1 | Representative(s) Pickens offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Paragraph (b) of subsection (2) of section |
6 | 287.055, Florida Statutes, is amended, and paragraph (e) is |
7 | added to subsection (4) of said section, to read: |
8 | 287.055 Acquisition of professional architectural, |
9 | engineering, landscape architectural, or surveying and mapping |
10 | services; definitions; procedures; contingent fees prohibited; |
11 | penalties.-- |
12 | (2) DEFINITIONS.--For purposes of this section: |
13 | (b) "Agency" means the state, a state agency, a |
14 | municipality, a political subdivision, a school district, or a |
15 | school board, or a regional consortium service organization |
16 | formed under s. 1001.451. The term "agency" does not extend to a |
17 | nongovernmental developer that contributes public facilities to |
18 | a political subdivision under s. 380.06 or ss. 163.3220- |
19 | 163.3243. |
20 | (4) COMPETITIVE SELECTION.-- |
21 | (e) A school district may make purchases under contracts |
22 | procured pursuant to this section by a regional consortium |
23 | service organization, formed under s. 1001.451, of which it is a |
24 | member. |
25 | Section 2. Paragraph (a) of subsection (2) of section |
26 | 1001.451, Florida Statutes, is amended to read: |
27 | 1001.451 Regional consortium service organizations.--In |
28 | order to provide a full range of programs to larger numbers of |
29 | students, minimize duplication of services, and encourage the |
30 | development of new programs and services: |
31 | (2)(a) Each regional consortium service organization that |
32 | consists of four or more school districts is eligible to |
33 | receive, through the Department of Education, an incentive grant |
34 | as provided in the annual General Appropriations Act of $25,000 |
35 | per school district to be used for the delivery of services |
36 | within the participating school districts. |
37 | Section 3. Section 1001.453, Florida Statutes, is amended |
38 | to read: |
39 | 1001.453 Direct-support organization; use of property; |
40 | board of directors; audit.-- |
41 | (1) DEFINITIONS.--For the purposes of this section, the |
42 | term: |
43 | (a) "District school board Direct-support organization" |
44 | means a district school board direct-support organization or a |
45 | regional consortium service organization direct-support an |
46 | organization that: |
47 | 1. Is approved by the district school board or regional |
48 | consortium service organization board of directors; |
49 | 2. Is a Florida corporation not for profit, incorporated |
50 | under the provisions of chapter 617 and approved by the |
51 | Department of State; and |
52 | 3. Is organized and operated exclusively to receive, hold, |
53 | invest, and administer property and to make expenditures to or |
54 | for the benefit of public kindergarten through 12th grade |
55 | education and adult career and community education programs in |
56 | this state. |
57 | (b) "Personal services" includes full-time or part-time |
58 | personnel, as well as payroll processing. |
59 | (c) "Regional consortium service organization" means an |
60 | organization formed under s. 1001.451. |
61 | (2) USE OF PROPERTY.--A district school board or regional |
62 | consortium service organization board of directors: |
63 | (a) Is authorized to permit the use of property, |
64 | facilities, and personal services of the district or regional |
65 | consortium service organization by a direct-support |
66 | organization, subject to the provisions of this section. |
67 | (b) Shall prescribe by rule conditions with which a |
68 | district school board direct-support organization must comply in |
69 | order to use property, facilities, or personal services of the |
70 | district or regional consortium service organization. Adoption |
71 | of such rules shall be coordinated with the Department of |
72 | Education. The rules shall provide for budget and audit review |
73 | and oversight by the district school board or regional |
74 | consortium service organization board of directors and the |
75 | department. |
76 | (c) Shall not permit the use of property, facilities, or |
77 | personal services of a direct-support organization if such |
78 | organization does not provide equal employment opportunities to |
79 | all persons, regardless of race, color, religion, sex, age, or |
80 | national origin. |
81 | (3) BOARD OF DIRECTORS.--The board of directors of the |
82 | district school board direct-support organization shall be |
83 | approved by the district school board or the regional consortium |
84 | service organization board of directors. |
85 | (4) ANNUAL AUDIT.--Each direct-support organization with |
86 | more than $100,000 in expenditures or expenses shall provide for |
87 | an annual financial audit of its financial statements in order |
88 | to express an opinion on the fairness with which the financial |
89 | statements are presented in conformance with generally accepted |
90 | accounting principles. The audit is accounts and records, to be |
91 | conducted by an independent certified public accountant in |
92 | accordance with rules adopted by the Auditor General pursuant to |
93 | s. 11.45(8) and the Commissioner of Education. The annual audit |
94 | report shall be submitted to the Auditor General and the |
95 | district school board or regional consortium service |
96 | organization board of directors for review within 9 months after |
97 | the end of the fiscal year or by the date established by year's |
98 | end to the district school board or regional consortium service |
99 | organization board of directors and the Auditor General, |
100 | whichever is earlier. The Commissioner of Education, the Auditor |
101 | General, and the Office of Program Policy Analysis and |
102 | Government Accountability have the authority to require and |
103 | receive from the organization or the district auditor or |
104 | regional consortium service organization auditor any records |
105 | relative to the operation of the organization. The identity of |
106 | donors and all information identifying donors and prospective |
107 | donors are confidential and exempt from the provisions of s. |
108 | 119.07(1), and that anonymity shall be maintained in the |
109 | auditor's report. All other records and information shall be |
110 | considered public records for the purposes of chapter 119. |
111 | Section 4. Subsection (5) of section 1009.50, Florida |
112 | Statutes, is amended to read: |
113 | 1009.50 Florida Public Student Assistance Grant Program; |
114 | eligibility for grants.-- |
115 | (5) Funds appropriated by the Legislature for state |
116 | student assistance grants may shall be deposited in the State |
117 | Student Financial Assistance Trust Fund. Notwithstanding the |
118 | provisions of s. 216.301 and pursuant to s. 216.351, any balance |
119 | in the trust fund at the end of any fiscal year that has been |
120 | allocated to the Florida Public Student Assistance Grant Program |
121 | shall remain therein and shall be available for carrying out the |
122 | purposes of this section. |
123 | Section 5. Subsection (5) of section 1009.51, Florida |
124 | Statutes, is amended to read: |
125 | 1009.51 Florida Private Student Assistance Grant Program; |
126 | eligibility for grants.-- |
127 | (5) Funds appropriated by the Legislature for Florida |
128 | private student assistance grants may shall be deposited in the |
129 | State Student Financial Assistance Trust Fund. Notwithstanding |
130 | the provisions of s. 216.301 and pursuant to s. 216.351, any |
131 | balance in the trust fund at the end of any fiscal year that has |
132 | been allocated to the Florida Private Student Assistance Grant |
133 | Program shall remain therein and shall be available for carrying |
134 | out the purposes of this section and as otherwise provided by |
135 | law. |
136 | Section 6. Subsection (6) of section 1009.52, Florida |
137 | Statutes, is amended to read: |
138 | 1009.52 Florida Postsecondary Student Assistance Grant |
139 | Program; eligibility for grants.-- |
140 | (6) Funds appropriated by the Legislature for Florida |
141 | postsecondary student assistance grants may shall be deposited |
142 | in the State Student Financial Assistance Trust Fund. |
143 | Notwithstanding the provisions of s. 216.301 and pursuant to s. |
144 | 216.351, any balance in the trust fund at the end of any fiscal |
145 | year that has been allocated to the Florida Postsecondary |
146 | Student Assistance Grant Program shall remain therein and shall |
147 | be available for carrying out the purposes of this section and |
148 | as otherwise provided by law. |
149 | Section 7. Subsection (6) of section 1009.89, Florida |
150 | Statutes, is amended to read: |
151 | 1009.89 The William L. Boyd, IV, Florida resident access |
152 | grants.-- |
153 | (6) Funds appropriated by the Legislature for the William |
154 | L. Boyd, IV, Florida Resident Access Grant Program may shall be |
155 | deposited in the State Student Financial Assistance Trust Fund. |
156 | Notwithstanding the provisions of s. 216.301 and pursuant to s. |
157 | 216.351, any balance in the trust fund at the end of any fiscal |
158 | year which has been allocated to the William L. Boyd, IV, |
159 | Florida Resident Access Grant Program shall remain therein and |
160 | shall be available for carrying out the purposes of this |
161 | section. If the number of eligible students exceeds the total |
162 | authorized in the General Appropriations Act, an institution may |
163 | use its own resources to assure that each eligible student |
164 | receives the full benefit of the grant amount authorized. |
165 | Section 8. Section 1010.09, Florida Statutes, is amended |
166 | to read: |
167 | 1010.09 Direct-support organizations.--School district, |
168 | regional consortium service organization, community college, and |
169 | university direct-support organizations shall be organized and |
170 | conducted under the provisions of ss. 1001.453, 1004.28, and |
171 | 1004.70 and rules of the State Board of Education, as |
172 | applicable. |
173 | Section 9. Section 1010.34, Florida Statutes, is amended |
174 | to read: |
175 | 1010.34 Audits of direct-support organizations.--Audits of |
176 | school district, regional consortium service organization, |
177 | community college, and state university direct-support |
178 | organizations are subject to the audit provisions of ss. |
179 | 1001.453(4), 1004.28(5), and 1004.70(6), as applicable. |
180 | Section 10. Section 1010.72, Florida Statutes, is amended |
181 | to read: |
182 | 1010.72 Dale Hickam Excellent Teaching Program Trust |
183 | Fund.--The Dale Hickam Excellent Teaching Program Trust Fund is |
184 | created to be administered by the Department of Education. Funds |
185 | may must be credited to the trust fund as provided in chapter |
186 | 98-309, Laws of Florida, to be used for the purposes set forth |
187 | therein. |
188 | Section 11. Subsection (6) of section 1011.62, Florida |
189 | Statutes, is amended to read: |
190 | 1011.62 Funds for operation of schools.--If the annual |
191 | allocation from the Florida Education Finance Program to each |
192 | district for operation of schools is not determined in the |
193 | annual appropriations act or the substantive bill implementing |
194 | the annual appropriations act, it shall be determined as |
195 | follows: |
196 | (6) DETERMINATION OF SPARSITY SUPPLEMENT.-- |
197 | (a) Annually, in an amount to be determined by the |
198 | Legislature through the General Appropriations Act, there shall |
199 | be added to the basic amount for current operation of the FEFP |
200 | qualified districts a sparsity supplement which shall be |
201 | computed as follows: |
202 |
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| Sparsity Factor = | 1101.8918____2700 + district sparsity index | -0.1101 |
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203 |
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204 | except that districts with a sparsity index of 1,000 or less |
205 | shall be computed as having a sparsity index of 1,000, and |
206 | districts having a sparsity index of 7,308 and above shall be |
207 | computed as having a sparsity factor of zero. A qualified |
208 | district's full-time equivalent student membership shall equal |
209 | or be less than that prescribed annually by the Legislature in |
210 | the appropriations act. The amount prescribed annually by the |
211 | Legislature shall be no less than 17,000, but no more than |
212 | 24,000. A district that exceeds the full-time equivalent student |
213 | membership requirement shall receive a one-time transition |
214 | supplement in the amount of one-half of the sparsity supplement |
215 | calculated for said district provided the district qualified for |
216 | the sparsity supplement in each of the most recent 3 fiscal |
217 | years. |
218 | (b) The district sparsity index shall be computed by |
219 | dividing the total number of full-time equivalent students in |
220 | all programs in the district by the number of senior high school |
221 | centers in the district, not in excess of three, which centers |
222 | are approved as permanent centers by a survey made by the |
223 | Department of Education. |
224 | (c) Each district's allocation of sparsity supplement |
225 | funds shall be adjusted in the following manner: |
226 | 1. A maximum discretionary levy per FTE value for each |
227 | district shall be calculated by dividing the value of each |
228 | district's maximum discretionary levy by its FTE student count.; |
229 | 2. A state average discretionary levy value per FTE shall |
230 | be calculated by dividing the total maximum discretionary levy |
231 | value for all districts by the state total FTE student count.; |
232 | 3. A total potential funds per FTE for each district shall |
233 | be calculated by dividing the total potential funds, not |
234 | including Florida School Recognition Program funds and the |
235 | minimum guarantee, for each district by its FTE student count. |
236 | 4. A state average total potential funds per FTE shall be |
237 | calculated by dividing the total potential funds, not including |
238 | Florida School Recognition Program funds and the minimum |
239 | guarantee, for all districts by the state total FTE student |
240 | count. |
241 | 5.3. For districts that have a levy value per FTE as |
242 | calculated in subparagraph 1. higher than the state average |
243 | calculated in subparagraph 2., a sparsity wealth adjustment |
244 | shall be calculated as the product of the difference between the |
245 | state average levy value per FTE calculated in subparagraph 2. |
246 | and the district's levy value per FTE calculated in subparagraph |
247 | 1. and the district's FTE student count and -1. However, no |
248 | district shall have a sparsity wealth adjustment which, when |
249 | applied to the total potential funds calculated in subparagraph |
250 | 3., would cause the district's total potential funds per FTE to |
251 | be less than the state average calculated in subparagraph 4.; |
252 | 6.4. Each district's sparsity supplement allocation shall |
253 | be calculated by adding the amount calculated as specified in |
254 | paragraphs (a) and (b) and the wealth adjustment amount |
255 | calculated in this paragraph. |
256 | Section 12. Section 1011.765, Florida Statutes, is amended |
257 | to read: |
258 | 1011.765 Florida Academic Improvement Trust Fund matching |
259 | grants.-- |
260 | (1) MATCHING GRANTS.--The Florida Academic Improvement |
261 | Trust Fund shall be utilized to provide matching grants to the |
262 | Florida School for the Deaf and the Blind Endowment Fund, and to |
263 | any public school district education foundation, and any |
264 | regional consortium service organization education foundation |
265 | that meets the requirements of this section and is recognized by |
266 | the local school district as a its designated K-12 education |
267 | foundation. For purposes of this section, "regional consortium |
268 | service organization" means an organization formed under s. |
269 | 1001.451. |
270 | (a) The State Board of Education shall adopt rules for the |
271 | administration, submission, documentation, evaluation, and |
272 | approval of requests for matching funds and for maintaining |
273 | accountability for matching funds. |
274 | (b) Donations, state matching funds, or proceeds from |
275 | endowments established pursuant to this section shall be used at |
276 | the discretion of the public school district education |
277 | foundation, the regional consortium service organization |
278 | education foundation, or the Florida School for the Deaf and the |
279 | Blind for academic achievement within the school district, |
280 | school districts, or school, and shall not be expended for the |
281 | construction of facilities or for the support of interscholastic |
282 | athletics. A No public school district education foundation, a |
283 | regional consortium service organization education foundation, |
284 | or the Florida School for the Deaf and the Blind shall not |
285 | accept or purchase facilities for which the state will be asked |
286 | for operating funds unless the Legislature has granted prior |
287 | approval for such acquisition. |
288 | (2) ALLOCATION OF THE TRUST FUND.--Funds appropriated to |
289 | the Florida Academic Improvement Trust Fund shall be allocated |
290 | by the Department of Education in the following manner: |
291 | (a) For every year in which there is a legislative |
292 | appropriation to the trust fund, an equal amount of the annual |
293 | appropriation, to be determined by dividing the total |
294 | legislative appropriation by the number of local education |
295 | foundations and regional consortium service organization |
296 | education foundations, as well as the Florida School for the |
297 | Deaf and the Blind, must be reserved for each public school |
298 | district education foundation, each regional consortium service |
299 | organization education foundation, and the Florida School for |
300 | the Deaf and the Blind Endowment Fund to provide each foundation |
301 | and the Florida School for the Deaf and the Blind with an |
302 | opportunity to receive and match appropriated funds. Trust funds |
303 | that remain unmatched by contribution on April 1 of any year |
304 | shall be made available for matching by any public school |
305 | district education foundation, by any regional consortium |
306 | service organization education foundation, and by the Florida |
307 | School for the Deaf and the Blind which shall have an |
308 | opportunity to apply for excess trust funds prior to the award |
309 | of such funds. |
310 | (b) Matching grants shall be proportionately allocated |
311 | from the trust fund on the basis of matching each $4 of state |
312 | funds with $6 of private funds. To be eligible for matching, a |
313 | minimum of $4,500 must be raised from private sources. |
314 | (c) Funds sufficient to provide the match shall be |
315 | transferred from the state trust fund to the public school |
316 | education foundation, to the regional consortium service |
317 | organization education foundation, or to the Florida School for |
318 | the Deaf and the Blind Endowment Fund upon notification that a |
319 | proportionate amount has been received and deposited by the |
320 | foundation or school into its own trust fund. |
321 | (d) If the total of the amounts to be distributed in any |
322 | quarter pursuant to this subsection exceeds the amount of funds |
323 | remaining from specific appropriations made for the |
324 | implementation of this section, all grants shall be |
325 | proportionately reduced so that the total of matching grants |
326 | distributed does not exceed available appropriations. |
327 | (3) GRANT ADMINISTRATION.-- |
328 | (a) Each public school district education foundation, each |
329 | regional consortium service organization education foundation, |
330 | and the Florida School for the Deaf and the Blind participating |
331 | in the Florida Academic Improvement Trust Fund shall separately |
332 | account for all funds received pursuant to this section, and may |
333 | establish its own academic improvement trust fund as a |
334 | depository for the private contributions, state matching funds, |
335 | and earnings on investments of such funds. State matching funds |
336 | shall be transferred to the public school district education |
337 | foundation, to the regional consortium service organization |
338 | education foundation, or to the Florida School for the Deaf and |
339 | the Blind Endowment Fund upon notification that the foundation |
340 | or school has received and deposited private contributions that |
341 | meet the criteria for matching as provided in this section. The |
342 | public school district education foundations, the regional |
343 | consortium service organization education foundations, and the |
344 | Florida School for the Deaf and the Blind are responsible for |
345 | the maintenance, investment, and administration of their |
346 | academic improvement trust funds. |
347 | (b) The public school district education foundations, the |
348 | regional consortium service organization education foundations, |
349 | and the Florida School for the Deaf and the Blind shall be |
350 | responsible for soliciting and receiving contributions to be |
351 | deposited and matched with grants for academic achievement |
352 | within the school district, school districts, or school. |
353 | (c) Each public school district education foundation, each |
354 | regional consortium service organization education foundation, |
355 | and the Florida School for the Deaf and the Blind shall be |
356 | responsible for proper expenditure of the funds received |
357 | pursuant to this section. |
358 | Section 13. Subsection (1) of section 1011.94, Florida |
359 | Statutes, is amended to read: |
360 | 1011.94 Trust Fund for University Major Gifts.-- |
361 | (1) There is established a Trust Fund for University Major |
362 | Gifts. The purpose of the trust fund is to enable each |
363 | university and New College to provide donors with an incentive |
364 | in the form of matching grants for donations for the |
365 | establishment of permanent endowments and sales tax exemption |
366 | matching funds received pursuant to s. 212.08(5)(j), which must |
367 | be invested, with the proceeds of the investment used to support |
368 | libraries and instruction and research programs, as defined by |
369 | the State Board of Education. All funds appropriated for the |
370 | challenge grants, new donors, major gifts, sales tax exemption |
371 | matching funds pursuant to s. 212.08(5)(j), or eminent scholars |
372 | program may must be deposited into the trust fund and invested |
373 | pursuant to s. 17.61 until the State Board of Education |
374 | allocates the funds to universities to match private donations. |
375 | Notwithstanding s. 216.301 and pursuant to s. 216.351, any |
376 | undisbursed balance remaining in the trust fund and interest |
377 | income accruing to the portion of the trust fund which is not |
378 | matched and distributed to universities must remain in the trust |
379 | fund and be used to increase the total funds available for |
380 | challenge grants. Funds deposited in the trust fund for the |
381 | sales tax exemption matching program authorized in s. |
382 | 212.08(5)(j), and interest earnings thereon, shall be maintained |
383 | in a separate account within the Trust Fund for University Major |
384 | Gifts, and may be used only to match qualified sales tax |
385 | exemptions that a certified business designates for use by state |
386 | universities and community colleges to support research and |
387 | development projects requested by the certified business. The |
388 | State Board of Education may authorize any university to |
389 | encumber the state matching portion of a challenge grant from |
390 | funds available under s. 1011.45. |
391 | Section 14. Subsections (1) and (3) of section 1013.79, |
392 | Florida Statutes, are amended to read: |
393 | 1013.79 University Facility Enhancement Challenge Grant |
394 | Program.-- |
395 | (1) The Legislature recognizes that the universities do |
396 | not have sufficient physical facilities to meet the current |
397 | demands of their instructional and research programs. It further |
398 | recognizes that, to strengthen and enhance universities, it is |
399 | necessary to provide facilities in addition to those currently |
400 | available from existing revenue sources. It further recognizes |
401 | that there are sources of private support that, if matched with |
402 | state support, can assist in constructing much-needed facilities |
403 | and strengthen the commitment of citizens and organizations in |
404 | promoting excellence throughout the state universities. |
405 | Therefore, it is the intent of the Legislature to establish a |
406 | trust fund to provide the opportunity for each university to |
407 | receive support for and match challenge grants for instructional |
408 | and research-related capital facilities within the university. |
409 | (3) There is established the Alec P. Courtelis Capital |
410 | Facilities Matching Trust Fund for the purpose of providing |
411 | matching funds from private contributions for the development of |
412 | high priority instructional and research-related capital |
413 | facilities, including common areas connecting such facilities, |
414 | within a university. The Legislature may shall appropriate funds |
415 | to be transferred to the trust fund. The Public Education |
416 | Capital Outlay and Debt Service Trust Fund, Capital Improvement |
417 | Trust Fund, Division of Sponsored Research Trust Fund, and |
418 | Contracts and Grants Trust Fund shall not be used as the source |
419 | of the state match for private contributions. All appropriated |
420 | funds deposited into the trust fund shall be invested pursuant |
421 | to the provisions of s. 17.61. Interest income accruing to that |
422 | portion of the trust fund shall increase the total funds |
423 | available for the challenge grant program. Interest income |
424 | accruing from the private donations shall be returned to the |
425 | participating foundation upon completion of the project. The |
426 | State Board of Education shall administer the trust fund and all |
427 | related construction activities. |
428 | Section 15. This act shall take effect July 1, 2005. |
429 |
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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 |
433 | An act relating to education funding; amending s. 287.055, |
434 | F.S.; including regional consortium service organizations |
435 | under provisions relating to procurement and competitive |
436 | selection of certain professional services; amending s. |
437 | 1001.451, F.S.; revising provisions for award of incentive |
438 | grants to regional consortium service organizations; |
439 | amending 1001.453, F.S.; revising definition of direct- |
440 | support organization to include a regional consortium |
441 | service organization direct-support organization; |
442 | authorizing use of property and requiring rules; providing |
443 | for approval of a board of directors and requiring audits; |
444 | amending ss. 1009.50, 1009.51, 1009.52, and 1009.89, F.S.; |
445 | authorizing funds appropriated for Florida public student |
446 | assistance grants, Florida private student assistance |
447 | grants, Florida postsecondary student assistance grants, |
448 | and William L. Boyd, IV, Florida resident access grants to |
449 | be deposited in the State Student Financial Assistance |
450 | Trust Fund; amending ss. 1010.09 and 1010.34, F.S.; |
451 | conforming provisions relating to direct-support |
452 | organizations and audits thereof; amending s. 1010.72, |
453 | F.S.; authorizing funds to be credited to the Dale Hickam |
454 | Excellent Teaching Program Trust Fund; amending s. |
455 | 1011.62, F.S., relating to funds for operation of schools; |
456 | providing for a transition sparsity supplement under |
457 | certain circumstances; revising provisions relating to the |
458 | manner in which each school district's allocation of |
459 | sparsity supplement funds shall be adjusted; amending s. |
460 | 1011.765, F.S.; providing that the Florida Academic |
461 | Improvement Trust Fund shall be utilized to provide |
462 | matching grants to regional consortium service |
463 | organization education foundations; amending s. 1011.94, |
464 | F.S.; authorizing funds to be deposited in the Trust Fund |
465 | for University Major Gifts; amending s. 1013.79, F.S.; |
466 | authorizing the appropriation of funds to be transferred |
467 | to the Alec P. Courtelis Capital Facilities Matching Trust |
468 | Fund; providing an effective date. |