Senate Bill sb0310

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 310

    By Senator Bennett





    21-248-04

  1                      A bill to be entitled

  2         An act relating to funding for school

  3         districts; amending s. 1011.62, F.S.; deleting

  4         the determination of district cost

  5         differentials for the purpose of allocation of

  6         funds to school districts for operation of

  7         schools; correcting cross-references; amending

  8         s. 1011.68, F.S.; deleting use of the Florida

  9         Price Level Index for the purpose of allocation

10         of funds to school districts for student

11         transportation; amending ss. 110.1228, 213.053,

12         402.22, 1002.38, 1002.39, 1004.75, 1010.20,

13         1011.02, 1011.71, 1012.44, and 1012.64, F.S.;

14         conforming provisions and correcting

15         cross-references; providing an effective date.

16  

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

18  

19         Section 1.  Section 1011.62, Florida Statutes, is

20  amended to read:

21         1011.62  Funds for operation of schools.--If the annual

22  allocation from the Florida Education Finance Program to each

23  district for operation of schools is not determined in the

24  annual appropriations act or the substantive bill implementing

25  the annual appropriations act, it shall be determined as

26  follows:

27         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

28  OPERATION.--The following procedure shall be followed in

29  determining the annual allocation to each district for

30  operation:

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         (a)  Determination of full-time equivalent

 2  membership.--During each of several school weeks, including

 3  scheduled intersessions of a year-round school program during

 4  the fiscal year, a program membership survey of each school

 5  shall be made by each district by aggregating the full-time

 6  equivalent student membership of each program by school and by

 7  district. The department shall establish the number and

 8  interval of membership calculations, except that for basic and

 9  special programs such calculations shall not exceed nine for

10  any fiscal year. The district's full-time equivalent

11  membership shall be computed and currently maintained in

12  accordance with regulations of the commissioner.

13         (b)  Determination of base student allocation.--The

14  base student allocation for the Florida Education Finance

15  Program for kindergarten through grade 12 shall be determined

16  annually by the Legislature and shall be that amount

17  prescribed in the current year's General Appropriations Act.

18         (c)  Determination of programs.--Cost factors based on

19  desired relative cost differences between the following

20  programs shall be established in the annual General

21  Appropriations Act. The Commissioner of Education shall

22  specify a matrix of services and intensity levels to be used

23  by districts in the determination of the two weighted cost

24  factors for exceptional students with the highest levels of

25  need. For these students, the funding support level shall fund

26  the exceptional students' education program, with the

27  exception of extended school year services for students with

28  disabilities.

29         1.  Basic programs.--

30         a.  Kindergarten and grades 1, 2, and 3.

31         b.  Grades 4, 5, 6, 7, and 8.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         c.  Grades 9, 10, 11, and 12.

 2         2.  Programs for exceptional students.--

 3         a.  Support Level IV.

 4         b.  Support Level V.

 5         3.  Secondary career and technical education

 6  programs.--

 7         4.  English for Speakers of Other Languages.--

 8         (d)  Annual allocation calculation.--

 9         1.  The Department of Education is authorized and

10  directed to review all district programs and enrollment

11  projections and calculate a maximum total weighted full-time

12  equivalent student enrollment for each district for the K-12

13  FEFP.

14         2.  Maximum enrollments calculated by the department

15  shall be derived from enrollment estimates used by the

16  Legislature to calculate the FEFP.  If two or more districts

17  enter into an agreement under the provisions of s.

18  1001.42(4)(d), after the final enrollment estimate is agreed

19  upon, the amount of FTE specified in the agreement, not to

20  exceed the estimate for the specific program as identified in

21  paragraph (c), may be transferred from the participating

22  districts to the district providing the program.

23         3.  As part of its calculation of each district's

24  maximum total weighted full-time equivalent student

25  enrollment, the department shall establish separate enrollment

26  ceilings for each of two program groups. Group 1 shall be

27  composed of basic programs for grades K-3, grades 4-8, and

28  grades 9-12. Group 2 shall be composed of students in

29  exceptional student education programs, English for Speakers

30  of Other Languages programs, and all career and technical

31  programs in grades 7-12.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         a.  The weighted enrollment ceiling for group 2

 2  programs shall be calculated by multiplying the final

 3  enrollment conference estimate for each program by the

 4  appropriate program weight.  The weighted enrollment ceiling

 5  for program group 2 shall be the sum of the weighted

 6  enrollment ceilings for each program in the program group,

 7  plus the increase in weighted full-time equivalent student

 8  membership from the prior year for clients of the Department

 9  of Children and Family Services and the Department of Juvenile

10  Justice.

11         b.  If, for any calculation of the FEFP, the weighted

12  enrollment for program group 2, derived by multiplying actual

13  enrollments by appropriate program weights, exceeds the

14  enrollment ceiling for that group, the following procedure

15  shall be followed to reduce the weighted enrollment for that

16  group to equal the enrollment ceiling:

17         (I)  The weighted enrollment ceiling for each program

18  in the program group shall be subtracted from the weighted

19  enrollment for that program derived from actual enrollments.

20         (II)  If the difference calculated under

21  sub-sub-subparagraph (I) is greater than zero for any program,

22  a reduction proportion shall be computed for the program by

23  dividing the absolute value of the difference by the total

24  amount by which the weighted enrollment for the program group

25  exceeds the weighted enrollment ceiling for the program group.

26         (III)  The reduction proportion calculated under

27  sub-sub-subparagraph (II) shall be multiplied by the total

28  amount of the program group's enrollment over the ceiling as

29  calculated under sub-sub-subparagraph (I).

30         (IV)  The prorated reduction amount calculated under

31  sub-sub-subparagraph (III) shall be subtracted from the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  program's weighted enrollment.  For any calculation of the

 2  FEFP, the enrollment ceiling for group 1 shall be calculated

 3  by multiplying the actual enrollment for each program in the

 4  program group by its appropriate program weight.

 5         c.  For program group 2, the weighted enrollment

 6  ceiling shall be a number not less than the sum obtained by:

 7         (I)  Multiplying the sum of reported FTE for all

 8  programs in the program group that have a cost factor of 1.0

 9  or more by 1.0, and

10         (II)  By adding this number to the sum obtained by

11  multiplying the projected FTE for all programs with a cost

12  factor less than 1.0 by the actual cost factor.

13         4.  Following completion of the weighted enrollment

14  ceiling calculation as provided in subparagraph 3., a

15  supplemental capping calculation shall be employed for those

16  districts that are over their weighted enrollment ceiling. For

17  each such district, the total reported unweighted FTE

18  enrollment for group 2 programs shall be compared with the

19  total appropriated unweighted FTE enrollment for group 2

20  programs. If the total reported unweighted FTE for group 2 is

21  greater than the appropriated unweighted FTE, then the excess

22  unweighted FTE up to the unweighted FTE transferred from group

23  2 to group 1 for each district by the Public School FTE

24  Estimating Conference shall be funded at a weight of 1.0 and

25  added to the funded weighted FTE computed in subparagraph 3.

26         (e)  Funding model for exceptional student education

27  programs.--

28         1.a.  The funding model uses basic, at-risk, support

29  levels IV and V for exceptional students and career and

30  technical Florida Education Finance Program cost factors, and

31  a guaranteed allocation for exceptional student education

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  programs. Exceptional education cost factors are determined by

 2  using a matrix of services to document the services that each

 3  exceptional student will receive. The nature and intensity of

 4  the services indicated on the matrix shall be consistent with

 5  the services described in each exceptional student's

 6  individual educational plan.

 7         b.  In order to generate funds using one of the two

 8  weighted cost factors, a matrix of services must be completed

 9  at the time of the student's initial placement into an

10  exceptional student education program and at least once every

11  3 years by personnel who have received approved training.

12  Nothing listed in the matrix shall be construed as limiting

13  the services a school district must provide in order to ensure

14  that exceptional students are provided a free, appropriate

15  public education.

16         c.  Students identified as exceptional, in accordance

17  with chapter 6A-6, Florida Administrative Code, who do not

18  have a matrix of services as specified in sub-subparagraph b.

19  shall generate funds on the basis of full-time-equivalent

20  student membership in the Florida Education Finance Program at

21  the same funding level per student as provided for basic

22  students. Additional funds for these exceptional students will

23  be provided through the guaranteed allocation designated in

24  subparagraph 2.

25         2.  For students identified as exceptional who do not

26  have a matrix of services, there is created a guaranteed

27  allocation to provide these students with a free appropriate

28  public education, in accordance with s. 1001.42(4)(m) and

29  rules of the State Board of Education, which shall be

30  allocated annually to each school district in the amount

31  provided in the General Appropriations Act. These funds shall

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  be in addition to the funds appropriated on the basis of FTE

 2  student membership in the Florida Education Finance Program,

 3  and the amount allocated for each school district shall not be

 4  recalculated during the year. These funds shall be used to

 5  provide special education and related services for exceptional

 6  students.

 7         (f)  Supplemental academic instruction; categorical

 8  fund.--

 9         1.  There is created a categorical fund to provide

10  supplemental academic instruction to students in kindergarten

11  through grade 12.  This paragraph may be cited as the

12  "Supplemental Academic Instruction Categorical Fund."

13         2.  Categorical funds for supplemental academic

14  instruction shall be allocated annually to each school

15  district in the amount provided in the General Appropriations

16  Act.  These funds shall be in addition to the funds

17  appropriated on the basis of FTE student membership in the

18  Florida Education Finance Program and shall be included in the

19  total potential funds of each district.  These funds shall be

20  used to provide supplemental academic instruction to students

21  enrolled in the K-12 program. Supplemental instruction

22  strategies may include, but are not limited to: modified

23  curriculum, reading instruction, after-school instruction,

24  tutoring, mentoring, class size reduction, extended school

25  year, intensive skills development in summer school, and other

26  methods for improving student achievement. Supplemental

27  instruction may be provided to a student in any manner and at

28  any time during or beyond the regular 180-day term identified

29  by the school as being the most effective and efficient way to

30  best help that student progress from grade to grade and to

31  graduate.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         3.  Effective with the 1999-2000 fiscal year, funding

 2  on the basis of FTE membership beyond the 180-day regular term

 3  shall be provided in the FEFP only for students enrolled in

 4  juvenile justice education programs. Funding for instruction

 5  beyond the regular 180-day school year for all other K-12

 6  students shall be provided through the supplemental academic

 7  instruction categorical fund and other state, federal, and

 8  local fund sources with ample flexibility for schools to

 9  provide supplemental instruction to assist students in

10  progressing from grade to grade and graduating.

11         4.  The Florida State University School, as a

12  developmental research school, is authorized to expend from

13  its FEFP or Lottery Enhancement Trust Fund allocation the cost

14  to the student of remediation in reading, writing, or

15  mathematics for any graduate who requires remediation at a

16  postsecondary educational institution.

17         5.  Beginning in the 1999-2000 school year, dropout

18  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),

19  (b), and (c), and 1003.54 shall be included in group 1

20  programs under subparagraph (d)3.

21         (g)  Education for speakers of other languages.--A

22  school district shall be eligible to report full-time

23  equivalent student membership in the ESOL program in the

24  Florida Education Finance Program provided the following

25  conditions are met:

26         1.  The school district has a plan approved by the

27  Department of Education.

28         2.  The eligible student is identified and assessed as

29  limited English proficient based on assessment criteria.

30         3.a.  An eligible student may be reported for funding

31  in the ESOL program for a base period of 3 years. However, a

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  student whose English competency does not meet the criteria

 2  for proficiency after 3 years in the ESOL program may be

 3  reported for a fourth, fifth, and sixth year of funding,

 4  provided his or her limited English proficiency is assessed

 5  and properly documented prior to his or her enrollment in each

 6  additional year beyond the 3-year base period.

 7         b.  If a student exits the program and is later

 8  reclassified as limited English proficient, the student may be

 9  reported in the ESOL program for funding for an additional

10  year, or extended annually for a period not to exceed a total

11  of 6 years pursuant to this paragraph, based on an annual

12  evaluation of the student's status.

13         4.  An eligible student may be reported for funding in

14  the ESOL program for membership in ESOL instruction in English

15  and ESOL instruction or home language instruction in the basic

16  subject areas of mathematics, science, social studies, and

17  computer literacy.

18         (h)  Small, isolated high schools.--Districts which

19  levy the maximum nonvoted discretionary millage, exclusive of

20  millage for capital outlay purposes levied pursuant to s.

21  1011.71(2), may calculate full-time equivalent students for

22  small, isolated high schools by multiplying the number of

23  unweighted full-time equivalent students times 2.75; provided

24  the percentage of students at such school passing both parts

25  of the high school competency test, as defined by law and

26  rule, has been equal to or higher than such percentage for the

27  state or district, whichever is greater.  For the purpose of

28  this section, the term "small, isolated high school" means any

29  high school which is located no less than 28 miles by the

30  shortest route from another high school; which has been

31  serving students primarily in basic studies provided by

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  sub-subparagraphs (c)1.b. and c. and may include subparagraph

 2  (c)4.; and which has a membership of no more than 100

 3  students, but no fewer than 28 students, in grades 9 through

 4  12.

 5         (i)  Calculation of full-time equivalent membership

 6  with respect to instruction from community colleges or state

 7  universities.--Students enrolled in community college or

 8  university dual enrollment instruction pursuant to s. 1007.271

 9  may be included in calculations of full-time equivalent

10  student memberships for basic programs for grades 9 through 12

11  by a district school board. Such students may also be

12  calculated as the proportional shares of full-time equivalent

13  enrollments they generate for the community college or

14  university conducting the dual enrollment instruction. Early

15  admission students shall be considered dual enrollments for

16  funding purposes. Students may be enrolled in dual enrollment

17  instruction provided by an eligible independent college or

18  university and may be included in calculations of full-time

19  equivalent student memberships for basic programs for grades 9

20  through 12 by a district school board. However, those

21  provisions of law which exempt dual enrolled and early

22  admission students from payment of instructional materials and

23  tuition and fees, including laboratory fees, shall not apply

24  to students who select the option of enrolling in an eligible

25  independent institution. An independent college or university

26  which is located and chartered in Florida, is not for profit,

27  is accredited by the Commission on Colleges of the Southern

28  Association of Colleges and Schools or the Accrediting Council

29  for Independent Colleges and Schools, and which confers

30  degrees as defined in s. 1005.02 shall be eligible for

31  inclusion in the dual enrollment or early admission program.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  Students enrolled in dual enrollment instruction shall be

 2  exempt from the payment of tuition and fees, including

 3  laboratory fees. No student enrolled in college credit

 4  mathematics or English dual enrollment instruction shall be

 5  funded as a dual enrollment unless the student has

 6  successfully completed the relevant section of the entry-level

 7  examination required pursuant to s. 1008.30.

 8         (j)  Coenrollment.--If a high school student wishes to

 9  earn high school credits from a community college and enrolls

10  in one or more adult secondary education courses at the

11  community college, the community college shall be reimbursed

12  for the costs incurred because of the high school student's

13  coenrollment as provided in the General Appropriations Act.

14         (k)  Instruction in exploratory career

15  education.--Students in grades 7 through 12 who are enrolled

16  for more than four semesters in exploratory career education

17  may not be counted as full-time equivalent students for this

18  instruction.

19         (l)  Calculation of additional full-time equivalent

20  membership based on international baccalaureate examination

21  scores of students.--A value of 0.24 full-time equivalent

22  student membership shall be calculated for each student

23  enrolled in an international baccalaureate course who receives

24  a score of 4 or higher on a subject examination. A value of

25  0.3 full-time equivalent student membership shall be

26  calculated for each student who receives an international

27  baccalaureate diploma. Such value shall be added to the total

28  full-time equivalent student membership in basic programs for

29  grades 9 through 12 in the subsequent fiscal year. The school

30  district shall distribute to each classroom teacher who

31  provided international baccalaureate instruction:

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         1.  A bonus in the amount of $50 for each student

 2  taught by the International Baccalaureate teacher in each

 3  international baccalaureate course who receives a score of 4

 4  or higher on the international baccalaureate examination.

 5         2.  An additional bonus of $500 to each International

 6  Baccalaureate teacher in a school designated performance grade

 7  category "D" or "F" who has at least one student scoring 4 or

 8  higher on the international baccalaureate examination,

 9  regardless of the number of classes taught or of the number of

10  students scoring a 4 or higher on the international

11  baccalaureate examination.

12  

13  Bonuses awarded to a teacher according to this paragraph shall

14  not exceed $2,000 in any given school year and shall be in

15  addition to any regular wage or other bonus the teacher

16  received or is scheduled to receive.

17         (m)  Calculation of additional full-time equivalent

18  membership based on Advanced International Certificate of

19  Education examination scores of students.--A value of 0.24

20  full-time equivalent student membership shall be calculated

21  for each student enrolled in a full-credit Advanced

22  International Certificate of Education course who receives a

23  score of 2 or higher on a subject examination. A value of 0.12

24  full-time equivalent student membership shall be calculated

25  for each student enrolled in a half-credit Advanced

26  International Certificate of Education course who receives a

27  score of 1 or higher on a subject examination. A value of 0.3

28  full-time equivalent student membership shall be calculated

29  for each student who received an Advanced International

30  Certificate of Education diploma. Such value shall be added to

31  the total full-time equivalent student membership in basic

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  programs for grades 9 through 12 in the subsequent fiscal

 2  year. The school district shall distribute to each classroom

 3  teacher who provided Advanced International Certificate of

 4  Education instruction:

 5         1.  A bonus in the amount of $50 for each student

 6  taught by the Advanced International Certificate of Education

 7  teacher in each full-credit Advanced International Certificate

 8  of Education course who receives a score of 2 or higher on the

 9  Advanced International Certificate of Education examination. A

10  bonus in the amount of $25 for each student taught by the

11  Advanced International Certificate of Education teacher in

12  each half-credit Advanced International Certificate of

13  Education course who receives a score of 1 or higher on the

14  Advanced International Certificate of Education examination.

15         2.  An additional bonus of $500 to each Advanced

16  International Certificate of Education teacher in a school

17  designated performance grade category "D" or "F" who has at

18  least one student scoring 2 or higher on the full-credit

19  Advanced International Certificate of Education examination,

20  regardless of the number of classes taught or of the number of

21  students scoring a 2 or higher on the full-credit Advanced

22  International Certificate of Education examination.

23         3.  Additional bonuses of $250 each to teachers of

24  half-credit Advanced International Certificate of Education

25  classes in a school designated performance grade category "D"

26  or "F" which has at least one student scoring a 1 or higher on

27  the half-credit Advanced International Certificate of

28  Education examination in that class. The maximum additional

29  bonus for a teacher awarded in accordance with this

30  subparagraph shall not exceed $500 in any given school year.

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  Teachers receiving an award under subparagraph 2. are not

 2  eligible for a bonus under this subparagraph.

 3  

 4  Bonuses awarded to a teacher according to this paragraph shall

 5  not exceed $2,000 in any given school year and shall be in

 6  addition to any regular wage or other bonus the teacher

 7  received or is scheduled to receive.

 8         (n)  Calculation of additional full-time equivalent

 9  membership based on college board advanced placement scores of

10  students.--A value of 0.24 full-time equivalent student

11  membership shall be calculated for each student in each

12  advanced placement course who receives a score of 3 or higher

13  on the College Board Advanced Placement Examination for the

14  prior year and added to the total full-time equivalent student

15  membership in basic programs for grades 9 through 12 in the

16  subsequent fiscal year. Each district must allocate at least

17  80 percent of the funds provided to the district for advanced

18  placement instruction, in accordance with this paragraph, to

19  the high school that generates the funds. The school district

20  shall distribute to each classroom teacher who provided

21  advanced placement instruction:

22         1.  A bonus in the amount of $50 for each student

23  taught by the Advanced Placement teacher in each advanced

24  placement course who receives a score of 3 or higher on the

25  College Board Advanced Placement Examination.

26         2.  An additional bonus of $500 to each Advanced

27  Placement teacher in a school designated performance grade

28  category "D" or "F" who has at least one student scoring 3 or

29  higher on the College Board Advanced Placement Examination,

30  regardless of the number of classes taught or of the number of

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  students scoring a 3 or higher on the College Board Advanced

 2  Placement Examination.

 3  

 4  Bonuses awarded to a teacher according to this paragraph shall

 5  not exceed $2,000 in any given school year and shall be in

 6  addition to any regular wage or other bonus the teacher

 7  received or is scheduled to receive.

 8         (o)  Year-round-school programs.--The Commissioner of

 9  Education is authorized to adjust student eligibility

10  definitions, funding criteria, and reporting requirements of

11  statutes and rules in order that year-round-school programs

12  may achieve equivalent application of funding requirements

13  with non-year-round-school programs.

14         (p)  Extended-school-year program.--It is the intent of

15  the Legislature that students be provided additional

16  instruction by extending the school year to 210 days or more.

17  Districts may apply to the Commissioner of Education for funds

18  to be used in planning and implementing an

19  extended-school-year program. The Department of Education

20  shall recommend to the Legislature the policies necessary for

21  full implementation of an extended school year.

22         (q)  Determination of the basic amount for current

23  operation.--The basic amount for current operation to be

24  included in the Florida Education Finance Program for

25  kindergarten through grade 12 for each district shall be the

26  product of the following:

27         1.  The full-time equivalent student membership in each

28  program, multiplied by

29         2.  The cost factor for each program, adjusted for the

30  maximum as provided by paragraph (c), multiplied by

31         3.  The base student allocation.

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         (r)  Computation for funding through the Florida

 2  Education Finance Program.--The State Board of Education may

 3  adopt rules establishing programs and courses for which the

 4  student may earn credit toward high school graduation.

 5         (2)  DETERMINATION OF DISTRICT COST DIFFERENTIALS.--The

 6  Commissioner of Education shall annually compute for each

 7  district the current year's district cost differential. The

 8  district cost differential shall be calculated by adding each

 9  district's price level index as published in the Florida Price

10  Level Index for the most recent 3 years and dividing the

11  resulting sum by 3. The result for each district shall be

12  multiplied by 0.008 and to the resulting product shall be

13  added 0.200; the sum thus obtained shall be the cost

14  differential for that district for that year.

15         (2)(3)  INSERVICE EDUCATIONAL PERSONNEL TRAINING

16  EXPENDITURE.--Of the amount computed in subsection subsections

17  (1) and (2), a percentage of the base student allocation per

18  full-time equivalent student or other funds shall be expended

19  for educational training programs as determined by the

20  district school board as provided in s. 1012.98.

21         (3)(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

22  EFFORT.--The Legislature shall prescribe the aggregate

23  required local effort for all school districts collectively as

24  an item in the General Appropriations Act for each fiscal

25  year. The amount that each district shall provide annually

26  toward the cost of the Florida Education Finance Program for

27  kindergarten through grade 12 programs shall be calculated as

28  follows:

29         (a)  Estimated taxable value calculations.--

30         1.a.  Not later than 2 working days prior to July 19,

31  the Department of Revenue shall certify to the Commissioner of

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  Education its most recent estimate of the taxable value for

 2  school purposes in each school district and the total for all

 3  school districts in the state for the current calendar year

 4  based on the latest available data obtained from the local

 5  property appraisers. Not later than July 19, the Commissioner

 6  of Education shall compute a millage rate, rounded to the next

 7  highest one one-thousandth of a mill, which, when applied to

 8  95 percent of the estimated state total taxable value for

 9  school purposes, would generate the prescribed aggregate

10  required local effort for that year for all districts. The

11  Commissioner of Education shall certify to each district

12  school board the millage rate, computed as prescribed in this

13  subparagraph, as the minimum millage rate necessary to provide

14  the district required local effort for that year.

15         b.  The General Appropriations Act shall direct the

16  computation of the statewide adjusted aggregate amount for

17  required local effort for all school districts collectively

18  from ad valorem taxes to ensure that no school district's

19  revenue from required local effort millage will produce more

20  than 90 percent of the district's total Florida Education

21  Finance Program calculation, and the adjustment of the

22  required local effort millage rate of each district that

23  produces more than 90 percent of its total Florida Education

24  Finance Program entitlement to a level that will produce only

25  90 percent of its total Florida Education Finance Program

26  entitlement in the July calculation.

27         2.  As revised data are received from property

28  appraisers, the Department of Revenue shall amend the

29  certification of the estimate of the taxable value for school

30  purposes.  The Commissioner of Education, in administering the

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  provisions of subparagraph (8)(9)(a)2., shall use the most

 2  recent taxable value for the appropriate year.

 3         (b)  Final calculation.--

 4         1.  The Department of Revenue shall, upon receipt of

 5  the official final assessed value of property from each of the

 6  property appraisers, certify to the Commissioner of Education

 7  the taxable value total for school purposes in each school

 8  district, subject to the provisions of paragraph (d). The

 9  commissioner shall use the official final taxable value for

10  school purposes for each school district in the final

11  calculation of the annual Florida Education Finance Program

12  allocations.

13         2.  For the purposes of this paragraph, the official

14  final taxable value for school purposes shall be the taxable

15  value for school purposes on which the tax bills are computed

16  and mailed to the taxpayers, adjusted to reflect final

17  administrative actions of value adjustment boards and judicial

18  decisions pursuant to part I of chapter 194. By September 1 of

19  each year, the Department of Revenue shall certify to the

20  commissioner the official prior year final taxable value for

21  school purposes. For each county that has not submitted a

22  revised tax roll reflecting final value adjustment board

23  actions and final judicial decisions, the Department of

24  Revenue shall certify the most recent revision of the official

25  taxable value for school purposes. The certified value shall

26  be the final taxable value for school purposes, and no further

27  adjustments shall be made, except those made pursuant to

28  subparagraph (8)(9)(a)2.

29         (c)  Equalization of required local effort.--

30         1.  The Department of Revenue shall include with its

31  certifications provided pursuant to paragraph (a) its most

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  recent determination of the assessment level of the prior

 2  year's assessment roll for each county and for the state as a

 3  whole.

 4         2.  The Commissioner of Education shall adjust the

 5  required local effort millage of each district for the current

 6  year, computed pursuant to paragraph (a), as follows:

 7         a.  The equalization factor for the prior year's

 8  assessment roll of each district shall be multiplied by 95

 9  percent of the taxable value for school purposes shown on that

10  roll and by the prior year's required local-effort millage,

11  exclusive of any equalization adjustment made pursuant to this

12  paragraph. The dollar amount so computed shall be the

13  additional required local effort for equalization for the

14  current year.

15         b.  Such equalization factor shall be computed as the

16  quotient of the prior year's assessment level of the state as

17  a whole divided by the prior year's assessment level of the

18  county, from which quotient shall be subtracted 1.

19         c.  The dollar amount of additional required local

20  effort for equalization for each district shall be converted

21  to a millage rate, based on 95 percent of the current year's

22  taxable value for that district, and added to the required

23  local effort millage determined pursuant to paragraph (a).

24         3.  Notwithstanding the limitations imposed pursuant to

25  s. 1011.71(1), the total required local-effort millage,

26  including additional required local effort for equalization,

27  shall be an amount not to exceed 10 minus the maximum millage

28  allowed as nonvoted discretionary millage, exclusive of

29  millage authorized pursuant to s. 1011.71(2). Nothing herein

30  shall be construed to allow a millage in excess of that

31  authorized in s. 9, Art. VII of the State Constitution.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         4.  For the purposes of this chapter, the term

 2  "assessment level" means the value-weighted mean assessment

 3  ratio for the county or state as a whole, as determined

 4  pursuant to s. 195.096, or as subsequently adjusted. In the

 5  event a court has adjudicated that the department failed to

 6  establish an accurate estimate of an assessment level of a

 7  county and recomputation resulting in an accurate estimate

 8  based upon the evidence before the court was not possible,

 9  that county shall be presumed to have an assessment level

10  equal to that of the state as a whole.

11         5.  If, in the prior year, taxes were levied against an

12  interim assessment roll pursuant to s. 193.1145, the

13  assessment level and prior year's nonexempt assessed valuation

14  used for the purposes of this paragraph shall be those of the

15  interim assessment roll.

16         (d)  Exclusion.--

17         1.  In those instances in which:

18         a.  There is litigation either attacking the authority

19  of the property appraiser to include certain property on the

20  tax assessment roll as taxable property or contesting the

21  assessed value of certain property on the tax assessment roll,

22  and

23         b.  The assessed value of the property in contest

24  involves more than 6 percent of the total nonexempt assessment

25  roll, the plaintiff shall provide to the district school board

26  of the county in which the property is located and to the

27  Department of Education a certified copy of the petition and

28  receipt for the good faith payment at the time they are filed

29  with the court.

30         2.  For purposes of computing the required local effort

31  for each district affected by such petition, the Department of

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  Education shall exclude from the district's total nonexempt

 2  assessment roll the assessed value of the property in contest

 3  and shall add the amount of the good faith payment to the

 4  district's required local effort.

 5         (e)  Recomputation.--Following final adjudication of

 6  any litigation on the basis of which an adjustment in taxable

 7  value was made pursuant to paragraph (d), the department shall

 8  recompute the required local effort for each district for each

 9  year affected by such adjustments, utilizing taxable values

10  approved by the court, and shall adjust subsequent allocations

11  to such districts accordingly.

12         (4)(5)  CATEGORICAL FUNDS.--

13         (a)  In addition to the basic amount for current

14  operations for the FEFP as determined in subsection (1), the

15  Legislature may appropriate categorical funding for specified

16  programs, activities, or purposes.

17         (b)  If a district school board finds and declares in a

18  resolution adopted at a regular meeting of the school board

19  that the funds received for any of the following categorical

20  appropriations are urgently needed to maintain school board

21  specified academic classroom instruction, the school board may

22  consider and approve an amendment to the school district

23  operating budget transferring the identified amount of the

24  categorical funds to the appropriate account for expenditure:

25         1.  Funds for student transportation.

26         2.  Funds for in-service educational personnel

27  training.

28         3.  Funds for safe schools.

29         4.  Funds for public school technology.

30         5.  Funds for supplemental academic instruction.

31  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         (c)  Each district school board shall include in its

 2  annual financial report to the Department of Education the

 3  amount of funds the school board transferred from each of the

 4  categorical funds identified in this subsection and the

 5  specific academic classroom instruction for which the

 6  transferred funds were expended. The Department of Education

 7  shall provide instructions and specify the format to be used

 8  in submitting this required information as a part of the

 9  district annual financial report.

10         (5)(6)  DETERMINATION OF SPARSITY SUPPLEMENT.--

11         (a)  Annually, in an amount to be determined by the

12  Legislature through the General Appropriations Act, there

13  shall be added to the basic amount for current operation of

14  the FEFP qualified districts a sparsity supplement which shall

15  be computed as follows:

16  

17                             1101.8918    

18      Sparsity Factor =   2700 + district   - 0.1101

19                                 sparsity

20                                 index

21  

22  except that districts with a sparsity index of 1,000 or less

23  shall be computed as having a sparsity index of 1,000, and

24  districts having a sparsity index of 7,308 and above shall be

25  computed as having a sparsity factor of zero.  A qualified

26  district's full-time equivalent student membership shall equal

27  or be less than that prescribed annually by the Legislature in

28  the appropriations act.  The amount prescribed annually by the

29  Legislature shall be no less than 17,000, but no more than

30  24,000.

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         (b)  The district sparsity index shall be computed by

 2  dividing the total number of full-time equivalent students in

 3  all programs in the district by the number of senior high

 4  school centers in the district, not in excess of three, which

 5  centers are approved as permanent centers by a survey made by

 6  the Department of Education.

 7         (c)  Each district's allocation of sparsity supplement

 8  funds shall be adjusted in the following manner:

 9         1.  A maximum discretionary levy per FTE value for each

10  district shall be calculated by dividing the value of each

11  district's maximum discretionary levy by its FTE student

12  count;

13         2.  A state average discretionary levy value per FTE

14  shall be calculated by dividing the total maximum

15  discretionary levy value for all districts by the state total

16  FTE student count;

17         3.  For districts that have a levy value per FTE as

18  calculated in subparagraph 1. higher than the state average

19  calculated in subparagraph 2., a sparsity wealth adjustment

20  shall be calculated as the product of the difference between

21  the state average levy value per FTE calculated in

22  subparagraph 2. and the district's levy value per FTE

23  calculated in subparagraph 1. and the district's FTE student

24  count and -1;

25         4.  Each district's sparsity supplement allocation

26  shall be calculated by adding the amount calculated as

27  specified in paragraphs (a) and (b) and the wealth adjustment

28  amount calculated in this paragraph.

29         (6)(7)  DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In

30  those districts where there is a decline between prior year

31  and current year unweighted FTE students, 50 percent of the

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  decline in the unweighted FTE students shall be multiplied by

 2  the prior year calculated FEFP per unweighted FTE student and

 3  shall be added to the allocation for that district. For this

 4  purpose, the calculated FEFP shall be computed by multiplying

 5  the weighted FTE students by the base student allocation and

 6  then by the district cost differential. If a district

 7  transfers a program to another institution not under the

 8  authority of the district's school board, including a charter

 9  technical career center, the decline is to be multiplied by a

10  factor of 0.15.

11         (7)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature

12  may annually in the General Appropriations Act determine a

13  percentage increase in funds per K-12 unweighted FTE as a

14  minimum guarantee to each school district. The guarantee shall

15  be calculated from prior year base funding per unweighted FTE

16  student which shall include the adjusted FTE dollars as

17  provided in subsection (8)(9), quality guarantee funds, and

18  actual nonvoted discretionary local effort from taxes. From

19  the base funding per unweighted FTE, the increase shall be

20  calculated for the current year. The current year funds from

21  which the guarantee shall be determined shall include the

22  adjusted FTE dollars as provided in subsection (8)(9) and

23  potential nonvoted discretionary local effort from taxes. A

24  comparison of current year funds per unweighted FTE to prior

25  year funds per unweighted FTE shall be computed. For those

26  school districts which have less than the legislatively

27  assigned percentage increase, funds shall be provided to

28  guarantee the assigned percentage increase in funds per

29  unweighted FTE student. Should appropriated funds be less than

30  the sum of this calculated amount for all districts, the

31  commissioner shall prorate each district's allocation. This

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  provision shall be implemented to the extent specifically

 2  funded.

 3         (8)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH

 4  DISTRICT FOR CURRENT OPERATION.--The total annual state

 5  allocation to each district for current operation for the FEFP

 6  shall be distributed periodically in the manner prescribed in

 7  the General Appropriations Act.

 8         (a)  The basic amount for current operation for the

 9  FEFP as determined in subsection (1), multiplied by the

10  district cost differential factor as determined in subsection

11  (2), plus the amounts provided for categorical components

12  within the FEFP, plus the amount for the sparsity supplement

13  as determined in subsection (5)(6), the decline in full-time

14  equivalent students as determined in subsection (6)(7), and

15  the quality assurance guarantee as determined in subsection

16  (7)(8), less the required local effort as determined in

17  subsection (3)(4). If the funds appropriated for the purpose

18  of funding the total amount for current operation as provided

19  in this paragraph are not sufficient to pay the state

20  requirement in full, the department shall prorate the

21  available state funds to each district in the following

22  manner:

23         1.  Determine the percentage of proration by dividing

24  the sum of the total amount for current operation, as provided

25  in this paragraph for all districts collectively, and the

26  total district required local effort into the sum of the state

27  funds available for current operation and the total district

28  required local effort.

29         2.  Multiply the percentage so determined by the sum of

30  the total amount for current operation as provided in this

31  

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  paragraph and the required local effort for each individual

 2  district.

 3         3.  From the product of such multiplication, subtract

 4  the required local effort of each district; and the remainder

 5  shall be the amount of state funds allocated to the district

 6  for current operation.

 7         (b)  The amount thus obtained shall be the net annual

 8  allocation to each school district. However, if it is

 9  determined that any school district received an

10  underallocation or overallocation for any prior year because

11  of an arithmetical error, assessment roll change, full-time

12  equivalent student membership error, or any allocation error

13  revealed in an audit report, the allocation to that district

14  shall be appropriately adjusted. If the Department of

15  Education audit adjustment recommendation is based upon

16  controverted findings of fact, the Commissioner of Education

17  is authorized to establish the amount of the adjustment based

18  on the best interests of the state.

19         (c)  The amount thus obtained shall represent the net

20  annual state allocation to each district; however,

21  notwithstanding any of the provisions herein, each district

22  shall be guaranteed a minimum level of funding in the amount

23  and manner prescribed in the General Appropriations Act.

24         Section 2.  Subsection (2) of section 1011.68, Florida

25  Statutes, is amended to read:

26         1011.68  Funds for student transportation.--The annual

27  allocation to each district for transportation to public

28  school programs, including charter schools as provided in s.

29  1002.33(17)(b), of students in membership in kindergarten

30  through grade 12 and in migrant and exceptional student

31  programs below kindergarten shall be determined as follows:

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         (2)  The allocation for each district shall be

 2  calculated annually in accordance with the following formula:

 3  

 4  T = B + EX. The elements of this formula are defined as

 5  follows: T is the total dollar allocation for transportation.

 6  B is the base transportation dollar allocation prorated by an

 7  adjusted student membership count. The adjusted membership

 8  count shall be derived from a multiplicative index function in

 9  which the base student membership is adjusted by multiplying

10  it by index numbers that individually account for the impact

11  of the price level index, average bus occupancy, and the

12  extent of rural population in the district. EX is the base

13  transportation dollar allocation for disabled students

14  prorated by an adjusted disabled student membership count. The

15  base transportation dollar allocation for disabled students is

16  the total state base disabled student membership count

17  weighted for increased costs associated with transporting

18  disabled students and multiplying it by the prior year's

19  average per student cost for transportation. The adjusted

20  disabled student membership count shall be derived from a

21  multiplicative index function in which the weighted base

22  disabled student membership is adjusted by multiplying it by

23  index numbers that individually account for the impact of the

24  price level index, average bus occupancy, and the extent of

25  rural population in the district. Each adjustment factor shall

26  be designed to affect the base allocation by no more or less

27  than 10 percent.

28         Section 3.  Paragraph (a) of subsection (1) of section

29  110.1228, Florida Statutes, is amended to read:

30  

31  

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         110.1228  Participation by small counties, small

 2  municipalities, and district school boards located in small

 3  counties.--

 4         (1)  As used in this section, the term:

 5         (a)  "District school board" means a district school

 6  board located in a small county or a district school board

 7  that receives funding pursuant to s. 1011.62(5) s. 1011.62(6).

 8         Section 4.  Subsection (6) of section 213.053, Florida

 9  Statutes, is amended to read:

10         213.053  Confidentiality and information sharing.--

11         (6)  Any information received by the Department of

12  Revenue in connection with the administration of taxes,

13  including, but not limited to, information contained in

14  returns, reports, accounts, or declarations filed by persons

15  subject to tax, shall be made available by the department to

16  the Auditor General or his or her authorized agent, the

17  director of the Office of Program Policy Analysis and

18  Government Accountability or his or her authorized agent, the

19  Chief Financial Officer or his or her authorized agent, the

20  Director of the Office of Insurance Regulation of the

21  Financial Services Commission or his or her authorized agent,

22  or a property appraiser or tax collector or their authorized

23  agents pursuant to s. 195.084(1), in the performance of their

24  official duties, or to designated employees of the Department

25  of Education solely for determination of each school

26  district's price level index pursuant to s. 1011.62(2);

27  however, no information may not shall be disclosed to the

28  Auditor General or his or her authorized agent, the director

29  of the Office of Program Policy Analysis and Government

30  Accountability or his or her authorized agent, the Chief

31  Financial Officer or his or her authorized agent, the Director

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  of the Office of Insurance Regulation or his or her authorized

 2  agent, or to a property appraiser or tax collector or their

 3  authorized agents, or to designated employees of the

 4  Department of Education if such disclosure is prohibited by

 5  federal law. The Auditor General or his or her authorized

 6  agent, the director of the Office of Program Policy Analysis

 7  and Government Accountability or his or her authorized agent,

 8  the Chief Financial Officer or his or her authorized agent,

 9  the Director of the Office of Insurance Regulation or his or

10  her authorized agent, and the property appraiser or tax

11  collector and their authorized agents are, or designated

12  employees of the Department of Education shall be subject to

13  the same requirements of confidentiality and the same

14  penalties for violation of the requirements as the department.

15  For the purpose of this subsection, "designated employees of

16  the Department of Education" means only those employees

17  directly responsible for calculation of price level indices

18  pursuant to s. 1011.62(2). It does not include the supervisors

19  of such employees or any other employees or elected officials

20  within the Department of Education.

21         Section 5.  Subsection (7) of section 402.22, Florida

22  Statutes, is amended to read:

23         402.22  Education program for students who reside in

24  residential care facilities operated by the Department of

25  Children and Family Services.--

26         (7)  Notwithstanding the provisions of s.

27  1001.42(4)(n), the educational program at the Marianna Sunland

28  Center in Jackson County shall be operated by the Department

29  of Education, either directly or through grants or contractual

30  agreements with other public educational agencies. The annual

31  state allocation to any such agency shall be computed pursuant

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  to s. 1011.62(1), (2), and (4)(5) and allocated in the amount

 2  that would have been provided the local school district in

 3  which the residential facility is located.

 4         Section 6.  Paragraph (a) of subsection (6) of section

 5  1002.38, Florida Statutes, is amended to read:

 6         1002.38  Opportunity Scholarship Program.--

 7         (6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--

 8         (a)  The maximum opportunity scholarship granted for an

 9  eligible student shall be a calculated amount equivalent to

10  the base student allocation in the Florida Education Finance

11  Program multiplied by the appropriate cost factor for the

12  educational program that would have been provided for the

13  student in the district school to which he or she was

14  assigned, multiplied by the district cost differential. In

15  addition, the calculated amount shall include the per-student

16  share of instructional materials funds, technology funds, and

17  other categorical funds as provided for this purpose in the

18  General Appropriations Act.

19         Section 7.  Paragraph (a) of subsection (6) of section

20  1002.39, Florida Statutes, is amended to read:

21         1002.39  The John M. McKay Scholarships for Students

22  with Disabilities Program.--There is established a program

23  that is separate and distinct from the Opportunity Scholarship

24  Program and is named the John M. McKay Scholarships for

25  Students with Disabilities Program, pursuant to this section.

26         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

27         (a)1.  The maximum scholarship granted for an eligible

28  student with disabilities shall be a calculated amount

29  equivalent to the base student allocation in the Florida

30  Education Finance Program multiplied by the appropriate cost

31  factor for the educational program that would have been

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  provided for the student in the district school to which he or

 2  she was assigned, multiplied by the district cost

 3  differential.

 4         2.  In addition, a share of the guaranteed allocation

 5  for exceptional students shall be determined and added to the

 6  calculated amount.  The calculation shall be based on the

 7  methodology and the data used to calculate the guaranteed

 8  allocation for exceptional students for each district in

 9  chapter 2000-166, Laws of Florida.  Except as provided in

10  subparagraph 3., the calculation shall be based on the

11  student's grade, matrix level of services, and the difference

12  between the 2000-2001 basic program and the appropriate level

13  of services cost factor, multiplied by the 2000-2001 base

14  student allocation and the 2000-2001 district cost

15  differential for the sending district.  Also, the calculated

16  amount shall include the per-student share of supplemental

17  academic instruction funds, instructional materials funds,

18  technology funds, and other categorical funds as provided for

19  such purposes in the General Appropriations Act.

20         3.  Until the school district completes the matrix

21  required by paragraph (3)(b), the calculation shall be based

22  on the matrix that assigns the student to support level I of

23  service as it existed prior to the 2000-2001 school year.

24  When the school district completes the matrix, the amount of

25  the payment shall be adjusted as needed.

26         Section 8.  Paragraph (a) of subsection (6) of section

27  1004.75, Florida Statutes, is amended to read:

28         1004.75  Training school consolidation pilot

29  projects.--

30         (6)  FUNDING.--The Department of Education shall shift

31  funds generated by students in the pilot training centers

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1  established by this section, including workforce development

 2  recurring and nonrecurring funds, from the appropriate school

 3  district to the respective community college. The community

 4  college shall qualify for future facilities funding upon

 5  transfer of the facility.

 6         (a)  Consistent with s. 1011.62(6) s. 1011.62(7),

 7  school districts that transfer programs will receive an amount

 8  equal to 15 percent of the funding generated for the program

 9  under the FEFP in 1996-1997.

10         Section 9.  Paragraph (a) of subsection (2) and

11  paragraph (b) of subsection (3) of section 1010.20, Florida

12  Statutes, are amended to read:

13         1010.20  Cost accounting and reporting for school

14  districts.--

15         (2)  COST REPORTING.--

16         (a)  Each district shall report on a district-aggregate

17  basis expenditures for inservice training pursuant to s.

18  1011.62(2) s. 1011.62(3) and for categorical programs as

19  provided in s. 1011.62(4) s. 1011.62(5).

20         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

21         (b)  Funds for inservice training established in s.

22  1011.62(2) s. 1011.62(3) and for categorical programs

23  established in s. 1011.62(4) s. 1011.62(5) shall be expended

24  for the costs of the identified programs as provided by law

25  and in accordance with the rules of the State Board of

26  Education.

27         Section 10.  Subsection (3) of section 1011.02, Florida

28  Statutes, is amended to read:

29         1011.02  District school boards to adopt tentative

30  budget.--

31  

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         (3)  The proposed budget shall include an amount for

 2  local required effort for current operation, in accordance

 3  with the requirements of s. 1011.62(3) s. 1011.62(4).

 4         Section 11.  Subsections (1) and (4) of section

 5  1011.71, Florida Statutes, are amended to read:

 6         1011.71  District school tax.--

 7         (1)  If the district school tax is not provided in the

 8  General Appropriations Act or the substantive bill

 9  implementing the General Appropriations Act, each district

10  school board desiring to participate in the state allocation

11  of funds for current operation as prescribed by s. 1011.62(8)

12  s. 1011.62(9) shall levy on the taxable value for school

13  purposes of the district, exclusive of millage voted under the

14  provisions of s. 9(b) or s. 12, Art. VII of the State

15  Constitution, a millage rate not to exceed the amount

16  certified by the commissioner as the minimum millage rate

17  necessary to provide the district required local effort for

18  the current year, pursuant to s. 1011.62(3)(a)1. s.

19  1011.62(4)(a)1. In addition to the required local effort

20  millage levy, each district school board may levy a nonvoted

21  current operating discretionary millage. The Legislature shall

22  prescribe annually in the appropriations act the maximum

23  amount of millage a district may levy. The millage rate

24  prescribed shall exceed zero mills but shall not exceed the

25  lesser of 1.6 mills or 25 percent of the millage which is

26  required pursuant to s. 1011.62(3) s. 1011.62(4), exclusive of

27  millage levied pursuant to subsection (2).

28         (4)  Section 1011.62(3)(a)1. may not Nothing in s.

29  1011.62(4)(a)1. shall in any way be construed to increase the

30  maximum school millage levies as provided for in subsection

31  (1).

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 310
    21-248-04




 1         Section 12.  Section 1012.44, Florida Statutes, is

 2  amended to read:

 3         1012.44  Qualifications for certain persons providing

 4  speech-language services.--The State Board of Education shall

 5  adopt rules for speech-language services to school districts

 6  that qualify for the sparsity supplement as described in s.

 7  1011.62(5) s. 1011.62(6). These services may be provided by

 8  baccalaureate degree level persons for a period of 3 years.

 9  The rules shall authorize the delivery of speech-language

10  services by baccalaureate degree level persons under the

11  direction of a certified speech-language pathologist with a

12  master's degree or higher. By October 1, 2003, these rules

13  shall be reviewed by the State Board of Education.

14         Section 13.  Subsection (2) of section 1012.64, Florida

15  Statutes, is amended to read:

16         1012.64  Sabbatical leave.--

17         (2)  Funds, not to exceed 25 percent, of the district's

18  allocation for inservice training under s. 1011.62(2) s.

19  1011.62(3) or other district funds may be expended in order to

20  fulfill the provisions of this section, provided that the

21  district allocates $5 of district funds for each $1 of state

22  inservice training funds expended under this subsection.

23         Section 14.  This act shall take effect July 1, 2004.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Amends provisions relating to funding for school
      districts. Deletes the determination of district cost
28    differentials for the purpose of allocating funds to
      school districts for the operation of schools. Deletes
29    use of the Florida Price Level Index for the purpose of
      allocating funds to school districts for student
30    transportation.

31  

                                  34

CODING: Words stricken are deletions; words underlined are additions.