| 1 | A bill to be entitled |
| 2 | An act relating to public school utilization; amending s. |
| 3 | 1013.64, F.S.; requiring the Department of Education to |
| 4 | establish the Increased Utilization Account as part of the |
| 5 | Public Education Capital Outlay and Debt Service Trust |
| 6 | Fund; providing a formula for allocation of funds to a |
| 7 | school district that increases its FTE facility capacity; |
| 8 | providing eligibility requirements and restrictions; |
| 9 | amending s. 1003.03, F.S.; authorizing use of alternative, |
| 10 | nontraditional school calendars for purposes of meeting |
| 11 | constitutional class size maximums; providing an effective |
| 12 | date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Subsection (8) is added to section 1013.64, |
| 17 | Florida Statutes, to read: |
| 18 | 1013.64 Funds for comprehensive educational plant needs; |
| 19 | construction cost maximums for school district capital |
| 20 | projects.--Allocations from the Public Education Capital Outlay |
| 21 | and Debt Service Trust Fund to the various boards for capital |
| 22 | outlay projects shall be determined as follows: |
| 23 | (8)(a) Beginning with the 2007-2008 fiscal year, the |
| 24 | department shall establish as a part of the Public Education |
| 25 | Capital Outlay and Debt Service Trust Fund a separate account to |
| 26 | be known as the Increased Utilization Account in an amount each |
| 27 | year not to exceed 15 percent of the total funds appropriated |
| 28 | under paragraph (3)(a). These funds shall be allocated by the |
| 29 | commissioner to any school district according to the following |
| 30 | formula: Any eligible school that increases its FTE facility |
| 31 | capacity by at least 20 percent as a result of using an |
| 32 | alternative, nontraditional calendar shall receive up to a |
| 33 | maximum of $250 per each FTE generated within the school. |
| 34 | (b) To be eligible, a district school board must submit a |
| 35 | resolution to the commissioner by August 1 of each fiscal year, |
| 36 | beginning August 1, 2007, of its intent to participate in the |
| 37 | Increased Utilization Account, listing each of the schools |
| 38 | eligible during the prior fiscal year. The information listed |
| 39 | for each school must include the maximum FTE capacity for the |
| 40 | year as contained in the Florida Inventory of School Houses in |
| 41 | the Office of Educational Facilities and the increase |
| 42 | attributable to the alternative, nontraditional calendar. To be |
| 43 | eligible, each individual school's FTE must exceed the maximum |
| 44 | facility capacity during the year by at least 20 percent. |
| 45 | (c) Each school district qualifying for funding under this |
| 46 | subsection may be paid up to $250 per each FTE generated per |
| 47 | eligible school for a maximum of 5 years if funds are available. |
| 48 | If funds are insufficient during any fiscal year, the |
| 49 | commissioner shall determine the pro rata amount. |
| 50 | (d) Funds received by a school district from the Increased |
| 51 | Utilization Account shall be exempt from repayment of any |
| 52 | project outstanding pursuant to subsection (2). |
| 53 | (e) All funds accruing to a school district under this |
| 54 | subsection shall be allocated to the schools generating the |
| 55 | increased capacity and shall be expended on needed projects as |
| 56 | recommended in a survey under the rules of the state board. |
| 57 | (f) Overcrowding of a school or double session does not |
| 58 | apply. In addition, students may not be assigned to |
| 59 | instructional spaces contrary to the State Requirements for |
| 60 | Educational Facilities. |
| 61 | Section 2. Paragraph (j) of subsection (3) of section |
| 62 | 1003.03, Florida Statutes, is amended to read: |
| 63 | 1003.03 Maximum class size.-- |
| 64 | (3) IMPLEMENTATION OPTIONS.--District school boards must |
| 65 | consider, but are not limited to, implementing the following |
| 66 | items in order to meet the constitutional class size maximums |
| 67 | described in subsection (1) and the two-student-per-year |
| 68 | reduction required in subsection (2): |
| 69 | (j) Use alternative, year-round schools and other |
| 70 | nontraditional calendars that do not adversely impact annual |
| 71 | assessment of student achievement. |
| 72 | Section 3. This act shall take effect July 1, 2007. |