Senate Bill sb2480c1

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    Florida Senate - 2006                           CS for SB 2480

    By the Committee on Education; and Senators Dockery and Baker





    581-2034-06

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 1013.65, F.S.; revising the sum appropriated

  4         for the Classrooms for Kids Program; amending

  5         s. 1013.738, F.S.; revising the eligibility

  6         criteria for the High Growth District Capital

  7         Outlay Assistance Grant Program; revising

  8         provisions for allocation of funds provided by

  9         the General Appropriations Act to the Public

10         Education Capital Outlay and Debt Service Trust

11         Fund; providing an effective date.

12  

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

14  

15         Section 1.  Paragraph (a) of subsection (2) of section

16  1013.65, Florida Statutes, is amended to read:

17         1013.65  Educational and ancillary plant construction

18  funds; Public Education Capital Outlay and Debt Service Trust

19  Fund; allocation of funds.--

20         (2)(a)  The Public Education Capital Outlay and Debt

21  Service Trust Fund shall be comprised of the following

22  sources, which are hereby appropriated to the trust fund:

23         1.  Proceeds, premiums, and accrued interest from the

24  sale of public education bonds and that portion of the

25  revenues accruing from the gross receipts tax as provided by

26  s. 9(a)(2), Art. XII of the State Constitution, as amended,

27  interest on investments, and federal interest subsidies.

28         2.  General revenue funds appropriated to the fund for

29  educational capital outlay purposes.

30         3.  All capital outlay funds previously appropriated

31  and certified forward pursuant to s. 216.301.

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    Florida Senate - 2006                           CS for SB 2480
    581-2034-06




 1         4.a.  Funds paid pursuant to s. 201.15(1)(d).

 2         b.  The sum of $75 $41.75 million of such funds shall

 3  be appropriated annually for expenditure to fund the

 4  Classrooms for Kids Program created in s. 1013.735 and shall

 5  be distributed as provided by that section.

 6         Section 2.  Subsections (2) and (3) of section

 7  1013.738, Florida Statutes, are amended to read:

 8         1013.738  High Growth District Capital Outlay

 9  Assistance Grant Program.--

10         (2)  In order to qualify for a grant, a school district

11  must meet the following criteria:

12         (a)  The district must have levied the full 2 mills of

13  nonvoted discretionary capital outlay millage authorized in s.

14  1011.71(2) for each of the past 3 4 fiscal years or currently

15  receive an amount from the school capital outlay surtax

16  authorized in s. 212.055(6) that, when added to the nonvoted

17  discretionary capital outlay millage collected, equals the

18  amount that would be generated if the full 2 mills of nonvoted

19  discretionary capital outlay millage had been collected over

20  the past 3 fiscal years.

21         (b)  The district must receive in the current fiscal

22  year revenue from the collection of an impact fee specifically

23  for schools and revenue from the collection of one of the

24  following:

25         1.  A local government infrastructure sales surtax

26  authorized in s. 212.055(2) in which a portion is dedicated

27  for the construction of schools in the current fiscal year.

28         2.  A school capital outlay surtax authorized in s.

29  212.055(6). If the school capital outlay surtax is used to

30  meet the conditions of paragraph (2)(a), the amount of the

31  

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    Florida Senate - 2006                           CS for SB 2480
    581-2034-06




 1  school capital outlay surtax collected must be in excess of

 2  the amount in paragraph (2)(a).

 3         3.  A local bond referendum as authorized in ss.

 4  1010.40-1010.55.

 5         (b)  Fifty percent of the revenue derived from the

 6  2-mill nonvoted discretionary capital outlay millage for the

 7  past 4 fiscal years, when divided by the district's growth in

 8  capital outlay FTE students over this period, produces a value

 9  that is less than the average cost per student station

10  calculated pursuant to s. 1013.72(2), and weighted by

11  statewide growth in capital outlay FTE students in elementary,

12  middle, and high schools for the past 4 fiscal years.

13         (c)  The district must have equaled or exceeded three

14  times twice the statewide average of growth in capital outlay

15  FTE students over this same 3-year 4-year period.

16         (d)  The district must not have received an

17  appropriation from the special facilities construction program

18  in the current fiscal year or any of the 2 fiscal years prior

19  to the current fiscal year. The Commissioner of Education must

20  have released all funds allocated to the district from the

21  Classrooms First Program authorized in s. 1013.68, and these

22  funds were fully expended by the district as of February 1 of

23  the current fiscal year.

24         (e)  The total capital outlay FTE students of the

25  district is greater than 15,000 students.

26         (3)  The funds provided in the General Appropriations

27  Act shall be allocated pursuant to the following methodology.

28  Each eligible district school board shall receive an amount

29  from the Public Education Capital Outlay and Debt Service

30  Trust Fund to be calculated by computing the capital outlay

31  full-time equivalent membership as determined by the

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    Florida Senate - 2006                           CS for SB 2480
    581-2034-06




 1  Department of Education. Such membership must include, but is

 2  not limited to, kindergarten through 12th grade students,

 3  except hospital and homebound part-time students, students who

 4  are career education students, and adult disabled students who

 5  are enrolled in school district career centers. The capital

 6  outlay full-time equivalent membership shall be determined for

 7  kindergarten through the 12th grade and for career centers by

 8  averaging the unweighted full-time equivalent student

 9  membership for the second and third surveys and comparing the

10  results on a school-by-school basis with the Florida Inventory

11  for School Houses. The capital outlay full-time equivalent

12  membership by grade level organization shall be used in making

13  the following calculation: the capital outlay full-time

14  equivalent membership by grade-level organization for the

15  prior year must be used to compute the growth over the highest

16  of the 3 years preceding the prior year. The total amount

17  appropriated by the Legislature pursuant to this subsection

18  shall be allocated among the growth capital outlay full-time

19  equivalent membership. The allocation shall be prorated to the

20  districts based upon each district's percentage of growth

21  capital outlay full-time membership. The most recent 4-year

22  capital outlay full-time equivalent membership data shall be

23  used in each subsequent year's calculation for the allocation

24  of funds pursuant to this subsection. If a change, correction,

25  or recomputation of data during any year results in a

26  reduction or increase of the calculated amount previously

27  allocated to a district, the allocation to that district shall

28  be adjusted correspondingly. If such recomputation results in

29  an increase or decrease of the calculated amount, such

30  additional or reduced amounts shall be added to or reduced

31  from the district's future appropriations. However, no change,

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    Florida Senate - 2006                           CS for SB 2480
    581-2034-06




 1  correction, or recomputation of data shall be made subsequent

 2  to 2 years following the initial annual allocation.:

 3         (a)  For each eligible district, the Department of

 4  Education shall calculate the value of 50 percent of the

 5  revenue derived from the 2-mill nonvoted discretionary capital

 6  outlay millage for the past 4 fiscal years divided by the

 7  increase in capital outlay FTE students for the same period.

 8         (b)  The Department of Education shall determine, for

 9  each eligible district, the amount that must be added to the

10  value calculated pursuant to paragraph (a) to produce the

11  weighted average value per student station calculated pursuant

12  to paragraph (2)(b).

13         (c)  The value calculated for each eligible district

14  pursuant to paragraph (b) shall be multiplied by the average

15  increase in capital outlay FTE students for the past 4 fiscal

16  years to determine the maximum amount of a grant that may be

17  awarded to a district pursuant to this section.

18         (d)  In the event the funds provided in the General

19  Appropriations Act are insufficient to fully fund the maximum

20  grants calculated pursuant to paragraph (c), the Department of

21  Education shall allocate the funds based on each district's

22  prorated share of the total maximum award amount calculated

23  for all eligible districts.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2006                           CS for SB 2480
    581-2034-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2480

 3                                 

 4  This committee substitute provides:

 5  Revises school district qualifying criteria for the High
    Growth District Capital Outlay Assistance Grant Program to
 6  require collection of revenue from an impact fee for schools;

 7  Extends the time frame regarding the special facilities
    construction program as a basis for ineligibility from the
 8  current or previous fiscal year to the previous two fiscal
    years prior to the current fiscal year;
 9  
    Narrows the eligibility requirements to school districts that
10  have equaled or exceeded three times the statewide average of
    growth in capital outlay FTE students over the same three year
11  period; and

12  Amends allocation methodology as follows:

13       -    Requires PECO amounts to be calculated by computing
              the capital outlay FTE membership as determined by
14            the Department of Education;

15       -    Specifies student membership;

16       -    Revises formula relating to K-12 and career center
              calculations; and
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         -    Requires calculation adjustments in certain
18            instances but prohibits changes after two years have
              passed following the initial annual allocation.
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