1 | A bill to be entitled |
2 | An act relating to growth management; amending s. 1013.65, |
3 | F.S.; revising the sum appropriated for the Classrooms for |
4 | Kids Program; amending s. 1013.738, F.S.; revising the |
5 | eligibility criteria for the High Growth District Capital |
6 | Outlay Assistance Grant Program; revising provisions for |
7 | allocating funds provided by the General Appropriations |
8 | Act to the Public Education Capital Outlay and Debt |
9 | Service Trust Fund; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Paragraph (a) of subsection (2) of section |
14 | 1013.65, Florida Statutes, is amended to read: |
15 | 1013.65 Educational and ancillary plant construction |
16 | funds; Public Education Capital Outlay and Debt Service Trust |
17 | Fund; allocation of funds.-- |
18 | (2)(a) The Public Education Capital Outlay and Debt |
19 | Service Trust Fund shall be comprised of the following sources, |
20 | which are hereby appropriated to the trust fund: |
21 | 1. Proceeds, premiums, and accrued interest from the sale |
22 | of public education bonds and that portion of the revenues |
23 | accruing from the gross receipts tax as provided by s. 9(a)(2), |
24 | Art. XII of the State Constitution, as amended, interest on |
25 | investments, and federal interest subsidies. |
26 | 2. General revenue funds appropriated to the fund for |
27 | educational capital outlay purposes. |
28 | 3. All capital outlay funds previously appropriated and |
29 | certified forward pursuant to s. 216.301. |
30 | 4.a. Funds paid pursuant to s. 201.15(1)(d). |
31 | b. The sum of $75 $41.75 million of such funds shall be |
32 | appropriated annually for expenditure to fund the Classrooms for |
33 | Kids Program created in s. 1013.735 and shall be distributed as |
34 | provided by that section. |
35 | Section 2. Subsections (2) and (3) of section 1013.738, |
36 | Florida Statutes, are amended to read: |
37 | 1013.738 High Growth District Capital Outlay Assistance |
38 | Grant Program.-- |
39 | (2) In order to qualify for a grant, a school district |
40 | must meet the following criteria: |
41 | (a) The district must have levied the full 2 mills of |
42 | nonvoted discretionary capital outlay millage authorized in s. |
43 | 1011.71(2) for each of the past 3 4 fiscal years or receive an |
44 | amount from the school capital outlay surtax authorized in s. |
45 | 212.055(6) which, when added to the nonvoted discretionary |
46 | capital outlay millage collected, equals the amount that would |
47 | be generated if the full 2 mills of nonvoted discretionary |
48 | capital outlay millage had been collected over the past 3 fiscal |
49 | years. |
50 | (b) The district must have received in the prior fiscal |
51 | year revenue from the collection of an impact fee specifically |
52 | for schools and revenue from the collection of one of the |
53 | following: |
54 | 1. A local government infrastructure sales surtax |
55 | authorized in s. 212.055(2) in which a portion is dedicated for |
56 | the construction of schools in such prior fiscal year or for |
57 | satisfaction of debt service pledged for the construction of |
58 | schools. |
59 | 2. A school capital outlay surtax authorized in s. |
60 | 212.055(6). If the school capital outlay surtax is used to meet |
61 | the conditions of paragraph (a), the amount of the school |
62 | capital outlay surtax collected must be in excess of the amount |
63 | in paragraph (a). |
64 | 3. A local bond referendum as authorized in ss. 1010.40- |
65 | 1010.55. Fifty percent of the revenue derived from the 2-mill |
66 | nonvoted discretionary capital outlay millage for the past 4 |
67 | fiscal years, when divided by the district's growth in capital |
68 | outlay FTE students over this period, produces a value that is |
69 | less than the average cost per student station calculated |
70 | pursuant to s. 1013.72(2), and weighted by statewide growth in |
71 | capital outlay FTE students in elementary, middle, and high |
72 | schools for the past 4 fiscal years. |
73 | (c) The district must have equaled or exceeded three times |
74 | twice the statewide average of growth in capital outlay FTE |
75 | students over the prior 3 fiscal years. Growth in any one year |
76 | must be determined by calculating the increase in students over |
77 | the prior year this same 4-year period. |
78 | (d) The district must not have received an appropriation |
79 | from the special facilities construction program in the current |
80 | fiscal year or any of the 2 fiscal years prior to the current |
81 | fiscal year. The Commissioner of Education must have released |
82 | all funds allocated to the district from the Classrooms First |
83 | Program authorized in s. 1013.68, and these funds were fully |
84 | expended by the district as of February 1 of the current fiscal |
85 | year. |
86 | (e) The total capital outlay FTE students of the district |
87 | is greater than 15,000 students. |
88 | (3) The funds provided in the General Appropriations Act |
89 | shall be allocated pursuant to the following methodology: |
90 | (a) Each eligible district school board shall receive an |
91 | amount from the Public Education Capital Outlay and Debt Service |
92 | Trust Fund to be calculated by computing the capital outlay |
93 | full-time equivalent membership as determined by the Department |
94 | of Education. Such membership must include, but is not limited |
95 | to, kindergarten through 12th grade students, except hospital |
96 | and homebound part-time students, students who are career |
97 | education students, and adult disabled students who are enrolled |
98 | in school district career centers. For each eligible district, |
99 | the Department of Education shall calculate the value of 50 |
100 | percent of the revenue derived from the 2-mill nonvoted |
101 | discretionary capital outlay millage for the past 4 fiscal years |
102 | divided by the increase in capital outlay FTE students for the |
103 | same period. |
104 | (b) The capital outlay full-time equivalent membership |
105 | shall be determined for kindergarten through the 12th grade and |
106 | for career centers by averaging the unweighted full-time |
107 | equivalent student membership for the second and third surveys |
108 | and comparing the results on a school-by-school basis with the |
109 | Florida Inventory for School Houses. The capital outlay full- |
110 | time equivalent membership by grade level organization shall be |
111 | used in making the following calculation: the capital outlay |
112 | full-time equivalent membership by grade-level organization for |
113 | the prior year must be used to compute the growth over the |
114 | highest of the 3 years preceding the prior year. The Department |
115 | of Education shall determine, for each eligible district, the |
116 | amount that must be added to the value calculated pursuant to |
117 | paragraph (a) to produce the weighted average value per student |
118 | station calculated pursuant to paragraph (2)(b). |
119 | (c) The total amount appropriated by the Legislature |
120 | pursuant to this subsection shall be allocated among the growth |
121 | capital outlay full-time equivalent membership. The allocation |
122 | shall be prorated to the districts based upon each district's |
123 | percentage of growth capital outlay full-time membership. The |
124 | most recent 4-year capital outlay full-time equivalent |
125 | membership data shall be used in each subsequent year's |
126 | calculation for the allocation of funds pursuant to this |
127 | subsection. The value calculated for each eligible district |
128 | pursuant to paragraph (b) shall be multiplied by the average |
129 | increase in capital outlay FTE students for the past 4 fiscal |
130 | years to determine the maximum amount of a grant that may be |
131 | awarded to a district pursuant to this section. |
132 | (d) If a change, correction, or recomputation of data |
133 | during any year results in a reduction or increase of the |
134 | calculated amount previously allocated to a district, the |
135 | allocation to that district shall be adjusted correspondingly. |
136 | If such recomputation results in an increase or decrease of the |
137 | calculated amount, such additional or reduced amounts shall be |
138 | added to or reduced from the district's future appropriations. |
139 | However, no change, correction, or recomputation of data shall |
140 | be made subsequent to 2 years following the initial annual |
141 | allocation. In the event the funds provided in the General |
142 | Appropriations Act are insufficient to fully fund the maximum |
143 | grants calculated pursuant to paragraph (c), the Department of |
144 | Education shall allocate the funds based on each district's |
145 | prorated share of the total maximum award amount calculated for |
146 | all eligible districts. |
147 | Section 3. This act shall take effect upon becoming a law. |