| 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 meet one of the following criteria: |
| 53 | 1. Have received in the prior fiscal year revenue from a |
| 54 | local government infrastructure sales surtax authorized in s. |
| 55 | 212.055(2) a portion of which was dedicated to the construction |
| 56 | of schools in such prior fiscal year or to the satisfaction of |
| 57 | debt service pledged for the construction of schools. |
| 58 | 2. Have received in the prior fiscal year revenue from a |
| 59 | school capital outlay surtax authorized in s. 212.055(6). If the |
| 60 | school capital outlay surtax is used to meet the conditions of |
| 61 | paragraph (a), the amount of the school capital outlay surtax |
| 62 | collected must be in excess of the amount in paragraph (a). |
| 63 | 3. Have received in the prior fiscal year revenue from a |
| 64 | local bond referendum as authorized in ss. 1010.40-1010.55. |
| 65 | 4. Have paid in the prior fiscal year debt service for a |
| 66 | local bond referendum as authorized in ss. 1010.40-1010.55. |
| 67 | Fifty percent of the revenue derived from the 2-mill nonvoted |
| 68 | discretionary capital outlay millage for the past 4 fiscal |
| 69 | years, when divided by the district's growth in capital outlay |
| 70 | FTE students over this period, produces a value that is less |
| 71 | than the average cost per student station calculated pursuant to |
| 72 | s. 1013.72(2), and weighted by statewide growth in capital |
| 73 | outlay FTE students in elementary, middle, and high schools for |
| 74 | the past 4 fiscal years. |
| 75 | (c) The district average growth in capital outlay FTE |
| 76 | students over the prior 3 fiscal years must have equaled or |
| 77 | exceeded 4 percent. Growth in any single year must be determined |
| 78 | by calculating the increase in students over the prior year |
| 79 | twice the statewide average of growth in capital outlay FTE |
| 80 | students over this same 4-year period. |
| 81 | (d) The district must not have received an appropriation |
| 82 | from the special facilities construction program in the current |
| 83 | fiscal year or any of the 2 fiscal years prior to the current |
| 84 | fiscal year. The Commissioner of Education must have released |
| 85 | all funds allocated to the district from the Classrooms First |
| 86 | Program authorized in s. 1013.68, and these funds were fully |
| 87 | expended by the district as of February 1 of the current fiscal |
| 88 | year. |
| 89 | (e) The total capital outlay FTE students of the district |
| 90 | is greater than 15,000 students. |
| 91 | (3) The funds provided in the General Appropriations Act |
| 92 | shall be allocated pursuant to the following methodology: |
| 93 | (a) Each eligible district school board shall receive an |
| 94 | amount from the Public Education Capital Outlay and Debt Service |
| 95 | Trust Fund to be calculated by computing the capital outlay |
| 96 | full-time equivalent membership as determined by the Department |
| 97 | of Education. Such membership must include, but is not limited |
| 98 | to, kindergarten through 12th grade students, except hospital |
| 99 | and homebound part-time students, students who are career |
| 100 | education students, and adult disabled students who are enrolled |
| 101 | in school district career centers. For each eligible district, |
| 102 | the Department of Education shall calculate the value of 50 |
| 103 | percent of the revenue derived from the 2-mill nonvoted |
| 104 | discretionary capital outlay millage for the past 4 fiscal years |
| 105 | divided by the increase in capital outlay FTE students for the |
| 106 | same period. |
| 107 | (b) The capital outlay full-time equivalent membership |
| 108 | shall be determined for kindergarten through the 12th grade and |
| 109 | for career centers by averaging the unweighted full-time |
| 110 | equivalent student membership for the second and third surveys |
| 111 | and comparing the results on a school-by-school basis with the |
| 112 | Florida Inventory for School Houses. The capital outlay full- |
| 113 | time equivalent membership by grade level organization shall be |
| 114 | used in making the following calculation: the capital outlay |
| 115 | full-time equivalent membership by grade-level organization for |
| 116 | the prior year must be used to compute the growth over the |
| 117 | highest of the 3 years preceding the prior year. The Department |
| 118 | of Education shall determine, for each eligible district, the |
| 119 | amount that must be added to the value calculated pursuant to |
| 120 | paragraph (a) to produce the weighted average value per student |
| 121 | station calculated pursuant to paragraph (2)(b). |
| 122 | (c) The total amount appropriated by the Legislature |
| 123 | pursuant to this subsection shall be allocated among the growth |
| 124 | capital outlay full-time equivalent membership. The allocation |
| 125 | shall be prorated to the districts based upon each district's |
| 126 | percentage of growth capital outlay full-time membership. The |
| 127 | most recent 4-year capital outlay full-time equivalent |
| 128 | membership data shall be used in each subsequent year's |
| 129 | calculation for the allocation of funds pursuant to this |
| 130 | subsection. The value calculated for each eligible district |
| 131 | pursuant to paragraph (b) shall be multiplied by the average |
| 132 | increase in capital outlay FTE students for the past 4 fiscal |
| 133 | years to determine the maximum amount of a grant that may be |
| 134 | awarded to a district pursuant to this section. |
| 135 | (d) If a change, correction, or recomputation of data |
| 136 | during any year results in a reduction or increase of the |
| 137 | calculated amount previously allocated to a district, the |
| 138 | allocation to that district shall be adjusted correspondingly. |
| 139 | If such recomputation results in an increase or decrease of the |
| 140 | calculated amount, such additional or reduced amounts shall be |
| 141 | added to or reduced from the district's future appropriations. |
| 142 | However, no change, correction, or recomputation of data shall |
| 143 | be made subsequent to 2 years following the initial annual |
| 144 | allocation. In the event the funds provided in the General |
| 145 | Appropriations Act are insufficient to fully fund the maximum |
| 146 | grants calculated pursuant to paragraph (c), the Department of |
| 147 | Education shall allocate the funds based on each district's |
| 148 | prorated share of the total maximum award amount calculated for |
| 149 | all eligible districts. |
| 150 | Section 3. This act shall take effect upon becoming a law. |