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

15  Constitution, section 1013.737, Florida Statutes, and other

16  applicable law.

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

18  203.01, Florida Statutes, is amended to read:

19         203.01  Tax on gross receipts for utility and

20  communications services.--

21         (1)

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

23  percent. The rate applied to communications services shall be

24  as follows:

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

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

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

28  

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

30  applied to communications services that are subject to the

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

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

 2  Statutes, is amended to read:

 3         202.12  Sales of communications services.--The

 4  Legislature finds that every person who engages in the

 5  business of selling communications services at retail in this

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

 7  the Legislature that the tax imposed by chapter 203 be

 8  administered as provided in this chapter.

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

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

11  payable as follows:

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

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

14  communications service which:

15         1.  Originates and terminates in this state, or

16         2.  Originates or terminates in this state and is

17  charged to a service address in this state,

18  

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

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

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

22  price of the communications service shall be 6.421 percent.

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

24  price of the communications service shall be 6.448 percent.

25  The gross receipts tax imposed by chapter 203 shall be

26  collected on the same taxable transactions and remitted with

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

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

29  chapter 203 shall nevertheless be collected and remitted in

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

31  remittances under this chapter.

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

 2  actual cost of operating a substitute communications system,

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

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

 5  communications system to conduct a business of providing

 6  communications services or any communications system operated

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

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

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

10  with the tax imposed by this paragraph.

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

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

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

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

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

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

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

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

19  tax imposed under this paragraph shall be accounted for and

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

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

22  same taxable transactions and remitted with the tax imposed by

23  this paragraph.

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

25  sales price of private communications services provided within

26  this state. In determining the sales price of private

27  communications services subject to tax, the communications

28  service provider shall be entitled to use any method that

29  reasonably allocates the total charges among the states in

30  which channel termination points are located. An allocation

31  method is deemed to be reasonable for purposes of this

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 1  paragraph if the communications service provider regularly

 2  used such method for Florida tax purposes prior to December

 3  31, 2000. If a communications service provider uses a

 4  reasonable allocation method, such provider shall be held

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

 6  penalty based on a different allocation method. The gross

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

 8  same taxable transactions and remitted with the tax imposed by

 9  this paragraph.

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

11  the sales price of all mobile communications services deemed

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

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

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

15  address is located within this state.

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

17  202.18, Florida Statutes, is amended to read:

18         202.18  Allocation and disposition of tax

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

20  remitted under this chapter shall be treated as follows:

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

22  202.12(1)(c) shall be divided as follows:

23         (b)  The following portions of the remaining proceeds

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

25  state:

26         1.  Prior to February 1, 2004, 63 percent;

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

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

29  

30  The proceeds of this paragraph shall be and distributed

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

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

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

 3  collection of the taxes and fees imposed pursuant to chapter

 4  212 and paragraph (1)(b).

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

 6  212.20, Florida Statutes, as amended by section 1 of chapter

 7  2002-291, Laws of Florida, is amended to read:

 8         212.20  Funds collected, disposition; additional powers

 9  of department; operational expense; refund of taxes

10  adjudicated unconstitutionally collected.--

11         (6)  Distribution of all proceeds under this chapter

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

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

14  pursuant to this chapter or remitted pursuant to s.

15  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

19  other taxes and fees imposed pursuant to this chapter or

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

21  deposited in monthly installments into the General Revenue

22  Fund.

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

24  the Ecosystem Management and Restoration Trust Fund to be used

25  for water quality improvement and water restoration projects.

26         3.  After the distribution under subparagraphs 1. and

27  2., 9.653 percent of the amount remitted by a sales tax dealer

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

29  the following share shall be transferred into the Local

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

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

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

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

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

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

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

 6  Sales Tax Clearing Trust Fund:

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

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

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

10  

11  The transfer pursuant to this subparagraph shall be and

12  distributed pursuant to s. 218.65.

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

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

15  percent of the available proceeds pursuant to this paragraph

16  the following share shall be transferred monthly to the

17  Revenue Sharing Trust Fund for Counties pursuant to s.

18  218.215:.

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

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

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

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

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

24  1.0715 percent of the available proceeds pursuant to this

25  paragraph the following share shall be transferred monthly to

26  the Revenue Sharing Trust Fund for Municipalities pursuant to

27  s. 218.215:.

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

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

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

31  

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 1  If the total revenue to be distributed pursuant to this

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

 3  Revenue Sharing Trust Fund for Municipalities and the

 4  Municipal Financial Assistance Trust Fund in state fiscal year

 5  1999-2000, no municipality shall receive less than the amount

 6  due from the Revenue Sharing Trust Fund for Municipalities and

 7  the Municipal Financial Assistance Trust Fund in state fiscal

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

 9  less than the amount received in combination from the Revenue

10  Sharing Trust Fund for Municipalities and the Municipal

11  Financial Assistance Trust Fund in state fiscal year

12  1999-2000, each municipality shall receive an amount

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

14  1999-2000.

15         7.  Of the remaining proceeds:

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

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

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

19  part shall be distributed to each county.  The distribution

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

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

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

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

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

25  district school board, special district, or a municipal

26  government, such payment shall continue until such time that

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

28  covenants with holders of bonds or other instruments of

29  indebtedness issued by local governments, special districts,

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

31  not the intent of this subparagraph to adversely affect the

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 1  rights of those holders or relieve local governments, special

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

 3  obligations as a result of previous pledges or assignments or

 4  trusts entered into which obligated funds received from the

 5  distribution to county governments under then-existing s.

 6  550.135.  This distribution specifically is in lieu of funds

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

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

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

10  certified as a "facility for a new professional sports

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

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

13  distributed monthly by the department to each applicant that

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

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

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

17  all certified facilities for a retained spring training

18  franchise. Distributions shall begin 60 days following such

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

20  Nothing contained in this paragraph shall be construed to

21  allow an applicant certified pursuant to s. 288.1162 to

22  receive more in distributions than actually expended by the

23  applicant for the public purposes provided for in s.

24  288.1162(6). However, a certified applicant is entitled to

25  receive distributions up to the maximum amount allowable and

26  undistributed under this section for additional renovations

27  and improvements to the facility for the franchise without

28  additional certification.

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

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

31  Revenue that an applicant has been certified as the

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

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

 3  up to 300 months, to the applicant.

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

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

 6  Revenue that the applicant has been certified as the

 7  International Game Fish Association World Center facility

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

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

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

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

12  $999,996 shall be made, after certification and before July 1,

13  2000.

14         8.  All other proceeds shall remain with the General

15  Revenue Fund.

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

17  Statutes, is amended to read:

18         215.61  State system of public education capital outlay

19  bonds.--

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

21  State Constitution shall be issued in an amount exceeding 90

22  percent of the amount which the State Board of Education

23  determines can be serviced by the revenues derived from the

24  gross receipts tax levied and collected pursuant to chapter

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

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

27  the average annual amount of revenue collected for the tax

28  periods during the 24 months immediately preceding the most

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

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

31  collected had legislation enacted into law prior to the date

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

 2  The adjustment shall be based on the assumption that the

 3  provisions of the enacted legislation had taken effect 24

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

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

 6  estimates of future collections furnished by the State Board

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

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

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

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

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

12  Constitution shall be deducted in making the determination.

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

14  Statutes, is amended to read:

15         24.121  Allocation of revenues and expenditure of funds

16  for public education.--

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

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

19  percentages of the gross revenue from the sale of instant

20  lottery tickets as determined by the department consistent

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

22  application processing fees, shall be deposited in the

23  Educational Enhancement Trust Fund, which is hereby created in

24  the State Treasury to be administered by the Department of

25  Education. The Department of the Lottery shall transfer moneys

26  to the Educational Enhancement Trust Fund at least once each

27  quarter. Funds in the Educational Enhancement Trust Fund shall

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

29  the provisions of this act. Notwithstanding any other

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

31  revenues transferred to the Educational Enhancement Trust Fund

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

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

 3  documents authorizing the bonds issued by the state pursuant

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

 5  distributed to school districts for the Classrooms First

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

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

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

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

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

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

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

13  transferred to the Educational Enhancement Trust Fund in each

14  fiscal year. Amounts distributable to school districts that

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

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

17  the State Constitution. The amounts distributed through the

18  Classrooms First Program shall equal $145 million in each

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

20  billion for public school facilities.

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

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

23  amended to read:

24         1002.37  The Florida Virtual School.--

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

26  board of trustees comprised of seven members appointed by the

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

28  shall be a public agency entitled to sovereign immunity

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

30  officers who shall bear fiduciary responsibility for the

31  

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

 2  following powers and duties:

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

 4  State Board of Education both forecasted and actual

 5  enrollments and credit completions for the Florida Virtual

 6  School, according to procedures established by the State Board

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

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

 9  by program and by county of residence district.

10  

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

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

13  trustees shall serve without compensation, but may be

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

15  112.061. The board of trustees shall be a body corporate with

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

17  needed for the proper operation and improvement of the Florida

18  Virtual School. The board of trustees is specifically

19  authorized to adopt rules, policies, and procedures,

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

21  related to governance, personnel, budget and finance,

22  administration, programs, curriculum and instruction, travel

23  and purchasing, technology, students, contracts and grants,

24  and property as necessary for optimal, efficient operation of

25  the Florida Virtual School. Tangible personal property owned

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

27  chapter 273.

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

29  provided as follows:

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

31  Virtual School is one student who has successfully completed

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 1  six credits that shall count toward the minimum number of

 2  credits required for high school graduation. A student who

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

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

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

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

 7  that student for high school graduation is not eligible for

 8  funding.

 9         (b)  Full-time equivalent student credit completed

10  through the Florida Virtual School, including credits

11  completed during the summer, shall be reported to the

12  Department of Education in the manner prescribed by the

13  department and shall be funded through the Florida Education

14  Finance Program.

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

16  courses offered through the Florida Virtual School.

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

18  courses offered through the Florida Virtual School shall be

19  reported only by the Florida Virtual School. School districts

20  shall report full-time equivalent student membership only for

21  courses for which the district provides the instruction.

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

23  1011.62(2) shall be established as 1.000.

24         (f)  The school shall receive funds for operating

25  purposes in an amount determined as follows: multiply the

26  maximum allowable nonvoted discretionary millage for

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

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

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

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

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

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 1  The amount thus obtained shall be discretionary operating

 2  funds and shall be appropriated from state funds in the

 3  General Appropriations Act.

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

 5  General Appropriations Act.

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

 7  Appropriations Act, the school may receive other funds from

 8  grants and donations.

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

10  of Education shall include the Florida Virtual School as a

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

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

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

14  General Appropriations Act.

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

16  the temporary fiscal agent of the Florida Virtual School.

17         Section 16.  Section 1011.24, Florida Statutes, is

18  amended to read:

19         1011.24  Special district units.--For the purposes of

20  funding through this chapter and chapter 1013, developmental

21  research schools and the Florida Virtual School shall be

22  designated as special school districts. Such districts shall

23  be accountable to the Department of Education for budget

24  requests and reports on expenditures.

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

26  1011.61, Florida Statutes, is amended to read:

27         1011.61  Definitions.--Notwithstanding the provisions

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

29  the purposes of the Florida Education Finance Program:

30  

31  

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

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

 3  part-time students as follows:

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

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

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

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

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

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

10  calculations:

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

12  adult student or a senior high school student enrolled in

13  adult education when such courses are required for high school

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

15  1011.62(1)(c) shall be a fraction of a full-time equivalent

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

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

18  by the appropriate number of hours set forth in subparagraph

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

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

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

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

23  special education programs and shall be recorded as time in

24  the appropriate basic program.

25         (II)  A prekindergarten handicapped student shall meet

26  the requirements specified for kindergarten students.

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

28  consist of six full credit completions in the programs listed

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

30  combination of either full or half credit.

31  

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

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

 3  equivalent membership equal to the number of instructional

 4  hours in membership divided by the appropriate number of hours

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

 6  this subparagraph, membership in programs scheduled for more

 7  than 180 days is limited to students enrolled in juvenile

 8  justice education programs and the Florida Virtual School.

 9  

10  Students enrolled in both a public school and Florida Virtual

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

12  public school may not offer or report the equivalent

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

14  shall determine and implement an equitable method of

15  equivalent funding for experimental schools and for schools

16  operating under emergency conditions, which schools have been

17  approved by the department to operate for less than the

18  minimum school day.

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

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

21  invalidity does not affect other provisions or applications of

22  the act which can be given effect without the invalid

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

24  this act are severable.

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

26  

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                             SB 1436

29                                 

30  CS for SB 1436 corrects a date and cross-reference in the
    bill, and clarifies the reporting requirements for
31  participation in the District Equity Recognition Program.

                                  28

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