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A bill to be entitled

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An act relating to public school utilization; amending s.

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1013.64, F.S.; establishing the Increased Utilization

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Program, which shall be funded as a part of the Public

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Education Capital Outlay and Debt Service Trust Fund;

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providing a formula for allocation of funds to a school

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district that increases its FTE facility capacity;

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providing eligibility requirements and restrictions;

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amending s. 1003.03, F.S.; authorizing use of alternative,

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nontraditional school calendars for purposes of meeting

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constitutional class size maximums; providing an effective

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date.

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

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     Section 1.  Subsection (7) is added to section 1013.64,

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Florida Statutes, to read:

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     1013.64  Funds for comprehensive educational plant needs;

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construction cost maximums for school district capital

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projects.--Allocations from the Public Education Capital Outlay

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and Debt Service Trust Fund to the various boards for capital

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outlay projects shall be determined as follows:

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     (7)(a) Beginning with the 2008-2009 fiscal year, there is

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established the Increased Utilization Program that shall be

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funded as a part of the Public Education Capital Outlay and Debt

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Service Trust Fund in an amount each year not to exceed 15

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percent of the total funds appropriated under paragraph (3)(a).

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These funds shall be allocated by the commissioner to any school

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district according to the following formula: Any eligible school

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that increases its FTE facility capacity by at least 20 percent

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as a result of using an alternative, nontraditional calendar

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shall receive up to a maximum of $250 per each FTE generated

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within the school.

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     (b) To be eligible, a district school board must submit a

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resolution to the commissioner by August 1 of each fiscal year,

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beginning August 1, 2008, of its intent to participate in the

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Increased Utilization Program, listing each of the schools

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eligible during the prior fiscal year. The information listed for

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each school must include the maximum FTE capacity for the year as

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contained in the Florida Inventory of School Houses in the Office

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of Educational Facilities and the increase attributable to the

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alternative, nontraditional calendar. To be eligible, each

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individual school's FTE must exceed the maximum facility capacity

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during the year by at least 20 percent.

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     (c) Each school district qualifying for funding under this

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subsection may be paid up to $250 per each FTE generated per

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eligible school for a maximum of 5 years if funds are available.

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If funds are insufficient during any fiscal year, the

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commissioner shall determine the pro rata amount.

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     (d) Funds received by a school district through the

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Increased Utilization Program shall be exempt from repayment of

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any project outstanding pursuant to subsection (2).

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     (e) All funds accruing to a school district under this

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subsection shall be allocated to the schools generating the

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increased capacity and shall be expended on needed projects as

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recommended in a survey under the rules of the State Board of

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Education.

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     (f) Overcrowding of a school or double session does not

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apply. In addition, students may not be assigned to instructional

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spaces contrary to the State Requirements for Educational

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Facilities.

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     Section 2.  Paragraph (j) of subsection (3) of section

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1003.03, Florida Statutes, is amended to read:

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     1003.03  Maximum class size.--

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     (3)  IMPLEMENTATION OPTIONS.--District school boards must

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consider, but are not limited to, implementing the following

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items in order to meet the constitutional class size maximums

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described in subsection (1) and the two-student-per-year

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reduction required in subsection (2):

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     (j) Use alternative, year-round schools and other

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nontraditional calendars that do not adversely impact annual

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assessment of student achievement.

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     Section 3.  This act shall take effect July 1, 2008.