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. 1013.62, F.S.;
21	revising charter school capital outlay funding eligibility
22	criteria and allocation of funds; amending s. 1013.64,
23	F.S.; revising construction cost maximums for school
24	district capital outlay projects; revising programs the
25	funds of which must meet the construction cost maximums;
26	conforming provisions; creating s. 1013.734, F.S.;
27	establishing the Class Size Reduction Construction
28	Completion Program; providing for the allocation of funds;
29	providing requirements for district participation in the
30	program; providing for use of the funds; amending s.
31	1013.738, F.S.; conforming provisions; creating s.
32	1013.739, F.S.; establishing the Classroom Capacity
33	Assistance Grant Program; providing for the allocation of
34	funds; providing requirements for district participation
35	in the program; providing for use of the funds; providing
36	effective dates.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Paragraph (d) of subsection (1) of section
41	201.15, Florida Statutes, is amended to read:
42	201.15  Distribution of taxes collected.--All taxes
43	collected under this chapter shall be distributed as follows and
44	shall be subject to the service charge imposed in s. 215.20(1),
45	except that such service charge shall not be levied against any
46	portion of taxes pledged to debt service on bonds to the extent
47	that the amount of the service charge is required to pay any
48	amounts relating to the bonds:
49	(1)  Sixty-two and sixty-three hundredths percent of the
50	remaining taxes collected under this chapter shall be used for
51	the following purposes:
52	(d)  The remainder of the moneys distributed under this
53	subsection, after the required payments under paragraphs (a),
54	(b), and (c), shall be paid into the State Treasury to the
55	credit of:
56	1.  The State Transportation Trust Fund in the Department
57	of Transportation in the amount of $541.75 million in each
58	fiscal year, to be paid in quarterly installments and used for
59	the following specified purposes, notwithstanding any other law
60	to the contrary:
61	a.  For the purposes of capital funding for the New Starts
62	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
63	specified in s. 341.051, 10 percent of these funds;
64	b.  For the purposes of the Small County Outreach Program
65	specified in s. 339.2818, 5 percent of these funds;
66	c.  For the purposes of the Strategic Intermodal System
67	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
68	of these funds after allocating for the New Starts Transit
69	Program described in sub-subparagraph a. and the Small County
70	Outreach Program described in sub-subparagraph b.; and
71	d.  For the purposes of the Transportation Regional
72	Incentive Program specified in s. 339.2819, 25 percent of these
73	funds after allocating for the New Starts Transit Program
74	described in sub-subparagraph a. and the Small County Outreach
75	Program described in sub-subparagraph b.
76	2.  The Water Protection and Sustainability Program Trust
77	Fund in the Department of Environmental Protection in the amount
78	of $100 million in each fiscal year, to be paid in quarterly
79	installments and used as required by s. 403.890.
80	3.  The Public Education Capital Outlay and Debt Service
81	Trust Fund in the Department of Education in the amount of $105
82	million in each fiscal year, to be paid in monthly installments
83	for the purpose of funding the Classroom Capacity Assistance
84	Grant Program established pursuant to s. 1013.739 with $75
85	million used to fund the Classrooms for Kids Program created in
86	s. 1013.735, and $30 million to be used to fund the High Growth
87	County District Capital Outlay Assistance Grant Program created
88	in s. 1013.738. If required, new facilities constructed under
89	the Classrooms for Kids Program must meet the requirements of s.
90	1013.372.
91	4.  The Grants and Donations Trust Fund in the Department
92	of Community Affairs in the amount of $3.25 million in each
93	fiscal year to be paid in monthly installments, with $3 million
94	to be used to fund technical assistance to local governments and
95	school boards on the requirements and implementation of this act
96	and $250,000 to be used to fund the Century Commission
97	established in s. 163.3247.
98
99	Moneys distributed pursuant to this paragraph may not be pledged
100	for debt service unless such pledge is approved by referendum of
101	the voters.
102	Section 2.  Effective July 1, 2007, paragraph (d) of
103	subsection (1) of section 201.15, Florida Statutes, as amended
104	by chapter 2005-92, Laws of Florida, is amended to read:
105	201.15  Distribution of taxes collected.--All taxes
106	collected under this chapter shall be distributed as follows and
107	shall be subject to the service charge imposed in s. 215.20(1),
108	except that such service charge shall not be levied against any
109	portion of taxes pledged to debt service on bonds to the extent
110	that the amount of the service charge is required to pay any
111	amounts relating to the bonds:
112	(1)  Sixty-two and sixty-three hundredths percent of the
113	remaining taxes collected under this chapter shall be used for
114	the following purposes:
115	(d)  The remainder of the moneys distributed under this
116	subsection, after the required payments under paragraphs (a),
117	(b), and (c), shall be paid into the State Treasury to the
118	credit of:
119	1.  The State Transportation Trust Fund in the Department
120	of Transportation in the amount of $541.75 million in each
121	fiscal year, to be paid in quarterly installments and used for
122	the following specified purposes, notwithstanding any other law
123	to the contrary:
124	a.  For the purposes of capital funding for the New Starts
125	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
126	specified in s. 341.051, 10 percent of these funds;
127	b.  For the purposes of the Small County Outreach Program
128	specified in s. 339.2818, 5 percent of these funds;
129	c.  For the purposes of the Strategic Intermodal System
130	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
131	of these funds after allocating for the New Starts Transit
132	Program described in sub-subparagraph a. and the Small County
133	Outreach Program described in sub-subparagraph b.; and
134	d.  For the purposes of the Transportation Regional
135	Incentive Program specified in s. 339.2819, 25 percent of these
136	funds after allocating for the New Starts Transit Program
137	described in sub-subparagraph a. and the Small County Outreach
138	Program described in sub-subparagraph b.
139	2.  The Water Protection and Sustainability Program Trust
140	Fund in the Department of Environmental Protection in the amount
141	of $100 million in each fiscal year, to be paid in quarterly
142	installments and used as required by s. 403.890.
143	3.  The Public Education Capital Outlay and Debt Service
144	Trust Fund in the Department of Education in the amount of $105
145	million in each fiscal year, to be paid in monthly installments
146	for the purpose of funding the Classroom Capacity Assistance
147	Grant Program established pursuant to s. 1013.739 with $75
148	million used to fund the Classrooms for Kids Program created in
149	s. 1013.735, and $30 million to be used to fund the High Growth
150	County District Capital Outlay Assistance Grant Program created
151	in s. 1013.738. If required, new facilities constructed under
152	the Classrooms for Kids Program must meet the requirements of s.
153	1013.372.
154	4.  The Grants and Donations Trust Fund in the Department
155	of Community Affairs in the amount of $3.25 million in each
156	fiscal year to be paid in monthly installments, with $3 million
157	to be used to fund technical assistance to local governments and
158	school boards on the requirements and implementation of this act
159	and $250,000 to be used to fund the Century Commission
160	established in s. 163.3247.
161
162	Moneys distributed pursuant to this paragraph may not be pledged
163	for debt service unless such pledge is approved by referendum of
164	the voters.
165	Section 3.  Paragraph (c) of subsection (2) of section
166	551.106, Florida Statutes, is amended to read:
167	551.106  License fee; tax rate; penalties.--
168	(2)  TAX ON SLOT MACHINE REVENUES.--
169	(c)1.  Funds transferred to the Educational Enhancement
170	Trust Fund under paragraph (b) shall be used to supplement
171	public education funding statewide and shall not be used for
172	recurring appropriations.
173	2.  If necessary to comply with any covenant established
174	pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
175	funds transferred to the Educational Enhancement Trust Fund
176	under paragraph (b) shall first be available to pay debt service
177	on lottery bonds issued to fund school construction in the event
178	lottery revenues are insufficient for such purpose or to satisfy
179	debt service reserve requirements established in connection with
180	lottery bonds. Moneys available pursuant to this subparagraph
181	are subject to annual appropriation by the Legislature.
182	Section 4.  Paragraph (a) of subsection (2) of section
183	1001.451, Florida Statutes, is amended to read:
184	1001.451  Regional consortium service organizations.--In
185	order to provide a full range of programs to larger numbers of
186	students, minimize duplication of services, and encourage the
187	development of new programs and services:
188	(2)(a)  Each regional consortium service organization that
189	consists of four or more school districts is eligible to
190	receive, through the Department of Education, an incentive grant
191	of $50,000 per school district and eligible member to be used
192	for the delivery of services within the participating school
193	districts. The determination of services and use of such funds
194	shall be established by the board of directors of the regional
195	consortium service organization. The funds shall be distributed
196	to each regional consortium service organization no later than
197	30 days following the release of the funds to the department.
198	Section 5.  Paragraph (b) of subsection (2) of section
199	1003.03, Florida Statutes, is amended to read:
200	1003.03  Maximum class size.--
201	(2)  IMPLEMENTATION.--
202	(b)  Determination of the number of students per classroom
203	in paragraph (a) shall be calculated as follows:
204	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
205	the calculation for compliance for each of the 3 grade groupings
206	shall be the average at the district level.
207	2.  For fiscal year years 2006-2007 through 2007-2008, the
208	calculation for compliance for each of the 3 grade groupings
209	shall be the average at the school level.
210	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
211	the calculation for compliance shall be at the individual
212	classroom level.
213	Section 6.  Subsection (2) of section 1009.535, Florida
214	Statutes, is amended to read:
215	1009.535  Florida Medallion Scholars award.--
216	(2)  A Florida Medallion Scholar is eligible for an award
217	equal to the amount required to pay 75 percent of tuition and
218	fees, if the student is enrolled in a state university or a
219	baccalaureate degree program authorized pursuant to s. 1007.33.
220	A Florida Medallion Scholar is eligible for an award equal to
221	the amount required to pay 100 percent of tuition and fees for
222	college credit courses leading to an associate degree if the
223	student is enrolled in a community college public postsecondary
224	education institution. A student who is enrolled in a nonpublic
225	postsecondary education institution is eligible for an award
226	equal to the amount that would be required to pay 75 percent of
227	the tuition and fees of a public postsecondary education
228	institution at the comparable level.
229	Section 7.  Effective June 1, 2006, or if this act fails to
230	become a law until after that date, effective upon this act
231	becoming a law and operating retroactively to June 1, 2006,
232	paragraph (d) of subsection (1), paragraphs (a) and (b) of
233	subsection (4), and paragraph (b) of subsection (9) of section
234	1011.62, Florida Statutes, are amended, paragraphs (o), (p),
235	(q), and (r) of subsection (1) are redesignated as paragraphs
236	(p), (q), (r), and (s), respectively, and a new paragraph (o) is
237	added to that subsection, to read:
238	1011.62  Funds for operation of schools.--If the annual
239	allocation from the Florida Education Finance Program to each
240	district for operation of schools is not determined in the
241	annual appropriations act or the substantive bill implementing
242	the annual appropriations act, it shall be determined as
243	follows:
244	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
245	OPERATION.--The following procedure shall be followed in
246	determining the annual allocation to each district for
247	operation:
248	(d)  Annual allocation calculation.--
249	1.  The Department of Education is authorized and directed
250	to review all district programs and enrollment projections and
251	calculate a maximum total weighted full-time equivalent student
252	enrollment for each district for the K-12 FEFP.
253	2.  Maximum enrollments calculated by the department shall
254	be derived from enrollment estimates used by the Legislature to
255	calculate the FEFP. If two or more districts enter into an
256	agreement under the provisions of s. 1001.42(4)(d), after the
257	final enrollment estimate is agreed upon, the amount of FTE
258	specified in the agreement, not to exceed the estimate for the
259	specific program as identified in paragraph (c), may be
260	transferred from the participating districts to the district
261	providing the program.
262	3.  As part of its calculation of each district's maximum
263	total weighted full-time equivalent student enrollment, the
264	department shall establish separate enrollment ceilings for each
265	of two program groups. Group 1 shall be composed of basic
266	programs for grades K-3, grades 4-8, and grades 9-12. Group 2
267	shall be composed of students in exceptional student education
268	programs support levels IV and V, English for Speakers of Other
269	Languages programs, and all career programs in grades 9-12 7-12.
270	a.  For any calculation of the FEFP, the enrollment ceiling
271	for group 1 shall be calculated by multiplying the actual
272	enrollment for each program in the program group by its
273	appropriate program weight.
274	b.a.  The weighted enrollment ceiling for group 2 programs
275	shall be calculated by multiplying the final enrollment
276	conference estimate for each program by the appropriate program
277	weight as provided in the General Appropriations Act. The
278	weighted enrollment ceiling for program group 2 shall be the sum
279	of the weighted enrollment ceilings for each program in the
280	program group, plus the increase in weighted full-time
281	equivalent student membership from the prior year for clients of
282	the Department of Children and Family Services and the
283	Department of Juvenile Justice.
284	c.b.  If, for any calculation of the FEFP, the weighted
285	enrollment for program group 2, derived by multiplying actual
286	enrollments by appropriate program weights, exceeds the
287	enrollment ceiling for that group, the following procedure shall
288	be followed to reduce the weighted enrollment for that group to
289	equal the enrollment ceiling:
290	(I)  The weighted enrollment ceiling for each program in
291	the program group shall be subtracted from the weighted
292	enrollment for that program derived from actual enrollments.
293	(II)  If the difference calculated under sub-sub-
294	subparagraph (I) is greater than zero for any program, a
295	reduction proportion shall be computed for the program by
296	dividing the absolute value of the difference by the total
297	amount by which the weighted enrollment for the program group
298	exceeds the weighted enrollment ceiling for the program group.
299	(III)  The reduction proportion calculated under sub-sub-
300	subparagraph (II) shall be multiplied by the total amount of the
301	program group's enrollment over the ceiling as calculated under
302	sub-sub-subparagraph (I).
303	(IV)  The prorated reduction amount calculated under sub-
304	sub-subparagraph (III) shall be subtracted from the program's
305	weighted enrollment to produce a revised program weighted
306	enrollment. For any calculation of the FEFP, the enrollment
307	ceiling for group 1 shall be calculated by multiplying the
308	actual enrollment for each program in the program group by its
309	appropriate program weight.
310	(V)  The prorated reduction amount calculated under sub-
311	sub-subparagraph (III) shall be divided by the appropriate
312	program weight and the result shall be added to the revised
313	program weighted enrollment computed in sub-sub-subparagraph
314	(IV).
315	c.  For program group 2, the weighted enrollment ceiling
316	shall be a number not less than the sum obtained by:
317	(I)  Multiplying the sum of reported FTE for all programs
318	in the program group that have a cost factor of 1.0 or more by
319	1.0, and
320	(II)  By adding this number to the sum obtained by
321	multiplying the projected FTE for all programs with a cost
322	factor less than 1.0 by the actual cost factor.
323	4.  Following completion of the weighted enrollment ceiling
324	calculation as provided in subparagraph 3., a supplemental
325	capping calculation shall be employed for those districts that
326	are over their weighted enrollment ceiling. For each such
327	district, the total reported unweighted FTE enrollment for group
328	2 programs shall be compared with the total appropriated
329	unweighted FTE enrollment for group 2 programs. If the total
330	reported unweighted FTE for group 2 is greater than the
331	appropriated unweighted FTE, then the excess unweighted FTE up
332	to the unweighted FTE transferred from group 2 to group 1 for
333	each district by the Public School FTE Estimating Conference
334	shall be funded at a weight of 1.0 and added to the funded
335	weighted FTE computed in subparagraph 3.
336	(o)  Calculation of additional full-time equivalent
337	membership for the Florida Virtual School.--The total reported
338	full-time equivalent student membership for the Florida Virtual
339	School shall be multiplied by 0.114 and such value shall be
340	added to the total full-time equivalent student membership.
341	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
342	Legislature shall prescribe the aggregate required local effort
343	for all school districts collectively as an item in the General
344	Appropriations Act for each fiscal year. The amount that each
345	district shall provide annually toward the cost of the Florida
346	Education Finance Program for kindergarten through grade 12
347	programs shall be calculated as follows:
348	(a)  Estimated taxable value calculations.--
349	1.a.  Not later than 2 working days prior to July 19, the
350	Department of Revenue shall certify to the Commissioner of
351	Education its most recent estimate of the taxable value for
352	school purposes in each school district and the total for all
353	school districts in the state for the current calendar year
354	based on the latest available data obtained from the local
355	property appraisers. Not later than July 19, the Commissioner of
356	Education shall compute a millage rate, rounded to the next
357	highest one one-thousandth of a mill, which, when applied to 95
358	percent of the estimated state total taxable value for school
359	purposes, would generate the prescribed aggregate required local
360	effort for that year for all districts. The Commissioner of
361	Education shall certify to each district school board the
362	millage rate, computed as prescribed in this subparagraph, as
363	the minimum millage rate necessary to provide the district
364	required local effort for that year.
365	b.  The General Appropriations Act shall direct the
366	computation of the statewide adjusted aggregate amount for
367	required local effort for all school districts collectively from
368	ad valorem taxes to ensure that no school district's revenue
369	from required local effort millage will produce more than 90
370	percent of the district's total Florida Education Finance
371	Program calculation, and the adjustment of the required local
372	effort millage rate of each district that produces more than 90
373	percent of its total Florida Education Finance Program
374	entitlement to a level that will produce only 90 percent of its
375	total Florida Education Finance Program entitlement in the July
376	calculation.
377	2.  As revised data are received from property appraisers,
378	the Department of Revenue shall amend the certification of the
379	estimate of the taxable value for school purposes. The
380	Commissioner of Education, in administering the provisions of
381	subparagraph (9)(a)2., shall use the most recent taxable value
382	for the appropriate year.
383	(b)  Final calculation.--
384	1.  On September 1 of each year, the Department of Revenue
385	shall, upon receipt of the official final assessed value of
386	property from each of the property appraisers, certify to the
387	Commissioner of Education the total of the prior year final
388	taxable value total for school purposes in each school district
389	and the total for all school districts in the state, subject to
390	the provisions of paragraph (d). The commissioner shall use the
391	official final taxable value certified on September 1 for school
392	purposes for each school district in the final calculation of
393	the annual Florida Education Finance Program allocations.
394	2.  For the purposes of this paragraph, the official final
395	taxable value for school purposes shall be the taxable value for
396	school purposes on which the tax bills are computed and mailed
397	to the taxpayers, adjusted to reflect final administrative
398	actions of value adjustment boards and judicial decisions
399	pursuant to part I of chapter 194. By September 1 of each year,
400	the Department of Revenue shall certify to the commissioner the
401	official prior year final taxable value for school purposes. For
402	each county that has not submitted a revised tax roll reflecting
403	final value adjustment board actions and final judicial
404	decisions, the Department of Revenue shall certify the most
405	recent revision of the official taxable value for school
406	purposes. The certified value certified on September 1 shall be
407	the final taxable value for school purposes for that year, and
408	no further adjustments shall be made, except those made pursuant
409	to paragraph (9)(b) subparagraph (9)(a)2.
410	(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
411	CURRENT OPERATION.--The total annual state allocation to each
412	district for current operation for the FEFP shall be distributed
413	periodically in the manner prescribed in the General
414	Appropriations Act.
415	(b)  The amount thus obtained shall be the net annual
416	allocation to each school district. However, if it is determined
417	that any school district received an underallocation or
418	overallocation for any prior year because of an arithmetical
419	error, assessment roll change required by final judicial
420	decision, full-time equivalent student membership error, or any
421	allocation error revealed in an audit report, the allocation to
422	that district shall be appropriately adjusted. Beginning with
423	audits for the 2001-2002 fiscal year, if the adjustment is the
424	result of an audit finding in which group 2 FTE are reclassified
425	to the basic program and the district weighted FTE are over the
426	weighted enrollment ceiling for group 2 programs, the adjustment
427	shall not result in a gain of state funds to the district. If
428	the Department of Education audit adjustment recommendation is
429	based upon controverted findings of fact, the Commissioner of
430	Education is authorized to establish the amount of the
431	adjustment based on the best interests of the state.
432	Section 8.  Subsections (1) and (7) of section 1013.62,
433	Florida Statutes, are amended to read:
434	1013.62  Charter schools capital outlay funding.--
435	(1)  In each year in which funds are appropriated for
436	charter school capital outlay purposes, the Commissioner of
437	Education shall allocate the funds among eligible charter
438	schools. To be eligible for a funding allocation, a charter
439	school must:
440	(a)1.  Have been in operation for 3 or more years;
441	2.  Be an expanded feeder chain of a charter school within
442	the same school district that is currently receiving charter
443	school capital outlay funds; or
444	3.  Have been accredited by the Commission on Schools of
445	the Southern Association of Colleges and Schools.
446	(b)  Have financial stability for future operation as a
447	charter school.
448	(c)  Have documented student learning gains for at least 75
449	percent of the student population as measured by the school's
450	preassessments and postassessments in kindergarten through grade
451	3 or the school's annual FCAT assessments in grades 4 through 10
452	and have documented improvement of the lowest 25th percentile of
453	students in the school in reading and mathematics unless these
454	students are performing above satisfactory performance
455	satisfactory student achievement based on state accountability
456	standards applicable to the charter school.
457	(d)  Have received final approval from its sponsor pursuant
458	to s. 1002.33 for operation during that fiscal year.
459	(e)  Serve students in facilities that are not provided by
460	the charter school's sponsor.
461
462	The first priority for charter school capital outlay funding
463	shall be to allocate to the charter schools that received
464	funding in the 2005-2006 fiscal year an allocation of the same
465	amount per capital outlay full-time equivalent student up to the
466	lesser of the actual number of capital outlay full-time
467	equivalent students in the current year or the capital outlay
468	full-time equivalent students in the 2005-2006 fiscal year.
469	After calculating the first priority, the second priority shall
470	be to allocate excess funds remaining in the appropriation in an
471	amount equal to the per capital outlay full-time equivalent
472	student amount in the first priority calculation to eligible
473	charter schools not included in the first priority calculation
474	and to schools in the first priority calculation with growth in
475	excess of the 2005-2006 capital outlay full-time equivalent
476	students. After calculating the first and second priorities,
477	excess funds remaining in the appropriation shall be allocated
478	to all eligible charter schools. A charter school's allocation
479	shall not exceed one-fifteenth of the cost per student station
480	specified in s. 1013.64(6)(b). Prior to the release of capital
481	outlay funds to a school district on behalf of the charter
482	school, the Department of Education shall ensure that the
483	district school board and the charter school governing board
484	enter into a written agreement that includes provisions for the
485	reversion of any unencumbered funds and all equipment and
486	property purchased with public education funds to the ownership
487	of the district school board, as provided for in subsection (3),
488	in the event that the school terminates operations. Any funds
489	recovered by the state shall be deposited in the General Revenue
490	Fund. A charter school is not eligible for a funding allocation
491	if it was created by the conversion of a public school and
492	operates in facilities provided by the charter school's sponsor
493	for a nominal fee or at no charge or if it is directly or
494	indirectly operated by the school district. Unless otherwise
495	provided in the General Appropriations Act, the funding
496	allocation for each eligible charter school shall be determined
497	by multiplying the school's projected student enrollment by one-
498	fifteenth of the cost-per-student station specified in s.
499	1013.64(6)(b) for an elementary, middle, or high school, as
500	appropriate. If the funds appropriated are not sufficient, the
501	commissioner shall prorate the available funds among eligible
502	charter schools. However, no charter school or charter lab
503	school shall receive state charter school capital outlay funds
504	in excess of the one-fifteenth cost per student station formula
505	if the charter school's combination of state charter school
506	capital outlay funds, capital outlay funds calculated through
507	the reduction in the administrative fee provided in s.
508	1002.33(20), and capital outlay funds allowed in s.
509	1002.32(9)(e) and (h) exceeds the one-fifteenth cost per student
510	station formula. Funds shall be distributed on the basis of the
511	capital outlay full-time equivalent membership by grade level,
512	which shall be calculated by averaging the results of the second
513	and third enrollment surveys. The Department of Education shall
514	distribute capital outlay funds monthly, beginning in the first
515	quarter of the fiscal year, based on one-twelfth of the amount
516	the department reasonably expects the charter school to receive
517	during that fiscal year. The commissioner shall adjust
518	subsequent distributions as necessary to reflect each charter
519	school's actual student enrollment as reflected in the second
520	and third enrollment surveys. The commissioner shall establish
521	the intervals and procedures for determining the projected and
522	actual student enrollment of eligible charter schools.
523	(7)  Notwithstanding the provisions of this section,
524	beginning in the 2003-2004 fiscal year:
525	(a)  If the appropriation for charter school capital outlay
526	funds is no greater than the 2002-2003 appropriation, the funds
527	shall be allocated according to the formula outlined in
528	subsection (1) to:
529	1.  The same schools that received funding in 2002-2003.
530	2.  Schools that are an expanded feeder pattern of schools
531	that received funding in 2002-2003.
532	3.  Schools that have an approved charter and are serving
533	students at the start of the 2003-2004 school year and either
534	incurred long-term financial obligations prior to January 31,
535	2003, or began construction on educational facilities prior to
536	December 31, 2002.
537	(b)  If the appropriation for charter school capital outlay
538	funds is less than the 2002-2003 appropriation, the funds shall
539	be prorated among the schools eligible in paragraph (a).
540	(c)  If the appropriation for charter school capital outlay
541	funds is greater than the 2002-2003 appropriation, the amount of
542	funds provided in the 2002-2003 appropriation shall be allocated
543	according to paragraph (a). First priority for allocating the
544	amount in excess of the 2002-2003 appropriation shall be to
545	prorate the excess funds among the charter schools with long-
546	term debt or long-term lease to the extent that the initial
547	allocation is insufficient to provide one-fifteenth of the cost
548	per student station specified in s. 1013.64(6)(b), and second
549	priority shall be to other eligible charter schools.
550	Section 9.  Paragraph (b) of subsection (6) and subsection
551	(7) of section 1013.64, Florida Statutes, are amended to read:
552	1013.64  Funds for comprehensive educational plant needs;
553	construction cost maximums for school district capital
554	projects.--Allocations from the Public Education Capital Outlay
555	and Debt Service Trust Fund to the various boards for capital
556	outlay projects shall be determined as follows:
557	(6)
558	(b)1.  A district school board, including a district school
559	board of an academic performance-based charter school district,
560	must not use funds from the following sources: Public Education
561	Capital Outlay and Debt Service Trust Fund; School District and
562	Community College District Capital Outlay and Debt Service Trust
563	Fund; Classrooms First Program funds provided in s. 1013.68;
564	effort index grant funds provided in s. 1013.73; nonvoted 2-mill
565	levy of ad valorem property taxes provided in s. 1011.71(2);
566	Class Size Reduction Construction Completion Program funds
567	provided in s. 1013.734; Classrooms for Kids Infrastructure
568	Program funds provided in s. 1013.735; or District Effort
569	Recognition Program funds provided in s. 1013.736; High Growth
570	District Capital Outlay Assistance Grant Program funds provided
571	in s. 1013.738; or Classroom Capacity Assistance Grant Program
572	funds provided in s. 1013.739 for any new construction of
573	educational plant space with a total cost per student station,
574	including change orders, that equals more than:
575	a.  $17,952 $12,755 for an elementary school,
576	b.  $19,386 $14,624 for a middle school, or
577	c.  $25,181 $19,352 for a high school,
578
579	(January 2006 2002) as adjusted annually to reflect increases or
580	decreases in the Consumer Price Index.
581	2.  A district school board must not use funds from the
582	Public Education Capital Outlay and Debt Service Trust Fund or
583	the School District and Community College District Capital
584	Outlay and Debt Service Trust Fund for any new construction of
585	an ancillary plant that exceeds 70 percent of the average cost
586	per square foot of new construction for all schools.
587	(7)  Moneys distributed to the Public Education Capital
588	Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
589	to fund the Classrooms for Kids Program created in s. 1013.735
590	and the High Growth County District Capital Outlay Assistance
591	Grant Program created in s. 1013.738 shall be distributed as
592	provided by those sections.
593	Section 10.  Section 1013.734, Florida Statutes, is created
594	to read:
595	1013.734  Class Size Reduction Construction Completion
596	Program.--
597	(1)  ALLOCATION.--The department shall allocate funds
598	appropriated to school districts excluding lab schools for the
599	Class Size Reduction Construction Completion Program, which is
600	hereby established. It is the intent of the Legislature that
601	this program be administered as nearly as practicable in the
602	same manner as the capital outlay program authorized under s.
603	9(a), Art. XII of the State Constitution. Each district school
604	board's share of the annual appropriation for the Class Size
605	Reduction Construction Completion Program must be calculated
606	according to the following formula:
607	(a)  Sixty percent of the appropriation shall be prorated
608	to the districts based on each district's percentage of K-12
609	prior year capital outlay full-time equivalent membership.
610	(b)  Thirty percent of the appropriation shall be based on
611	each district's percentage of K-12 growth capital outlay full-
612	time equivalent membership as specified for the allocation of
613	funds from the Public Education Capital Outlay and Debt Service
614	Trust Fund by s. 1013.64(3).
615	(c)  Ten percent of the appropriation shall be allocated
616	among the districts according to the allocation formula in s.
617	1013.64(1)(a), excluding adult vocational technical facilities.
618	(2)  DISTRICT PARTICIPATION.--In order to participate in
619	the Class Size Reduction Construction Completion Program, a
620	district school board shall:
621	(a)  Enter into an interlocal agreement pursuant to s.
622	1013.33.
623	(b)  Certify that the district's inventory of facilities
624	listed in the Florida Inventory of School Houses is accurate and
625	up to date pursuant to s. 1013.31.
626	(3)  USE OF FUNDS.--In order to provide additional capacity
627	to meet class size reduction requirements by the 2010-2011
628	fiscal year pursuant to s. 1003.03, a district school board
629	shall expend the funds received pursuant to this section only to
630	construct or remodel educational facilities. However, a district
631	school board may expend such funds for renovations if it
632	certifies to the Commissioner of Education that the primary
633	purpose of the renovation is to increase capacity. A district
634	school board that certifies to the commissioner that all of the
635	district's instructional space needs for the next 5 years can be
636	met from capital outlay sources that the district reasonably
637	expects to receive during the next 5 years may expend the funds
638	to construct, renovate, remodel, or repair educational
639	facilities that do not result in additional capacity.
640	Section 11.  Subsection (4) of section 1013.738, Florida
641	Statutes, is amended to read:
642	1013.738  High Growth District Capital Outlay Assistance
643	Grant Program.--
644	(4)  Moneys distributed to the Public Education Capital
645	Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
646	for the High Growth District Capital Outlay Assistance Grant
647	Program created in this section shall be distributed as provided
648	by this section.
649	Section 12.  Section 1013.739, Florida Statutes, is created
650	to read:
651	1013.739  Classroom Capacity Assistance Grant Program.--
652	(1)  ALLOCATION.--The department shall allocate funds
653	appropriated to school districts excluding lab schools for the
654	Classroom Capacity Assistance Grant Program, which is hereby
655	established. It is the intent of the Legislature that this
656	program be administered as nearly as practicable in the same
657	manner as the capital outlay program authorized under s. 9(a),
658	Art. XII of the State Constitution. Each district school board's
659	share of the annual appropriation for the Classroom Capacity
660	Assistance Grant Program must be calculated according to the
661	following formula:
662	(a)  Twenty-five percent of the appropriation shall be
663	prorated to the districts based on each district's percentage of
664	K-12 prior year capital outlay full-time equivalent membership.
665	(b)  Seventy percent of the appropriation shall be based on
666	each district's percentage of K-12 growth capital outlay full-
667	time equivalent membership as specified for the allocation of
668	funds from the Public Education Capital Outlay and Debt Service
669	Trust Fund by s. 1013.64(3).
670	(c)  Five percent of the appropriation shall be allocated
671	among the districts according to the allocation formula in s.
672	1013.64(1)(a), excluding adult vocational technical facilities.
673	(2)  DISTRICT PARTICIPATION.--In order to participate in
674	the Classroom Capacity Assistance Grant Program, a district
675	school board shall:
676	(a)  Enter into an interlocal agreement pursuant to s.
677	1013.33.
678	(b)  Certify that the district's inventory of facilities
679	listed in the Florida Inventory of School Houses is accurate and
680	up to date pursuant to s. 1013.31.
681	(3)  USE OF FUNDS.--In order to provide additional capacity
682	to meet class size reduction requirements by the 2010-2011
683	fiscal year pursuant to s. 1003.03, a district school board
684	shall expend the funds received pursuant to this section only to
685	construct or remodel educational facilities. However, a district
686	school board may expend such funds for renovations if it
687	certifies to the Commissioner of Education that the primary
688	purpose of the renovation is to increase capacity.
689	Section 13.  Except as otherwise expressly provided in this
690	act, this act shall take effect July 1, 2006.

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