Senate Bill sb0680

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    Florida Senate - 2007                                   SB 680

    By Senators Dockery, Baker, Haridopolos, Argenziano, Bennett,
    Webster and Fasano




    15-122A-07

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 1013.65, F.S.; revising the sum appropriated

  4         for the Classrooms for Kids Program; amending

  5         s. 1013.738, F.S.; revising the eligibility

  6         criteria for the High Growth District Capital

  7         Outlay Assistance Grant Program; revising

  8         provisions for allocating funds provided by the

  9         General Appropriations Act to the Public

10         Education Capital Outlay and Debt Service Trust

11         Fund; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Paragraph (a) of subsection (2) of section

16  1013.65, Florida Statutes, is amended to read:

17         1013.65  Educational and ancillary plant construction

18  funds; Public Education Capital Outlay and Debt Service Trust

19  Fund; allocation of funds.--

20         (2)(a)  The Public Education Capital Outlay and Debt

21  Service Trust Fund shall be comprised of the following

22  sources, which are hereby appropriated to the trust fund:

23         1.  Proceeds, premiums, and accrued interest from the

24  sale of public education bonds and that portion of the

25  revenues accruing from the gross receipts tax as provided by

26  s. 9(a)(2), Art. XII of the State Constitution, as amended,

27  interest on investments, and federal interest subsidies.

28         2.  General revenue funds appropriated to the fund for

29  educational capital outlay purposes.

30         3.  All capital outlay funds previously appropriated

31  and certified forward pursuant to s. 216.301.

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    Florida Senate - 2007                                   SB 680
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 1         4.a.  Funds paid pursuant to s. 201.15(1)(d).

 2         b.  The sum of $75 $41.75 million of such funds shall

 3  be appropriated annually for expenditure to fund the

 4  Classrooms for Kids Program created in s. 1013.735 and shall

 5  be distributed as provided by that section.

 6         Section 2.  Subsections (2) and (3) of section

 7  1013.738, Florida Statutes, are amended to read:

 8         1013.738  High Growth District Capital Outlay

 9  Assistance Grant Program.--

10         (2)  In order to qualify for a grant, a school district

11  must meet the following criteria:

12         (a)  The district must have levied the full 2 mills of

13  nonvoted discretionary capital outlay millage authorized in s.

14  1011.71(2) for each of the past 3 4 fiscal years or receive an

15  amount from the school capital outlay surtax authorized in s.

16  212.055(6) which, when added to the nonvoted discretionary

17  capital outlay millage collected, equals the amount that would

18  be generated if the full 2 mills of nonvoted discretionary

19  capital outlay millage had been collected over the past 3

20  fiscal years.

21         (b)  The district must have received in the prior

22  fiscal year revenue from the collection of an impact fee

23  specifically for schools and revenue from the collection of

24  one of the following:

25         1.  A local government infrastructure sales surtax

26  authorized in s. 212.055(2) in which a portion is dedicated

27  for the construction of schools in such prior fiscal year, or

28  for satisfaction of debt service pledged for the construction

29  of schools.

30         2.  A school capital outlay surtax authorized in s.

31  212.055(6). If the school capital outlay surtax is used to

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    Florida Senate - 2007                                   SB 680
    15-122A-07




 1  meet the conditions of paragraph (a), the amount of the school

 2  capital outlay surtax collected must be in excess of the

 3  amount in paragraph (a).

 4         3.  A local bond referendum as authorized in ss.

 5  1010.40-1010.55.

 6         (b)  Fifty percent of the revenue derived from the

 7  2-mill nonvoted discretionary capital outlay millage for the

 8  past 4 fiscal years, when divided by the district's growth in

 9  capital outlay FTE students over this period, produces a value

10  that is less than the average cost per student station

11  calculated pursuant to s. 1013.72(2), and weighted by

12  statewide growth in capital outlay FTE students in elementary,

13  middle, and high schools for the past 4 fiscal years.

14         (c)  The district must have equaled or exceeded three

15  times twice the statewide average of growth in capital outlay

16  FTE students over the prior 3 fiscal years. Growth in any one

17  year must be determined by calculating the increase in

18  students over the prior year this same 4-year period.

19         (d)  The district must not have received an

20  appropriation from the special facilities construction program

21  in the current fiscal year or any of the 2 fiscal years prior

22  to the current fiscal year. The Commissioner of Education must

23  have released all funds allocated to the district from the

24  Classrooms First Program authorized in s. 1013.68, and these

25  funds were fully expended by the district as of February 1 of

26  the current fiscal year.

27         (e)  The total capital outlay FTE students of the

28  district is greater than 15,000 students.

29         (3)  The funds provided in the General Appropriations

30  Act shall be allocated pursuant to the following methodology:

31  

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    Florida Senate - 2007                                   SB 680
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 1         (a)  Each eligible district school board shall receive

 2  an amount from the Public Education Capital Outlay and Debt

 3  Service Trust Fund to be calculated by computing the capital

 4  outlay full-time equivalent membership as determined by the

 5  Department of Education. Such membership must include, but is

 6  not limited to, kindergarten through 12th grade students,

 7  except hospital and homebound part-time students, students who

 8  are career education students, and adult disabled students who

 9  are enrolled in school district career centers.

10         (b)  The capital outlay full-time equivalent membership

11  shall be determined for kindergarten through the 12th grade

12  and for career centers by averaging the unweighted full-time

13  equivalent student membership for the second and third surveys

14  and comparing the results on a school-by-school basis with the

15  Florida Inventory for School Houses. The capital outlay

16  full-time equivalent membership by grade level organization

17  shall be used in making the following calculation: the capital

18  outlay full-time equivalent membership by grade-level

19  organization for the prior year must be used to compute the

20  growth over the highest of the 3 years preceding the prior

21  year.

22         (c)  The total amount appropriated by the Legislature

23  pursuant to this subsection shall be allocated among the

24  growth capital outlay full-time equivalent membership. The

25  allocation shall be prorated to the districts based upon each

26  district's percentage of growth capital outlay full-time

27  membership. The most recent 4-year capital outlay full-time

28  equivalent membership data shall be used in each subsequent

29  year's calculation for the allocation of funds pursuant to

30  this subsection.

31  

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    Florida Senate - 2007                                   SB 680
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 1         (d)  If a change, correction, or recomputation of data

 2  during any year results in a reduction or increase of the

 3  calculated amount previously allocated to a district, the

 4  allocation to that district shall be adjusted correspondingly.

 5  If such recomputation results in an increase or decrease of

 6  the calculated amount, such additional or reduced amounts

 7  shall be added to or reduced from the district's future

 8  appropriations. However, no change, correction, or

 9  recomputation of data shall be made subsequent to 2 years

10  following the initial annual allocation.

11         (a)  For each eligible district, the Department of

12  Education shall calculate the value of 50 percent of the

13  revenue derived from the 2-mill nonvoted discretionary capital

14  outlay millage for the past 4 fiscal years divided by the

15  increase in capital outlay FTE students for the same period.

16         (b)  The Department of Education shall determine, for

17  each eligible district, the amount that must be added to the

18  value calculated pursuant to paragraph (a) to produce the

19  weighted average value per student station calculated pursuant

20  to paragraph (2)(b).

21         (c)  The value calculated for each eligible district

22  pursuant to paragraph (b) shall be multiplied by the average

23  increase in capital outlay FTE students for the past 4 fiscal

24  years to determine the maximum amount of a grant that may be

25  awarded to a district pursuant to this section.

26         (d)  In the event the funds provided in the General

27  Appropriations Act are insufficient to fully fund the maximum

28  grants calculated pursuant to paragraph (c), the Department of

29  Education shall allocate the funds based on each district's

30  prorated share of the total maximum award amount calculated

31  for all eligible districts.

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    Florida Senate - 2007                                   SB 680
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 1         Section 3.  This act shall take effect upon becoming a

 2  law.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Revises the sum appropriated for the Classrooms for Kids
      Program. Revises the eligibility criteria for the High
 7    Growth District Capital Outlay Assistance Grant Program.
      Revises provisions for allocation of funds provided by
 8    the General Appropriations Act to the Public Education
      Capital Outlay and Debt Service Trust Fund.
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