| 1 | The Education Appropriations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to funding for educational facilities; |
| 7 | amending s. 1013.65, F.S.; revising provisions relating to |
| 8 | appropriations to the Public Education Capital Outlay and |
| 9 | Debt Service Trust Fund; deleting the sum appropriated for |
| 10 | the Classrooms for Kids Program; amending s. 1013.738, |
| 11 | F.S.; revising the eligibility criteria for the High |
| 12 | Growth District Capital Outlay Assistance Grant Program; |
| 13 | revising provisions for allocation of funds; providing |
| 14 | calculations; establishing the Build Schools Better and |
| 15 | Faster Task Force; providing membership and assignment to |
| 16 | the Department of Education for administrative purposes; |
| 17 | requiring recommendations to the Governor and Legislature |
| 18 | relating to educational facility construction and |
| 19 | maintenance; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Paragraph (a) of subsection (2) of section |
| 24 | 1013.65, Florida Statutes, is amended to read: |
| 25 | 1013.65 Educational and ancillary plant construction |
| 26 | funds; Public Education Capital Outlay and Debt Service Trust |
| 27 | Fund; allocation of funds.-- |
| 28 | (2)(a) The Public Education Capital Outlay and Debt |
| 29 | Service Trust Fund shall be comprised of the following sources, |
| 30 | which are hereby appropriated to the trust fund: |
| 31 | 1. Proceeds, premiums, and accrued interest from the sale |
| 32 | of public education bonds and that portion of the revenues |
| 33 | accruing from the gross receipts tax as provided by s. 9(a)(2), |
| 34 | Art. XII of the State Constitution, as amended, interest on |
| 35 | investments, and federal interest subsidies. |
| 36 | 2. General revenue funds appropriated to the fund for |
| 37 | educational capital outlay purposes. |
| 38 | 3. All capital outlay funds previously appropriated and |
| 39 | certified forward pursuant to s. 216.301. |
| 40 | 4.a. Funds paid pursuant to s. 201.15(1)(d). |
| 41 | b. The sum of $41.75 million of such funds shall be |
| 42 | appropriated annually for expenditure to fund the Classrooms for |
| 43 | Kids Program created in s. 1013.735 and shall be distributed as |
| 44 | provided by that section. |
| 45 | Section 2. Subsections (2) and (3) of section 1013.738, |
| 46 | Florida Statutes, are amended to read: |
| 47 | 1013.738 High Growth District Capital Outlay Assistance |
| 48 | Grant Program.-- |
| 49 | (2) In order to qualify for a grant, a school district |
| 50 | must meet the following criteria: |
| 51 | (a) The district must have levied the full 2 mills of |
| 52 | nonvoted discretionary capital outlay millage authorized in s. |
| 53 | 1011.71(2) for each of the past 3 4 fiscal years or currently |
| 54 | receive an amount from the school capital outlay surtax |
| 55 | authorized in s. 212.055(6) that, when added to the nonvoted |
| 56 | discretionary capital outlay millage collected, equals the |
| 57 | amount that would be generated if the full 2 mills of nonvoted |
| 58 | discretionary capital outlay millage had been collected over the |
| 59 | past 3 fiscal years. |
| 60 | (b) The district must receive, in the current fiscal year, |
| 61 | revenue from the collection of an impact fee specifically for |
| 62 | schools and revenue from the collection of one of the following: |
| 63 | 1. A local government infrastructure sales surtax |
| 64 | authorized in s. 212.055(2) in which a portion is dedicated for |
| 65 | the construction of schools in the current fiscal year. |
| 66 | 2. A school capital outlay surtax authorized in s. |
| 67 | 212.055(6). If the school capital outlay surtax is used to meet |
| 68 | the conditions of paragraph (a), the amount of the school |
| 69 | capital outlay surtax collected must be in excess of the amount |
| 70 | in paragraph (a). |
| 71 | 3. A local bond referendum as authorized in ss. 1010.40- |
| 72 | 1010.55. |
| 73 | (b) Fifty percent of the revenue derived from the 2-mill |
| 74 | nonvoted discretionary capital outlay millage for the past 4 |
| 75 | fiscal years, when divided by the district's growth in capital |
| 76 | outlay FTE students over this period, produces a value that is |
| 77 | less than the average cost per student station calculated |
| 78 | pursuant to s. 1013.72(2), and weighted by statewide growth in |
| 79 | capital outlay FTE students in elementary, middle, and high |
| 80 | schools for the past 4 fiscal years. |
| 81 | (c) The district must have equaled or exceeded three times |
| 82 | twice the statewide average of growth in capital outlay FTE |
| 83 | students over this same 3-year 4-year period. |
| 84 | (d) The district must not have received an appropriation |
| 85 | from the special facilities construction program in the current |
| 86 | fiscal year. The Commissioner of Education must have released |
| 87 | all funds allocated to the district from the Classrooms First |
| 88 | Program authorized in s. 1013.68, and these funds were fully |
| 89 | expended by the district as of February 1 of the current fiscal |
| 90 | year. |
| 91 | (e) The total capital outlay FTE students of the district |
| 92 | is greater than 15,000 students. |
| 93 | (3) The funds provided in the General Appropriations Act |
| 94 | shall be allocated pursuant to the following methodology: |
| 95 | (a) Each eligible district school board shall receive an |
| 96 | amount from the Public Education Capital Outlay and Debt Service |
| 97 | Trust Fund to be calculated by computing the capital outlay |
| 98 | full-time equivalent membership as determined by the department. |
| 99 | Such membership must include, but is not limited to: |
| 100 | 1. K-12 students, except hospital and homebound part-time |
| 101 | students; and |
| 102 | 2. Students who are career education students and adult |
| 103 | disabled students and who are enrolled in school district career |
| 104 | centers. |
| 105 | (b) The capital outlay full-time equivalent membership |
| 106 | shall be determined for kindergarten through grade 12 and for |
| 107 | career centers by averaging the unweighted full-time equivalent |
| 108 | membership for the second and third surveys and comparing the |
| 109 | results on a school-by-school basis with the Florida Inventory |
| 110 | for School Houses. The capital outlay full-time equivalent |
| 111 | membership by grade-level organization shall be used in making |
| 112 | the following calculation: the capital outlay full-time |
| 113 | equivalent membership by grade-level organization for the prior |
| 114 | year must be used to compute the growth over the highest of the |
| 115 | 3 years preceding the prior year. |
| 116 | (c) The total amount appropriated by the Legislature |
| 117 | pursuant to this subsection shall be allocated among the growth |
| 118 | capital outlay full-time equivalent membership. The allocation |
| 119 | shall be prorated to the districts based upon each district's |
| 120 | percentage of growth capital outlay full-time equivalent |
| 121 | membership. The most recent 4-year capital outlay full-time |
| 122 | equivalent membership data shall be used in each subsequent |
| 123 | year's calculation for the allocation of funds pursuant to this |
| 124 | subsection. If a change, correction, or recomputation of data |
| 125 | during any year results in a reduction or increase of the |
| 126 | calculated amount previously allocated to a district, the |
| 127 | allocation to that district shall be adjusted correspondingly. |
| 128 | If such recomputation results in an increase or decrease of the |
| 129 | calculated amount, such additional or reduced amounts shall be |
| 130 | added to or reduced from the district's future appropriations. |
| 131 | However, no change, correction, or recomputation of data shall |
| 132 | be made subsequent to 2 years following the initial annual |
| 133 | allocation. |
| 134 | (a) For each eligible district, the Department of |
| 135 | Education shall calculate the value of 50 percent of the revenue |
| 136 | derived from the 2-mill nonvoted discretionary capital outlay |
| 137 | millage for the past 4 fiscal years divided by the increase in |
| 138 | capital outlay FTE students for the same period. |
| 139 | (b) The Department of Education shall determine, for each |
| 140 | eligible district, the amount that must be added to the value |
| 141 | calculated pursuant to paragraph (a) to produce the weighted |
| 142 | average value per student station calculated pursuant to |
| 143 | paragraph (2)(b). |
| 144 | (c) The value calculated for each eligible district |
| 145 | pursuant to paragraph (b) shall be multiplied by the average |
| 146 | increase in capital outlay FTE students for the past 4 fiscal |
| 147 | years to determine the maximum amount of a grant that may be |
| 148 | awarded to a district pursuant to this section. |
| 149 | (d) In the event the funds provided in the General |
| 150 | Appropriations Act are insufficient to fully fund the maximum |
| 151 | grants calculated pursuant to paragraph (c), the Department of |
| 152 | Education shall allocate the funds based on each district's |
| 153 | prorated share of the total maximum award amount calculated for |
| 154 | all eligible districts. |
| 155 | Section 3. Build Schools Better and Faster Task Force.-- |
| 156 | (1) The Build Schools Better and Faster Task Force is |
| 157 | established. The task force shall consist of the following: the |
| 158 | Secretary of Management Services or the secretary's designee, |
| 159 | who shall serve as chair; the chair of the State Board of |
| 160 | Education or the chair's designee, who shall serve as vice |
| 161 | chair; and five members who are not members of the Legislature |
| 162 | or school district officers or employees and who have a broad |
| 163 | variety of business experience in the private construction |
| 164 | industry sector. The private construction industry members shall |
| 165 | be appointed as follows: one member appointed by the Governor, |
| 166 | two members appointed by the President of the Senate, and two |
| 167 | members appointed by Speaker of the House of Representatives. |
| 168 | (2) The members of the task force shall be appointed no |
| 169 | later than July 1, 2006, and shall convene for their first |
| 170 | meeting no later than August 1, 2006. |
| 171 | (3) The task force is assigned to the Department of |
| 172 | Education for administrative purposes. Members of the task force |
| 173 | are entitled to per diem and travel expenses pursuant to s. |
| 174 | 112.061, Florida Statutes, and shall be subject to the Code of |
| 175 | Ethics for Public Officers and Employees under part III of |
| 176 | chapter 112, Florida Statutes. |
| 177 | (4) The task force shall make recommendations to the |
| 178 | Governor and the Legislature no later than February 1, 2007. The |
| 179 | recommendations must include, but are not limited to, |
| 180 | recommendations regarding: |
| 181 | (a) The feasibility and advisability of, and possible |
| 182 | methodologies for, achieving greater facilities construction |
| 183 | cost efficiencies and reducing construction times by |
| 184 | establishing a statewide program for better, faster school |
| 185 | construction and maintenance. |
| 186 | (b) Optimal design and performance standards for safe and |
| 187 | functional school facilities that are space efficient and |
| 188 | technologically advanced. |
| 189 | (c) Optimal construction standards that ensure appropriate |
| 190 | industry standards and optimal life cycles, including, but not |
| 191 | limited to, standards for optimal size of core facility space, |
| 192 | design-build performance contracting, energy efficiency, and |
| 193 | life-cycle systems costing. |
| 194 | (d) Maintenance, repair, renovation, remodeling, and site |
| 195 | acquisition standards, guidelines, and protocols. |
| 196 | (e) Optimal use of permanent versus relocatable facilities |
| 197 | and protocols for decisionmaking regarding each. |
| 198 | (f) Protocols for regular assessments of facility capacity |
| 199 | to ensure maximization of space utilization. |
| 200 | (g) Energy performance contracting with guaranteed annual |
| 201 | energy savings. |
| 202 | (5) Upon delivery of its final report and recommendations, |
| 203 | the task force shall cease to exist. |
| 204 | Section 4. This act shall take effect upon becoming a law. |