Amendment
Bill No. 0388
Amendment No. 935807
CHAMBER ACTION
Senate House
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1Representative(s) Pickens offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraph (b) of subsection (2) of section
6287.055, Florida Statutes, is amended, and paragraph (e) is
7added to subsection (4) of said section, to read:
8     287.055  Acquisition of professional architectural,
9engineering, landscape architectural, or surveying and mapping
10services; definitions; procedures; contingent fees prohibited;
11penalties.--
12     (2)  DEFINITIONS.--For purposes of this section:
13     (b)  "Agency" means the state, a state agency, a
14municipality, a political subdivision, a school district, or a
15school board, or a regional consortium service organization
16formed under s. 1001.451. The term "agency" does not extend to a
17nongovernmental developer that contributes public facilities to
18a political subdivision under s. 380.06 or ss. 163.3220-
19163.3243.
20     (4)  COMPETITIVE SELECTION.--
21     (e)  A school district may make purchases under contracts
22procured pursuant to this section by a regional consortium
23service organization, formed under s. 1001.451, of which it is a
24member.
25     Section 2.  Paragraph (a) of subsection (2) of section
261001.451, Florida Statutes, is amended to read:
27     1001.451  Regional consortium service organizations.--In
28order to provide a full range of programs to larger numbers of
29students, minimize duplication of services, and encourage the
30development of new programs and services:
31     (2)(a)  Each regional consortium service organization that
32consists of four or more school districts is eligible to
33receive, through the Department of Education, an incentive grant
34as provided in the annual General Appropriations Act of $25,000
35per school district to be used for the delivery of services
36within the participating school districts.
37     Section 3.  Section 1001.453, Florida Statutes, is amended
38to read:
39     1001.453  Direct-support organization; use of property;
40board of directors; audit.--
41     (1)  DEFINITIONS.--For the purposes of this section, the
42term:
43     (a)  "District school board Direct-support organization"
44means a district school board direct-support organization or a
45regional consortium service organization direct-support an
46organization that:
47     1.  Is approved by the district school board or regional
48consortium service organization board of directors;
49     2.  Is a Florida corporation not for profit, incorporated
50under the provisions of chapter 617 and approved by the
51Department of State; and
52     3.  Is organized and operated exclusively to receive, hold,
53invest, and administer property and to make expenditures to or
54for the benefit of public kindergarten through 12th grade
55education and adult career and community education programs in
56this state.
57     (b)  "Personal services" includes full-time or part-time
58personnel, as well as payroll processing.
59     (c)  "Regional consortium service organization" means an
60organization formed under s. 1001.451.
61     (2)  USE OF PROPERTY.--A district school board or regional
62consortium service organization board of directors:
63     (a)  Is authorized to permit the use of property,
64facilities, and personal services of the district or regional
65consortium service organization by a direct-support
66organization, subject to the provisions of this section.
67     (b)  Shall prescribe by rule conditions with which a
68district school board direct-support organization must comply in
69order to use property, facilities, or personal services of the
70district or regional consortium service organization. Adoption
71of such rules shall be coordinated with the Department of
72Education. The rules shall provide for budget and audit review
73and oversight by the district school board or regional
74consortium service organization board of directors and the
75department.
76     (c)  Shall not permit the use of property, facilities, or
77personal services of a direct-support organization if such
78organization does not provide equal employment opportunities to
79all persons, regardless of race, color, religion, sex, age, or
80national origin.
81     (3)  BOARD OF DIRECTORS.--The board of directors of the
82district school board direct-support organization shall be
83approved by the district school board or the regional consortium
84service organization board of directors.
85     (4)  ANNUAL AUDIT.--Each direct-support organization with
86more than $100,000 in expenditures or expenses shall provide for
87an annual financial audit of its financial statements in order
88to express an opinion on the fairness with which the financial
89statements are presented in conformance with generally accepted
90accounting principles. The audit is accounts and records, to be
91conducted by an independent certified public accountant in
92accordance with rules adopted by the Auditor General pursuant to
93s. 11.45(8) and the Commissioner of Education. The annual audit
94report shall be submitted to the Auditor General and the
95district school board or regional consortium service
96organization board of directors for review within 9 months after
97the end of the fiscal year or by the date established by year's
98end to the district school board or regional consortium service
99organization board of directors and the Auditor General,
100whichever is earlier. The Commissioner of Education, the Auditor
101General, and the Office of Program Policy Analysis and
102Government Accountability have the authority to require and
103receive from the organization or the district auditor or
104regional consortium service organization auditor any records
105relative to the operation of the organization. The identity of
106donors and all information identifying donors and prospective
107donors are confidential and exempt from the provisions of s.
108119.07(1), and that anonymity shall be maintained in the
109auditor's report. All other records and information shall be
110considered public records for the purposes of chapter 119.
111     Section 4.  Subsection (5) of section 1009.50, Florida
112Statutes, is amended to read:
113     1009.50  Florida Public Student Assistance Grant Program;
114eligibility for grants.--
115     (5)  Funds appropriated by the Legislature for state
116student assistance grants may shall be deposited in the State
117Student Financial Assistance Trust Fund. Notwithstanding the
118provisions of s. 216.301 and pursuant to s. 216.351, any balance
119in the trust fund at the end of any fiscal year that has been
120allocated to the Florida Public Student Assistance Grant Program
121shall remain therein and shall be available for carrying out the
122purposes of this section.
123     Section 5.  Subsection (5) of section 1009.51, Florida
124Statutes, is amended to read:
125     1009.51  Florida Private Student Assistance Grant Program;
126eligibility for grants.--
127     (5)  Funds appropriated by the Legislature for Florida
128private student assistance grants may shall be deposited in the
129State Student Financial Assistance Trust Fund. Notwithstanding
130the provisions of s. 216.301 and pursuant to s. 216.351, any
131balance in the trust fund at the end of any fiscal year that has
132been allocated to the Florida Private Student Assistance Grant
133Program shall remain therein and shall be available for carrying
134out the purposes of this section and as otherwise provided by
135law.
136     Section 6.  Subsection (6) of section 1009.52, Florida
137Statutes, is amended to read:
138     1009.52  Florida Postsecondary Student Assistance Grant
139Program; eligibility for grants.--
140     (6)  Funds appropriated by the Legislature for Florida
141postsecondary student assistance grants may shall be deposited
142in the State Student Financial Assistance Trust Fund.
143Notwithstanding the provisions of s. 216.301 and pursuant to s.
144216.351, any balance in the trust fund at the end of any fiscal
145year that has been allocated to the Florida Postsecondary
146Student Assistance Grant Program shall remain therein and shall
147be available for carrying out the purposes of this section and
148as otherwise provided by law.
149     Section 7.  Subsection (6) of section 1009.89, Florida
150Statutes, is amended to read:
151     1009.89  The William L. Boyd, IV, Florida resident access
152grants.--
153     (6)  Funds appropriated by the Legislature for the William
154L. Boyd, IV, Florida Resident Access Grant Program may shall be
155deposited in the State Student Financial Assistance Trust Fund.
156Notwithstanding the provisions of s. 216.301 and pursuant to s.
157216.351, any balance in the trust fund at the end of any fiscal
158year which has been allocated to the William L. Boyd, IV,
159Florida Resident Access Grant Program shall remain therein and
160shall be available for carrying out the purposes of this
161section. If the number of eligible students exceeds the total
162authorized in the General Appropriations Act, an institution may
163use its own resources to assure that each eligible student
164receives the full benefit of the grant amount authorized.
165     Section 8.  Section 1010.09, Florida Statutes, is amended
166to read:
167     1010.09  Direct-support organizations.--School district,
168regional consortium service organization, community college, and
169university direct-support organizations shall be organized and
170conducted under the provisions of ss. 1001.453, 1004.28, and
1711004.70 and rules of the State Board of Education, as
172applicable.
173     Section 9.  Section 1010.34, Florida Statutes, is amended
174to read:
175     1010.34  Audits of direct-support organizations.--Audits of
176school district, regional consortium service organization,
177community college, and state university direct-support
178organizations are subject to the audit provisions of ss.
1791001.453(4), 1004.28(5), and 1004.70(6), as applicable.
180     Section 10.  Section 1010.72, Florida Statutes, is amended
181to read:
182     1010.72  Dale Hickam Excellent Teaching Program Trust
183Fund.--The Dale Hickam Excellent Teaching Program Trust Fund is
184created to be administered by the Department of Education. Funds
185may must be credited to the trust fund as provided in chapter
18698-309, Laws of Florida, to be used for the purposes set forth
187therein.
188     Section 11.  Subsection (6) of section 1011.62, Florida
189Statutes, is amended to read:
190     1011.62  Funds for operation of schools.--If the annual
191allocation from the Florida Education Finance Program to each
192district for operation of schools is not determined in the
193annual appropriations act or the substantive bill implementing
194the annual appropriations act, it shall be determined as
195follows:
196     (6)  DETERMINATION OF SPARSITY SUPPLEMENT.--
197     (a)  Annually, in an amount to be determined by the
198Legislature through the General Appropriations Act, there shall
199be added to the basic amount for current operation of the FEFP
200qualified districts a sparsity supplement which shall be
201computed as follows:
202
 
Sparsity Factor =  1101.8918____2700 + district       sparsity       index-0.1101
203
204except that districts with a sparsity index of 1,000 or less
205shall be computed as having a sparsity index of 1,000, and
206districts having a sparsity index of 7,308 and above shall be
207computed as having a sparsity factor of zero. A qualified
208district's full-time equivalent student membership shall equal
209or be less than that prescribed annually by the Legislature in
210the appropriations act. The amount prescribed annually by the
211Legislature shall be no less than 17,000, but no more than
21224,000. A district that exceeds the full-time equivalent student
213membership requirement shall receive a one-time transition
214supplement in the amount of one-half of the sparsity supplement
215calculated for said district provided the district qualified for
216the sparsity supplement in each of the most recent 3 fiscal
217years.
218     (b)  The district sparsity index shall be computed by
219dividing the total number of full-time equivalent students in
220all programs in the district by the number of senior high school
221centers in the district, not in excess of three, which centers
222are approved as permanent centers by a survey made by the
223Department of Education.
224     (c)  Each district's allocation of sparsity supplement
225funds shall be adjusted in the following manner:
226     1.  A maximum discretionary levy per FTE value for each
227district shall be calculated by dividing the value of each
228district's maximum discretionary levy by its FTE student count.;
229     2.  A state average discretionary levy value per FTE shall
230be calculated by dividing the total maximum discretionary levy
231value for all districts by the state total FTE student count.;
232     3.  A total potential funds per FTE for each district shall
233be calculated by dividing the total potential funds, not
234including Florida School Recognition Program funds and the
235minimum guarantee, for each district by its FTE student count.
236     4.  A state average total potential funds per FTE shall be
237calculated by dividing the total potential funds, not including
238Florida School Recognition Program funds and the minimum
239guarantee, for all districts by the state total FTE student
240count.
241     5.3.  For districts that have a levy value per FTE as
242calculated in subparagraph 1. higher than the state average
243calculated in subparagraph 2., a sparsity wealth adjustment
244shall be calculated as the product of the difference between the
245state average levy value per FTE calculated in subparagraph 2.
246and the district's levy value per FTE calculated in subparagraph
2471. and the district's FTE student count and -1. However, no
248district shall have a sparsity wealth adjustment which, when
249applied to the total potential funds calculated in subparagraph
2503., would cause the district's total potential funds per FTE to
251be less than the state average calculated in subparagraph 4.;
252     6.4.  Each district's sparsity supplement allocation shall
253be calculated by adding the amount calculated as specified in
254paragraphs (a) and (b) and the wealth adjustment amount
255calculated in this paragraph.
256     Section 12.  Section 1011.765, Florida Statutes, is amended
257to read:
258     1011.765  Florida Academic Improvement Trust Fund matching
259grants.--
260     (1)  MATCHING GRANTS.--The Florida Academic Improvement
261Trust Fund shall be utilized to provide matching grants to the
262Florida School for the Deaf and the Blind Endowment Fund, and to
263any public school district education foundation, and any
264regional consortium service organization education foundation
265that meets the requirements of this section and is recognized by
266the local school district as a its designated K-12 education
267foundation. For purposes of this section, "regional consortium
268service organization" means an organization formed under s.
2691001.451.
270     (a)  The State Board of Education shall adopt rules for the
271administration, submission, documentation, evaluation, and
272approval of requests for matching funds and for maintaining
273accountability for matching funds.
274     (b)  Donations, state matching funds, or proceeds from
275endowments established pursuant to this section shall be used at
276the discretion of the public school district education
277foundation, the regional consortium service organization
278education foundation, or the Florida School for the Deaf and the
279Blind for academic achievement within the school district,
280school districts, or school, and shall not be expended for the
281construction of facilities or for the support of interscholastic
282athletics. A No public school district education foundation, a
283regional consortium service organization education foundation,
284or the Florida School for the Deaf and the Blind shall not
285accept or purchase facilities for which the state will be asked
286for operating funds unless the Legislature has granted prior
287approval for such acquisition.
288     (2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated to
289the Florida Academic Improvement Trust Fund shall be allocated
290by the Department of Education in the following manner:
291     (a)  For every year in which there is a legislative
292appropriation to the trust fund, an equal amount of the annual
293appropriation, to be determined by dividing the total
294legislative appropriation by the number of local education
295foundations and regional consortium service organization
296education foundations, as well as the Florida School for the
297Deaf and the Blind, must be reserved for each public school
298district education foundation, each regional consortium service
299organization education foundation, and the Florida School for
300the Deaf and the Blind Endowment Fund to provide each foundation
301and the Florida School for the Deaf and the Blind with an
302opportunity to receive and match appropriated funds. Trust funds
303that remain unmatched by contribution on April 1 of any year
304shall be made available for matching by any public school
305district education foundation, by any regional consortium
306service organization education foundation, and by the Florida
307School for the Deaf and the Blind which shall have an
308opportunity to apply for excess trust funds prior to the award
309of such funds.
310     (b)  Matching grants shall be proportionately allocated
311from the trust fund on the basis of matching each $4 of state
312funds with $6 of private funds. To be eligible for matching, a
313minimum of $4,500 must be raised from private sources.
314     (c)  Funds sufficient to provide the match shall be
315transferred from the state trust fund to the public school
316education foundation, to the regional consortium service
317organization education foundation, or to the Florida School for
318the Deaf and the Blind Endowment Fund upon notification that a
319proportionate amount has been received and deposited by the
320foundation or school into its own trust fund.
321     (d)  If the total of the amounts to be distributed in any
322quarter pursuant to this subsection exceeds the amount of funds
323remaining from specific appropriations made for the
324implementation of this section, all grants shall be
325proportionately reduced so that the total of matching grants
326distributed does not exceed available appropriations.
327     (3)  GRANT ADMINISTRATION.--
328     (a)  Each public school district education foundation, each
329regional consortium service organization education foundation,
330and the Florida School for the Deaf and the Blind participating
331in the Florida Academic Improvement Trust Fund shall separately
332account for all funds received pursuant to this section, and may
333establish its own academic improvement trust fund as a
334depository for the private contributions, state matching funds,
335and earnings on investments of such funds. State matching funds
336shall be transferred to the public school district education
337foundation, to the regional consortium service organization
338education foundation, or to the Florida School for the Deaf and
339the Blind Endowment Fund upon notification that the foundation
340or school has received and deposited private contributions that
341meet the criteria for matching as provided in this section. The
342public school district education foundations, the regional
343consortium service organization education foundations, and the
344Florida School for the Deaf and the Blind are responsible for
345the maintenance, investment, and administration of their
346academic improvement trust funds.
347     (b)  The public school district education foundations, the
348regional consortium service organization education foundations,
349and the Florida School for the Deaf and the Blind shall be
350responsible for soliciting and receiving contributions to be
351deposited and matched with grants for academic achievement
352within the school district, school districts, or school.
353     (c)  Each public school district education foundation, each
354regional consortium service organization education foundation,
355and the Florida School for the Deaf and the Blind shall be
356responsible for proper expenditure of the funds received
357pursuant to this section.
358     Section 13.  Subsection (1) of section 1011.94, Florida
359Statutes, is amended to read:
360     1011.94  Trust Fund for University Major Gifts.--
361     (1)  There is established a Trust Fund for University Major
362Gifts. The purpose of the trust fund is to enable each
363university and New College to provide donors with an incentive
364in the form of matching grants for donations for the
365establishment of permanent endowments and sales tax exemption
366matching funds received pursuant to s. 212.08(5)(j), which must
367be invested, with the proceeds of the investment used to support
368libraries and instruction and research programs, as defined by
369the State Board of Education. All funds appropriated for the
370challenge grants, new donors, major gifts, sales tax exemption
371matching funds pursuant to s. 212.08(5)(j), or eminent scholars
372program may must be deposited into the trust fund and invested
373pursuant to s. 17.61 until the State Board of Education
374allocates the funds to universities to match private donations.
375Notwithstanding s. 216.301 and pursuant to s. 216.351, any
376undisbursed balance remaining in the trust fund and interest
377income accruing to the portion of the trust fund which is not
378matched and distributed to universities must remain in the trust
379fund and be used to increase the total funds available for
380challenge grants. Funds deposited in the trust fund for the
381sales tax exemption matching program authorized in s.
382212.08(5)(j), and interest earnings thereon, shall be maintained
383in a separate account within the Trust Fund for University Major
384Gifts, and may be used only to match qualified sales tax
385exemptions that a certified business designates for use by state
386universities and community colleges to support research and
387development projects requested by the certified business. The
388State Board of Education may authorize any university to
389encumber the state matching portion of a challenge grant from
390funds available under s. 1011.45.
391     Section 14.  Subsections (1) and (3) of section 1013.79,
392Florida Statutes, are amended to read:
393     1013.79  University Facility Enhancement Challenge Grant
394Program.--
395     (1)  The Legislature recognizes that the universities do
396not have sufficient physical facilities to meet the current
397demands of their instructional and research programs. It further
398recognizes that, to strengthen and enhance universities, it is
399necessary to provide facilities in addition to those currently
400available from existing revenue sources. It further recognizes
401that there are sources of private support that, if matched with
402state support, can assist in constructing much-needed facilities
403and strengthen the commitment of citizens and organizations in
404promoting excellence throughout the state universities.
405Therefore, it is the intent of the Legislature to establish a
406trust fund to provide the opportunity for each university to
407receive support for and match challenge grants for instructional
408and research-related capital facilities within the university.
409     (3)  There is established the Alec P. Courtelis Capital
410Facilities Matching Trust Fund for the purpose of providing
411matching funds from private contributions for the development of
412high priority instructional and research-related capital
413facilities, including common areas connecting such facilities,
414within a university. The Legislature may shall appropriate funds
415to be transferred to the trust fund. The Public Education
416Capital Outlay and Debt Service Trust Fund, Capital Improvement
417Trust Fund, Division of Sponsored Research Trust Fund, and
418Contracts and Grants Trust Fund shall not be used as the source
419of the state match for private contributions. All appropriated
420funds deposited into the trust fund shall be invested pursuant
421to the provisions of s. 17.61. Interest income accruing to that
422portion of the trust fund shall increase the total funds
423available for the challenge grant program. Interest income
424accruing from the private donations shall be returned to the
425participating foundation upon completion of the project. The
426State Board of Education shall administer the trust fund and all
427related construction activities.
428     Section 15.  This act shall take effect July 1, 2005.
429
430================= T I T L E  A M E N D M E N T =================
431     Remove the entire title and insert:
432
A bill to be entitled
433An act relating to education funding; amending s. 287.055,
434F.S.; including regional consortium service organizations
435under provisions relating to procurement and competitive
436selection of certain professional services; amending s.
4371001.451, F.S.; revising provisions for award of incentive
438grants to regional consortium service organizations;
439amending 1001.453, F.S.; revising definition of direct-
440support organization to include a regional consortium
441service organization direct-support organization;
442authorizing use of property and requiring rules; providing
443for approval of a board of directors and requiring audits;
444amending ss. 1009.50, 1009.51, 1009.52, and 1009.89, F.S.;
445authorizing funds appropriated for Florida public student
446assistance grants, Florida private student assistance
447grants, Florida postsecondary student assistance grants,
448and William L. Boyd, IV, Florida resident access grants to
449be deposited in the State Student Financial Assistance
450Trust Fund; amending ss. 1010.09 and 1010.34, F.S.;
451conforming provisions relating to direct-support
452organizations and audits thereof; amending s. 1010.72,
453F.S.; authorizing funds to be credited to the Dale Hickam
454Excellent Teaching Program Trust Fund; amending s.
4551011.62, F.S., relating to funds for operation of schools;
456providing for a transition sparsity supplement under
457certain circumstances; revising provisions relating to the
458manner in which each school district's allocation of
459sparsity supplement funds shall be adjusted; amending s.
4601011.765, F.S.; providing that the Florida Academic
461Improvement Trust Fund shall be utilized to provide
462matching grants to regional consortium service
463organization education foundations; amending s. 1011.94,
464F.S.; authorizing funds to be deposited in the Trust Fund
465for University Major Gifts; amending s. 1013.79, F.S.;
466authorizing the appropriation of funds to be transferred
467to the Alec P. Courtelis Capital Facilities Matching Trust
468Fund; providing an effective date.


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