HB 519

1
A bill to be entitled
2An act relating to public school utilization; amending s.
31013.64, F.S.; establishing the Increased Utilization
4Program which shall be funded as a part of the Public
5Education Capital Outlay and Debt Service Trust Fund;
6providing a formula for allocation of funds to a school
7district that increases its FTE facility capacity;
8providing eligibility requirements and restrictions;
9amending s. 1003.03, F.S.; authorizing use of alternative,
10nontraditional school calendars for purposes of meeting
11constitutional class size maximums; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (7) is added to section 1013.64,
17Florida Statutes, to read:
18     1013.64  Funds for comprehensive educational plant needs;
19construction cost maximums for school district capital
20projects.--Allocations from the Public Education Capital Outlay
21and Debt Service Trust Fund to the various boards for capital
22outlay projects shall be determined as follows:
23     (7)(a)  Beginning with the 2008-2009 fiscal year, there is
24established the Increased Utilization Program which shall be
25funded as a part of the Public Education Capital Outlay and Debt
26Service Trust Fund in an amount each year not to exceed 15
27percent of the total funds appropriated under paragraph (3)(a).
28These funds shall be allocated by the commissioner to any school
29district according to the following formula: Any eligible school
30that increases its FTE facility capacity by at least 20 percent
31as a result of using an alternative, nontraditional calendar
32shall receive up to a maximum of $250 per each FTE generated
33within the school.
34     (b)  To be eligible, a district school board must submit a
35resolution to the commissioner by August 1 of each fiscal year,
36beginning August 1, 2008, of its intent to participate in the
37Increased Utilization Program, listing each of the schools
38eligible during the prior fiscal year. The information listed
39for each school must include the maximum FTE capacity for the
40year as contained in the Florida Inventory of School Houses in
41the Office of Educational Facilities and the increase
42attributable to the alternative, nontraditional calendar. To be
43eligible, each individual school's FTE must exceed the maximum
44facility capacity during the year by at least 20 percent.
45     (c)  Each school district qualifying for funding under this
46subsection may be paid up to $250 per each FTE generated per
47eligible school for a maximum of 5 years if funds are available.
48If funds are insufficient during any fiscal year, the
49commissioner shall determine the pro rata amount.
50     (d)  Funds received by a school district through the
51Increased Utilization Program shall be exempt from repayment of
52any project outstanding pursuant to subsection (2).
53     (e)  All funds accruing to a school district under this
54subsection shall be allocated to the schools generating the
55increased capacity and shall be expended on needed projects as
56recommended in a survey under the rules of the State Board of
57Education.
58     (f)  Overcrowding of a school or double session does not
59apply. In addition, students may not be assigned to
60instructional spaces contrary to the State Requirements for
61Educational Facilities.
62     Section 2.  Paragraph (j) of subsection (3) of section
631003.03, Florida Statutes, is amended to read:
64     1003.03  Maximum class size.--
65     (3)  IMPLEMENTATION OPTIONS.--District school boards must
66consider, but are not limited to, implementing the following
67items in order to meet the constitutional class size maximums
68described in subsection (1) and the two-student-per-year
69reduction required in subsection (2):
70     (j)  Use alternative, year-round schools and other
71nontraditional calendars that do not adversely impact annual
72assessment of student achievement.
73     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.