Senate Bill sb0680e1

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    CS for SB 680                            First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to growth management; amending

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

  4         criteria for the High Growth District Capital

  5         Outlay Assistance Grant Program; revising

  6         provisions for allocating funds provided by the

  7         General Appropriations Act to the Public

  8         Education Capital Outlay and Debt Service Trust

  9         Fund; providing an appropriation; providing an

10         effective date.

11  

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

13  

14         Section 1.  Subsections (2) and (3) of section

15  1013.738, Florida Statutes, are amended to read:

16         1013.738  High Growth District Capital Outlay

17  Assistance Grant Program.--

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

19  must meet the following criteria:

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

21  nonvoted discretionary capital outlay millage authorized in s.

22  1011.71(2) for each of the past 3 4 fiscal years or receive an

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

24  212.055(6) which, when added to the nonvoted discretionary

25  capital outlay millage collected, equals the amount that would

26  be generated if the full 2 mills of nonvoted discretionary

27  capital outlay millage had been collected over the past 3

28  fiscal years.

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

30  fiscal year revenue from the collection of an impact fee

31  


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    CS for SB 680                            First Engrossed (ntc)



 1  specifically for schools and meet one of the following

 2  criteria:

 3         1.  Have received revenue from a local government

 4  infrastructure sales surtax authorized in s. 212.055(2) in

 5  which a portion is dedicated for the construction of schools

 6  in such prior fiscal year or for satisfaction of debt service

 7  pledged for the construction of schools.

 8         2.  Have received revenue from a school capital outlay

 9  surtax authorized in s. 212.055(6). If the school capital

10  outlay surtax is used to meet the conditions of paragraph (a),

11  the amount of the school capital outlay surtax collected must

12  be in excess of the amount in paragraph (a).

13         3.  Have received revenue from a local bond referendum

14  as authorized in ss. 1010.40-1010.55.

15         4.  Have paid debt service in the prior fiscal year for

16  a local bond referendum as authorized in ss. 1010.40-1010.55.

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

18  2-mill nonvoted discretionary capital outlay millage for the

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

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

21  that is less than the average cost per student station

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

23  statewide growth in capital outlay FTE students in elementary,

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

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

26  times twice the statewide average of growth in capital outlay

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

28  year must be determined by calculating the increase in

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

30         (d)  The district must not have received an

31  appropriation from the special facilities construction program


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    CS for SB 680                            First Engrossed (ntc)



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

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

 3  have released all funds allocated to the district from the

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

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

 6  the current fiscal year.

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

 8  district is greater than 15,000 students.

 9         (3)  The funds provided in the General Appropriations

10  Act shall be allocated pursuant to the following methodology:

11         (a)  Each eligible district school board shall receive

12  an amount from the Public Education Capital Outlay and Debt

13  Service Trust Fund to be calculated by computing the capital

14  outlay full-time equivalent membership as determined by the

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

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

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

18  are career education students, and adult disabled students who

19  are enrolled in school district career centers.

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

21  shall be determined for kindergarten through the 12th grade

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

23  equivalent student membership for the second and third surveys

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

25  Florida Inventory for School Houses. The capital outlay

26  full-time equivalent membership by grade level organization

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

28  outlay full-time equivalent membership by grade-level

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

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

31  year.


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    CS for SB 680                            First Engrossed (ntc)



 1         (c)  The total amount appropriated by the Legislature

 2  pursuant to this subsection shall be allocated among the

 3  growth capital outlay full-time equivalent membership. The

 4  allocation shall be prorated to the districts based upon each

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

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

 7  equivalent membership data shall be used in each subsequent

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

 9  this subsection.

10         (d)  If a change, correction, or recomputation of data

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

12  calculated amount previously allocated to a district, the

13  allocation to that district shall be adjusted correspondingly.

14  If such recomputation results in an increase or decrease of

15  the calculated amount, such additional or reduced amounts

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

17  appropriations. However, no change, correction, or

18  recomputation of data shall be made subsequent to 2 years

19  following the initial annual allocation.

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

21  Education shall calculate the value of 50 percent of the

22  revenue derived from the 2-mill nonvoted discretionary capital

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

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

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

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

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

28  weighted average value per student station calculated pursuant

29  to paragraph (2)(b).

30         (c)  The value calculated for each eligible district

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


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    CS for SB 680                            First Engrossed (ntc)



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

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

 3  awarded to a district pursuant to this section.

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

 5  Appropriations Act are insufficient to fully fund the maximum

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

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

 8  prorated share of the total maximum award amount calculated

 9  for all eligible districts.

10         Section 2.  The sum of $30 million is appropriated for

11  the 2007-2008 fiscal year from nonrecurring funds, transferred

12  pursuant to chapter 2005-290, Laws of Florida, to the Public

13  Education Capital Outlay and Debt Service Trust Fund in the

14  Department of Education for the High Growth County District

15  Capital Outlay Assistance Grant Program established in s.

16  1013.738, Florida Statutes.

17         Section 3.  This act shall take effect upon becoming a

18  law.

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