HB 5005

1	A bill to be entitled
2	An act relating to education funding; amending s. 201.15,
3	F.S.; revising the use of excise taxes on documents
4	distributed to the Public Education Capital Outlay and
5	Debt Service Trust Fund; amending s. 551.106, F.S.;
6	allowing slot machine tax revenue to be made available for
7	bond payments if necessary to comply with bond covenants;
8	amending s. 1001.451, F.S.; authorizing regional
9	consortium service organizations to determine the use of
10	funds; specifying the time period for distribution of
11	funds; amending s. 1003.03, F.S.; revising the schedule of
12	the implementation of class size compliance at the
13	district and school levels; amending s. 1009.535, F.S.;
14	increasing the award for Florida Medallion Scholars
15	enrolled in community college associate degree programs;
16	amending s. 1011.62, F.S.; revising provisions relating to
17	the funding computation of special programs; authorizing
18	additional full-time equivalent membership for the Florida
19	Virtual School; revising provisions relating to the prior
20	year final taxable value; amending s. 1013.64, F.S.;
21	revising construction cost maximums for school district
22	capital outlay projects; conforming provisions; creating
23	s. 1013.734, F.S.; establishing the Class Size Reduction
24	Construction Completion Program; providing for the
25	allocation of funds; providing requirements for district
26	participation in the program; providing for use of the
27	funds; amending s. 1013.738, F.S.; conforming provisions;
28	creating s. 1013.739, F.S.; establishing the Classroom
29	Capacity Assistance Grant Program; providing for the
30	allocation of funds; providing requirements for district
31	participation in the program; providing for use of the
32	funds; providing effective dates.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Paragraph (d) of subsection (1) of section
37	201.15, Florida Statutes, is amended to read:
38	201.15  Distribution of taxes collected.--All taxes
39	collected under this chapter shall be distributed as follows and
40	shall be subject to the service charge imposed in s. 215.20(1),
41	except that such service charge shall not be levied against any
42	portion of taxes pledged to debt service on bonds to the extent
43	that the amount of the service charge is required to pay any
44	amounts relating to the bonds:
45	(1)  Sixty-two and sixty-three hundredths percent of the
46	remaining taxes collected under this chapter shall be used for
47	the following purposes:
48	(d)  The remainder of the moneys distributed under this
49	subsection, after the required payments under paragraphs (a),
50	(b), and (c), shall be paid into the State Treasury to the
51	credit of:
52	1.  The State Transportation Trust Fund in the Department
53	of Transportation in the amount of $541.75 million in each
54	fiscal year, to be paid in quarterly installments and used for
55	the following specified purposes, notwithstanding any other law
56	to the contrary:
57	a.  For the purposes of capital funding for the New Starts
58	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
59	specified in s. 341.051, 10 percent of these funds;
60	b.  For the purposes of the Small County Outreach Program
61	specified in s. 339.2818, 5 percent of these funds;
62	c.  For the purposes of the Strategic Intermodal System
63	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
64	of these funds after allocating for the New Starts Transit
65	Program described in sub-subparagraph a. and the Small County
66	Outreach Program described in sub-subparagraph b.; and
67	d.  For the purposes of the Transportation Regional
68	Incentive Program specified in s. 339.2819, 25 percent of these
69	funds after allocating for the New Starts Transit Program
70	described in sub-subparagraph a. and the Small County Outreach
71	Program described in sub-subparagraph b.
72	2.  The Water Protection and Sustainability Program Trust
73	Fund in the Department of Environmental Protection in the amount
74	of $100 million in each fiscal year, to be paid in quarterly
75	installments and used as required by s. 403.890.
76	3.  The Public Education Capital Outlay and Debt Service
77	Trust Fund in the Department of Education in the amount of $105
78	million in each fiscal year, to be paid in monthly installments
79	for the purpose of funding the Classroom Capacity Assistance
80	Grant Program established pursuant to s. 1013.739 with $75
81	million used to fund the Classrooms for Kids Program created in
82	s. 1013.735, and $30 million to be used to fund the High Growth
83	County District Capital Outlay Assistance Grant Program created
84	in s. 1013.738. If required, new facilities constructed under
85	the Classrooms for Kids Program must meet the requirements of s.
86	1013.372.
87	4.  The Grants and Donations Trust Fund in the Department
88	of Community Affairs in the amount of $3.25 million in each
89	fiscal year to be paid in monthly installments, with $3 million
90	to be used to fund technical assistance to local governments and
91	school boards on the requirements and implementation of this act
92	and $250,000 to be used to fund the Century Commission
93	established in s. 163.3247.
94
95	Moneys distributed pursuant to this paragraph may not be pledged
96	for debt service unless such pledge is approved by referendum of
97	the voters.
98	Section 2.  Effective July 1, 2007, paragraph (d) of
99	subsection (1) of section 201.15, Florida Statutes, as amended
100	by chapter 2005-92, Laws of Florida, is amended to read:
101	201.15  Distribution of taxes collected.--All taxes
102	collected under this chapter shall be distributed as follows and
103	shall be subject to the service charge imposed in s. 215.20(1),
104	except that such service charge shall not be levied against any
105	portion of taxes pledged to debt service on bonds to the extent
106	that the amount of the service charge is required to pay any
107	amounts relating to the bonds:
108	(1)  Sixty-two and sixty-three hundredths percent of the
109	remaining taxes collected under this chapter shall be used for
110	the following purposes:
111	(d)  The remainder of the moneys distributed under this
112	subsection, after the required payments under paragraphs (a),
113	(b), and (c), shall be paid into the State Treasury to the
114	credit of:
115	1.  The State Transportation Trust Fund in the Department
116	of Transportation in the amount of $541.75 million in each
117	fiscal year, to be paid in quarterly installments and used for
118	the following specified purposes, notwithstanding any other law
119	to the contrary:
120	a.  For the purposes of capital funding for the New Starts
121	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
122	specified in s. 341.051, 10 percent of these funds;
123	b.  For the purposes of the Small County Outreach Program
124	specified in s. 339.2818, 5 percent of these funds;
125	c.  For the purposes of the Strategic Intermodal System
126	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
127	of these funds after allocating for the New Starts Transit
128	Program described in sub-subparagraph a. and the Small County
129	Outreach Program described in sub-subparagraph b.; and
130	d.  For the purposes of the Transportation Regional
131	Incentive Program specified in s. 339.2819, 25 percent of these
132	funds after allocating for the New Starts Transit Program
133	described in sub-subparagraph a. and the Small County Outreach
134	Program described in sub-subparagraph b.
135	2.  The Water Protection and Sustainability Program Trust
136	Fund in the Department of Environmental Protection in the amount
137	of $100 million in each fiscal year, to be paid in quarterly
138	installments and used as required by s. 403.890.
139	3.  The Public Education Capital Outlay and Debt Service
140	Trust Fund in the Department of Education in the amount of $105
141	million in each fiscal year, to be paid in monthly installments
142	for the purpose of funding the Classroom Capacity Assistance
143	Grant Program established pursuant to s. 1013.739 with $75
144	million used to fund the Classrooms for Kids Program created in
145	s. 1013.735, and $30 million to be used to fund the High Growth
146	County District Capital Outlay Assistance Grant Program created
147	in s. 1013.738. If required, new facilities constructed under
148	the Classrooms for Kids Program must meet the requirements of s.
149	1013.372.
150	4.  The Grants and Donations Trust Fund in the Department
151	of Community Affairs in the amount of $3.25 million in each
152	fiscal year to be paid in monthly installments, with $3 million
153	to be used to fund technical assistance to local governments and
154	school boards on the requirements and implementation of this act
155	and $250,000 to be used to fund the Century Commission
156	established in s. 163.3247.
157
158	Moneys distributed pursuant to this paragraph may not be pledged
159	for debt service unless such pledge is approved by referendum of
160	the voters.
161	Section 3.  Paragraph (c) of subsection (2) of section
162	551.106, Florida Statutes, is amended to read:
163	551.106  License fee; tax rate; penalties.--
164	(2)  TAX ON SLOT MACHINE REVENUES.--
165	(c)1.  Funds transferred to the Educational Enhancement
166	Trust Fund under paragraph (b) shall be used to supplement
167	public education funding statewide and shall not be used for
168	recurring appropriations.
169	2.  If necessary to comply with any covenant established
170	pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
171	funds transferred to the Educational Enhancement Trust Fund
172	under paragraph (b) shall first be available to pay debt service
173	on lottery bonds issued to fund school construction in the event
174	lottery revenues are insufficient for such purpose or to satisfy
175	debt service reserve requirements established in connection with
176	lottery bonds. Moneys available pursuant to this subparagraph
177	are subject to annual appropriation by the Legislature.
178	Section 4.  Paragraph (a) of subsection (2) of section
179	1001.451, Florida Statutes, is amended to read:
180	1001.451  Regional consortium service organizations.--In
181	order to provide a full range of programs to larger numbers of
182	students, minimize duplication of services, and encourage the
183	development of new programs and services:
184	(2)(a)  Each regional consortium service organization that
185	consists of four or more school districts is eligible to
186	receive, through the Department of Education, an incentive grant
187	of $50,000 per school district and eligible member to be used
188	for the delivery of services within the participating school
189	districts. The determination of services and use of such funds
190	shall be established by the board of directors of the regional
191	consortium service organization. The funds shall be distributed
192	to each regional consortium service organization no later than
193	30 days following the release of the funds to the department.
194	Section 5.  Paragraph (b) of subsection (2) of section
195	1003.03, Florida Statutes, is amended to read:
196	1003.03  Maximum class size.--
197	(2)  IMPLEMENTATION.--
198	(b)  Determination of the number of students per classroom
199	in paragraph (a) shall be calculated as follows:
200	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
201	the calculation for compliance for each of the 3 grade groupings
202	shall be the average at the district level.
203	2.  For fiscal year years 2006-2007 through 2007-2008, the
204	calculation for compliance for each of the 3 grade groupings
205	shall be the average at the school level.
206	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
207	the calculation for compliance shall be at the individual
208	classroom level.
209	Section 6.  Subsection (2) of section 1009.535, Florida
210	Statutes, is amended to read:
211	1009.535  Florida Medallion Scholars award.--
212	(2)  A Florida Medallion Scholar is eligible for an award
213	equal to the amount required to pay 75 percent of tuition and
214	fees, if the student is enrolled in a state university or a
215	baccalaureate degree program authorized pursuant to s. 1007.33.
216	A Florida Medallion Scholar is eligible for an award equal to
217	the amount required to pay 100 percent of tuition and fees for
218	college credit courses leading to an associate degree if the
219	student is enrolled in a community college public postsecondary
220	education institution. A student who is enrolled in a nonpublic
221	postsecondary education institution is eligible for an award
222	equal to the amount that would be required to pay 75 percent of
223	the tuition and fees of a public postsecondary education
224	institution at the comparable level.
225	Section 7.  Effective June 1, 2006, or if this act fails to
226	become a law until after that date, effective upon this act
227	becoming a law and operating retroactively to June 1, 2006,
228	paragraph (d) of subsection (1), paragraphs (a) and (b) of
229	subsection (4), and paragraph (b) of subsection (9) of section
230	1011.62, Florida Statutes, are amended, paragraphs (o), (p),
231	(q), and (r) of subsection (1) are redesignated as paragraphs
232	(p), (q), (r), and (s), respectively, and a new paragraph (o) is
233	added to that subsection, to read:
234	1011.62  Funds for operation of schools.--If the annual
235	allocation from the Florida Education Finance Program to each
236	district for operation of schools is not determined in the
237	annual appropriations act or the substantive bill implementing
238	the annual appropriations act, it shall be determined as
239	follows:
240	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
241	OPERATION.--The following procedure shall be followed in
242	determining the annual allocation to each district for
243	operation:
244	(d)  Annual allocation calculation.--
245	1.  The Department of Education is authorized and directed
246	to review all district programs and enrollment projections and
247	calculate a maximum total weighted full-time equivalent student
248	enrollment for each district for the K-12 FEFP.
249	2.  Maximum enrollments calculated by the department shall
250	be derived from enrollment estimates used by the Legislature to
251	calculate the FEFP. If two or more districts enter into an
252	agreement under the provisions of s. 1001.42(4)(d), after the
253	final enrollment estimate is agreed upon, the amount of FTE
254	specified in the agreement, not to exceed the estimate for the
255	specific program as identified in paragraph (c), may be
256	transferred from the participating districts to the district
257	providing the program.
258	3.  As part of its calculation of each district's maximum
259	total weighted full-time equivalent student enrollment, the
260	department shall establish separate enrollment ceilings for each
261	of two program groups. Group 1 shall be composed of basic
262	programs for grades K-3, grades 4-8, and grades 9-12. Group 2
263	shall be composed of students in exceptional student education
264	programs support levels IV and V, English for Speakers of Other
265	Languages programs, and all career programs in grades 9-12 7-12.
266	a.  For any calculation of the FEFP, the enrollment ceiling
267	for group 1 shall be calculated by multiplying the actual
268	enrollment for each program in the program group by its
269	appropriate program weight.
270	b.a.  The weighted enrollment ceiling for group 2 programs
271	shall be calculated by multiplying the final enrollment
272	conference estimate for each program by the appropriate program
273	weight as provided in the General Appropriations Act. The
274	weighted enrollment ceiling for program group 2 shall be the sum
275	of the weighted enrollment ceilings for each program in the
276	program group, plus the increase in weighted full-time
277	equivalent student membership from the prior year for clients of
278	the Department of Children and Family Services and the
279	Department of Juvenile Justice.
280	c.b.  If, for any calculation of the FEFP, the weighted
281	enrollment for program group 2, derived by multiplying actual
282	enrollments by appropriate program weights, exceeds the
283	enrollment ceiling for that group, the following procedure shall
284	be followed to reduce the weighted enrollment for that group to
285	equal the enrollment ceiling:
286	(I)  The weighted enrollment ceiling for each program in
287	the program group shall be subtracted from the weighted
288	enrollment for that program derived from actual enrollments.
289	(II)  If the difference calculated under sub-sub-
290	subparagraph (I) is greater than zero for any program, a
291	reduction proportion shall be computed for the program by
292	dividing the absolute value of the difference by the total
293	amount by which the weighted enrollment for the program group
294	exceeds the weighted enrollment ceiling for the program group.
295	(III)  The reduction proportion calculated under sub-sub-
296	subparagraph (II) shall be multiplied by the total amount of the
297	program group's enrollment over the ceiling as calculated under
298	sub-sub-subparagraph (I).
299	(IV)  The prorated reduction amount calculated under sub-
300	sub-subparagraph (III) shall be subtracted from the program's
301	weighted enrollment to produce a revised program weighted
302	enrollment. For any calculation of the FEFP, the enrollment
303	ceiling for group 1 shall be calculated by multiplying the
304	actual enrollment for each program in the program group by its
305	appropriate program weight.
306	(V)  The prorated reduction amount calculated under sub-
307	sub-subparagraph (III) shall be divided by the appropriate
308	program weight and the result shall be added to the revised
309	program weighted enrollment computed in sub-sub-subparagraph
310	(IV).
311	c.  For program group 2, the weighted enrollment ceiling
312	shall be a number not less than the sum obtained by:
313	(I)  Multiplying the sum of reported FTE for all programs
314	in the program group that have a cost factor of 1.0 or more by
315	1.0, and
316	(II)  By adding this number to the sum obtained by
317	multiplying the projected FTE for all programs with a cost
318	factor less than 1.0 by the actual cost factor.
319	4.  Following completion of the weighted enrollment ceiling
320	calculation as provided in subparagraph 3., a supplemental
321	capping calculation shall be employed for those districts that
322	are over their weighted enrollment ceiling. For each such
323	district, the total reported unweighted FTE enrollment for group
324	2 programs shall be compared with the total appropriated
325	unweighted FTE enrollment for group 2 programs. If the total
326	reported unweighted FTE for group 2 is greater than the
327	appropriated unweighted FTE, then the excess unweighted FTE up
328	to the unweighted FTE transferred from group 2 to group 1 for
329	each district by the Public School FTE Estimating Conference
330	shall be funded at a weight of 1.0 and added to the funded
331	weighted FTE computed in subparagraph 3.
332	(o)  Calculation of additional full-time equivalent
333	membership for the Florida Virtual School.--The total reported
334	full-time equivalent student membership for the Florida Virtual
335	School shall be multiplied by 0.114 and such value shall be
336	added to the total full-time equivalent student membership.
337	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
338	Legislature shall prescribe the aggregate required local effort
339	for all school districts collectively as an item in the General
340	Appropriations Act for each fiscal year. The amount that each
341	district shall provide annually toward the cost of the Florida
342	Education Finance Program for kindergarten through grade 12
343	programs shall be calculated as follows:
344	(a)  Estimated taxable value calculations.--
345	1.a.  Not later than 2 working days prior to July 19, the
346	Department of Revenue shall certify to the Commissioner of
347	Education its most recent estimate of the taxable value for
348	school purposes in each school district and the total for all
349	school districts in the state for the current calendar year
350	based on the latest available data obtained from the local
351	property appraisers. Not later than July 19, the Commissioner of
352	Education shall compute a millage rate, rounded to the next
353	highest one one-thousandth of a mill, which, when applied to 95
354	percent of the estimated state total taxable value for school
355	purposes, would generate the prescribed aggregate required local
356	effort for that year for all districts. The Commissioner of
357	Education shall certify to each district school board the
358	millage rate, computed as prescribed in this subparagraph, as
359	the minimum millage rate necessary to provide the district
360	required local effort for that year.
361	b.  The General Appropriations Act shall direct the
362	computation of the statewide adjusted aggregate amount for
363	required local effort for all school districts collectively from
364	ad valorem taxes to ensure that no school district's revenue
365	from required local effort millage will produce more than 90
366	percent of the district's total Florida Education Finance
367	Program calculation, and the adjustment of the required local
368	effort millage rate of each district that produces more than 90
369	percent of its total Florida Education Finance Program
370	entitlement to a level that will produce only 90 percent of its
371	total Florida Education Finance Program entitlement in the July
372	calculation.
373	2.  As revised data are received from property appraisers,
374	the Department of Revenue shall amend the certification of the
375	estimate of the taxable value for school purposes. The
376	Commissioner of Education, in administering the provisions of
377	subparagraph (9)(a)2., shall use the most recent taxable value
378	for the appropriate year.
379	(b)  Final calculation.--
380	1.  On September 1 of each year, the Department of Revenue
381	shall, upon receipt of the official final assessed value of
382	property from each of the property appraisers, certify to the
383	Commissioner of Education the total of the prior year final
384	taxable value total for school purposes in each school district
385	and the total for all school districts in the state, subject to
386	the provisions of paragraph (d). The commissioner shall use the
387	official final taxable value certified on September 1 for school
388	purposes for each school district in the final calculation of
389	the annual Florida Education Finance Program allocations.
390	2.  For the purposes of this paragraph, the official final
391	taxable value for school purposes shall be the taxable value for
392	school purposes on which the tax bills are computed and mailed
393	to the taxpayers, adjusted to reflect final administrative
394	actions of value adjustment boards and judicial decisions
395	pursuant to part I of chapter 194. By September 1 of each year,
396	the Department of Revenue shall certify to the commissioner the
397	official prior year final taxable value for school purposes. For
398	each county that has not submitted a revised tax roll reflecting
399	final value adjustment board actions and final judicial
400	decisions, the Department of Revenue shall certify the most
401	recent revision of the official taxable value for school
402	purposes. The certified value certified on September 1 shall be
403	the final taxable value for school purposes for that year, and
404	no further adjustments shall be made, except those made pursuant
405	to paragraph (9)(b) subparagraph (9)(a)2.
406	(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
407	CURRENT OPERATION.--The total annual state allocation to each
408	district for current operation for the FEFP shall be distributed
409	periodically in the manner prescribed in the General
410	Appropriations Act.
411	(b)  The amount thus obtained shall be the net annual
412	allocation to each school district. However, if it is determined
413	that any school district received an underallocation or
414	overallocation for any prior year because of an arithmetical
415	error, assessment roll change required by final judicial
416	decision, full-time equivalent student membership error, or any
417	allocation error revealed in an audit report, the allocation to
418	that district shall be appropriately adjusted. Beginning with
419	audits for the 2001-2002 fiscal year, if the adjustment is the
420	result of an audit finding in which group 2 FTE are reclassified
421	to the basic program and the district weighted FTE are over the
422	weighted enrollment ceiling for group 2 programs, the adjustment
423	shall not result in a gain of state funds to the district. If
424	the Department of Education audit adjustment recommendation is
425	based upon controverted findings of fact, the Commissioner of
426	Education is authorized to establish the amount of the
427	adjustment based on the best interests of the state.
428	Section 8.  Paragraph (b) of subsection (6) and subsection
429	(7) of section 1013.64, Florida Statutes, are amended to read:
430	1013.64  Funds for comprehensive educational plant needs;
431	construction cost maximums for school district capital
432	projects.--Allocations from the Public Education Capital Outlay
433	and Debt Service Trust Fund to the various boards for capital
434	outlay projects shall be determined as follows:
435	(6)
436	(b)1.  A district school board, including a district school
437	board of an academic performance-based charter school district,
438	must not use funds from the following sources: Public Education
439	Capital Outlay and Debt Service Trust Fund; School District and
440	Community College District Capital Outlay and Debt Service Trust
441	Fund; Classrooms First Program funds provided in s. 1013.68;
442	effort index grant funds provided in s. 1013.73; nonvoted 2-mill
443	levy of ad valorem property taxes provided in s. 1011.71(2);
444	Classrooms for Kids Infrastructure Program funds provided in s.
445	1013.735; or District Effort Recognition Program funds provided
446	in s. 1013.736 for any new construction of educational plant
447	space with a total cost per student station, including change
448	orders, that equals more than:
449	a.  $17,952 $12,755 for an elementary school,
450	b.  $19,386 $14,624 for a middle school, or
451	c.  $25,181 $19,352 for a high school,
452
453	(January 2006 2002) as adjusted annually to reflect increases or
454	decreases in the Consumer Price Index.
455	2.  A district school board must not use funds from the
456	Public Education Capital Outlay and Debt Service Trust Fund or
457	the School District and Community College District Capital
458	Outlay and Debt Service Trust Fund for any new construction of
459	an ancillary plant that exceeds 70 percent of the average cost
460	per square foot of new construction for all schools.
461	(7)  Moneys distributed to the Public Education Capital
462	Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
463	to fund the Classrooms for Kids Program created in s. 1013.735
464	and the High Growth County District Capital Outlay Assistance
465	Grant Program created in s. 1013.738 shall be distributed as
466	provided by those sections.
467	Section 9.  Section 1013.734, Florida Statutes, is created
468	to read:
469	1013.734  Class Size Reduction Construction Completion
470	Program.--
471	(1)  ALLOCATION.--The department shall allocate funds
472	appropriated to school districts excluding lab schools for the
473	Class Size Reduction Construction Completion Program, which is
474	hereby established. It is the intent of the Legislature that
475	this program be administered as nearly as practicable in the
476	same manner as the capital outlay program authorized under s.
477	9(a), Art. XII of the State Constitution. Each district school
478	board's share of the annual appropriation for the Class Size
479	Reduction Construction Completion Program must be calculated
480	according to the following formula:
481	(a)  Sixty percent of the appropriation shall be prorated
482	to the districts based on each district's percentage of K-12
483	prior year capital outlay full-time equivalent membership.
484	(b)  Thirty percent of the appropriation shall be based on
485	each district's percentage of K-12 growth capital outlay full-
486	time equivalent membership as specified for the allocation of
487	funds from the Public Education Capital Outlay and Debt Service
488	Trust Fund by s. 1013.64(3).
489	(c)  Ten percent of the appropriation shall be allocated
490	among the districts according to the allocation formula in s.
491	1013.64(1)(a), excluding adult vocational technical facilities.
492	(2)  DISTRICT PARTICIPATION.--In order to participate in
493	the Class Size Reduction Construction Completion Program, a
494	district school board shall:
495	(a)  Enter into an interlocal agreement pursuant to s.
496	1013.33.
497	(b)  Certify that the district's inventory of facilities
498	listed in the Florida Inventory of School Houses is accurate and
499	up to date pursuant to s. 1013.31.
500	(3)  USE OF FUNDS.--In order to provide additional capacity
501	to meet class size reduction requirements by the 2010-2011
502	fiscal year pursuant to s. 1003.03, a district school board
503	shall expend the funds received pursuant to this section only to
504	construct or remodel educational facilities. However, a district
505	school board may expend such funds for renovations if it
506	certifies to the Commissioner of Education that the primary
507	purpose of the renovation is to increase capacity. A district
508	school board that certifies to the commissioner that all of the
509	district's instructional space needs for the next 5 years can be
510	met from capital outlay sources that the district reasonably
511	expects to receive during the next 5 years may expend the funds
512	to construct, renovate, remodel, or repair educational
513	facilities that do not result in additional capacity.
514	Section 10.  Subsection (4) of section 1013.738, Florida
515	Statutes, is amended to read:
516	1013.738  High Growth District Capital Outlay Assistance
517	Grant Program.--
518	(4)  Moneys distributed to the Public Education Capital
519	Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
520	for the High Growth District Capital Outlay Assistance Grant
521	Program created in this section shall be distributed as provided
522	by this section.
523	Section 11.  Section 1013.739, Florida Statutes, is created
524	to read:
525	1013.739  Classroom Capacity Assistance Grant Program.--
526	(1)  ALLOCATION.--The department shall allocate funds
527	appropriated to school districts excluding lab schools for the
528	Classroom Capacity Assistance Grant Program, which is hereby
529	established. It is the intent of the Legislature that this
530	program be administered as nearly as practicable in the same
531	manner as the capital outlay program authorized under s. 9(a),
532	Art. XII of the State Constitution. Each district school board's
533	share of the annual appropriation for the Classroom Capacity
534	Assistance Grant Program must be calculated according to the
535	following formula:
536	(a)  Twenty-five percent of the appropriation shall be
537	prorated to the districts based on each district's percentage of
538	K-12 prior year capital outlay full-time equivalent membership.
539	(b)  Seventy percent of the appropriation shall be based on
540	each district's percentage of K-12 growth capital outlay full-
541	time equivalent membership as specified for the allocation of
542	funds from the Public Education Capital Outlay and Debt Service
543	Trust Fund by s. 1013.64(3).
544	(c)  Five percent of the appropriation shall be allocated
545	among the districts according to the allocation formula in s.
546	1013.64(1)(a), excluding adult vocational technical facilities.
547	(2)  DISTRICT PARTICIPATION.--In order to participate in
548	the Classroom Capacity Assistance Grant Program, a district
549	school board shall:
550	(a)  Enter into an interlocal agreement pursuant to s.
551	1013.33.
552	(b)  Certify that the district's inventory of facilities
553	listed in the Florida Inventory of School Houses is accurate and
554	up to date pursuant to s. 1013.31.
555	(3)  USE OF FUNDS.--In order to provide additional capacity
556	to meet class size reduction requirements by the 2010-2011
557	fiscal year pursuant to s. 1003.03, a district school board
558	shall expend the funds received pursuant to this section only to
559	construct or remodel educational facilities. However, a district
560	school board may expend such funds for renovations if it
561	certifies to the Commissioner of Education that the primary
562	purpose of the renovation is to increase capacity.
563	Section 12.  Except as otherwise expressly provided in this
564	act, this act shall take effect July 1, 2006.

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