Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
CHAMBER ACTION
Senate House
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05/03/2007 02:06 PM .
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11 The Conference Committee on CS for SB 1060 recommended the
12 following amendment:
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14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (d) of subsection (1) of section
19 201.15, Florida Statutes, as amended by chapters 2005-92,
20 2006-1, 2006-185, and 2006-231, Laws of Florida, is amended to
21 read:
22 201.15 Distribution of taxes collected.--All taxes
23 collected under this chapter shall be distributed as follows
24 and shall be subject to the service charge imposed in s.
25 215.20(1), except that such service charge shall not be levied
26 against any portion of taxes pledged to debt service on bonds
27 to the extent that the amount of the service charge is
28 required to pay any amounts relating to the bonds:
29 (1) Sixty-two and sixty-three hundredths percent of
30 the remaining taxes collected under this chapter shall be used
31 for the following purposes:
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
1 (d) The remainder of the moneys distributed under this
2 subsection, after the required payments under paragraphs (a),
3 (b), and (c), shall be paid into the State Treasury to the
4 credit of:
5 1. The State Transportation Trust Fund in the
6 Department of Transportation in the amount of $541.75 million
7 in each fiscal year, to be paid in quarterly installments and
8 used for the following specified purposes, notwithstanding any
9 other law to the contrary:
10 a. For the purposes of capital funding for the New
11 Starts Transit Program, authorized by Title 49, U.S.C. s. 5309
12 and specified in s. 341.051, 10 percent of these funds;
13 b. For the purposes of the Small County Outreach
14 Program specified in s. 339.2818, 5 percent of these funds;
15 c. For the purposes of the Strategic Intermodal System
16 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75
17 percent of these funds after allocating for the New Starts
18 Transit Program described in sub-subparagraph a. and the Small
19 County Outreach Program described in sub-subparagraph b.; and
20 d. For the purposes of the Transportation Regional
21 Incentive Program specified in s. 339.2819, 25 percent of
22 these funds after allocating for the New Starts Transit
23 Program described in sub-subparagraph a. and the Small County
24 Outreach Program described in sub-subparagraph b.
25 2. The Water Protection and Sustainability Program
26 Trust Fund in the Department of Environmental Protection in
27 the amount of $100 million in each fiscal year, to be paid in
28 quarterly installments and used as required by s. 403.890.
29 3. The Public Education Capital Outlay and Debt
30 Service Trust Fund in the Department of Education in the
31 amount of $105 million in each fiscal year, to be paid in
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
1 monthly installments with $75 million used to fund the
2 Classrooms for Kids Program created in s. 1013.735, and $30
3 million to be used to fund the High Growth County District
4 Capital Outlay Assistance Grant Program created in s.
5 1013.738. If required, new facilities constructed under the
6 Classrooms for Kids Program must meet the requirements of s.
7 1013.372.
8 3.4. The Grants and Donations Trust Fund in the
9 Department of Community Affairs in the amount of $3.25 million
10 in each fiscal year to be paid in monthly installments, with
11 $3 million to be used to fund technical assistance to local
12 governments and school boards on the requirements and
13 implementation of this act and $250,000 to be used to fund the
14 Century Commission established in s. 163.3247.
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16 Moneys distributed pursuant to this paragraph may not be
17 pledged for debt service unless such pledge is approved by
18 referendum of the voters.
19 Section 2. Paragraph (c) of subsection (1) of section
20 203.01, Florida Statutes, is amended to read:
21 203.01 Tax on gross receipts for utility and
22 communications services.--
23 (1)
24 (c)1. The tax shall be levied against the total amount
25 of gross receipts received by a distribution company for its
26 sale of utility services if the utility service is delivered
27 to the retail consumer by a distribution company and the
28 retail consumer pays the distribution company a charge for
29 utility service which includes a charge for both the
30 electricity and the transportation of electricity to the
31 retail consumer. The distribution company shall report and
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
1 remit to the Department of Revenue by the 20th last day of
2 each month the taxes levied pursuant to this paragraph during
3 the preceding month.
4 2. To the extent practicable, the Department of
5 Revenue must distribute all receipts of taxes remitted under
6 this chapter to the Public Education Capital Outlay and Debt
7 Service Trust Fund in the same month as the department
8 collects such taxes.
9 Section 3. Paragraph (a) of subsection (1), paragraph
10 (a) of subsection (3), and subsection (7) of section 1013.64,
11 Florida Statutes, are amended to read:
12 1013.64 Funds for comprehensive educational plant
13 needs; construction cost maximums for school district capital
14 projects.--Allocations from the Public Education Capital
15 Outlay and Debt Service Trust Fund to the various boards for
16 capital outlay projects shall be determined as follows:
17 (1)(a) Funds for remodeling, renovation, maintenance,
18 repairs, and site improvement for existing satisfactory
19 facilities shall be given priority consideration by the
20 Legislature for appropriations allocated to the boards from
21 the total amount of the Public Education Capital Outlay and
22 Debt Service Trust Fund appropriated. These funds shall be
23 calculated pursuant to the following basic formula: the
24 building value times the building age over the sum of the
25 years' digits assuming a 50-year building life. For modular
26 noncombustible facilities, a 35-year life shall be used, and
27 for relocatable facilities, a 20-year life shall be used.
28 "Building value" is calculated by multiplying each building's
29 total assignable square feet times the appropriate
30 net-to-gross conversion rate found in state board rules and
31 that product times the current average new construction cost.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
1 "Building age" is calculated by multiplying the prior year's
2 building age times 1 minus the prior year's sum received from
3 this subsection divided by the prior year's building value. To
4 the net result shall be added the number 1. Each board shall
5 receive the percentage generated by the preceding formula of
6 the total amount appropriated for the purposes of this
7 section.
8 (3)(a) Each district school board shall receive an
9 amount from the Public Education Capital Outlay and Debt
10 Service Trust Fund to be calculated by computing the capital
11 outlay full-time equivalent membership as determined by the
12 department. Such membership must include, but is not limited
13 to:
14 1. K-12 students for whom the school district provides
15 the educational facility, except hospital and homebound
16 part-time students; and
17 2. Students who are career education students, and
18 adult disabled students and who are enrolled in school
19 district career centers. The capital outlay full-time
20 equivalent membership shall be determined for kindergarten
21 through the 12th grade and for career centers by averaging the
22 unweighted full-time equivalent student membership for the
23 second and third surveys and comparing the results on a
24 school-by-school basis with the Florida Inventory for School
25 Houses. The capital outlay full-time equivalent membership by
26 grade level organization shall be used in making the following
27 calculations: The capital outlay full-time equivalent
28 membership by grade level organization for the 4th prior year
29 must be used to compute the base-year allocation. The capital
30 outlay full-time equivalent membership by grade-level
31 organization for the prior year must be used to compute the
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
1 growth over the highest of the 3 years preceding the prior
2 year. From the total amount appropriated by the Legislature
3 pursuant to this subsection, 40 percent shall be allocated
4 among the base capital outlay full-time equivalent membership
5 and 60 percent among the growth capital outlay full-time
6 equivalent membership. The allocation within each of these
7 groups shall be prorated to the districts based upon each
8 district's percentage of base and growth capital outlay
9 full-time membership. The most recent 4-year capital outlay
10 full-time equivalent membership data shall be used in each
11 subsequent year's calculation for the allocation of funds
12 pursuant to this subsection. If a change, correction, or
13 recomputation of data during any year results in a reduction
14 or increase of the calculated amount previously allocated to a
15 district, the allocation to that district shall be adjusted
16 correspondingly. If such recomputation results in an increase
17 or decrease of the calculated amount, such additional or
18 reduced amounts shall be added to or reduced from the
19 district's future appropriations. However, no change,
20 correction, or recomputation of data shall be made subsequent
21 to 2 years following the initial annual allocation.
22 (7) Moneys distributed to the Public Education Capital
23 Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
24 to fund the Classrooms for Kids Program created in s. 1013.735
25 and the High Growth County District Capital Outlay Assistance
26 Grant Program created in s. 1013.738 shall be distributed as
27 provided by those sections.
28 Section 4. Paragraph (a) of subsection (2) of section
29 1013.65, Florida Statutes, is amended to read:
30 1013.65 Educational and ancillary plant construction
31 funds; Public Education Capital Outlay and Debt Service Trust
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
1 Fund; allocation of funds.--
2 (2)(a) The Public Education Capital Outlay and Debt
3 Service Trust Fund shall be comprised of the following
4 sources, which are hereby appropriated to the trust fund:
5 1. Proceeds, premiums, and accrued interest from the
6 sale of public education bonds and that portion of the
7 revenues accruing from the gross receipts tax as provided by
8 s. 9(a)(2), Art. XII of the State Constitution, as amended,
9 interest on investments, and federal interest subsidies.
10 2. General revenue funds appropriated to the fund for
11 educational capital outlay purposes.
12 3. All capital outlay funds previously appropriated
13 and certified forward pursuant to s. 216.301.
14 4.a. Funds paid pursuant to s. 201.15(1)(d).
15 b. The sum of $41.75 million of such funds shall be
16 appropriated annually for expenditure to fund the Classrooms
17 for Kids Program created in s. 1013.735 and shall be
18 distributed as provided by that section.
19 Section 5. Subsection (4) of section 1013.738, Florida
20 Statutes, is amended to read:
21 1013.738 High Growth District Capital Outlay
22 Assistance Grant Program.--
23 (4) Moneys distributed to the Public Education Capital
24 Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
25 for the High Growth District Capital Outlay Assistance Grant
26 Program created in this section shall be distributed as
27 provided by this section.
28 Section 6. This act shall take effect July 1, 2007.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1060
Barcode 461804
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to educational facilities;
8 amending s. 201.15, F.S.; deleting provisions
9 relating to distribution of proceeds from the
10 excise tax on documents to the Public Education
11 Capital Outlay and Debt Service Trust Fund;
12 amending s. 203.01, F.S.; revising the date by
13 which a distribution company must remit taxes
14 on gross receipts from the sale of utility
15 services; prescribing an aspirational date for
16 remission of gross receipts taxes to such trust
17 fund; amending s. 1013.64, F.S.; prescribing
18 the life to be used for certain facilities in
19 calculating distributions from such trust fund;
20 clarifying those K-12 students on whose behalf
21 distributions will be made from such trust
22 fund; deleting provisions relating to
23 distributions from such trust fund for
24 specified programs; amending s. 1013.65, F.S.;
25 deleting reference to certain moneys paid into
26 such trust fund and to moneys set aside for
27 distribution to a specified program; amending
28 s. 1013.738, F.S.; deleting a provision
29 relating to distributions from such trust fund
30 for a specified program; providing an effective
31 date.
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